Text: HJR2015            Text: HJR2017


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 4 referendum. 5 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5972YH (5) 83 sc/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. Article III, Legislative Department, Section 1, 1 4 Constitution of the State of Iowa, is repealed and the 1 5 following adopted in lieu thereof: 1 6 General assembly == referendum.SECTION 1.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. LSB 5972YH (5) 83 sc/rj
Text: HJR2015            Text: HJR2017