<BillNo> <Sponsor>
SENATE JOINT RESOLUTION 40
By Yarbro
SJR0040
000304
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A RESOLUTION to propose an amendment to the Constitution of
Tennessee, to provide for the people to propose
laws by initiative.
BE IT RESOLVED BY THE SENATE OF THE ONE HUNDRED FOURTEENTH GENERAL
ASSEMBLY OF THE STATE OF TENNESSEE, THE HOUSE OF REPRESENTATIVES
CONCURRING, that a majority of all the members of each house concurring, as shown by the
yeas and nays entered on their journals, that it is proposed that the Constitution of Tennessee
be amended by adding the following new Article:
Article XII.
Section 1. The people reserve power to propose laws by initiative, independent
of the general assembly.
Section 2. Initiative petitions proposing laws shall be signed by a number of
registered voters equal to or greater than five percent (5%) of votes cast in the state for
the office of governor at the last preceding gubernatorial election. Every such petition
shall be filed with the secretary of state not less than six (6) months before the election
at which it is to be voted upon and shall contain the full text of the law. Petitions for laws
shall contain not more than one (1) subject which shall be expressed clearly in the title.
The secretary of state shall certify the validity of the petition within sixty (60) days of
receipt.
Section 3. Initiatives may only be placed on the ballot in an election held on the
first Tuesday after the first Monday in November in an even-numbered year.
Section 4. Any proposed law by initiative that receives approval from a majority
of those voting on the proposed law shall be submitted to the general assembly. The
general assembly shall, within ninety (90) days of convening in regular annual session
after the initiative has received approval from a majority of those voting, either approve
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the law by a majority of those voting in each chamber, reject the proposed law by a
majority of those voting in each chamber, or take no action. If the general assembly
approves the law or takes no action, the proposed law shall be considered enacted and
shall take effect the first day of July after the approval or inaction. If the general
assembly rejects the law, it shall not take effect.
Section 5. Any law proposed by initiative that fails to receive approval from a
majority of those voting shall not appear on the ballot as an initiative again for at least
four (4) years. Any law proposed by initiative that is rejected by the general assembly
shall not appear on the ballot as an initiative again for at least two (2) years.
BE IT FURTHER RESOLVED, that the foregoing be referred to the One Hundred
Fifteenth General Assembly and that this resolution proposing such amendment be published in
accordance with Article XI, Section 3 of the Constitution of Tennessee.
BE IT FURTHER RESOLVED, that the Clerk of the Senate is directed to deliver a copy
of this resolution to the Secretary of State.