BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
10 (Ducheny)
Hearing Date: 6/29/2009 Amended: As Introduced
Consultant: Maureen Ortiz Policy Vote: ER&CA 3-2
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BILL SUMMARY:
SCA 10 requires the Secretary of State to transmit qualified
initiatives to the Legislature for review and recommendations
prior to being placed before the voters.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Ballot costs --unknown, approximately $298
one-time------ General
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STAFF COMMENTS: This measure meets the criteria for referral to
the Suspense file.
SCA 10 will result in one-time General Fund costs of
approximately $298,000 to print an analysis of the measure and
arguments for and against the measure in the statewide voter
pamphlet. If this measure is enacted by January 28, 2010 it
will appear on the June 8, 2010 statewide primary election
ballot. If it is not enacted by January 28, 2010, but is
enacted before June 24, 2010, SCA 10 will appear on the November
2, 2010 statewide general election ballot. There could be
additional future costs if the proposed amendments to an
initiative are not accepted by the proponents, and therefore,
according to the provisions of SCA 10 will be included in the
ballot materials. The most recent cost estimates from the
Secretary of State's Office are $74,500 per page for printing
and mailing, and the above fiscal impact reflects four pages of
text.
The Secretary of State will be required to transmit a copy of
each initiative measure certified for the ballot that proposes
to amend the Constitution to each house of the Legislature not
later than 176 days prior to the date of the election. SCA 10
authorizes the Legislature to propose amendments to an
initiative that has qualified for the ballot within 30 days of
receiving a copy of the certified initiative measure. The
amendments must be proposed by a concurrent resolution adopted
by each house by majority vote.
The proponent may choose to accept or not accept those
amendments. If the proponent accepts the amendments not later
than 131 days prior to the date of the election, the amended
form shall be placed on the ballot in place of the initial
certified measure. If the proponents choose not to accept the
amendments, the proposed amendments shall be included in the
ballot materials relating to the initiative measure.
SCA 10 will require Legislative review on all initiatives that
propose to amend the Constitution, and includes measures that
change both the Constitution and the statute.
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SCA 10 (Ducheny)
The Legislature will be limited to proposing changes only to the
subject matter that is addressed by the certified initiative
measure.
Existing law requires the Secretary of State to submit qualified
initiative measures at the next general election held at least
131 days after the measure qualifies, but also enables the
Governor to call a special election for purposes of that
measure. However, there is currently no mechanism for amending
an initiative once it has been approved for circulation by the
Secretary of State or once it has qualified for the ballot.
During the period between 1964 and 1996, 18 of the 41
constitutional and statutory initiative measures approved by
California voters were either partially or fully struck down by
state and federal courts. SCA 10 will provide the Legislature
and the public with a way to participate in the analysis of an
initiative measure, and could potentially save future litigation
costs.
SCA 10 is similar to SCA 16 (De Saulnier) pending in Senate
ER&CA Committee, and ACA 13 (Hernandez) which is currently
pending in the Assembly.