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Senate
Joint
Resolution
8
-
Introduced
SENATE
JOINT
RESOLUTION
8
BY
WINCKLER
,
CELSI
,
QUIRMBACH
,
DONAHUE
,
DOTZLER
,
WAHLS
,
BLAKE
,
ZIMMER
,
PETERSEN
,
and
TRONE
GARRIOTT
SENA
TE
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.
3
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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
INITIATIVES.
6
Section
1.
Reservation
of
power
to
amend
Constitution.
The
7
people
reserve
the
power
to
propose
and
enact
or
reject
8
amendments
to
this
Constitution
by
initiative,
independent
of
9
the
general
assembly.
10
Sec.
2.
Initiative
petitions
——
signatures
required
——
form
11
and
procedure.
An
initiative
petition
proposing
an
amendment
12
to
this
Constitution
shall
be
signed
by
a
number
of
qualified
13
electors
equal
to
ten
percent
of
the
total
number
of
ballots
14
cast
for
governor
in
the
last
gubernatorial
election,
including
15
signatures
from
a
number
of
qualified
electors
from
at
least
16
one-half
of
all
counties
in
this
state
equal
to
five
percent
17
of
the
total
number
of
ballots
cast
for
governor
in
the
last
18
gubernatorial
election
in
that
county.
The
initiative
petition
19
shall
contain
the
full
text
of
the
proposed
amendment
to
this
20
Constitution,
and
shall
include
the
phrase
“Amendment
to
the
21
Constitution
of
the
State
of
Iowa
Proposed
by
Initiative
to
be
22
Submitted
Directly
to
the
Electors”
printed
at
the
top.
The
23
petition
shall
be
submitted
to
the
secretary
of
state,
who
24
shall
cause
the
initiative
to
be
submitted
to
the
electorate
25
at
the
next
general
election
occurring
at
least
one
hundred
26
twenty-five
days
after
the
submission
of
the
petition.
Except
27
as
provided
in
section
3
of
this
article,
a
constitutional
28
amendment
proposed
by
initiative
petition
takes
effect
upon
the
29
approval
of
the
amendment
by
a
majority
of
qualified
electors
30
casting
votes
thereon.
31
An
initiative
petition
proposing
an
amendment
to
this
32
Constitution
may
include
an
argument
from
the
petitioner
in
33
favor
of
the
constitutional
amendment,
which
shall
not
exceed
34
three
hundred
words.
The
general
assembly,
or
the
governor
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if
the
general
assembly
is
not
in
session,
shall
appoint
a
1
person
to
prepare
an
argument
in
opposition
to
the
proposed
2
constitutional
amendment,
which
shall
not
exceed
three
hundred
3
words.
The
proposed
constitutional
amendment,
together
with
4
any
arguments
for
or
against
the
proposed
constitutional
5
amendment,
shall
be
published
as
provided
in
article
X,
section
6
1,
of
this
Constitution
prior
to
the
election.
7
The
signatures
for
an
initiative
petition
proposing
an
8
amendment
to
this
Constitution
may
be
obtained
and
presented
9
in
separate
parts,
but
each
part
shall
contain
a
full
and
10
correct
copy
of
the
title
and
the
proposed
amendment
to
this
11
Constitution.
Each
signer
shall
include
the
signer’s
name,
the
12
date,
and
the
signer’s
address.
The
secretary
of
state
shall
13
determine
the
sufficiency
of
the
signatures
not
later
than
one
14
hundred
five
days
before
the
election.
15
The
supreme
court
shall
have
original,
exclusive
16
jurisdiction
over
all
challenges
made
to
petitions
and
17
signatures
under
this
section.
A
challenge
to
a
petition
18
or
signature
must
be
filed
not
later
than
ninety-five
days
19
before
the
election.
The
supreme
court
shall
hear
and
rule
20
on
a
challenge
made
to
a
petition
or
signature
not
later
than
21
eighty-five
days
before
the
election.
If
a
ruling
determining
22
the
petition
or
signature
to
be
insufficient
is
not
issued
at
23
least
eighty-five
days
before
the
election,
the
petition
and
24
signatures
shall
be
presumed
to
be
sufficient.
25
If
a
petition
or
signature
is
determined
to
be
insufficient,
26
ten
additional
days
shall
be
allowed
for
the
filing
of
27
additional
signatures
to
the
petition,
if
necessary.
If
28
additional
signatures
are
filed,
the
secretary
of
state
shall
29
determine
the
sufficiency
of
those
additional
signatures
not
30
later
than
sixty-five
days
before
the
election.
Any
challenge
31
to
the
additional
signatures
shall
be
filed
not
later
than
32
fifty-five
days
before
the
election.
The
court
shall
hear
and
33
rule
on
any
challenges
made
to
the
additional
signatures
not
34
later
than
forty-five
days
before
the
election.
