Bill Text: IA SJR5 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa to make the Constitution of the State of Iowa gender neutral.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-01-22 - Subcommittee: Schultz, Celsi, and Whiting. S.J. 146. [SJR5 Detail]

Download: Iowa-2019-SJR5-Introduced.html
Senate Joint Resolution 5 - Introduced SENATE JOINT RESOLUTION 5 BY JOCHUM SENA TE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa to make the Constitution of the State 2 of Iowa gender neutral. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1081XS (7) 88 asf/jh
S.J.R. 5 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. The first paragraph of the Preamble of the Constitution 3 of the State of Iowa is amended to read as follows: 4 Preamble. WE THE PEOPLE OF THE STATE OF IOWA, grateful 5 to the Supreme Being for the blessings hitherto enjoyed, 6 and feeling our dependence on Him the Supreme Being for a 7 continuation of those blessings, do ordain and establish a free 8 and independent government, by the name of the State of Iowa, 9 the boundaries whereof shall be as follows: 10 2. Section 4 of Article I of the Constitution of the State 11 of Iowa is amended to read as follows: 12 Sec. 4. Religious test —— witnesses. No religious test 13 shall be required as a qualification for any office, or public 14 trust, and no person shall be deprived of any of his the 15 person’s rights, privileges, or capacities, or disqualified 16 from the performance of any of his the person’s public or 17 private duties, or rendered incompetent to give evidence in 18 any court of law or equity, in consequence of his the person’s 19 opinions on the subject of religion; and any party to any 20 judicial proceeding shall have the right to use as a witness, 21 or take the testimony of, any other person not disqualified on 22 account of interest, who may be cognizant of any fact material 23 to the case; and parties to suits may be witnesses, as provided 24 by law. 25 3. Section 7 of Article I of the Constitution of the State 26 of Iowa is amended to read as follows: 27 Sec. 7. Liberty of speech and press. Every person may 28 speak, write, and publish his the person’s sentiments on all 29 subjects, being responsible for the abuse of that right. No 30 law shall be passed to restrain or abridge the liberty of 31 speech, or of the press. In all prosecutions or indictments 32 for libel, the truth may be given in evidence to the jury, and 33 if it appears* to the jury that the matter charged as libellous 34 libelous was true, and was published with good motives and for 35 -1- LSB 1081XS (7) 88 asf/jh 1/ 9
S.J.R. 5 justifiable ends, the party shall be acquitted. 1 4. Section 9 of Article I of the Constitution of the State 2 of Iowa is amended to read as follows: 3 Sec. 9. Right of trial by jury —— due process of law. The 4 right of trial by jury shall remain inviolate; but the general 5 assembly may authorize trial by a jury of a less number than 6 twelve men individuals in inferior courts; but no person shall 7 be deprived of life, liberty, or property, without due process 8 of law. 9 5. Section 10 of Article I of the Constitution of the State 10 of Iowa is amended to read as follows: 11 Sec. 10. Rights of persons accused. In all criminal 12 prosecutions, and in cases involving the life, or liberty 13 of an individual the accused shall have a right to a speedy 14 and public trial by an impartial jury; to be informed of the 15 accusation against him the accused , to have a copy of the same 16 when demanded; to be confronted with the witnesses against him 17 the accused ; to have compulsory process for his the accused’s 18 witnesses; and, to have the assistance of counsel. 19 6. Section 1 of Article II of the Constitution of the State 20 of Iowa, as amended by the Amendment of 1868 and by amendment 21 number 2 of the Amendments of 1970, is amended to read as 22 follows: 23 Section 1. Electors. Every citizen of the United States 24 of the age of twenty-one years, who shall have been a resident 25 of this state for such period of time as shall be provided by 26 law and of the county in which he the person claims his the 27 person’s vote for such period of time as shall be provided by 28 law, shall be entitled to vote at all elections which are now 29 or hereafter may be authorized by law. The general assembly 30 may provide by law for different periods of residence in order 31 to vote for various officers or in order to vote in various 32 elections. The required periods of residence shall not exceed 33 six months in this state and sixty days in the county. 34 7. Section 4 of Article III of the Constitution of the State 35 -2- LSB 1081XS (7) 88 asf/jh 2/ 9
S.J.R. 5 of Iowa, as amended by the Amendment of 1880 and the Amendment 1 of 1926, is amended to read as follows: 2 Sec. 4. Qualifications. No person shall be a member of the 3 house of representatives who shall not have attained the age of 4 twenty-one years, be a citizen of the United States, and shall 5 have been an inhabitant of this state one year next preceding 6 his the person’s election, and at the time of his the person’s 7 election shall have had an actual residence of sixty days in 8 the county, or district he the person may have been chosen to 9 represent. 10 8. Section 10 of Article III of the Constitution of the 11 State of Iowa is amended to read as follows: 12 Sec. 10. Protest —— record of vote. Every member of the 13 general assembly shall have the liberty to dissent from, or 14 protest against any Act or resolution which he the member may 15 think injurious to the public, or an individual, and have the 16 reasons for his the member’s dissent entered on the journals; 17 and the yeas and nays of the members of either house, on any 18 question, shall, at the desire of any two members present, be 19 entered on the journals. 