A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 8 of Article II thereof, relating to initiatives.
Summary
The California Constitution provides voters, through the initiative, the power to propose statutes and constitutional amendments and to adopt or reject them. An initiative measure may be proposed by presenting the Secretary of State a certified petition signed by electors equal in number to 5% in the case of a proposed statute, and 8% in the case of a proposed constitutional amendment, of the votes for all candidates for Governor at the last gubernatorial election. The Secretary of State is required to submit an initiative measure at the next general election held at least 131 days after it qualifies or at a special statewide election held prior to that general election. This measure would require the Secretary of State, upon being presented with a petition with a specified number of signatures for an initiative measure, to immediately transmit the initiative measure to the Legislature. Upon transmittal to the Legislature, the initiative measure would be assigned to the appropriate committees of each house for analysis and public hearings. This measure would provide that if an initiative measure transmitted to the Legislature, or a part of the measure, proposes an amendment to the Constitution, the Legislature may amend the measure or the part of the measure that proposes an amendment to the Constitution and adopt it as a legislative constitutional amendment by concurrent resolution, 23 of the membership of each house concurring, within 30 legislative session days after transmittal of the initiative measure to the Legislature. If the proponent or a majority of the proponents of the initiative measure accepts the legislative constitutional amendment in lieu of the measure or the part of the measure that proposes an amendment to the Constitution, the measure or the part of the measure that proposes a constitutional amendment would not be submitted to the electors and the legislative constitutional amendment instead would be submitted. This measure would provide that if an initiative measure transmitted to the Legislature, or a part of the measure, proposes a statute, that part of the initiative measure that proposes a statute may be introduced in the Legislature as a bill. The measure would further provide that if the bill is enacted as a statute within 30 legislative sessiondays after transmittal of the initiative measure to the Legislature and the proponent or a majority of the proponents of the initiative measure accepts the bill as enacted, the part of the initiative measure that proposes a statute would not be submitted to the electors. This measure would require the Legislature's return of a certified initiative measure to the Secretary of State within 30 legislative session days, as defined, or it would be deemed to have been returned in the same form as originally submitted by the proponents. The measure would require that a returned initiative measure that is certified be submitted at the next general election that is at least 131 days after the date it is returned or at any special statewide election held prior to that general election.
Bill status
died
3 of 5 stages cleared
Introduction
Feb 2009
Committee Review
Jul 2009
Assembly Passage
Jun 2010
Senate Passage
Governor
Introduced Feb 27, 2009
Last action Nov 30, 2010
Floor votes · Assembly Jun 1, 2010
How they voted
40–26
Passed · 3 other
Total votes 69
Jun 1, 2010
D
Democratic42
95% Yea
I
Independent1
100% Nay
R
Republican26
96% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
21
Key actions
4
Committee
5
Amendments
5
Jun 1, 2010
Assembly · Passed
Assembly Vote: pass (40-26-3)
assembly
Aug 31, 2009
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
Aug 31, 2009
Introduced
From committee: Amend, and be adopted as amended. (Ayes 12. Noes 5.) (August 27).
lower
Jul 15, 2009
Committee
In committee: Set, first hearing. Referred to APPR suspense file.
lower
Jun 29, 2009
Committee
Re-referred to Com. on APPR.
lower
Jun 28, 2009
Lower · Passed
Read second time and amended.
lower
Jun 26, 2009
Introduced
From committee: Amend, and be adopted as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 23).
lower
Jun 17, 2009
Committee
Re-referred to Com. on E. & R.
lower
Jun 16, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.
lower
Apr 20, 2009
Committee
Referred to Com. on E. & R.
lower
Mar 1, 2009
Lower · Passed
From printer. May be heard in committee March 30.
lower
Feb 27, 2009
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ed Hernandez
DDemocratic
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