House Joint Resolution 5 - Introduced 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 1 of the State of Iowa relating to citizen initiatives to 2 amend the Constitution of the State of Iowa and the Iowa 3 Code and referendums to approve certain bills passed by the 4 general assembly. 5 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1145YH (5) 91 ss/ns
H.J.R. 5 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 The Constitution of the State of Iowa is amended by adding 3 the following new sections to a new article: 4 ARTICLE ___. 5 INITIATIVE AND REFERENDUM. 6 Section 1. Reservation of power to enact and reject 7 laws. The people reserve the power to propose and enact or 8 reject laws and amendments to this Constitution by initiative, 9 independent of the general assembly, and also reserve the power 10 to approve or reject by referendum any Act of the general 11 assembly, except as otherwise provided in this article. 12 Sec. 2. Initiative petitions signatures required form 13 and procedure. An initiative petition proposing an amendment 14 to this Constitution shall be signed by a number of qualified 15 electors in each of at least three-fourths of the congressional 16 districts in the state equal to eight percent of the total 17 votes cast in the district for governor at the general election 18 immediately preceding the filing of the petition in which votes 19 were cast for the office of governor. The petition shall be 20 submitted to the secretary of state not less than six months 21 before the next general election. An initiative petition 22 proposing an amendment to the Constitution shall not contain 23 more than one amended article of the Constitution, or one new 24 article which shall not contain more than one subject and 25 matters properly related. An initiative petition proposing 26 an amendment to the Constitution shall include the resolving 27 clause Be it resolved by the people of the state of Iowa:. 28 An initiative petition proposing a law shall be signed by a 29 number of qualified electors in each of at least three-fourths 30 of the congressional districts in the state equal to five 31 percent of the total votes cast in the district for governor at 32 the general election immediately preceding the filing of the 33 petition in which votes were cast for the office of governor. 34 The petition shall be submitted to the secretary of state not 35 -1- LSB 1145YH (5) 91 ss/ns 1/ 4
H.J.R. 5 less than six months before the next general election. An 1 initiative petition proposing a law shall not contain more than 2 one subject which shall be clearly expressed in the title. An 3 initiative petition proposing a law shall include the enacting 4 clause Be it enacted by the people of the state of Iowa:. 5 Sec. 3. Appropriations by initiative effective date of 6 initiated laws conflicting laws concurrently adopted. An 7 initiative shall not appropriate any moneys other than new 8 revenues created and provided for in the initiative. Except as 9 otherwise provided in this Constitution, a law or amendment to 10 the Constitution proposed by an initiative takes effect when 11 approved by a majority of the votes cast thereon, unless a 12 later date is specified in the initiative. When conflicting 13 laws or amendments to the Constitution are approved at the same 14 election, the law or amendment to the Constitution receiving 15 the largest affirmative vote shall prevail. 16 Sec. 4. Referendum exceptions procedure. A referendum 17 to approve a bill passed by the general assembly, other than 18 laws necessary for the immediate preservation of the public 19 peace, health, or safety and laws making appropriations for the 20 current expenses of the state government, for the maintenance 21 of state institutions, or for the support of public schools, 22 may be ordered by a petition signed by a number of qualified 23 electors in each of at least three-fourths of the congressional 24 districts in the state equal to five percent of the total votes 25 cast in the district for governor at the general election 26 immediately preceding the filing of the petition in which votes 27 were cast for the office of governor. Referendum petitions 28 shall be filed with the secretary of state not more than 29 ninety days after the final adjournment of the session of the 30 general assembly in which the bill that is the subject of the 31 referendum was passed. A referendum shall be presented to the 32 people at the general election next held after the submission 33 of the petition to the secretary of state. 34 A bill referred to the people is not subject to approval or 35 -2- LSB 1145YH (5) 91 ss/ns 2/ 4
H.J.R. 5 veto by the governor and the approval or veto of a bill later 1 referred to the people shall be void. A bill referred to the 2 people shall take effect upon the approval of the referendum 3 by a majority of qualified electors who cast votes thereon, 4 regardless of any effective date stated in the bill. 5 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 6 amendment to the Constitution of the State of Iowa is referred 7 to the general assembly to be chosen at the next general 8 election for members of the general assembly, and shall be 9 published as provided by law for three months previous to the 10 date of that election. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanations substance by the members of the general assembly. 14 This joint resolution proposes an amendment to the 15 Constitution of the State of Iowa relating to citizen 16 initiatives and referendums. The amendment creates a process 17 to allow qualified electors to submit petitions to amend the 18 Constitution of the State of Iowa and the Iowa Code. The 19 amendment requires a petition to amend the Constitution to be 20 signed by a number of qualified electors in each of at least 21 three-fourths of the congressional districts in the state 22 equal to 8 percent of the total votes cast in the district 23 for governor at the preceding general election and petitions 24 to amend the Iowa Code to be signed by a number of qualified 25 electors in each of at least three-fourths of the congressional 26 districts in the state equal to 5 percent of the total votes 27 cast in the district for governor at the preceding general 28 election. The petition must be submitted to the secretary 29 of state not less than six months before the next general 30 election. Initiatives shall not appropriate moneys not 31 generated by the initiative and take effect when approved by 32 a majority of the votes cast thereon unless a later date is 33 provided for in the initiative. If conflicting amendments to 34 the Constitution or laws are approved at the same election, 35 -3- LSB 1145YH (5) 91 ss/ns 3/ 4
H.J.R. 5 the measure receiving a greater number of affirmative votes 1 prevails. 2 The amendment also creates a process for the referral of a 3 bill passed by the general assembly to the people for approval. 4 The amendment requires a petition to approve a bill passed 5 by the general assembly to include signatures from a number 6 of qualified electors in each of at least three-fourths of 7 the congressional districts in the state equal to 5 percent 8 of the total votes cast in the district for governor at the 9 preceding general election. The petition must be submitted to 10 the secretary of state not later than 90 days after the final 11 adjournment of the session during which the general assembly 12 approved the bill. A bill referred to the people is not 13 subject to approval or veto by the governor. The initiative 14 excludes certain types of bills from the referendum process. 15 The resolution, if adopted, would be published and then 16 referred to the next general assembly (92nd) for adoption, 17 before being submitted to the electorate for ratification. 18 -4- LSB 1145YH (5) 91 ss/ns 4/ 4