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AB-732 Bond measures: ballot pamphlet: Legislative Analyst: table.(2011-2012)

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Assembly Bill No. 732
CHAPTER 453

An act to amend Sections 9086 and 9087 of the Elections Code, and to amend Sections 88002 and 88003 of the Government Code, relating to elections.

[ Approved by Governor  October 04, 2011. Filed with Secretary of State  October 04, 2011. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 732, Buchanan. Bond measures: ballot pamphlet: Legislative Analyst: table.
Existing law regulates the form and content of the ballot pamphlet submitted to voters prior to each statewide election, and requires the Legislative Analyst to prepare for the ballot pamphlet an analysis of each statewide measure, including a fiscal analysis of each measure showing the amount of any increase or decrease in revenue or cost to state or local government. Existing law requires the title and summary of a measure that appears on the ballot to be amended to contain a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact.
This bill would, for state bond measures that are submitted to the voters for their approval or rejection, require the summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact to include an explanatory table of the information in the summary.
This bill would incorporate additional changes to Section 9086 of the Elections Code and Section 88002 of the Government Code, proposed by SB 334, to be operative only if SB 334 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last. This bill would also incorporate additional changes to Section 9087 of the Elections Code and Section 88003 of the Government Code, proposed by AB 1021, to be operative only if AB 1021 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 9086 of the Elections Code is amended to read:

9086.
 The ballot pamphlet shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:
(a) (1) Upon the top portion of the first page, and not exceeding one-third of the page, shall appear:
(A) Identification of the measure by number and title.
(B) The official summary prepared by the Attorney General.
(C) The total number of votes cast for and against the measure in both the State Senate and Assembly, if the measure was passed by the Legislature.
(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst, provided that the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed.
(c) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments.
(d) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis.
(e) The complete text of each measure shall appear at the back of the pamphlet. The text of the measure shall contain the provisions of the proposed measure and the existing provisions of law repealed or revised by the measure. The provisions of the proposed measure differing from the existing provisions of law affected shall be distinguished in print, so as to facilitate comparison.
(f) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.”

SEC. 1.5.

 Section 9086 of the Elections Code is amended to read:

9086.
 The ballot pamphlet shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:
(a) (1) Upon the top portion of the first page, and not exceeding one-third of the page, shall appear:
(A) Identification of the measure by number and title.
(B) The official summary prepared by the Attorney General.
(C) The total number of votes cast for and against the measure in both the State Senate and Assembly, if the measure was passed by the Legislature.
(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst, provided that the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed.
(c) Immediately below the analysis by the Legislative Analyst shall appear the list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee supporting each state measure and a list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee opposing each state measure, as required by paragraph (9) of subdivision (a) of Section 9084.
(d) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments.
(e) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis.
(f) The complete text of each measure shall appear at the back of the pamphlet. The text of the measure shall contain the provisions of the proposed measure and the existing provisions of law repealed or revised by the measure. The provisions of the proposed measure differing from the existing provisions of law affected shall be distinguished in print, so as to facilitate comparison.
(g) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.”

SEC. 2.

 Section 9087 of the Elections Code is amended to read:

9087.
 (a) The Legislative Analyst shall prepare an impartial analysis of the measure describing the measure and including a fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to state or local government. If it is estimated that a measure would result in increased cost to the state, an analysis of the measure’s estimated impact on the state shall be provided, including an estimate of the percentage of the General Fund that would be expended due to the measure, using visual aids when appropriate. An estimate of increased cost to the state or local governments shall be set out in boldface print in the ballot pamphlet.
(b) The analysis shall be written in clear and concise terms, so as to be easily understood by the average voter, and shall avoid the use of technical terms wherever possible. The analysis may contain background information, including the effect of the measure on existing law and the effect of enacted legislation which will become effective if the measure is adopted, and shall generally set forth in an impartial manner the information the average voter needs to adequately understand the measure. To the extent practicable, the Legislative Analyst shall utilize a uniform method in each analysis to describe the estimated increase or decrease in revenue or cost of a measure, so that the average voter may draw comparisons among the fiscal impacts of measures. The condensed statement of the fiscal impact summary for the measure prepared by the Attorney General to appear on the ballot shall contain the uniform estimate of increase or decrease in revenue or cost of the measure prepared pursuant to this subdivision.
(c) The Legislative Analyst may contract with a professional writer, educational specialist, or another person for assistance in writing an analysis that fulfills the requirements of this section, including the requirement that the analysis be written so that it will be easily understood by the average voter. The Legislative Analyst may also request the assistance of a state department, agency, or official in preparing his or her analysis.
(d) Prior to submitting the analysis to the Secretary of State, the Legislative Analyst shall submit the analysis to a committee of five persons, appointed by the Legislative Analyst, for the purpose of reviewing the analysis to confirm its clarity and easy comprehension to the average voter. The committee shall be drawn from the public at large, and one member shall be a specialist in education, one member shall be bilingual, and one member shall be a professional writer. Members of the committee shall be reimbursed for reasonable and necessary expenses incurred in performing their duties. Within five days of the submission of the analysis to the committee, the committee shall make recommendations to the Legislative Analyst as it deems appropriate to guarantee that the analysis can be easily understood by the average voter. The Legislative Analyst shall consider the committee’s recommendations, and he or she shall incorporate in the analysis those changes recommended by the committee that he or she deems to be appropriate. The Legislative Analyst is solely responsible for determining the content of the analysis required by this section.
(e) (1) The title and summary of any measure that appears on the ballot shall be amended to contain a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact.
(2) For state bond measures that are submitted to the voters for their approval or rejection, the summary of the Legislative Analyst’s estimate described in paragraph (1) shall include an explanatory table of the information in the summary.

