BILL NUMBER: ABX3 11CHAPTERED BILL TEXT CHAPTER 6 FILED WITH SECRETARY OF STATE FEBRUARY 20, 2009 APPROVED BY GOVERNOR FEBRUARY 20, 2009 PASSED THE SENATE FEBRUARY 14, 2009 PASSED THE ASSEMBLY FEBRUARY 15, 2009 AMENDED IN SENATE FEBRUARY 14, 2009 AMENDED IN ASSEMBLY JANUARY 7, 2009 INTRODUCED BY Assembly Member Evans JANUARY 5, 2009 An act calling an election, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 11, Evans. Special election. Existing law 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 further 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. Existing law requires that every measure submitted to the voters comply with a specified schedule leading up to the day of the election. This bill would call a statewide special election to be held on May 19, 2009. The bill would place 5 measures before the voters at that election, including (1) a legislative constitutional amendment relating to budget reform, (2) a legislative constitutional amendment relating to education finance, (3) a legislative measure relating to the California State Lottery, (4) a legislative measure relating to Proposition 10 approved by the voters at the November 3, 1998, statewide general election, and (5) a legislative measure relating to Proposition 63 approved by the voters at the November 2, 2004, statewide general election. This bill would further set forth language to be used for the ballot labels and the ballot titles and summaries for those measures. In addition, this bill would waive certain statutory deadlines for placement of those measures before the voters at the May 19, 2009, statewide special election, and would specify that the ballot label public examination period be limited to 8 days. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an act calling an election. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. A statewide special election is hereby called to be held throughout the state on May 19, 2009. Notwithstanding Sections 10403 and 10406 of the Elections Code or any other provision of law, any county, municipal, district, or other election scheduled to be held during the period from May 19, 2009, to June 2, 2009, inclusive, may be scheduled and held on May 19, 2009, and consolidated with the statewide special election called by this act. SEC. 2. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and 9082 of the Elections Code or any other provision of law, the Secretary of State shall submit Senate Constitutional Amendment 13 of the 2007-08 Regular Session, as amended by Assembly Constitutional Amendment 1 or Senate Constitutional Amendment 1 of the 2009-10 Third Extraordinary Session, to the voters at the May 19, 2009, statewide special election. (b) Notwithstanding Sections 13115 and 13117 of the Elections Code, the measure described in subdivision (a) shall be placed as the first ballot measure on the May 19, 2009, statewide special election ballot and shall be designated as Proposition 1A. (c) (1) Notwithstanding Sections 13247 and 13281 of the Elections Code or any other provision of law, all ballots for the May 19, 2009, statewide special election shall have printed thereon as the ballot label for Proposition 1A the following: "'RAINY DAY' BUDGET STABILIZATION FUND. Reforms the budget process. Limits future deficits and overspending 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." (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. (d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the Elections Code or any other provision of law, the Secretary of State shall use the following as the ballot title and summary for Proposition 1A: "STABILIZES STATE BUDGET. REFORMS CALIFORNIA BUDGET PROCESS. LIMITS STATE SPENDING. INCREASES 'RAINY DAY' BUDGET STABILIZATION FUND. Increases size of state 'rainy day' fund from 5% to 12.5% of the General Fund. A portion of the annual deposits into that fund would be dedicated to savings for future economic downturns, and the remainder would be available to fund education, infrastructure, and debt repayment, or for use in a declared emergency. Requires additional revenue above historic trends to be deposited into state 'rainy day' fund, limiting unsustainable spending of one-time spikes in revenue." (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. (e) 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. (f) 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. SEC. 3. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and 9082 of the Elections Code or any other provision of law, the Secretary of State shall submit Assembly Constitutional Amendment 2 or Senate Constitutional Amendment 2 of the 2009-10 Third Extraordinary Session to the voters at the May 19, 2009, statewide special election. (b) Notwithstanding Sections 13115 and 13117 of the Elections Code, the measure described in subdivision (a) shall be placed as the second ballot measure on the May 19, 2009, statewide special election ballot and shall be designated as Proposition 1B. (c) (1) Notwithstanding Sections 13247 and 13281 of the Elections Code or any other provision of law, all ballots for the May 19, 2009, statewide special election shall have printed thereon as the ballot label for Proposition 1B the following: "EDUCATION FUNDING. PAYMENT PLAN. Requires supplemental payments to local school districts and community colleges to address recent budget cuts." (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. (d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the Elections Code or any other provision of law, the Secretary of State shall use the following as the ballot title and summary for Proposition 1B: "EDUCATION FUNDING. PAYMENT PLAN. Requires supplemental payments to local school districts and community colleges to address recent budget cuts. Annual payments begin in 2011-12. Payments are funded from the state's Budget Stabilization Fund until the total amount has been paid. Payments to local school districts will be allocated in proportion to average daily attendance and may be used for classroom instruction, textbooks and other local educational programs." (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. (e) 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. (f) 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. SEC. 4. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and 9082 of the Elections Code or any other provision of law, the Secretary of State shall submit to the voters as a single measure at the May 19, 2009, statewide special election Senate Constitutional Amendment 12 of the 2007-08 Regular Session and the provisions of Sections 1 to 7, inclusive, Section 12, and Sections 14 to 17, inclusive, of Assembly Bill 1654 of the 2007-08 Regular Session, as amended by Assembly Bill 12 or Senate Bill 12 of the 2009-10 Third Extraordinary Session. (b) Notwithstanding Sections 13115 and 13117 of the Elections Code, the measure described in subdivision (a) shall be placed as the third ballot measure on the May 19, 2009, statewide special election ballot and shall be designated as Proposition 1C. (c) (1) Notwithstanding Sections 13247 and 13281 of the Elections Code or any other provision of law, all ballots for the May 19, 2009, statewide special election shall have printed thereon as the ballot label for Proposition 1C the following: "LOTTERY MODERNIZATION ACT. Allows the state lottery to be modernized to improve its