BILL NUMBER: SB 254 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 3, 2016
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE APRIL 22, 2015
INTRODUCED BY Senator Allen
Senators Allen and Leno
( Principal coauthors:
Senators Hancock, Jackson, and
Wieckowski )
FEBRUARY 18, 2015
An act to amend Section 73 of the Streets and Highways
Code, relating to state highways. An act to submit an
advisory question to the voters relating to campaign finance, calling
an election, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 254, as amended, Allen. State highways:
relinquishment. Campaign finance: advisory election.
This bill would call a special election to be consolidated with
the November 8, 2016, statewide general election. The bill would
require the Secretary of State to submit to the voters at the
November 8, 2016, consolidated election an advisory question asking
whether the Congress of the United States should propose, and the
California Legislature should ratify, an amendment or amendments to
the United States Constitution to overturn Citizens United v. Federal
Election Commission (2010) 558 U.S. 310, and other applicable
judicial precedents, as specified. The bill would require the
Secretary of State to communicate the results of this election to the
Congress of the United States.
This bill would declare that it is to take effect immediately as
an act calling an election.
Existing law gives the Department of Transportation full
possession and control of all state highways. Existing law describes
the authorized routes in the state highway system and establishes a
process for adoption of a highway on an authorized route by the
California Transportation Commission. Existing law also provides for
the commission to relinquish to local agencies state highway segments
that have been deleted from the state highway system by legislative
enactment or have been superseded by relocation, and in certain other
cases.
This bill would revise and recast these provisions to delete the
requirement that the portion to be relinquished be deleted from the
state highway system by legislative enactment.
The bill would require the department, not later than April 1,
2016, and biennially thereafter, to make a specified report to the
commission on which state highway routes or segments primarily serve
regional travel and do not primarily facilitate interregional
movement of people and goods. The bill would also authorize the
department to identify in the report which of those routes and
segments are the best candidates for relinquishment.
The bill would also authorize the commission to relinquish a
portion of a state highway to a county or city, if the department and
the county or city concerned have entered into an agreement
providing for the relinquishment of a portion of a state highway,
within the territorial limits of the county or city, that is not an
interstate highway and does not primarily facilitate the
interregional movement of people and goods, as determined in the
report. The bill would also require that the relinquishment of those
routes and segments is subject to certain conditions, including that
the department complete a specified cost-benefit analysis and hold a
public hearing on the proposed relinquishment.
The bill would require the commission to compile a list of all
portions of the state highway system relinquished in the previous 12
months and include this information in its annual report to the
Legislature, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the Overturn Citizens United Act .
SEC. 2. The Legislature finds and declares all of
the following:
(a) The United States Constitution and the Bill of Rights are
intended to protect the rights of individual human beings.
(b) Corporations are not mentioned in the United States
Constitution and the people have never granted constitutional rights
to corporations, nor have we decreed that corporations have authority
that exceeds the authority of "We the People."
(c) In Connecticut General Life Insurance Company v. Johnson
(1938) 303 U.S. 77, United States Supreme Court Justice Hugo Black
stated in his dissent, "I do not believe the word 'person' in the
Fourteenth Amendment includes corporations."
(d) In Austin v. Michigan Chamber of Commerce (1990) 494 U.S. 652,
the United States Supreme Court recognized the threat to a
republican form of government posed by "the corrosive and distorting
effects of immense aggregations of wealth that are accumulated with
the help of the corporate form and that have little or no correlation
to the public's support for the corporation's political ideas."
(e) In Citizens United v. Federal Election Commission (2010) 558
U.S. 310, the United States Supreme Court struck down limits on
electioneering communications that were upheld in McConnell v.
Federal Election Commission (2003) 540 U.S. 93 and Austin v. Michigan
Chamber of Commerce. This decision presents a serious threat to
self-government by rolling back previous bans on corporate spending
in the electoral process and allows unlimited corporate spending to
influence elections, candidate selection, policy decisions, and
public debate.
(f) In Citizens United v. Federal Election Commission, Justices
John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer, and Sonia
Sotomayor noted in their dissent that corporations have special
advantages not enjoyed by natural persons, such as limited liability,
perpetual life, and favorable treatment of the accumulation and
distribution of assets, that allow them to spend huge sums on
campaign messages that have little or no correlation with the beliefs
held by natural persons.
(g) Corporations have used the artificial rights bestowed on them
by the courts to overturn democratically enacted laws that municipal,
state, and federal governments passed to curb corporate abuses,
thereby impairing local governments' ability to protect their
citizens against corporate harms to the environment, consumers,
workers, independent businesses, and local and regional economies.
