BILL NUMBER: AB 216 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 5, 2012
INTRODUCED BY Assembly Member Swanson
JANUARY 31, 2011
An act to amend Section 84810.5 Sections
2223, 2224, 2225, and 2226 of , and to add
Section 2227 to, the Education
Elections Code, relating to community colleges
elections .
LEGISLATIVE COUNSEL'S DIGEST
AB 216, as amended, Swanson. Community colleges: inmate
education programs: computation of apportionments.
Voters: residency confirmation.
Existing law requires the county elections official to conduct a
preelection residence confirmation procedure by mailing a specified
nonforwardable postcard to each registered voter of the county by the
90th day immediately prior to the direct primary election. In lieu
of mailing a residency confirmation postcard, existing law permits
the county elections official to conduct the residency confirmation
procedure by alternative methods, including by contracting with the
United States Postal Service or its licensees to obtain use of postal
service change-of-address data. Existing law requires the county
elections official, based on the change-of-address information
received in conducting the residency confirmation, or the
change-of-address information provided directly by the voter, to
correct or cancel, among other things, the voter's registration.
This bill would permit a county elections official, in lieu of
mailing a residency confirmation postcard, to contract with a
consumer credit reporting agency or its licensees to obtain
change-of-address data. If the county elections official contracts
with a consumer credit reporting agency or its licensees, this bill
would require the county elections official, based on the
change-of-address information received, to send a specified
forwardable notice to the registered voter to enable the voter to
verify or correct the address information. If the voter responds to
the forwardable notice, or otherwise verifies in writing his or her
new residence address, this bill would require the county elections
official, as appropriate, to correct or cancel the voter's
registration.
Existing law authorizes a county elections official, if a voter
has not voted in any election within the preceding 4 years, and the
residence, address, name, or party affiliation of the voter has not
been updated during that time, to send an alternate residency
confirmation postcard that describes the alternate residency
procedure. If a county uses the alternate residency confirmation
procedure, the county is required to notify all voters of the
procedure in the sample ballot pamphlet or in a separate mailing. A
voter in that county is also given the opportunity to vote at a
statewide primary or general election between the date of the notice
and the beginning of the alternate residency procedure. Existing law
further authorizes a county elections official to cancel the voter
registration of a voter who does not offer to vote or vote at any
election between the date of the confirmation mailing and 2 federal
general elections after the date of that mailing.
This bill would delete the provision that authorizes a county
elections official to cancel the voter registration of a voter who
does not offer to vote or vote within a specified time period, and
would delete the requirement that a voter be given an opportunity to
vote at a statewide primary or general election between the date of
notice and the beginning of the alternate residency procedure.
(1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as a segment of public postsecondary education in
the state.
Existing law, notwithstanding open course provisions in statute or
regulations of the board of governors, authorizes the governing
board of a community college district that provides classes for
inmates of certain facilities, including a federal correctional
facility, to include the units of full-time equivalent students
generated in those classes for purposes of state apportionments.
This bill would instead require the open course provisions in
statute or regulations of the board of governors to be waived for a
governing board of a community college district that provides those
classes for inmates, including inmates of state correctional
facilities, and would authorize the board of governors to include the
units of full-time equivalent students generated in those classes
for purposes of state apportionments.
(2) Existing law provides for the method of computing
apportionments for purposes of these inmate education programs.
This bill would make revisions to that method of computation.
The bill would prohibit a community college district from
claiming, under the bill, for purposes of apportionments, a class for
which a district receives full compensation for its direct education
costs for the conduct of the class from a public or private agency,
individual, or group of individuals, and a class offered pursuant to
a contract or instructional agreement entered into between the
district and a public or private agency, individual, or group of
individuals that has received from another source full compensation
for the costs the district incurs under that contract or
instructional agreement, as prescribed.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2223 of the
Elections Code is amended to read:
2223. (a) In lieu of mailing a residency confirmation postcard to
each registered voter in the county, the county elections official
may include the return address of the county elections official's
office on the outside portion of the sample ballot or sample ballot
envelope mailed to the voter at any for an
election conducted within the last six months preceding the
start of the confirmation process, along with the statements "Address
Correction Requested" and "Notice: If the person named on the sample
ballot is not at the address, please help keep the voter rolls
current and save taxpayer dollars by returning this sample ballot to
your mail carrier."
