California-2009-AB894-Chaptered

BILL NUMBER: AB 894	CHAPTERED
	BILL TEXT

	CHAPTER  485
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 9, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2009
	AMENDED IN SENATE  SEPTEMBER 2, 2009
	AMENDED IN ASSEMBLY  MAY 11, 2009

INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 26, 2009

   An act to amend Sections 9005 and 9087 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 894, Furutani. Ballot measures: fiscal impact statements.
   Existing law requires that a draft of an initiative measure be
submitted to the Attorney General prior to circulation of the
initiative for signatures so that it may appear on the ballot.
Existing law requires the Attorney General to prepare the title and
summary for the proposed measure. Existing law requires that, if the
Attorney General determines that the proposed measure would affect
the revenues or expenditures of the state or local government, he or
she shall include in the title of the proposed measure either the
estimated increase or decrease in revenues or costs to the state or
local government, or an opinion as to whether the measure would
result in a substantial net change in state or local finances.
Existing law requires the title and summary of the Attorney General
to be placed on the heading of a petition for the measure and on each
page of the petition.
   This bill would require the fiscal impact statement included in
the title and summary of the Attorney General to be in boldface type.

   Existing law requires that a ballot pamphlet containing
information regarding each statewide measure to appear on a statewide
election ballot be prepared by the Secretary of State. Existing law
further requires the Legislative Analyst to prepare for the ballot
pamphlet an analysis of each statewide measure, including a fiscal
analysis of each measure showing the amount of any increase or
decrease in revenue or cost to state or local government. Existing
law requires that any estimate of increased cost to local governments
be set out in boldface print in the ballot pamphlet.
   This bill would also require, for a statewide measure that would
result in increased cost to the state, that the Legislative Analyst
provide an analysis of the measure's estimated impact on the state,
including an estimate of the percentage of the General Fund that
would be expended due to the measure. The measure would also require
the Legislative Analyst, to the extent practicable, to utilize a
uniform method in each analysis to describe the estimated increase or
decrease in revenue or cost of a measure.
   Existing law requires a condensed statement of the ballot title
prepared by the Attorney General and the fiscal impact summary of the
Legislative Analyst, as applicable, for each statewide measure
appearing on the ballot, followed by the words "Yes" and "No."
   This measure would require that the uniform estimate of increase
or decrease in revenue or cost of the measure prepared by the
Legislative Analyst be included in the condensed fiscal impact
summary.
   This bill would incorporate changes made by AB 753 that would
become operative only if both bills are enacted and this bill is
enacted after AB 753.


