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AB-2194 United States Senate vacancy.(2019-2020)

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Date Published: 04/28/2020 09:00 PM
AB2194:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2194


Introduced by Assembly Member Kiley

February 11, 2020


An act to add Section 711.5 to the Fish and Game Code, relating to environmental quality. An act to amend Sections 10700, 10702, and 10703 of, to amend and renumber the heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of, and to repeal Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of, the Elections Code, and to amend Section 1773 of the Government Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 2194, as amended, Kiley. California Environmental Quality Act: Department of Fish and Wildlife: review of environmental documents: uniform protocol. United States Senate vacancy.
Under existing law, when a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor is required, within 14 calendar days after the occurrence of the vacancy, to call an election to fill the vacancy, as specified. With regard to a vacancy in the office of United States Senator, however, existing law authorizes the Governor to appoint a person to fill the vacancy, as specified.
This bill would instead require that a vacancy in the office of United States Senator be filled in the same manner as a vacancy in a congressional representative or state legislative office. The bill would make conforming and technical changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires the lead agency to consult with a public agency that is a responsible agency or a trustee agency during the environmental review process.

Existing law authorizes the Department of Fish and Wildlife to impose and collect a filing fee to defray the costs of managing and protecting fish and wildlife trust resources, including, but not limited to, consulting with other public agencies, reviewing environmental documents, recommending mitigation measures, developing monitoring requirements for purposes of CEQA, and other activities protecting those trust resources identified in the review pursuant to the CEQA.

This bill would require the department to develop a uniform protocol on how the department will implement its responsibility as a responsible agency, in reviewing environmental review documents or trustee agency under CEQA.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 10700 of the Elections Code is amended to read:

10700.
 The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 2 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.

SEC. 2.

 Section 10702 of the Elections Code is amended to read:

10702.
 Except as provided by Chapter 3 2 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly.

SEC. 3.

 Section 10703 of the Elections Code is amended to read:

10703.
 (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section 1773 of the Government Code.
(2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 200 days following the proclamation in order to consolidate the election or the primary election with an election occurring wholly or partially within the same territory in which the vacancy exists.
(b) Except as provided in Chapter 3 2 (commencing with Section 10730), a special election or a primary election shall not be conducted on the day after a state holiday.
(c) (1) A special election described in this section may be conducted as an all-mailed ballot election pursuant to Section 4000.5 or 4001.5.
(2) This subdivision shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

SEC. 4.

 Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of the Elections Code is repealed.

SEC. 5.

 The heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of the Elections Code is amended and renumbered to read:
CHAPTER   2. Vacancies in Congressional Offices caused by Catastrophe

SEC. 6.

 Section 1773 of the Government Code is amended to read:

1773.
  (a)  When a vacancy occurs in the office of Representative to Congress, United States Senator, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of proclamation calling an election to fill the vacancy; provided, that when such vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governor’s discretion; and provided, further, that when a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election shall be held. vacancy.
(1) If the vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governor’s discretion.
(2) If the vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, a special election shall not be held.
(b)  The Governor shall issue the election proclamation under his the Governor’s hand and the Great Seal of the state, and shall transmit copies to the board of supervisors of the counties in which the election is to be held.

SECTION 1.Section 711.5 is added to the Fish and Game Code, to read:
711.5.

The department shall develop a uniform protocol, including the extent to which the department would comment, on how the department will implement its responsibility, as a responsible agency or trustee agency, in reviewing environmental review documents under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).