Session of 1997
House Concurrent Resolution No. 5018
By Committee on Federal and State Affairs
9 A PROPOSITION to amend article 14 of the constitution of the state of
10 Kansas by adding a new section thereto, relating to amendment of the
11 constitution by propositions initiated by registered voters of the state.
13 Be it resolved by the Legislature of the State of Kansas, two-thirds of the
14 members elected (or appointed) and qualified to the House of Repre-
15 sentatives and two-thirds of the members elected (or appointed) and
16 qualified to the Senate concurring therein:
17 Section 1. The following proposition to amend the constitution of the
18 state of Kansas shall be submitted to the qualified electors of the state
19 for their approval or rejection: Article 14 of the constitution of the state
20 of Kansas is amended by adding a new section 3 thereto to read as follows:
21 ``(section) 3. Initiative of voters. Propositions for the amendment of this
22 constitution may be initiated by petition of registered voters of this
23 state and submitted to the registered voters of the state for their ap-
24 proval or rejection as provided by this section. Such propositions may
25 amend one or more sections within a single article of the constitution
26 as may be necessary to accomplish the objective of the amendment.
27 Each proposition must relate to one subject. No amendment to the
28 constitution shall be initiated or adopted pursuant to this section which
29 dedicates any revenue; makes or repeals any appropriation; relates to
30 matters concerning the courts or their jurisdiction or funding; en-
31 croaches on any right guaranteed by the bill of rights of this consti-
32 tution or of the constitution of the United States or is prohibited by
33 the constitution of the United States; amends provisions regarding en-
34 actment of laws, initiation of laws by the voters or submission of laws
35 to the voters for approval; amends provisions regarding adoption of
36 state constitutional amendments, initiation of state constitutional
37 amendments by the voters or submission of state constitutional amend-
38 ments to the voters for approval; or reapportions or amends proce-
39 dures for reapportionment of legislative, congressional, judicial or state
40 board of education districts.
41 ``Prior to being circulated for signatures, a petition initiating a prop-
42 osition to amend the constitution shall be submitted to the office of
43 the attorney general for determinations as to proper form, legality and
1 constitutionality of the proposed amendment. Such determinations
2 shall be rendered in writing within 21 days after submission of the
3 petition. Any person aggrieved by the determinations of the attorney
4 general may file, within 10 days after the rendering of the determi-
5 nations, a proceeding in quo warranto with the supreme court.
6 ``Each separately circulated portion of the petition shall contain or
7 have attached thereto the full text of the proposed amendment to the
8 constitution. The petition shall be signed by registered voters of the
9 state equal in number to not less than 8% of the total number of
10 registered voters of the state on the date of the last statewide general
11 election. Not less than 80% of the valid signatures on the petition shall
12 be equally apportioned among residents of each of the senatorial dis-
13 tricts of the state and the petition shall contain valid signatures of not
14 less than 1% of the registered voters of each county of the state on the
15 date of the last statewide general election. Petitioners shall file the
16 signed petition in the office of the secretary of state not more than
17 180 days after final determinations as to proper form, legality and con-
18 stitutionality of the petition. The filing shall be made at one time all
19 in one group. Later or successive filings shall be deemed to be separate
20 petitions and not a part of any other filing. The secretary of state shall
21 have 60 days to determine if the petition contains the requisite number
22 of valid signatures.
23 ``Within one business day after a petition is filed with the secretary
24 of state, the secretary of state shall notify the attorney general of the
25 filing of such petition. The attorney general shall determine whether
26 the amendment proposed by the petition conflicts with any amend-
27 ment proposed by an earlier filed petition for submission to the voters
28 at the same election. If the attorney general determines that there is
29 a conflict, the petition shall be invalid. Such determination shall be
30 rendered in writing within 20 days after the filing of the petition. Any
31 person aggrieved by the determination of the attorney general may
32 file, within 10 days after the rendering of the determination, a pro-
33 ceeding in quo warranto with the supreme court. The supreme court
34 shall render a decision in the case not later than 30 days after the
35 proceeding is filed.
36 ``If a petition is not invalid due to a conflict with an amendment
37 proposed by an earlier filed petition and the secretary of state deter-
38 mines that the petition contains the requisite number of valid signa-
39 tures, the secretary of state shall cause the proposed amendment to
40 be submitted to the registered voters of the state at the next statewide
41 general election held not less than 180 days after the petition is filed,
42 except that not more than three proposed amendments shall be sub-
43 mitted under the authority of this section at any one election. If more
1 than three valid petitions are filed within the time prescribed by this
2 section, the amendments proposed by the first three valid petitions
3 filed in the office of the secretary of state shall be submitted at the
4 election and the remaining petitions shall be deemed null and void.
5 Publication and submission of the proposed amendment shall be in
6 the manner provided by law for other propositions to amend the con-
7 stitution and the proposed amendment shall be submitted by the
8 amendment as a whole.
9 ``If two-thirds or more of the registered voters voting on the pro-
10 posed amendment vote for such, the amendment secretary of state
11 shall file the proposed amendment with the clerk of the house of rep-
12 resentatives on or before the next December 31 following the election.
13 Upon the commencement of the first regular legislative session follow-
14 ing the election, the speaker of the house of representatives and the
15 president of the senate shall promptly cause the proposed amendment
16 to be submitted by resolution to the respective houses of the legislature
17 for its approval. Such resolution shall be referred to committee, receive
18 a hearing, and be reported either favorably, without amendment, or
19 unfavorably and shall be voted on by the respective house. If a majority
20 of all the members elected (or appointed) and qualified of each house
21 shall approve such resolution, the amendment shall become a part of
22 the constitution. If more than one-third of the registered voters voting
23 on the proposed amendment vote against the amendment, the pro-
24 posed amendment shall not again be submitted to the registered voters
25 of the state within four years following the date of rejection.
26 ``The provisions of this section shall be self-executing, but legislation
27 may be enacted to facilitate its implementation. The legislature shall
28 provide for reporting of expenditures and contributions made to sup-
29 port or oppose proposed amendments submitted to the registered vot-
30 ers pursuant to this section.''
31 Sec. 2. The following statement shall be printed on the ballot with
32 the amendment as a whole:
33 ``Explanatory statement. The purpose of this amendment is to au-
34 thorize proposals for amendment of this constitution to be originated
35 by petition of registered voters of the state.
36 ``A vote for this amendment favors permitting the origination of
37 constitutional amendments by petition of registered voters.
38 ``A vote against this amendment favors the present system of per-
39 mitting origination of constitutional amendments only by the legisla-
40 ture through concurrent resolution or constitutional convention.''
41 Sec. 3. This resolution, if approved by two-thirds of the members
42 elected (or appointed) and qualified to the house of representatives and
43 two-thirds of the members elected (or appointed) and qualified to the
1 senate, shall be entered on the journals, together with the yeas and nays.
2 The secretary of state shall cause this resolution to be published as pro-
3 vided by law and shall cause the proposed amendment to be submitted
4 to the electors of the state at a special election, which is hereby called for
5 that purpose, to be held at the time of the general election in November,
6 1998, pursuant to section 1 of article 14 of the constitution of the state
7 of Kansas.