BILL NUMBER: SB 202	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 8, 2011
	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2011

INTRODUCED BY   Senator Hancock
    (   Principal coauthor:   Assembly Member
  Gordon   ) 

                        FEBRUARY 8, 2011

   An act to amend Section  9001   9016  of
the Elections Code,  and to repeal Section 1 of Chapter 732 of
the Statutes of 2010,  relating to  ballot initiatives
  elections  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 202, as amended, Hancock.  Ballot initiatives: filing
fees.   Elections: ballot measures.  
   Existing law permits the voters to propose and adopt a statute or
constitutional amendment through the power of the initiative, and to
approve or reject a statute or a part of a statute through the power
of the referendum, by presenting to the Secretary of State a petition
that sets forth the text of the proposed measure and is certified to
have been signed by a specified number of electors.  
   Existing law requires the Secretary of State to submit a certified
initiative measure at the next general election held at least 131
days after the measure qualifies for the ballot or at any statewide
special election that is held prior to that general election and is
held at least 131 days after the measure qualifies for the ballot,
and further requires the Secretary of State to submit a certified
referendum measure at the next general election held at least 31 days
after the measure qualifies for the ballot or at any statewide
special election that is held prior to that general election. Under
existing law, "general election" is defined to mean either the
election held throughout the state on the first Tuesday after the
first Monday in November of each even-numbered year or any statewide
election held on a regular election date, as specified.  
   This bill would provide that, notwithstanding the above definition
of "general election," that term means, for purposes of submitting
to the voters an initiative or referendum measure that is certified
for the ballot on or after July 1, 2011, only the election held
throughout the state on the first Tuesday after the first Monday in
November of each even-numbered year.  
   Existing law requires the Secretary of State to submit ACA 4 of
the 2009-10 Regular Session, a proposed legislative constitutional
amendment relating to state finance, to the voters at the 2012
statewide presidential primary election, as specified.  
   This bill would repeal those provisions and would, instead,
require the Secretary of State to submit ACA 4 to the voters at the
November 4, 2014, statewide general election.  
   Existing law requires a fee of $200 to be paid by the proponents
when a proposed ballot initiative or referendum is submitted to the
Attorney General for preparation of a circulating title and summary.
 
   This bill would find that the current $200 fee is inadequate to
cover the costs to the state to process a proposed initiative and
would increase the filing fee from $200 to $2,000. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 9016 of the  
Elections Code   is amended to read: 
   9016.   (a)    Notwithstanding  any
  Section 324, for purposes of subdivision (c  
) of Section 8 of, and subdivision (c) of Section 9 of, Article II
of the California Constitution, "general election" means only the
election held throughout the state on the first Tuesday after the
first Monday in November of each even-numbered year with respect to
an initiative or referendum measure that is certified for the ballot
on or after July 1, 2011. 
    (b)     Notwithstanding any  other
provision of law,  no   an  initiative
measure shall  not  be  placed on  
submitted to the voters at  a statewide special election
 ballot that qualifies   held  less than
131 days  before the date of the election  
after the date the measure is certified for the ballot  .
   SEC. 2.    Section 1 of Chapter 732 of the Statutes
of 2010 is repealed.  
  Section 1.    (a) Notwithstanding Section 9040 of
the Elections Code or any other provision of law, the Secretary of
State shall submit, as applicable, Assembly Constitutional Amendment
4 or Senate Constitutional Amendment 10 of the 2009-10 Regular
Session to the voters at the 2012 statewide presidential primary
election.
   (b) (1) Notwithstanding Sections 9050, 9051, and 9053 of the
Elections Code or any other provision of law, all ballots for the
2012 statewide presidential primary election shall have printed
thereon as the ballot label for the measure identified in subdivision
(a) the following:

   "'RAINY DAY' BUDGET STABILIZATION FUND. Changes the budget
process. Could limit future deficits and spending by increasing the
size of the state 'rainy day' fund and requiring above-average
revenues to be deposited into it, for use during economic downturns
and other purposes."

