Bill Text: CA ACA19 | 2011-2012 | Regular Session | Amended
Bill Title: Initiatives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-09-06 - Ordered to inactive file at the request of Assembly Member Charles Calderon. [ACA19 Detail]
Download: California-2011-ACA19-Amended.html
BILL NUMBER: ACA 19 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 23, 2011 AMENDED IN ASSEMBLY MAY 10, 2011 INTRODUCED BY Assembly Member Allen MARCH 25, 2011 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 19, as amended, Allen. 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 immediately to transmit each certified initiative measure to the Legislature with the consent of the proponent or a majority of the proponents of the initiative measure received not less than 131 days prior to the date of the election at which the initiative measure is scheduled to be submitted to the electors . 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 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 the transmittal of the initiative measure to the Legislature and not less than 131 days prior to thenext generaldate of the election at which the initiative measure is scheduled to be submitted to the electors . If the proponent or a majority of the proponents of the initiative measure accepts the legislative constitutional amendment in lieu of the initiative measure or the part of the measure that proposes an amendment to the Constitution, and the Attorney General determines that the legislative constitutional amendment furthers the purposes of the initiative measure, the initiative 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 to the electors. This measure would also provide that if an initiative measure transmitted to the Legislature, or a part of the measure, proposes a statute, the measure or the part of the measure that proposes a statute may be introduced in the Legislature as a bill. If the bill is enacted as a statute within 30 legislative session days after the transmittal of the initiative measure to the Legislature and not less than 131 days prior to thenext generaldate of the election at which the initiative measure is scheduled to be submitted to the electors , and the proponent or a majority of the proponents of the initiative measure accepts the bill as enacted, and the Attorney General determines that the bill as enacted furthers the purposes of the initiative measure, the initiative measure or the part of the measure that proposes a statute would not be submitted to the electors. The Legislature would be authorized to amend or repeal a statute that is enacted in lieu of an initiative measure 6 years or later from its effective date. In addition, the Legislature would be authorized to amend or repeal the statute at any time by another statute passed by a 2/3 vote or by another statute that is submitted to the voters for approval. The measure would provide, as to an initiative measure that proposes both a constitutional amendment and a statute, that the alternatives described above are applied to both the constitutional and statutory elements, or neither. This measure would require the Legislature to return an initiative measure that has been transmitted to it to the Secretary of State within 30 legislative session days, as defined, and not less than 131 days prior to thenext generaldate of the election at which the initiative measure is scheduled to be submitted to the electors or it would be deemed to have been returned in the same form as originally submitted by the proponents of the initiative measure.A returnedAn initiative measure would be submitted to the electors at the next general election that is held at least 150 days after the date the initiative measure qualifies or at any special statewide election held prior to that general election, unless a legislative constitutional amendment is passed or a statute is enacted in lieu of the initiative measure, or unless the proponent or a majority of the proponents of the initiative measure withdraws the initiative measure not later than 90 days prior to the date of the 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 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: 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 certification of an initiative measure pursuant to subdivision (b) and with the consent of the proponent, or a majority of the proponents, if applicable, of the initiative measure received not less than 131 days prior to the date of the election at which the measure is scheduled to be submitted to the electors pursuant to paragraph (2) of subdivision (g) , the Secretary of State immediately shall transmit the measure to the Legislature. (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 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 legislative constitutional amendment by concurrent resolution, two-thirds of the membership of each house concurring, within 30 legislative session days after the transmittal of the initiative measure to the Legislature and not less than 131 days prior to thenext general electiondate of the election at which the measure is scheduled to be submitted to the electors pursuant to paragraph (2) of subdivision (g) . If the proponent, or a majority of the proponents, if applicable, of the initiative measure accepts 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, and the Attorney General determines that the legislative constitutional amendment furthers the purposes of the initiative measure, 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 measure or 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 the transmittal of the initiative measure to the Legislature and not less than 131 days prior to thenext general electiondate of the election at which the measure is scheduled to be submitted to the electors pursuant to paragraph (2) of subdivision (g) and the proponent, or a majority of the proponents, if applicable, of the initiative measure accepts the bill as enacted, and so informs the Secretary of State, and the Attorney General determines that the bill as enacted furthers the purposes of the initiative measure, the bill shall take effect in accordance with this Constitution and, notwithstanding subdivision (c) of Section 10, the initiative measure or the part of the measure that proposes a statute shall not be submitted to the electors. The Legislature may amend or repeal a statute enacted pursuant to this subdivision by another statute that takes effect not sooner than six years from the date the statute enacted pursuant to this subdivision takes effect. In addition, the Legislature at any time may amend or repeal a statute enacted pursuant to this subdivision by another statute passed with two-thirds of the membership of each house concurring, or by another statute that becomes effective only when approved by the electors. (f) If an initiative measure that is transmitted to the Legislature pursuant to subdivision (c) proposes both an amendment to the Constitution and a statute, both of the following apply: (1) Unless the conditions of subdivision (d) that would cause the constitutional amendment portion of the initiative measure not to be submitted to the electors are satisfied, subdivision (e) shall not apply to the statutory portion of the initiative measure. (2) Unless the conditions of subdivision (e) that would cause the statutory portion of the initiative measure not to be submitted to the electors are satisfied, subdivision (d) shall not apply to the constitutional amendment portion of the initiative measure. (g) (1) The Legislature shall return an initiative measure transmitted to it pursuant to subdivision (c) , unless a legislative constitutional amendment is passed or a statute is enacted, or both, in lieu of the initiative measure as provided in subdivisions (d), (e), and (f), to the Secretary of State within 30 legislative session days after the measure is transmitted to the Legislature and not less than 131 days prior to thenext general electiondate of the election at which the measure is scheduled to be submitted to the electors pursuant t o paragraph (2) . If the measure is not returned within 30 legislative session days and not less than 131 days prior to thenext general electiondate of the election at which the measure is scheduled to be submitted to the electors pursuant to paragraph (2) , it shall be deemed to have been returned in the same form as it was initially presented to the Secretary of State. (2) The Secretary of State shallthen submit the measuresubmit an initiative measure to the electors at the next general election held at least 150 days after it qualifies or at any special statewide election held prior to that general election, except as provided in subdivisions (d) and (e), or unless the proponent, or a majority of the proponents, if applicable, of the initiative measure withdraws the measure not later than 90 days prior to the date of the election at which the measure is scheduled to be submitted to the electors, and so informs the Secretary of State. The Governor may call a special statewide election for the measure. (h) An initiative measure embracing more than one subject may not be submitted to the electors or have any effect. (i) 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. (j) 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. (k) 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.