BILL NUMBER: AB 65	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 13, 2011
	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 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.
    The California Constitution requires the Attorney General to
prepare a title and summary of an initiative measure prior to its
circulation for signatures.  Existing law directs the Attorney
General, in preparing  a   the  circulating
title and summary for  a proposed ballot   an
 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  
, which advises  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   changed by a future initiative, be
provided to the Attorney General and included in the circulatory
title and summary  .
    The Political Reform Act of 1974 requires the Legislative
Analyst to prepare an impartial analysis of each initiative measure
to appear on the ballot, and provides that the Legislative Analyst is
solely responsible for determining the content of the analysis.
 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. 
   The Political Reform Act of 1974, an initiative statute, 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 of
the act to add to the ballot pamphlet information regarding
candidates or other information. 
   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   to  the
purposes specified in the measure unless the measure is 
amended by the electors or amended in any other manner provided for
in the   changed by a future initiative  measure.
 The bill also would contain a finding and declaration of the
Legislature that the bill permits or requires additional information
to be included in the ballot pamphlet in accordance with the
provision of the Political Reform Act of 1974 described above that
authorizes the Legislature to add information to the ballot pamphlet.

   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   shall  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."  
   "Unless changed by a future initiative, the taxpayer dollars
generated by this initiative will be forever dedicated to the
purposes listed in this initiative, and cannot be used by the state
for any other purpose, even during a budget emergency." 
   (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
  an initiative  measure qualifies for the ballot
and the Legislative Analyst's analysis prepared pursuant to this
section determines that the  initiative  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."  
   "Unless changed by a future initiative, the taxpayer dollars
generated by this initiative will be forever dedicated to the
purposes listed in this initiative, and cannot be used by the state
for any other purpose, even during a budget emergency." 
   (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
  an initiative  measure qualifies for the ballot
and the Legislative Analyst's analysis prepared pursuant to this
section determines that the  initiative  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."  
   "Unless changed by a future initiative, the taxpayer dollars
generated by this initiative will be forever dedicated to the
purposes listed in this initiative, and cannot be used by the state
for any other purpose, even during a budget emergency." 
   (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.