BILL ANALYSIS �
ACA 11
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Date of Hearing: May 27, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
ACA 11 (Gatto) - As Amended: May 23, 2011
Policy Committee: ElectionsVote:4-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
The measure proposes to amend the State Constitution to:
1)Require an initiative measure that proposes to amend the
Constitution-except for a measure repealing a previously
adopted amendment-to receive minimum 55% vote for approval by
the voters.
2)Provides that an initiative measure proposing to repeal a
previously adopted constitutional amendment may be approved on
a majority vote.
FISCAL EFFECT
One-time GF costs of about $220,000 to include an analysis of
this measure, and arguments for and against the measure, in the
state voter pamphlet.
COMMENTS
1)Purpose . The author notes that a constitutional amendment
originating from the Legislature is subjected to the a series
of checks-and-balances, and must ultimately receive two-thirds
approval in both the Senate and Assembly. According to the
author, "These steps ensure a deliberative process that is
designed to craft the best possible changes to a document that
reflects the fundamental laws that govern us. This is in stark
contrast to a constitutional amendment via initiative.
"When a constitutional amendment originates from the signature
gathering process it is subject to only two steps: signature
gathering and a majority vote of the electorate. There is no
ACA 11
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deliberation. There is no vetting. There is no testimony. All
of these are replaced by commercials and 30 second soundbites
that often distort the issues and appeal to the lowest common
denominator. There are no real constitutional checks and
balances, save for potential legal challenges. An initiative
to amend the constitution requires one thing: money, and lots
of it. It is no wonder that the initiative process has
increasingly become the tool of choice for people who want to
change state policy without having to navigate the legislative
process.
"ACA 11 is a reasonable measure that seeks to uphold the
primacy of the California Constitution by providing the
seemingly missing uniformity and parity with the legislature
as to how it can be amended?It is worth noting that
supermajority thresholds have already been approved by voters.
The legendary Proposition 13 included a provision that
demanded a 2/3 vote for certain taxes. It is not unreasonable
to suggest that we put the process of amending the
constitution on the same pedestal as new taxes. Both are
highly important to the people of California and should not be
taken lightly."
2)Some History . Since the creation of the initiative process,
the voters have approved 51 initiative measures that proposed
amendments to the constitution. Of this total, 34 received
more than 55% of the vote. In the last 25 years, 12 of the 23
initiative constitutional amendments approved by the voters
have received more than 55% of the vote. Among the high
profile initiatives that passed but did not receive 55% of
the vote are: Prop. 98 of 1988 (school funding); Prop. 140 of
1990 (term limits); Prop. 209 of 1996 (affirmative action);
Prop. 8 of 2008 (same-sex marriage); and Prop. 11 of 2008
(Redistricting Commission).
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081