Bill Text: CA SCA16 | 2009-2010 | Regular Session | Introduced
Bill Title: Initiatives: indirect initiatives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-09-01 - Read second time. To third reading. [SCA16 Detail]
Download: California-2009-SCA16-Introduced.html
BILL NUMBER: SCA 16 INTRODUCED
BILL TEXT
INTRODUCED BY Senator DeSaulnier
FEBRUARY 27, 2009
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by adding Section 8.5
to Article II thereof, relating to initiatives.
LEGISLATIVE COUNSEL'S DIGEST
SCA 16, as introduced, DeSaulnier. Initiatives: indirect
initiatives. The California Constitution provides that the initiative
is the power of the electors to propose statutes and amendments to
the Constitution and to adopt or reject them. Under the California
Constitution, 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% in the case of a
statute, or 8% in the case of an amendment to the Constitution, of
the votes for all candidates for Governor at the last gubernatorial
election.
The measure would alternatively authorize the electors to propose,
and to adopt or reject, statutes and amendments to the Constitution
pursuant to a process of initial review by the Legislature. The
measure would require that the petition presented to the Secretary of
State be certified as signed by electors equal in number to 3% in
the case of a statute, or 6% in the case of an amendment to the
Constitution, of the votes for all candidates for Governor at the
last gubernatorial election. The measure would require the Secretary
of State to transmit that petition to the Legislature within 10 days.
The measure would authorize the Legislature to amend the proposed
statute or amendment to the Constitution set forth in the proposed
initiative measure. If a proposed statute, with or without change, is
enacted, it would go into effect. If the Legislature approves a
proposed amendment to the Constitution, with or without change, the
amendment would be submitted to the voters for approval.
Alternatively, if, by an unspecified date, the Legislature rejects
the initiative measure or has taken no action on the initiative
measure, the Secretary of State would be required to submit the
original initiative measure to the electors for approval if the
Secretary of State is presented with an additional petition signed by
an additional number of specified electors equal in number to 2% of
the votes for all candidates for Governor at the last gubernatorial
election.
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 8.5 is added to Article II thereof, to read:
SEC. 8.5. (a) As an alternative to the procedure set forth in
Section 8, the electors may propose, and adopt or reject, statutes
and amendments to the Constitution pursuant to this section.
(b) An initiative measure may be proposed by presenting to the
Secretary of State, at any time while the Legislature is in session,
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 3 percent in the case of a statute, and
6 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, when he or she receives a
petition described in subdivision (b), transmit that petition to the
Legislature within 10 days.
(d) (1) The Legislature may amend the proposed statute or
amendment to the Constitution set forth in the initiative measure.
(2) If the proposed statute, with or without change, is enacted,
the statute shall go into effect on the applicable date described in
subdivision (c) or (d) of Section 8 of Article IV. A statute so
enacted shall be subject to referendum pursuant to Section 9.
(3) If the Legislature approves the proposed amendment to the
Constitution, with or without change, by rollcall vote entered in the
journal, two-thirds of the membership of each house concurring, the
proposed amendment shall be submitted to the electors for approval at
the first statewide election occurring at least ____ days after the
Legislature approves the proposed amendment. If the proposed
amendment is approved by a majority of votes of the electors, the
proposed amendment shall take effect the day after the election
unless the measure provides otherwise.
(e) If by ____, the Legislature rejects the initiative measure or
has taken no action on the initiative measure, the Secretary of State
shall submit the initiative measure to the electors for approval at
the first statewide election occurring at least ____ days after the
above deadline if the Secretary of State is presented by the sponsors
of the initiative with an additional petition that sets forth the
original text of the proposed statute or amendment to the
Constitution as presented pursuant to subdivision (b) and is
certified to have been signed by electors who did not previously sign
the petition presented pursuant to that subdivision, equal in number
to 2 percent of the votes for all candidates for Governor at the
last gubernatorial election.
(f) An initiative measure pursuant to this section embracing more
than one subject shall not be submitted to the electors or have any
effect.
(g) An initiative measure pursuant to this section 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.
(h) An initiative measure pursuant to this section 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.
