BILL NUMBER: AB 65	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gatto

                        DECEMBER 9, 2010

   An act to amend Section 9087 of the Elections Code, and to amend
Section 88003 of the Government Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 65, as introduced, Gatto. Initiatives: fiscal impact:
disclaimer.
   Existing law requires that a ballot pamphlet containing
information regarding each statewide measure to appear on a statewide
election ballot be prepared by the Secretary of State. Existing law
further requires the Legislative Analyst to prepare for the ballot
pamphlet an analysis of each statewide measure, including a fiscal
analysis of each measure showing the amount of any increase or
decrease in revenue or cost to state or local government. Existing
law requires that for a statewide measure that would result in
increased cost to the state, that the Legislative Analyst provide an
analysis of the measure's estimated impact on the state, including an
estimate of the percentage of the General Fund that would be
expended due to the measure.
   This bill would further require that, if the Legislative Analyst
determines that an initiative measure on the ballot would have a
fiscal impact on the General Fund for which additional revenues in an
amount that meets or exceeds the net increase in costs are not
provided, a statement be included in the ballot pamphlet that the
initiative measure will have an impact on the state's General Fund,
which will affect the ability of the Legislature to provide funding
for enumerated General Fund purposes.
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
   The act also provides that, notwithstanding this requirement, the
Legislature may amend specified provisions to add to the ballot
pamphlet information regarding candidates or other information.
   This bill, which would permit or require additional information to
be included in the ballot pamphlet, would therefore require a
majority vote.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 9087 of the Elections Code is amended to read:
   9087.  (a)  (1)    The Legislative Analyst shall
prepare an impartial analysis of the measure describing the measure
and including a fiscal analysis of the measure showing the amount of
any increase or decrease in revenue or cost to state or local
government. If it is estimated that a measure would result in
increased cost to the state, an analysis of the measure's estimated
impact on the state shall be provided, including an estimate of the
percentage of the General Fund that would be expended due to the
measure, using visual aids when appropriate. An estimate of increased
cost to the state or local governments shall be set out in boldface
print in the ballot pamphlet. 
   (2) The Legislative Analyst's analysis required in paragraph (1)
shall also determine whether an initiative measure will have a fiscal
impact on the General Fund for which additional revenues in an
amount that meets or exceeds the net increase in costs that impact
the General Fund are not provided. If the Legislative Analyst
determines that such additional revenues are not provided by the
measure, the ballot pamphlet shall include the following statement:
 
   "This initiative measure will have an impact on the state's
General Fund, which will affect the ability of the Legislature to
provide funding for such General Fund purposes as public K-12
education, higher education, public health and human services
programs, and environmental protection, and such state and local
funding priorities as public safety, police, and fire protection,
even during times of crisis." 
   (b) The analysis shall be written in clear and concise terms, so
as to be easily understood by the average voter, and shall avoid the
use of technical terms wherever possible. The analysis may contain
background information, including the effect of the measure on
existing law and the effect of enacted legislation which will become
effective if the measure is adopted, and shall generally set forth in
an impartial manner the information the average voter needs to
adequately understand the measure. To the extent practicable, the
Legislative Analyst shall utilize a uniform method in each analysis
to describe the estimated increase or decrease in revenue or cost of
a measure, so that the average voter may draw comparisons among the
fiscal impacts of measures. The condensed statement of the fiscal
impact summary for the measure prepared by the Attorney General to
appear on the ballot shall contain the uniform estimate of increase
or decrease in revenue or cost of the measure prepared pursuant to
this subdivision.
   (c) The Legislative Analyst may contract with a professional
writer, educational specialist, or another person for assistance in
writing an analysis that fulfills the requirements of this section,
including the requirement that the analysis be written so that it
will be easily understood by the average voter. The Legislative
Analyst may also request the assistance of a state department,
agency, or official in preparing his or her analysis.
   (d) Prior to submitting the analysis to the Secretary of State,
the Legislative Analyst shall submit the analysis to a committee of
five persons, appointed by the Legislative Analyst, for the purpose
of reviewing the analysis to confirm its clarity and easy
comprehension to the average voter. The committee shall be drawn from
the public at large, and one member shall be a specialist in
education, one member shall be bilingual, and one member shall be a
professional writer. Members of the committee shall be reimbursed for
reasonable and necessary expenses incurred in performing their
duties. Within five days of the submission of the analysis to the
committee, the committee shall make recommendations to the
Legislative Analyst as it deems appropriate to guarantee that the
analysis can be easily understood by the average voter. The
Legislative Analyst shall consider the committee's recommendations,
and he or she shall incorporate in the analysis those changes
recommended by the committee that he or she deems to be appropriate.
The Legislative Analyst is solely responsible for determining the
content of the analysis required by this section.
   (e) The title of the measure that appears on the ballot shall be
amended to contain a summary of the Legislative Analyst's estimate of
the net state and local government fiscal impact.
  SEC. 2.  Section 88003 of the Government Code is amended to read:
   88003.   (a)     (1)    The
Legislative Analyst shall prepare an impartial analysis of the
measure describing the measure and including a fiscal analysis of the
measure showing the amount of any increase or decrease in revenue or
cost to state or local government.  Any estimate of
increased cost to   If it is estimated that a measure
would result in increased cost to the state, an analysis of the
measure's estimated impact on the state shall be provided, including
an estimate of the percentage of the General Fund   that
would be expended due to the measure, using visual aids when
appropriate. An estimate of increased cost to the state or 
local governments shall be set out in boldface print in the ballot
pamphlet.  The  
   (2) The Legislative Analyst's analysis required in paragraph (1)
shall also determine whether an initiative measure will have a fiscal
impact on the General Fund for which additional revenues in an
amount that meets or exceeds the net increase in costs that impact
the General Fund are not provided. If the Legislative Analyst
determines that such additional revenues are not provided by the
measure, the ballot pamphlet shall include the following statement:
 
