BILL NUMBER: ACA 10	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gatto

                        DECEMBER 9, 2010

   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


   ACA 10, as introduced, Gatto. Initiatives.
   The California Constitution provides 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 instead authorize the Legislature to amend or
repeal an initiative statute, effective 4 years or more 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 an amendment or repeal
of an initiative statute by the Legislature be passed by a percentage
of the membership of each house that exceeds the percentage of
voters that 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 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 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  The Legislature 
may amend or repeal an initiative statute by another statute that
 becomes effective only when approved by the electors
  takes effect not sooner than four years from the date
that the initiative statute was approved by the electors, 
unless the initiative statute permits amendment or repeal 
without their approval   by the Legislature at an
earlier date  . 
   (2) An amendment or repeal of an initiative statute pursuant to
this subdivision shall be 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.