BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 894
                                                                  Page  1

          Date of Hearing:  April 21, 2009

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                AB 894 (Furutani) - As Introduced:  February 26, 2009
           
          SUBJECT  :  Ballot measures: fiscal impact statements.

           SUMMARY  :  Requires the fiscal impact statement included in the  
          title and summary prepared by the Attorney General (AG) for an  
          initiative measure to be in boldface print.  Requires the  
          Legislative Analyst's Office (LAO) to prepare an analysis of a  
          state ballot measure's estimated impact on the General Fund (GF)  
          for every measure that will result in increased costs to the  
          state.  Requires the LAO's estimated numerical figure of revenue  
          or cost to the state to appear below the designation of a  
          measure on the ballot.  Specifically,  this bill  :  

          1)Requires the fiscal impact statement and any estimated amount  
            of an increase or decrease in revenues or costs to the state  
            or local government included in the title and summary prepared  
            by the AG for a state initiative measure to be in boldface  
            type.   

          2)Requires the LAO to include in his or her analysis of a state  
            ballot measure the measure's estimated impact on the GF and an  
            estimated percentage of the GF that would be expended due to  
            the measure's passage, if it is estimated that a measure will  
            result in increased cost to the state.  Allows for the use of  
            visual aids for the estimated impact and the percentage of GF  
            expended.

          3)Provides that if the LAO determines that a state ballot  
            measure would result in an increase or decrease in revenue or  
            cost to the state, the following phrases must appear  
            immediately below the designation of the measure on the  
            ballot:

             a)   "Estimated Increase in State Revenue", if the fiscal  
               impact summary provides an estimated numerical figure  
               reflecting an increase in revenue to the state followed by  
               the numerical figure;

             b)   "Estimated Decrease in State Revenue", if the fiscal  
               impact summary provides an estimated numerical figure  








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               reflecting a decrease in revenue to the state followed by  
               the numerical figure;

             c)   "Estimated Increase in State Costs", if the fiscal  
               impact summary provides an estimated numerical figure  
               reflecting an increase in costs to the state followed by  
               the numerical figure;

             d)   "Estimated Decrease in State Costs", if the fiscal  
               impact summary provides an estimated numerical figure  
               reflecting a decrease in costs to the state followed by the  
               numerical figure; or,  

             e)   "See Fiscal Impact Statement Below", if the fiscal  
               impact summary does not provide an estimated numerical  
               figure, but concludes that the measure will result in an  
               increase or decrease in revenue or cost to the state. 

           EXISTING LAW:  

          1)Establishes a process for the AG to prepare a summary of the  
            chief purposes and points of a proposed measure.  Requires the  
            AG to provide a copy of the title and summary to the Secretary  
            of State within 15 days after receipt of the final version of  
            a proposed initiative measure, or if a fiscal estimate or  
            opinion is to be included, within 15 days after receipt of the  
            fiscal estimate or opinion prepared by the Department of  
            Finance (DOF) and the Joint Legislative Budget Committee  
            (JLBC). 

          2)Specifies that in preparing a title and summary, the AG 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 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. 

          3)Provides that the fiscal impact statement prepared by the LAO  
            may be used by the DOF and JLBC in preparation of the fiscal  
            estimate or the opinion. 

          4)Requires the LAO to prepare an impartial analysis of each  
            state ballot measure describing the measure and including a  
            fiscal analysis of the measure showing the amount of any  








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            increase or decrease in revenue or cost to state or local  
            government.

          5)Requires that the statement of all measures submitted to the  
            voters be abbreviated on the ballot.  Specifies that the  
            statement contain not more than 75 words of each measure to be  
            voted on, followed by the words, "Yes" and "No".  

           FISCAL EFFECT  :   Unknown 

           COMMENTS :   

           1)Purpose of the Bill  :   According to the author:
          
                The state faces an ongoing budget shortfall of tens of  
               billions of dollars.  This crisis is made far more  
               difficult to solve with the increasing passage of ballot  
               measures and initiatives that set aside state resources,  
               commit future tax revenues, or in some cases do not even  
               identify a funding source, for various projects.  Voters  
               are not sufficiently aware of the cost pressures certain  
               ballot measures and initiatives create.  Voters need to  
               understand the fiscal impact of new ballot proposals in the  
               context of the state's budget and General Fund.  This bill  
               would put the fiscal analysis of ballot measures and  
               initiatives in context for voters tasked with making  
               complicated decisions that impact state funds.  Assembly  
               Bill 894:

                  a)        Specifies that the fiscal impact statement  
                    included in the ballot title and summary be in  
                    boldface type;

                  b)        Requires the fiscal analysis of a ballot  
                    measure include an analysis of the measure's estimated  
                    impact on the General Fund, including an estimate of  
                    the percentage of the state General Fund that would be  
                    expended if the measure were to pass;

                  c)        Allows the inclusion of visual aids in the  
                    analysis to illustrate the fiscal impact, when  
                    appropriate;

                  d)        Requires that the costs (numerical value)  
                    associated with a measure appear immediately below the  








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                    title on the ballot, with the corresponding  
                    explanatory description of an estimated increase or  
                    decrease in state revenue or costs.

           2)Limited Ballot Space  :   Requiring additional fiscal  
            information on a state ballot measure will limit the number of  
            words used to summarize the measure, since the 75 word limit  
            applies to the summary and fiscal effect.  The committee may  
            wish to consider if limiting the words used to summarize a  
            ballot measure will further the bill's intent to provide  
            voters with information regarding the ballot measure's fiscal  
            impact to the state.  

           3)Arguments in Support  :   According to the bill's sponsor, State  
            Controller John Chiang:
           
                AB 894 would require that the fiscal impact of implementing  
               a proposed ballot measure be provided in bold face print in  
               the title and summary.  The bill would enable voters to  
               better understand the measure's costs by including a visual  
               presentation of costs in context with the State's budget.   
               Importantly, AB 894 would not require additional or  
               redundant analytical work to be completed.

               The recent budget crisis demonstrates the need to make more  
               transparent the costs to taxpayers of establishing new  
               programs or locking in formulaic spending, especially via  
               ballot box budgeting.  By presenting costs in the manner  
               proposed by this bill, voters will be better able to assess  
               and understand the benefits versus the costs of the measure  
               on which they are deciding.

           REGISTERED SUPPORT / OPPOSITION :   

           Support 
           
          State Controller John Chiang (sponsor)

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Qiana Charles / E. & R. / (916)  
          319-2094