SJR 2005 (LSB 6169XS (5) 83)

SENATE JOINT RESOLUTION 2005

BY  HARTSUCH

SENATE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa allowing the electorate to propose laws and amendments to the Constitution by initiative petition.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:

   Article III, Legislative Department, Section 1, Constitution of the State of Iowa, is repealed and the following adopted in lieu thereof:

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