BILL NUMBER: ACA 9	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 Sections 8
and 10 of Article II thereof, relating to initiatives.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 9, as introduced, Gatto. Initiative measures: supermajority
requirement.
   The California Constitution provides that the electors may propose
statutes or amendments to the state constitution through the
initiative process 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 a certain
number of electors.
   This measure would require that an initiative that would increase
the current vote requirement for an action by either the electors or
by the Legislature, or would impose an extraordinary vote requirement
for the amendment of an initiative statute by the Legislature
without approval by the electors, itself receive the same affirmative
vote percentage in order to be approved by the electors.
   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 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 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. 
   (g) An initiative measure that would increase the vote requirement
for any action by the electors or the Legislature may be approved by
the electors only if that measure receives no less than the same
percentage of affirmative votes from the electors as the percentage
applied by the measure to that vote requirement. If the initiative
measure contains more than one such vote requirement, the highest
such vote requirement imposed by the initiative shall be required for
the initiative's approval by the voters.
  Second--  That Section 10 of Article II thereof is amended to read:

      SEC. 10.  (a)  An   Except as provided in
subdivision (c), an  initiative statute or referendum approved
by a majority of votes thereon takes effect the day after the
election unless the measure provides otherwise. If a referendum
petition is filed against a part of a statute the remainder shall not
be delayed from going into effect.
   (b) 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.
   (c)  (1)    The Legislature may amend or repeal
referendum statutes. It may amend or repeal an initiative statute by
another statute that becomes effective only when approved by the
electors unless the initiative statute permits amendment or repeal
without their approval. 
   (2) An initiative measure that authorizes the Legislature to amend
its statutory provisions without approval by the electors by a vote
greater than a majority in each house may itself be approved by the
electors only if the measure receives no less than the same
percentage of affirmative votes from the electors as the percentage
of the vote that would be required for the Legislature to amend the
measure's statutory provisions without the electors' approval. 
   (d) Prior to circulation of an initiative or referendum petition
for signatures, a copy shall be submitted to the Attorney General who
shall prepare a title and summary of the measure as provided by law.

   (e) The Legislature shall provide the manner in which petitions
shall be circulated, presented, and certified, and measures submitted
to the electors.