BILL NUMBER: AB 193 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY APRIL 5, 2011
INTRODUCED BY Assembly Member Knight
JANUARY 27, 2011
An act to add Section 12287.5 to the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 193, as amended, Knight. Polling place designation.
Existing law provides requirements for local elections officials
to designate public and private properties and facilities for use as
polling places.
This bill would prohibit a polling place from being designated at
a single-family residence where a registered sex offender resides,
and would require elections officials to consult the Megan's Law
sex offenders' database maintained by the Department of
Justice not more than 60 days prior to designating a
single-family residence as a polling place.
Because this bill would impose additional duties on local
elections officials in designating a polling place
, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12287.5 is added to the Elections Code, to
read:
12287.5. A single-family residence shall not be designated as a
polling place if it is the residence elections
officials determine that it has the registered address of a
person who is required to register pursuant to the Sex Offender
Registration Act. Elections officials shall, at a minimum,
consult the database for registered sex offenders maintained by the
Department of Justice prior to designating a single-family residence
as a polling place. not more than 60 days prior to
designating a single-family residence as a polling place, use the
Megan's Law Internet Web site maintained by the Department of Justice
to determine if the residence has the registered address of a sex
offender. In accordance with subdivision (k) of Section 290.46 of the
Penal Code, an elections official who is required to register as a
sex offender shall be prohibited from accessing the Megan's Law
public Internet Web site.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.