BILL NUMBER: AB 783	CHAPTERED  10/07/05

	CHAPTER  714
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2005
	APPROVED BY GOVERNOR  OCTOBER 7, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2005
	PASSED THE SENATE  SEPTEMBER 6, 2005
	AMENDED IN SENATE  AUGUST 30, 2005
	AMENDED IN ASSEMBLY  APRIL 7, 2005

INTRODUCED BY   Assembly Member Jones
   (Coauthor: Assembly Member Niello)
   (Coauthors: Senators Cox and Ortiz)

                        FEBRUARY 18, 2005

   An act to amend Section 13001 of the Elections Code, relating to
elections, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 783, Jones  Elections: payment of expenses.
   Existing law provides that all expenses authorized and necessarily
incurred in the preparation for and conduct of elections are to be
paid from the county treasuries.
   This bill would provide that expenses incurred on or after January
1, 2005, and before January 1, 2006, for elections proclaimed by the
Governor to fill a vacancy in the office of Senator or Member of the
Assembly, or to fill a vacancy in the office of United States
Senator or Representative in the Congress of the United States, are
to be paid by the state. Where an election proclaimed by the Governor
is consolidated with a local election, the state would pay only
those additional expenses directly related to the election proclaimed
by the Governor. The bill would further provide that it does not
preclude the use of otherwise authorized federal funds in elections
in which at least one candidate for federal office appears on the
ballot.
  This bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13001 of the Elections Code is amended to read:

   13001.  (a) Except as provided in subdivision (b), all expenses
authorized and necessarily incurred in the preparation for and
conduct of elections as provided in this code shall be paid from the
county treasuries, except that when an election is called by the
governing body of a city the expenses shall be paid from the treasury
of the city.  All payments shall be made in the same manner as other
county or city expenditures are made. The elections official, in
providing the materials required by this division, need not utilize
the services of the county or city purchasing agent.
   (b) All expenses authorized and necessarily incurred on or after
January 1, 2005, in the preparation for and conduct of elections
proclaimed by the Governor to fill a vacancy in the office of Senator
or Member of the Assembly, or to fill a vacancy in the office of
United States Senator or Representative in the Congress of the United
States, shall be paid by the state. If an election proclaimed by the
Governor to fill a vacancy in an office specified by this
subdivision is consolidated with a local election, only those
additional expenses directly related to the election proclaimed by
the Governor shall be paid by the state. Nothing in this section
shall preclude the use of federal funds authorized by any other
provision of law in elections in which at least one candidate for
federal office appears on the ballot.
   (c) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2006, deletes or extends
that date.
  SEC. 2.  Section 13001 is added to the Elections Code, to read:
   13001.  (a) All expenses authorized and necessarily incurred in
the preparation for and conduct of elections as provided in this code
shall be paid from the county treasuries, except that when an
election is called by the governing body of a city the expenses shall
be paid from the treasury of the city. All payments shall be made in
the same manner as other county or city expenditures are made. The
elections official, in providing the materials required by this
division, need not utilize the services of the county or city
purchasing agent.
   (b) This section shall become operative on January 1, 2006.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to relieve counties of responsibility for expenses
incurred in 2005 for the preparation and conduct of elections
proclaimed by the Governor for specified purposes, it is necessary
that this bill go into immediate effect.