Text: SJR2004            Text: SJR2006
Complete Bill History


Senate Joint Resolution 2005

SENATE JOINT RESOLUTION BY HARTSUCH SENATE JOINT RESOLUTION 1 A Joint Resolution proposing an amendment to the Constitution 2 of the State of Iowa allowing the electorate to propose laws 3 and amendments to the Constitution by initiative petition. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6169XS (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of Iowa is proposed: 1 3 Article III, Legislative Department, Section 1, Constitution 1 4 of the State of Iowa, is repealed and the following adopted in 1 5 lieu thereof: 1 6 Legislative authority == initiative of the people and the 1 7 General Assembly.SECTION 1. 1 8 1. The people reserve to themselves the power to initiate 1 9 laws and amendments to the Constitution and to adopt such laws 1 10 and amendments independently of the Legislative authority. 1 11 With the exception of laws and amendments to the Constitution 1 12 by initiative petition, the Legislative authority of this State 1 13 is vested in a General Assembly which shall consist of a Senate 1 14 and a House of Representatives. 1 15 2. a. An initiative petition proposing a law or an 1 16 amendment to the Constitution shall be filed with the Secretary 1 17 of State not less than twelve months preceding the date of the 1 18 general election at which the proposed law or amendment is to 1 19 be voted upon. Each initiative petition proposing a law shall 1 20 be signed by eligible electors equal in number to five percent 1 21 of the votes cast for the office of Governor at the last 1 22 general election in which that office was on the ballot. Each 1 23 initiative petition proposing an amendment to the Constitution 1 24 shall be signed by eligible electors equal in number to ten 1 25 percent of the votes cast for the office of Governor at the 1 26 last general election in which that office was on the ballot. 1 27 b. Each initiative petition shall contain the declaration 1 28 of each petitioner that the petitioner is an eligible elector 1 29 of the State, the petitioner's address, and the date on which 1 30 the petitioner signed the petition. Each sheet containing 1 31 petitioners' signatures shall be attached to a full and correct 1 32 copy of the title and text of the proposed law or amendment 1 33 to be initiated, and every sheet of the petition containing 1 34 signatures shall be verified by the affidavit of the person who 1 35 circulated the sheet, setting forth that each of the names on 2 1 the sheet was signed in the presence of the affiant and that in 2 2 the belief of the affiant each signer was an eligible elector 2 3 of the State. 2 4 c. Each law or amendment initiated by initiative petition 2 5 shall comply with the requirements of article III, section 29, 2 6 or article X, section 2, respectively, and shall not exceed 2 7 five thousand words in length. An analysis of the legal and 2 8 fiscal impact of the law or amendment shall be prepared and 2 9 made available to members of each house of the General Assembly 2 10 and to the public prior to the day of the general election, as 2 11 provided by law. 2 12 d. A law or amendment initiated by petition may be withdrawn 2 13 if a petition requesting withdrawal is filed with the Secretary 2 14 of State not later than one hundred twenty days before the 2 15 next general election. The petition requesting withdrawal 2 16 must contain the signatures of no less than two=thirds of the 2 17 signers of the initiative petition filed with the Secretary 2 18 of State. Upon the filing of a valid withdrawal petition, 2 19 the Secretary of State shall take no further action on the 2 20 initiative petition. 2 21 3. a. All elections on laws or amendments to the 2 22 Constitution initiated by the people shall be held at the 2 23 general election. When an initiative petition is filed, the 2 24 Secretary of State shall cause to be printed on the official 2 25 ballot at the next general election the title of the law or 2 26 amendment, together with the words "Yes" and "No" in such 2 27 manner that the voters may express at the polls their approval 2 28 or rejection of the law or amendment. The text of all laws or 2 29 amendments to be submitted shall be published by the Secretary 2 30 of State as required by law. 2 31 b. No more than five laws or amendments to the Constitution 2 32 initiated by petition may be placed on the ballot at any 2 33 general election. The first five petitions to be filed with 2 34 the Secretary of State and to meet the qualifications of this 2 35 section shall be placed on the ballot at the general election. 