Bill Text: CA AB152 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: COVID-19 relief: supplemental paid sick leave.
Spectrum: Committee Bill
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 736, Statutes of 2022. [AB152 Detail]
Download: California-2021-AB152-Amended.html
An act relating to the Budget Act of 2021. An act to amend Section 11108 of the Elections Code, relating to elections, and making an appropriation therefor, to take effect immediately, bill related to the budget.
NOYES
Fiscal Committee:
NOYES
Local Program:
NO
he or she the Secretary of State shall, within 10 days, notify each county elections official of that fact.SECTION 1.
Bill Title: COVID-19 relief: supplemental paid sick leave.
Spectrum: Committee Bill
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 736, Statutes of 2022. [AB152 Detail]
Download: California-2021-AB152-Amended.html
|
Amended
IN
Senate
June 11, 2021 |
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Amended
IN
Assembly
February 18, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 152
| Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bennett, Bloom, Carrillo, Chiu, Cooper, Frazier, Friedman, Cristina Garcia, Jones-Sawyer, Lee, McCarty, Medina, Mullin, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Stone, and Wood) |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
AB 152, as amended, Committee on Budget.
Budget Act of 2021. Recall elections.
Existing law requires the Department of Finance to estimate the costs of a recall election upon notification from the Secretary of State that voters have signed a recall petition in sufficient numbers to initiate a recall election. Existing law requires the Department of Finance to submit the cost estimate to the Governor, the Secretary of State, and the Chairperson of the Joint Legislative Budget Committee within 30 days of receiving that notice. Existing law prohibits the Secretary of State from certifying the sufficiency of the signatures until the Joint Legislative Budget Committee has had 30 days to review and comment on the Department of Finance’s cost estimate.
This bill would instead prohibit the Secretary of State from certifying the sufficiency of the
signatures until the Department of Finance has submitted its cost estimate and either the Joint Legislative Budget Committee has had 30 days to review and comment on the estimate, or the Legislature has appropriated funds it determines are reasonably necessary to conduct the recall election and has designated funds for that purpose in the Budget Act or another statute. The bill would make conforming changes. The bill would appropriate $35,000,000 from the General Fund to the Secretary of State to support statewide and county costs of the 2021 gubernatorial recall election, thereby making an appropriation. The bill would declare the intent of the Legislature to reevaluate the amount of that appropriation and other appropriations made support the costs of the 2021 gubernatorial recall election.
Existing law requires recall elections to be conducted and canvassed, and the results to be declared, in substantially the manner provided by law for a regular election for the
office subject to recall. Existing law authorizes any county to conduct a special election as an all-mailed ballot election if specified conditions apply. Existing law authorizes an elections official conducting a local, special, or consolidated election, or a statewide election other than the direct primary, presidential primary, or general election, to divide the territory into special election or consolidated election precincts by consolidating existing precincts, or otherwise, as specified, and authorizes the elections official to alter the precincts for those elections as often as occasion requires.
This bill would require that the 2021 gubernatorial recall election be held as a regular election, and that the provisions described above relating to all-mailed ballot special elections and changing or altering election precincts do not apply.
This bill would declare that it is to take effect immediately as
a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2021.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to reevaluate the appropriations made in the Budget Act or in another statute for counties to administer the 2021 gubernatorial recall election.SEC. 2.
Section 11108 of the Elections Code is amended to read:11108.
(a) When the Secretary of State has received from one or more county elections officials a petition certified to have been signed by a sufficient number of registered voters to initiate a recall election,(b) Notwithstanding any other law, any voter who has signed a recall petition under this chapter shall have his or her
the voter’s signature withdrawn from the petition upon the voter filing a written request that includes the voter’s name, residence address, and signature with the elections official within 30 business days of the Secretary of State’s notice provided by subdivision (a).
(c) No later than 10 business days after the withdrawal period provided by subdivision (b), the elections officials shall report to the Secretary of State the total number of signatures that have been withdrawn pursuant to subdivision (b). The Secretary of State shall promptly make a second preliminary determination of whether the petitions have been signed by the sufficient number of registered voters to initiate a recall election. If the petitions have not been signed by a sufficient number of registered voters, the Secretary of State shall notify the county elections officials to continue to verify signatures pursuant to Section
11104. The Secretary of State and elections officials shall continue to make the notifications and reports required by this section until such time as the Secretary of State determines that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election.
(d) Upon receipt of the notification from the Secretary of State required in subdivision (c) that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election, the Department of Finance shall, in consultation with the affected elections officials and the Secretary of State, estimate the costs of the recall election, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places. The Department shall estimate the costs that would be incurred if (1) the recall election is held as a special election and (2) the recall election is
consolidated with the next regularly scheduled election pursuant to subdivision (b) of Section 15 of Article II of the California Constitution. Within 30 business days of receipt of the Secretary of State’s notice of sufficient signatures to initiate a recall required by subdivision (c), the Department of Finance shall submit the estimate to the Governor, the Secretary of State, and the Chairperson of the Joint Legislative Budget Committee.
(e) Notwithstanding any other law, the Secretary of State shall not certify the sufficiency of the signatures under Section 11109 until the the Department of Finance has submitted the estimate required by subdivision (d) and either of the following has occurred:
(1) The Joint Legislative Budget Committee has had 30 days to review and comment on the estimate submitted by the Department of Finance pursuant to subdivision (d).
(2) The Legislature has appropriated funds that it determines are reasonably necessary to conduct the recall election and has designated funds for that purpose in the Budget Act or in another statute.
(f) The Secretary of State shall publish a copy of the estimate submitted by the Department of Finance on the Secretary of State’s public Internet Web site
internet website no later than 21 business days after the time for the Joint Legislative Budget Committee to review the estimate has expired. day that the Secretary of State certifies the sufficiency of the signatures under Section 11109.
(g) After the time for the Joint Legislative Budget Committee to review the estimate has expired,
Secretary of State has certified the sufficiency of the signatures under Section 11109, the Director of Finance, or his or her
the director’s designee, shall direct the Controller to remit to the elections official from those funds designated for that purpose in any budget act or other measure statute an amount that takes into consideration the amount of funds available for the purpose, the number of elections officials expected to conduct state recall elections held in that fiscal year, the Department of Finance’s estimates of the costs of each elections official to conduct each state recall election, and the amount reasonably necessary to conduct such recall election.
SEC. 3.
Pursuant to Section 11328 of the Elections Code, the 2021 gubernatorial recall election shall be conducted as a regular election for the office of Governor. Subdivision (b) of Section 4005, and Section 12241, of the Elections Code do not apply to the election.SEC. 4.
The sum of thirty-five million dollars ($35,000,000) is hereby appropriated from the General Fund to the Secretary of State for the purpose of supporting statewide and county costs related to administering the 2021 gubernatorial recall election. It is the intent of the Legislature to consider adjustments to this amount based on the final costs of the gubernatorial recall election.SEC. 5.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2021.