20 9. Section 16 of Article III of the Constitution of 21 the State of Iowa, as amended by amendment number 4 of the 22 Amendments of 1968, is amended to read as follows: 23 Sec. 16. Executive approval —— veto —— item veto by 24 governor. Every bill which shall have passed the general 25 assembly, shall, before it becomes a law, be presented to the 26 governor. If he approve the governor approves , he the governor 27 shall sign it; but if not, he the governor shall return it 28 with his the governor’s objections, to the house in which it 29 originated, which shall enter the same upon their its journal, 30 and proceed to reconsider it; if, after such reconsideration, 31 it again pass passes both houses, by yeas and nays, by a 32 majority of two thirds of the members of each house, it shall 33 become a law, notwithstanding the governor’s* objections. If 34 any bill shall not be returned within three days after it shall 35 -3- LSB 1081XS (7) 88 asf/jh 3/ 9
S.J.R. 5 have been presented to him the governor , Sunday excepted, the 1 same shall be a law in like manner as if he the governor had 2 signed it, unless the general assembly, by adjournment, prevent 3 prevents such return. Any bill submitted to the governor for 4 his the governor’s approval during the last three days of a 5 session of the general assembly, shall be deposited by him the 6 governor in the office of the secretary of state, within thirty 7 days after the adjournment, with his the governor’s approval, 8 if approved by him the governor , and with his the governor’s 9 objections, if he the governor disapproves thereof. 10 The governor may approve appropriation bills in whole or 11 in part, and may disapprove any item of an appropriation 12 bill; and the part approved shall become a law. Any item of 13 an appropriation bill disapproved by the governor shall be 14 returned, with his the governor’s objections, to the house 15 in which it originated, or shall be deposited by him the 16 governor in the office of the secretary of state in the case 17 of an appropriation bill submitted to the governor for his the 18 governor’s approval during the last three days of a session 19 of the general assembly, and the procedure in each case shall 20 be the same as provided for other bills. Any such item of an 21 appropriation bill may be enacted into law notwithstanding the 22 governor’s objections, in the same manner as provided for other 23 bills. 24 10. Section 21 of Article III of the Constitution of the 25 State of Iowa is amended to read as follows: 26 Sec. 21. Members not appointed to office. No senator or 27 representative shall, during the time for which he the senator 28 or representative shall have been elected, be appointed to any 29 civil office of profit under this state, which shall have been 30 created, or the emoluments of which shall have been increased 31 during such term, except such offices as may be filled by 32 elections by the people. 33 11. Section 23 of Article III of the Constitution of the 34 State of Iowa is amended to read as follows: 35 -4- LSB 1081XS (7) 88 asf/jh 4/ 9
S.J.R. 5 Sec. 23. Failure to account. No person who may hereafter 1 be a collector or holder of public monies, shall have a seat 2 in either house of the general assembly, or be eligible to 3 hold any office of trust or profit in this state, until he the 4 person shall have accounted for and paid into the treasury all 5 sums for which he the person may be liable. 6 12. Section 8 of Article IV of the Constitution of the State 7 of Iowa is amended to read as follows: 8 Sec. 8. Duties of governor. He The governor shall transact 9 all executive business with the officers of government, civil 10 and military, and may require information in writing from the 11 officers of the executive department upon any subject relating 12 to the duties of their respective offices. 13 13. Section 9 of Article IV of the Constitution of the State 14 of Iowa is amended to read as follows: 15 Sec. 9. Execution of laws. He The governor shall take care 16 that the laws are faithfully executed. 17 14. Section 11 of Article IV of the Constitution of the 18 State of Iowa is amended to read as follows: 19 Sec. 11. Convening general assembly. He The governor may, 20 on extraordinary occasions, convene the general assembly by 21 proclamation, and shall state to both houses, when assembled, 22 the purpose for which they shall have been convened. 23 15. Section 12 of Article IV of the Constitution of the 24 State of Iowa is amended to read as follows: 25 Sec. 12. Message. He The governor shall communicate, by 26 message, to the general assembly, at every regular session, the 27 condition of the state, and recommend such matters as he the 28 governor shall deem expedient. 29 16. Section 13 of Article IV of the Constitution of the 30 State of Iowa is amended to read as follows: 31 Sec. 13. Adjournment. In case of disagreement between 32 the two houses with respect to the time of adjournment, the 33 governor shall have power to adjourn the general assembly to 34 such time as he the governor may think proper; but no such 35 -5- LSB 1081XS (7) 88 asf/jh 5/ 9
