Bill Text: CA SB1017 | 2011-2012 | Regular Session | Amended
Bill Title: Vote by mail ballots and election result statements.
Spectrum: Unknown
Status: (Engrossed - Dead) 2012-08-23 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. (Corrected August 24.) [SB1017 Detail]
Download: California-2011-SB1017-Amended.html
BILL NUMBER: SB 1017 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY AUGUST 22, 2012
AMENDED IN ASSEMBLY JUNE 26, 2012
INTRODUCED BY Committee on Budget and Fiscal Review
FEBRUARY 6, 2012
An act to amend Section 69999.6 of the Education Code,
and to amend Sections 3020, 4103, and 15372 of the
Elections Code, relating to state government
elections , and making an appropriation therefor, to
take effect immediately, bill related to the budget .
LEGISLATIVE COUNSEL'S DIGEST
SB 1017, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2012: Governor's Scholarship Programs: vote
Vote by mail ballots and election result
statements.
(1) Provisions of law that became inoperative on July 1, 2003, and
that were repealed on January 1, 2004, established the Governor's
Scholarship Programs under the administration of the Scholarshare
Investment Board. Existing law expresses the intent of the
Legislature to provide explicit authority to the board to continue to
administer accounts for, and to make awards to, persons who
qualified for awards under the provisions of the Governor's
Scholarship Programs as those provisions existed on January 1, 2003,
and to provide for the management and disbursement of funds
previously set aside for the Governor's Scholarship Programs.
Existing law provides that the amount remaining in the Golden State
Scholarshare Trust following a specified transfer is available as a
reserve for funding claims for awards.
Existing law additionally states the intent of the Legislature to
provide a guarantee should additional funds be needed to cover awards
authorized and made pursuant to the program. Existing law also
requires the board to negotiate with the current manager of the
program to execute an amended or new management and funding
agreement, which would be required to include specified terms.
Of those funds transferred to the General Fund, this bill would
appropriate $5,000,000 to the Chancellor of the California State
University, without regard to fiscal years, to fund specified
purposes relating to open education resources pursuant to legislation
enacted in the 2011--12 Regular Session of the Legislature. The bill
would prohibit all, or a portion, of that $5,000,000 from being
encumbered unless at least 100% of that amount encumbered is matched
by private funds, and would require the amount of the $5,000,000 that
is not matched by private funds to revert to the Golden State
Scholarshare Trust for purposes of the Governor's Scholarship
Programs.
(2)
(1) Existing law makes the vote by mail ballot
available to any registered voter. Existing law requires that those
vote by mail ballots be received by the elections officials from whom
they were obtained or by the precinct boards before the polls close
on election day in order to be counted.
Existing law authorizes certain local, special, or consolidated
elections to be conducted wholly by mail, so long as specified
conditions are satisfied. Existing law requires ballots cast in these
vote by mail elections to be returned to the elections official from
whom they were obtained no later than 8 p.m. on election day.
This bill would, notwithstanding the above provisions, provide
that any vote by mail ballot is timely cast if it is received by the
voter's elections official no later than 3 days after election day,
and either the ballot is postmarked on or before election day or the
voter has executed a declaration under penalty of perjury stating
that the ballot was voted and mailed prior to 8 p.m. on election day.
Because the bill would expand the duties of local elections
officials, it would impose a state-mandated local program.
(3)
(2) Existing law requires the elections official to
prepare a certified statement of the results of the election and
submit it to the governing body within 28 days of the election,
except for specified elections.
This bill would instead require the elections official to submit
the certified statement of the results of the election to the
governing body within 31 days of the election.
(4)
(3) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(5)This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: majority 2/3 . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 69999.6 of the Education
Code is amended to read:
69999.6. (a) In enacting this article, it is the intent of the
Legislature to accomplish all of the following:
(1) Provide explicit authority to the board to continue to
administer accounts for, and make awards to, persons who qualified
for awards under the provisions of the Governor's Scholarship
Programs as those provisions existed on January 1, 2003, prior to the
repeal of former Article 20 (commencing with Section 69995).
(2) Provide for the management and disbursement of funds
previously set aside for the scholarship programs authorized by
former Article 20 (commencing with Section 69995).
(3) Provide a guarantee should additional funds be needed to cover
awards authorized and made pursuant to former Article 20 (commencing
with Section 69995).
