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HJR004.....................................................by STATE AFFAIRS LEGISLATURE -Proposes an amendment to the Constitution of the State of Idaho to clarify that the Legislature may refer enacted legislation to the ballot for ratification or rejection by the voters. 01/22 House intro - 1st rdg - to printing 01/23 Rpt prt - to St Aff
HJR004|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT RESOLUTION NO. 4 BY STATE AFFAIRS COMMITTEE 1 A JOINT RESOLUTION 2 PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE III, OF THE CONSTITUTION OF THE 3 STATE OF IDAHO, RELATING LEGISLATIVE POWER TO PROVIDE THAT THE PEOPLE 4 RESERVE TO THEMSELVES THE POWER TO APPROVE OR REJECT AT THE POLLS ANY ACT 5 OR MEASURE PASSED BY THE LEGISLATURE, INCLUDING ANY SUCH ACT OR MEASURE 6 INITIATED AND PASSED BY THE LEGISLATURE FOR THE EXPRESS PURPOSE OF PLACING 7 AN ISSUE OF STATE BEFORE THE PEOPLE, TO PROVIDE THAT THIS POWER IS KNOWN 8 AS THE REFERENDUM, TO PROVIDE THAT AN ACT OR MEASURE INITIATED AND PASSED 9 BY THE LEGISLATURE FOR THE EXPRESS PURPOSE OF PLACING AN ISSUE OF STATE 10 BEFORE THE PEOPLE IS KNOWN AS A LEGISLATIVE REFERENDUM AND TO PROVIDE IF A 11 LEGISLATIVE REFERENDUM IS REFERRED TO THE PEOPLE, IT SHALL BE SUBMITTED TO 12 A VOTE OF THE PEOPLE FOR THEIR APPROVAL OR REJECTION; STATING THE QUESTION 13 TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO 14 PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF 15 STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. 16 Be It Resolved by the Legislature of the State of Idaho: 17 SECTION 1. That Section 1, Article III, of the Constitution of the State 18 of Idaho be amended to read as follows: 19 SECTION 1. LEGISLATIVE POWER -- ENACTING CLAUSE -- REFERENDUM 20 -- INITIATIVE. The legislative power of the state shall be vested in 21 a senate and house of representatives. The enacting clause of every 22 bill shall be as follows: "BeiI te23E nacted by the Legislature of the State of Idaho." 24 The people reserve to themselves the power to approve or reject 25 at the polls any act or measure passed by the legislature , 26 including any such act or measure initiated and passed by the legis- 27 lature for the express purpose of placing an issue of state before 28 the people . This power is known as the referendum . 29, andAn act or measure initiated and passed 30 by the legislature for the express purpose of placing an issue of 31 state before the people is known as a legislative referendum. If a 32 legislative referendum is referred to the people, it shall be submit- 33 ted to a vote of the people for their approval or rejection. For any 34 referendum other than a legislative referendum, legal voters 35 may, under such conditions and in such manner as may be provided by 36 acts of the legislature, demand a referendum vote on any act or mea- 37 sure passed by the legislature and cause the same to be submitted to 38 a vote of the people for their approval or rejection. 39 The people reserve to themselves the power to propose laws, and 40 enact the same at the polls independent of the legislature. This 41 power is known as the initiative, and legal voters may, under such 42 conditions and in such manner as may be provided by acts of the leg- 43 islature, initiate any desired legislation and cause the same to be 2 1 submitted to the vote of the people at a general election for their 2 approval or rejection. 3 SECTION 2. The question to be submitted to the electors of the State of 4 Idaho at the next general election shall be as follows: 5 "Shall Section 1, Article III, of the Constitution of the State of Idaho 6 be amended to provide that the people reserve to themselves the power to 7 approve or reject at the polls any act or measure passed by the Legislature, 8 including any such act or measure initiated and passed by the Legislature for 9 the express purpose of placing an issue of state before the people, to provide 10 that an act or measure initiated and passed by the Legislature for the express 11 purpose of placing an issue of state before the people is known as a legisla- 12 tive referendum and to provide if a legislative referendum is referred to the 13 people, it shall be submitted to a vote of the people for their approval or 14 rejection?". 15 SECTION 3. The Legislative Council is directed to prepare the statements 16 required by Section 67-453, Idaho Code, and file the same. 17 SECTION 4. The Secretary of State is hereby directed to publish this pro- 18 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 07518
This proposed change to the Idaho Constitution gives the Idaho legislature referendum authority.
There is an Attorney General's advisory letter of March 3, 1997 which concludes that existing
language in the Idaho Constitution does not extend this authority to the legislature.
FISCAL NOTE
The cost to put this issue on the Ballot is estimated by the Office of the Secretary of State to be
approximately $30,000.
CONTACT: Rep. Jim Kempton
332-1146
STATEMENT OF PURPOSE/ FISCAL NOTE
HJR 4