HJR 5 (LSB 1145YH (5) 91)

HOUSE JOINT RESOLUTION 5

BY  WESSEL-KROESCHELL, OLSON, B. MEYER, WILBURN, KURTH, BROWN-POWERS, ZABNER, SRINIVAS, McBURNEY, LEVIN, EHLERT, TUREK, WICHTENDAHL, KRESSIG, AMOS JR., COOLING, MATSON, JAMES, KONFRST, BAGNIEWSKI, CROKEN, MADISON, SCHEETZ, GOSA, R. JOHNSON, and SCHOLTEN

HOUSE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa relating to citizen initiatives to amend the Constitution of the State of Iowa and the Iowa Code and referendums to approve certain bills passed by the general assembly.

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:
   The Constitution of the State of Iowa is amended by adding the following new sections to a new article: 

ARTICLE ___.
INITIATIVE AND REFERENDUM.

    Section 1.  Reservation of power to enact and reject laws.  The people reserve the power to propose and enact or reject laws and amendments to this Constitution by initiative, independent of the general assembly, and also reserve the power to approve or reject by referendum any Act of the general assembly, except as otherwise provided in this article.
    Sec. 2.  Initiative petitions —— signatures required —— form and procedure.  An initiative petition proposing an amendment to this Constitution shall be signed by a number of qualified electors in each of at least three-fourths of the congressional districts in the state equal to eight percent of the total votes cast in the district for governor at the general election immediately preceding the filing of the petition in which votes were cast for the office of governor. The petition shall be submitted to the secretary of state not less than six months before the next general election. An initiative petition proposing an amendment to the Constitution shall not contain more than one amended article of the Constitution, or one new article which shall not contain more than one subject and matters properly related. An initiative petition proposing an amendment to the Constitution shall include the resolving clause “Be it resolved by the people of the state of Iowa:”.
   An initiative petition proposing a law shall be signed by a number of qualified electors in each of at least three-fourths of the congressional districts in the state equal to five percent of the total votes cast in the district for governor at the general election immediately preceding the filing of the petition in which votes were cast for the office of governor. The petition shall be submitted to the secretary of state not less than six months before the next general election. An initiative petition proposing a law shall not contain more than one subject which shall be clearly expressed in the title. An initiative petition proposing a law shall include the enacting clause “Be it enacted by the people of the state of Iowa:”.
    Sec. 3.  Appropriations by initiative —— effective date of initiated laws —— conflicting laws concurrently adopted.  An initiative shall not appropriate any moneys other than new revenues created and provided for in the initiative. Except as otherwise provided in this Constitution, a law or amendment to the Constitution proposed by an initiative takes effect when approved by a majority of the votes cast thereon, unless a later date is specified in the initiative. When conflicting laws or amendments to the Constitution are approved at the same election, the law or amendment to the Constitution receiving the largest affirmative vote shall prevail.
    Sec. 4.  Referendum —— exceptions —— procedure.  A referendum to approve a bill passed by the general assembly, other than laws necessary for the immediate preservation of the public peace, health, or safety and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions, or for the support of public schools, may be ordered by a petition signed by a number of qualified electors in each of at least three-fourths of the congressional districts in the state equal to five percent of the total votes cast in the district for governor at the general election immediately preceding the filing of the petition in which votes were cast for the office of governor. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the general assembly in which the bill that is the subject of the referendum was passed. A referendum shall be presented to the people at the general election next held after the submission of the petition to the secretary of state.
   A bill referred to the people is not subject to approval or veto by the governor and the approval or veto of a bill later referred to the people shall be void. A bill referred to the people shall take effect upon the approval of the referendum by a majority of qualified electors who cast votes thereon, regardless of any effective date stated in the bill.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed amendment to the 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 shall be published as provided by law for three months previous to the date of that election.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to citizen initiatives and referendums. The amendment creates a process to allow qualified electors to submit petitions to amend the Constitution of the State of Iowa and the Iowa Code. The amendment requires a petition to amend the Constitution to be signed by a number of qualified electors in each of at least three-fourths of the congressional districts in the state equal to 8 percent of the total votes cast in the district for governor at the preceding general election and petitions to amend the Iowa Code to be signed by a number of qualified electors in each of at least three-fourths of the congressional districts in the state equal to 5 percent of the total votes cast in the district for governor at the preceding general election. The petition must be submitted to the secretary of state not less than six months before the next general election. Initiatives shall not appropriate moneys not generated by the initiative and take effect when approved by a majority of the votes cast thereon unless a later date is provided for in the initiative. If conflicting amendments to the Constitution or laws are approved at the same election, the measure receiving a greater number of affirmative votes prevails.
   The amendment also creates a process for the referral of a bill passed by the general assembly to the people for approval. The amendment requires a petition to approve a bill passed by the general assembly to include signatures from a number of qualified electors in each of at least three-fourths of the congressional districts in the state equal to 5 percent of the total votes cast in the district for governor at the preceding general election. The petition must be submitted to the secretary of state not later than 90 days after the final adjournment of the session during which the general assembly approved the bill. A bill referred to the people is not subject to approval or veto by the governor. The initiative excludes certain types of bills from the referendum process.
   The resolution, if adopted, would be published and then referred to the next general assembly (92nd) for adoption, before being submitted to the electorate for ratification.