Bill Text: CA ACA6 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Constitutional amendments: voter approval.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-08-27 - In committee: Set, first hearing. Hearing canceled at the request of author. [ACA6 Detail]

Download: California-2013-ACA6-Introduced.html

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BILL NUMBER: ACA 6	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gatto
   (Principal coauthor: Assembly Member Gordon)

                        FEBRUARY 11, 2013

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Sections 3
and 4 of Article XVIII thereof, relating to initiatives.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 6, as introduced, Gatto. Initiatives: constitutional
amendments: voter approval.
   Existing provisions of the California Constitution provide for the
electors to propose amendments to the Constitution by initiative and
to adopt or reject them. Any proposed initiative measure submitted
to the voters becomes effective if it is approved by a majority of
votes cast.
   This measure would increase the vote requirement from a majority
to 55% of the votes cast for the electors to amend the Constitution
by an initiative measure, except that this measure would permit the
electors to repeal a previously adopted initiative or legislative
amendment to the Constitution, including certain subsequent
amendments to that constitutional amendment, by an initiative measure
passed by a majority vote.
   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 2013-14 Regular Session
commencing on the third day of December 2012, 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:
  First--  That this measure shall be known and may be cited as the
"Constitution Protection Act."
  Second--  That Section 3 of Article XVIII thereof is amended to
read:
      SEC. 3.   (a)    The electors may amend the
Constitution by  an  initiative  measure approved by a
minimum of 55 percent   of the votes cast thereon, or as
specified in subdivision (b)  . 
   (b) (1) The electors, by an initiative measure passed by a
majority of votes cast thereon, may repeal a previously adopted
initiative or legislative amendment to the Constitution.  
   (2) The repeal of a previously adopted amendment to the
Constitution pursuant to this subdivision shall also be deemed to
repeal any subsequent amendments to that constitutional amendment.
However, this subdivision is not applicable to repeal a previously
adopted constitutional amendment if the measure that contained any
such subsequent amendment, as adopted by the electors, also included
one or more constitutional provisions that did not amend the
previously adopted amendment. 
  Third--  That Section 4 of Article XVIII thereof is amended to
read:
      SEC. 4.  A proposed amendment or revision shall be submitted to
the electors and if approved by a majority of votes thereon  ,
or by 55 percent of the votes thereon under subdivision (a) of
Section 3,  takes effect the day after the election unless the
measure provides otherwise. 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.