BILL NUMBER: AB 1769	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2010

INTRODUCED BY   Assembly Member Tran

                        FEBRUARY 9, 2010

    An act relating to elections, making an appropriation
therefor, and   An act to amend, repeal, and add Section
13001 of the Elections Code, relating to elections, and 
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1769, as amended, Tran. Elections:  County of Orange.
  payment of expenses.  
   Existing law provides that all expenses authorized and necessarily
incurred in the preparation for and conduct of elections are to be
paid from the county treasuries.  
   This bill would require that expenses incurred on or after October
1, 2009, and before February 1, 2010, for elections proclaimed by
the Governor to fill a vacancy in the office of Senator or Member of
the Assembly, or to fill a vacancy in the office of United States
Senator or Representative in the Congress of the United States, be
paid by the state.  
   The Budget Act of 2009 appropriated specified amounts from the
General Fund for support of election-related costs. 

   This bill would appropriate $1,639,000 from the General Fund to
the Controller to reimburse the County of Orange for the special
election costs incurred by the county to fill a vacancy in the 72nd
Assembly District. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation:  yes   no  .
Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 13001 of the  
Elections Code   is amended to read: 
   13001.   All   (a)    
Except as provided in subdivision (b), all  expenses authorized
and necessarily incurred in the preparation for, and conduct of,
elections as provided in this code shall be paid from the county
treasuries, except that when an election is called by the governing
body of a city the expenses shall be paid from the treasury of the
city. All payments shall be made in the same manner as other county
or city expenditures are made. The elections official, in providing
the materials required by this division, need not utilize the
services of the county or city purchasing agent. 
   (b) All expenses authorized and necessarily incurred on or after
October 1, 2009, and before February 1, 2010, in the preparation for
and conduct of elections proclaimed by the Governor to fill a vacancy
in the office of Senator or Member of the Assembly, or to fill a
vacancy in the office of United States Senator or Representative in
the Congress of the United States, shall be paid by the state. 

   (c)This section shall remain in effect only until January 1, 2011,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends that date.

   SEC. 2.    Section 13001 is added to the  
Elections Code   , to read:  
   13001.  (a) All expenses authorized and necessarily incurred in
the preparation for, and conduct of, elections as provided in this
code shall be paid from the county treasuries, except that when an
election is called by the governing body of a city the expenses shall
be paid from the treasury of the city. All payments shall be made in
the same manner as other county or city expenditures are made. The
elections official, in providing the materials required by this
division, need not utilize the services of the county or city
purchasing agent.
   (b) This section shall become operative on January 1, 2011. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to relieve counties of responsibility for expenses
incurred in for the preparation and conduct of certain elections
proclaimed by the Governor for specified purposes, it is necessary
that this bill go into immediate effect.  
  SECTION 1.    The sum of one million six hundred
thirty-nine thousand dollars ($1,639,000) is hereby appropriated from
the General Fund to the Controller to reimburse the County of Orange
for the special election costs incurred by the county to fill a
vacancy in the 72nd Assembly District, in accordance with the
following schedule:
(1) November 17, 2009, Special Primary     804,000
     Election .............................
(2) January 12, 2010, Special General      835,000
     Election .............................


  SEC. 2.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   The budget for the County of Orange contains funding authority to
support one statewide election per fiscal year. In order to reimburse
the County of Orange as soon as possible for the costs incurred in
conducting the special primary election and special general election
to fill the vacancy in the 72nd Assembly District, and thereby enable
the county to conduct the regularly scheduled statewide primary
election on June 8, 2010, it is necessary that this act take effect
immediately.