Bill Text: CA ACA6 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Initiative measures: funding source.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Introduced - Dead) 2011-07-14 - Read. Refused adoption. (Ayes 50. Noes 23. Page 2329.) [ACA6 Detail]

Download: California-2011-ACA6-Amended.html

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BILL NUMBER: ACA 6	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 1, 2011
	AMENDED IN ASSEMBLY  MAY 19, 2011
	AMENDED IN ASSEMBLY  MAY 10, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Members Gatto and Feuer
   (Principal coauthor: Senator Pavley)
   (Coauthors: Assembly Members Blumenfield, Gordon, Gorell, Hayashi,
Huffman, Bonnie Lowenthal, Mendoza, Olsen,  Portantino, 
Smyth, and Solorio)
   (  Coauthor:  Senator  
De León   Coauthors:   Senators   De
León   and DeSaulnier  )

                        DECEMBER 6, 2010

   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 6, as amended, Gatto. Initiative measures: funding source.
   The California Constitution provides that the electors may propose
statutes or amendments to the state constitution through the
initiative process 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 a certain
number of electors.
    This measure would require the Legislative Analyst and the
Director of Finance to review an initiative measure not later than 15
days after its qualification for the ballot, and report the results
of the review to the Secretary of State.  This measure would
prohibit an initiative measure that  the Legislative Analyst or
the Director of Finance determines  would result in a net
increase in state or local government costs exceeding $5,000,000,
other than costs attributable to the issuance, sale, or repayment of
bonds, from being submitted to the electors or having any effect
unless  and until  the Legislative Analyst 
and   ,  the Director of Finance  jointly
  , or both, as applicable,  determine that the
initiative measure provides for additional revenues in an amount that
meets or exceeds the net increase in costs.  This requirement
would provide for an annual adjustment to the amount of that cost
threshold, and would not apply to costs incurred due to a provision
of an initiative measure that reduces tax revenues, or due to the
administration of such a p   rovision. 
   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 that 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) 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) An initiative measure that would result in a net increase in
state or local government costs exceeding five million dollars
($5,000,000), other than costs attributable to the issuance, sale, or
repayment of bonds authorized by the measure, as jointly determined
by the Legislative Analyst and Director of Finance, may not be
submitted to the electors or have any effect unless and until the
Legislative Analyst and the Director of Finance jointly determine
that the initiative measure provides for additional revenues in an
amount that meets or exceeds the net increase in costs. 

   (g) (1) Not later than 15 days after the qualification of an
initiative measure for the ballot, the Legislative Analyst and the
Director of Finance shall review the measure pursuant to this
subdivision, and report the results of that review to the Secretary
of State. If either the Legislative Analyst or the Director of
Finance determines that the initiative measure would result in a net
increase in state or local government costs exceeding five million
dollars ($5,000,000), subject to paragraph (2), excluding costs
attributable to the issuance, sale, or repayment of bonds authorized
by the measure, the measure shall not be submitted to the electors or
have any effect unless the Legislative Analyst or the Director of
Finance, or both, as applicable, further determines that the
initiative measure provides for additional revenues in an amount that
meets or exceeds the net increase in costs.  
   (2) On January 1, 2012, and annually thereafter, the cost
threshold set forth in paragraph (1) shall be adjusted by the
percentage increase of the California Consumer Price Index for the
immediately preceding calendar year, as reported by the Department of
Finance.  
   (3) This subdivision shall not apply to any increased costs to
state or local government that are incurred pursuant to a provision
of an initiative measure that reduces tax revenues, or pursuant to
the administration of any such provision.