BILL ANALYSIS Ó
SB 1253
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1253 (Steinberg) - As Amended: August 4, 2014
Policy Committee: ElectionsVote:5-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill makes numerous modifications to the initiative
qualification process. Specifically, this bill:
1)Requires the Attorney General (AG), upon receipt of a request
from proponents of a proposed initiative measure for a
circulating title and summary, to initiate a public review
process for a period of 30 days by:
a) Posting the text of the proposed initiative on the AG's
website.
b) Inviting, and providing for the submission of, written
public comments on the proposed initiative. The written
comments would be public records, available for inspection
upon request pursuant to existing law, but would not be
displayed to the public during the public review period.
The AG must transmit any written public comments received
during the public review period to the initiative
proponents.
2)Permits proponents of the proposed initiative measure, during
the public review period, to submit amendments as long as they
are germane to the purpose or subject of the measure initially
proposed. Prohibits the submission of an amendment from
extending the period to prepare the fiscal estimate. Prohibits
an amendment from being accepted more than five days after the
public review period is concluded. Provides that a proponent
shall not be prohibited from proposing a new initiative
measure and requesting that a circulating title and summary be
prepared for that measure pursuant to existing law.
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3)Requires the fiscal estimate from the Legislative Analyst and
the Department of Finance to be delivered to the AG within 50
days of the date of receipt of the proposed measure by the AG,
instead of 25 working days from the date the AG receives the
final version of the proposed measure.
4)Extends, from 150 days to 180 days, the time that a proposed
initiative measure petition may be circulated.
5)Requires the SOS, upon receiving an initiative petition
certified to have been signed by the requisite number of
voters, to determine the date of the next statewide election
occurring in not less than 131 days.
6)Requires the SOS, on the 131st day before the election date
identified per (5), to issue a certificate of qualification
that the initiative has qualified for the ballot.
7)Authorizes initiative or referendum proponents to withdraw a
measure at any time prior to when the SOS provides the
certification per (6).
8)Requires initiative proponents to submit to the SOS a
certification, signed under penalty of perjury, when 25% of
the requisite number of signatures have been collected. The
SOS must transmit this certification to the Senate and
Assembly, and the appropriate legislative committee must hold
a joint hearing on the proposed initiative no later than 131
days before the date of the election.
9)Extends the time period that the SOS must make the ballot
pamphlet available for public examination from 20 days to 25
days.
10)Requires the ballot title and summary to:
a) Be written in clear and concise terms, understandable to
the average voter, and in an objective and nonpartisan
manner, avoiding the use of technical terms whenever
possible.
b) Describe the type and amount of the tax or fee if part
of the measure.
c) Disclose if the measure repeals existing law in a
substantial manner.
d) Disclose if the measure is contingent on the passage or
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defeat of another measure or statute.
11)Stipulates that the Legislature shall provide the AG with
sufficient funding for preparation of ballot titles and
summaries, including plain-language specialists.
12)Requires the AG to invite and consider public comment in
preparing each ballot title and summary.
13)Requires the SOS to consolidate on a website the following
information about each state ballot measure:
a) A summary of the measure.
b) The current list of the top 10 contributors supporting
and opposing the measure as compiled by the Fair Political
Practices Commission (FPPC).
c) A list of each committee primarily formed to support or
oppose the measure and a means to access sources of funding
reported for each committee, and for such committees that
raise more than $1 million, a means to access that
committee's top 10 contributors online as reported to the
FPPC.
d) Other information deemed relevant by the SOS.
e) Requires the SOS to establish a process allowing a
voter, upon operation of the statewide voter registration
database (VoteCal), to receive the state ballot pamphlet in
an electronic format or receive an email that the pamphlet
is available online. (Under current law, the SOS is
required to establish a process allowing a voter to opt out
of receiving the state ballot pamphlet by mail, upon
activation of VoteCal.
FISCAL EFFECT
1)The SOS will incur minor additional costs ($40,000 annually)
to create a website and update information on each ballot
measure. All other administrative costs to the SOS will be
minor and absorbable.
2)Extending the petition circulation period by 30 days will
increase the likelihood that more measures will qualify for
the ballot. On the other hand, providing the opportunity for
legislative review during the circulation period could lead to
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agreements with the Legislature and withdrawal of some
measures from circulation. The net impact of these two changes
is unknown, however, the average cost for including in the
state ballot pamphlet the text, analysis, and arguments for
and against a measure are around $600,000 per measure.
3)The SOS anticipates minor costs to notify voters
electronically that the state ballot pamphlet is available
online. To the extent voters elect not to receive the state
ballot pamphlet via the mail due to the availability of an
online version, savings could far outweigh the costs of the
email notification.
4)The AG could incur annual General Fund costs of up to $300,000
if three positions are needed for additional initiative
workload related to the public comment periods and new
requirements for ballot titles and summaries.
COMMENTS
1)Purpose . According to the author, "The Public Policy Institute
of California's (PPIC) 2013 Statewide Survey results
substantiated the public's desire to maintain the initiative
process but with targeted improvements. The PPIC survey found
that 83% of voters "say the wording of initiatives is often
too complicated," 75% of voters favor "giving initiative
sponsors more time to qualify initiatives if they use only
volunteers to gather signatures," and 77% of voters "support a
review and revision process to avoid legal issues and drafting
errors."
"There have been many discussions about the initiative process
and possible improvements. SB 1253 takes a reasonable approach
to initiative reform that addresses the concerns many
Californians have voiced with the current system."
2)Related Legislation . SB 844 (Pavley), also on today's
committee agenda, contains provisions similar, though more
extensive than this bill regarding the SOS establishing a
website to consolidate certain information about each proposed
initiative on the statewide ballot.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081
SB 1253
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