Bill Text: CA AB1851 | 2011-2012 | Regular Session | Amended
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 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 addSectionSections 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 thecountyappropriate 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 thecountyelections 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 timeanmaterials pertaining to a county, city, or district initiative petitionisare filed until the day after thecountyelections 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 theboard of supervisorsrelevant governing body , as applicable, this bill would requirea countyan elections official to retain at his or her office theabove-describedmaterialsa proponent is required to filefiled by the proponents of the measure and to furnish a copy of those materials to any person upon request. The bill would permita countyan elections official to charge a fee to a person obtaining copies ofthe above-describedthese materials, as specified. By increasing the duties ofcountyelections 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 petitionisare 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.