BILL NUMBER: AB 894 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Furutani
FEBRUARY 26, 2009
An act to amend Sections 9005, 9087, and 13247 of the Elections
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 894, as introduced, Furutani. Ballot measures: fiscal impact
statements.
Existing law requires that a draft of an initiative measure be
submitted to the Attorney General prior to circulation of the
initiative for signatures so that it may appear on the ballot.
Existing law requires the Attorney General to prepare the title and
summary for the proposed measure. Existing law requires that, if the
Attorney General determines that the proposed measure would affect
the revenues or expenditures of the state or local government, he or
she shall include in the title of the proposed measure either the
estimated increase or decrease in revenues or costs to the state or
local government, or an opinion as to whether the measure would
result in a substantial net change in state or local finances.
Existing law requires the title and summary of the Attorney General
to be placed on the heading of a petition for the measure and on each
page of the petition.
This bill would require the fiscal impact statement included in
the title and summary of the Attorney General to be in boldface type.
Existing law requires that a ballot pamphlet containing
information regarding each statewide measure to appear on a statewide
election ballot be prepared by the Secretary of State. Existing law
further requires the Legislative Analyst to prepare for the ballot
pamphlet an analysis of each statewide measure, including a fiscal
analysis of each measure showing the amount of any increase or
decrease in revenue or cost to state or local government. Existing
law requires that any estimate of increased cost to local governments
be set out in boldface print in the ballot pamphlet.
This bill would also require, for a statewide measure that would
result in increased cost to the state, that the Legislative Analyst
provide an analysis of the measure's estimated impact on the General
Fund, including an estimate of the percentage of the General Fund
that would be expended due to the measure.
Existing law requires a condensed statement of the ballot title
prepared by the Attorney General for each statewide measure appearing
on the ballot, followed by the words "Yes and "No."
This measure would also require, when the Legislative Analyst
provides an estimated numerical figure of the increase or decrease in
revenue or cost to the state, that the numerical figure appear
immediately below the designation of the measure on the ballot.
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 9005 of the Elections Code is amended to read:
9005. (a) Notwithstanding Section 9004, the
Attorney General, in preparing a title or summary for an initiative
measure, shall determine whether the substance thereof if adopted
would affect the revenues or expenditures of the state or local
government, and if he or she determines that it would, he or she
shall , in boldface print, include in the title either the
estimate of the amount of any increase or decrease in revenues or
costs to the state or local government, or an opinion as to whether
or not a substantial net change in state or local finances would
result if the proposed initiative is adopted.
(b) The estimates as required by this
section shall be made jointly by the Department of Finance and the
Joint Legislative Budget Committee, who shall deliver them to the
Attorney General so that he or she may include them in the titles
prepared by him or her.
(c) The estimate shall be delivered to the
Attorney General within 25 working days from the date of receipt of
the final version of the proposed initiative from the Attorney
General, unless , in the opinion of both the Department of
Finance and the Joint Legislative Budget Committee , a
reasonable estimate of the net impact of the proposed initiative
cannot be prepared within the 25-day period. In the latter case, the
Department of Finance and the Joint Legislative Budget Committee
shall, within the 25-day period, give the Attorney General their
opinion as to whether or not a substantial net change in state or
local finances would result if the proposed initiative is adopted.
Any
(d) A statement of fiscal impact
prepared by the Legislative Analyst pursuant to subdivision (b) of
Section 12172 of the Government Code may be used by the Department of
Finance and the Joint Legislative Budget Committee in the
preparation of the fiscal estimate or the opinion.
