BILL NUMBER: AB 732	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2011
	AMENDED IN SENATE  AUGUST 31, 2011
	AMENDED IN ASSEMBLY  MAY 10, 2011
	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Buchanan
   (Coauthors: Assembly Members Gordon, Jeffries, and Silva)

                        FEBRUARY 17, 2011

   An act to amend Sections 9086 and 9087 of the Elections Code, and
to amend Sections 88002 and 88003 of the Government Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 732, Buchanan. Bond measures: ballot pamphlet: Legislative
Analyst: table.
   Existing law regulates the form and content of the ballot pamphlet
submitted to voters prior to each statewide election, and 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
the title and summary of a measure that appears on the ballot to be
amended to contain a summary of the Legislative Analyst's estimate of
the net state and local government fiscal impact.
   This bill would, for state bond measures that are submitted to the
voters for their approval or rejection, require the summary of the
Legislative Analyst's estimate of the net state and local government
fiscal impact to include an explanatory table of the information in
the summary.
   This bill would incorporate additional changes to Section 9086 of
the Elections Code and Section 88002 of the Government Code, proposed
by SB 334, to be operative only if SB 334 and this bill are both
enacted, both bills become effective on or before January 1, 2012,
and this bill is enacted last. This bill would also incorporate
additional changes to Section 9087 of the Elections Code and Section
88003 of the Government Code, proposed by AB 1021, to be operative
only if AB 1021 and this bill are both enacted, both bills become
effective on or before January 1, 2012, and this bill is enacted
last.


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

  SECTION 1.  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) (1) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:
   (A) Identification of the measure by number and title.
   (B) The official summary prepared by the Attorney General.
   (C) 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.
   (2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 and Section 88003 of the Government Code shall
not be included when measuring the amount of space the information
described in paragraph (1) has taken for purposes of determining
compliance with the restriction prohibiting the information described
in paragraph (1) from exceeding one-third of the page.
   (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) 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.
   (d) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
   (e) 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.
   (f) 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. 1.5.  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) (1) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:
   (A) Identification of the measure by number and title.
   (B) The official summary prepared by the Attorney General.
    (C) 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.
   (2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 and Section 88003 of the Government Code shall
not be included when measuring the amount of space the information
described in paragraph (1) has taken for purposes of determining
compliance with the restriction prohibiting the information described
in paragraph (1) from exceeding one-third of the page.
   (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 the 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. 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) (1) The title and summary of any 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.
   (2) For state bond measures that are submitted to the voters for
their approval or rejection, the summary of the Legislative Analyst's
estimate described in paragraph (1) shall include an explanatory
table of the information in the summary.
  SEC. 2.5.  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 be followed immediately by 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 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 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) (1) The title and summary of any 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.
   (2) For state bond measures that are submitted to the voters for
their approval or rejection, the summary of the Legislative Analyst's
estimate described in paragraph (1) shall include an explanatory
table of the information in the summary.
   (f) If a measure qualifies for the ballot and the Legislative
Analyst's analysis pursuant to this section determines that the
measure would (1) establish a new or expanded program, (2) cost more
than one million dollars ($1,000,000) in any year, excluding costs
attributable to the issuance, sale, or repayment of general
obligation bonds, if implemented, and (3) does not either provide new
revenues or eliminate all or part of existing programs sufficient to
pay the cost of the new or expanded program or service, a paragraph
shall be added to the summary statement established pursuant to
Section 9085 of the ballot pamphlet prepared pursuant to Section
9081, stating as follows:
   "This measure does not include sufficient funds to pay the cost of
the new or expanded program or service provided therein. Therefore,
should the measure pass, its costs would have to be paid from one or
more of the following:
   (1) Reductions to existing state programs.
   (2) Revenue increases.
   (3) State reserves, if available."
  SEC. 3.  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) (1) Upon the top portion of the first page and not exceeding
one-third of the page shall appear:
   (A) The identification of the measure by number and title.
   (B) The official summary prepared by the Attorney General.
   (C) 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.
   (2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 of the Elections Code and Section 88003 shall not
be included when measuring the amount of space the information
described in paragraph (1) has taken for purposes of determining
compliance with the restriction prohibiting the information described
in paragraph (1) from exceeding one-third of the page.
   (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) 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.
   (d) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
   (e) 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.
   (f) 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. 3.5.  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) (1) Upon the top portion of the first page and not exceeding
one-third of the page shall appear:
   (A) The identification of the measure by number and title.
   (B) The official summary prepared by the Attorney General.
   (C) 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.
   (2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 of the Elections Code and Section 88003 shall not
be included when measuring the amount of space the information
described in paragraph (1) has taken for purposes of determining
compliance with the restriction prohibiting the information described
in paragraph (1) from exceeding one-third of the page.
   (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 the 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. 4.  Section 88003 of the Government Code is amended to read:
   88003.  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 and summary of any 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. For state
bond measures that are submitted to the voters for their approval or
rejection, the summary of the Legislative Analyst's estimate of the
net state and local government fiscal impact shall include an
explanatory table of the information in the summary.
  SEC. 4.5.  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. 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 be followed immediately by 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 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 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 and summary of any 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. For state bond measures that are submitted to the voters for
their approval or rejection, the summary of the Legislative Analyst's
estimate of the net state and local government fiscal impact shall
include an explanatory table of the information in the summary.
   (f) If a measure qualifies for the ballot and the Legislative
Analyst's analysis pursuant to this section determines that the
measure would (1) establish a new or expanded program, (2) cost more
than one million dollars ($1,000,000) in any year, excluding costs
attributable to the issuance, sale, or repayment of general
obligation bonds, if implemented, and (3) does not either provide new
revenues or eliminate all or part of existing programs sufficient to
pay the cost of the new or expanded program or service, a paragraph
shall be added to the summary statement established pursuant to
Section 88002.5 of the ballot pamphlet prepared pursuant to Section
88000, stating as follows:
   "This measure does not include sufficient funds to pay the cost of
the new or expanded program or service provided therein. Therefore,
should the measure pass, its costs would have to be paid from one or
more of the following:
                                            (1) Reductions to
existing state programs.
   (2) Revenue increases.
   (3) State reserves, if available."



  SEC. 5.  (a) Section 1.5 of this bill incorporates amendments to
Section 9086 of the Elections Code proposed by both this bill and
Senate Bill 334. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 9086 of the Elections Code, and (3) this bill is
enacted after Senate Bill 334, in which case Section 1 of this bill
shall not become operative.
   (b) Section 2.5 of this bill incorporates amendments to Section
9087 of the Elections Code proposed by both this bill and Assembly
Bill 1021. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 9087 of the Elections Code, and (3) this bill is
enacted after Assembly Bill 1021, in which case Section 2 of this
bill shall not become operative.
   (c) Section 3.5 of this bill incorporates amendments to Section
88002 of the Government Code proposed by both this bill and Senate
Bill 334. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 88002 of the Government Code, and (3) this bill
is enacted after Senate Bill 334, in which case Section 3 of this
bill shall not become operative.
   (d) Section 4.5 of this bill incorporates amendments to Section
88003 of the Government Code proposed by both this bill and Assembly
Bill 1021. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 88003 of the Government Code, and (3) this bill
is enacted after Assembly Bill 1021, in which case Section 4 of this
bill shall not become operative.
  SEC. 6.  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.