BILL NUMBER: ABX3 11 CHAPTERED
BILL TEXT
CHAPTER 6
FILED WITH SECRETARY OF STATE FEBRUARY 20, 2009
APPROVED BY GOVERNOR FEBRUARY 20, 2009
PASSED THE SENATE FEBRUARY 14, 2009
PASSED THE ASSEMBLY FEBRUARY 15, 2009
AMENDED IN SENATE FEBRUARY 14, 2009
AMENDED IN ASSEMBLY JANUARY 7, 2009
INTRODUCED BY Assembly Member Evans
JANUARY 5, 2009
An act calling an election, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 11, Evans. Special election.
Existing law provides that the Secretary of State is the chief
elections officer of the state and requires the Secretary of State to
perform specified duties, including preparing and mailing ballot
pamphlets, in connection with any statewide election. Existing law
further requires the Attorney General to provide for each ballot
measure submitted to the voters of the state a ballot title, an
official summary, and a ballot label that shall be a condensed
statement of the ballot title. Existing law requires that every
measure submitted to the voters comply with a specified schedule
leading up to the day of the election.
This bill would call a statewide special election to be held on
May 19, 2009. The bill would place 5 measures before the voters at
that election, including (1) a legislative constitutional amendment
relating to budget reform, (2) a legislative constitutional amendment
relating to education finance, (3) a legislative measure relating to
the California State Lottery, (4) a legislative measure relating to
Proposition 10 approved by the voters at the November 3, 1998,
statewide general election, and (5) a legislative measure relating to
Proposition 63 approved by the voters at the November 2, 2004,
statewide general election. This bill would further set forth
language to be used for the ballot labels and the ballot titles and
summaries for those measures. In addition, this bill would waive
certain statutory deadlines for placement of those measures before
the voters at the May 19, 2009, statewide special election, and would
specify that the ballot label public examination period be limited
to 8 days.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
This bill would declare that it is to take effect immediately as
an act calling an election.
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. A statewide special election is hereby called to be
held throughout the state on May 19, 2009. Notwithstanding Sections
10403 and 10406 of the Elections Code or any other provision of law,
any county, municipal, district, or other election scheduled to be
held during the period from May 19, 2009, to June 2, 2009, inclusive,
may be scheduled and held on May 19, 2009, and consolidated with the
statewide special election called by this act.
SEC. 2. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and
9082 of the Elections Code or any other provision of law, the
Secretary of State shall submit Senate Constitutional Amendment 13 of
the 2007-08 Regular Session, as amended by Assembly Constitutional
Amendment 1 or Senate Constitutional Amendment 1 of the 2009-10 Third
Extraordinary Session, to the voters at the May 19, 2009, statewide
special election.
(b) Notwithstanding Sections 13115 and 13117 of the Elections
Code, the measure described in subdivision (a) shall be placed as the
first ballot measure on the May 19, 2009, statewide special election
ballot and shall be designated as Proposition 1A.
(c) (1) Notwithstanding Sections 13247 and 13281 of the Elections
Code or any other provision of law, all ballots for the May 19, 2009,
statewide special election shall have printed thereon as the ballot
label for Proposition 1A the following:
"'RAINY DAY' BUDGET STABILIZATION FUND. Reforms the budget
process. Limits future deficits and overspending by increasing the
size of the state 'rainy day' fund and requiring above-average
revenues to be deposited into it, for use during economic downturns."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot label
for the condensed statement of the ballot title, and the Attorney
General shall not supplement, subtract from, or revise that language,
except that the Attorney General shall include the financial impact
summary prepared pursuant to Section 9087 of the Elections Code and
Section 88003 of the Government Code. The ballot label is the
condensed statement of the ballot title and the financial impact
summary.
(d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the
Elections Code or any other provision of law, the Secretary of State
shall use the following as the ballot title and summary for
Proposition 1A:
"STABILIZES STATE BUDGET. REFORMS CALIFORNIA BUDGET PROCESS.
