BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2439|
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CONSENT
Bill No: AB 2439
Author: Donnelly (R)
Amended: 4/8/14 in Assembly
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMM. : 4-0, 6/17/14
AYES: Padilla, Hancock, Jackson, Pavley
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/15/14 (Consent) - See last page for
vote
SUBJECT : Secretary of State: initiative information
SOURCE : Author
DIGEST : This bill requires the Secretary of State (SOS) to
post on his/her Internet Web site and include in the Statewide
Initiative Guide (SIG) pamphlet, information describing that
specified services are available to the proponents of a proposed
measure.
ANALYSIS :
Existing law:
1.Requires the SOS do all of the following upon request of the
proponents of an initiative measure which is to be submitted
CONTINUED
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to the voters:
Review the provisions of the initiative measure after it
is prepared prior to its circulation.
Analyze and comment on the provisions of the measure
with respect to form and language clarity.
Request and obtain a statement of fiscal impact from the
Legislative Analyst.
Provides that the review performed shall be for the
purpose of suggestion only and shall not have any binding
effect on the proponents of the initiative measure.
1.Requires the SOS to prepare and make available a pamphlet
describing the procedures and requirements for preparing and
circulating a statewide initiative measure and for filing
sections of the petition, and describing the procedure used in
determining and verifying the number of qualified voters who
have signed the petition.
2.Requires the Legislative Counsel (LC) to cooperate with the
proponents of an initiative measure in its preparation when
requested in writing by 25 or more electors proposing the
measure when, in the judgment of the LC, there is reasonable
probability that the measure will be submitted to the voters
of the state under the laws relating to the submission of
initiatives.
This bill requires the SOS to post on his/her Internet Web site
and include in the SIG pamphlet, information describing that the
following services are available to the proponents of a proposed
measure:
1.The LC's cooperation in preparing an initiative measure, as
specified in existing law; and
2.The SOS's review of prepared initiatives prior to circulation, as
specified in existing law.
Background
Current assistance . As noted above, existing law requires the
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SOS to prepare a SIG which provides an overview of the
procedures and requirements for preparing and circulating
initiatives, for filing sections of the petition, and describing
the procedure of verifying signatures on the petition. However,
the SIG is for general information only and does not have the
force and effect of law, regulation, or rule.
Step one of the SOS's SIG states that the "first step in the
process of qualifying an initiative measure is to write the text
of the proposed law. The initiative measure's proponent(s) may
obtain assistance from the Office of the Legislative Counsel in
drafting the language of the proposed law. Proponent(s) must
obtain the signatures of 25 or more electors on a request for a
draft of the proposed law; proponent(s) must then present the
idea for the law to the Legislative Counsel. If the Legislative
Counsel determines that there is a reasonable probability the
initiative measure will eventually be submitted to the voters,
the Legislative Counsel will draft the proposed law.
Proponent(s) may also seek the assistance of their own private
counsel to help draft the text of the proposed law, or they may
choose to write the text themselves." The SIG also lists the
contact information for the Office of the LC.
The requirement for the LC to assist proponents in the drafting
of the language of a proposed initiative measure became law in
1945 through the passage of SB 1138 (Fletcher and Burns, Chapter
111). According to the LC's Office, it is difficult to quantify
how often this request for service has been utilized; however,
it is not uncommon for the LC to receive requests for drafting
assistance. However, in practice, the requests tend to come
from initiative proponents with more limited financial
resources. Initiative proponents with greater financial
resources tend to use private counsel or legal firms that
specialize in certain issue areas, such as the Political Reform
Act, when drafting the text of a proposed initiative.
In 1975, the Legislature passed and Governor Brown signed AB
1142 (Hayden, Chapter 955), which required the SOS, upon the
request of the proponents of an initiative measure which is
intended to be submitted to the voters of the state, 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 bill with respect to
form and language clarity and obtaining a statement of fiscal
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impact from the Legislative Analyst. Additionally, existing law
provides that the review would be for the purpose of suggestion
only, having no binding effect on the proponents of the
initiative measure. According to the SOS's office, since its
implementation into law, only a handful of proponents have
requested this service.
Comments
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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 78-0, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
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NO VOTE RECORDED: Mansoor, Vacancy
RM:k 6/30/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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