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  AUGUST 31, 2009
	AMENDED IN ASSEMBLY  JUNE 28, 2009
	AMENDED IN ASSEMBLY  JUNE 16, 2009

INTRODUCED BY   Assembly Member Hernandez
   (Coauthor: Assembly Member Adams)

                        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 the initiative measure to the Legislature. Upon transmittal
to the Legislature, the initiative measure would be assigned to the
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
initiative measure if the proponent of the initiative measure accepts
the amendments of the Legislature. 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 provide that if an initiative measure
transmitted to the Legislature, or a part of the measure, proposes an
amendment to the Constitution, the Legislature may, by concurrent
resolution, amend the part of the measure that proposes an amendment
to the Constitution. If the proponent or a majority of the proponents
of the initiative measure accept the amendments of the Legislature,
the Legislature may return the measure, as amended, to the Secretary
of State.  
   This measure would provide that if an initiative measure
transmitted to the Legislature, or a part of the measure, proposes a
statute, that part of the initiative measure that proposes a statute
may be introduced in the Legislature as a bill. The measure would
further provide that if the bill is enacted as a statute and the
proponent or a majority of the proponents of the initiative measure
accept the bill as enacted, the part of the initiative measure that
proposes a statute would not be submitted to the electors. 
   This measure would require  , if  the 
Legislature returns the   Legislature's return of a
certified  initiative measure to the Secretary of State within
30 legislative session days, as defined,  and if the
initiative measure is certified to have been signed by the requisite
number of electors,   or it would be deemed to have been
returned in the same form as originally submitted by the proponents.
The bill would require  that  the   a
returned  initiative measure  that is certified  ,
including any  proposed  amendment by the
Legislature  to constitutional prov   isions  
that is accepted by proponents , be submitted at the next
general election that is at least 131 days after the date 
the initiative measure   it  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 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 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 proponent of the measure accepts the
amendments of the Legislature. If the measure only proposes a
statute, it 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 may be
returned to the Secretary of State pursuant to subdivision (e) 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.  
   (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. 
   (  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   on the subject of
the measure.  
   (d) If an initiative measure transmitted to the Legislature
pursuant to subdivision (c), or a part of that measure, proposes an
amendment to the Constitution, the Legislature may, by concurrent
resolution, amend the part of the measure that proposes an amendment
to the Constitution. If the proponent, or a majority of the
proponents, if applicable, of the measure accept the amendments of
the Legislature, and so inform the Secretary of State, the
Legislature may return the initiative measure, as amended, to the
Secretary of State pursuant to subdivision (f).  
   (e) If an initiative measure transmitted to the Legislature
pursuant to subdivision (c), or a part of that measure, proposes a
statute, the part of the measure that proposes a statute may be
introduced in the Legislature as a bill. If the bill, including any
amendments adopted by the Legislature, is enacted as a statute and
the proponent, or a majority of the proponents, if applicable, of the
initiative measure accept the bill as enacted, and so inform the
Secretary of State, the part of the initiative measure that proposes
a statute shall not be submitted to the electors. 
    (f)     The Legislature shall return an
initiative measure, except as provided in subdivision (e), to the
Secretary of State within 30 legislative session days after the
measure is transmitted to the   Legislature. If the measure
is not returned within 30 legislative session days, it shall be
deemed to have been returned in the same form as it was initially
presented to the Secretary of State. Except as provided in
subdivision (e), the Secretary of State shall submit a returned
measure that is certified pursuant to subdivision (b), including any
accepted amendments, 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.
   (g) An initiative measure embracing more than one subject may not
be submitted to the electors or have any effect.
   (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.
   (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   purposes  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.