Bill Text: CA ACA13 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Initiatives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-08-30 - To inactive file on motion of Assembly Member Hernandez. [ACA13 Detail]

Download: California-2009-ACA13-Amended.html

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BILL NUMBER: ACA 13	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 16, 2009

INTRODUCED BY   Assembly Member Hernandez

                        FEBRUARY 27, 2009

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 8
of Article II thereof, relating to initiatives.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 13, as amended, Hernandez. Initiatives.
   The California Constitution provides voters, through the
initiative, the power to propose statutes and constitutional
amendments and to adopt or reject them. An initiative measure may be
proposed by presenting the Secretary of State a certified petition
signed by electors equal in number to 5% in the case of a proposed
statute, and 8% in the case of a proposed constitutional amendment,
of the votes for all candidates for Governor at the last
gubernatorial election. The Secretary of State is required to submit
an initiative measure at the next general election held at least 131
days after it qualifies or at a special statewide election held prior
to that general election.
   This measure would require the Secretary of State  , upon
being presented with a petition for an initiative measure,  to
 immediately  transmit  each certified 
 the  initiative measure to the Legislature. Upon
transmittal to the Legislature, the initiative measure would be
assigned to the Joint Legislative Budget Committee 
 appropriate committees of each house  for analysis and
public hearings and, by concurrent resolution, the Legislature could
amend the initiative measure in a manner consistent with the intent
of the measure. The measure would provide that an initiative measure
could be returned to the Secretary of State for placement on the
ballot pursuant to the Legislature's adoption of a concurrent
resolution by a majority vote in each house in the case of a statute,
or a 2/3 vote in each house in the case of a constitutional
amendment. 
   This measure would also provide that an initiative measure that
only proposes a statute may be introduced as a bill and, if it is
enacted and the proponent of the initiative measure accepts any
amendments by the Legislature, the initiative measure would not be
submitted to the voters. 
   This measure would require, if the Legislature returns the
initiative measure to the Secretary of State  by an
unspecified deadline   within 30 legislative session
days, as defined, and if the initiative measure is certified to have
been signed by the requisite number of electors  , that the 
initiative  measure, including any proposed amendment  by
the Legislature  , be submitted at  a subsequent
statewide   the next general  election 
held prior to that general election that is at least 131
days after the date the  initiative  measure is returned
or at any special statewide election held prior to that general
election  .
   This measure would provide, alternatively, if the Legislature does
not return the initiative measure by that deadline, that the
Secretary of State place the  initiative  measure on the
ballot only if the initiative measure is certified, after the
deadline, to have been signed by electors equal in number to 10% in
the case of a proposed statute, and 16% in the case of a proposed
constitutional amendment, of the votes for all candidates for
Governor at the last gubernatorial election. The measure would
specify that an opportunity be provided after that deadline, as
specified by statute, for the gathering of additional signatures for
this purpose.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended as follows:
    That Section 8 of Article II thereof is amended to read:
      SEC. 8.  (a) The initiative is the power of the electors to
propose statutes and amendments to the Constitution and to adopt or
reject them.
   (b) An initiative measure may be proposed by presenting to the
Secretary of State a petition that sets forth the text of the
proposed statute or amendment to the Constitution and is certified to
have been signed by electors equal in number to 5 percent in the
case of a statute, and 8 percent in the case of an amendment to the
Constitution, of the votes for all candidates for Governor at the
last gubernatorial election.
   (c) Upon  certification of an initiative measure 
 presentation of a petition to the Secretary of State 
pursuant to subdivision (b), the Secretary of State  immediately
 shall transmit the  initiative  measure to the
Legislature  prior to certification of the signatures of electors
 . The measure shall be assigned to the  Joint
Legislative Budget Committee for analysis and public hearings.
  appropriate committees in the Senate and  
Assembly for analysis. Within 20 legislative session days after
transmittal of the measure to the Legislature, the appropriate
committees of the Senate and Assembly shall commence joint public
hearings on the subject of the measure.  The Legislature  at
any time  may, by concurrent resolution, amend the measure in a
manner consistent with the intent of the measure. If the measure
 only  proposes a statute  only  , it
 shall   may  be returned to the Secretary
of State  pursuant to subdivision (e)  only by a concurrent
resolution adopted by the Legislature, a majority of the membership
of each house concurring. If the measure proposes an amendment to the
Constitution, it  shall   may  be returned
to the Secretary of State only by a concurrent resolution adopted by
the Legislature, two-thirds of the membership of each house
concurring. 
   (d) An initiative measure transmitted to the Legislature pursuant
to subdivision (c) that only proposes a statute may be introduced in
the Legislature as a bill. If the bill is enacted as a statute and
the proponent of the initiative measure accepts any amendments of the
Legislature, and so informs the Secretary of State, the initiative
measure shall not be submitted to the electors.  
   (d) 
    (e)  If the Legislature returns the initiative measure
to the Secretary of State within  ____   30
legislative session  days after the measure is transmitted to
the Legislature,  and the measure is certified to have been
signed by the requisite number of electors pursuant to subdivision
(b),  the Secretary of State shall submit the measure, including
any proposed amendment, at the next general election held at least
131 days after it is returned to the Secretary of State or at any
special statewide election held prior to that general election. The
Governor may call a special statewide election for the measure.

   (e) 
    (f)  If the Legislature does not return the initiative
measure to the Secretary of State within  ____ 
30 legislative session  days after the measure is transmitted to
the Legislature, the Secretary of State shall submit the measure to
the electors only if the measure is certified, on or after that
deadline, to have been signed by electors equal in number to 10
percent in the case of a statute, and 16 percent in the case of an
amendment to the Constitution, of the votes for all candidates for
Governor at the last gubernatorial election. The proponents of the
initiative measure shall be provided the opportunity subsequent to
that deadline, as specified by statute, to gather signatures of
electors for the purposes of this subdivision. The Secretary of State
shall submit the measure at the next general election or at any
special statewide election held prior to that general election that
is at least 131 days after the date of certification pursuant to this
subdivision. The Governor may call a special statewide election for
the measure. 
   (f)
    (g)  An initiative measure embracing more than one
subject may not be submitted to the electors or have any effect.

   (g) 
    (h)  An initiative measure may not include or exclude
any political subdivision of the State from the application or effect
of its provisions based upon approval or disapproval of the
initiative measure, or based upon the casting of a specified
percentage of votes in favor of the measure, by the electors of that
political subdivision. 
   (h) 
    (i)  An initiative measure may not contain alternative
or cumulative provisions wherein one or more of those provisions
would become law depending upon the casting of a specified percentage
of votes for or against the measure. 
   (j) For purpose of this section, "legislative session day" means a
day on which the Members of both houses of the Legislature are
required to be in Sacramento to attend a session of the Legislature.