(b) Any A voter not eligible for an
election during the last six months preceding the start of the
confirmation process, or any a voter
not mailed a sample ballot with an address correction requested,
shall have his or her address confirmed by either a residency
confirmation postcard or an address verification mailing
conducted pursuant to this article using NCOA/Operation Mail
process data pursuant to Section 2222 or
consumer credit reporting agency data pursuant to Section 2227
.
SEC. 2. Section 2224 of the Elections
Code is amended to read:
2224. (a) If a voter has not voted in any
an election within the preceding four years, and his or her
residence address, name, or party affiliation had
has not been updated during that time, the county
elections official may send an alternate residency confirmation
postcard. The use of this postcard may be sent subsequent to NCOA or
sample ballot returns, but shall not be used in the residency
confirmation process conducted under Section 2220. The postcard shall
be forwardable, including a postage-paid and preaddressed return
form to enable the voter to verify or correct the address
information, and shall be in substantially the following form:
"If the person named on the postcard is not at this address,
PLEASE help keep the voter rolls current and save taxpayer dollars by
returning this postcard to your mail carrier."
"IMPORTANT NOTICE"
"According to our records you have not voted in any election
during the past four years, which may indicate that you no longer
reside in ____ County. If you continue to reside in this county you
must confirm your residency address in order to remain on the active
voter list and receive election materials in the mail."
"If confirmation has not been received within 15 days, you may be
required to provide proof of your residence address in order to vote
at future elections and, if you do not appear or offer to
vote at any election in the period between the date of this notice
and the second federal general election after the date of this
notice, your voter registration will be cancelled and you will have
to reregister in order to vote . If you no longer live in
____ County, you must reregister at your new residence address in
order to vote in the next election. California residents may obtain a
mail registration form by calling the county elections office of the
Secretary of State's Office."
(b) The use of a toll-free number to confirm the old residence
address is optional. Any change to a voter's address shall be
received in writing.
(c) Any A county using
the alternate residency confirmation procedure shall notify all
voters of the procedure in the sample ballot pamphlet or in a
separate mailing. The voter shall be given an opportunity to
vote at a statewide primary or general election between the date of
notice and the beginning of the alternate residency procedure.
SEC. 3. Section 2225 of the Elections
Code is amended to read:
2225. (a) Based on change-of-address data received from the
United States Postal Service or its licensees pursuant to
Section 2222 , the county elections official shall send a
forwardable notice, including a postage-paid and preaddressed return
form, to enable the voter to verify or correct address information.
Notification received through NCOA or Operation Mail that a voter
has moved and has given no forwarding address shall not require the
mailing of a forwardable notice to that voter.
(b) If postal service change-of-address data indicates
that the voter has moved to a new residence address in the same
county, the forwardable notice shall be in substantially the
following form:
"We have received notification that the voter has moved to a new
residence address in ____ County. You will be registered to vote at
your new address unless you notify our office within 15 days that the
address to which this card was mailed is not a change of your
permanent residence. You must notify our office by either returning
the attached postage-paid postcard, or by calling toll free. If this
is not a permanent residence, and if you do not notify us within 15
days, you may be required to provide proof of your residence address
in order to vote at future elections."
(c) If postal service change-of-address data indicates
that the voter has moved to a new address in another county, the
forwardable notice shall be in substantially the following form:
"We have received notification that you have moved to a new
address not in ____ County. Please use the attached postage-paid
postcard to: (1) advise us if this is or is not a permanent change of
residence address, or (2) to advise us if our information is
incorrect. If you do not return this card within 15 days and continue
to reside in ____ County, you may be required to provide proof of
your residence address in order to vote at future elections and, if
you do not offer to vote at any election in the period between the
date of this notice and the second federal general election following
this notice, your voter registration will be cancelled and you will
have to reregister in order to vote. If you no longer live in ____
County, you must reregister at your new residence address in order to
vote in the next election. California residents may obtain a mail
registration form by calling the county elections officer or
1-800-345-VOTE."