SEC. 2.5.

 Section 9087 of the Elections Code is amended to read:

9087.
 (a) The Legislative Analyst shall prepare an impartial analysis of the measure describing the measure and including a fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to state or local government. If it is estimated that a measure would result in increased cost to the state, an analysis of the measure’s estimated impact on the state shall be provided, including an estimate of the percentage of the General Fund that would be expended due to the measure, using visual aids when appropriate. An estimate of increased cost to the state or local governments shall be set out in boldface print in the ballot pamphlet.
(b) The analysis shall be written in clear and concise terms, so as to be easily understood by the average voter, and shall avoid the use of technical terms wherever possible. The analysis may contain background information, including the effect of the measure on existing law and the effect of enacted legislation which will become effective if the measure is adopted, and shall generally set forth in an impartial manner the information the average voter needs to adequately understand the measure. To the extent practicable, the Legislative Analyst shall utilize a uniform method in each analysis to describe the estimated increase or decrease in revenue or cost of a measure, so that the average voter may draw comparisons among the fiscal impacts of measures. The condensed statement of the fiscal impact summary for the measure prepared by the Attorney General to appear on the ballot shall be followed immediately by the uniform estimate of increase or decrease in revenue or cost of the measure prepared pursuant to this subdivision.
(c) The Legislative Analyst may contract with professional writers, educational specialists, or other persons for assistance in writing an analysis that fulfills the requirements of this section, including the requirement that the analysis be written so that it will be easily understood by the average voter. The Legislative Analyst may also request the assistance of a state department, agency, or official in preparing his or her analysis.
(d) Prior to submitting the analysis to the Secretary of State, the Legislative Analyst shall submit the analysis to a committee of five persons, appointed by the Legislative Analyst, for the purpose of reviewing the analysis to confirm its clarity and easy comprehension to the average voter. The committee shall be drawn from the public at large, and one member shall be a specialist in education, one member shall be bilingual, and one member shall be a professional writer. Members of the committee shall be reimbursed for reasonable and necessary expenses incurred in performing their duties. Within five days of the submission of the analysis to the committee, the committee shall make recommendations to the Legislative Analyst as it deems appropriate to guarantee that the analysis can be easily understood by the average voter. The Legislative Analyst shall consider the committee’s recommendations, and he or she shall incorporate in the analysis those changes recommended by the committee that he or she deems to be appropriate. The Legislative Analyst is solely responsible for determining the content of the analysis required by this section.
(e) (1) The title and summary of any measure that appears on the ballot shall be amended to contain a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact.
(2) For state bond measures that are submitted to the voters for their approval or rejection, the summary of the Legislative Analyst’s estimate described in paragraph (1) shall include an explanatory table of the information in the summary.
(f) If a measure qualifies for the ballot and the Legislative Analyst’s analysis pursuant to this section determines that the measure would (1) establish a new or expanded program, (2) cost more than one million dollars ($1,000,000) in any year, excluding costs attributable to the issuance, sale, or repayment of general obligation bonds, if implemented, and (3) does not either provide new revenues or eliminate all or part of existing programs sufficient to pay the cost of the new or expanded program or service, a paragraph shall be added to the summary statement established pursuant to Section 9085 of the ballot pamphlet prepared pursuant to Section 9081, stating as follows:
“This measure does not include sufficient funds to pay the cost of the new or expanded program or service provided therein. Therefore, should the measure pass, its costs would have to be paid from one or more of the following:
(1) Reductions to existing state programs.
(2) Revenue increases.
(3) State reserves, if available.”

