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
2/355% 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-thirds55 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-thirds55 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.