Senate Joint Resolution 2002 - Introduced SENATE JOINT RESOLUTION 2002 BY CHELGREN SENA TE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa permitting electors to propose and to 2 vote to submit initiative bills to the general assembly for 3 consideration. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5573XS (5) 86 aw/rj

S.J.R. 2002 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. The Constitution of the State of Iowa is amended by 3 adding the following new section to Article II: 4 Initiative bills proposed by electors. SEC. 8. The electors 5 of the state reserve the power to propose initiative bills. 6 An elector seeking to have the electors propose an 7 initiative bill for submission to the general assembly shall 8 file an application with the secretary of state containing 9 the initiative bill to be so submitted. If the secretary 10 of state finds the application and initiative bill in proper 11 form, and that the initiative bill conforms with article III, 12 section 29, the secretary of state shall so certify. Following 13 certification of an application, the secretary of state shall 14 prepare a petition, containing the text of the initiative 15 bill and a summary of its subject matter, for circulation to 16 electors by the elector seeking to have the electors propose 17 the initiative bill. Denial of certification shall be subject 18 to judicial review. 19 If an elector files such a petition signed by one hundred 20 thousand or more electors with the secretary of state, the 21 secretary of state shall prepare a ballot title and proposition 22 summarizing the initiative bill, and shall place the ballot 23 title and proposition on the ballot at the first general 24 election held more than one hundred twenty days after the 25 petition is filed. The design of the ballot shall permit the 26 electors to vote for or against adoption of the proposition. 27 Preceding the general election at which the ballot title and 28 proposition shall be placed on the ballot, the secretary of 29 state shall cause the initiative bill to be published on the 30 secretary of state’s internet site or on another internet site 31 and for three months electronically and in print in at least 32 one newspaper in each county, if one is published therein. 33 If, before the election, substantially the same bill has been 34 enacted, the petition and ballot initiative are void. 35 -1- LSB 5573XS (5) 86 aw/rj 1/ 4

S.J.R. 2002 The secretary of state shall certify the election returns 1 for the proposition. If the electors shall approve such 2 proposition, by a majority of qualified electors casting votes 3 thereon, the secretary of state shall file the associated 4 initiative bill with both houses of the general assembly on the 5 first day of the next regular session of the general assembly 6 for consideration pursuant to article III, section 15. 7 2. Section 15, Article III of the Constitution of the State 8 of Iowa is amended to read as follows: 9 Bills. SEC. 15. Bills may originate in either house , ; and 10 bills other than initiative bills may be amended, altered, 11 or rejected by the other; and every bill having passed both 12 houses, shall be signed by the speaker and president of their 13 respective houses. 14 An initiative bill, filed with both houses of the general 15 assembly by the secretary of state, shall not be amended 16 or altered and both houses of the general assembly shall 17 debate and vote yea or nay for the passage or rejection of 18 the initiative bill during the regular session in which it is 19 filed. If an initiative bill is presented to the governor, the 20 house that first passed the initiative bill shall be considered 21 the house of origin. 22 3. Section 16, Article III of the Constitution of the State 23 of Iowa is amended by adding the following new paragraph at the 24 end thereof: 25 An initiative bill shall not be considered an appropriation 26 bill and the governor may only approve or disapprove of an 27 initiative bill in whole. 28 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 29 amendment to the Constitution of the State of Iowa is referred 30 to the general assembly to be chosen at the next general 31 election for members of the general assembly, and the secretary 32 of state is directed to cause the proposed amendment to be 33 published for three consecutive months previous to the date of 34 that election as provided by law. 35 -2- LSB 5573XS (5) 86 aw/rj 2/ 4

S.J.R. 2002 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This joint resolution proposes an amendment to the 4 Constitution of the State of Iowa by permitting electors to 5 propose and to vote to submit initiative bills to the general 6 assembly for consideration. 7 The amendment requires that an elector seeking to have the 8 electors propose an initiative bill file an application with 9 the secretary of state (secretary) containing the initiative 10 bill. The secretary is required to certify applications and 11 initiative bills that are submitted in proper form and meet the 12 one subject requirement of the Iowa Constitution. Following 13 certification, the secretary is required to prepare a petition, 14 containing the text of the initiative bill and a summary of 15 its subject matter, for circulation to electors by the elector 16 seeking to have the electors propose the initiative bill. 17 Denial of certification is subject to judicial review. 18 The amendment requires that the secretary prepare a ballot 19 title and proposition summarizing the initiative bill upon 20 receiving a petition signed by 100,000 or more electors. The 21 amendment also requires that the secretary place the ballot 22 title and proposition on the ballot at the first general 23 election held more than 120 days after such a petition is 24 filed. The amendment requires that the initiative bill be 25 published for three months electronically and in print in one 26 newspaper in each county. 27 The amendment requires that the secretary certify the 28 election returns for the proposition. The amendment provides 29 that if a majority of those voting on the proposition cast 30 votes for adoption of the proposition, the secretary is 31 required to file the initiative bill with both houses of 32 the general assembly on the first day of the next regular 33 session of the general assembly. The amendment requires the 34 general assembly to debate and vote on any filed initiative 35 -3- LSB 5573XS (5) 86 aw/rj 3/ 4

S.J.R. 2002 bill during the session in which it is filed, and provides 1 that an initiative bill cannot be amended or altered. The 2 bill provides that an initiative bill that is presented to 3 the governor is considered to have originated in the house 4 that first passes the bill. The amendment provides that an 5 initiative bill shall not be considered an appropriation bill 6 and that the governor may only approve or disapprove of an 7 initiative bill in whole. 8 The resolution, if adopted, would be referred to the next 9 general assembly for adoption before being submitted to the 10 electorate for ratification. 11 -4- LSB 5573XS (5) 86 aw/rj 4/ 4