BILL NUMBER: AB 884	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member  Calderon  
Rendon 

                        FEBRUARY 26, 2015

   An act to amend  the heading of Article 10 (commencing
with Section 270) of Chapter 2 of Part 1 of Division 1 of Title 1 of
the Education Code, relating to educational equity.  
Section 9004 of, to add Section 9008.5 to, and to repeal Section
18650 of, the Elections Code, and to amend Section 6253.5 of the
Government Code, relating to initiatives   . 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 884, as amended,  Calderon   Rendon 
.  Educational equity: gender equity in education. 
 Initiative petitions: public records.  
   (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.  
   This 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.  
   (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.  
   This 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.  
   (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.  
   This bill would repeal those provisions.  
   The 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.  
   This bill would make legislative findings to that effect. 

   The 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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing 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.  
   An 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.  
   This bill would change the title of the existing article
referenced above to "Gender Equity in Education." 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 6253.5 of the  
Government Code   is amended to read: 
   6253.5.   (a)    Notwithstanding Sections 6252
and 6253,  and except as provided by subdivision (d), 
statewide, county, city, and district initiative, referendum, and
recall petitions, petitions circulated pursuant to Section 5091 of
the Education Code, petitions for the reorganization of school
districts submitted pursuant to Article 1 (commencing with Section
35700) of Chapter 4 of Part 21 of the Education Code, petitions for
the reorganization of community college districts submitted pursuant
to Part 46 (commencing with Section 74000) of the Education Code and
all memoranda prepared by the county elections officials in the
examination of the petitions indicating which registered voters have
signed particular petitions shall not be deemed  to be
 public records and shall not be open to inspection except
by the public officer or public employees who have the duty of
receiving,  examining   examining,  or
preserving the petitions or who are responsible for the preparation
of that memoranda and, if the petition is found to be insufficient,
by the proponents of the petition and the representatives of the
proponents as may be designated by the proponents in writing in order
to determine which signatures were disqualified and the reasons
 therefor.   for disqualification. 
However, the Attorney General, the Secretary of State, the Fair
Political Practices Commission, a district attorney, a school
district or a community college district attorney, and a city
attorney shall be permitted to examine the material upon approval of
the appropriate superior court. 
    If 
    (b)     If  the proponents of a
petition are permitted to examine the petition and memoranda, the
examination shall commence not later than 21 days after  the date
of  certification of insufficiency. 
   (a) 
    (   c)  As used in this  section,
"petition" shall mean   section: 
    (1)     "Petition" means  any petition
to which a registered voter has affixed his or her signature.

   (b) As used in this section "proponents of the petition" 

    (2)     "Proponents of the petition" 
means the following: 
   (1) 
    (A)  For statewide initiative and referendum measures,
the person or persons who submit a draft of a petition proposing the
measure to the Attorney General with a request that he or she prepare
a title and summary of the chief purpose and points of the proposed
measure. 
   (2) 
    (B)  For other initiative and referenda on measures, the
person or persons who publish a notice of intention to circulate
petitions, or, where publication is not required, who file petitions
with the elections official. 
   (3) 
    (C)  For recall measures, the person or persons defined
in Section 343 of the Elections Code. 
   (4) 
    (D)  For petitions circulated pursuant to Section 5091
of the Education Code, the person or persons having charge of the
petition who submit the petition to the county superintendent of
schools. 
   (5) 
    (E)  For petitions circulated pursuant to Article 1
(commencing with Section 35700) of Chapter 4 of Part 21  of
Division 3 of Title 2  of the Education Code, the person or
persons designated as chief petitioners under Section 35701 of the
Education Code. 
   (6) 
    (   F)  For petitions circulated pursuant to
Part 46 (commencing with Section 74000)  of Division 7 of Title 3
 of the Education Code, the person or persons designated as
chief petitioners under Sections 74102, 74133, and 74152 of the
Education Code. 
   (d) This section does not apply to petitions for statewide
initiative measures that the Attorney General has determined, in
accordance with subdivision (b) of Section 9004 of the Elections
Code, would likely result in a violation of an individual's
constitutional rights. 
   SEC. 2.    Section 9004 of the   Elections
Code   is amended to read: 
   9004.  (a) Upon receipt of the text of a proposed initiative
measure, and after the public review period provided for in Section
9002, the Attorney General shall prepare a circulating title and
summary of the chief purposes and points of the proposed measure. The
circulating title and summary shall not exceed 100 words. The
Attorney General shall also provide a unique numeric identifier for
each proposed initiative measure. The circulating title and summary
shall be prepared in the manner provided for the preparation of
ballot titles and summaries in Article 5 (commencing with Section
9050), the provisions of which, in regard to the preparation, filing,
and settlement of ballot titles and summaries, are applicable to the
circulating title and summary. 
   (b) If, during his or her preparation of the circulating title and
summary for a proposed initiative measure, the Attorney General
determines that the measure would likely result in a violation of an
individual's constitutional rights, he or she shall include the
following statement in the circulating title and summary: 