(d) If postal service change-of-address data received from a
nonforwardable mailing indicates that a voter has moved and left no
forwarding address, a forwardable notice shall be sent in
substantially the following form:
"We are attempting to verify postal notification that the voter to
whom this card is addressed has moved and left no forwarding
address. If the person receiving this card is the addressed voter,
please confirm your continued residence or provide current residence
information on the attached postage-paid postcard within 15 days. If
you do not return this card and continue to reside in ____ County,
you may be required to provide proof of your residence address in
order to vote at future elections and, if you do not offer to vote at
any election in the period between the date of this notice and the
second federal general election following this notice, your voter
registration will be cancelled and you will have to reregister in
order to vote. If you no longer live in ____ County, you must
reregister at your new residence address in order to vote in the next
election. California residents may obtain a mail registration form
by calling the county elections office or the Secretary of State's
Office."
(e) The use of a toll-free number to confirm the old residence
address is optional. Any change to the voter address must be received
in writing.
SEC. 4. Section 2226 of the Elections
Code is amended to read:
2226. (a) Based on change-of-address information received
pursuant to Sections 2220 to 2225, inclusive, or change-of-address
information provided directly by the voter, the county elections
official shall take the following actions as appropriate:
(1) If the information indicates the voter has moved to a new
address within the same county, the county elections official shall
update and correct the voter's registration.
(2) If the information indicates the voter has moved to a new
address in another county, if the mailings have been returned as
undeliverable, or if the voter fails to confirm his or her address as
required by Section 2224, the county elections official may place
the voter's name on the inactive file of registered voters who do not
receive election materials and are not included in calculations to
determine the number of signatures required for qualification of
candidates and measures, precinct size, or other election
administration related processes.
(3) If the voter verifies in writing that he or she has moved to a
residence address in another county, the county elections official
shall cancel the voter registration in the county from which the
voter has moved.
(b) The voter registration of any voter whose name has been placed
on the inactive file of registered voters for failure to respond to
a confirmation mailing as required by Section 2224 or
an address verification mailing required by
subdivision (a) of Section 2225, and who does not offer to vote
or vote at any election between the date of the mailing and two
federal general elections after the date of that mailing, may be
cancelled canceled .
(c) Any voter whose name has been placed on the inactive file of
registered voters and offers to vote at any election between the date
of the verification notice, and two federal general elections after
the date of notice, or who notifies the elections official of a
continued residency, shall be removed from the inactive file and
placed on the active voter file.
(d) All address corrections, cancellations, and inactive
transactions made to the voter registration file pursuant to this
section shall be reflected on the voter index as required by Section
2191.
SEC. 5. Section 2227 is added to the
Elections Code , to read:
2227. (a) In lieu of mailing a residency confirmation postcard,
as prescribed in subdivision (a) of Section 2220, the county
elections official may contract with a consumer credit reporting
agency or its licensees to obtain use of change-of-address data in
accordance with this section.
(b) If the county elections official contracts with a consumer
credit reporting agency or its licensees pursuant to subdivision (a),
all of the following shall occur:
(1) For each registered voter in the county, the county elections
official shall initiate a search for change-of-address data with the
consumer credit reporting agency or its licensees by providing the
name and residence address of each registered voter in the county to
the consumer credit reporting agency or its licensees.
(2) The consumer credit reporting agency or its licensees shall
search their databases for each name and address provided by the
county elections official and shall report to the county elections
official any information indicating that the registered voter changed
his or her residence address.
(c) (1) Notwithstanding Section 2194 of this code or Section
6254.4 of the Government Code, and except as provided in paragraph
(2), a county elections official may disclose a registered voter's
name and residence address to a consumer credit reporting agency or
its licensees pursuant to, and in accordance with, this section.
