California Assembly Bill ACA26 Latest Draft

 BILL NUMBER: ACA 26INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Charles Calderon SEPTEMBER 3, 2009 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 10 of Article II thereof, relating to initiatives. LEGISLATIVE COUNSEL'S DIGEST ACA 26, as introduced, Charles Calderon. Initiatives: vote requirements. Existing provisions of the California Constitution provide that the initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject those proposals by a majority of votes on the proposal. Existing law further provides that the Legislature may amend or repeal an initiative statute without the approval of the electors only if permitted by the statute, and subject to the vote requirement specified by the statute. This measure would amend the Constitution to provide that a proposed initiative statute that authorizes the Legislature to amend that initiative statute without voter approval by the electors may become effective only if approved by the electors by no less than the same percentage of the vote as would be required by the language in that proposed initiative statute for the Legislature to amend it without voter approval. Vote: 2/3. Appropriation: no. Fiscal committee: no. 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 10 of Article II thereof is amended to read: SEC. 10. (a)  An   (1)     Except as provided in paragraph (2), an  initiative statute or referendum approved by a majority of votes 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 shall not be delayed from going into effect.  (2) An initiative statute that authorizes the Legislature to amend it without approval by the electors shall become effective only if approved by the electors by no less than the same percentage of the vote as would be required by the language in that proposed initiative statute for the Legislature to amend it without the elector's approval.  (b) If provisions of  2   two  or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail. (c) The Legislature may amend or repeal referendum statutes. It 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 approval. (d) Prior to circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General 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.