BILL NUMBER: AB 1851	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 22, 2012

   An act to add Section 9103.5 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1851, as introduced, Allen. County initiative petitions.
   Existing law permits a proposed ordinance to be submitted to a
county board of supervisors by filing an initiative petition with the
county elections official, signed by not less than a specified
number of voters. Under existing law, before a proponent of an
initiative measure may circulate an initiative petition for
signatures, he or she is required to file with the county elections
official a notice of intention to do so, as specified, the written
text of the initiative, and a request that a ballot title and summary
be prepared.
   During the period an initiative petition is circulated for
signatures, this bill would require a county elections official to
retain at his or her office the above-described materials a proponent
is required to file and to furnish a copy of those materials to any
person upon request. The bill would permit a county elections
official to charge a fee to a person obtaining copies of the
above-described materials, as specified. By increasing the duties of
county elections officials, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 9103.5 is added to the Elections Code, to read:

   9103.5.  During the period of circulation of an initiative
petition for signatures, the county elections official shall do both
of the following:
   (a) Keep on file at his or her office the materials the proponents
of the initiative measure filed with the county elections official
pursuant to Section 9103.
   (b) Furnish copies of the materials he or she is required to keep
on file pursuant to subdivision (a) to any person upon request. The
county elections official may charge a fee to a person obtaining
copies pursuant to this subdivision. The fee may not exceed the
actual cost incurred by the county elections official in providing
the copies.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.