BILL ANALYSIS �
AB 2439
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Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2439 (Donnelly) - As Amended: April 8, 2014
Policy Committee: ElectionsVote:6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Secretary of State (SOS) to post on the
Secretary's website and include in the statewide initiative
guide pamphlet information regarding the following services
available to proponents of a proposed measure:
1)The Legislative Counsel's cooperation in preparing an
initiative measure, as specified in currently law.
2)The SOS's review of prepared initiatives prior to circulation,
as specified in current law.
FISCAL EFFECT
Likely minor absorbable costs to the Legislative Counsel's
Office and the SOS to the extent additional initiative
proponents seek assistance as a result of posting the
availability of these services. The Legislative Counsel Office's
indicates that it is not uncommon to receive requests for
drafting assistance. These requests tend to come from initiative
proponents with more limited financial resources. Proponents
with greater financial resources tend to use private counsel or
legal firms that specialize in certain issue areas when drafting
the text of a proposed initiative.
COMMENTS
1)Purpose . According to the author, "Although the initiative
system provides a valuable means for citizens to influence
public policy, some critics have claimed that initiative
measures sometimes contain drafting errors which could create
legal ambiguities if adopted by the voters.
AB 2439
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"Fortunately, California law already provides two avenues for
optional drafting assistance to initiative proponents. The
first method is through the Legislative Counsel, who can
assist in writing the measure before it receives an initiative
title, and the second is through the Secretary of State, who
must provide a review of a measure's form and language clarity
prior to circulation."
2)Background . The requirement for the Legislative Counsel to
assist proponents in the drafting the language of a proposed
initiative measure became law in 1945. This assistance is
conditioned on two factors: (a) when requested in writing by
25 or more electors proposing the measure; and (b) when, in
the judgment of the Legislative Counsel, there is reasonable
probability that the measure will be submitted to the voters
under the laws relating to the submission of initiatives.
AB 1142 (Hayden)/Statutes of 1975 required the SOS, upon the
request of the proponents of an initiative measure, to review
the provisions of the initiative measure after its preparation
and before its circulation. The review consists of analyzing
and commenting on the provisions of the measure with respect
to form and language clarity and obtaining a statement of
fiscal impact from the Legislative Analyst. This review is
only for the purpose of suggestion, and has no binding effect
on the initiative proponents.
The provisions of this bill were recommended by the Center for
Governmental Studies in its 2008 report, "Democracy by
Initiative: Shaping California's Fourth Branch of Government."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081