BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           16 (DeSaulnier)
          
          Hearing Date:  8/27/2009        Amended: As Introduced
          Consultant:  Maureen Ortiz      Policy Vote: ER&CA 3-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SCA 16 provides an alternate to the initiative  
          process by authorizing a measure to qualify with less  
          signatures, providing that the measure be reviewed by the  
          Legislature prior to its being placed on the ballot.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
                                                                  
          Ballot costs                                    $298              
                                                        General    
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  SUSPENSE FILE.
          
          SCA 16 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.  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.  Actual  
          costs could be slightly higher or lower depending on the final  
          length of the ballot measure.

          If this measure is enacted by January 28, 2010 it will appear on  
          the June 8, 2010 statewide primary election ballot.  If it is  
          enacted after January 28, 2010, but before June 24, 2010, SCA 16  
          will appear on the November 2, 2010 statewide general election  
          ballot.

          Under existing law, a proponent of any initiative measure must  
          first obtain the signatures of registered voters equal in number  
          to 5% of the votes for all candidates for Governor at the last  
          election.  The signature threshold to qualify initiatives  
          proposing constitutional amendments is 8%.  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. 

          SCA 16 will provide an alternate procedure by authorizing a  
          proponent to present to the Secretary of State, at any time the  
          Legislature is in session, a petition that has been signed by 3%  
          of voters for all candidates for Governor at the last  
          gubernatorial election in the case of proposed statute, or  
          signed by 6% of the voters if the measure amends the  
          constitution.  The Secretary of State will transmit the petition  
          to the Legislature within 10 days.  The Legislature may then  
          amend the initiative, however, this measure does not define a  
          timeline for making those changes. 



          Page 2
          SCA 16 (DeSaulnier)



          The California Constitution requires the Secretary of State to  
          submit statewide initiative measures at the next general  
          election held at least 131 days after they qualify or at any  
          special statewide election.

          SCA 16 provides, if the proposed statute, with or without  
          change, is enacted by the Legislature, the statute will go into  
          effect on the applicable date.  If the Legislature approves the  
          proposed constitutional amendment, with or without change, by a  
          2/3 vote of each house, the proposed amendment will be submitted  
          to the electors for approval at the first statewide election  
          occurring on an unspecified number of days later.

          If by an unspecified number of days, the Legislature rejects the  
          initiative measure or has taken no action on it, the measure  
          will be submitted to the voters. 

          There are currently 8 states (Maine, Massachusetts, Michigan,  
          Mississippi, Nevada, Ohio, Utah, and Washington) that have an  
          indirect initiative process.  

          This measure is similar to SCA 10 (Ducheny) which is currently  
          on the Suspense File in this committee.