BILL NUMBER: ACA 13 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 28, 2009
AMENDED IN ASSEMBLY JUNE 16, 2009
INTRODUCED BY Assembly Member Hernandez
( Coauthor: Assembly Member
Adams )
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 amended, 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, upon being
presented with a petition for an initiative measure, to immediately
transmit the initiative measure to the Legislature. Upon transmittal
to the Legislature, the initiative measure would be assigned to the
appropriate committees of each house 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
initiative measure if the proponent of the initiative
measure accepts the amendments of the Legislature . 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 also provide that an initiative measure that
only proposes a statute may be introduced as a bill and, if it is
enacted and the proponent of the initiative measure accepts any
amendments by the Legislature, the initiative measure would not be
submitted to the voters.
This measure would require, if the Legislature returns the
initiative measure to the Secretary of State within 30 legislative
session days, as defined, and if the initiative measure is certified
to have been signed by the requisite number of electors, that the
initiative measure, including any proposed amendment by the
Legislature, be submitted at the next general election that is at
least 131 days after the date the initiative measure is returned or
at any special statewide election held prior to that general
election.
This measure would provide, alternatively, if the Legislature does
not return the initiative measure by that deadline, that the
Secretary of State place the initiative 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) Upon presentation of a petition to the Secretary of State
pursuant to subdivision (b), the Secretary of State immediately shall
transmit the initiative measure to the Legislature prior to
certification of the signatures of electors. The measure shall be
assigned to the appropriate committees in the Senate and Assembly for
analysis. Within 20 legislative session days after transmittal of
the measure to the Legislature, the appropriate committees of the
Senate and Assembly shall commence joint public hearings on the
subject of the measure. The Legislature at any time may, by
concurrent resolution, amend the measure in a manner consistent with
the intent of the measure if the proponent of the measure
accepts the amendments of the Legislature . If the measure only
proposes a statute, it may be returned to the Secretary of State
pursuant to subdivision (e) 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 may be returned to the Secretary of State pursuant to
subdivision (e) only by a concurrent resolution adopted by the
Legislature, two-thirds of the membership of each house concurring.
(d) An initiative measure transmitted to the Legislature pursuant
to subdivision (c) that only proposes a statute may be introduced in
the Legislature as a bill. If the bill is enacted as a statute and
the proponent of the initiative measure accepts any amendments of the
Legislature, and so informs the Secretary of State, the initiative
measure shall not be submitted to the electors.
(e) If the Legislature returns the initiative measure to the
Secretary of State within 30 legislative session days after the
measure is transmitted to the Legislature, and the measure is
certified to have been signed by the requisite number of electors
pursuant to subdivision (b), the Secretary of State shall submit the
measure, including any proposed amendment, at the next general
election held at least 131 days after it 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.
(f) If the Legislature does not return the initiative measure to
the Secretary of State within 30 legislative session 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.
(g) An initiative measure embracing more than one subject may not
be submitted to the electors or have any effect.
(h) 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.
(i) 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.
(j) For purpose of this section, "legislative session day" means a
day on which the Members of both houses of the Legislature are
required to be in Sacramento to attend a session of the Legislature.