performance with increased payouts, improved marketing, and effective management. Requires the state to maintain ownership of the lottery and authorizes additional accountability measures. Protects funding levels for schools currently provided by lottery revenues. Increased lottery revenues will be used to address current budget deficit and reduce the need for additional tax increases and cuts to state programs." (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. (d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the Elections Code or any other provision of law, the Secretary of State shall use the following as the ballot title and summary for Proposition 1C: "LOTTERY MODERNIZATION ACT. Allows the state lottery to be modernized to improve its performance with increased payouts, improved marketing, and effective management. Requires the state to maintain ownership of the lottery and authorizes additional accountability measures. Protects funding levels for schools currently provided by lottery revenues. Increased lottery revenues will be used to address current budget deficit and reduce the need for additional tax increases and cuts to state programs." (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. (e) 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. (f) 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. SEC. 5. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and 9082 of the Elections Code or any other provision of law, the Secretary of State shall submit the provisions of Assembly Bill 9 or Senate Bill 9 of the 2009-10 Third Extraordinary Session to the voters at the May 19, 2009, statewide special election. (b) Notwithstanding Sections 13115 and 13117 of the Elections Code, the measure described in subdivision (a) shall be placed as the fourth ballot measure on the May 19, 2009, statewide special election ballot and shall be designated as Proposition 1D. (c) (1) Notwithstanding Sections 13247 and 13281 of the Elections Code or any other provision of law, all ballots for the May 19, 2009, statewide special election shall have printed thereon as the ballot label for Proposition 1D the following: "CHILDREN'S SERVICES FUNDING. Temporarily provides greater flexibility in funding to preserve health and human services for young children while helping balance the state budget in a difficult economy." (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. (d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the Elections Code or any other provision of law, the Secretary of State shall use the following as the ballot title and summary for Proposition 1D: "PROTECTS CHILDREN'S SERVICES FUNDING. HELPS BALANCE STATE BUDGET. Provides more than $600 million to protect children's programs in difficult economic times. Redirects existing tobacco tax money to protect health and human services for children, including services for at-risk families, services for children with disabilities, and services for foster children. Temporarily allows the redirection of existing money to fund health and human service programs for children 5 years old and under. Ensures counties retain funding for local priorities. Helps balance state budget." (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. (e) 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. (f) 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. SEC. 6. (a) Notwithstanding Sections 9040, 9043, 9044, 9061, and 9082 of the Elections Code or any other provision of law, the Secretary of State shall submit Assembly Bill 10 or Senate Bill 10 of the 2009-10 Third Extraordinary Session to the voters at the May 19, 2009, statewide special election. (b) Notwithstanding Sections 13115 and 13117 of the Elections Code, the measure described in subdivision (a) shall be placed as the fifth ballot measure on the May 19, 2009, statewide special election ballot and shall be designated as Proposition 1E. (c) (1) Notwithstanding Sections 13247 and 13281 of the Elections Code or any other provision of law, all ballots for the May 19, 2009, statewide special election shall have printed thereon as the ballot label for Proposition 1E the following: "MENTAL HEALTH FUNDING BUDGET. Helps balance the state budget and preserve funding for children's mental health services by providing temporary flexibility in the Mental Health Services Act to fund the Early and Periodic Screening, Diagnosis, and Treatment Program for children." (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. (d) (1) Notwithstanding Sections 9050, 9053, and 9086 of the Elections Code or any other provision of law, the Secretary of State shall use the following as the ballot title and summary for Proposition 1E: "ENSURES FUNDING FOR CHILDREN'S MENTAL HEALTH SERVICES. HELPS BALANCE STATE BUDGET. Guarantees that certain funding intended for mental health programs goes toward mental health services for children. Provides a temporary, two-year flexibility in the Mental Health Services Act (Proposition 63 of 2004) to allow the state to fund the Early and Periodic Screening, Diagnosis, and Treatment Program for children and young adults under age 21. Guarantees and protects more than $225 million in flexible funding for mental health programs. Helps balance state budget during this difficult economic time." (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. (e) 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. (f) 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. SEC. 7. (a) The Secretary of State shall include in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code the information specified in Section 9084 of the Elections Code regarding all of the following: (1) Proposition 1A, as described in subdivision (a) of Section 2. (2) Proposition 1B, as described in subdivision (a) of Section 3. (3) Proposition 1C, as described in subdivision (a) of Section 4. (4) Proposition 1D, as described in subdivision (a) of Section 5. (5) Proposition 1E, as described in subdivision (a) of Section 6. (b) Notwithstanding Section 9054 of the Elections Code or any other provision of law, the translations of the ballot titles and the condensed statements of the ballot titles required pursuant to Section 9054 may be made available for public examination at a later date than the start of the public examination period for the ballot pamphlet, provided that the translations of the ballot titles and the condensed statements of the ballot titles must remain available for public examination for eight days. (c) Notwithstanding Section 13282 of the Elections Code or any other provision of law, the public shall be permitted to examine the condensed statements of the ballot titles for eight days. Any voter may seek a writ of mandate for the purpose of requiring the condensed statements of the ballot titles, or portions thereof, to be amended or deleted only within that eight-day period. SEC. 8. This act addresses the fiscal emergency declared by the Governor by proclamation on December 19, 2008, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution. SEC. 9. This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect. SEC. 10. 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 the measures identified in this act be placed on the ballot for the approval of the people at the earliest possible time to address the state's current budgetary crisis, it is necessary that this act take effect immediately.