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

California Assembly Bill 1851 (Prior Session Legislation)

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

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

BILL NUMBER: AB 1851	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2012
	AMENDED IN ASSEMBLY  APRIL 10, 2012

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 22, 2012

   An act to add  Section   Sections 
9103.5  , 9202.5, and 9304.5  to the Elections Code,
relating to elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1851, as amended, Allen. County  , city, and district 
initiative petitions.
   Existing law permits a proposed ordinance to be submitted to a
county board of supervisors  , a legislative body of a city, or a
governing board of a district  by filing an initiative petition
with the  county   appropriate  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  specified materials  with the 
county  elections official  , including  a notice
of intention to do so, as specified, the written text of the
initiative, and  , if required,  a request that a ballot
title and summary be prepared.
   From the time  an   materials pertaining to a
county, city, or district  initiative petition  is
  are  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   relevant
governing body  , as applicable, this bill would require
 a county   an  elections official to
retain at his or her office the  above-described 
materials  a proponent is required to file  
filed by the proponents of the measure  and to furnish a copy of
those materials to any person upon request. The bill would permit
 a county   an  elections official to
charge a fee to a person obtaining copies of  the
above-described   these  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.  From the time  materials pertaining to  an
initiative petition  is   are  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.    Section 9202.5 is added to the  
Elections Code   , to read:  
   9202.5.  From the time materials pertaining to an initiative
petition are filed pursuant to Section 9202 until the day after the
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 legislative
body of the city after being submitted to the legislative body of the
city pursuant to Section 9201, as applicable, the 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 elections official pursuant
to Section 9202.
   (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
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 elections official in providing the copies. 
   SEC. 3.    Section 9304.5 is added to the  
Elections Code   , to read:  
   9304.5.  From the time materials pertaining to an initiative
petition are filed pursuant to Section 9304 until the day after the
district 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
governing board of the district after being submitted to the
governing board of the district pursuant to Section 9301, as
applicable, the district 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 district elections official
pursuant to Section 9304.
   (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
district 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 district elections official in providing
the copies. 
   SEC. 2.   SEC. 4.   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.