3 1 4. a. A simple majority of the votes cast for an initiated 3 2 law or amendment is necessary to approve the law or amendment. 3 3 An initiated law or amendment approved by the people is 3 4 effective July 1 following its approval. 3 5 b. The veto power of the Governor in article III shall not 3 6 extend to laws proposed by initiative petition and approved by 3 7 the electorate. 3 8 c. If two or more conflicting laws or amendments to the 3 9 Constitution are placed on the same ballot, the Secretary of 3 10 State shall include on the ballot a statement notifying the 3 11 voters of the conflicting laws or amendments. 3 12 d. If two or more conflicting laws or amendments to 3 13 the Constitution are approved by the people at the same 3 14 election, the law or amendment receiving the greatest number of 3 15 affirmative votes shall prevail. 3 16 5. The Secretary of State, in the presence of the Governor 3 17 and the Chief Justice of the Supreme Court, shall canvass the 3 18 votes within thirty days after the general election, and upon 3 19 completion of the canvass shall issue a proclamation, giving 3 20 the entire number of votes cast for and against each initiated 3 21 law or amendment to the Constitution and declaring those laws 3 22 or amendments which were approved. 3 23 6. A law or amendment to the Constitution proposed by 3 24 initiative petition and rejected at a general election shall 3 25 not be placed on the ballot more than once in a three=year 3 26 period. 3 27 7. The General Assembly may provide by law for procedures 3 28 to implement this section. Such procedures shall in no way 3 29 restrict or impair the powers reserved to the people by this 3 30 section. The General Assembly shall provide a penalty for any 3 31 willful violation of any of the provisions of this section. 3 32 8. This section shall not be construed to deprive the 3 33 General Assembly of the right to enact any law. This section 3 34 shall not be construed to deprive the General Assembly or 3 35 a constitutional convention of the right to propose any 4 1 constitutional amendment as provided in article X, or to 4 2 deprive the people of the right to approve and ratify such a 4 3 proposed amendment as provided in article X. 4 4 9. The style of an act enacted by the General Assembly shall 4 5 be: Be It Enacted by the General Assembly of the State of Iowa. 4 6 The style of an act submitted to the voters by an initiative 4 7 petition shall be: Be It Enacted by the People of the State of 4 8 Iowa. 4 9 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 4 10 amendment to be Constitution of the State of Iowa is referred 4 11 to the General Assembly to be chosen at the next general 4 12 election for members of the General Assembly and the Secretary 4 13 of State is directed to cause the proposed amendment to be 4 14 published for three consecutive months before the date of that 4 15 election as provided by law. 4 16 EXPLANATION 4 17 This Joint Resolution proposes an amendment to the 4 18 Constitution of the State of Iowa granting the people the power 4 19 to initiate laws or amendments to the Constitution of the State 4 20 of Iowa by petition and approve the laws or amendments at the 4 21 polls. Initiative petitions must contain a specified number of 4 22 signature of eligible electors. A procedure for withdrawal of 4 23 a petition is included. 4 24 Initiative petitions must be filed with the secretary of 4 25 state not less than 12 months before the general election at 4 26 which it will be voted on. 4 27 The resolution also provides that any law or amendment to the 4 28 Constitution proposed by initiative petition shall not exceed 4 29 5,000 words in length and that a legal and fiscal analysis 4 30 shall be prepared for members of the general assembly. No more 4 31 than five initiated laws or amendments may be placed on the 4 32 ballot at one time. 4 33 The resolution provides that the general assembly may enact 4 34 laws to implement this amendment to the Constitution. 4 35 An initiated law or amendment approved by the people is 5 1 effective July 1 following its approval. A law or amendment 5 2 proposed by initiative petition and rejected at election shall 5 3 not be placed on the ballot more than once in a three=year 5 4 period. 5 5 The resolution, if adopted, would be referred to the next 5 6 general assembly for consideration a second time, before 5 7 the amendment would be submitted to the electorate for 5 8 ratification. LSB 6169XS (5) 83 sc/rj
Text: SJR2004            Text: SJR2006 Complete Bill History