Print Friendly HOUSE JOINT RESOLUTION NO. 4 – Legislature, bills, refer to voters
HOUSE JOINT RESOLUTION NO. 4
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN 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: "Be i I t e
23 E 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 , and An 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
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
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
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.
The cost to put this issue on the Ballot is estimated by the Office of the Secretary of State to be
CONTACT: Rep. Jim Kempton
STATEMENT OF PURPOSE/ FISCAL NOTE