BILL NUMBER: ACA 13 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hernandez
FEBRUARY 27, 2009
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 Article II thereof, relating to initiatives.
LEGISLATIVE COUNSEL'S DIGEST
ACA 13, as introduced, Hernandez. Initiatives.
The California Constitution provides voters, through the
initiative, the power to propose statutes and constitutional
amendments and to adopt or reject them. An initiative measure may be
proposed by presenting the Secretary of State a certified petition
signed by electors equal in number to 5% in the case of a proposed
statute, and 8% in the case of a proposed constitutional amendment,
of the votes for all candidates for Governor at the last
gubernatorial election. The Secretary of State is required to submit
an initiative measure at the next general election held at least 131
days after it qualifies or at a special statewide election held prior
to that general election.
This measure would require the Secretary of State to transmit each
certified initiative measure to the Legislature. Upon transmittal to
the Legislature, the initiative measure would be assigned to the
Joint Legislative Budget Committee for analysis and public hearings
and, by concurrent resolution, the Legislature could amend the
initiative measure in a manner consistent with the intent of the
measure. The measure would provide that an initiative measure could
be returned to the Secretary of State for placement on the ballot
pursuant to the Legislature's adoption of a concurrent resolution by
a majority vote in each house in the case of a statute, or a 2/3 vote
in each house in the case of a constitutional amendment.
This measure would require, if the Legislature returns the
initiative measure to the Secretary of State by an unspecified
deadline, that the measure, including any proposed amendment, be
submitted at a subsequent statewide election held prior to that
general election that is at least 131 days after the date the measure
is returned.
This measure would provide, alternatively, if the Legislature does
not return the initiative measure by that deadline, that the
Secretary of State place the measure on the ballot only if the
initiative measure is certified, after the deadline, to have been
signed by electors equal in number to 10% in the case of a proposed
statute, and 16% in the case of a proposed constitutional amendment,
of the votes for all candidates for Governor at the last
gubernatorial election. The measure would specify that an opportunity
be provided after that deadline, as specified by statute, for the
gathering of additional signatures for this purpose.
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 2009-10 Regular Session
commencing on the first day of December 2008, 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:
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 Upon certification of
an initiative measure pursuant to subdivision (b), the Secretary of
State shall transmit the measure to the Legislature. The measure
shall be assigned to the Joint Legislative Budget Committee for
analysis and public hearings. The Legislature may, by concurrent
resolution, amend the measure in a manner consistent with
the intent of the measure. If the measure proposes a statute only, it
shall be returned to the Secretary of State only by a concurrent
resolution adopted by the Legislature, a majority of the membership
of each house concurring. If the measure proposes an amendment to the
Constitution, it shall be returned to the Secretary of State only by
a concurrent resolution adopted by the Legislature, two-thirds of
the membership of each house concurring.
(d) If the Legislature returns the
initiative measure to the Secretary of State
within ____ days after the measure is transmitted to the Legislature,
the Secretary of State shall then submit
the measure , including any proposed amendment ,
at the next general election held at least 131 days after it
qualifies is returned to the Secretary of
State or at any special statewide election held prior to that
general election. The Governor may call a special statewide election
for the measure.
(e) If the Legislature does not return the initiative measure to
the Secretary of State within ____ days after the measure is
transmitted to the Legislature, the Secretary of State shall submit
the measure to the electors only if the measure is certified, on or
after that deadline, to have been signed by electors equal in number
to 10 percent in the case of a statute, and 16 percent in the case of
an amendment to the Constitution, of the votes for all candidates
for Governor at the last gubernatorial election. The proponents of
the initiative measure shall be provided the opportunity subsequent
to that deadline, as specified by statute, to gather signatures of
electors for the purposes of this subdivision. The Secretary of State
shall submit the measure at the next general election or at any
special statewide election held prior to that general election that
is at least 131 days after the date of certification pursuant to this
subdivision. The Governor may call a special statewide election for
the measure.
(d)
(f) An initiative measure embracing more than one
subject may not be submitted to the electors or have any effect.
(e)
(g) 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)
(h) 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.