California 2011 2011-2012 Regular Session

California Senate Bill SB83 Amended / Bill

Filed 03/26/2012

 BILL NUMBER: SB 83AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2012 AMENDED IN ASSEMBLY MARCH 14, 2011 INTRODUCED BY Committee on Budget and Fiscal Review JANUARY 10, 2011  An act calling an election, to take effect immediately.   An act to amend the Budget Act of 2011 (Chapter 33 of the Statutes of 2011) by amending Item 0911-001-0001 of Section 2.00 of that act, relating to the support of state government, and making an appropriation therefor, to take effect immediately, Budget Bill.  LEGISLATIVE COUNSEL'S DIGEST SB 83, as amended, Committee on Budget and Fiscal Review.  Special election.   Budget Act of 2011: Citizens Redistricting Commission.   The Budget Act of 2011 appropriates $400,000 for the support of the Citizens Redistricting Commission. The act also authorizes the Director of Finance, not sooner than 30 days after notification to the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, to augment that $400,000 appropriation by up to $1,500,000 if the commission demonstrates that funding for litigation support is necessary.   This bill would increase the appropriation for the support of the commission to $739,000. The bill would further authorize the Director of Finance, in addition to the existing augmentation authority and subject to the same time restrictions, to augment that $739,000 appropriation by up to $659,000 if the commission demonstrates that additional funding is necessary during the 2011-12 fiscal year for litigation to defend any action regarding a certified final map and, in addition, by up to $163,000 if the commission demonstrates that additional funding is necessary during the 2011-12 fiscal year for costs related to unemployment insurance and vacation leave balance payments for staff who are terminating employment with the state.   This bill would declare that it is to take effect immediately as a Budget Bill.   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 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 June 7, 2011, and would require the Secretary of State to place before the voters at that election a legislative constitutional amendment, as specified, relating to local government finance. In addition, the bill would waive certain statutory deadlines in relation to the placement of that measure before the voters at the June 7, 2011, statewide special election. The bill would also provide that funds necessary to pay the claims of local agencies arising from their costs incurred to conduct the June 7, 2011, statewide special election shall be included in the Budget Act of 2011 or in another statute.   This bill would declare that it is to take effect immediately as an act calling an election.  Vote: majority. Appropriation:  no   yes  . Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Item 0911-001-0001 of Section 2.00 of the   Budget Act of 2011   is amended to read:  0911-001-0001--For support of the Citizens Redistricting Initiative.......................  400,000   739,000  Provisions: 1. The Director of Finance, not sooner than 30 days after notification to the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, may augment this item by up to $1,500,000 if the Citizens Redistricting Commission demonstrates that funding for litigation support is necessary.  2. In addition to the authority provided   in Provision 1, the Director of   Finance, not sooner than 30 days after   notification to the Joint Legislative   Budget Committee, or any lesser time   determined by the chairperson of the   joint committee, may augment this item   by up to $659,000 if the Citizens   Redistricting Commission demonstrates   that additional funding is necessary   during the 2011-12 fiscal year for   litigation to defend any action   regarding a certified final map.   3. In addition to the authority provided   in Provisions 1 and 2, the Director of   Finance, not sooner than 30 days after   notification to the Joint Legislative   Budget Committee, or any lesser time   determined by the chairperson of the   joint committee, may augment this item   by up to $163,000 if the Citizens   Redistricting Commission demonstrates   that additional funding is necessary   during the 2011-12 fiscal year for   costs related to unemployment   insurance and vacation leave balance   payments for staff who are terminating   employment with the state.   SEC. 2.   This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.   SECTION 1.   A statewide special election is hereby called to be held on June 7, 2011. 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 on June 7, 2011, may, at the discretion of the appropriate local officials, be consolidated with the statewide special election called by this act.   SEC. 2.   Notwithstanding the requirements of Section 9040 of the Elections Code or any other provision of law, and in accordance with other provisions of the Elections Code and the Government Code governing the submission of a statewide measure to the voters that are not inconsistent with this act, the Secretary of State shall submit Assembly Constitutional Amendment 2 or Senate Constitutional Amendment 1, as applicable, of the 2011-12 First Extraordinary Session to the voters at the statewide special election called by this act to be held on June 7, 2011.   SEC. 3.   Notwithstanding Sections 13115 and 13117 of the Elections Code, Assembly Constitutional Amendment 2 or Senate Constitutional Amendment 1, as applicable, of the 2011-12 First Extraordinary Session shall be placed as the first ballot measure on the June 7, 2011, statewide special election ballot and shall be designated as Proposition 28.   SEC. 4.   (a) The Secretary of State shall include in the ballot pamphlets for the June 7, 2011, statewide special election, mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding Proposition 28. (b) In accordance with Sections 9092 of the Elections Code, not less than 20 days before submitting the copy for the ballot pamphlet to the State Printer, the Secretary of State shall make the copy available for public examination. (c) Notwithstanding Sections 9054 and 13282 of the Elections Code or any other provision of law, the ballot labels required pursuant to Section 13282 and the translations of the ballot materials 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 ballot labels and translations of the ballot materials must remain available for public examination for eight days.   SEC. 5.   The funds necessary to pay the claims of local agencies arising from their costs incurred to conduct the June 7, 2011, statewide special election shall be included in the Budget Act of 2011 or in another statute.   SEC. 6.   This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.