BILL NUMBER: AB 65 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 27, 2011
AMENDED IN ASSEMBLY MARCH 22, 2011
AMENDED IN ASSEMBLY FEBRUARY 2, 2011
INTRODUCED BY Assembly Member Gatto
DECEMBER 9, 2010
An act to amend Sections 9084 and 9086 of the Elections
Code, and to amend Sections 88001 and 88002 of the Government Code,
relating An act to amend Sections 9005 and 9087 of the
Elections Code, and to amend Section 88003 of the Government Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 65, as amended, Gatto. Elections: statewide ballot pamphlet.
Existing law directs the Attorney General, in preparing a
circulating title and summary for a proposed ballot initiative, to
include an estimate of the amount of increase or decrease of revenues
or costs to the state. Existing law requires the Department of
Finance and the Joint Legislative Budget Committee to jointly make
and deliver that estimate to the Attorney General so that he or she
may include it in the circulating title and summary.
This bill would, except as specified, based on a determination in
the fiscal analysis by the Department of Finance and the Joint
Legislative Budget Committee that a measure would provide new
revenues for new or existing programs, require that specified
language be provided to the Attorney General that may be included in
the circulating title and summary advising that the revenue generated
by the measure will be irrevocably and forever dedicated for the
purposes specified in the measure unless the measure is amended by
the electors or amended in any other manner provided for in the
measure.
Existing law directs the Legislative Analyst to prepare an
unbiased fiscal analysis of a measure that is included in the ballot
pamphlet stating whether the measure would result in increased or
decreased costs to the state and an estimate of those costs or
savings.
This bill would, except as specified, require, if a fiscal
analysis prepared by the Legislative Analyst determines that a
measure would provide new revenues for new or existing programs, that
specified language be added to the ballot pamphlet advising that the
revenue generated by the measure will be irrevocably and forever
dedicated for the purposes specified in the measure unless the
measure is amended by the electors or amended in any other manner
provided for in the measure.
Existing law specifies information that must be included in the
statewide ballot pamphlet for each state measure to be voted upon.
This bill would require the Secretary of State to include in the
ballot pamphlet a list of the 5 highest contributors of $50,000 or
more to each primarily formed committee supporting each state measure
and a list of the 5 highest contributors of $50,000 or more to each
primarily formed committee opposing each state measure, as well as
the total amount of their contributions, as of 110 days before
election day.
The Political Reform Act of 1974, an initiative measure, generally
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 9005 of the
Elections Code is amended to read:
9005. (a) The Attorney General, in preparing a circulating title
and summary for a proposed initiative measure, shall, in boldface
print, include in the circulating title and summary either the
estimate of the amount of any increase or decrease in revenues or
costs to the state or local government, or an opinion as to whether
or not a substantial net change in state or local finances would
result if the proposed initiative is adopted.
(b) The estimate as required by this section shall be made jointly
by the Department of Finance and the Joint Legislative Budget
Committee, who shall deliver the estimate to the Attorney General so
that he or she may include the estimate in the circulating title and
summary prepared by him or her.
(c) The estimate shall be delivered to the Attorney General within
25 working days from the date of receipt of the final version of the
proposed initiative measure from the Attorney General, unless, in
the opinion of both the Department of Finance and the Joint
Legislative Budget Committee, a reasonable estimate of the net impact
of the proposed initiative measure cannot be prepared within the
25-day period. In the latter case, the Department of Finance and the
Joint Legislative Budget Committee shall, within the 25-day period,
give the Attorney General their opinion as to whether or not a
substantial net change in state or local finances would result if the
proposed initiative measure is adopted.
(d) A statement of fiscal impact prepared by the Legislative
Analyst pursuant to subdivision (b) of Section 12172 of the
Government Code may be used by the Department of Finance and the
Joint Legislative Budget Committee in the preparation of the fiscal
estimate or the opinion.
(e) (1) Except as provided in paragraph (2), if an initiative
measure submitted for circulating title and summary is determined in
the joint analysis of the Joint Legislative Budget Committee and
Department of Finance to provide new revenues for new or existing
programs, a paragraph shall be provided to the Attorney General, at
the same time as the estimate provided pursuant to subdivision (c),
which may be included in the circulating title and summary prepared
by the Attorney General pursuant to Section 9004, stating as follows:
"The revenue generated by this measure will be irrevocably and
forever dedicated to the purposes specified in the measure unless the
measure is amended by the electors or amended in another manner
provided for in the measure."
(2) Paragraph (1) shall not apply if the initiative measure
provides that the new revenues are to be deposited without
restriction into the General Fund commencing at a future date after
its enactment.
