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AB-119 Elections: payment of expenses.(2007-2008)

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AB119:v94#DOCUMENT

Assembly Bill No. 119
CHAPTER 487

An act to add and repeal Section 13001 of the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  October 11, 2007. Filed with Secretary of State  October 11, 2007. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 119, Price. Elections: payment of expenses.
Existing law, operative January 1, 2007, repealed, among other things, those provisions in the Elections Code that had required that all expenses authorized and necessarily incurred in the preparation for, and conduct of, elections be paid from the county treasuries, except when an election is called by the governing body of a city.
This bill would, retroactive to January 1, 2007, restore those provisions.
This bill would additionally provide, until January 1, 2008, that expenses incurred on or after January 1, 2007, for elections proclaimed by the Governor to fill a vacancy in the office of State Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Representative in Congress, are to be paid by the state. Where an election proclaimed by the Governor is consolidated with a local election, the bill would provide that the state would pay only those additional expenses directly related to the election proclaimed by the Governor.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 13001 is added to the Elections Code, to read:

13001.
 (a) Except as provided in subdivision (b), effective January 1, 2007, all expenses authorized and necessarily incurred in the preparation for, and conduct of, elections as provided in this code shall be paid from the county treasuries, except that when an election is called by the governing body of a city, the expenses shall be paid from the treasury of the city. All payments shall be made in the same manner as other county or city expenditures are made. The elections official, in providing the materials required by this division, need not utilize the services of the county or city purchasing agent.
(b) All expenses authorized and necessarily incurred on or after January 1, 2007, in the preparation for and conduct of elections proclaimed by the Governor to fill a vacancy in the office of State Senator or Assembly Member, or to fill a vacancy in the office of United States Senator or Representative in the Congress, shall be paid by the state. If an election proclaimed by the Governor to fill a vacancy in an office specified by this subdivision is consolidated with a local election, only those additional expenses directly related to the election proclaimed by the Governor shall be paid by the state.
(c) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute that is enacted on or before January 1, 2008, deletes or extends that date.

SEC. 2.

 Section 13001 is added to the Elections Code, to read:

13001.
 (a) All expenses authorized and necessarily incurred in the preparation for and conduct of elections as provided in this code shall be paid from the county treasuries, except that when an election is called by the governing body of a city the expenses shall be paid from the treasury of the city. All payments shall be made in the same manner as other county or city expenditures are made. The elections official, in providing the materials required by this division, need not utilize the services of the county or city purchasing agent.
(b) This section shall become operative on January 1, 2008.

SEC. 3.

 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 relieve counties of responsibility for expenses incurred in the year 2007 for the preparation for, and conduct of, elections proclaimed by the Governor for specified purposes, it is necessary that this bill go into immediate effect.