BILL NUMBER: AB 1851	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  APRIL 24, 2012
	AMENDED IN ASSEMBLY  APRIL 10, 2012

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 22, 2012

   An act to  amend Sections 9304, 9305, and 9306 of, and to
 add Sections 9103.5, 9202.5, and 9304.5 to  ,  the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1851, as amended, Allen. County, city, and district initiative
petitions.
   Existing law permits a proposed ordinance to be submitted to a
county board of supervisors, a legislative body of a city, or a
governing board of a district by filing an initiative petition with
the appropriate elections official, signed by not less than a
specified number of voters. Under existing law, before a proponent of
 an   a county or city  initiative measure
may circulate an initiative petition for signatures, he or she is
required to file specified materials with the elections official,
including a notice of intention to do so  , as specified,
  and  the written text of the initiative 
, and, if required, a request that a ballot title and summary be
prepared  .  Under existing law, before a proponent of a
district initiative measure may circulate an initiative petition for
signatures, he or she is required to publish or post a notice of
intention to do so and a statement of the reasons for the initiative
petition. 
   From the time materials pertaining to a county, city, or district
initiative petition are filed until the day after the elections
official determines that the initiative petition does not contain the
minimum number of signatures required, the day after the election at
which the initiative measure is put before the voters, or the day
after the proposed ordinance is adopted by the relevant governing
body, as applicable, this bill would require an elections official to
retain at his or her office  the   specified
 materials filed by the proponents of the measure and to furnish
a copy of those materials to any person upon request. The bill would
permit an elections official to charge a fee to a person obtaining
copies of these materials, as specified.  The bill would also
require a proponent of a district initiative measure   to
file specified materials, including the written text of the measure,
with the district elections official   prior to circulating
the initiative petition for signatures   .  By
increasing the duties of elections officials, this bill 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 no reimbursement is required by this
act for a specified reason.
   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 9103.5 is added to the Elections Code, to read:

   9103.5.  From the time materials pertaining to an initiative
petition are filed pursuant to Section 9103 until the day after the
county elections official determines that the initiative petition
does not contain the minimum number of signatures required, the day
after the election at which the initiative measure is put before the
voters, or the day after the proposed ordinance is adopted by the
board of supervisors after being submitted to the board of
supervisors pursuant to Section 9101, as applicable, the county
elections official shall do both of the following:
   (a) Keep on file at his or her office the  materials
  notice of intention, written text of the initiative,
and request for a ballot title and summary   that  the
proponents of the initiative measure filed with the county elections
official pursuant to Section 9103.
   (b) Furnish copies of the materials he or she is required to keep
on file pursuant to subdivision (a) to any person upon request. The
county elections official may charge a fee to a person obtaining
copies pursuant to this subdivision. The fee may not exceed the
actual cost incurred by the county elections official in providing
the copies.
  SEC. 2.  Section 9202.5 is added to the Elections Code, to read:
   9202.5.  From the time materials pertaining to an initiative
petition are filed pursuant to Section 9202 until the day after the
elections official determines that the initiative petition does not
contain the minimum number of signatures required, the day after the
election at which the initiative measure is put before the voters, or
the day after the proposed ordinance is adopted by the legislative
body of the city after being submitted to the legislative body of the
city pursuant to Section 9201, as applicable, the elections official
shall do both of the following:
   (a) Keep on file at his or her office the  materials
  notice of intention, written text of the initiative,
and written statement setting forth the reasons for the proposed
petition, if any, that  the proponents of the initiative measure
filed with the elections official pursuant to Section 9202.
   (b) Furnish copies of the materials he or she is required to keep
on file pursuant to subdivision (a) to any person upon request. The
elections official may charge a fee to a person obtaining copies
pursuant to this subdivision. The fee may not exceed the actual cost
incurred by the elections official in providing the copies.
   SEC. 3.    Section 9304 of the   Elections
Code   is amended to read: 
   9304.  Within 10 days after the date of publication or posting, or
both, of the notice of intention and statement  of the reasons
for the proposed petition  , the proponents shall file  with
the district elections official  a copy of the notice and
statement as published or posted, or both, together with  the
written text of the initiative and  an affidavit made by a
representative of the newspaper in which the notice was published or,
if the notice was posted, by a voter of the district certifying to
the fact of publication or posting.  The affidavit, together
with a copy of the notice of intention and statement, shall be filed
with the district elections official. 
   SEC. 3.   SEC. 4.   Section 9304.5 is
added to the Elections Code, to read:
   9304.5.  From the time materials pertaining to an initiative
petition are filed pursuant to Section 9304 until the day after the
district elections official determines that the initiative petition
does not contain the minimum number of signatures required, the day
after the election at which the initiative measure is put before the
voters, or the day after the proposed ordinance is adopted by the
governing board of the district after being submitted to the
governing board of the district pursuant to Section 9301, as
applicable, the district elections official shall do both of the
following:
   (a) Keep on file at his or her office the  materials
  notice of intention, statement of the reasons for the
proposed petition, written text of the initiative, and affidavit of
publication or posting that  the proponents of the initiative
measure filed with the district elections official pursuant to
Section 9304.
   (b) Furnish copies of the materials he or she is required to keep
on file pursuant to subdivision (a) to any person upon request. The
district elections official may charge a fee to a person obtaining
copies pursuant to this subdivision. The fee may not exceed the
actual cost incurred by the district elections official in providing
the copies.
   SEC. 5.    Section 9305 of the   Elections
Code   is amended to read: 
   9305.  After  the publication or posting, or both,
  filing a copy  of the notice of intention
 and   ,  statement  of the reasons for
the proposed petition  ,  written text of the initiative,
and affidavit of publication or posting with the district elections
  official pursuant to Section 9304,  the petition may
be circulated among the voters of the district for signatures by any
person who is a voter or who is qualified to register to vote in the
district. Each section of the petition shall bear a copy of the
notice of intention and statement.
   SEC. 6.    Section 9306 of the   Elections
Code   is amended to read: 
   9306.  Signatures upon petitions and sections thereof shall be
secured, and the petition, together with all sections thereof, shall
be filed within 180 days from the date of  publication or
posting, or both, of the notice of intention and statement 
 filing the materials specified in Section 9304 with the district
elections official  . If the petitions are not filed within the
time permitted by this section, the petition and its sections shall
be void for all purposes.
   SEC. 4.   SEC. 7.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has
the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by
this act, within the meaning of Section 17556 of the Government Code.