ACA 20 Assembly Constitutional Amendment

BILL NUMBER: ACA 20	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Niello

                        MARCH 31, 2009

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Sections 9
and 10 of Article II thereof, and by amending Section 8 of Article
IV thereof, relating to elections.



	LEGISLATIVE COUNSEL'S DIGEST


   ACA 20, as introduced, Niello. Elections: initiatives and
referenda.
   The California Constitution provides that the electors may propose
a statute or an amendment to the California Constitution by
initiative and approve or reject a statute by referendum. 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 the required number of electors, as prescribed. A referendum
measure may be proposed by presenting to the Secretary of State a
petition that sets forth the statute or part of the statute to be
submitted to the electors, and is certified to have been signed by
the required number of electors. Prior to the circulation of an
initiative or referendum petition for signatures, the California
Constitution requires that a copy of the petition be submitted to the
Attorney General, who must prepare a title and summary of the
measure.
   This measure would transfer from the Attorney General to the
Legislative Analyst the duty of preparing the title and summary for a
proposed initiative or referendum.
   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:
  First--  That Section 9 of Article II thereof is amended to read:
      SEC. 9.  (a) The referendum is the power of the electors to
approve or reject statutes or parts of statutes except urgency
statutes, statutes calling elections, and statutes providing for tax
levies or appropriations for usual current expenses of the State.
   (b) A referendum measure may be proposed by presenting to the
Secretary of State, within 90 days after the enactment date of the
statute, a petition certified to have been signed by electors equal
in number to 5 percent of the votes for all candidates for Governor
at the last gubernatorial election, asking that the statute or part
of it be submitted to the electors. In the case of a statute enacted
by a bill passed by the Legislature on or before the date the
Legislature adjourns for a joint recess to reconvene in the second
calendar year of the biennium of the legislative session, and in the
possession of the Governor after that date, the petition may not be
presented on or after January 1 next following the enactment date
unless a copy of the petition is submitted to the  Attorney
General   Legislative Analyst  pursuant to
subdivision (d) of Section 10  of Article II  before
January 1.
   (c) The Secretary of State shall then submit the measure at the
next general election held at least 31 days after it qualifies or at
a special statewide election held prior to that general election. The
Governor may call a special statewide election for the measure.
  Second--  That Section 10 of Article II thereof is amended to read:

      SEC. 10.  (a) An initiative statute or referendum approved by a
majority of votes  cast  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  of the statute  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  
number of votes  shall prevail.
   (c) The Legislature may amend or repeal  a  referendum
 statutes   statute  .  It
  The Legislature  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   the 
approval  of the electors  .
   (d) Prior to circulation of an initiative or referendum petition
for signatures, a copy shall be submitted to the  Attorney
General   Legislative Analyst  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.
  Third--  That Section 8 of Article IV thereof is amended to read:
      SEC. 8.  (a) At regular sessions  no   a
 bill other than the budget bill may  not  be heard or
acted on by committee or either house until the 31st day after the
bill is introduced unless the house dispenses with this requirement
by rollcall vote entered in the journal,  three fourths
  three-fourths  of the membership concurring.
   (b) The Legislature may make no law except by statute and may
enact no statute except by bill.  No   A 
bill may  not  be passed unless it is read by title on
 3   three  days in each house  , 
except that the house may dispense with this requirement by rollcall
vote entered in the journal,  two thirds  
two-thirds  of the membership concurring.  No 
 A  bill may  not  be passed until the bill with
amendments has been printed and distributed to the members. 
No   A  bill may  not  be passed unless,
by rollcall vote entered in the journal, a majority of the membership
of each house concurs.
   (c) (1) Except as provided in paragraphs (2) and (3)  of
this subdivision  , a statute enacted at a regular session
shall go into effect on January 1 next following a 90-day period from
the date of enactment of the statute and a statute enacted at a
special session shall go into effect on the 91st day after
adjournment of the special session at which the bill was passed.
   (2) A statute, other than a statute establishing or changing
boundaries of  any   a  legislative,
congressional, or other election district, enacted by a bill passed
by the Legislature on or before the date the Legislature adjourns for
a joint recess to reconvene in the second calendar year of the
biennium of the legislative session, and in the possession of the
Governor after that date, shall go into effect on January 1 next
following the enactment date of the statute unless, before January 1,
a copy of a referendum petition affecting the statute is submitted
to the  Attorney General   Legislative Analyst
 pursuant to subdivision (d) of Section 10 of Article II, in
which event the statute shall go into effect on the 91st day after
the enactment date unless the petition has been presented to the
Secretary of State pursuant to subdivision (b) of Section 9 of
Article II.
   (3) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State, and
urgency statutes shall go into effect immediately upon their
enactment.
   (d) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. In each house the section and the bill shall be passed
separately, each by rollcall vote entered in the journal, 
two thirds   two-thirds  of the membership
concurring. An urgency statute may not create or abolish any office
or change the salary, term, or duties of any office, or grant any
franchise or special privilege, or create any vested right or
interest.