LIMITS STATE SPENDING. INCREASES 'RAINY DAY' BUDGET STABILIZATION
FUND. Increases size of state 'rainy day' fund from 5% to 12.5% of
the General Fund. A portion of the annual deposits into that fund
would be dedicated to savings for future economic downturns, and the
remainder would be available to fund education, infrastructure, and
debt repayment, or for use in a declared emergency. Requires
additional revenue above historic trends to be deposited into state
'rainy day' fund, limiting unsustainable spending of one-time spikes
in revenue."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot title
and summary, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General
shall include the financial impact summary prepared pursuant to
Section 9087 of the Elections Code and Section 88003 of the
Government Code.
(e) At the appropriate location on the ballot, in the manner
prescribed by law, there shall be provided the opportunity for voters
to indicate whether they vote for or against the measure.
(f) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choices by means thereof are in compliance
with this section.
SEC. 3. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and
9082 of the Elections Code or any other provision of law, the
Secretary of State shall submit Assembly Constitutional Amendment 2
or Senate Constitutional Amendment 2 of the 2009-10 Third
Extraordinary Session to the voters at the May 19, 2009, statewide
special election.
(b) Notwithstanding Sections 13115 and 13117 of the Elections
Code, the measure described in subdivision (a) shall be placed as the
second ballot measure on the May 19, 2009, statewide special
election ballot and shall be designated as Proposition 1B.
(c) (1) Notwithstanding Sections 13247 and 13281 of the Elections
Code or any other provision of law, all ballots for the May 19, 2009,
statewide special election shall have printed thereon as the ballot
label for Proposition 1B the following:
"EDUCATION FUNDING. PAYMENT PLAN. Requires supplemental payments
to local school districts and community colleges to address recent
budget cuts."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot label
for the condensed statement of the ballot title, and the Attorney
General shall not supplement, subtract from, or revise that language,
except that the Attorney General shall include the financial impact
summary prepared pursuant to Section 9087 of the Elections Code and
Section 88003 of the Government Code. The ballot label is the
condensed statement of the ballot title and the financial impact
summary.
(d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the
Elections Code or any other provision of law, the Secretary of State
shall use the following as the ballot title and summary for
Proposition 1B:
"EDUCATION FUNDING. PAYMENT PLAN. Requires supplemental payments
to local school districts and community colleges to address recent
budget cuts. Annual payments begin in 2011-12. Payments are funded
from the state's Budget Stabilization Fund until the total amount has
been paid. Payments to local school districts will be allocated in
proportion to average daily attendance and may be used for classroom
instruction, textbooks and other local educational programs."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot title
and summary, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General
shall include the financial impact summary prepared pursuant to
Section 9087 of the Elections Code and Section 88003 of the
Government Code.
(e) At the appropriate location on the ballot, in the manner
prescribed by law, there shall be provided the opportunity for voters
to indicate whether they vote for or against the measure.
(f) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choices by means thereof are in compliance
with this section.
SEC. 4. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and
9082 of the Elections Code or any other provision of law, the
Secretary of State shall submit to the voters as a single measure at
the May 19, 2009, statewide special election Senate Constitutional
Amendment 12 of the 2007-08 Regular Session and the provisions of
Sections 1 to 7, inclusive, Section 12, and Sections 14 to 17,
inclusive, of Assembly Bill 1654 of the 2007-08 Regular Session, as
amended by Assembly Bill 12 or Senate Bill 12 of the 2009-10 Third
Extraordinary Session.
(b) Notwithstanding Sections 13115 and 13117 of the Elections
Code, the measure described in subdivision (a) shall be placed as the
third ballot measure on the May 19, 2009, statewide special election
ballot and shall be designated as Proposition 1C.
