Bill Text: CA SB859 | 2009-2010 | Regular Session | Amended
Bill Title: Elections.
Spectrum: Unknown
Status: (Engrossed - Dead) 2010-10-07 - Read third time. Amended. (Page 7115.) To third reading. [SB859 Detail]
Download: California-2009-SB859-Amended.html
BILL NUMBER: SB 859 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY OCTOBER 7, 2010
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 11, 2010
An act relating to the Budget Act of 2010
elections, and declaring the urgency thereof, to take effec
t immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 859, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2010. Elections.
Existing law provides that a constitutional amendment submitted to
the people by the Legislature shall appear on the ballot of the
first statewide election occurring at least 131 days after the
adoption of the proposal by the Legislature. Existing law further
provides that the Secretary of State is the chief elections officer
of the state and requires the Secretary of State to perform specified
duties, including preparing and mailing ballot pamphlets, in
connection with any statewide election. Existing law requires the
Attorney General to provide for each ballot measure submitted to the
voters of the state a ballot title, an official summary, and a ballot
label that shall be a condensed statement of the ballot title and
summary.
This bill would waive the 131-day requirement in order to place
before the voters at the November 6, 2012, statewide general election
a legislative constitutional amendment relating to state finance. In
addition, this bill would set forth language to be used for the
ballot label and the ballot title and summary for that measure.
This bill would declare that it is to take effect immediately as
an urgency statute.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2010.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) Notwithstanding Section 9040 of the
Elections Code or any other provision of law, the Secretary of State
shall submit Assembly Constitutional Amendment 4 or Senate
Constitutional Amendment 10 of the 2009-10 Regular Session to the
voters at the November 6, 2012, statewide general election.
(b) (1) Notwithstanding Sections 9050, 9051, and 9053 of the
Elections Code or any other provision of law, all ballots for the
November 6, 2012, statewide general election shall have printed
thereon as the ballot label for the measure identified in subdivision
(a) the following:
"'RAINY DAY' BUDGET STABILIZATION FUND. Changes the budget
process. Could limit future deficits and spending by increasing the
size of the state 'rainy day' fund and requiring above-average
revenues to be deposited into it, for use during economic downturns
and other purposes."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot label
for the condensed statement of the ballot title, and the Attorney
General shall not supplement, subtract from, or revise that language,
except that the Attorney General shall include the financial impact
summary prepared pursuant to Section 9087 of the Elections Code and
Section 88003 of the Government Code. The ballot label is the
condensed statement of the ballot title and the financial impact
summary.
(c) (1) Notwithstanding Sections 9050, 9051, 9063, and 9086 of the
Elections Code or any other provision of law, the Secretary of State
shall use as the ballot title and summary for the measure identified
in subdivision (a) the following:
"STATE BUDGET. CHANGES CALIFORNIA BUDGET PROCESS. LIMITS STATE
SPENDING. INCREASES 'RAINY DAY' BUDGET STABILIZATION FUND. Increases
amount of potential savings in the state 'rainy day' fund from 5% to
10% of the General Fund. Requires 3% of the general revenues to be
deposited each year into the state 'rainy day' fund, except when
revenues drop below last year's budget, adjusted for population and
inflation. Requires unexpected revenues above historic trends to be
deposited into the state 'rainy day' fund, limiting spending. In many
years, there will be increased amounts of money in the state 'rainy
day' fund. Limits spending of the state 'rainy day' fund to when
state revenues drop below last year's budget, adjusted for population
and inflation, and other limited purposes, including for a declared
emergency. Once the state 'rainy day' fund becomes full, additional
revenues can only be used for one-time expenses like infrastructure,
debt repayment, or retained in the state 'rainy day' fund."
(2) Notwithstanding any other provision of law, the language in
paragraph (1) shall be the only language included in the ballot title
and summary, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General
shall include the financial impact summary prepared pursuant to
Section 9087 of the Elections Code and Section 88003 of the
Government Code.
(d) At the appropriate location on the ballot, in the manner
prescribed by law, there shall be provided the opportunity for voters
to indicate whether they vote for or against the measure.
(e) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choices by means thereof are in compliance
with this section.
(f) The Secretary of State shall include in the ballot pamphlets
for the November 6, 2012, statewide general election, mailed pursuant
to Section 9094 of the Elections Code, the information specified in
Section 9084 of the Elections Code regarding the measure identified
in subdivision (a).
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to ensure that one of the measures identified in this act
is placed on the ballot at the appropriate election for the approval
of the people, it is necessary that this act take effect
immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2010.