SEC. 3.

 Section 88002 of the Government Code is amended to read:

88002.
 The ballot pamphlet shall contain as to each state measure to be voted upon, the following in the order set forth in this section:
(a) (1) Upon the top portion of the first page and not exceeding one-third of the page shall appear:
(A) The identification of the measure by number and title.
(B) The official summary prepared by the Attorney General.
(C) The total number of votes cast for and against the measure in both the State Senate and Assembly if the measure was passed by the Legislature.
(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 of the Elections Code and Section 88003 shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst, provided that the analysis fits on a single page. If it does not fit on a single page, then the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed.
(c) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the page on which the analysis of the Legislative Analyst ends. The rebuttals shall be placed immediately below the arguments.
(d) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis.
(e) The complete text of each measure shall appear at the back of the pamphlet. The text of the measure shall contain the provisions of the proposed measure and the existing provisions of law repealed or revised by the measure. The provisions of the proposed measure differing from the existing provisions of law affected shall be distinguished in print, so as to facilitate comparison.
(f) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency.”

SEC. 3.5.

 Section 88002 of the Government Code is amended to read:

88002.
 The ballot pamphlet shall contain as to each state measure to be voted upon, the following in the order set forth in this section:
(a) (1) Upon the top portion of the first page and not exceeding one-third of the page shall appear:
(A) The identification of the measure by number and title.
(B) The official summary prepared by the Attorney General.
(C) The total number of votes cast for and against the measure in both the State Senate and Assembly if the measure was passed by the Legislature.
(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 of the Elections Code and Section 88003 shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst, provided that the analysis fits on a single page. If it does not fit on a single page, then the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed.
(c) Immediately below the analysis by the Legislative Analyst shall appear the list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee supporting each state measure and a list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee opposing each state measure, as required by paragraph (9) of subdivision (a) of Section 88001.
(d) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the page on which the analysis of the Legislative Analyst ends. The rebuttals shall be placed immediately below the arguments.
(e) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis.
(f) The complete text of each measure shall appear at the back of the pamphlet. The text of the measure shall contain the provisions of the proposed measure and the existing provisions of law repealed or revised by the measure. The provisions of the proposed measure differing from the existing provisions of law affected shall be distinguished in print, so as to facilitate comparison.
(g) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency.”

SEC. 4.

 Section 88003 of the Government Code is amended to read:

88003.
 The Legislative Analyst shall prepare an impartial analysis of the measure describing the measure and including a fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to state or local government. Any estimate of increased cost to local governments shall be set out in boldface print in the ballot pamphlet. The analysis shall be written in clear and concise terms which will easily be understood by the average voter, and shall avoid the use of technical terms wherever possible. The analysis may contain background information, including the effect of the measure on existing law and the effect of enacted legislation which will become effective if the measure is adopted, and shall generally set forth in an impartial manner the information which the average voter needs to understand the measure adequately. The Legislative Analyst may contract with professional writers, educational specialists, or other persons for assistance in writing an analysis that fulfills the requirements of this section, including the requirement that the analysis be written so that it will be easily understood by the average voter. The Legislative Analyst may also request the assistance of any state department, agency, or official in preparing his or her analysis. Prior to submission of the analysis to the Secretary of State, the Legislative Analyst shall submit the analysis to a committee of five persons appointed by the Legislative Analyst for the purpose of reviewing the analysis to confirm its clarity and easy comprehension to the average voter. The committee shall be drawn from the public at large, and one member shall be a specialist in education, one shall be bilingual, and one shall be a professional writer. Members of the committee shall be reimbursed for reasonable and necessary expenses incurred in performing their duties. Within five days of the submission of the analysis to the committee, the committee shall make such recommendations to the Legislative Analyst as it deems appropriate to guarantee that the analysis can be easily understood by the average voter. The Legislative Analyst shall consider the committee’s recommendations, and he or she shall incorporate in the analysis those changes recommended by the committee that he or she deems to be appropriate. The Legislative Analyst is solely responsible for determining the content of the analysis required by this section. The title and summary of any measure which appears on the ballot shall be amended to contain a summary of the Legislative Analyst’s estimate of the net state and local government financial impact. For state bond measures that are submitted to the voters for their approval or rejection, the summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact shall include an explanatory table of the information in the summary.

SEC. 4.5.

