BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1021
                                                                  Page  1

          Date of Hearing:   April 12, 2011

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                 AB 1021 (Gordon) - As Introduced:  February 18, 2011
           
          SUBJECT  :   Ballot measures: fiscal analysis.

           SUMMARY  :   Requires additional fiscal information be included in 
          the circulating title and summary prepared by the Attorney 
          General (AG) and the summary statements prepared by the 
          Legislative Analyst for a proposed initiative measure.  
          Specifically,  this bill  :  

          1)Requires the Joint Legislative Budget Committee (JLBC) and 
            Department of Finance (DOF) to provide a paragraph to the AG, 
            if it is determined in their joint analysis of an initiative 
            measure submitted for a circulating title and summary that the 
            measure does all of the following:

             a)   Establishes a new or expanded program;

             b)   Costs more than one million dollars per year, excluding 
               costs attributable to the issuance, sale, or repayment of 
               general obligation bonds; and,

             c)   Does not provide new revenues or eliminate all or part 
               of existing programs sufficient to pay the cost of the new 
               or expanded program or service.

          2)Provides that the paragraph submitted by the JLBC and DOF may 
            be included in the title and summary prepared by the AG, and 
            shall be stated as follows:

               The Joint Legislative Budget Committee and Department of 
               Finance have determined that 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, other programs or services provided by the 
               state would need to be reduced or eliminated, or new state 
               revenues raised, in order for the measure to be 
               implemented. 

          3)Requires a paragraph be added to the summary statements 
            prepared by the Legislative Analyst, contained in the ballot 








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            pamphlet, for a measure that has qualified for the ballot, if 
            it is determined in the Legislative Analyst's analysis that 
            the measure does all of the following:

             a)   Establishes a new or expanded program;

             b)   Costs more than one million dollars per year, excluding 
               costs attributable to the issuance, sale, or repayment of 
               general obligation bonds; and,

             c)   Does not provide new revenues or eliminate all or part 
               of existing programs sufficient to pay the cost of the new 
               or expanded program or service.

          4)Provides that the paragraph added to the summary statements by 
            the Legislative Analyst read 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, other 
               programs or services provided by the state would need to be 
               reduced or eliminated, or new state revenues raised, in 
               order for the measure to be implemented.

          5)Makes other conforming changes.

           EXISTING LAW  :

          1)Establishes a process for the AG to prepare a summary of the 
            chief purposes and points of a proposed initiative measure.  
            Requires the AG to provide a copy of the title and summary to 
            the Secretary of State within 15 days after receipt of the 
            final version of a proposed initiative measure, or if a fiscal 
            estimate or opinion is to be included, within 15 days after 
            receipt of the fiscal estimate or opinion prepared by the DOF 
            and the JLBC.

          2)Requires the AG to include in the circulating title and 
            summary, in boldface print, either the fiscal estimate of the 
            amount of any increase or decrease in revenues or costs to the 
            state or local government prepared by the DOF and the JLBC, 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.









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          3)Requires the Legislative Analyst to prepare an impartial 
            analysis of each proposed 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.  Provides that if a proposed measure is 
            estimated to result in increased cost to the state, the 
            estimate of those costs be set out in boldface print in the 
            ballot pamphlet. 

          4)Requires the ballot pamphlet to contain a section, prepared by 
            the Legislative Analyst, 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.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Purpose of the Bill  :  According to the author:

               AB 1021 would require greater transparency in the fiscal 
               analysis of initiatives by adding advisories to the fiscal 
               impact statement for petitions and the ballot pamphlet if 
               the measure does not provide adequate funding or 
               corresponding reductions to fund implementation.  The 
               democratic process requires transparency and an honest 
               evaluation of the cost of government.  Accordingly, this 
               bill aims to give voters a better understanding of the 
               fiscal impact of initiatives proposed for or placed on a 
               ballot.

               The initiative process was added to the California 
               Constitution in 1911.  Since that time, more than 1,400 
               initiatives have been circulated for signature, 
               approximately 360 have qualified for the ballot, and about 
               130 have been approved by the voters.  As surveys 
               consistently conclude, the initiative process is supported 
               by the public, but the public also supports reforming the 
               process?      
                 
