BILL ANALYSIS
AB 2524
Page 1
ASSEMBLY THIRD READING
AB 2524 (Evans)
As Amended April 27, 2010
Majority vote
ELECTIONS 6-1 APPROPRIATIONS 12-5
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|Ayes:|Fong, Adams, Coto, |Ayes:|Fuentes, Ammiano, |
| |Mendoza, Saldana, Swanson | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |De Leon, Hall, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bill Berryhill |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Requires the Attorney General (AG) to submit a copy
of the text of a proposed initiative measure to the Secretary of
State (SOS) for posting on the SOS's Internet Web site for 30
days to facilitate public comment on the measure. Specifically,
this bill :
1)Requires the AG to submit a copy of the text proposed for an
initiative measure to the SOS.
2)Requires the SOS to post the initiative on his or her Internet
Web site for 30 days, along with the names of its proponents.
3)Allows any person to comment on the text of the proposed
initiative through the SOS's Internet Web site, and requires
that all comments remain public and on the Web site for at
least 90 days after the proposed initiative is posted.
4)Allows the proponents of an initiative measure, no earlier
than 30 days and no more than 120 days after the text of that
initiative has been posted on the SOS's Web site, to do one
ofthe following:
a) Direct the AG, in writing, to prepare a circulating
AB 2524
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title and summary of the proposed initiative as originally
presented;
b) Direct the AG, in writing to prepare a circulating title
and summary of the proposed revised initiative; or,
c) Direct the SOS to post the revised text of the proposed
initiative on the SOS's Web site for another 30-day review
period.
5)Provides that the provisions of this bill become operative on
July 1, 2011.
EXISTING LAW :
1)Requires the proponents of a proposed initiative or referendum
measure to submit the text of the proposed measure to the AG
with a written request that a circulating title and summary of
the measure be prepared, prior to circulating the petition for
signatures.
2)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 circulating title and summary to
the SOS 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 and the Joint Legislative Budget Committee.
3)Allows the proponents of an initiative to amend the proposed
measure prior to the preparation of a circulating title and
summary.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs are unknown, but potential ongoing General Fund
costs of up to $90,000 for up to one full-time position at the
SOS to monitor public comments and remove inappropriate
comments. (The SOS Web site currently lists 80 initiatives
cleared for circulation.)
COMMENTS : According to the author, "In the legislative process,
the language of a bill is made public, there are public
hearings, and a measure may be amended. The legislative process
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can take upwards of six months. In contrast, in the initiative
process, the language of a measure can be written, submitted,
and qualified without public input. A number of approved
initiatives have included language that was later found to be
unclear, with various possible interpretations, or
unconstitutional. In some cases, these problems have resulted
in substantial delays in implementing the will of the voters,
costs related to litigation, and the time and expense for courts
to resolve issues.
"AB 2524 would establish a 30-day Internet-based public comment
period for a proposed statewide initiative, prior to circulation
for signatures. After the draft language of an initiative is
submitted to the Attorney General, the Attorney General would
deliver the language to the Secretary of State, who would post
the draft on his or her Internet Web site for 30 calendar days
for the purpose of permitting public comment on the draft. Any
person would be allowed to comment on the draft of the proposed
initiative. Comments would be public."
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094
FN: 0004176