S.J.R. 5 adjournment shall be beyond the time fixed for the regular 1 meeting of the next general assembly. 2 17. Section 16 of Article IV of the Constitution of the 3 State of Iowa is amended to read as follows: 4 Sec. 16. Pardons —— reprieves —— commutations. The governor 5 shall have power to grant reprieves, commutations and pardons, 6 after conviction, for all offences offenses except treason and 7 cases of impeachment, subject to such regulations as may be 8 provided by law. Upon conviction for treason, he the governor 9 shall have power to suspend the execution of the sentence until 10 the case shall be reported to the general assembly at its next 11 meeting, when the general assembly shall either grant a pardon, 12 commute the sentence, direct the execution of the sentence, or 13 grant a further reprieve. He The governor shall have power to 14 remit fines and forfeitures, under such regulations as may be 15 prescribed by law; and shall report to the general assembly, 16 at its next meeting, each case of reprieve, commutation, or 17 pardon granted, and the reasons therefor; and also all persons 18 in whose favor remission of fines and forfeitures shall have 19 been made, and the several amounts remitted. 20 18. Section 17 of Article IV of the Constitution of the 21 State of Iowa is amended to read as follows: 22 Sec. 17. Lieutenant governor to act as governor. In case of 23 the death, impeachment, resignation, removal from office, or 24 other disability of the governor, the powers and duties of the 25 office for the residue of the term, or until he the governor 26 shall be acquitted, or the disability removed, shall devolve 27 upon the lieutenant governor. 28 19. Section 20 of Article IV of the Constitution of the 29 State of Iowa is amended to read as follows: 30 Sec. 20. Seal of state. There shall be a seal of this 31 state, which shall be kept by the governor, and used by him the 32 governor officially, and shall be called the great seal of the 33 state of Iowa. 34 20. Section 12 of Article V of the Constitution of the State 35 -6- LSB 1081XS (7) 88 asf/jh 6/ 9
S.J.R. 5 of Iowa, as amended by amendment number 1 of the Amendments of 1 1972, is amended to read as follows: 2 Sec. 12. Attorney general. The general assembly shall 3 provide, by law, for the election of an attorney general by the 4 people, whose term of office shall be four years, and until his 5 the attorney general’s successor is elected and qualifies. 6 21. Paragraphs 1 and 2 of section 16 of Article V of the 7 Constitution of the State of Iowa, as added by the Amendment of 8 1962, are amended to read as follows: 9 There shall be a state judicial nominating commission. 10 Such commission shall make nominations to fill vacancies in 11 the supreme court. Until July 4, 1973, and thereafter unless 12 otherwise provided by law, the state judicial nominating 13 commission shall be composed and selected as follows: There 14 shall be not less than three nor more than eight appointive 15 members, as provided by law, and an equal number of elective 16 members on such commission, all of whom shall be electors of 17 the state. The appointive members shall be appointed by the 18 governor subject to confirmation by the senate. The elective 19 members shall be elected by the resident members of the bar of 20 the state. The judge of the supreme court who is senior in 21 length of service on said court, other than the chief justice, 22 shall also be a member of such commission and shall be its 23 chairman chairperson . 24 There shall be a district judicial nominating commission in 25 each judicial district of the state. Such commissions shall 26 make nominations to fill vacancies in the district court within 27 their respective districts. Until July 4, 1973, and thereafter 28 unless otherwise provided by law, district judicial nominating 29 commissions shall be composed and selected as follows: There 30 shall be not less than three nor more than six appointive 31 members, as provided by law, and an equal number of elective 32 members on each such commission, all of whom shall be electors 33 of the district. The appointive members shall be appointed by 34 the governor. The elective members shall be elected by the 35 -7- LSB 1081XS (7) 88 asf/jh 7/ 9
S.J.R. 5 resident members of the bar of the district. The district 1 judge of such district who is senior in length of service shall 2 also be a member of such commission and shall be its chairman 3 chairperson . 4 22. Section 1 of Article VI of the Constitution of the State 5 of Iowa, as amended by the Amendment of 1868, is amended to 6 read as follows: 7 Section 1. Composition —— training. The militia of this 8 state shall be composed of all able-bodied male citizens, 9 between the ages of eighteen and forty-five years, except such 10 as are or may hereafter be exempt by the laws of the United 11 States, or of this state, and shall be armed, equipped, and 12 trained, as the general assembly may provide by law. 13 23. Section 9 of Article VIII of the Constitution of the 14 State of Iowa is amended to read as follows: 15 Sec. 9. Stockholders’ responsibility. Every stockholder 16 in a banking corporation or institution shall be individually 17 responsible and liable to its creditors, over and above the 18 amount of stock by him or her held by the stockholder , to an 19 amount equal to his or her the stockholder’s respective shares 20 so held for all of its liabilities, accruing while he or she 21 the stockholder remains such stockholder.* 22 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 23 amendment to the Constitution of the State of Iowa is referred 24 to the general assembly to be chosen at the next general 25 election for members of the general assembly, and the secretary 26 of state is directed to cause the proposed amendment to be 27 published for three consecutive months previous to the date of 28 that election as provided by law. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This joint resolution proposes an amendment to the 33 Constitution of the State of Iowa to make all references 34 to persons or officers gender neutral. The resolution, if 35 -8- LSB 1081XS (7) 88 asf/jh 8/ 9
S.J.R. 5 adopted, would be published and then referred to the next 1 general assembly (89th) for adoption, before being submitted to 2 the electorate for ratification. 3 -9- LSB 1081XS (7) 88 asf/jh 9/ 9
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