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 9  A PROPOSITION to amend article 2 of the constitution of the state of
10    Kansas by adding a new section thereto, authorizing initiation and en-
11    actment of laws by the registered voters of the state.
12
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 2 of the constitution of the state of
20  Kansas is hereby amended by adding a new section thereto to read as
21  follows:
22    ``(section) 1a.  Initiative. (a) Notwithstanding the provisions of section 1
23  of article 2, laws may be proposed by petition of registered voters of
24  this state and enacted by the registered voters of the state as provided
25  by this section. No law shall be so proposed or enacted which dedicates
26  any revenue, makes or repeals any appropriation, relates to matters
27  concerning the courts or their jurisdiction or funding or is prohibited
28  by this constitution or the constitution of the United States. The en-
29  acting clause of any proposed law submitted to the voters pursuant to
30  this section shall be: ``Be it enacted by the People of the State of
31  Kansas:''.
32    ``(b)  Prior to being circulated for signatures, the petition, together
33  with the proposed law and proposed ballot summary, shall be submit-
34  ted to the office of the attorney general for determinations as to proper
35  form, legality and constitutionality. Such determinations shall be ren-
36  dered in writing within 30 days after submission of the petition. Any
37  person aggrieved by the determinations of the attorney general may
38  file, within 10 days after the rendering of the determinations, a pro-
39  ceeding in quo warranto with the supreme court. In determining the
40  constitutionality of the proposed law, such law shall be strictly con-
41  strued so that such proposed law may contain no more than one sub-
42  ject.
43    ``(c)  At the time the petition is submitted to the attorney general,
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 1  the proposed law shall be submitted as provided by law for an estimate
 2  of the fiscal effect of the proposed law.
 3    ``(d)  Each page of a petition initiating a proposed law shall contain
 4  the ballot summary and each separately circulated portion of the pe-
 5  tition shall contain or have attached thereto the full text of the pro-
 6  posed law. The ballot summary shall be a brief nontechnical statement
 7  expressing the intent or purpose of the proposed law and shall contain
 8  language which clearly states that a ``yes'' vote is a vote in favor of the
 9  proposition and a ``no'' vote is a vote against the proposition. The ballot
10  summary shall include the estimate of the fiscal effect of the proposed
11  law. The ballot summary shall not reflect partiality in its composition
12  or contain any argument for or against the proposed law.
13    ``(e)  The petition shall be signed by registered voters equal in num-
14  ber to not less than 5% of the total number of registered voters of the
15  state on the date of the last statewide general election. Not less than
16  60% of the valid signatures on the petition shall be equally apportioned
17  among residents of each of the senatorial districts of the state and the
18  petition shall contain valid signatures of not less than 1% of the reg-
19  istered voters of each county of the state on the date of the last state-
20  wide general election. Petitioners shall file the signed petition in the
21  office of the secretary of state not more than 180 days after final de-
22  terminations as to proper form, legality and constitutionality of the
23  petition. The filing shall be made at one time all in one group. Later
24  or successive filings of documents shall be deemed to be separate
25  petitions and not a part of any other filing. The secretary of state shall
26  have 60 days to determine if the petition contains the requisite number
27  of valid signatures.
28    ``(f)  Within one business day after a petition is filed with the sec-
29  retary of state, the secretary of state shall notify the attorney general
30  of the filing of such petition. The attorney general shall determine
31  whether the law proposed by the petition conflicts with any law pro-
32  posed by an earlier filed petition for submission to the voters at the
33  same election. If the attorney general determines that there is a con-
34  flict, the petition shall be invalid. Such determination shall be rendered
35  in writing within 20 days after the filing of the petition. Any person
36  aggrieved by the determination of the attorney general may file, within
37  10 days after the rendering of the determination, a proceeding in quo
38  warranto with the supreme court. The supreme court shall render a
39  decision in the case not later than 30 days after the proceeding is filed.
40    ``(g)  If a petition is not invalid due to a conflict with a law proposed
41  by an earlier filed petition and the secretary of state determines that
42  the petition contains the requisite number of valid signatures, the sec-
43  retary of state shall cause the ballot summary to be submitted to the
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 1  registered voters of the state at the next general election for state
 2  representatives held not less than 180 days after the petition is filed,
 3  except that no more than three proposed laws shall be submitted under
 4  the authority of this section at any one election. If more than three
 5  valid petitions are filed within the time prescribed by this section, the
 6  laws proposed by the first three valid petitions filed in the office of the
 7  secretary of state shall be submitted at the election and the remaining
 8  petitions shall be deemed null and void.
 9    ``Publication and submission of the proposed law shall be in the
10  manner prescribed by law for propositions to amend the constitution
11  and the proposed law shall be submitted by the ballot summary. The
12  secretary of state shall cause a copy of the full text of the proposed law
13  to be filed in the office of the county election officer of each county.
14    ``(h)  If a majority of the registered voters voting on a proposed law
15  vote for the law, the law shall take effect on the first day of July fol-
16  lowing enactment of the law, after certification by the state board of
17  canvassers, unless a later date is prescribed within the law itself. If a
18  law approved by the registered voters through initiative is in conflict
19  with preexisting law, the preexisting law shall be effectively amended
20  or repealed.
21    ``If less than a majority of the registered voters voting on a proposed
22  law vote for the proposed law, the proposed law shall have no force or
23  effect and shall not be again proposed by initiative within four years
24  following the date of rejection unless proposed by a petition signed by
25  registered voters equal in number to 25% of the total vote cast for the
26  office of governor at the last election for such office.
27    ``(i)  Laws enacted pursuant to this section shall not require the
28  signature of nor be subject to veto by the governor. The legislature
29  shall retain the power to amend or repeal any law enacted pursuant to
30  this section but any amendment or repeal enacted on or before the
31  40th day of the next regular legislative session following the approval
32  of the law by the registered voters shall require the affirmative vote of
33  not less than two-thirds of the members then elected (or appointed)
34  and qualified in each house.
35    ``(j)  The provisions of this section shall be self-executing, but leg-
36  islation may be enacted to facilitate its implementation. The legislature
37  shall provide for reporting of expenditures and contributions made to
38  support or oppose proposed laws submitted to the registered voters
39  pursuant to this section.''
40    Sec. 2.  The following statement shall be printed on the ballot with
41  the amendment as a whole:
42    ``Explanatory statement. This amendment would authorize the reg-
43  istered voters of the state to propose and enact laws independent of
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 1  the legislature.
 2    ``A vote for the proposition would favor granting to the registered
 3  voters the right to propose and enact laws independent of the legis-
 4  lature.
 5    ``A vote against the proposition would retain the power to propose
 6  and enact laws in the state legislature without the right of initiative in
 7  the registered voters.''
 8    Sec. 3.  This resolution, if approved by two-thirds of the members
 9  elected (or appointed) and qualified to the house of representatives and
10  two-thirds of the members elected (or appointed) and qualified to the
11  senate, shall be entered on the journals, together with the yeas and nays.
12  The secretary of state shall cause this resolution to be published as pro-
13  vided by law and shall cause the proposed amendment to be submitted
14  to the electors of the state at a special election, which is hereby called for
15  that purpose, to be held at the time of the general election in November,
16  1998, pursuant to section 1 of article 14 of the constitution of the state
17  of Kansas.