BILL NUMBER: SCA 9	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        FEBRUARY 17, 2011

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 10
of Article II thereof, relating to initiatives.


	LEGISLATIVE COUNSEL'S DIGEST


   SCA 9, as introduced, Hancock. Initiatives.
   The California Constitution provides to voters, through the
initiative, the power to propose statutes and constitutional
amendments and to adopt or reject them. The California Constitution
further provides that the Legislature may amend or repeal an
initiative statute only by another statute approved by the voters,
unless the initiative statute permits amendment or repeal without the
approval of the voters.
   This measure would apply the provisions that authorize direct
amendment or repeal by the Legislature as permitted by an initiative
statute only to initiative statutes approved by the voters on or
before its effective date. As to an initiative statute that is
approved by the voters after that effective date, this measure would
instead authorize the Legislature to directly amend or repeal the
initiative statute not sooner than 3 years after the date the
initiative statute is approved by the voters, unless the initiative
statute allows that action by the Legislature at an earlier date. The
measure would require that a direct amendment or repeal of an
initiative statute by the Legislature pursuant to this authority be
passed by a percentage of the membership of each house that exceeds
the percentage of voters who approved the initiative statute or, if
applicable, that approved the most recent amendment of the initiative
statute.
   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:
    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)  (1)    The Legislature may amend or repeal
referendum statutes.  It 
    (2)     In regard to an initiative statute
that is approved by the electors on or before the effective date of
paragraph (3), the Legislature  may amend or repeal  an
  the  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. 
   (3) (A) An initiative statute that is approved by the electors
after the effective date of this paragraph may be amended or repealed
either by another statute that becomes effective only when approved
by the electors, or directly by the Legislature by means of another
statute that takes effect not sooner than three years from the date
that the initiative statute was approved by the electors, unless the
initiative statute permits an amendment or repeal by the Legislature
at an earlier date.  
   (B) The direct amendment or repeal of an initiative statute
pursuant to this paragraph shall be pursuant to a bill that is passed
by a percentage of the membership of each house of the Legislature
that exceeds the percentage of electors that approved the initiative
statute or, in the case of an initiative statute that has been
amended by the electors, that approved the most recent amendment of
the initiative statute. 
   (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) The Legislature shall provide the manner in which 
petitions   a petition  shall be circulated,
presented, and certified, and  measures   the
manner in which a measure is  submitted to the electors.