SEC. 2. Section 9087 of the Elections
Code is amended to read:
9087. (a) 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.
(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.
(f) (1) Except as provided in paragraph (2), if a measure
qualifies for the ballot and the Legislative Analyst's analysis
prepared pursuant to this section determines that the measure would
provide new revenues for new or existing programs, a paragraph shall
be added to the summary statement prepared pursuant to Section 9085
of the ballot pamphlet prepared pursuant to Section 9081, stating as
follows:
"The revenue generated by this measure will be irrevocably and
forever dedicated to the purposes specified in the measure unless the
measure is amended by the electors or amended in another manner
provided for in the measure."
(2) Paragraph (1) shall not apply if the measure provides that the
new revenues are to be deposited without restriction into the
General Fund commencing at a future date after its enactment.
SEC. 3. Section 88003 of the Government
Code is amended to read:
88003. (a) 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 local governments shall
be set out in boldface print in the ballot pamphlet. The analysis
shall be written in clear and concise terms which will 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 understand
the measure adequately. The Legislative Analyst may contract with
professional writers, educational specialists or other persons 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 state
department, agency, or official in preparing his or her analysis.
Prior to submission of 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 shall
be bilingual, and one 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 title of the measure which 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 impact.
(b) (1) Except as provided in paragraph (2), if a measure
qualifies for the ballot and the Legislative Analyst's analysis
prepared pursuant to this section determines that the measure would
provide new revenues for new or existing programs, a paragraph shall
be added to the summary statement prepared pursuant to Section 9085
of the Elections Code of the ballot pamphlet prepared pursuant to
Section 9081 of the Elections Code, stating as follows:
"The revenue generated by this measure will be irrevocably and
forever dedicated to the purposes specified in the measure unless the
measure is amended by the electors or amended in another manner
provided for in the measure."
(2) Paragraph (1) shall not apply if the measure provides that the
new revenues are to be deposited without restriction into the
General Fund commencing at a future date after its enactment.
SEC. 4. The Legislature finds and declares that
this act permits or requires the inclusion of additional information
on the ballot pamphlet in accordance with Section 88007 of the
Government Code.
SECTION 1. Section 9084 of the Elections Code
is amended to read:
9084. (a) The ballot pamphlet shall contain all of the following:
(1) A complete copy of each state measure.
(2) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.
(3) A copy of the arguments and rebuttals for and against each
state measure.
(4) A copy of the analysis of each state measure.
(5) Tables of contents, indexes, artwork, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
(6) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
(7) A written explanation of the judicial retention procedure as
required by Section 9083.
(8) The Voter Bill of Rights pursuant to Section 2300.
(9) (A) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee
supporting each state measure and the total amount of each of their
contributions as of 110 days before election day.
(B) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee opposing
each state measure and the total amount of each of their
contributions as of 110 days before election day.
(C) Following the lists described in subparagraphs (A) and (B)
shall be a statement that the lists reflect only the highest
contributors of fifty thousand dollars ($50,000) or more as of 110
days before election day. For purposes of this paragraph, all of the
following apply:
(i) If a contributor is a committee controlled by a candidate, the
name of the candidate shall be listed.
(ii) If a contributor is a sponsored committee, the name of the
sponsor shall be listed.
(iii) The definitions set forth in Chapter 2 (commencing with
Section 82000) of Title 9 of the Government Code apply to this
paragraph.
(b) If the ballot contains an election for the office of United
States Senator, the ballot pamphlet shall contain information on the
candidates for United States Senator. A candidate for United States
Senator may purchase the space to place a statement in the state
ballot pamphlet that does not exceed 250 words. The statement may not
make any reference to any opponent of the candidate. The statement
may be submitted in accordance with timeframes and procedures set
forth by the Secretary of State for the preparation of the state
ballot pamphlet.
(c) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, the ballot pamphlet
shall contain information on the justices of the Supreme Court who
are subject to confirmation or retention.
(d) If the ballot contains an election for the offices of
President and Vice President of the United States, the ballot
pamphlet shall contain a notice that refers voters to the Secretary
of State's Internet Web site for information about the candidates for
the offices of President and Vice President of the United States.
SEC. 2. Section 9086 of the Elections Code is
amended to read:
9086. The ballot pamphlet shall contain as to each state measure
to be voted upon, the following, in the order set forth in this
section:
(a) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:
(1) Identification of the measure by number and title.
(2) The official summary prepared by the Attorney General.
(3) The total number of votes cast for and against the measure in
both the State Senate and Assembly, if the measure was passed by the
Legislature.
