Bill Text: CA SCA14 | 2009-2010 | Regular Session | Amended

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Bill Title: Initiative measures: funding source.

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Introduced - Dead) 2010-01-12 - Read second time. To third reading. [SCA14 Detail]

Download: California-2009-SCA14-Amended.html

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BILL NUMBER: SCA 14	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JUNE 23, 2009

INTRODUCED BY   Senators Ducheny, Alquist, Ashburn, Florez, Negrete
McLeod, and Steinberg
   (Coauthors: Senators DeSaulnier, Hancock,  Leno,  and
Pavley)
   (Coauthors: Assembly Members Evans, Harkey, Huffman, Krekorian,
Portantino, Saldana, and Smyth)

                        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


   SCA 14, as amended, Ducheny. Initiative measures: funding source.
   The California Constitution provides that the electors may propose
statutes or amendments to the state constitution through the
initiative process 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 a certain
number of electors.
   This measure would prohibit an initiative measure that would
result in a net increase in state or local government costs 
other than costs attributable to the issuance, sale, or repayment of
bonds,  from being submitted to the electors or having any
effect unless and until the Legislative Analyst and the Director of
Finance jointly determine that the initiative measure provides for
additional revenues in an amount that meets or exceeds the net
increase in costs.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   Resolved by the Senate, the Assembly 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 Secretary of State shall then submit the measure at the
next general election held at least 131 days after it qualifies or at
any special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.
   (d) An initiative measure embracing more than one subject may not
be submitted to the electors or have any effect.
   (e) 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.
   (f) 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.
   (g) An initiative measure that would result in a net increase in
state or local government costs,  other than costs attributable
to the issuance, sale, or repayment of bonds authorized by the
measure,  as jointly determined by the Legislative Analyst and
Director of Finance, may not be submitted to the electors or have any
effect unless and until the Legislative Analyst and the Director of
Finance jointly determine that the initiative measure provides for
additional revenues in an amount that meets or exceeds the net
increase in costs.