(c) (1) Notwithstanding Sections 13247 and 13281 of the Elections
Code or any other provision of law, all ballots for the May 19, 2009,
statewide special election shall have printed thereon as the ballot
label for Proposition 1C the following:
"LOTTERY MODERNIZATION ACT. Allows the state lottery to be
modernized to improve its performance with increased payouts,
improved marketing, and effective management. Requires the state to
maintain ownership of the lottery and authorizes additional
accountability measures. Protects funding levels for schools
currently provided by lottery revenues. Increased lottery revenues
will be used to address current budget deficit and reduce the need
for additional tax increases and cuts to state programs."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot label
for the condensed statement of the ballot title, and the Attorney
General shall not supplement, subtract from, or revise that language,
except that the Attorney General shall include the financial impact
summary prepared pursuant to Section 9087 of the Elections Code and
Section 88003 of the Government Code. The ballot label is the
condensed statement of the ballot title and the financial impact
summary.
(d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the
Elections Code or any other provision of law, the Secretary of State
shall use the following as the ballot title and summary for
Proposition 1C:
"LOTTERY MODERNIZATION ACT. Allows the state lottery to be
modernized to improve its performance with increased payouts,
improved marketing, and effective management. Requires the state to
maintain ownership of the lottery and authorizes additional
accountability measures. Protects funding levels for schools
currently provided by lottery revenues. Increased lottery revenues
will be used to address current budget deficit and reduce the need
for additional tax increases and cuts to state programs."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot title
and summary, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General
shall include the financial impact summary prepared pursuant to
Section 9087 of the Elections Code and Section 88003 of the
Government Code.
(e) At the appropriate location on the ballot, in the manner
prescribed by law, there shall be provided the opportunity for voters
to indicate whether they vote for or against the measure.
(f) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choices by means thereof are in compliance
with this section.
SEC. 5. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and
9082 of the Elections Code or any other provision of law, the
Secretary of State shall submit the provisions of Assembly Bill 9 or
Senate Bill 9 of the 2009-10 Third Extraordinary Session to the
voters at the May 19, 2009, statewide special election.
(b) Notwithstanding Sections 13115 and 13117 of the Elections
Code, the measure described in subdivision (a) shall be placed as the
fourth ballot measure on the May 19, 2009, statewide special
election ballot and shall be designated as Proposition 1D.
(c) (1) Notwithstanding Sections 13247 and 13281 of the Elections
Code or any other provision of law, all ballots for the May 19, 2009,
statewide special election shall have printed thereon as the ballot
label for Proposition 1D the following:
"CHILDREN'S SERVICES FUNDING. Temporarily provides greater
flexibility in funding to preserve health and human services for
young children while helping balance the state budget in a difficult
economy."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot label
for the condensed statement of the ballot title, and the Attorney
General shall not supplement, subtract from, or revise that language,
except that the Attorney General shall include the financial impact
summary prepared pursuant to Section 9087 of the Elections Code and
Section 88003 of the Government Code. The ballot label is the
condensed statement of the ballot title and the financial impact
summary.
(d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the
Elections Code or any other provision of law, the Secretary of State
shall use the following as the ballot title and summary for
Proposition 1D:
"PROTECTS CHILDREN'S SERVICES FUNDING. HELPS BALANCE STATE BUDGET.
Provides more than $600 million to protect children's programs in
difficult economic times. Redirects existing tobacco tax money to
protect health and human services for children, including services
for at-risk families, services for children with disabilities, and
services for foster children. Temporarily allows the redirection of
existing money to fund health and human service programs for children
5 years old and under. Ensures counties retain funding for local
priorities. Helps balance state budget."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot title
and summary, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General
shall include the financial impact summary prepared pursuant to
Section 9087 of the Elections Code and Section 88003 of the
Government Code.
(e) At the appropriate location on the ballot, in the manner
prescribed by law, there shall be provided the opportunity for voters
to indicate whether they vote for or against the measure.
(f) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choices by means thereof are in compliance
with this section.
SEC. 6. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and
9082 of the Elections Code or any other provision of law, the
Secretary of State shall submit Assembly Bill 10 or Senate Bill 10 of
the 2009-10 Third Extraordinary Session to the voters at the May 19,
2009, statewide special election.
