Bill Text: CA ACA5 | 2009-2010 | Regular Session | Amended

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Bill Title: Initiatives: state general obligation bonds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-08-31 - From committee: Be adopted. (Ayes 12. Noes 4.) (August 27). Read second time. To third reading. [ACA5 Detail]

Download: California-2009-ACA5-Amended.html

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BILL NUMBER: ACA 5	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 14, 2009
	AMENDED IN ASSEMBLY  JUNE 16, 2009

INTRODUCED BY   Assembly Member Charles Calderon

                        DECEMBER 15, 2008

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



	LEGISLATIVE COUNSEL'S DIGEST


   ACA 5, as amended, Charles Calderon. Initiatives: state general
obligation bonds.
   Existing law permits voters to propose statutes and amendments to
the Constitution  , and to adopt or reject them, 
through the initiative process  , and to adopt any initiative
measure by a majority of the votes cast on the measure  .
   This measure would  require an initiative measure that
would authorize the issuance of state general obligation bonds to
either provide additional tax or fee revenues, the elimination of
existing programs, or both, as necessary to fully fund the bonds, as
determined by the Legislative Analyst, in order to be submitted to
the voters or to have any effect and would require the Attorney
General to identify the new revenue source or the eliminated programs
in the initiative measure's title and summary. The measure would
also require that at least 66% of the voters approve an 
 specify that an  initiative measure authorizing the
issuance of state general obligation bonds  would  
instead   require approval by 55% of the voters  .
   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:
     That Section 8 of Article II thereof is amended to read:
  First--That Section 8 of Article II thereof if
amended to read: 
      SEC. 8.  (a) The initiative is the power of the electors to
propose statutes and amendments to the Constitution and to adopt or
reject them.
   (b) 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 electors equal in number to 5 percent in the
case of a statute, and 8 percent in the case of an amendment to the
Constitution, of the votes for all candidates for Governor at the
last gubernatorial election.
   (c) The Secretary of State shall then submit the measure at the
next general election held at least 131 days after it qualifies or at
any special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.
   (d) An initiative measure embracing more than one subject may not
be submitted to the electors or have any effect.
   (e) An initiative measure may not include or exclude any political
subdivision of the State from the application or effect of its
provisions based upon approval or disapproval of the initiative
measure, or based upon the casting of a specified percentage of votes
in favor of the measure, by the electors of that political
subdivision.
   (f) An initiative measure may not contain alternative or
cumulative provisions wherein one or more of those provisions would
become law depending upon the casting of a specified percentage of
votes for or against the measure. 
   (g) An initiative measure that would authorize the issuance of
state general obligation bonds shall not be submitted to the electors
or have any effect unless the measure expressly provides for either
additional tax or fee revenues, the elimination of one or more
existing programs, or both, as necessary to fully fund the repayment
of the bonds, as determined by the Legislative Analyst. The new
revenue source or the programs eliminated shall be clearly identified
in the title and summary of the measure prepared by the Attorney
General.  
   (h) An 
    (g)     An   initiative measure
shall be approved by a majority of the voters who vote on the
initiative measure, except that an  initiative measure that
would authorize the issuance of state general obligation bonds shall
be approved by at least  66   55  percent
of the voters who vote on the initiative 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 thereon   the voters 
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.
   (b) If provisions of 2 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.