Bill Text: IA SJR2002 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa permitting electors to propose and to vote to submit initiative bills to the general assembly for consideration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-25 - Introduced, referred to Rules & Administration. S.J. 94. [SJR2002 Detail]
Download: Iowa-2015-SJR2002-Introduced.html
Senate Joint Resolution 2002 - Introduced SENATE JOINT RESOLUTION BY CHELGREN SENATE JOINT RESOLUTION 1 A Joint Resolution proposing an amendment to the Constitution 2 of the State of Iowa permitting electors to propose and to 3 vote to submit initiative bills to the general assembly for 4 consideration. 5 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5573XS (5) 86 aw/rj PAG LIN 1 1 Section 1. The following amendment to the Constitution of 1 2 the State of Iowa is proposed: 1 3 1. The Constitution of the State of Iowa is amended by 1 4 adding the following new section to Article II: 1 5 Initiative bills proposed by electors.SEC. 8. The electors 1 6 of the state reserve the power to propose initiative bills. 1 7 An elector seeking to have the electors propose an 1 8 initiative bill for submission to the general assembly shall 1 9 file an application with the secretary of state containing 1 10 the initiative bill to be so submitted. If the secretary 1 11 of state finds the application and initiative bill in proper 1 12 form, and that the initiative bill conforms with article III, 1 13 section 29, the secretary of state shall so certify. Following 1 14 certification of an application, the secretary of state shall 1 15 prepare a petition, containing the text of the initiative 1 16 bill and a summary of its subject matter, for circulation to 1 17 electors by the elector seeking to have the electors propose 1 18 the initiative bill. Denial of certification shall be subject 1 19 to judicial review. 1 20 If an elector files such a petition signed by one hundred 1 21 thousand or more electors with the secretary of state, the 1 22 secretary of state shall prepare a ballot title and proposition 1 23 summarizing the initiative bill, and shall place the ballot 1 24 title and proposition on the ballot at the first general 1 25 election held more than one hundred twenty days after the 1 26 petition is filed. The design of the ballot shall permit the 1 27 electors to vote for or against adoption of the proposition. 1 28 Preceding the general election at which the ballot title and 1 29 proposition shall be placed on the ballot, the secretary of 1 30 state shall cause the initiative bill to be published on the 1 31 secretary of state's internet site or on another internet site 1 32 and for three months electronically and in print in at least 1 33 one newspaper in each county, if one is published therein. 1 34 If, before the election, substantially the same bill has been 1 35 enacted, the petition and ballot initiative are void. 2 1 The secretary of state shall certify the election returns 2 2 for the proposition. If the electors shall approve such 2 3 proposition, by a majority of qualified electors casting votes 2 4 thereon, the secretary of state shall file the associated 2 5 initiative bill with both houses of the general assembly on the 2 6 first day of the next regular session of the general assembly 2 7 for consideration pursuant to article III, section 15. 2 8 2. Section 15, Article III of the Constitution of the State 2 9 of Iowa is amended to read as follows: 2 10 Bills.SEC. 15. Bills may originate in either house,; and 2 11 bills other than initiative bills may be amended, altered, 2 12 or rejected by the other; and every bill having passed both 2 13 houses, shall be signed by the speaker and president of their 2 14 respective houses. 2 15 An initiative bill, filed with both houses of the general 2 16 assembly by the secretary of state, shall not be amended 2 17 or altered and both houses of the general assembly shall 2 18 debate and vote yea or nay for the passage or rejection of 2 19 the initiative bill during the regular session in which it is 2 20 filed. If an initiative bill is presented to the governor, the 2 21 house that first passed the initiative bill shall be considered 2 22 the house of origin. 2 23 3. Section 16, Article III of the Constitution of the State 2 24 of Iowa is amended by adding the following new paragraph at the 2 25 end thereof: 2 26 An initiative bill shall not be considered an appropriation 2 27 bill and the governor may only approve or disapprove of an 2 28 initiative bill in whole. 2 29 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 2 30 amendment to the Constitution of the State of Iowa is referred 2 31 to the general assembly to be chosen at the next general 2 32 election for members of the general assembly, and the secretary 2 33 of state is directed to cause the proposed amendment to be 2 34 published for three consecutive months previous to the date of 2 35 that election as provided by law. 3 1 EXPLANATION 3 2 The inclusion of this explanation does not constitute agreement with 3 3 the explanation's substance by the members of the general assembly. 3 4 This joint resolution proposes an amendment to the 3 5 Constitution of the State of Iowa by permitting electors to 3 6 propose and to vote to submit initiative bills to the general 3 7 assembly for consideration. 3 8 The amendment requires that an elector seeking to have the 3 9 electors propose an initiative bill file an application with 3 10 the secretary of state (secretary) containing the initiative 3 11 bill. The secretary is required to certify applications and 3 12 initiative bills that are submitted in proper form and meet the 3 13 one subject requirement of the Iowa Constitution. Following 3 14 certification, the secretary is required to prepare a petition, 3 15 containing the text of the initiative bill and a summary of 3 16 its subject matter, for circulation to electors by the elector 3 17 seeking to have the electors propose the initiative bill. 3 18 Denial of certification is subject to judicial review. 3 19 The amendment requires that the secretary prepare a ballot 3 20 title and proposition summarizing the initiative bill upon 3 21 receiving a petition signed by 100,000 or more electors. The 3 22 amendment also requires that the secretary place the ballot 3 23 title and proposition on the ballot at the first general 3 24 election held more than 120 days after such a petition is 3 25 filed. The amendment requires that the initiative bill be 3 26 published for three months electronically and in print in one 3 27 newspaper in each county. 3 28 The amendment requires that the secretary certify the 3 29 election returns for the proposition. The amendment provides 3 30 that if a majority of those voting on the proposition cast 3 31 votes for adoption of the proposition, the secretary is 3 32 required to file the initiative bill with both houses of 3 33 the general assembly on the first day of the next regular 3 34 session of the general assembly. The amendment requires the 3 35 general assembly to debate and vote on any filed initiative 4 1 bill during the session in which it is filed, and provides 4 2 that an initiative bill cannot be amended or altered. The 4 3 bill provides that an initiative bill that is presented to 4 4 the governor is considered to have originated in the house 4 5 that first passes the bill. The amendment provides that an 4 6 initiative bill shall not be considered an appropriation bill 4 7 and that the governor may only approve or disapprove of an 4 8 initiative bill in whole. 4 9 The resolution, if adopted, would be referred to the next 4 10 general assembly for adoption before being submitted to the 4 11 electorate for ratification. LSB 5573XS (5) 86 aw/rj