(h) In Buckley v. Valeo (1976) 424 U.S. 1, the United States
Supreme Court held that the appearance of corruption justified some
contribution limitations, but it wrongly rejected other fundamental
interests that the citizens of California find compelling, such as
creating a level playing field and ensuring that all citizens,
regardless of wealth, have an opportunity to have their political
views heard.
(i) In First National Bank of Boston v. Bellotti (1978) 435 U.S.
765 and Citizens Against Rent Control/Coalition for Fair Housing v.
Berkeley (1981) 454 U.S. 290, the United States Supreme Court
rejected limits on contributions to ballot measure campaigns because
it concluded that these contributions posed no threat of candidate
corruption.
(j) In Nixon v. Shrink Missouri Government PAC (2000) 528 U.S.
377, United States Supreme Court Justice John Paul Stevens observed
in his concurrence that "money is property; it is not speech."
(k) A February 2010 Washington Post-ABC News poll found that 80
percent of Americans oppose the ruling in Citizens United.
(l) Article V of the United States Constitution empowers and
obligates the people of the United States of America to use the
constitutional amendment process to correct those egregiously wrong
decisions of the United States Supreme Court that go to the heart of
our democracy and the republican form of self-government.
(m) The people of California and of the United States have
previously used ballot measures as a way of instructing their elected
representatives about the express actions they want to see them take
on their behalf, including provisions to amend the United States
Constitution.
SEC. 3. A special election is hereby called to be
held throughout the state on November 8, 2016. The special election
shall be consolidated with the statewide general election to be held
on that date. The consolidated election shall be held and conducted
in all respects as if there were only one election and only one form
of ballot shall be used.
SEC. 4. (a) Notwithstanding Section 9040 of the
Elections Code, the Secretary of State shall submit the following
advisory question to the voters at the November 8, 2016, consolidated
election:
"Shall the Congress of the United States propose, and the
California Legislature ratify, an amendment or amendments to the
United States Constitution to overturn Citizens United v. Federal
Election Commission (2010) 558 U.S. 310, and other applicable
judicial precedents, to allow the full regulation or limitation of
campaign contributions and spending, to ensure that all citizens,
regardless of wealth, may express their views to one another, and to
make clear that the rights protected by the United States
Constitution are the rights of natural persons only?"
(b) Upon certification of the election, the Secretary of State
shall communicate to the Congress of the United States the results of
the election asking the question set forth in subdivision (a).
(c) The provisions of the Elections Code that apply to the
preparation of ballot measures and ballot materials at a statewide
election apply to the measure submitted pursuant to this section.
SEC. 5. (a) Notwithstanding the requirements of
Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code
or any other law, the Secretary of State shall submit Section 4 of
this act to the voters at the November 8, 2016, statewide general
election.
(b) Notwithstanding Section 13115 of the Elections Code, Section 4
of this act and any other measure placed on the ballot by the
Legislature for the November 8, 2016, statewide general election
after the 131-day deadline set forth in Section 9040 of the Elections
Code shall be placed on the ballot, following all other ballot
measures, in the order in which they qualified as determined by
chapter number.
(c) The Secretary of State shall include, in the ballot pamphlets
mailed pursuant to Section 9094 of the Elections Code, the
information specified in Section 9084 of the Elections Code regarding
the ballot measure contained in Section 4 of this act.
SEC. 6. This act calls an election within the
meaning of Article IV of the Constitution and shall go into immediate
effect.
SECTION 1. Section 73 of the Streets and
Highways Code is amended to read:
73. (a) The Legislature finds and declares both of the following:
(1) Ownership and management of transportation infrastructure
should be placed at the most appropriate level of government.
Transportation infrastructure primarily serving regional travel and
not primarily facilitating interregional movement of people and goods
is typically best managed by local and regional government entities.
Transportation infrastructure, including interstate highways, that
is needed to facilitate interregional movement of people and goods is
typically best managed at the state government level.
(2) The Legislature intends for the department to identify routes,
and segments of routes, that may be appropriate candidates for
relinquishment and to streamline the process of approving
relinquishments where the department and the city or county have
entered into an agreement providing for the relinquishment.
(b) (1) The commission may relinquish to a county or city a
portion of a state highway within the county or city that has been
superseded by relocation.
