BILL NUMBER: ACA 12	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 8
of, and by adding Section 8.5 to, Article II thereof, relating to
initiatives.



	LEGISLATIVE COUNSEL'S DIGEST


   ACA 12, as introduced, Gatto. Statewide initiative measures:
legislative amendment.
   Existing provisions of the California Constitution provide that
the initiative is the power of the electors to propose statutes and
amendments to the Constitution and to adopt or reject those
proposals. Those provisions require the Secretary of State to 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 also call a special statewide
election on the measure.
   This measure would require the Secretary of State to transmit a
copy of an initiative measure certified for the ballot to each house
of the Legislature no later than 176 days prior to the election at
which the measure is to be voted upon. Within 30 days, the
Legislature may propose an amended form of the initiative measure by
adopting a concurrent resolution. If the Legislature proposes an
amended form of the initiative measure, the measure would provide
that if the proponent, or a majority of the proponents if there is
more than one proponent, of the initiative measure accepts the
proposed amendments, the Legislature's proposal would appear on the
ballot in place of the certified initiative measure. The measure
would require that, if the amended form proposed by the Legislature
is not accepted, information regarding the proposed amended form be
included in the ballot materials relating to the initiative measure,
as prescribed by statute.
   The measure would make conforming election changes.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
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 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 5 percent in the
case of a statute, and 8 percent in the case of an amendment to the
Constitution, 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   176
 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.
  Second--  That Section 8.5 is added to Article II thereof, to read:

      SEC. 8.5.  (a) (1) The Secretary of State shall transmit a copy
of each initiative measure certified for the ballot to each house of
the Legislature not later than 176 days prior to the date of the
election at which the measure is to be voted upon.
   (2) Not later than 30 days after both houses of the Legislature
receive a copy of a certified initiative measure pursuant to
paragraph (1), the Legislature may propose one amended form of the
measure by a concurrent resolution adopted by each house, a majority
of the membership concurring.
   (3) An amended form of a certified initiative measure proposed by
the Legislature shall address only the subject matter addressed by
the certified initiative measure.
   (b) Immediately upon adoption of the concurrent resolution
proposing an amended form of the certified initiative measure, the
Legislature shall deliver it to both the proponent of the measure and
the Secretary of State. If the proponent, or a majority of the
proponents if there is more than one proponent, accepts the amended
form proposed in the concurrent resolution not later than 131 days
prior to the date of the election at which the certified initiative
measure is to be voted upon, the amended form shall be placed on the
ballot in place of the proposal set forth in the certified initiative
measure. If the proposed amended form is not accepted by that date,
that substitution shall not occur, but information regarding the
proposed amended form shall be included in the ballot materials
relating to the initiative measure, as may be prescribed by statute.
   (c) For purposes of this section, "proponent" means a person or
entity that presented the Secretary of State with a petition for an
initiative measure that has been certified pursuant to subdivision
(b) of Section 8.