(2) A county elections official shall not disclose to a consumer
credit reporting agency or its licensees the name and residence
address of a registered voter if that information is deemed
confidential pursuant to Section 2166, 2166.5, or 2166.7 of this
code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of
Title 1 of the Government Code.
(d) A consumer credit reporting agency or its licensees shall use
the information provided by a county elections official only pursuant
to paragraph (2) of subdivision (b), and shall not retain any
information received from the county elections official pursuant to
this section.
(e) Based on change-of-address data received from a consumer
credit reporting agency or its licensees, the county elections
official shall send a forwardable notice, including a postage-paid
and preaddressed return form, which may be in the form of a postcard,
to the registered voter to enable the voter to verify or correct
address information. The forwardable notice shall be in substantially
the following form:
"We have received notification that you have moved to a new
residence address in ____ County. You will remain registered to vote
at your old address unless you notify our office that the address to
which this card was mailed is a change of your permanent residence.
Please notify our office in writing by returning the attached
postage-paid postcard. If this is not a permanent residence, and you
do not wish to change your address for voting purposes, please
disregard this notice."
(f) The county elections official shall take all of the following
actions as appropriate:
(1) If a voter responds to the forwardable notice sent pursuant to
subdivision (e) or otherwise verifies in a signed writing that he or
she has moved to a new residence address within the same county, the
county elections official shall verify the signature on the response
by comparing it to the signature on file for the voter and, if
appropriate, correct the voter's registration with the new residence
address.
(2) If a voter responds to the forwardable notice sent pursuant to
subdivision (e) or otherwise verifies in a signed writing that he or
she has moved to a new residence address in another county, the
county elections official shall verify the signature on the response
by comparing it to the signature on file for the voter and, if
appropriate, cancel the voter's registration in the county from which
the voter has moved.
(3) If a voter does not respond to the forwardable notice sent
pursuant to subdivision (e) and does not otherwise verify in a signed
writing that he or she has moved to a new residence address, the
elections official shall not place the voter's name on the inactive
file of registered voters or cancel the voter registration.
(g) For purposes of this section, "consumer credit reporting
agency" has the same meaning as set forth in subdivision (d) of
Section 1785.3 of the Civil Code.
SECTION 1. Section 84810.5 of the Education
Code is amended to read:
84810.5. (a) (1) Open course provisions in statute or
regulations of the board of governors shall be waived for a governing
board of a community college district that provides classes for
inmates of a city, county, or city and county jail, road camp, farm
for adults, or state or federal correctional facility. This section
shall not be construed to authorize the waiver of open course
provisions in any context or situation other than those that are
specifically authorized by this section. Subject to limitations set
forth in subdivision (b), the board of governors may include the
units of full-time equivalent students (FTES) generated in those
classes for purposes of state apportionments.
(2) The attendance hours generated by credit courses shall be
funded at the marginal credit rate determined pursuant to paragraph
(2) of subdivision (d) of Section 84750.5. The attendance hours
generated by noncredit courses shall be funded at the noncredit rate
pursuant to paragraph (3) of subdivision (d) of Section 84750.5. The
attendance hours generated by instruction in career development and
college preparation shall be funded at the rate determined pursuant
to paragraph (4) of subdivision (d) of Section 84750.5.
(b) (1) A community college district shall not claim, for purposes
of state apportionments under this section, a class to which either
of the following applies:
(A) The district receives full compensation for its direct
education costs for the conduct of the class from a public or private
agency, individual, or group of individuals.
(B) The district has a contract or instructional agreement, or
both, for the conduct of the class with a public or private agency,
individual, or group of individuals that has received from another
source full compensation for the costs the district incurs under that
contract or instructional agreement.
(2) In reporting a claim for apportionment to the Chancellor of
the California Community Colleges under this section, the district
shall report any partial compensation it receives from the sources
described in subparagraphs (A) and (B) of paragraph (1) during the
period for which the claim is made. The chancellor shall subtract the
amount of any partial compensation received from the total
apportionment to be paid.
(c) This section shall not be construed as providing a source of
funds to shift, supplant, or reduce the costs incurred by the
Department of Corrections and Rehabilitation in providing inmate
education programs.