BILL NUMBER: ACA 11	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2011
	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 Sections 3
and 4 of Article XVIII thereof, relating to initiatives.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 11, as amended, Gatto. Initiatives: constitutional amendments:
voter approval.
   Existing provisions of the California Constitution provide for the
electors to propose amendments to the Constitution by initiative 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 vote requirement from a majority
to  2/3   55%  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 Constitution,
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:
   First--    That this measure shall be known and may
be cited as the "Constitution Protection Act." 
   First--  Second--   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
  55 percent  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--  Third--   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   55 percent  of the votes
thereon under subdivision (a) of Section 3, takes effect the day
after the election unless the measure provides otherwise. If
provisions of two or more measures approved at the same election
conflict, those of the measure receiving the highest affirmative vote
shall prevail.