BILL NUMBER: AB 65 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2011
AMENDED IN SENATE AUGUST 24, 2011
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
Section 9085 of the Elections Code, and to amend Section
88003 88002.5 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 the circulating title and summary for 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, which advises that the revenue generated by the measure
will be forever dedicated for the purposes specified in the measure
unless the measure is 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 act requires 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 increase
or decreased costs decrease any revenue
or cost to the state and an
estimate of those costs or savings or local government
. Existing law also requires the Legislative Analyst to
prep are for inclusion in the ballot pamphlet a summary
statement regarding the general meaning and effect of "yes" and "no"
votes on each state measure.
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 without restriction 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 an increase in
revenues for to fund new or
existing programs, that specified language be added to the
at the end of the "yes" and "no" summary statement in
the ballot pamphlet advising that the revenue generated by the
measure will be forever dedicated to the purposes specified in the
measure unless the measure is changed by a future initiative
measure approved by the voters . 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 9085 of the
Elections Code is amended to read:
9085. (a) The ballot pamphlet shall also contain a section,
located near the front of the pamphlet, that provides a concise
summary of the general meaning and effect of "yes" and "no" votes on
each state measure.
(b) The summary statements required by this section shall be
prepared by the Legislative Analyst. These statements are not
intended to provide comprehensive information on each measure. The
Legislative Analyst shall be solely responsible for determining the
contents of these statements. The statements shall be available for
public examination and amendment pursuant to Section 9092.
(c) (1) Except as provided in paragraph (2), if an initiative
measure qualifies for the ballot and the analysis prepared pursuant
to Section 9087 determines that the initiative measure would provide
for an increase in revenues to fund new or existing programs, the
Legislative Analyst shall add a paragraph at the end of the summary
statement prepared pursuant to this section, stating as follows:
"The following disclaimer is provided pursuant to Assembly Bill
No. 65 of the 2011-12 Regular Session, as enacted:
Unless changed by a future measure approved by the voters, the
taxpayer dollars generated by this initiative will be forever
dedicated to the purposes listed in this initiative, and cannot be
spent by the state for any other purpose."
(2) Paragraph (1) shall not apply if the measure provides that the
increase in revenues is to be deposited without restriction into the
General Fund commencing at a future date after its enactment, or if
the initiative measure allows the Legislature to reallocate the
increase in revenues.
SEC. 2. Section 88002.5 of the
Government Code is amended to read:
88002.5. (a) The ballot pamphlet shall also contain a section,
located near the front of the pamphlet, that provides a concise
summary of the general meaning and effect of "yes" and "no" votes on
each state measure.
(b) The summary statements required by this section shall be
prepared by the Legislative Analyst. These statements are not
intended to provide comprehensive information on each measure. The
Legislative Analyst shall be solely responsible for determining the
contents of these statements. The statements shall be available for
public examination and amendment pursuant to Section 88006.
(c) (1) Except as provided in paragraph (2), if an initiative
measure qualifies for the ballot and the analysis prepared pursuant
to Section 88003 determines that the initiative measure would provide
for an increase in revenues to fund new or existing programs, the
Legislative Analyst shall add a paragraph at the end of the summary
statement prepared pursuant to this section, stating as follows:
"The following disclaimer is provided pursuant to Assembly Bill
No. 65 of the 2011-12 Regular Session, as enacted:
Unless changed by a future measure approved by the voters, the
taxpayer dollars generated by this initiative will be forever
dedicated to the purposes listed in this initiative, and cannot be
spent by the state for any other purpose."
(2) Paragraph (1) shall not apply if the measure provides that the
increase in revenues is to be deposited without restriction into the
General Fund commencing at a future date after its enactment, or if
the initiative measure allows the Legislature to reallocate the
increase in revenues.
SEC. 3. 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. All matter omitted in this version of the bill
appears in the bill as amended in the Senate, August 24, 2011.
(JR11)