Print Friendly SENATE JOINT RESOLUTION NO. 101 – Initiative, repeal, process
SENATE JOINT RESOLUTION NO. 101
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INITIATIVES - Proposing an amendment to the Constitution of the State of
Idaho to provide that no initiative of the people enacted into law shall be
subject to repeal in its entirety by the Legislature, at any time, without
its submission to the electorate at the general election in an
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE JOINT RESOLUTION NO. 101
1 A JOINT RESOLUTION
2 PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE III, OF THE CONSTITUTION OF THE
3 STATE OF IDAHO, RELATING TO INITIATIVES TO PROVIDE THAT NO INITIATIVE OF
4 THE PEOPLE ENACTED INTO LAW SHALL BE SUBJECT TO REPEAL IN ITS ENTIRETY BY
5 THE LEGISLATURE, AT ANY TIME, WITHOUT ITS SUBMISSION TO THE ELECTORATE AT
6 THE GENERAL ELECTION IN AN EVEN-NUMBERED YEAR IN A MANNER AS PROVIDED BY
7 LAW; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE
8 LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECT-
9 ING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS
10 REQUIRED BY LAW.
11 Be It Resolved by the Legislature of the State of Idaho:
12 SECTION 1. That Section 1, Article III, of the Constitution of the State
13 of Idaho be amended to read as follows:
14 SECTION 1. LEGISLATIVE POWER -- ENACTING CLAUSE -- REFERENDUM
15 -- INITIATIVE. The legislative power of the state shall be vested in
16 a senate and house of representatives. The enacting clause of every
17 bill shall be as follows: "Be it enacted by the Legislature of the
18 State of Idaho."
19 The people reserve to themselves the power to approve or reject
20 at the polls any act or measure passed by the legislature. This power
21 is known as the referendum, and legal voters may, under such condi-
22 tions and in such manner as may be provided by acts of the legisla-
23 ture, demand a referendum vote on any act or measure passed by the
24 legislature and cause the same to be submitted to a vote of the peo-
25 ple for their approval or rejection.
26 The people reserve to themselves the power to propose laws, and
27 enact the same at the polls independent of the legislature. This
28 power is known as the initiative, and legal voters may, under such
29 conditions and in such manner as may be provided by acts of the leg-
30 islature, initiate any desired legislation and cause the same to be
31 submitted to the vote of the people at a general election for their
32 approval or rejection. Provided that no initiative of the people
33 enacted into law shall be subject to repeal in its entirety by the
34 legislature, at any time, without its submission to the electorate at
35 the general election in an even-numbered year in a manner as provided
36 by law.
37 SECTION 2. The question to be submitted to the electors of the State of
38 Idaho at the next general election shall be as follows:
39 "Shall Section 1, Article III, of the Constitution of the State of Idaho
40 be amended to provide that no initiative of the people enacted into law shall
41 be subject to repeal in its entirety by the Legislature, at any time, without
42 its submission to the electorate at the general election in an even-numbered
1 year in a manner as provided by law?".
2 SECTION 3. The Legislative Council is directed to prepare the statements
3 required by Section 67-453, Idaho Code, and file the same.
4 SECTION 4. The Secretary of State is hereby directed to publish this pro-
5 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
This constitutional amendment provides the people of the State of
Idaho with the ultimate authority regarding the repeal of a
statute created through the initiative process. Should the
legislature act to repeal, in its entirety, a statute created
through the initiative process, this amendment provides that the
repeal will be placed on the ballot in the next general election
for approval by the people.
The cost to provide the required legal notice of a constitutional
amendment is approximately $50,000.
Name: Senator Elliot Werk
STATEMENT OF PURPOSE/FISCAL NOTE SJR 101