Indiana 2024 Regular Session

Indiana Senate Bill SJR0018 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	SJ9616
2	2	Introduced Version
3	3	SENATE JOINT
4	4	RESOLUTION No. _____
5	5	_____
6	6	DIGEST OF INTRODUCED RESOL UTION
7	7	Citations Affected: Article 4 of the Constitution of the State of
8	8	Indiana.
9	9	Synopsis: Ballot and initiative referendum. Provides that the people
10	10	of Indiana may propose and adopt amendments to the Constitution of
11	11	the State of Indiana and propose and enact statutes independent of the
12	12	general assembly through initiative. Provides that the people of Indiana
13	13	may approve or reject through referendum any statute or part of any
14	14	statute enacted by the general assembly. This proposed amendment has
15	15	not been previously agreed to by a general assembly.
16	16	Effective: This proposed amendment must be agreed to by two
17	17	consecutive general assemblies and ratified by a majority of the state's
18	18	voters voting on the question to be effective.
19	19	Taylor G
20	20	_______________________, read first time and referred to Committee on
21	21	20241623
22	22	2024 SJ 9616/DI 107 Introduced
23	23	Second Regular Session of the 123rd General Assembly (2024)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the word
29	29	NEW will appear in that style type in the introductory clause of each SECTION that adds a
30	30	new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2023 Regular Session of the General Assembly.
33	33	SENATE JOINT
34	34	RESOLUTION
35	35	A JOINT RESOLUTION proposing an amendment to Article 4 of
36	36	the Constitution of the State of Indiana concerning elections.
37	37	Be it resolved by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. The following amendment to the Constitution of the
39	39	2 State of Indiana is proposed and agreed to by this, the One Hundred
40	40	3 Twenty-Third General Assembly of the State of Indiana, and is referred
41	41	4 to the next General Assembly for reconsideration and agreement.
42	42	5 SECTION 2. ARTICLE 4, SECTION 1 OF THE CONSTITUTION
43	43	6 OF THE STATE OF INDIANA IS AMENDED TO READ AS
44	44	7 FOLLOWS: Section 1. (a) Except as otherwise provided in this
45	45	8 Constitution, the Legislative authority of the State shall be vested in
46	46	9 a General Assembly, which shall consist of a Senate and a House of
47	47	10 Representatives. The style of every law shall be: "Be it enacted by the
48	48	11 General Assembly of the State of Indiana"; and no law shall be enacted,
49	49	12 except by bill.
50	50	13 (b) The people reserve to themselves the power, independent of
51	51	2024 SJ 9616/DI 107 2
52	52	1 the General Assembly, to do the following:
53	53	2 (1) Propose statutes and amendments to the Constitution of
54	54	3 the State of Indiana.
55	55	4 (2) Adopt or reject their proposed statutes or amendments to
56	56	5 the Constitution of the State of Indiana by ballot.
57	57	6 (3) Approve or reject by ballot any statute, or section or part
58	58	7 of any statute, enacted by the General Assembly.
59	59	8 (c) The style of every statute enacted by the people shall be: "Be
60	60	9 it enacted by the People of the State of Indiana:". The style of
61	61	10 every statute enacted by the General Assembly shall be: "Be it
62	62	11 enacted by the People of the State of Indiana, through the General
63	63	12 Assembly:".
64	64	13 SECTION 3. ARTICLE 4 OF THE CONSTITUTION OF THE
65	65	14 STATE OF INDIANA IS AMENDED BY ADDING A NEW
66	66	15 SECTION TO READ AS FOLLOWS: Section 31. (a) As used in this
67	67	16 section, "measure" refers to either of the following:
68	68	17 (1) A statute.
69	69	18 (2) An amendment to the Constitution of the State of Indiana.
70	70	19 (b) The initiative is the power of the voters of Indiana to propose
71	71	20 a measure and to adopt or reject the proposed measure.
72	72	21 (c) A measure shall be submitted to the voters of Indiana if a
73	73	22 petition containing the text of the proposed measure is signed by
74	74	23 the number of Indiana voters equal to five percent (5%) of the total
75	75	24 number of votes cast for Secretary of State at the most recent
76	76	25 election for Secretary of State.
77	77	26 (d) All Indiana law not inconsistent with this section relating to
78	78	27 election petitions and elections for public questions applies to an
79	79	28 initiative.
80	80	29 SECTION 4. ARTICLE 4 OF THE CONSTITUTION OF THE
81	81	30 STATE OF INDIANA IS AMENDED BY ADDING A NEW
82	82	31 SECTION TO READ AS FOLLOWS: Section 32. (a) A referendum
83	83	32 is the power of the voters of Indiana to approve or reject statutes
84	84	33 or parts of statutes enacted by the General Assembly.
85	85	34 (b) A referendum public question shall be submitted to the
86	86	35 voters of Indiana if a petition identifying the statute or part of the
87	87	36 statute enacted by the General Assembly to be approved or
88	88	37 rejected is signed by the number of Indiana voters equal to five
89	89	38 percent (5%) of the total number of votes cast for Secretary of
90	90	39 State at the most recent election for Secretary of State.
91	91	40 (c) All Indiana law not inconsistent with this section relating to
92	92	41 election petitions and elections for public questions applies to a
93	93	42 referendum.
94	94	2024 SJ 9616/DI 107 3
95	95	1 SECTION 5. ARTICLE 4 OF THE CONSTITUTION OF THE
96	96	2 STATE OF INDIANA IS AMENDED BY ADDING A NEW
97	97	3 SECTION TO READ AS FOLLOWS: Section 33. (a) If an initiative
98	98	4 or a referendum is approved by a majority of the votes cast on the
99	99	5 initiative or referendum, the initiative or referendum takes effect,
100	100	6 subject to subsection (b), five days after the date the results of the
101	101	7 public question are certified as provided by law, unless the
102	102	8 initiative or referendum provides otherwise.
103	103	9 (b) If an initiative statute requires, either implicitly or explicitly,
104	104	10 that a government entity spend money to carry out the initiative
105	105	11 statute, the statute does not take effect until the initiative statute or
106	106	12 another statute provides a source of funding to the government
107	107	13 entities required to carry out the initiative statute.
108	108	14 (c) If a referendum petition is filed against part of a statute, the
109	109	15 remainder of the statute is not delayed from taking effect.
110	110	16 (d) If provisions of two or more initiatives or referenda
111	111	17 approved at the same election conflict, the provisions of the
112	112	18 initiative or referendum receiving the highest affirmative vote
113	113	19 prevails.
114	114	20 (e) The General Assembly may amend or repeal referendum
115	115	21 statutes.
116	116	22 (f) The General Assembly may amend or repeal an initiative
117	117	23 statute by another statute only when the other statute is approved
118	118	24 by the voters in a referendum, unless the initiative statute permits
119	119	25 amendment or repeal without the approval of the voters.
120	120	26 (g) The veto power of the governor does not extend to an
121	121	27 initiative or a referendum statute approved by the voters.
122	122	28 SECTION 6. ARTICLE 4 OF THE CONSTITUTION OF THE
123	123	29 STATE OF INDIANA IS AMENDED BY ADDING A NEW
124	124	30 SECTION TO READ AS FOLLOWS: Section 34. The General
125	125	31 Assembly shall provide by law for the exercise of initiative and
126	126	32 referendum powers by the voters of each unit of local government.
127	127	2024 SJ 9616/DI 107