If
a
ruling
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determining
the
additional
signatures
to
be
insufficient
is
1
not
issued
at
least
forty-five
days
before
the
election,
the
2
petition
and
signatures
shall
be
presumed
to
be
sufficient.
3
Sec.
3.
Limitations.
An
initiative
proposing
an
amendment
4
to
this
Constitution
shall
not
be
used
to
authorize
any
5
classification
of
property
for
the
purpose
of
levying
different
6
rates
of
taxation
thereon,
to
authorize
the
levy
of
any
single
7
tax
on
land
or
land
values
or
land
sites
at
a
higher
rate
or
8
by
a
different
rule
than
is
or
may
be
applied
to
improvements
9
thereon
or
to
personal
property,
to
grant
or
create
a
monopoly,
10
oligopoly,
or
cartel,
to
specify
or
determine
a
tax
rate,
or
to
11
confer
a
commercial
interest,
commercial
right,
or
commercial
12
license
to
any
person
or
nonpublic
entity
that
is
not
then
13
available
to
other
similarly
situated
persons
or
nonpublic
14
entities.
15
If
it
appears
to
the
secretary
of
state
that
an
initiative
16
proposing
an
amendment
to
this
Constitution
violates
this
17
section,
the
secretary
of
state
shall
prescribe
two
separate
18
questions
to
appear
on
the
ballot.
The
first
question
shall
19
ask
whether
the
petitioner
shall
be
authorized
to
initiate
20
a
constitutional
amendment
in
violation
of
this
section.
21
The
second
question
shall
be
whether
to
adopt
the
proposed
22
constitutional
amendment.
A
proposed
constitutional
amendment
23
in
violation
of
this
section
shall
take
effect
only
upon
the
24
approval
of
both
questions
by
a
majority
of
qualified
electors
25
who
cast
votes
thereon.
26
The
supreme
court
shall
have
original,
exclusive
27
jurisdiction
in
any
action
that
relates
to
this
section.
28
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
29
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
30
to
the
general
assembly
to
be
chosen
at
the
next
general
31
election
for
members
of
the
general
assembly,
and
shall
be
32
published
as
provided
by
law
for
three
months
previous
to
the
33
date
of
that
election.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
joint
resolution
proposes
an
amendment
to
the
3
Constitution
of
the
State
of
Iowa
relating
to
citizen
4
initiatives
to
amend
the
Constitution
of
the
State
of
Iowa.
5
The
amendment
allows
a
petitioner
who
collects
a
number
of
6
signatures
from
qualified
electors
equal
to
10
percent
of
7
the
total
number
of
ballots
cast
for
governor
in
the
last
8
gubernatorial
election,
including
signatures
from
a
number
of
9
qualified
electors
from
at
least
one-half
of
all
counties
in
10
this
state
equal
to
5
percent
of
the
total
number
of
ballots
11
cast
for
governor
in
the
last
gubernatorial
election
in
that
12
county,
to
submit
the
proposed
constitutional
amendment
to
13
the
secretary
of
state
for
submission
to
the
electorate
at
a
14
general
election.
15
The
amendment
allows
a
petitioner
to
include
with
a
proposed
16
constitutional
amendment
an
argument
of
no
more
than
300
17
words
in
support
of
a
proposed
constitutional
amendment.
The
18
amendment
requires
the
general
assembly,
or
the
governor
if
19
the
general
assembly
is
not
in
session,
to
appoint
a
person
20
to
submit
an
argument
of
no
more
than
300
words
in
opposition
21
to
the
constitutional
amendment.
The
amendment
requires
the
22
proposed
constitutional
amendment,
along
with
the
arguments
23
for
and
against
the
proposed
constitutional
amendment,
to
be
24
published
in
the
same
manner
as
a
constitutional
amendment
25
proposed
by
the
general
assembly.
26
For
proposed
constitutional
amendments
that
violate
certain
27
principles
enumerated
in
the
resolution’s
amendment,
the
28
resolution’s
amendment
requires
electors
to
both
approve
the
29
right
of
the
petitioner
to
propose
the
constitutional
amendment
30
and
to
approve
the
proposed
constitutional
amendment.
The
31
proposed
constitutional
amendment
only
takes
effect
upon
the
32
approval
of
both
questions
by
a
majority
of
qualified
electors
33
casting
votes
thereon.
34
The
amendment
grants
the
Iowa
supreme
court
original
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and
exclusive
jurisdiction
over
challenges
to
petitions
1
and
signatures
for
constitutional
amendments
proposed
by
2
initiative.
The
amendment
creates
a
timeline
for
the
challenge
3
of
petitions
and
signatures,
the
resolution
of
such
challenges,
4
and
the
curing
of
insufficient
petitions.
5
The
resolution,
if
adopted,
would
be
published
and
then
6
referred
to
the
next
general
assembly
(92nd)
for
adoption,
7
before
being
submitted
to
the
electorate
for
ratification.
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