Amended  IN  Senate  March 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1153

Introduced by Senator Stern

February 14, 2018

An act to add Sections 9108.5 and 9201.5 9118.5, 9215.5, and 9311 to the Elections Code, relating to initiatives.


LEGISLATIVE COUNSEL'S DIGEST


SB 1153, as amended, Stern. Local initiatives: review.
(1) Existing law authorizes a proposed ordinance to be submitted to a county board of supervisors or supervisors, a legislative body of a city, or the governing board of a district by filing an initiative petition with the appropriate elections official, signed by not less than a specified number of voters. Existing law requires the county counsel for a county ordinance and the city attorney for a municipal ordinance to prepare a ballot title and summary for the proposed measure. Existing law requires the election for the initiative, if it qualifies, to be held at the next election occurring not less than 88 days after the date of the order of election.
This bill would require the county counsel for county initiative measures and the city attorney for municipal initiative measures to initiate a public review process for a period of 30 days by (1) posting the text of the proposed initiative measure on its Internet Web site and (2) inviting, and providing for the submission of, written public comments on the proposed initiative measure. By imposing new duties on local county counsels and city attorneys, the bill would impose a state-mandated local program. The bill would authorize during the public review period the proponents of the proposed initiative measure to submit amendments to the measure that are reasonably germane to the theme, purpose, or subject of the initiative measure as originally proposed. authorize the proponent of a county, municipal, or district initiative to withdraw the initiative at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official. Because the exercise of this authority would impose associated duties on local elections officials, this bill would impose a state-mandated local program.
(2) 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9118.5 is added to the Elections Code, to read:

9118.5.
 The proponent of an initiative may withdraw the initiative at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official.

SEC. 2.

 Section 9215.5 is added to the Elections Code, to read:

9215.5.
 The proponent of an initiative may withdraw the initiative at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official.

SEC. 3.

 Section 9311 is added to the Elections Code, to read:

9311.
 The proponent of an initiative may withdraw the initiative at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official.

SECTION 1.Section 9108.5 is added to the Elections Code, to read:
9108.5.

(a)Upon receipt of a request from the proponents of a proposed initiative measure for a circulating title and summary, the county counsel shall initiate a public review process for a period of 30 days by doing all of the following:

(1)Posting the text of the proposed initiative measure on the county counsel’s Internet Web site.

(2)Inviting, and providing for the submission of, written public comments on the proposed initiative measure on the county counsel’s Internet Web site. The site shall accept written public comments for the duration of the public review period. The written public comments shall be public records, available for inspection upon request pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, but shall not be displayed to the public on the county counsel’s Internet Web site during the public review period. The county counsel shall transmit any written public comments received during the public review period to the proponents of the proposed initiative measure.

(b)(1)During the public review period, the proponents of the proposed initiative measure may submit amendments to the measure that are reasonably germane to the theme, purpose, or subject of the initiative measure as originally proposed. However, amendments shall not be submitted if the initiative measure as originally proposed would not effect a substantive change in law.

(2)An amendment shall be submitted with a signed request by all the proponents to prepare a circulating title and summary using the amended language.

(3)An amendment shall be submitted to the county counsel via United States Postal Service, alternative mail service, or personal delivery. Only printed documents shall be accepted; facsimile or email delivery shall not be accepted.

(4)An amendment shall not be accepted more than five days after the public review period is concluded. However, a proponent shall not be prohibited from proposing a new initiative measure and requesting that a circulating title and summary be prepared for that measure.

(5)A proponent of an initiative may withdraw the initiative at any time prior to qualification.

SEC. 2.Section 9201.5 is added to the Elections Code, to read:
9201.5.

(a)Upon receipt of a request from the proponents of a proposed initiative measure for a circulating title and summary, the city attorney shall initiate a public review process for a period of 30 days by doing all of the following:

(1)Posting the text of the proposed initiative measure on the city attorney’s Internet Web site.

(2)Inviting, and providing for the submission of, written public comments on the proposed initiative measure on the city attorney’s Internet Web site. The site shall accept written public comments for the duration of the public review period. The written public comments shall be public records, available for inspection upon request pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, but shall not be displayed to the public on the city attorney’s Internet Web site during the public review period. The city attorney shall transmit any written public comments received during the public review period to the proponents of the proposed initiative measure

(b)(1)During the public review period, the proponents of the proposed initiative measure may submit amendments to the measure that are reasonably germane to the theme, purpose, or subject of the initiative measure as originally proposed. However, amendments shall not be submitted if the initiative measure as originally proposed would not effect a substantive change in law.

(2)An amendment shall be submitted with a signed request by all the proponents to prepare a circulating title and summary using the amended language.

(3)An amendment shall be submitted to the city attorney via United States Postal Service, alternative mail service, or personal delivery. Only printed documents shall be accepted; facsimile or email delivery shall not be accepted.

(4)An amendment shall not be accepted more than five days after the public review period is concluded. However, a proponent shall not be prohibited from proposing a new initiative measure and requesting that a circulating title and summary be prepared for that measure.

(5)A proponent of an initiative may withdraw the initiative at any time prior to qualification.

SEC. 3.SEC. 4.

 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.