(2) The commission shall not relinquish to a county or city a
portion of a state highway that has been superseded by relocation
until the department has placed the highway, as defined in Section
23, in a state of good repair. This requirement shall not obligate
the department for widening, new construction, or major
reconstruction, except as the commission may direct. A state of good
repair requires maintenance, as defined in Section 27, including
litter removal, weed control, and tree and shrub trimming to the time
of relinquishment.
(c) Whenever the department and the county or city concerned have
entered into an agreement providing therefor, or the legislative body
of the county or city has adopted a resolution consenting thereto,
the commission may relinquish, to that county or city, any frontage
or service road or outer highway, within the territorial limits of
the county or city, that has been constructed as a part of a state
highway project, but does not constitute a part of the main traveled
roadway thereof.
(d) The commission may also relinquish, to a county or city within
whose territorial limits it is located, any nonmotorized
transportation facility, as defined in Section 887, constructed as
part of a state highway project if the county or city, as the case
may be, has entered into an agreement providing therefor or its
legislative body has adopted a resolution consenting thereto.
(e) (1) The commission may relinquish a portion of a state highway
to a county or city if the department and the county or city
concerned have entered into an agreement providing for the
relinquishment of that portion of that state highway, within the
territorial limits of the county or city, that is not an interstate
highway and does not primarily facilitate the interregional movement
of people and goods as determined in the report described in
subdivision (h). The department and the county or city shall agree
upon the condition or state of the relinquished portion of the state
highway at the time of its transfer from the department to the county
or city. The agreement shall specify any financial terms upon which
the department and county or city have agreed. The agreement shall
transfer all legal liability for the relinquished portion of the
state highway at the time of its transfer from the department to the
county or city.
(2) A relinquishment pursuant to paragraph (1) shall not occur
unless all of the following conditions are met:
(A) The commission has determined the relinquishment is in the
best interest of the state.
(B) The department completes a cost-benefit analysis on behalf of
the state that may include a review of route continuity, market value
assessments of the proposed relinquishment and associated parcels, a
review of historical and estimated future maintenance costs of the
proposed relinquishment, or any other quantifiable economic impacts.
(C) The commission holds a public hearing on the proposed
relinquishment.
(3) Upon relinquishment of a portion of a state highway under this
subdivision, the county or city accepting the relinquished former
portion of state highway shall maintain within its jurisdiction signs
directing motorists to the continuation of the remaining portions of
the state highway, if any, to the extent deemed necessary by the
department.
(f) Relinquishment shall be by resolution. A certified copy of the
resolution shall be filed with the board of supervisors or the city
clerk, as the case may be. A certified copy of the resolution shall
also be recorded in the office of the recorder of the county where
the land is located and, upon its recordation, all right, title, and
interest of the state in and to that portion of state highway shall
vest in the county or city, as the case may be, and that highway or
portion thereof shall thereupon constitute a county road or city
street, as the case may be.
(g) The vesting of all right, title, and interest of the state in
and to portions of state highways heretofore relinquished by the
commission, in the county or city to which it was relinquished, is
hereby confirmed.
(h) Not later than April 1, 2016, and biennially thereafter, the
department shall report to the commission on which state highway
routes or segments primarily serve regional travel and do not
primarily facilitate interregional movement of people and goods. The
department may identify these routes or segments by one or more
categories and shall indicate which routes and segments are the best
candidates for relinquishment. The report shall include an aggregate
estimate of future maintenance and preservation costs of the
identified routes and segments. The commission, in consultation with
the department, shall develop guidelines for this report.
(i) (1) Prior to relinquishing a portion of a state highway to a
county or a city, the department shall give 90 days' notice in
writing of intention to relinquish to the board of supervisors, or
the city council, as the case may be, of both the jurisdiction and
location of the portion of the state highway to be relinquished and
the jurisdictions immediately adjacent to the route where the state
highway continues. Where the resolution of relinquishment contains a
recital as to the giving of the notice, adoption of the resolution of
relinquishment shall be conclusive evidence that the notice has been
given.
(2) With respect to a relinquishment pursuant to subdivision (b),
within the 90-day period, the board of supervisors or the city
council may protest in writing to the commission stating the reasons
therefor, including, but not limited to, objections that the highway
is not in a state of good repair, or is not needed for public use and
should be vacated by the commission. If the commission does not
comply with the requests of the protesting body, it may proceed with
the relinquishment only after a public hearing given to the
protesting body on 10 days' written notice.
(j) The commission shall compile a list of all portions of the
state highway system relinquished in the previous 12 months and
include this information in its annual report to the Legislature
pursuant to Section 14535 of the Government Code.