Bill Text: CA SCA16 | 2011-2012 | Regular Session | Introduced
Bill Title: Initiatives.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-02 - Referred to Com. on E. & C.A. [SCA16 Detail]
Download: California-2011-SCA16-Introduced.html
BILL NUMBER: SCA 16 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wyland
AUGUST 17, 2011
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Sections 8
and 10 of Article II thereof, relating to initiatives.
LEGISLATIVE COUNSEL'S DIGEST
SCA 16, as introduced, Wyland. Initiatives.
Existing provisions of the California Constitution define the
initiative as the power of the electors to propose statutes and
amendments to the Constitution and to adopt or reject them. Existing
provisions of the California Constitution specify the procedure for
proposing and collecting signatures on an initiative measure and for
submitting the measure to the electorate.
This measure would revise the procedure for proposing an
initiative measure. This measure would require the text of the
proposed initiative measure to be submitted to the Attorney General.
This measure would require the Attorney General to prepare a
circulating title and summary of the chief purpose and points of the
proposed measure, and provide a copy thereof to the Secretary of
State. This measure would require the Secretary of State to
immediately notify the proponents of the initiative measure of the
date upon which the Secretary of State received a copy of the
circulating title and summary. This measure would allow the
proponents 2 years from the date the Secretary of State received a
copy of the circulating title and summary to present to the Secretary
of State a petition that sets forth the text of the proposed measure
and is signed by the required number of electors.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
Resolved by the Senate, the Assembly 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 propose an initiative measure, the proponents shall
first submit the text of the measure to the Attorney General. The
Attorney General shall prepare a circulating title and summary of the
chief purpose and points of the proposed measure as provided by law,
and provide a copy thereof to the Secretary of State. The Secretary
of State shall immediately notify the proponents of the
initiative measure of the date upon which the Secretary of State
received the circulating title and summary. The proponents shall have
two years from that date within which to present 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. The Secretary of
State shall immediately certify whether the petition presented
complies with this signature requirement.
(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.
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 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 2 two or more
measures approved at the same election conflict, those of the measure
receiving the highest affirmative vote shall prevail.
(c) The Legislature may amend or repeal referendum statutes. It
may amend or repeal an initiative statute by another statute that
becomes effective only when approved by the electors unless the
initiative statute permits amendment or repeal without their
approval.
(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)
(d) The Legislature shall provide the manner in which
petitions shall be circulated, presented, and certified, and measures
submitted to the electors.