(b) Notwithstanding Sections 13115 and 13117 of the Elections
Code, the measure described in subdivision (a) shall be placed as the
fifth ballot measure on the May 19, 2009, statewide special election
ballot and shall be designated as Proposition 1E.
(c) (1) Notwithstanding Sections 13247 and 13281 of the Elections
Code or any other provision of law, all ballots for the May 19, 2009,
statewide special election shall have printed thereon as the ballot
label for Proposition 1E the following:
"MENTAL HEALTH FUNDING BUDGET. Helps balance the state budget and
preserve funding for children's mental health services by providing
temporary flexibility in the Mental Health Services Act to fund the
Early and Periodic Screening, Diagnosis, and Treatment Program for
children."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot label
for the condensed statement of the ballot title, and the Attorney
General shall not supplement, subtract from, or revise that language,
except that the Attorney General shall include the financial impact
summary prepared pursuant to Section 9087 of the Elections Code and
Section 88003 of the Government Code. The ballot label is the
condensed statement of the ballot title and the financial impact
summary.
(d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the
Elections Code or any other provision of law, the Secretary of State
shall use the following as the ballot title and summary for
Proposition 1E:
"ENSURES FUNDING FOR CHILDREN'S MENTAL HEALTH SERVICES. HELPS
BALANCE STATE BUDGET. Guarantees that certain funding intended for
mental health programs goes toward mental health services for
children. Provides a temporary, two-year flexibility in the Mental
Health Services Act (Proposition 63 of 2004) to allow the state to
fund the Early and Periodic Screening, Diagnosis, and Treatment
Program for children and young adults under age 21. Guarantees and
protects more than $225 million in flexible funding for mental health
programs. Helps balance state budget during this difficult economic
time."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot title
and summary, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General
shall include the financial impact summary prepared pursuant to
Section 9087 of the Elections Code and Section 88003 of the
Government Code.
(e) At the appropriate location on the ballot, in the manner
prescribed by law, there shall be provided the opportunity for voters
to indicate whether they vote for or against the measure.
(f) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choices by means thereof are in compliance
with this section.
SEC. 7. (a) The Secretary of State shall include in the ballot
pamphlets mailed pursuant to Section 9094 of the Elections Code the
information specified in Section 9084 of the Elections Code regarding
all of the following:
(1) Proposition 1A, as described in subdivision (a) of Section 2.
(2) Proposition 1B, as described in subdivision (a) of Section 3.
(3) Proposition 1C, as described in subdivision (a) of Section 4.
(4) Proposition 1D, as described in subdivision (a) of Section 5.
(5) Proposition 1E, as described in subdivision (a) of Section 6.
(b) Notwithstanding Section 9054 of the Elections Code or any
other provision of law, the translations of the ballot titles and the
condensed statements of the ballot titles required pursuant to
Section 9054 may be made available for public examination at a later
date than the start of the public examination period for the ballot
pamphlet, provided that the translations of the ballot titles and the
condensed statements of the ballot titles must remain available for
public examination for eight days.
(c) Notwithstanding Section 13282 of the Elections Code or any
other provision of law, the public shall be permitted to examine the
condensed statements of the ballot titles for eight days. Any voter
may seek a writ of mandate for the purpose of requiring the condensed
statements of the ballot titles, or portions thereof, to be amended
or deleted only within that eight-day period.
SEC. 8. This act addresses the fiscal emergency declared by the
Governor by proclamation on December 19, 2008, pursuant to
subdivision (f) of Section 10 of Article IV of the California
Constitution.
SEC. 9. This act calls an election within the meaning of Article
IV of the Constitution and shall go into immediate effect.
SEC. 10. 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 ensure that the measures identified in this act be
placed on the ballot for the approval of the people at the earliest
possible time to address the state's current budgetary crisis, it is
necessary that this act take effect immediately.