Bill Text: CA ACA14 | 2009-2010 | Regular Session | Introduced

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Bill Title: Initiative measures.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-06-24 - In committee: Set, first hearing. Further hearing to be set. [ACA14 Detail]

Download: California-2009-ACA14-Introduced.html

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BILL NUMBER: ACA 14	INTRODUCED
	BILL TEXT


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

                        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 the initiative.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 14, as introduced, Hernandez. Initiative measures.
   The California Constitution provides electors, 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 to the Secretary of State a certified petition
signed by a specified number of electors. The Secretary of State is
required to submit an initiative measure at the next general election
held at least 131 days after the measure qualifies or at a special
statewide election held prior to that general election.
   This measure would limit the number of initiative measures that
the Secretary of State may place on each statewide election ballot to
5, prioritized according to the date of qualification. The measure
would prohibit qualified initiative measures not placed on the
statewide election ballot from being placed on the ballot at a
subsequent election, but would allow a new initiative measure
containing the same or a similar proposal to qualify for a subsequent
election ballot.
   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)  The   (1)     At each
general election, and at every special statewide election held prior
to a general election, the  Secretary of State shall 
then  submit  the measure at the next general
election held at least   not more than five initiative
measures   that qualify  131 days  after it
qualifies or at any special statewide election held prior to that
general   or more before the date of the  election.
 The 
    (2)     Priority for placement on an
election ballot shall be assigned chronologically, based on the date
an initiative measure qualifies for the ballot. The  Governor
may call a special statewide election for  the  
an initiative  measure.
   (d) An initiative measure  embracing   that
qualifies for an election ballot pursuant to paragraph (1) of
subdivision (c), even if it was not placed on the ballot pursuant to
paragraph (2) of that subdivision, shall not be placed on the ballot
at a subsequent election. Nothing in this subdivision prohibits a new
initiative measure containing the same or a similar proposal from
qualifying for a subsequent election ballot in the manner specified
by this section. 
    (e)     An initiative measure embracing
 more than one subject  may   shall 
not be submitted to the electors or have any effect. 
   (e) 
    (f)  An initiative measure  may  
shall  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. 
   (f) 
    (g)  An initiative measure  may  
shall  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.