(HB 1071)
Initiated measure title provisions revised.
Section
1.
That
§
2-1-6.2
be amended to read as follows:
2-1-6.2.
The full text of any initiative petition, referred law petition, or initiated constitutional
amendment petition, the date of the general election at which the initiated law or initiated
constitutional amendment is to be submitted,
a short title that will be used by the petition sponsors
during the circulation process,
and the names and addresses of the petition sponsors shall be filed
with the secretary of state prior to circulation for signatures. The signer's post office box number
may be given in lieu of a street address if the signer lives within a municipality of the second or
third class. The form of the petitions shall be prescribed by the State Board of Elections. For any
initiated constitutional amendment petition, no signatures may be obtained more than twenty-four
months preceding the general election that was designated at the time of filing of the full text. For
any initiative petition, no signatures may be obtained more than nineteen months preceding the
general election that was designated at the time of filing of the full text. An initiative petition and
an initiated constitutional amendment petition shall be filed with the secretary of state by the date
set forth in § 2-1-2 or 2-1-2.1, as applicable. All sections of any petition filed under this chapter
shall be filed with the secretary of state simultaneously together with a sworn affidavit on forms
promulgated by the State Board of Elections, signed by two-thirds of the sponsors stating that the
documents filed constitute the entire petition and to the best of their knowledge contain a sufficient
number of signatures.
Section
2.
That
§
12-13-9
be amended to read as follows:
12-13-9.
Before the third Tuesday in May, the attorney general shall deliver to the secretary of
state an attorney general's statement for each proposed amendment to the Constitution and each
initiated measure. The attorney general's statement for each referred measure shall be delivered to
the secretary of state before the second Tuesday in July. The attorney general's statement shall
be
written by the attorney general and shall
consist of
the
a
title,
the
an
explanation, and a clear and
simple recitation of the effect of a "Yes" or "No" vote.
The title shall be a concise statement of the
subject of the proposed amendment, initiated measure, or referred measure authored by the
attorney general, who may adopt the title used by the petition sponsors during the circulation
process if that title is legally sufficient.
The explanation shall be an objective, clear and simple
summary to educate the voters of the purpose and effect of the proposed amendment to the
Constitution, the initiated measure, or the referred law. The attorney general shall include a
description of the legal consequences of the proposed amendment, the initiated measure, or the
referred law, including the likely exposure of the state to liability if the proposed amendment, the
initiated measure, or the referred law is adopted. The explanation may not exceed two hundred
words in length. On the printed ballots, the title shall be followed by the explanation and the
explanation shall be followed by the recitation.
Section
3.
That
§
12-13-25
be amended to read as follows:
12-13-25.
The
proponents
sponsors
of each initiative or initiated amendment to the
Constitution shall submit a copy of the initiative or initiated amendment to the Constitution to the
director of the Legislative Research Council for review and comment before it may be circulated
for signatures. The director shall review each submitted initiative or initiated amendment to the
Constitution to determine if the requirements of § 12-13-24 are satisfied. Within fifteen days of
receipt of an initiative or initiated amendment to the Constitution, the director shall provide written
comments on the initiative or initiated amendment to the Constitution to the
proponents
sponsors
of the initiative or initiated amendment and the secretary of state
for the purpose of assisting the
sponsors in complying with
§
12-13-24. The sponsors may, but are not required to, amend the
initiative or initiated amendment to the Constitution to comply with the director's comments
.