House Joint Resolution 2016
HOUSE JOINT RESOLUTION
BY DE BOEF
HOUSE JOINT RESOLUTION
1 A Joint Resolution proposing an amendment to the Constitution
2 of the State of Iowa relating to the power of the people to
3 approve or reject certain acts of the General Assembly by
5 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 1 Section 1. The following amendment to the Constitution of
1 2 the State of Iowa is proposed:
1 3 1. Article III, Legislative Department, Section 1,
1 4 Constitution of the State of Iowa, is repealed and the
1 5 following adopted in lieu thereof:
1 6 General assembly == referendum.SECTION 1. The Legislative
1 7 authority of this state is vested in a General Assembly which
1 8 shall consist of a Senate and a House of Representatives.
1 9 However, the people reserve the power to approve or reject at
1 10 the polls any act, independently of the General Assembly.
1 11 Upon written petition of eligible electors equal in number
1 12 to not less than ten percent of the vote cast for Governor
1 13 in the last general election for Governor, addressed to the
1 14 Governor and filed in the office of the Secretary of State
1 15 no later than the ninetieth day after final adjournment of
1 16 the General Assembly, requesting that one or more acts passed
1 17 by the General Assembly as approved by the Governor but not
1 18 then in effect by reason of the provisions of section 26, be
1 19 referred to the people, such acts shall not take effect until
1 20 thirty days after the Governor shall have announced by public
1 21 proclamation that the same have been ratified by a majority of
1 22 the electors voting thereon at a statewide election.
1 23 The effect of any act specified in such petition shall be
1 24 suspended upon the filing of the petition. If it is later
1 25 finally determined, in accordance with any procedure enacted
1 26 by the General Assembly, that such petition was invalid, such
1 27 act shall then take effect upon the day following such final
1 28 determination.
1 29 Upon receipt of a valid petition, the Secretary of State
1 30 shall notify the Governor who shall, by proclamation, give
1 31 notice of the day and time of an election on the proposition
1 32 to approve or reject the act specified in the petition. The
1 33 election shall be held no more than sixty days after the
1 34 Governor's proclamation. If the Governor fails to give notice
1 35 of the election on the petition, the Secretary of State shall,
2 1 by proclamation, order that the proposition be submitted to the
2 2 people at an election, and such order shall be sufficient to
2 3 enable the people to vote.
2 4 Any act referred to the people and approved by a majority of
2 5 the votes cast thereon shall, unless a later date is specified
2 6 in the act, take effect and become law thirty days after
2 7 the Governor proclaims that the act has been ratified by the
2 8 electorate.
2 9 The General Assembly may enact acts expressly conditioned
2 10 upon the people's ratification by referendum vote pursuant to
2 11 this section.
2 12 The right of the electorate to approve or reject an act of
2 13 the General Assembly shall not extend to acts that pertain
2 14 solely to facilitating the performance of the business of the
2 15 General Assembly or appropriating money therefor, or for the
2 16 payment of compensation fixed by law.
2 17 Sec. 2. Section 16 of Article III of the Constitution of
2 18 the State of Iowa, as amended by amendment number 4 of the
2 19 Amendments of 1968, is amended by adding the following new
2 20 paragraph at the end thereof:
2 21 Vote of the people. The veto power of the Governor shall not
2 22 extend to any act after the act has been approved by vote of the
2 23 people.
2 24 Sec. 3. Section 26 of Article III of the Constitution of
2 25 the State of Iowa, as amended by the Amendment of 1966 and the
2 26 Amendment of 1986, is amended to read as follows:
2 27 Time laws to take effect.SEC. 26. An act of the General
2 28 Assembly passed at a regular session of a General Assembly
2 29 shall take effect
on July 1 ninety days following its passage
2 30 unless a different later effective date is stated in an
2 31 act of the General Assembly. An act passed at a special
2 32 session of a General Assembly shall take effect ninety
2 33 days after adjournment of the special session unless a
2 34 different later effective date is stated in an act of the
2 35 General Assembly. The General Assembly may establish by law
3 1 a procedure for giving notice of the contents of acts of
3 2 immediate importance which become law.
3 3 The effective date of an act referred to the people under
3 4 section 1 shall be determined under the provisions of section
3 5 1.
3 6 Sec. 4. REFERRAL AND PUBLICATION. The foregoing amendment
3 7 to the Constitution of the State of Iowa is referred to the
3 8 General Assembly to be chosen at the next general election
3 9 for members of the General Assembly and the Secretary of
3 10 State is directed to cause the same to be published for three
3 11 consecutive months previous to the date of that election as
3 12 provided by law.
3 13 EXPLANATION
3 14 This joint resolution proposes an amendment to the
3 15 Constitution of the State of Iowa giving the people the
3 16 power to approve or reject certain acts passed by the general
3 17 assembly.
3 18 The joint resolution provides that a law passed by the
3 19 general assembly shall not take effect until 90 days after
3 20 final adjournment of that session of the general assembly. If
3 21 during that time a valid petition is filed with the secretary
3 22 of state requesting that the law be submitted to the people at
3 23 election, the governor shall give notice of the election to be
3 24 held no later than 60 days after receipt of the petition. If
3 25 the law is approved by the people at election, it shall take
3 26 effect 30 days after proclamation of its approval.
3 27 The joint resolution provides that the right of the
3 28 electorate to approve or reject an act passed by the general
3 29 assembly shall not extend to acts that pertain solely to
3 30 facilitating the performance of the business of the general
3 31 assembly or for the payment of compensation fixed by law.
3 32 The joint resolution also provides that laws approved by
3 33 the people at election are not subject to the governor's veto
3 34 power.
3 35 The joint resolution, if adopted, would be referred to the
4 1 next general assembly for consideration a second time before
4 2 the amendment is submitted to the electorate for ratification.
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