BILL NUMBER: AB 2220	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 20, 2012
	AMENDED IN SENATE  AUGUST 15, 2012

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 24, 2012

   An act to amend Section 9085 of the Elections Code, and to amend
Section 88002.5 of the Government Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2220, Gatto. Elections: statewide ballot pamphlet.
   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. The act
requires the Legislative Analyst to prepare an impartial fiscal
analysis of a measure that is included in the ballot pamphlet stating
whether the measure would increase or decrease any revenue or cost
to state or local government. Existing law also requires the
Legislative Analyst to prepare 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 an increase in revenues to fund new or existing
programs, create a new fund, or create or change a funding formula
for one or more specified programs, that a specified paragraph, if
applicable, be added at the end of the "yes" and "no" summary
statement in the ballot pamphlet advising voters as to the effect of
the initiative measure on state funding requirements. 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.


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 paragraphs (2) and (3), 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, create a new fund, or create or change a funding formula
for one or more specified programs, the Legislative Analyst shall add
a paragraph at the end of the summary statement prepared pursuant to
this section, stating in boldface type one of the following, if
applicable:
   (A) "Unless changed by a future voter-approved ballot measure,
this initiative would permanently dedicate state funding to the
program(s) identified, and these funds would not be available to meet
other responsibilities of the state."
   (B) "Unless changed by a future voter-approved ballot measure, or
by a supermajority vote of each house of the Legislature and approval
by the Governor, this initiative would permanently dedicate state
funding to the program(s) identified, and these funds would not be
available to meet other responsibilities of the state."
   (C) "Unless changed by a future voter-approved ballot measure, or
by a supermajority vote of each house of the Legislature and approval
by the Governor, this initiative would permanently create and lock
in a formula for the state budget."
   (D) "Unless changed by a future voter-approved ballot measure,
this initiative would permanently dedicate the revenue it generates
to the program(s) identified, and these revenues would not be
available to meet other responsibilities of the state."
   (2) Subparagraph (D) of 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.
   (3) If the Legislative Analyst determines that no subparagraph set
forth in paragraph (1) is applicable, the Legislative Analyst shall
add a paragraph at the end of the summary statement prepared pursuant
to this section stating, in boldface type and in a form similar to
that prescribed by the subparagraphs set forth in paragraph (1), the
effect of the initiative measure on state funding requirements.
  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 paragraphs (2) and (3), 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, create a new fund, or create or change a funding formula
for one or more specified programs, the Legislative Analyst shall add
a paragraph at the end of the summary statement prepared pursuant to
this section, stating in boldface type one of the following, if
applicable:
   (A) "Unless changed by a future voter-approved ballot measure,
this initiative would permanently dedicate state funding to the
program(s) identified, and these funds would not be available to meet
other responsibilities of the state."
   (B) "Unless changed by a future voter-approved ballot measure, or
by a supermajority vote of each house of the Legislature and approval
by the Governor, this initiative would permanently dedicate state
funding to the program(s) identified, and these funds would not be
available to meet other responsibilities of the state."
   (C) "Unless changed by a future voter-approved ballot measure, or
by a supermajority vote of each house of the Legislature and approval
by the Governor, this initiative would permanently create and lock
in a formula for the state budget."
   (D) "Unless changed by a future voter-approved ballot measure,
this initiative would permanently dedicate the revenue it generates
to the program(s) identified, and these revenues would not be
available to meet other responsibilities of the state."
   (2) Subparagraph (D) of 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.
   (3) If the Legislative Analyst determines that no subparagraph set
forth in paragraph (1) is applicable, the Legislative Analyst shall
add a paragraph at the end of the summary statement prepared pursuant
to this section stating, in boldface type and in a form similar to
that prescribed by the subparagraphs set forth in paragraph (1), the
effect of the initiative measure on state funding requirements.
  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.