SEC. 2. Section 9087 of the Elections Code is amended to read:
9087. (a) The Legislative Analyst shall
prepare an impartial analysis of the measure describing the measure
and including a fiscal analysis of the measure showing the amount of
any increase or decrease in revenue or cost to state or local
government. Any estimate of increased cost to local governments shall
be set out in boldface print in the ballot pamphlet. If it is
estimated that a measure would result in increased cost to
the state, an analysis of the measure's estimated impact on the
General Fund shall be provided, including an estimate of
the percentage of the General Fund that would be expended
due to the measure, using visual aids when appropriate. The
analysis shall be written in clear and concise terms, so as to be
easily understood by the average voter, and shall avoid the use of
technical terms wherever possible. The analysis may contain
background information, including the effect of the measure on
existing law and the effect of enacted legislation which will become
effective if the measure is adopted, and shall generally set forth in
an impartial manner the information the average voter needs to
adequately understand the measure. The
(b) The Legislative Analyst may
contract with a professional writers
writer , educational specialists
specialist, or other persons another
person for assistance in writing an analysis that fulfills the
requirements of this section, including the requirement that the
analysis be written so that it will be easily understood by the
average voter. The Legislative Analyst may also request the
assistance of any a state department,
agency, or official in preparing his or her analysis. Prior
(c) Prior to submitting the
analysis to the Secretary of State, the Legislative Analyst shall
submit the analysis to a committee of five persons, appointed by the
Legislative Analyst, for the purpose of reviewing the analysis to
confirm its clarity and easy comprehension to the average voter. The
committee shall be drawn from the public at large, and one member
shall be a specialist in education, one member shall be
bilingual, and one member shall be a professional writer.
Members of the committee shall be reimbursed for reasonable and
necessary expenses incurred in performing their duties. Within five
days of the submission of the analysis to the committee, the
committee shall make such recommendations to the
Legislative Analyst as it deems appropriate to guarantee that the
analysis can be easily understood by the average voter. The
Legislative Analyst shall consider the committee's recommendations,
and he or she shall incorporate in the analysis those changes
recommended by the committee that he or she deems to be appropriate.
The Legislative Analyst is solely responsible for determining the
content of the analysis required by this section. The
(d) The title of the measure that
appears on the ballot shall be amended to contain a summary of the
Legislative Analyst's estimate of the net state and local government
financial impact.
SEC. 3. Section 13247 of the Elections Code is amended to read:
13247. (a) If, in preparing the fiscal impact summary for a
measure pursuant to Section 9087, the Legislative Analyst determines
that the measure to be voted on would result in an
increase or decrease in revenue or cost to the state, one of the
following, as applicable, shall appear immediately below the
designation of the measure on the ballot made pursuant to Section
13116:
(1) If the fiscal impact summary provides an estimated numerical
figure reflecting an increase in revenue to the state, the statement
"Estimated Increase in State Revenue:" followed by the numerical
figure.
(2) If the fiscal impact summary provides an estimated numerical
figure reflecting a decrease in revenue to the state, the statement
"Estimated Decrease in State Revenue:" followed by the numerical
figure.
(3) If the fiscal impact summary provides an estimated numerical
figure reflecting an increase in costs to the state, the statement
"Estimated Increase in State Costs:" followed by the numerical
figure.
(4) If the fiscal impact summary provides an estimated numerical
figure reflecting a decrease in costs to the state, the statement
"Estimated Decrease in State Costs:" followed by the numerical
figure.
(5) If the fiscal impact summary does not provide an estimated
numerical figure, but concludes that the measure would result in an
increase or decrease in revenue or cost to the state, the statement
"See Fiscal Impact Statement Below."
(b) The statement of all measures
a measure submitted to the voters shall be
abbreviated on the ballot. The statement shall contain not more than
75 words of each measure to be voted on , followed
by the words, "Yes" and "No." Abbreviation of measures
a measure to be voted on throughout the state
shall be composed by the Attorney General and shall be a condensed
statement of the ballot title prepared by him or her.
(b)
(c) For purposes of measures a
measure to be voted on throughout the state, the limitation
contained in subdivision (a) shall apply to the total number of words
used in the condensed statement of the ballot title and the
financial fiscal impact summary prepared
pursuant to Section 9087 , of this code
and Section 88003 of the Government Code.