AB 884,
as amended, begin deleteCalderonend delete begin insertRendonend insert. begin deleteEducational equity: gender equity in education. end deletebegin insert Initiative petitions: public records.end insert
(1) Under the California Public Records Act, statewide, county, city, and district initiative, referendum, and recall petitions, certain other petitions, and related memoranda are not public records and are not open to inspection, except as specified.
end insertbegin insertThis bill would create an exception to that exemption for petitions for statewide initiatives that the Attorney General has determined would likely result in a violation of an individual’s constitutional rights, thereby making those petitions subject to inspection by the public. By requiring local agencies to produce additional records for inspection, this bill would impose a state-mandated local program.
end insertbegin insert(2) Existing law requires the Attorney General to provide a ballot label and a ballot title for each measure to be submitted to the voters at a statewide election, and requires the Attorney General to prepare a summary of the chief purposes and points of each statewide ballot measure as part of the ballot title. Existing law provides for the format of an initiative measure petition and requires, prior to circulation, the placement of specified information across the top of the petition of a proposed initiative measure in 12-point or larger roman boldface type.
end insertbegin insertThis bill would require the Attorney General, if he or she determines during preparation of the circulating title and summary for a statewide initiative measure that the measure would likely result in a violation of an individual’s constitutional rights, to include a specified statement in the title and summary. The bill would require, for those measures that the Attorney General determines would likely result in a violation of an individual’s constitutional rights, specified information on the petition to be in 16-point or larger roman boldface type, and would require a statement notifying the public that the petition, including information provided by signatories to the petition, is subject to the California Public Records Act.
end insertbegin insert(3) Existing law prohibits a person from knowingly or willfully permitting the list of signatures on an initiative, referendum, or recall petition to be used for any purpose other than qualification of the initiative or referendum measure or recall question for the ballot, and provides that violation of that provision is a misdemeanor.
end insertbegin insertThis bill would repeal those provisions.
end insertbegin insertThe California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law, the Sex Equity in Education Act, states the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted without regard to the sex of the pupil enrolled in these classes or courses. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to, discrimination under any education program or activity receiving federal financial assistance.
end deleteAn article of existing law, entitled “Athletes’ Bill of Rights,” requires the State Department of Education to post on its Internet Web site, in both English and Spanish and at a reading level that may be comprehended by pupils in high school, the information set forth in the federal regulations implementing Title IX. This existing article also enumerates the rights available to a pupil relating to gender equity in athletics.
end deleteThis bill would change the title of the existing article referenced above to “Gender Equity in Education.”
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 6253.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
begin insert(a)end insertbegin insert end insert Notwithstanding Sections 6252 and 6253,begin insert and
4except as provided by subdivision (d),end insert statewide, county, city, and
5district initiative, referendum, and recall petitions, petitions
6circulated pursuant to Section 5091 of the Education Code,
7petitions for the reorganization of school districts submitted
8pursuant to Article 1 (commencing with Section 35700) of Chapter
94 of Part 21 of the Education Code, petitions for the reorganization
10of community college districts
submitted pursuant to Part 46
11(commencing with Section 74000) of the Education Code and all
12memoranda prepared by the county elections officials in the
13examination of the petitions indicating which registered voters
14have signed particular petitions shall not be deemedbegin delete to beend delete public
15records and shall not be open to inspection except by the public
16officer or public employees who have the duty of receiving,
17begin delete examiningend deletebegin insert examining,end insert or preserving the petitions or who are
18responsible for the preparation of that memoranda and, if the
19petition is found to be insufficient, by the proponents of the petition
20and the representatives of the proponents as may be designated by
21the proponents in writing in order to determine which signatures
22were
disqualified and the reasonsbegin delete therefor.end deletebegin insert for disqualification.end insert
23 However, the Attorney General, the Secretary of State, the Fair
24Political Practices Commission, a district attorney, a school district
P4 1or a community college district attorney, and a city attorney shall
2be permitted to examine the material upon approval of the
3appropriate superior court.
4 If
end delete
5begin insert(b)end insertbegin insert end insertbegin insertIfend insert the proponents of a petition are permitted to examine the
6petition and memoranda, the examination shall commence not
7later than 21 days afterbegin insert the date ofend insert certification of insufficiency.
8(a)
end delete
9begin insert(end insertbegin insertc)end insert As used in thisbegin delete section, “petition” shall meanend deletebegin insert section:end insert
10begin insert(1)end insertbegin insert end insertbegin insert“Petition” meansend insert any petition to which a registered voter
11has affixed his or her signature.
12(b) As used in this section “proponents of the petition”
end delete13begin insert(2)end insertbegin insert end insertbegin insert“Proponents of the petition”end insert means the following:
14(1)
end delete
15begin insert(A)end insert For statewide initiative and referendum measures, the person
16or persons who submit a draft of a petition proposing the measure
17to the Attorney General with a request that he or she prepare a title
18and summary of the chief purpose and points of the proposed
19measure.
20(2)
end delete
21begin insert(B)end insert For other initiative and referenda on measures, the person
22or persons who publish a notice of intention to circulate petitions,
23or, where publication is not required, who file petitions with the
24elections official.
25(3)
end delete
26begin insert(C)end insert For recall measures, the person or persons defined in Section
27343 of the Elections Code.
