Bill Text: CA AB883 | 2017-2018 | Regular Session | Amended
Bill Title: Emergency services: Governor: powers.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB883 Detail]
Download: California-2017-AB883-Amended.html
|
Amended
IN
Assembly
March 23, 2017 |
| Assembly Bill | No. 883 |
| Introduced by Assembly Member Dahle |
February 16, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. Under the act, statewide, county, city, and district initiative, referendum, and recall petitions, certain other petitions, and related memoranda are deemed not to be public records and are not open to inspection except by the public officer or public employees who have the duty of receiving, examining, or preserving the petitions or who are responsible for the preparation of those memoranda and, if the petition is found to be insufficient, by the proponents of the petition, as defined, and the representatives of the proponents as may be designated by the proponents in writing, to determine which signatures were disqualified and the reasons for disqualification.
The act requires that the examination commence not later than 21 days after the certification of insufficiency.
This bill would make nonsubstantive changes to those petition provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8570 of the Government Code is amended to read:8570.
The Governor may, in accordance with the State Emergency Plan and programs for the mitigation of the effects of an emergency in this state:(a)Notwithstanding Sections 6252 and 6253, statewide, county, city, and district initiative, referendum, and recall petitions, petitions circulated pursuant to Section 5091 of the Education Code, petitions for the reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of Division 3 of Title 2 of the Education Code, petitions for the reorganization of community college districts submitted pursuant to
Part 46 (commencing with Section 74000) of Division 7 of Title 3
of the Education Code and all memoranda prepared by the county elections officials in the examination of the petitions indicating which registered voters have signed particular petitions shall not be deemed to be public records and shall not be open to inspection except by the public officer or public employees who have the duty of receiving, examining, or preserving the petitions or who are responsible for the preparation of that memoranda and, if the petition is found to be insufficient, by the proponents of the petition and the representatives of the proponents as may be designated by the proponents in writing in order to determine which signatures were disqualified and the reasons
for the disqualification. However, the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a school district or a community college district attorney, and a city attorney shall be permitted to examine the material upon approval of the appropriate superior court.
(b)If the proponents of a petition are permitted to examine the petition and memoranda, the examination shall commence not later than 21
days after
the date of certification of insufficiency.
(c)(1)As used in this section, “petition” shall mean any petition to which a registered voter has affixed his or her signature.
(2)As used in this section “proponents of the petition” means the following:
(A)For statewide initiative and referendum measures, the person or persons who submit a draft of a petition proposing the measure to the Attorney General with a request that he or she prepare a title and summary of the chief purpose and points of the proposed measure.
(B)For other initiative and referenda on measures, the person or persons who publish a notice of intention to circulate petitions, or, where publication is not required, who file petitions with the elections official.
(C)For recall measures, the person or persons defined in Section 343 of the Elections Code.
(D)For
petitions circulated pursuant to Section 5091 of the Education Code, the person or persons having charge of the petition who submit the petition to the county superintendent of schools.
(E)For petitions circulated pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of Division 3 of Title 2 of the Education Code, the person or persons designated as chief petitioners under Section 35701 of the Education Code.
(F)For petitions circulated pursuant to Part 46 (commencing with Section 74000) of Division 7 of Title 3 of the Education Code, the person or persons designated as chief petitioners under Sections 74102, 74133, and 74152 of the Education Code.