   "This initiative measure will have an impact on the state's
General Fund, which will affect the ability of the Legislature to
provide funding for such General Fund purposes as public K-12
education, higher education, public health and human services
programs, and environmental protection, and such state and local
funding priorities as public safety, police, and fire protection,
even during times of crisis." 
    (b)     The  analysis shall be written
in clear and concise terms  which will   , so
as to be  easily  be  understood by the average
voter, and shall avoid the use of technical terms wherever possible.
The analysis may contain background information, including the
effect of the measure on existing law and the effect of enacted
legislation which will become effective if the measure is adopted,
and shall generally set forth in an impartial manner the information
 which  the average voter needs to  adequately
 understand the measure  adequately  . 
The   To the extent practicable, the Legislative 
 Analyst shall utilize a uniform method in each analysis to
describe the estimated increase or decrease in revenue or cost of a
measure, so that the average voter may draw comparisons among the
fiscal impacts of measures. The condensed statement of the fiscal
impact summary for the measure prepared by the Attorney General to
appear on the ballot shall contain the uniform estimate of increase
or decrease in revenue or cost of the measure prepared pursuant to
this subdivision. 
    (c)     The  Legislative Analyst may
contract with  a  professional  writers 
 writer , educational  specialists  
specialist,  or  other persons   another
person  for assistance in writing an analysis that fulfills the
requirements of this section, including the requirement that the
analysis be written so that it will be easily understood by the
average voter. The Legislative Analyst may also request the
assistance of  any   a  state department,
agency, or official in preparing his or her analysis.  Prior

    (d)     Prior  to  submission
of   submitting  the analysis to the Secretary of
State, the Legislative Analyst shall submit the analysis to a
committee of five persons appointed by the Legislative 
analyst   Analyst,  for the purpose of reviewing
the analysis to confirm its clarity and easy comprehension to the
average voter. The committee shall be drawn from the public at large,
and one member shall be a specialist in education, one  member
 shall be bilingual, and one  member  shall be a
professional writer. Members of the committee shall be reimbursed for
reasonable and necessary expenses incurred in performing their
duties. Within five days of the submission of the analysis to the
committee, the committee shall make  such 
recommendations to the Legislative Analyst as it deems appropriate to
guarantee that the analysis can be easily understood by the average
voter. The Legislative Analyst shall consider the committee's
recommendations, and he or she shall incorporate in the analysis
those changes recommended by the committee that he or she deems to be
appropriate. The Legislative Analyst is solely responsible for
determining the content of the analysis required by this section.
 The 
    (e)     The  title of the measure
 which   that  appears on the ballot shall
be amended to contain a summary of the Legislative Analyst's estimate
of the net state and local government  financial 
 fiscal  impact.
  SEC. 3.  The Legislature finds and declares that this act amends
the Political Reform Act of 1974 by permitting or requiring the
inclusion of additional information on the ballot pamphlet in
accordance with Section 88007 of the Government Code.