   (b)  
   "The Attorney General has determined that this initiative measure,
if approved by the voters, would likely result in a violation of an
individual's rights under the United States Constitution or the
California Constitution." 
    (c)  The Attorney General shall provide a copy of the
circulating title and summary and its unique numeric identifier to
the proponents and to the Secretary of State within 15 days after
receipt of the fiscal estimate or opinion prepared by the Department
of Finance and the Legislative Analyst pursuant to Section 9005. The
date the copy is delivered or mailed to the proponents is the
"official summary date." 
   (c) 
    (d)  Upon receipt of the circulating title and summary
from the Attorney General, the Secretary of State shall, within one
business day, notify the proponents and county elections official of
each county of the official summary date and provide a copy of the
circulating title and summary to each county elections official. This
notification shall also include a complete schedule showing the
maximum filing deadline, and the certification deadline by the
counties to the Secretary of State.
   SEC. 3.    Section 9008.5 is added to the  
Elections Code   , to read:  
   9008.5.  A proposed initiative measure that the Attorney General
has determined, in accordance with subdivision (b) of Section 9004,
would likely result in a violation of an individual's constitutional
rights shall, prior to circulation, have placed across the top of the
petition in 16-point or larger roman boldface type, all of the
following:
   (a) The Attorney General's unique numeric identifier placed before
the circulating title and summary upon each page where the
circulating title and summary is to appear.
   (b) The circulating title and summary prepared by the Attorney
General upon each page of the petition on which signatures are to
appear.
   (c) The circulating title and summary prepared by the Attorney
General upon each section of the petition preceding the text of the
measure.
   (d) The circulating title and summary prepared by the Attorney
General as required by subdivision (c) shall be preceded by the
following statement: "Initiative measure to be submitted directly to
the voters. This petition, including information provided by
signatories to the petition, is subject to the California Public
Records Act." 
   SEC. 4.    Section 18650 of the   Elections
Code   is repealed.  
   18650.  No one shall knowingly or willfully permit 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, except as
provided in Section 6253.5 of the Government Code. Violation of this
section is a misdemeanor. 
   SEC. 5.    The Legislature finds and declares that
Section 1 of this act, which amends Section 6253.5 of the Government
Code, furthers, within the meaning of paragraph (7) of subdivision
(b) of Section 3 of Article I of the California Constitution, the
purposes of that constitutional section as it relates to the right of
public access to the meetings of local public bodies or the writings
of local public officials and local agencies. Pursuant to paragraph
(7) of subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings: 

   Access to information concerning proposed measures to be submitted
directly to the voters related to the people's business is a
fundamental and necessary right of every person in this state, and
serves to preserve the integrity of the electoral process by
combating fraud and fostering government transparency and
accountability. 
   SEC. 6.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district under this act would result from a
legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution.  
  SECTION 1.    The heading of Article 10
(commencing with Section 270) of Chapter 2 of Part 1 of Division 1 of
Title 1 of the Education Code is amended to read:

      Article 10.  Gender Equity in Education