               Voters need to know the consequences of their vote.  When 
               the Legislature passes a bill that has a fiscal impact, the 
               measure must be reviewed by the Appropriations Committees 
               in both the Assembly and Senate.  These committees examine 








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               the fiscal impact of the measure and determine whether the 
               measure includes revenue, provides another means of 
               funding, and if not whether the state can afford the change 
               in law.  

               Initiatives do not have to go through a prior fiscal 
               review.  Voters are provided a fiscal impact analysis that 
               explains the estimated cost of the measure.  However, the 
               analysis does not clearly and concisely state that in order 
               for government to meet the measure's mandate there would 
               need to be reduced services or new revenue. 

               The state is at a critical juncture. It is facing serious 
               fiscal challenges and we need to have an honest 
               conversation with voters.  This measure would fill a void 
               and enable voters to make a fully informed decision about 
               the merits of an initiative.

           2)Initiative Spending  :  Since the implementation of the 
            initiative process, there have been a number of approved 
            measures which have required a certain portion of General Fund 
            spending be dedicated to a specific purpose.  These measures 
            restrict the Legislature's ability to alter the relative 
            shares of General Fund spending provided to program areas in 
            any given year.  For instance, Proposition 98 of 1988, 
            provided for a minimum level of total spending (General Fund 
            and local property taxes combined) on K-14 education in any 
            given year.  Proposition 98 accounts for over 40 percent of 
            annual state General Fund spending.  Proposition 49 of 2002, 
            requires that the state spend a certain amount on after-school 
            programs, which exceeded $540 million in the 2009-10 fiscal 
            year.

           3)Say It Again  :  Current law already requires that the fiscal 
            impact of a proposed measure be analyzed and included in both 
            the circulating title and summary and in the analysis printed 
            in the state ballot pamphlet.  This bill requires additional 
            information to be included, for measures that would exceed one 
            million dollars in cost for the creation of a new program, to 
            specify that the fiscal impacts of the proposed measure would 
            have an impact on current programs, if passed.  Given that 
            fiscal impacts are already being discussed in the analysis of 
            proposed measures, it is unclear whether the additional 
            information required by this bill would be redundant.   
            However, given the impacts that approved initiatives have had 








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            on the state's general fund, it may be beneficial to clarify 
            to the electorate, prior to voting, that the costs of proposed 
            measures will have an impact on the continuation of current 
            programs.
             
           4)Political Reform Act of 1974  :  California voters passed an 
            initiative, Proposition 9, in 1974 that created the Fair 
            Political Practices Commission and codified significant 
            restrictions and prohibitions on candidates, officeholders, 
            and lobbyists.  That initiative is commonly known as the 
            Political Reform Act (PRA).  Amendments to the PRA that are 
            not submitted to the voters must further the purposes of the 
            initiative and require a two-thirds vote of both houses of the 
            Legislature, unless the amendments are to specified provisions 
            to add information to the ballot pamphlet.  This bill would 
            require additional information to be included in the ballot 
            pamphlet, and therefore requires a majority vote.

           5)Related Legislation  : AB 65 (Gatto) requires information about 
            the 5 highest contributors in support or opposition to a 
            measure being voted on be included in the statewide ballot 
            pamphlet.  AB 65 is pending on the Assembly Floor.

          AB 732 (Buchanan) requires the statewide ballot pamphlet to 
            include a simple and easy to understand graph, chart, or 
            report card, prepared by the Legislative Analyst, for each 
            state bond measure submitted to the voters, to illustrate the 
            cost of that measure to the state and local governments.  AB 
            732 is pending in this committee.

           6)Previous Legislation  : ACA 3 (Blakeslee) of 2009, would have 
            required an initiative measure that would authorize the 
            issuance of state general obligation bonds of $1 billion or 
            more to identify a funding source. ACA 3 died on the Assembly 
            Third Reading File.

          ACA 5 (Charles Calderon) of 2009, would have required initiative 
            bond measures to be approved by 66 percent of voters in order 
            to take effect. ACA 5 died on the Assembly Third Reading file.

          SCA 14 (Ducheny) of 2009, would have required all state 
            initiative measures that would result in a net increase in 
            state or local government costs, instead of just bond 
            measures, to identify a funding source.  SCA 14 died on the 
            Senate Third Reading file.








                                                                  AB 1021
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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California School Boards Association
          California State Association of Counties

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Maria Garcia / E. & R. / (916) 319-2094