Amended in Senate March 31, 2016

Senate Bill No. 1251

Introduced by Senator Moorlach

February 18, 2016

An act to amend Section 9084 of the Elections Code, and to amend Section 88001 of, and to add Chapter 5.3 (commencing with Section 8347) to Division 1 of Title 2 of, the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

SB 1251, as amended, Moorlach. Publication of state financial obligations: Internet Web site and ballot pamphlet.

(1) Existing law requires a local agency, if it maintains an Internet Web site and is required to report specific financial information to the Controller, to post, in a conspicuous location on its Internet Web site, information on the annual compensation of its elected officials, officers, and employees. Existing law authorizes a local agency to meet this requirement by posting a link to the Controller’s Government Compensation in California Internet Web site in a conspicuous location on its Internet Web site.

This bill would establish the California Financial Transparency Act of 2016 and would require begin delete ____ [an entity of state government] end delete begin insert the Legislative Analyst end insert to create and maintain a dedicated begin insert Internet end insert Web begin delete page, end delete begin insert page that is end insert hyperlinked to the homepage of begin delete its end delete begin insert the end insert Internet Web begin delete site, end delete begin insert site of the Legislative Analyst’s Office end insert that lists specific state financial obligations.

(2) The Political Reform Act of 1974 and the Elections Code each require the Secretary of State to prepare a ballot pamphlet that contains specific information.

This bill would require the Secretary of State to include in a ballot pamphlet a copy of all the information posted on begin delete a end delete begin insert the end insert dedicated begin insert Internet end insert Web begin delete page, end delete begin insert page that is end insert hyperlinked to the homepage of the Internet Web site of begin delete an unspecified entity in state government, end delete begin insert the Legislative Analyst’s Office end insert pursuant to the California Financial Transparency Act of 2016.

(3) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes with a 2⁄3 vote of each house and compliance with specified procedural requirements.

The act also provides that, notwithstanding this vote requirement, the Legislature may amend specified provisions to add to the ballot pamphlet information regarding candidates or other information.

This bill, which would require additional information to be included in the ballot pamphlet, without making other changes to the act, would therefore require a majority vote.

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.  

Section 9084 of the Elections Code is amended
to read:

9084.  

The ballot pamphlet shall contain all of the following:

(a) A complete copy of each state measure.

(b) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.

(c) A copy of the arguments and rebuttals for and against each
state measure.

(d) A copy of the analysis of each state measure.

(e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.

(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.

(g) A written explanation of the judicial retention procedure as
required by Section 9083.

(h) The Voter Bill of Rights pursuant to Section 2300.

(i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to
place a statement in the state ballot pamphlet that does not exceed
250 words. The statement may not make any reference to any
opponent of the candidate. The statement shall be submitted in
accordance with timeframes and procedures set forth by the
Secretary of State for the preparation of the state ballot pamphlet.

(j) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.

(k) If the ballot contains an election for the offices of President
and Vice President of the United States, a notice that refers voters
to the Secretary of State’s Internet Web site for information about
candidates for the offices of President and Vice President of the
United States.

(l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5.

(m) A written explanation of the top 10 contributor lists required
by Section 84223 of the Government Code, including a description
of the Internet Web sites where those lists are available to the
public.

(n) A copy of all the information posted on the begin insert dedicated
Internet end insert Web page begin delete of end delete begin insert that is hyperlinked to end insert the begin insert homepage of the end insert
Internet Web site of the begin delete ____ end delete begin insert end insert begin insert Legislative Analyst end insert begin insert ’s Office end insert pursuant
to the California Financial Transparency Act of 2016 (Chapter 5.3
(commencing with Section 8347) of Division 1 of Title 2 of the
Government Code).

SEC. 2.  

Chapter 5.3 (commencing with Section 8347) is added
to Division 1 of Title 2 of the Government Code, to read:

 

Chapter  5.3. California Financial Transparency Act of
2016

 

8347.  

This chapter shall be known and may be cited as the
California Financial Transparency Act of 2016.

8347.10.  

The begin delete ____ [an entity of state government] end delete begin insert Legislative
Analyst end insert shall post all of the following current total amounts on a
dedicated begin insert Internet end insert Web page that is hyperlinked to the homepage
of begin delete its end delete begin insert the end insert Internet Web begin delete site: end delete begin insert site of the Legislative Analyst’s Office: end insert

(a) State revenues.

(b) State expenditures.

(c) Unfunded state pension liability.

(d) Unfunded state retiree medical benefit liability.

(e) Unfunded infrastructure needs.

(f) Bond debt.

begin insert

(g) Unrestricted net position.

end insert

8347.20.  

On or before January 1 and July 1 of each year, the
begin delete ____ end delete begin insert end insert begin insert Legislative Analyst end insert shall update the begin insert Internet end insert Web page
required by Section 8347.10.

SEC. 3.  

Section 88001 of the Government Code is amended
to read:

88001.  

The ballot pamphlet shall contain all of the following:

(a) A complete copy of each state measure.

(b) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.

(c) A copy of the arguments and rebuttals for and against each
state measure.

(d) A copy of the analysis of each state measure.

(e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.

(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.

(g) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.

(h) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.

(i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to
place a statement in the state ballot pamphlet that does not exceed
250 words. The statement may not make any reference to any
opponent of the candidate. The statement shall be submitted in
accordance with timeframes and procedures set forth by the
Secretary of State for the preparation of the state ballot pamphlet.

(j) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.

(k) If the ballot contains an election for the offices of President
and Vice President of the United States, a notice that refers voters
to the Secretary of State’s Internet Web site for information about
candidates for the offices of President and Vice President of the
United States.

(l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.

(m) A written explanation of the top 10 contributor lists required
by Section 84223, including a description of the Internet Web sites
where those lists are available to the public.

(n) A copy of all the information posted on the begin insert dedicated
Internet end insert Web page begin delete of end delete begin insert that is hyperlinked to end insert the begin insert homepage of the end insert
Internet Web site of the begin delete ____ end delete begin insert end insert begin insert Legislative Analyst end insert begin insert ’s Office end insert pursuant
to the California Financial Transparency Act of 2016 (Chapter 5.3
(commencing with Section 8347) of Division 1 of Title 2).

SEC. 4.  

The Legislature finds and declares that Section 3 of
this act, amending Section 88001 of the Government Code, is an
amendment of the Political Reform Act of 1974 that requires the
inclusion of additional information on the ballot pamphlet in
accordance with Section 88007 of the Government Code.