BILL NUMBER: AB 46	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 14, 2010
	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  SEPTEMBER 1, 2009
	AMENDED IN SENATE  JULY 15, 2009
	AMENDED IN SENATE  JUNE 22, 2009
	AMENDED IN ASSEMBLY  MARCH 31, 2009
	AMENDED IN ASSEMBLY  FEBRUARY 19, 2009

INTRODUCED BY   Assembly Member  Blakeslee  
Monning 

                        DECEMBER 1, 2008

    An act to amend Sections 32321, 32322, and 32942 of, and
to repeal Section 32208 of, the Financial Code, and to amend Sections
25421 and 25449.4 of the Public Resources Code, relating to energy,
and making an appropriation therefor.   An act to add
and repeal Section 15360.5 of the Elections Code, relating to
elections, and declaring the urgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 46, as amended,  Blakeslee   Monning 
.  Energy.   Elections: official canvass:
manual tally.  
   Existing law requires, during the official canvass of an election
in which a voting system is used, the official conducting the
election to conduct a public manual tally of the ballots tabulated by
those devices, including vote by mail voters' ballots, cast in 1% of
the precincts chosen at random by the elections official.  

   This bill would authorize an official who conducts an election in
San Luis Obispo County, Santa Barbara County, Santa Clara County, or
Santa Cruz County that takes place on June 8, 2010, June 22, 2010, or
August 17, 2010, to conduct a public manual tally by alternative
means than those described above. Specifically, the bill would permit
the official conducting the election to conduct a separate manual
tally of the ballots cast in 1% of the precincts chosen at random by
the elections official and a separate manual tally of no less than 1%
of the vote by mail ballots cast in the election.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   (1) Existing law creates the nonprofit State Assistance Fund for
Enterprise Business and Industrial Development Corporation
(SAFE-BIDCO). Existing law provides that the board of directors of
SAFE-BIDCO shall consist of 2 official members and 4 public members.
Existing law provides that the 2 official members of the board of
directors shall be a member of the Governor's cabinet, or his or her
designee, and a member of the State Energy Resources Conservation and
Development Commission, selected and appointed by the members of the
commission.  
   This bill would authorize the member of the State Energy Resources
Conservation and Development Commission to appoint a designee to
serve on the board of directors of SAFE-BIDCO on his or her behalf.
The bill would make conforming changes, including changes to a
provision related to a specified loan committee.  
   (2) Existing law requires the State Energy Resources Conservation
and Development Commission to administer the State Energy
Conservation Assistance Account, a continuously appropriated account,
in the General Fund, until January 1, 2011, to provide grants and
loans to local governments and public institutions to maximize energy
use savings. All loans outstanding as of that date are required to
continue to be repaid, as specified, until paid in full, and all
unexpended funds in the account on and after that date, except as
specified, are required to revert to the General Fund. 

   This bill would extend the operation of the above provisions to
January 1, 2012, and would thereby make an appropriation by extending
the time during which funds in a continuously appropriated account
are made.  
   (3) Existing law also establishes, until January 1, 2011, a
financial assistance program that requires the commission to provide
loans to local jurisdictions for energy projects, including projects
to purchase, maintain, and evaluate energy efficient equipment for
existing or new facilities. Existing law establishes the Local
Jurisdiction Energy Assistance Account in the General Fund for the
purposes of the program, requires the funds to be disbursed by the
Controller as authorized by the commission, and on January 1, 2011,
requires that all unexpended funds in that account, except as
specified, be deposited in the Federal Trust Fund for specified
purposes.  
   This bill would extend the operation of the above program to
January 1, 2016. 
   Vote: 2/3. Appropriation:  yes   no  .
Fiscal committee:  yes   no  .
State-mandated local program: no.


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

   SECTION 1.    Section 15360.5 is added to the 
 Elections Code  , to read:  
   15360.5.  (a) During the official canvass of any election in San
Luis Obispo County, Santa Barbara County, Santa Clara County, or
Santa Cruz County conducted on June 8, 2010, June 22, 2010, or August
17, 2010, the official conducting the election may, in lieu of
subdivision (a) of Section 15360, conduct a public manual tally of
the ballots tabulated by the voting system used in the election by
completing all of the following:
   (1) A public manual tally of the ballots, not including vote by
mail ballots, cast in 1 percent of the precincts chosen at random by
the elections official. If 1 percent of the precincts is less than
one whole precinct, the tally shall be conducted in one precinct
chosen at random by the elections official. In addition to the 1
percent manual tally, the elections official shall, for each race not
included in the initial group of precincts, count one additional
precinct. The manual tally shall apply only to the race not
previously counted.
   (2) A separate public manual tally of not less than 1 percent of
the vote by mail ballots cast in the election. Batches of vote by
mail ballots shall be chosen at random by the elections official. For
the purposes of this section, "batch" means a set of ballots tallied
by the voting system and for which the voting system can produce a
report of the votes cast. In addition to the 1 percent manual tally
of the vote by mail ballots, the elections official shall, for each
race not included in the initial group of batches of vote by mail
ballots, count one additional batch of vote by mail ballots. The
manual tally shall apply only to the race not previously counted.
   (b) Additional precincts for the manual tally described in
subdivision (a) may be selected at the discretion of the elections
official.
   (c) If vote by mail ballots are cast on a direct recording
electronic voting system at the office of an elections official or at
a satellite location of the office of an elections official pursuant
to Section 3018, the official conducting the election shall either
include those ballots in the manual tally conducted pursuant to
subdivision (a) or conduct a public manual tally of those ballots
cast on not less than 1 percent of all the direct recording
electronic voting machines used in that election chosen at random by
the elections official.
   (d) The elections official shall use either a random number
generator or other method specified in regulations that shall be
adopted by the Secretary of State to randomly choose the initial
precincts, batches of vote by mail ballots, or direct recording
electronic voting machines subject to a public manual tally pursuant
to subdivision (a).
   (e) The manual tally conducted pursuant to subdivision (a) shall
be a public process, with the official conducting the election
providing at least a five-day public notice of the time and place of
the manual tally and of the time and place of the selection of the
precincts, batches, or machines from which ballots are to be tallied
prior to conducting the tally and selection.
   (f) The official conducting the election shall include a report on
the results of any 1 percent manual tally conducted pursuant to
subdivision (a) in the certification of the official canvass of the
vote. This report shall identify any discrepancies between the
machine count and the manual tally and a description of how each of
these discrepancies was resolved. In resolving any discrepancy
involving a vote recorded by means of a punchcard voting system or by
electronic or electromechanical vote tabulating devices, the voter
verified paper audit trail shall govern if there is a discrepancy
between it and the electronic record.
   (g) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date. 
   SEC. 2.    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:
 
