Bill Text: CA ACA13 | 2009-2010 | Regular Session | Amended
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 JUNE 1, 2010
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
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 with a specified number of signatures
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 measure or the
part of the measure that proposes an amendment to the Constitution
and adopt it as a legislative constitutional amendment by
concurrent resolution, 2/3 of the
membership of each house concurring, within 30 legislative session
days after transmittal of the initiative measure to the
Legislature . If the proponent or a majority of the proponents
of the initiative measure accept accepts
the amendments of the Legislature, the Legislature may
return the measure, as amended, to the Secretary of State
legislative constitutional amendment in lieu of the measure or
the part of the measure that proposes an amendment to the
Constitution, the measure or the part of the measure that proposes a
constitutional amendment would not be submitted to the electors and
the legislative constitutional amendment instead would be submitted
.
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 within
30 legislative session days after transmittal of the
initiative measure to the Legislature and the proponent or a
majority of the proponents of the initiative measure accept
accepts 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 measure 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
(c) Upon presentation to the Secretary
of State of a petition containing not less than the number of
signatures of electors required to find the petition sufficient under
subdivision (b), the Secretary of State immediately shall
transmit the initiative measure to the Legislature prior to
certification of and shall direct the appropriate
elections officials to count 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). amend
the measure or the part of the measure that proposes an amendment to
the Constitution and may pass the amended form of the measure as a le
gislative constitutional amendment by concurrent
resolution, two-thirds of the membership of each house concurring,
within 30 legislative session days after transmittal of the
initiative measure to the Legislature. If the proponent, or a
majority of the proponents, if applicable, of the initiative measure
accept the legislative constitutional amendment in lieu of the
initiative measure or the part of the measure that proposes an
amendment to the Constitution, and so informs the Secretary of State,
the initiative measure or the part of the measure that proposes a
constitutional amendment shall not be submitted to the electors and
the legislative constitutional amendment instead shall be submitted
to the electors.
(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
within 30 legislative session days after transmittal of the
initiative measure to the Legislature 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 unless a legislative constitutional amendment
is passed or a statute is enacted in lieu of the initiative measure
as provided in subdivision subdivisions
(d) and (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 subdivisions (d) and (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--Pages 3 and 4.
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