BILL ANALYSIS Ó
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Date of Hearing: May 15, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
ACA 6 (Gatto) - As Introduced: February 11, 2013
Policy Committee: ElectionsVote:5-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This measure:
1)Proposes to amend the State Constitution to require an
initiative measure that amends the Constitution to be approved
by a minimum of 55% of the voters instead of a simple majority
of voters, except that:
2)Specifies voters may, by simple majority vote, pass an
initiative to repeal a previously-adopted initiative or
legislative amendment to the Constitution. Such an action
shall be deemed to repeal any amendments to the same
constitutional provision that were approved subsequent to
approval of the original provision, unless the subsequent
measure included other provisions that did not amend the
originally-adopted amendment.
FISCAL EFFECT
One-time GF costs of about $220,000 to include an analysis of
this measure, and arguments for and against the measure, in the
state voter information guide.
COMMENTS
1)Purpose . According to the author, "A constitution is the most
fundamental document in any government, holding within it the
rights of the people as well as the most basic rules by which
the people's business is conducted. Any change to it should
not be taken lightly. Even the founders of our nation thought
the concept of a constitution so sacred that they wrote into
the U.S. Constitution a process of amendment so difficult so
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as to ensure that it would only happen when truly necessary.
While the US Constitution has been amended only 27 times in
223 years, California's has been amended 521 times in 133
years. That is because California makes it the easiest to
amend its Constitution of any of the 50 states.
"The US Constitution does not permit initiatives. An amendment
must garner 2/3 approval of both houses of Congress or a
petition of 2/3 of the states, followed always by ratification
of 3/4 of the states. However, in California, to put an
amendment on the ballot, initiative proponents need only
gather signatures equal in number to 8% of the votes cast for
Governor in the last gubernatorial election. Then, amendments
pass with just 50% + 1 of the votes cast.
"A supermajority to amend the Constitution is different from a
supermajority to pass other laws. A constitution is not a
statute; it is a governing document that sets forth basic
rights and government structures?. ACA 6 is a reasonable
measure that seeks to make California's constitutional
amendment process more reflective of the national
constitutional amendment process by placing a higher threshold
for voters' consideration and passage of initiative
constitutional amendments to protect the document's
sacredness."
2)Some History . Since the creation of the initiative process,
the voters have approved 53 initiative measures that proposed
amendments to the constitution. Of this total, 36 received
more than 55% of the vote. In the last 25 years, 13 of the 24
initiative constitutional amendments approved by the voters
have received more than 55% of the vote. Among the high
profile initiatives that passed but did not receive 55% of the
vote are: Prop. 98 of 1988 (school funding); Prop. 140 of 1990
(term limits); Prop. 209 of 1996 (affirmative action); Prop. 8
of 2008 (same-sex marriage); and Prop. 11 of 2008
(Redistricting Commission).
3)Prior Legislation . In 2011, ACA 11 (Gatto), which was similar
to this measure, was held on this committee's Suspense file.
In 2012, ACA 10 (Gatto), which included provisions similar to
this measure, failed passage on the Assembly Floor.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081
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