Iowa-2015-SJR2002-Introduced
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:
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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.
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