BILL ANALYSIS Ó
AB 884
Page 1
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
884 (Rendon) - As Amended May 5, 2015
-----------------------------------------------------------------
|Policy |Rules |Vote:|11 - 0 |
|Committee: | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| |Elections and Redistricting | |5 - 1 |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill:
1)Requires the Attorney General (AG), if in preparing a
AB 884
Page 2
circulating title and summary for a proposed initiative,
determines that the measure would likely violate an
individual's constitutional rights, to include a specified
statement of such in the title and summary. This statement
would not count toward the existing 100-word limit to the
title and summary.
2)Authorizes an elector to seek a writ of mandate challenging
inclusion of the above statement.
FISCAL EFFECT:
The AG will experience additional, unknown costs associated with
analyzing the constitutionality of proposed initiatives, with
respect to individual rights, and defending potential challenges
to any determination that a measure would violate those rights.
If the equivalent of a half-time attorney position was required,
ongoing costs would be $75,000 annually.
COMMENTS:
1)Purpose. According to the American Civil Liberties Union of
California, "?AB 884 is a modest step forward. The bill
provides a simple mechanism to inform voters of the likely
impact of a potential ballot measure on the constitutionally
protected rights of individuals."
2)Background. In February of this year, a proposed initiative
measure, entitled the "Sodomite Suppression Act" by its
proponent, was submitted to the AG for preparation of a
circulating title and summary. Among other provisions, that
measure provides that a "person who willingly touches another
person of the same gender for the purposes of sexual
AB 884
Page 3
gratification [shall] be put to death" and that the
distribution or transmission of "sodomistic propaganda," as
defined, is punishable by a $1 million fine, imprisonment for
10 years, or expulsion from the state.
Last month, Attorney General Kamala Harris filed an action for
declaratory relief seeking judicial authorization not to issue
a circulating title and summary for that proposed initiative
measure. In announcing that action, Attorney General Harris
issued the following statement:
As Attorney General of California, it is my sworn duty
to uphold the California and United States
Constitutions and to protect the rights of all
Californians. This proposal not only threatens public
safety, it is patently unconstitutional, utterly
reprehensible, and has no place in a civil society.
Today, I am filing an action for declaratory relief
with the Court seeking judicial authorization for
relief from the duty to prepare and issue the title
and summary for the "Sodomite Suppression Act." If
the Court does not grant this relief, my office will
be forced to issue a title and summary for a proposal
that seeks to legalize discrimination and vigilantism.
Attorney General Harris' request for declaratory relief is
pending in the Sacramento Superior Court.
3)Opposition. The Howard Jarvis Taxpayers Association states, "?
we think such broad language being included in the ballot
pamphlet could lead to the direct democracy process becoming
needlessly politicized, and also confusing, for voters. For
instance, what is to stop a pension reform measure from having
this warning because it might violate an individual's right to
a secure retirement? Or regarding the more recent Proposition
26, that it violates an individual's right to breathe clean
AB 884
Page 4
air because it allegedly aids polluters? While well
intentioned, without tighter controls this language could be
subject to manipulation."
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081