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

  SECTION 1.  Section 9005 of the Elections Code is amended to read:
   9005.  (a) Notwithstanding Section 9004, the Attorney General, in
preparing a title or summary for an initiative measure, shall
determine whether the substance thereof if adopted would affect the
revenues or expenditures of the state or local government, and if he
or she determines that it would, he or she shall, in boldface print,
include in the title either the estimate of the amount of any
increase or decrease in revenues or costs to the state or local
government, or an opinion as to whether or not a substantial net
change in state or local finances would result if the proposed
initiative is adopted.
   (b) The estimates as required by this section shall be made
jointly by the Department of Finance and the Joint Legislative Budget
Committee, who shall deliver them to the Attorney General so that he
or she may include them in the titles prepared by him or her.
   (c) The estimate shall be delivered to the Attorney General within
25 working days from the date of receipt of the final version of the
proposed initiative from the Attorney General, unless, in the
opinion of both the Department of Finance and the Joint Legislative
Budget Committee, a reasonable estimate of the net impact of the
proposed initiative cannot be prepared within the 25-day period. In
the latter case, the Department of Finance and the Joint Legislative
Budget Committee shall, within the 25-day period, give the Attorney
General their opinion as to whether or not a substantial net change
in state or local finances would result if the proposed initiative is
adopted.
   (d) A statement of fiscal impact prepared by the Legislative
Analyst pursuant to subdivision (b) of Section 12172 of the
Government Code may be used by the Department of Finance and the
Joint Legislative Budget Committee in the preparation of the fiscal
estimate or the opinion.
  SEC. 1.5.  Section 9005 of the Elections Code is amended to read:
   9005.  (a) The Attorney General, in preparing a circulating title
and summary for a proposed initiative measure, shall, in boldface
print, include in the circulating title and summary either the
estimate of the amount of any increase or decrease in revenues or
costs to the state or local government, or an opinion as to whether
or not a substantial net change in state or local finances would
result if the proposed initiative is adopted.
   (b) The estimate as required by this section shall be made jointly
by the Department of Finance and the Joint Legislative Budget
Committee, who shall deliver the estimate to the Attorney General so
that he or she may include the estimate in the circulating title and
summary prepared by him or her.
   (c) The estimate shall be delivered to the Attorney General within
25 working days from the date of receipt of the final version of the
proposed initiative measure from the Attorney General, unless, in
the opinion of both the Department of Finance and the Joint
Legislative Budget Committee, a reasonable estimate of the net impact
of the proposed initiative measure cannot be prepared within the
25-day period. In the latter case, the Department of Finance and the
Joint Legislative Budget Committee shall, within the 25-day period,
give the Attorney General their opinion as to whether or not a
substantial net change in state or local finances would result if the
proposed initiative measure is adopted.
   (d) A statement of fiscal impact prepared by the Legislative
Analyst pursuant to subdivision (b) of Section 12172 of the
Government Code may be used by the Department of Finance and the
Joint Legislative Budget Committee in the preparation of the fiscal
estimate or the opinion.
  SEC. 2.  Section 9087 of the Elections Code is amended to read:
   9087.  (a) The Legislative Analyst shall prepare an impartial
analysis of the measure describing the measure and including a fiscal
analysis of the measure showing the amount of any increase or
decrease in revenue or cost to state or local government. If it is
estimated that a measure would result in increased cost to the state,
an analysis of the measure's estimated impact on the state shall be
provided, including an estimate of the percentage of the General Fund
that would be expended due to the measure, using visual aids when
appropriate. An estimate of increased cost to the state or local
governments shall be set out in boldface print in the ballot
pamphlet.
   (b) The analysis shall be written in clear and concise terms, so
as to be easily understood by the average voter, and shall avoid the
use of technical terms wherever possible. The analysis may contain
background information, including the effect of the measure on
existing law and the effect of enacted legislation which will become
effective if the measure is adopted, and shall generally set forth in
an impartial manner the information the average voter needs to
adequately understand the measure. To the extent practicable, the
Legislative Analyst shall utilize a uniform method in each analysis
to describe the estimated increase or decrease in revenue or cost of
a measure, so that the average voter may draw comparisons among the
fiscal impacts of measures. The condensed statement of the fiscal
impact summary for the measure prepared by the Attorney General to
appear on the ballot shall contain the uniform estimate of increase
or decrease in revenue or cost of the measure prepared pursuant to
this subdivision.
   (c) The Legislative Analyst may contract with a professional
writer, educational specialist, or another person for assistance in
writing an analysis that fulfills the requirements of this section,
including the requirement that the analysis be written so that it
will be easily understood by the average voter. The Legislative
Analyst may also request the assistance of a state department,
agency, or official in preparing his or her analysis.
   (d) Prior to submitting the analysis to the Secretary of State,
the Legislative Analyst shall submit the analysis to a committee of
five persons, appointed by the Legislative Analyst, for the purpose
of reviewing the analysis to confirm its clarity and easy
comprehension to the average voter. The committee shall be drawn from
the public at large, and one member shall be a specialist in
education, one member shall be bilingual, and one member shall be a
professional writer. Members of the committee shall be reimbursed for
reasonable and necessary expenses incurred in performing their
duties. Within five days of the submission of the analysis to the
committee, the committee shall make recommendations to the
Legislative Analyst as it deems appropriate to guarantee that the
analysis can be easily understood by the average voter. The
Legislative Analyst shall consider the committee's recommendations,
and he or she shall incorporate in the analysis those changes
recommended by the committee that he or she deems to be appropriate.
The Legislative Analyst is solely responsible for determining the
content of the analysis required by this section.
   (e) The title of the measure that appears on the ballot shall be
amended to contain a summary of the Legislative Analyst's estimate of
the net state and local government fiscal impact.
  SEC. 3.  Section 1.5 of this bill incorporates amendments to
Section 9005 of the Elections Code proposed by both this bill and AB
753. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2010, (2) each bill amends
Section 9005 of the Elections Code, and (3) this bill is enacted
after AB 753, in which case Section 1 of this bill shall not become
operative.