Bill Text: CA ACA19 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: ACA 19	INTRODUCED
	BILL TEXT


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 introduced, 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.
   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. 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 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 to the Secretary of State within 30 legislative days, as
defined, or it would be deemed to have been returned in the same form
as originally submitted by the proponents of the initiative measure.
A returned initiative measure would be submitted 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), 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 days after the transmittal of the initiative measure to
the Legislature. 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 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, un   less 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. 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. 

   (c) The 
    (2)     The  Secretary of State shall
then submit the measure at the next general election held at least
 131   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. 
   (d) 
    (h)  An initiative measure embracing more than one
subject may not be submitted to the electors or have any effect.

   (e) 
    (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. 
   (f) 
    (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.