(b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
the analysis shall begin on the lower portion of the first left page
and shall continue on subsequent pages until it is completed.
(c) Immediately below the analysis by the Legislative Analyst
shall appear a list of the five highest contributors of fifty
thousand dollars ($50,000) or more to each primarily formed committee
supporting each state measure and a list of the five highest
contributors of fifty thousand dollars ($50,000) or more to each
primarily formed committee opposing each state measure, as required
by paragraph (9) of subdivision (a) of Section 9084.
(d) Arguments for and against the measure shall be placed on the
next left and right pages, respectively, following the final page of
the analysis of the Legislative Analyst. The rebuttals shall be
placed immediately below the arguments.
(e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
(f) The complete text of each measure shall appear at the back of
the pamphlet. The text of the measure shall contain the provisions
of the proposed measure and the existing provisions of law repealed
or revised by the measure. The provisions of the proposed measure
differing from the existing provisions of law affected shall be
distinguished in print, so as to facilitate comparison.
(g) The following statement shall be printed at the bottom of
each page where arguments appear: "Arguments printed on this page are
the opinions of the authors and have not been checked for accuracy
by any official agency."
SEC. 3. Section 88001 of the Government Code is
amended to read:
88001. (a) The ballot pamphlet shall contain all of the
following:
(1) A complete copy of each state measure.
(2) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.
(3) A copy of the arguments and rebuttals for and against each
state measure.
(4) A copy of the analysis of each state measure.
(5) Tables of contents, indexes, artwork, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
(6) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
(7) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.
(8) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.
(9) (A) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee
supporting each state measure and the total amount of each of their
contributions as of 110 days before election day.
(B) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee opposing
each state measure and the total amount of each of their
contributions as of 110 days before election day.
(C) Following the lists described in subparagraphs (A) and (B)
shall be a statement that the lists reflect only the highest
contributors of fifty thousand dollars ($50,000) or more as of 110
days before election day. For purposes of this paragraph, all of the
following apply:
(i) If a contributor is a committee controlled by a candidate, the
name of the candidate shall be listed.
(ii) If a contributor is a sponsored committee, the name of the
sponsor shall be listed.
(b) If the ballot contains an election for the office of United
States Senator, the ballot pamphlet shall contain information on the
candidates for United States Senator. A candidate for United States
Senator may purchase the space to place a statement in the state
ballot pamphlet that does not exceed 250 words. The statement shall
not make any reference to any opponent of the candidate. The
statement shall be submitted in accordance with timeframes and
procedures set forth by the Secretary of State for the preparation of
the state ballot pamphlet.
(c) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, the ballot pamphlet
shall contain information on the justices of the Supreme Court who
are subject to confirmation or retention.
(d) If the ballot contains an election for the offices of
President and Vice President of the United States, the ballot
pamphlet shall contain a notice that refers voters to the Secretary
of State's Internet Web site for information about the candidates for
the offices of President and Vice President of the United States.
(e) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.
SEC. 4. Section 88002 of the Government Code is
amended to read:
88002. The ballot pamphlet shall contain as to each state measure
to be voted upon, the following in the order set forth in this
section:
(a) Upon the top portion of the first page and not exceeding
one-third of the page shall appear:
(1) The identification of the measure by number and title.
(2) The official summary prepared by the Attorney General.
(3) The total number of votes cast for and against the measure in
both the State Senate and Assembly if the measure was passed by the
Legislature.
(b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
then the analysis shall begin on the lower portion of the first left
page and shall continue on subsequent pages until it is completed.
(c) Immediately below the analysis by the Legislative Analyst
shall appear a list of the five highest contributors of fifty
thousand dollars ($50,000) or more to each primarily formed committee
supporting each state measure and a list of the five highest
contributors of fifty thousand dollars ($50,000) or more to each
primarily formed committee opposing each state measure, as required
by paragraph (9) of subdivision (a) of Section 88001.
(d) Arguments for and against the measure shall be placed on the
next left and right pages, respectively, following the page on which
the analysis of the Legislative Analyst ends. The rebuttals shall be
placed immediately below the arguments.
(e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
(f) The complete text of each measure shall appear at the back of
the pamphlet. The text of the measure shall contain the provisions
of the proposed measure and the existing provisions of law repealed
or revised by the measure. The provisions of the proposed measure
differing from the existing provisions of law affected shall be
distinguished in print, so as to facilitate comparison.
(g) The following statement shall be printed at the bottom of
each page where arguments appear: "Arguments printed on this page are
the opinions of the authors and have not been checked for accuracy
by any official agency."
SEC. 5. 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.