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