Bill Text: CA ACA10 | 2011-2012 | Regular Session | Amended
Bill Title: Initiative constitutional amendments: qualification and
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-08-29 - Read third time. Refused adoption. (Ayes 41. Noes 30. Page 6583.) [ACA10 Detail]
Download: California-2011-ACA10-Amended.html
BILL NUMBER: ACA 10 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Gatto
DECEMBER 9, 2010
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending
Section Sections 8 and 10 of Article II thereof,
and by amending Section 4 of Article XVIII thereof,
relating to initiatives.
LEGISLATIVE COUNSEL'S DIGEST
ACA 10, as amended, Gatto. Initiatives
Initiative constitutional amendments: qualification and approval
.
(1) The California Constitution allows the proposal of an
initiative measure 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, and 8% in the case of an
amendment to the Constitution, of the votes for all candidates for
Governor at the last gubernatorial election.
This measure would require, in the case of a petition that
proposes an amendment to the Constitution, that the petition include
signatures from each of 27 of the Senatorial districts in the State
equal in number to 8% of the votes for all candidates for Governor
cast in that district at the last gubernatorial election.
(2) The California Constitution requires that a proposed amendment
or revision of the Constitution be approved by a majority of votes
thereon in order to take effect.
This measure would require that an amendment to the Constitution
proposed by initiative be approved by 55% of the votes thereon,
except that only a majority of votes thereon would be required if the
sole effect of the measure is to repeal one or more amendments to
the Constitution previously approved by the electors.
The California Constitution provides voters, through the
initiative, the power to propose statutes and constitutional
amendments and to adopt or reject them. The California Constitution
further provides that the Legislature may amend or repeal an
initiative statute only by another statute approved by the voters,
unless the initiative statute permits amendment or repeal without the
approval of the voters.
This measure would instead authorize the Legislature to amend or
repeal an initiative statute, effective 4 years or more after the
date the initiative statute is approved by the voters, unless the
initiative statute allows that action by the Legislature at an
earlier date. The measure would require that an amendment or repeal
of an initiative statute by the Legislature be passed by a percentage
of the membership of each house that exceeds the percentage of
voters that approved the initiative statute or, if applicable, that
approved the most recent amendment of the initiative statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2011-12 Regular Session
commencing on the sixth day of December 2010, 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:
First-- 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 as follows:
(1) In the case of a statute, 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.
(2) In the case of an amendment to the Constitution, by electors
equal in number to 8 percent of the votes for all candidates for
Governor at the last gubernatorial election, including signatures
from each of 27 of the Senatorial districts in the State equal in
number to 8 percent of the votes for all candidates for Governor cast
in that district 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) (1) Except as provided in paragraph (2), to take effect, an
initiative measure shall be approved by a majority of votes thereon.
(2) To take effect, an initiative measure to amend the
Constitution shall be approved by 55 percent of the votes thereon,
unless the sole effect of the initiative measure would be to repeal
one or more amendments to the Constitution previously approved by the
electors.
Second -- That Section 10 of Article II
thereof is amended to read:
SEC. 10. (a) An initiative statute or referendum approved by
a majority of votes thereon the electors
takes effect the day after the election unless the measure
provides otherwise. If a referendum petition is filed against a part
of a statute the remainder shall not be delayed from going into
effect.
(b) If provisions of two or more measures approved at the same
election conflict, those of the measure receiving the highest
affirmative vote shall prevail.
(c) (1) The Legislature may
amend or repeal referendum statutes. The Legislature may amend or
repeal an initiative statute by another statute that takes
effect not sooner than four years from the date that the initiative
statute was approved by the electors, becomes
effective only when approved by the electors, unless the
initiative statute permits amendment or repeal by the
Legislature at an earlier date without their approval
.
(2) An amendment or repeal of an initiative statute pursuant to
this subdivision shall be passed by a percentage of the membership of
each house of the Legislature that exceeds the percentage of
electors that approved the initiative statute or, in the case of an
initiative statute that has been amended by the electors, that
approved the most recent amendment of the initiative statute.
(d) Prior to circulation of an initiative or referendum petition
for signatures, a copy shall be submitted to the Attorney General who
shall prepare a title and summary of the measure as provided by law.
(e) The Legislature shall provide the manner in which a petition
shall be circulated, presented, and certified, and the manner in
which a measure is submitted to the electors.
Third-- That Section 4 of Article XVIII thereof is
amended to read:
SEC. 4. A proposed (a)
An amendment or revision proposed by the
Legislature shall be submitted to the electors and ,
if approved by a majority of votes thereon , takes effect
the day after the election unless the measure provides otherwise.
If
(b) If provisions of 2
two or more measures approved at the same
election conflict, those of the measure receiving the highest
affirmative vote shall prevail.
