House Joint Resolution 2016 - Introduced HOUSE JOINT RESOLUTION 2016 BY DE BOEF HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the power of the people to 2 approve or reject certain acts of the General Assembly by 3 referendum. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5972YH (5) 83 sc/rj

H.J.R. 2016 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. Article III, Legislative Department, Section 1, 3 Constitution of the State of Iowa, is repealed and the 4 following adopted in lieu thereof: 5 General assembly —— referendum. SECTION 1. The Legislative 6 authority of this state is vested in a General Assembly which 7 shall consist of a Senate and a House of Representatives. 8 However, the people reserve the power to approve or reject at 9 the polls any act, independently of the General Assembly. 10 Upon written petition of eligible electors equal in number 11 to not less than ten percent of the vote cast for Governor 12 in the last general election for Governor, addressed to the 13 Governor and filed in the office of the Secretary of State 14 no later than the ninetieth day after final adjournment of 15 the General Assembly, requesting that one or more acts passed 16 by the General Assembly as approved by the Governor but not 17 then in effect by reason of the provisions of section 26, be 18 referred to the people, such acts shall not take effect until 19 thirty days after the Governor shall have announced by public 20 proclamation that the same have been ratified by a majority of 21 the electors voting thereon at a statewide election. 22 The effect of any act specified in such petition shall be 23 suspended upon the filing of the petition. If it is later 24 finally determined, in accordance with any procedure enacted 25 by the General Assembly, that such petition was invalid, such 26 act shall then take effect upon the day following such final 27 determination. 28 Upon receipt of a valid petition, the Secretary of State 29 shall notify the Governor who shall, by proclamation, give 30 notice of the day and time of an election on the proposition 31 to approve or reject the act specified in the petition. The 32 election shall be held no more than sixty days after the 33 Governor’s proclamation. If the Governor fails to give notice 34 of the election on the petition, the Secretary of State shall, 35 -1- LSB 5972YH (5) 83 sc/rj 1/ 4

H.J.R. 2016 by proclamation, order that the proposition be submitted to the 1 people at an election, and such order shall be sufficient to 2 enable the people to vote. 3 Any act referred to the people and approved by a majority of 4 the votes cast thereon shall, unless a later date is specified 5 in the act, take effect and become law thirty days after 6 the Governor proclaims that the act has been ratified by the 7 electorate. 8 The General Assembly may enact acts expressly conditioned 9 upon the people’s ratification by referendum vote pursuant to 10 this section. 11 The right of the electorate to approve or reject an act of 12 the General Assembly shall not extend to acts that pertain 13 solely to facilitating the performance of the business of the 14 General Assembly or appropriating money therefor, or for the 15 payment of compensation fixed by law. 16 Sec. 2. Section 16 of Article III of the Constitution of 17 the State of Iowa, as amended by amendment number 4 of the 18 Amendments of 1968, is amended by adding the following new 19 paragraph at the end thereof: 20 Vote of the people. The veto power of the Governor shall not 21 extend to any act after the act has been approved by vote of the 22 people. 23 Sec. 3. Section 26 of Article III of the Constitution of 24 the State of Iowa, as amended by the Amendment of 1966 and the 25 Amendment of 1986, is amended to read as follows: 26 Time laws to take effect. SEC. 26. An act of the General 27 Assembly passed at a regular session of a General Assembly 28 shall take effect on July 1 ninety days following its passage 29 unless a different later effective date is stated in an 30 act of the General Assembly. An act passed at a special 31 session of a General Assembly shall take effect ninety 32 days after adjournment of the special session unless a 33 different later effective date is stated in an act of the 34 General Assembly. The General Assembly may establish by law 35 -2- LSB 5972YH (5) 83 sc/rj 2/ 4

H.J.R. 2016 a procedure for giving notice of the contents of acts of 1 immediate importance which become law. 2 The effective date of an act referred to the people under 3 section 1 shall be determined under the provisions of section 4 1. 5 Sec. 4. REFERRAL AND PUBLICATION. The foregoing amendment 6 to the Constitution of the State of Iowa is referred to the 7 General Assembly to be chosen at the next general election 8 for members of the General Assembly and the Secretary of 9 State is directed to cause the same to be published for three 10 consecutive months previous to the date of that election as 11 provided by law. 12 EXPLANATION 13 This joint resolution proposes an amendment to the 14 Constitution of the State of Iowa giving the people the 15 power to approve or reject certain acts passed by the general 16 assembly. 17 The joint resolution provides that a law passed by the 18 general assembly shall not take effect until 90 days after 19 final adjournment of that session of the general assembly. If 20 during that time a valid petition is filed with the secretary 21 of state requesting that the law be submitted to the people at 22 election, the governor shall give notice of the election to be 23 held no later than 60 days after receipt of the petition. If 24 the law is approved by the people at election, it shall take 25 effect 30 days after proclamation of its approval. 26 The joint resolution provides that the right of the 27 electorate to approve or reject an act passed by the general 28 assembly shall not extend to acts that pertain solely to 29 facilitating the performance of the business of the general 30 assembly or for the payment of compensation fixed by law. 31 The joint resolution also provides that laws approved by 32 the people at election are not subject to the governor’s veto 33 power. 34 The joint resolution, if adopted, would be referred to the 35 -3- LSB 5972YH (5) 83 sc/rj 3/ 4

H.J.R. 2016 next general assembly for consideration a second time before 1 the amendment is submitted to the electorate for ratification. 2 -4- LSB 5972YH (5) 83 sc/rj 4/ 4