Bill Text: CA AB1851 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: County, city, and district initiative petitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-07 - Chaptered by Secretary of State - Chapter 240, Statutes of 2012. [AB1851 Detail]

Download: California-2011-AB1851-Amended.html

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BILL NUMBER: AB 1851	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2012

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 22, 2012

   An act to add Section 9103.5 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1851, as amended, Allen. County initiative petitions.
   Existing law permits a proposed ordinance to be submitted to a
county board of supervisors by filing an initiative petition with the
county elections official, signed by not less than a specified
number of voters. Under existing law, before a proponent of an
initiative measure may circulate an initiative petition for
signatures, he or she is required to file with the county elections
official a notice of intention to do so, as specified, the written
text of the initiative, and a request that a ballot title and summary
be prepared.
    During the period   From the time  an
initiative petition is  circulated for signatures 
 filed until the day after the county elections official
determines that the initiative petition does not contain the minimum
number of signatures required, the day after the election at which
the initiative measure is put before the voters, or the day after the
proposed ordinance is adopted by the board of supervisors, as
applicable  , this bill would require a county elections
official to retain at his or her office the above-described materials
a proponent is required to file and to furnish a copy of those
materials to any person upon request. The bill would permit a county
elections official to charge a fee to a person obtaining copies of
the above-described materials, as specified. By increasing the duties
of county elections officials, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 9103.5 is added to the Elections Code, to read:

   9103.5.   During the period of circulation of 
 From the time  an initiative petition  for
signatures   is filed pursuant to Section 9103 until the
day after the county elections official determines that the
initiative petition does not contain the minimum number of signatures
required, the day after the election at which the initiative measure
is put before the voters, or the day after the proposed ordinance is
adopted by the board of supervisors after being submitted to the
board of  supervisors pursuant to Section 9101, as
applicable  , the county elections official shall do both of the
following:
   (a) Keep on file at his or her office the materials the proponents
of the initiative measure filed with the county elections official
pursuant to Section 9103.
   (b) Furnish copies of the materials he or she is required to keep
on file pursuant to subdivision (a) to any person upon request. The
county elections official may charge a fee to a person obtaining
copies pursuant to this subdivision. The fee may not exceed the
actual cost incurred by the county elections official in providing
the copies.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.