 Section 88003 of the Government Code is amended to read:

88003.
 (a) The Legislative Analyst shall prepare an impartial analysis of the measure describing the measure and including a fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to state or local government. If it is estimated that a measure would result in increased cost to the state, an analysis of the measure’s estimated impact on the state shall be provided, including an estimate of the percentage of the General Fund that would be expended due to the measure, using visual aids when appropriate. An estimate of increased cost to the state or local governments shall be set out in boldface print in the ballot pamphlet.
(b) The analysis shall be written in clear and concise terms so as to be easily understood by the average voter, and shall avoid the use of technical terms wherever possible. The analysis may contain background information, including the effect of the measure on existing law and the effect of enacted legislation which will become effective if the measure is adopted, and shall generally set forth in an impartial manner the information the average voter needs to adequately understand the measure. To the extent practicable, the Legislative Analyst shall utilize a uniform method in each analysis to describe the estimated increase or decrease in revenue or cost of a measure, so that the average voter may draw comparisons among the fiscal impacts of measures. The condensed statement of the fiscal impact summary for the measure prepared by the Attorney General to appear on the ballot shall be followed immediately by the uniform estimate of increase or decrease in revenue or cost of the measure prepared pursuant to this subdivision.
(c) The Legislative Analyst may contract with professional writers, educational specialists, or other persons for assistance in writing an analysis that fulfills the requirements of this section, including the requirement that the analysis be written so that it will be easily understood by the average voter. The Legislative Analyst may also request the assistance of a state department, agency, or official in preparing his or her analysis.
(d) Prior to submitting the analysis to the Secretary of State, the Legislative Analyst shall submit the analysis to a committee of five persons appointed by the Legislative Analyst for the purpose of reviewing the analysis to confirm its clarity and easy comprehension to the average voter. The committee shall be drawn from the public at large, and one member shall be a specialist in education, one member shall be bilingual, and one member shall be a professional writer. Members of the committee shall be reimbursed for reasonable and necessary expenses incurred in performing their duties. Within five days of the submission of the analysis to the committee, the committee shall make recommendations to the Legislative Analyst as it deems appropriate to guarantee that the analysis can be easily understood by the average voter. The Legislative Analyst shall consider the committee’s recommendations, and he or she shall incorporate in the analysis those changes recommended by the committee that he or she deems to be appropriate. The Legislative Analyst is solely responsible for determining the content of the analysis required by this section.
(e) The title and summary of any measure that appears on the ballot shall be amended to contain a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact. For state bond measures that are submitted to the voters for their approval or rejection, the summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact shall include an explanatory table of the information in the summary.
(f) If a measure qualifies for the ballot and the Legislative Analyst’s analysis pursuant to this section determines that the measure would (1) establish a new or expanded program, (2) cost more than one million dollars ($1,000,000) in any year, excluding costs attributable to the issuance, sale, or repayment of general obligation bonds, if implemented, and (3) does not either provide new revenues or eliminate all or part of existing programs sufficient to pay the cost of the new or expanded program or service, a paragraph shall be added to the summary statement established pursuant to Section 88002.5 of the ballot pamphlet prepared pursuant to Section 88000, stating as follows:
“This measure does not include sufficient funds to pay the cost of the new or expanded program or service provided therein. Therefore, should the measure pass, its costs would have to be paid from one or more of the following:
(1) Reductions to existing state programs.
(2) Revenue increases.
(3) State reserves, if available.”

SEC. 5.

 (a) Section 1.5 of this bill incorporates amendments to Section 9086 of the Elections Code proposed by both this bill and Senate Bill 334. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section 9086 of the Elections Code, and (3) this bill is enacted after Senate Bill 334, in which case Section 1 of this bill shall not become operative.
(b) Section 2.5 of this bill incorporates amendments to Section 9087 of the Elections Code proposed by both this bill and Assembly Bill 1021. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section 9087 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1021, in which case Section 2 of this bill shall not become operative.
(c) Section 3.5 of this bill incorporates amendments to Section 88002 of the Government Code proposed by both this bill and Senate Bill 334. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section 88002 of the Government Code, and (3) this bill is enacted after Senate Bill 334, in which case Section 3 of this bill shall not become operative.
(d) Section 4.5 of this bill incorporates amendments to Section 88003 of the Government Code proposed by both this bill and Assembly Bill 1021. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section 88003 of the Government Code, and (3) this bill is enacted after Assembly Bill 1021, in which case Section 4 of this bill shall not become operative.

SEC. 6.

 The Legislature finds and declares that this act permits or requires the inclusion of additional information on the ballot pamphlet in accordance with Section 88007 of the Government Code.