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Lawmakers introduce RS 32,036C1 to require initiative measures be presented to governor; debate centers on veto and two‑thirds override

2225078 · January 29, 2025
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Summary

Representative Bruce Scogg introduced RS 32,036C1, proposing that citizen initiatives be treated like legislative acts and be presented to the governor for signature or veto, with a two‑thirds electoral threshold to override a gubernatorial veto. The committee voted to introduce the RS after questioning and discussion about fiscal and procedural

Representative Bruce Scogg presented RS 32,036C1, a proposal to require that citizen initiative measures be presented to the governor for possible signature or veto in the same manner as bills passed by the legislature. Scogg said the Idaho Supreme Court recently reaffirmed that the initiative power is "coextensive" with the legislature's lawmaking power, and he argued the initiative process should include gubernatorial presentment to create parity and a potential check on initiatives that pass with a plurality of votes.

Under the proposal as explained to the committee, an initiative that receives two‑thirds of the vote at the polls would not be subject to a gubernatorial veto; initiatives that pass with less than two‑thirds could be presented to the governor, who would then sign or veto. Scogg said the approach mirrors how the legislature and governor interact and could provide a safeguard against ‘‘misinformation’’ that large out‑of‑state spending can bring to initiative campaigns.

Members asked several procedural and policy questions — whether the amendment would prevent the legislature from repealing initiatives, how other states handle gubernatorial presentment and veto power for initiatives, and how the fiscal note accounted for any additional election‑cycle costs. Scogg said that the measure would not bar the legislature from repealing initiatives and that, by design, a two‑thirds threshold would remove the governor's role for broadly supported measures. He also said the Secretary of State told him there would be no fiscal impact for administering the change. Several members asked for examples and scenario walk‑throughs; Scogg said those details were better suited for a full hearing.

Representative Scott moved to introduce RS 32,036C1; the committee voted in favor and the RS was printed for further consideration.