   (2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot label
for the condensed statement of the ballot title, and the Attorney
General shall not supplement, subtract from, or revise that language,
except that the Attorney General shall include the financial impact
summary prepared pursuant to Section 9087 of the Elections Code and
Section 88003 of the Government Code. The ballot label is the
condensed statement of the ballot title and the financial impact
summary.
   (c) (1) Notwithstanding Sections 9050, 9051, 9063, and 9086 of the
Elections Code or any other provision of law, the Secretary of State
shall use as the ballot title and summary for the measure identified
in subdivision (a) the following:

   "STATE BUDGET. CHANGES CALIFORNIA BUDGET PROCESS. LIMITS STATE
SPENDING. INCREASES 'RAINY DAY' BUDGET STABILIZATION FUND. Increases
amount of potential savings in the state 'rainy day' fund from 5% to
10% of the General Fund. Requires 3% of the general revenues to be
deposited each year into the state 'rainy day' fund, except when
revenues drop below last year's budget, adjusted for population and
inflation. Requires unexpected revenues above historic trends to be
deposited into the state 'rainy day' fund, limiting spending. In many
years, there will be increased amounts of money in the state 'rainy
day' fund. Limits spending of the state 'rainy day' fund to when
state revenues drop below last year's budget, adjusted for population
and inflation, and other limited purposes, including for a declared
emergency. Once the state 'rainy day' fund becomes full, additional
revenues can only be used for one-time expenses like infrastructure,
debt repayment, or retained in the state 'rainy day' fund."

   (2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot title
and summary, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General
shall include the financial impact summary prepared pursuant to
Section 9087 of the Elections Code and Section 88003 of the
Government Code.
   (d) At the appropriate location on the ballot, in the manner
prescribed by law, there shall be provided the opportunity for voters
to indicate whether they vote for or against the measure.
   (e) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choices by means thereof are in compliance
with this section.
   (f) The Secretary of State shall include in the ballot pamphlets
for the 2012 statewide presidential primary election, mailed pursuant
to Section 9094 of the Elections Code, the information specified in
Section 9084 of the Elections Code regarding the measure identified
in subdivision (a). 
   SEC. 3.    Notwithstanding Section 9040 of the
Elections Code or any other provision of law, the Secretary of State
shall submit Assembly Constitutional Amendment 4 of the 2009-10
Regular Session to the voters at the November 4, 2014, statewide
general election.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (1) That the current two-hundred-dollar ($200) fee imposed for
filing a proposed ballot initiative with the Attorney General is
inadequate to cover the administrative costs to the state to process
the proposed initiative.
   (2) Originally set in 1943, the $200 fee was intended to cover the
administrative costs of the initiative process to the state.
   (3) According to the Consumer Price Index, the value of the $200
in 1943 corresponds to approximately $2,480 today.  

  SEC. 2.    Section 9001 of the Elections Code is
amended to read:
   9001.  (a) Prior to the circulation of any initiative or
referendum petition for signatures, the text of the proposed measure
shall be submitted to the Attorney General with a written request
that a circulating title and summary of the chief purpose and points
of the proposed measure be prepared. The electors presenting the
request shall be known as the "proponents." The Attorney General
shall preserve the written request until after the next general
election.
   (b) Each and every proponent of any proposed initiative measure
shall, at the time of submitting the text of the proposed measure,
provide both of the following:
   (1) An original signed certification stating that "I, (insert
name), declare under penalty of perjury that I am a citizen of the
United States, 18 years of age or older, and a resident of (insert
county), California."
   (2) Public contact information.
   (c) The proponents of any initiative measure, at the time of
submitting the text of the proposed measure to the Attorney General,
shall pay a fee to the Attorney General of two thousand dollars
($2,000), which shall be placed in a trust fund in the office of the
Treasurer and refunded to the proponents if the measure qualifies for
the ballot within two years from the date the summary is furnished
to the proponents. If the measure does not qualify within that
period, the fee shall be immediately paid into the General Fund of
the state.
   (d) All referenda and proposed initiative measures must be
submitted to the Attorney General's Initiative Coordinator located in
the Sacramento Attorney General's Office via U.S. Postal Service,
alternative mail service, or personal delivery. Only printed
documents will be accepted, facsimile or e-mail delivery will not be
accepted.
   (e) The Attorney General's office shall not deem a request for a
circulating title and summary submitted until all of the requirements
of this section are met.