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AB-496 Elections: payment of expenses.(2009-2010)

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AB496:v92#DOCUMENT

Amended  IN  Senate  July 15, 2010
Amended  IN  Senate  June 22, 2010
Amended  IN  Senate  June 29, 2009
Amended  IN  Assembly  May 26, 2009
Amended  IN  Assembly  April 23, 2009
Amended  IN  Assembly  April 20, 2009
Amended  IN  Assembly  March 24, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill No. 496


Introduced  by  Assembly Member Davis

February 24, 2009


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


LEGISLATIVE COUNSEL'S DIGEST


AB 496, as amended, Davis. Elections: payment of expenses.
Existing law requires 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 additionally provide that expenses incurred 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. The bill would provide that the reimbursable expenses incurred by counties will not be reimbursed sooner than the 2011–12 fiscal year.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 13001 of the Elections Code is amended to read:

13001.
 (a) Except as provided in subdivision (b), 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 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. Counties that incurred expenses that are to be paid by the state pursuant to this subdivision for elections occurring in 2010 shall be reimbursed not sooner than the 2011–12 fiscal year.

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 provide reimbursement to counties for costs for special elections, it is necessary for this bill to take effect as soon as possible.