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.

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 immediately to transmit each certified initiative measure to the Legislature with the consent of the proponent or a majority of the proponents of the initiative measure received not less than 131 days prior to the date of the election at which the initiative measure is scheduled to be submitted to the electors. 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 the transmittal of the initiative measure to the Legislature and not less than 131 days prior to the date of the election at which the initiative measure is scheduled to be submitted to the electors. If the proponent or a majority of the proponents of the initiative measure accepts the legislative constitutional amendment in lieu of the initiative measure or the part of the measure that proposes an amendment to the Constitution, and the Attorney General determines that the legislative constitutional amendment furthers the purposes of the initiative measure, the initiative 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 to the electors. This measure would also provide that if an initiative measure transmitted to the Legislature, or a part of the measure, proposes a statute, the measure or the part of the measure that proposes a statute may be introduced in the Legislature as a bill. If the bill is enacted as a statute within 30 legislative session days after the transmittal of the initiative measure to the Legislature and not less than 131 days prior to the date of the election at which the initiative measure is scheduled to be submitted to the electors, and the proponent or a majority of the proponents of the initiative measure accepts the bill as enacted, and the Attorney General determines that the bill as enacted furthers the purposes of the initiative measure, the initiative measure or the part of the measure that proposes a statute would not be submitted to the electors. The Legislature would be authorized to amend or repeal a statute that is enacted in lieu of an initiative measure 6 years or later from its effective date. In addition, the Legislature would be authorized to amend or repeal the statute at any time by another statute passed by a 23 vote or by another statute that is submitted to the voters for approval. The measure would provide, as to an initiative measure that proposes both a constitutional amendment and a statute, that the alternatives described above are applied to both the constitutional and statutory elements, or neither. This measure would require the Legislature to return an initiative measure that has been transmitted to it to the Secretary of State within 30 legislative session days, as defined, and not less than 131 days prior to the date of the election at which the initiative measure is scheduled to be submitted to the electors or it would be deemed to have been returned in the same form as originally submitted by the proponents of the initiative measure. An initiative measure would be submitted to the electors at the next general election that is held at least 150 days after the date the initiative measure qualifies or at any special statewide election held prior to that general election, unless a legislative constitutional amendment is passed or a statute is enacted in lieu of the initiative measure, or unless the proponent or a majority of the proponents of the initiative measure withdraws the initiative measure not later than 90 days prior to the date of the election.