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

California Assembly Constitutional Amendment 13 (Prior Session Legislation)

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

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

BILL NUMBER: ACA 13	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2009
	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.
   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 the Legislature's return of a certified
initiative measure to the Secretary of State within 30 legislative
session days, as defined, or it would be deemed to have been returned
in the same form as originally submitted by the proponents. The bill
would require that a returned initiative measure that is certified,
including any amendment by the Legislature to constitutional
provisions that is accepted by proponents, be submitted at the next
general election that is at least 131 days after the date it is
returned or at any special statewide election held prior to that
general election.
   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.
   (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  the  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 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.
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CORRECTIONS  Text--Page 3.
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