California 2009-2010 Regular Session Status: Passed Assembly

ACA 13 — 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.

Last action — Died on inactive file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. Died on inactive file.

  2. To inactive file on motion of Assembly Member Hernandez.

  3. Read third time, amended, and returned to third reading. (Ayes 48. Noes 27. Page 5419.).

  4. From inactive file. To third reading.

  5. Notice of intention to remove from inactive file given by Assembly Member Block.

  6. To inactive file on motion of Assembly Member Torrico.

  7. Read third time, amended, and returned to third reading. (Page 3036.).

  8. Read second time. To third reading.

  9. Read second time and amended. Ordered returned to second reading.

  10. From committee: Amend, and be adopted as amended. (Ayes 12. Noes 5.) (August 27).

  11. In committee: Set, first hearing. Referred to APPR suspense file.

  12. Re-referred to Com. on APPR.

  13. Read second time and amended.

  14. From committee: Amend, and be adopted as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 23).

  15. Re-referred to Com. on E. & R.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.

  17. Referred to Com. on E. & R.

  18. Read first time.

  19. From printer. May be heard in committee March 30.

  20. Introduced. To print.

Sponsors

  • Hernandez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Hernandez

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

ACA 13 HERNANDEZ Assembly Third Reading Amend By HERNANDEZ Set #1

Passed 57 Yea · 28 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 532705
Democratic 3000
Republican 1101
Total 572806
% of votes cast 63%31%0%7%
How each member voted (91)
Member Party Vote
Hall — Yea
Tran — Nay
Silva — Nay
Beall — Yea
Smyth — Nay
Evans — Yea
Feuer — Yea
Fuller — Nay
Charles — Yea
Galgiani — Yea
Gilmore — Nay
Hagman — Nay
Harkey — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Bill — Nay
Hayashi — Yea
Hill — Yea
Huffman — Yea
Knight — Nay
Fletcher — Nay
Blakeslee — Nay
Conway — Nay
Cook — Nay
Coto — Yea
Davis — Yea
DeVore — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tom — Not Voting
Audra — Not Voting
Furutani — Not Voting
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huber — Not Voting
Jeffries — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Solorio — Yea
Torres — Yea
Emmerson — Nay
Eng — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Be adopted as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Conway — Nay
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Fuentes — Yea
Hall — Yea
Harkey — Nay
Hill — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does ACA 13 do?
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.
Who sponsors ACA 13?
ACA 13 is sponsored by Hernandez.
What is the current status of ACA 13?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track ACA 13?
Track ACA 13 free on One Click Politics — get push/email alerts when it moves.

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