(b) The board may manage and disburse the funds previously set
aside for the scholarship programs authorized by former Article 20
(commencing with Section 69995).
(c) If a person has earned an award under the Governor's
Scholarship Programs on or before January 1, 2003, but has not
claimed the award on or before June 30, 2004, he or she still may
claim the award by a date that is five years from the first June 30
that fell after he or she took the qualifying test. An award shall
not be made by the board after that date.
(d) The board shall negotiate with the current manager of the
Governor's Scholarship Programs and execute an amended or new
management and funding agreement, before January 1, 2013, which shall
include, but not be limited to, all of the following:
(1) Terms providing for the return to the General Fund by no later
than January 1, 2013, of moneys appropriated to the Governor's
Scholarship Programs that are not anticipated to be needed to make
awards pursuant to paragraphs (1) and (2) of subdivision (a).
(2) Provisions that authorize the board to pay agreed-upon early
withdrawal penalties or fees.
(3) Terms that extend to the final date upon which the board may
withdraw funds for a person who earned an award under the Governor's
Scholarship Programs.
(e) (1) If funds retained in the Golden State Scholarshare Trust
after January 1, 2013, are insufficient to cover the remaining
withdrawal requests, it is the intent of the Legislature to
appropriate the necessary funds to the Golden State Scholarshare
Trust for the purpose of funding individual beneficiary accounts.
(2) The board shall notify the Department of Finance and the
Legislature no later than 10 working days after determining that a
shortfall in available funding described in paragraph (1) will occur.
(f) (1) Of the funds transferred to the General Fund pursuant to
paragraph (1) of subdivision (d), five million dollars ($5,000,000)
is hereby appropriated to the Chancellor of the California State
University, without regard to fiscal years, to fund the establishment
and administration of the California Open Education Resources
Council and the California Digital Open Source Library, and the
development or acquisition of open education resources, or any
combination thereof, pursuant to legislation enacted in the 2011-12
Regular Session of the Legislature, provided that the chancellor may
provide reimbursement to the California Community Colleges and the
University of California for costs those segments, or their
representatives, incur in association with the activities described
in this paragraph.
(2) Moneys, or a portion of moneys, appropriated pursuant to
paragraph (1) shall not be encumbered unless at least 100 percent of
that amount encumbered is matched by private funds. Moneys
appropriated pursuant to paragraph (1) that are not matched by
private funds shall revert to the Golden State Scholarshare Trust for
purposes of the Governor's Scholarship Programs.
(g) The board may adopt rules and regulations for the
implementation of this article.
SEC. 2. SECTION 1. Section 3020 of
the Elections Code is amended to read:
3020. (a) All vote by mail ballots cast under this division shall
be received by the elections official from whom they were obtained
or by the precinct board no later than the close of the polls on
election day.
(b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this division shall be timely cast if it is received by the
voter's elections official no later than three days after election
day and either of the following is satisfied:
(1) The ballot is postmarked on or before election day.
(2) The voter has executed a declaration under penalty of perjury
stating that the ballot was voted and mailed prior to 8 p.m. on
election day.
SEC. 3. SEC. 2. Section 4103 of the
Elections Code is amended to read:
4103. (a) Notwithstanding Section 3020, ballots cast under this
chapter shall be returned to the elections official from whom they
were obtained no later than 8 p.m. on election day.
(b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this chapter shall be timely cast if it is received by the
voter's elections official no later than three days after election
day and either of the following is satisfied:
(1) The ballot is postmarked on or before election day.
(2) The voter has executed a declaration under penalty of perjury
stating that the ballot was voted and mailed prior to 8 p.m. on
election day.
SEC. 4. SEC. 3. Section 15372 of the
Elections Code is amended to read:
15372. The elections official shall prepare a certified statement
of the results of the election and submit it to the governing body
within 31 days of the election or, in the case of school district,
community college district, county board of education, or special
district elections conducted on the first Tuesday after the first
Monday in November of odd-numbered years, no later than the last
Monday before the last Friday of that month.
SEC. 5. SEC. 4. Counties may
continue to use official election materials that do not take into
account the provisions of Sections 2 and 3 1
and 2 of this act, until the supply of those official election
materials is exhausted.
SEC. 6. SEC. 5. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
SEC. 7. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
