BILL ANALYSIS                                                                                                                                                                                                    Ó



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        ASSEMBLY THIRD READING
        ACA 19 (Allen) 
        As Amended  June 23, 2011
        2/3 vote 

         ELECTIONS           5-2         APPROPRIATIONS      12-5        
         
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        |Ayes:|Fong, Bonilla, Hall,      |Ayes:|Fuentes, Blumenfield,     |
        |     |Mendoza, Swanson          |     |Bradford, Charles         |
        |     |                          |     |Calderon, Campos, Davis,  |
        |     |                          |     |Gatto, Hall, Hill, Lara,  |
        |     |                          |     |Mitchell, Solorio         |
        |     |                          |     |                          |
        |-----+--------------------------+-----+--------------------------|
        |Nays:|Logue, Valadao            |Nays:|Harkey, Donnelly,         |
        |     |                          |     |Nielsen, Norby, Wagner    |
         ----------------------------------------------------------------- 
         
        SUMMARY  :  Establishes an indirect initiative process.  Specifically, 
         this constitutional amendment  :  

        1)Requires the Secretary of State (SOS), upon certification that a 
          petition for an initiative measure has been signed by the number 
          of electors required under existing law for the measure to qualify 
          for the ballot, and with the consent of a majority of the 
          proponents, to transmit that initiative measure to the 
          Legislature.

        2)Permits the Legislature to amend an initiative measure transmitted 
          to it and to pass the amended form of the initiative within 30 
          legislative session days, and not less than 131 days prior to the 
          date of the election at which the measure will be submitted to the 
          voters.  Provides that if the initiative proposes a statute, the 
          Legislature may pass the amended form of the initiative by 
          enacting a bill.  Provides that if the initiative is a 
          constitutional amendment, the Legislature may pass the amended 
          form of the initiative by enacting a legislative constitutional 
          amendment that is then submitted to the voters for approval.  
          Provides that the original initiative measure shall not be 
          submitted to the electors if both of the following conditions are 
          satisfied:

           a)   A majority of the proponents accepts the bill or legislative 
             constitutional amendment in lieu of the initiative measure, and 
             so informs the SOS; and,








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           b)   The Attorney General (AG) determines that the bill or 
             legislative constitutional amendment furthers the purposes of 
             the initiative measure.                 

        3)Provides that, in the case of an initiative that amends both the 
          Constitution and statute, the original initiative shall be 
          submitted to the voters in its entirety unless the Legislature 
          approves both a bill and a legislative constitutional amendment 
          pursuant to the procedures outlined above.

        4)Requires the Legislature to return an initiative to the SOS within 
          30 legislative session days after the measure is transmitted to 
          it, and not less than 131 days prior to the election at which the 
          measure is scheduled to appear on the ballot, unless a bill or 
          legislative constitutional amendment is enacted in lieu of the 
          initiative measure, as described above.  

        5)Requires the SOS to submit a qualified initiative measure at the 
          next general election held at least 150 days after it qualifies 
          unless a majority of the proponents withdraw the measure not later 
          than 90 days prior to the date of the election.

        6)Permits the Legislature to amend or repeal any statute enacted 
          pursuant to the process described above in accordance with either 
          of the following methods:

           a)   At any time, provided that the statute is amended or 
             repealed by another statute passed with two-thirds of the 
             membership of each house concurring, or by another statute that 
             becomes effective only when approved by the electors; or, 

           b)   Provided that at least six years have elapsed since the 
             effective date of the statute, by any other statute, subject to 
             the vote requirements that would otherwise apply to that 
             statute.

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee:

        1)One-time General Fund costs of about $220,000 to include an 
          analysis of this measure, and arguments for and against the 
          measure, in the state voter pamphlet.

        2)To the extent initiatives would be enacted by the Legislature 
          rather than placed on the ballot there would be savings associated 
          with the avoided costs for otherwise including these initiatives 








                                                                     ACA 19
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          in the voter pamphlet.

         COMMENTS  :  According to the author, "ACA 19 is a good governance 
        bill that will result in higher quality propositions that will 
        create better and more consistent laws.  It will also provide a 
        larger degree of transparency throughout the process, save money, 
        and help the public to understand the initiatives they are voting 
        on."

        According to the National Conference of State Legislatures (NCSL), 
        eight states currently offer some form of an "indirect" initiative 
        process.  Maine, Michigan, Nevada, Ohio, Utah, and Washington 
        provide for an indirect initiative process for statutory initiatives 
        only; Mississippi provides the process only for constitutional 
        amendment initiatives, while Massachusetts includes both statutory 
        and constitutional amendment initiatives.

        In 2000, then-Assembly Speaker Robert M. Hertzberg created a 
        Commission on the California Initiative Process (Commission).  The 
        goal of the Commission was to examine the initiative process and 
        recommend changes to make the process more responsive to voter 
        concerns.  Among the recommendations proposed by the Commission was 
        the creation of an indirect initiative process that would allow the 
        Legislature to enact an initiative into law, with the proponents 
        consent, thereby removing the need for the initiative to go to the 
        ballot.  
         
        As a constitutional amendment, this measure requires the approval of 
        the voters to take effect.

        Although the policy committee analysis of this measure suggests a 
        technical amendment, the policy committee's staff subsequently 
        determined that the amendment was unnecessary.

        Please see the policy committee analysis for a full discussion of 
        this bill.
         

        Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094      
                                

                                                                  FN: 0001250












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