BILL NUMBER: ACA 11	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 10, 2011

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 8 of Article II   Sections 3 and 4 of Article
XVIII  thereof, relating to initiatives.



	LEGISLATIVE COUNSEL'S DIGEST


   ACA 11, as amended, Gatto. Initiatives:  election
qualification: signatures   constitutional amendments:
voter approval  .
   Existing provisions of the California Constitution provide for the
electors to propose  statutes or  amendments to the
Constitution by initiative  . 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% in the case of a statute, and 8% in the case of an
amendment to the Constitution, of the votes for all candidates for
Governor at the last gubernatorial election   and to
adopt or reject them. Any proposed initiative measure submitted to
the voters becomes effective if it is approved by a majority of votes
cast  .
   This measure would increase the  percentage requirement
for signatures to 8% in the case of an initiative measure that
proposes a statute   vote requirement from a majority to
  2/3   of the votes cast for the electors to
amend the Constitution by an initiative measure, except that this
measure would permit the electors to repeal a previously adopted
initiative or legislative amendment to the Co   nstitution,
including certain subsequent amendments to that constitutional
amendment, by an initiative measure passed by a majority vote  .

   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 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 8 percent 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. 
   First--    That Section 3 of Article XVIII thereof is
amended to read: 
      SEC. 3.   (a)    The electors may amend the
Constitution by  an  initiative  measure approved by a
minimum of two-thirds of the votes cast thereon, or as specified in
subdivision (b)  . 
   (b) (1) The electors, by an initiative measure passed by a
majority of votes cast thereon, may repeal a previously adopted
initiative or legislative amendment to the Constitution.  
   (2) The repeal of a previously adopted amendment to the
Constitution pursuant to this subdivision shall also be deemed to
repeal any subsequent amendments to that constitutional amendment.
However, this subdivision is not applicable to repeal a previously
adopted constitutional amendment if the measure that contained any
such subsequent amendment, as adopted by the electors, also included
one or more constitutional provisions that did not amend the
previously adopted amendment. 
   Second--    That Section 4 of Article XVIII 
 thereof is amended to read: 
      SEC. 4.  A proposed amendment or revision shall be submitted to
the electors and if approved by a majority of votes thereon  ,
or by two-thirds of the votes there   on under subdivision
(a) of Section 3,  takes effect the day after the election
unless the measure provides otherwise. 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.