   A special election is scheduled to take place on June 22, 2010, in
San Luis Obispo County, Santa Barbara County, Santa Clara County,
and Santa Cruz County, the cost of which will put a significant
strain on the counties' budgets and negatively impact the ability of
the counties to provide critical services. In order to save county
funds, it is necessary that this act take effect immediately. 

  SECTION 1.    Section 32208 of the Financial Code
is repealed. 
  SEC. 2.    Section 32321 of the Financial Code is
amended to read:
   32321.  (a) The official members of the board shall be:
   (1) A member of the Governor's cabinet, or his or her designee.
   (2) One member of the State Energy Resources Conservation and
Development Commission, or his or her designee, selected and
appointed by the members of the State Energy Resources Conservation
and Development Commission.
   (b) The public members of the board shall be:
   (1) One member selected and appointed by the Senate Rules
Committee.
   (2) One member selected and appointed by the Speaker of the
Assembly.
   (3) Two members selected and appointed by the Governor as follows:

   (A) One member with a minimum three years' experience as an owner,
partner, officer, or employee of a California-based small business.
   (B) One member with a minimum three years' experience as an
officer or employee of a financial institution.  
  SEC. 3.    Section 32322 of the Financial Code is
amended to read:
   32322.  (a) The terms of official members of the board shall
coincide with their official terms of office, except in the case of
the member selected and appointed by the members of the State Energy
Resources Conservation and Development Commission, or his or her
designee, who shall serve on the board until he or she is no longer a
member of the State Energy Resources Conservation and Development
Commission, or until he or she is replaced by a vote of the State
Energy Resources Conservation and Development Commission, or until
his or her designation is revoked.
   (b) The public members of the board shall be appointed by the
Rules Committee, Speaker, and Governor in such a manner that they
shall hold office for overlapping terms. At the time of the
appointment of first directors, the first term of the directors
appointed by the Rules Committee and Speaker shall be approximately
two years. At the time of the appointment of first directors, the
first term of the directors appointed by the Governor shall be
approximately one year for one director and approximately three years
for two directors. Thereafter, the terms of all public directors
shall be three years. Directors shall be eligible for reappointment
for an unlimited number of terms.
   (c) A public director's tenure shall continue until his successor
has been appointed and has taken his position on the board.
   (d) In the case of public members, vacancies shall be filled by
appointment of the respective appointing authority for the unexpired
remainder of the term.  
  SEC. 4.    Section 32942 of the Financial Code is
amended to read:
   32942.  Loans shall be approved according to criteria established
by a credit committee, chaired by the chief financial officer of the
corporation or that officer's designee. The other members of the
committee shall be the member of the board appointed by the State
Energy Resources Conservation and Development Commission, or his or
her designee, and the corporate president.  
  SEC. 5.    Section 25421 of the Public Resources
Code is amended to read:
   25421.  (a) Except as provided in subdivision (b), this chapter
shall remain in effect only until January 1, 2012, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2012, deletes or extends that date.
   (b) All loans outstanding as of January 1, 2012, shall continue to
be repaid on a semiannual basis, as specified in Section 25415,
until paid in full. All unexpended funds in the State Energy
Conservation Assistance Account on January 1, 2012, and thereafter,
except to the extent those funds are encumbered pursuant to Section
25417.5, shall revert to the General Fund.  
  SEC. 6.    Section 25449.4 of the Public Resources
Code is amended to read:
   25449.4.  (a) Except as provided in subdivision (b), this chapter
shall remain in effect only until January 1, 2016, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2016, deletes or extends that date.
   (b) All loans outstanding as of January 1, 2016, shall continue to
be repaid in accordance with a schedule established by the
commission pursuant to Section 25442.7, until paid in full. All
unexpended funds in the Local Jurisdiction Energy Assistance Account
on January 1, 2016, and thereafter, except to the extent that those
funds are encumbered pursuant to Section 25443.5, shall be deposited
in the Federal Trust Fund and be available for the purposes for which
federal oil overcharge funds are available pursuant to court
judgment or federal agency order.