28(4)
end delete
29begin insert(D)end insert For petitions circulated pursuant to Section 5091 of the
30Education Code, the person or persons having charge of the petition
31who submit the petition to the county superintendent of schools.
32(5)
end delete
33begin insert(E)end insert For petitions circulated pursuant to Article 1 (commencing
34with Section 35700) of Chapter 4 of Part 21begin insert
of Division 3 of Title
352end insert of the Education Code, the person or persons designated as chief
36petitioners under Section 35701 of the Education Code.
37(6)
end delete
38begin insert(end insertbegin insertF)end insert For petitions circulated pursuant to Part 46 (commencing
39with Section 74000)begin insert of Division 7 of Title 3end insert of the Education Code,
P5 1the person or persons designated as chief petitioners under Sections
274102, 74133, and 74152 of the Education Code.
3(d) This section does not apply to petitions for statewide
4initiative measures that the Attorney General has determined, in
5accordance with subdivision (b) of Section 9004 of the Elections
6Code, would likely result in a violation of an individual’s
7constitutional rights.
begin insertSection 9004 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert
(a) Upon receipt of the text of a proposed initiative
10measure, and after the public review period provided for in Section
119002, the Attorney General shall prepare a circulating title and
12summary of the chief purposes and points of the proposed measure.
13The circulating title and summary shall not exceed 100 words. The
14Attorney General shall also provide a unique numeric identifier
15for each proposed initiative measure. The circulating title and
16summary shall be prepared in the manner provided for the
17preparation of ballot titles and summaries in Article 5 (commencing
18with Section 9050), the provisions of which, in regard to the
19preparation, filing, and settlement of ballot titles and summaries,
20are applicable to the circulating title and summary.
21(b) If, during his or her preparation of the circulating title and
22summary for a proposed initiative measure, the Attorney General
23determines that the measure would likely result in a violation of
24an individual’s constitutional rights, he or she shall include the
25following statement in the circulating title and summary:
26(b)
end delete
27“The Attorney General has determined that this initiative
28measure, if approved by the voters, would likely result in a
29violation of an individual’s rights under the United States
30Constitution or the California Constitution.”
31begin insert(c)end insert The Attorney General shall provide a copy of the circulating
32title and summary and its unique numeric identifier to the
33proponents and to the Secretary of State within 15 days after receipt
34of the fiscal estimate or opinion prepared by the Department of
35Finance and the Legislative Analyst pursuant to Section 9005. The
36date the copy is delivered or mailed to the proponents is the
37“official summary date.”
38(c)
end delete
39begin insert(d)end insert Upon receipt of the circulating title and summary from the
40Attorney General, the Secretary of State shall, within one business
P6 1day, notify the proponents and county elections official of each
2county of the official summary date and provide a copy of
the
3circulating title and summary to each county elections official.
4This notification shall also include a complete schedule showing
5the maximum filing deadline, and the certification deadline by the
6counties to the Secretary of State.
begin insertSection 9008.5 is added to the end insertbegin insertElections Codeend insertbegin insert, to read:end insert
begin insertA proposed initiative measure that the Attorney General
9has determined, in accordance with subdivision (b) of Section
109004, would likely result in a violation of an individual’s
11constitutional rights shall, prior to circulation, have placed across
12the top of the petition in 16-point or larger roman boldface type,
13all of the following:
14(a) The Attorney General’s unique numeric identifier placed
15before the circulating title and summary upon each page where
16the circulating title and summary is to appear.
17(b) The circulating title and summary prepared by the Attorney
18General upon each page of the petition on which signatures are
19to appear.
20(c) The circulating title and summary prepared by the Attorney
21General upon each section of the petition preceding the text of the
22measure.
23(d) The circulating title and summary prepared by the Attorney
24General as required by subdivision (c) shall be preceded by the
25following statement: “Initiative measure to be submitted directly
26to the voters. This petition, including information provided by
27signatories to the petition, is subject to the California Public
28Records Act.”
begin insertSection 18650 of the end insertbegin insertElections Codeend insertbegin insert is repealed.end insert
No one shall knowingly or willfully permit the list of
31signatures on an initiative, referendum, or recall petition to be used
32for any purpose other than qualification of the initiative or
33referendum measure or recall question for the ballot, except as
34provided in Section 6253.5 of the Government Code. Violation of
35this section is a misdemeanor.
The Legislature finds and declares that Section 1 of
37this act, which amends Section 6253.5 of the Government Code,
38furthers, within the meaning of paragraph (7) of subdivision (b)
39of Section 3 of Article I of the California Constitution, the purposes
40of that constitutional section as it relates to the right of public
P7 1access to the meetings of local public bodies or the writings of
2local public officials and local agencies. Pursuant to paragraph
3(7) of subdivision (b) of Section 3 of Article I of the California
4Constitution, the Legislature makes the following findings:
5Access to information concerning proposed measures to be
6submitted directly to the voters related to the people’s business is
7a fundamental and necessary right of every person in this state,
8and serves to preserve the integrity of the electoral process by
9combating fraud and fostering government transparency and
10accountability.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district under this act would result from a legislative mandate that
15is within the scope of paragraph (7) of subdivision (b) of Section
163 of Article I of the California Constitution.
The heading of Article 10 (commencing with
18Section 270) of Chapter 2 of Part 1 of Division 1 of Title 1 of the 19Education
Code is amended to read:
20
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