Today's Law As Amended


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SCA-16 Initiatives.(2011-2012)



As Amends the Law Today


First—

 That Section 8 of Article II thereof is 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 propose an initiative measure, the proponents shall first submit the text of the measure to the Attorney General. The Attorney General shall prepare a circulating title and summary of the chief purpose and points of the proposed measure as provided by law, and provide a copy thereof  to the Secretary of State  State. The Secretary of State shall immediately notify the proponents of the initiative measure of the date upon which the Secretary of State received the circulating title and summary. The proponents shall have two years from that date within which to present 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. The Secretary of State shall immediately certify whether the petition presented complies with this signature requirement. 
(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.

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 cast  thereon takes effect on  the fifth  day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date.  election unless the measure provides otherwise.  If a referendum petition is filed against a part of a statute, statute  the remainder of the statute  shall not be delayed from going into effect.
(b) If provisions of two or more measures approved at the same election conflict, the provisions  those  of the measure receiving the highest number of  affirmative votes vote  shall prevail.
(c) The Legislature may amend or repeal a referendum statute. The Legislature  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 the electors’  their  approval.
(d) Before 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) (d)  The Legislature shall provide for  the manner in which a petition  petitions  shall be circulated, presented, and certified, and the manner in which a measure shall be  measures  submitted to the electors.