BILL ANALYSIS Ó SB 1253 Page 1 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. SB 1253 Page 2 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 SB 1253 Page 3 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 SB 1253 Page 4 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 Page 5