BILL NUMBER: AB 2220	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 15, 2012

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 24, 2012

   An act to amend Section 9085 of the Elections Code, and to amend
Section 88002.5 of the Government Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2220, as amended, Gatto. Elections: statewide ballot pamphlet.
   The Political Reform Act of 1974 requires the Legislative Analyst
to prepare an impartial analysis of each initiative measure to appear
on the ballot, and provides that the Legislative Analyst is solely
responsible for determining the content of the analysis. The act
requires the Legislative Analyst to prepare an impartial fiscal
analysis of a measure that is included in the ballot pamphlet stating
whether the measure would increase or decrease any revenue or cost
to state or local government. Existing law also requires the
Legislative Analyst to prepare for inclusion in the ballot pamphlet a
summary statement regarding the general meaning and effect of "yes"
and "no" votes on each state measure.
   The Political Reform Act of 1974, an initiative statute, generally
provides that the Legislature may amend the act to further the act's
purposes upon a 2/3 vote of each house and compliance with specified
procedural requirements. The act also provides that, notwithstanding
this requirement, the Legislature may  ,  without
restriction  , amend specified provisions of the act to add
to the ballot pamphlet information regarding candidates or other
information.
   This bill would, except as specified, require, if a fiscal
analysis prepared by the Legislative Analyst determines that a
measure would provide an increase in revenues to fund new or existing
programs,  create a new fund, or create or change a funding
formula for one or more   specified programs,  that
 a  specified  language   
paragraph, if applicable,  be added at the end of the "yes" and
"no" summary statement in the ballot pamphlet advising  that,
unless changed by a future measure approved by the voters, the
initiative would forever dedicate the revenue it generates to
programs identified in the initiative by its backers and that these
revenues would not be available to meet other responsibilities of the
state not identified in the initiative   voters as to
the effect of the initiative measure on state funding requirements
 . The bill also would contain a finding and declaration of the
Legislature that the bill permits or requires additional information
to be included in the ballot pamphlet in accordance with the
provision of the Political Reform Act of 1974 described above that
authorizes the Legislature to add information to the ballot pamphlet.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 9085 of the Elections Code is amended to read:
   9085.  (a) The ballot pamphlet shall also contain a section,
located near the front of the pamphlet, that provides a concise
summary of the general meaning and effect of "yes" and "no" votes on
each state measure.
   (b) The summary statements required by this section shall be
prepared by the Legislative Analyst. These statements are not
intended to provide comprehensive information on each measure. The
Legislative Analyst shall be solely responsible for determining the
contents of these statements. The statements shall be available for
public examination and amendment pursuant to Section 9092.
   (c) (1) Except as provided in  paragraph  
paragraphs  (2)  and (3)  , if an initiative measure
qualifies for the ballot and the analysis prepared pursuant to
Section 9087 determines that the initiative measure would provide for
an increase in revenues to fund new or existing programs, 
create a new fund, or create or change a funding formula for one or
more specified programs,  the Legislative Analyst shall add a
paragraph at the end of the summary statement prepared pursuant to
this section, stating  as follows   in bold
  face type one of the following, if applicable  : 

   (A) "Unless changed by a future voter-approved initiative, this
initiative would permanently dedicate state funding to the program(s)
identified, and these funds would not be available to meet other
responsibilities of the state."  
   (B) "Unless changed by a future voter-approved initiative, or by a
supermajority vote of each house of the Legislature and approval by
the Governor, this initiative would permanently dedicate state
funding to the program(s) identified, and these funds would not be
available to meet other responsibilities of the state."  
   (C) "Unless changed by a future voter-approved initiative, or by a
supermajority vote of each house of the Legislature and approval by
the Governor, this initiative would permanently create and lock in a
formula for the state budget." 
    (D)  "Unless changed by a future  measure
approved by the voters   voter-approved initiative 
, this initiative would  forever   permanently
 dedicate the revenue it generates to  programs
  the program(s)  identified  in the
initiative by its backers  , and these revenues would not be
available to meet other responsibilities of the state  not
identified in the initiative  ."
   (2)  Paragraph   Subparagraph (D) of
paragraph  (1) shall not apply if the measure provides that the
increase in revenues is to be deposited without restriction into the
General Fund commencing at a future date after its enactment, or if
the initiative measure allows the Legislature to reallocate the
increase in revenues. 
   (3) If the Legislative Analyst determines that no subparagraph set
forth in paragraph (1) is applicable, the Legislative Analyst shall
add a paragraph at the end of the summary statement prepared pursuant
to this section stating, in boldface type and in a form similar to
that prescribed by the subparagraphs set forth in paragraph (1), the
effect of the initiative measure on state funding requirements. 

  SEC. 2.  Section 88002.5 of the Government Code is amended to read:

   88002.5.  (a) The ballot pamphlet shall also contain a section,
located near the front of the pamphlet, that provides a concise
summary of the general meaning and effect of "yes" and "no" votes on
each state measure.
   (b) The summary statements required by this section shall be
prepared by the Legislative Analyst. These statements are not
intended to provide comprehensive information on each measure. The
Legislative Analyst shall be solely responsible for determining the
contents of these statements. The statements shall be available for
public examination and amendment pursuant to Section 88006.
   (c) (1) Except as provided in  paragraph 
paragraphs  (2)  and (3)  , if an initiative measure
qualifies for the ballot and the analysis prepared pursuant to
Section 88003 determines that the initiative measure would provide
for an increase in revenues to fund new or existing programs, 
create a new fund, or create or change a funding formula for one or
more specified programs,  the Legislative Analyst shall add a
paragraph at the end of the summary statement prepared pursuant to
this section, stating  as follows   in boldfac
  e type one of the following, if appl  icable
 : 
   (A) "Unless changed by a future voter-approved initiative, this
initiative would permanently dedicate state funding to the program(s)
identified, and these funds would not be available to meet other
responsibilities of the state."  
   (B) "Unless changed by a future voter-approved initiative, or by a
supermajority vote of each house of the Legislature and approval by
the Governor, this initiative would permanently dedicate state
funding to the program(s) identified, and these funds would not be
available to meet other responsibilities of the state."  
   (C) "Unless changed by a future voter-approved initiative, or by a
supermajority vote of each house of the Legislature and approval by
the Governor, this initiative would permanently create and lock in a
formula for the state budget." 
    (D)    "Unless changed by a future 
measure approved by the voters   voter-approved
initiative  , this initiative would  forever 
 permanently  dedicate the revenue it generates to 
programs   the program(s)  identified  in
the initiative by its backers  , and these revenues would
not be available to meet other responsibilities of the state 
not identified in the initiative  ."
   (2)  Paragraph   Subparagraph (D) of
paragraph  (1) shall not apply if the measure provides that the
increase in revenues is to be deposited without restriction into the
General Fund commencing at a future date after its enactment, or if
the initiative measure allows the Legislature to reallocate the
increase in revenues. 
   (3) If the Legislative Analyst determines that no subparagraph set
forth in paragraph (1) is applicable, the Legislative Analyst shall
add a paragraph at the end of the summary statement prepared pursuant
to this section stating, in boldface type and in a form similar to
that prescribed by the subparagraphs set forth in paragraph (1), the
effect of the initiative measure on state funding requirements. 

  SEC. 3.  The Legislature finds and declares that this act permits
or requires the inclusion of additional information on the ballot
pamphlet in accordance with Section 88007 of the Government Code.