Bill Text: CA AB2524 | 2009-2010 | Regular Session | Amended
Bill Title: Elections: initiative measures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB2524 Detail]
Download: California-2009-AB2524-Amended.html
BILL NUMBER: AB 2524 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2010
AMENDED IN ASSEMBLY APRIL 27, 2010
INTRODUCED BY Assembly Member Evans
FEBRUARY 19, 2010
An act to amend, repeal, and add Section 9004 of the Elections
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2524, as amended, Evans. Elections: initiative measures.
Under existing law, a petition for an initiative or referendum
measure may not be circulated for signature until a draft of the
measure is submitted to the Attorney General for preparation of a
circulating title and summary.
This bill would revise this procedure on July 1, 2011. The bill
would require the Attorney General, before preparing a circulating
title and summary for an initiative measure, to forward it to the
Secretary of State. The bill would require that the Secretary of
State post the measure on his or her Internet Web site for a period
of 30 days, during which the public would be permitted to post
comments concerning the measure. The bill would permit the proponents
of the measure, no earlier than 30 days or more than 120 days after
it is posted, to direct the Attorney General, in writing, to prepare
a circulating title and summary of the measure as originally drafted,
to prepare a circulating title and summary of a revised measure, or
to post a revised measure on the Secretary of State's Internet Web
site for an additional 30-day review period.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9004 of the Elections Code is amended to read:
9004. (a) Upon receipt of the text of a proposed initiative
measure, the Attorney General shall prepare a circulating title and
summary of the chief purposes and points of the proposed measure. The
circulating title and summary shall not exceed a total of 100 words.
The Attorney General shall also provide a unique numeric identifier
for each proposed initiative measure. The circulating title and
summary shall be prepared in the manner provided for the preparation
of ballot titles and summaries in Article 5 (commencing with Section
9050), the provisions of which, in regard to the preparation, filing,
and settlement of ballot titles and summaries, are hereby made
applicable to the circulating title and summary.
(b) The Attorney General shall provide a copy of the circulating
title and summary and its unique numeric identifier to the proponents
and to the Secretary of State within 15 days after receipt of the
fiscal estimate or opinion prepared by the Department of Finance and
the Joint Legislative Budget Committee pursuant to Section 9005. The
date the copy is delivered or mailed to the proponents is the
"official summary date."
(c) Upon receipt of the circulating title and summary from the
Attorney General, the Secretary of State shall, within one business
day, notify the proponents and county elections official of each
county of the official summary date and provide a copy of the
circulating title and summary to each county elections official. This
notification shall also include a complete schedule showing the
maximum filing deadline, and the certification deadline by the
counties to the Secretary of State.
(d) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 9004 is added to the Elections Code, to read:
9004. (a) (1) Upon receipt of the text of a proposed initiative
measure, the Attorney General shall forward a copy to the Secretary
of State. The Secretary of State shall post the proposed initiative,
including the names of its proponents, on the Secretary of State's
Internet Web site for 30 days to facilitate public comment on the
measure.
(2) Any person may comment on the text of the proposed initiative
through the Secretary of State's Internet Web site. All comments
shall be public and shall remain on the Internet Web site for at
least 90 days after the proposed initiative is posted.
(3) No earlier than 30 days or more than 120 days after the text
of a proposed initiative has been posted on the Secretary of State's
Internet Web site, the proponents of the proposed initiative may
direct the Attorney General in writing to prepare a circulating title
and summary of the proposed initiative as originally presented,
prepare a circulating title and summary of the revised text, or post
the revised text on the Secretary of State's Internet Web site for
another 30-day review period.
(4) The provisions of this subdivision do not apply to referendum
measures.
(5) This subdivision does not alter or expand the existing duties
or authority of the Secretary of State regarding the substance of the
proposed initiative measures. The Secretary of State may post an
advisory on his or her Internet Web site to inform the public that
the comments provided are nonbinding and that the Secretary of State
may not require proponents to incorporate suggestions.
(b) Upon receipt of the proponent's direction pursuant to
subdivision (a), or in the case of a referendum measure, upon receipt
of a draft of the petition, the Attorney General shall prepare a
circulating title and summary of the chief purposes and points of the
proposed measure. The circulating title and summary shall not exceed
a total of 100 words. The Attorney General shall also provide a
unique numeric identifier for each proposed initiative measure. The
circulating title and summary shall be prepared in the manner
provided for the preparation of ballot titles and summaries in
Article 5 (commencing with Section 9050), the provisions of which, in
regard to the preparation, filing, and settlement of ballot titles
and summaries, are hereby made applicable to the circulating title
and summary.
(c) The Attorney General shall provide a copy of the circulating
title and summary and its unique numeric identifier to the proponents
and to the Secretary of State within 15 days after receipt of the
fiscal estimate or opinion prepared by the Department of Finance and
the Joint Legislative Budget Committee pursuant to Section 9005. If
during the 15-day period, the proponents of the proposed initiative
measure submit amendments, other than technical, nonsubstantive
amendments, to the final version of the measure, the Attorney General
shall provide a copy of the circulating title and summary to the
Secretary of State within 15 days after receipt of the amendments.
The date the copy is delivered or mailed to the proponents is the
"official summary date."
(d) Upon receipt of the circulating title and summary from the
Attorney General, the Secretary of State shall, within one business
day, notify the proponents and county elections official of each
county of the official summary date and provide a copy of the
circulating title and summary to each county elections official. This
notification shall also include a complete schedule showing the
maximum filing deadline, and the certification deadline by the
counties to the Secretary of State.
(e) This section shall become operative on July 1, 2011.
