California Assembly Bill AB884 Amended / Bill

 BILL NUMBER: AB 884AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 6, 2015 INTRODUCED BY Assembly Member  Calderon   Rendon  FEBRUARY 26, 2015 An act to amend  the heading of Article 10 (commencing with Section 270) of Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to educational equity.   Section 9004 of, to add Section 9008.5 to, and to repeal Section 18650 of, the Elections Code, and to amend Section 6253.5 of the Government Code, relating to initiatives   .  LEGISLATIVE COUNSEL'S DIGEST AB 884, as amended,  Calderon   Rendon  .  Educational equity: gender equity in education.   Initiative petitions: public records.   (1) Under the California Public Records Act, statewide, county, city, and district initiative, referendum, and recall petitions, certain other petitions, and related memoranda are not public records and are not open to inspection, except as specified.   This bill would create an exception to that exemption for petitions for statewide initiatives that the Attorney General has determined would likely result in a violation of an individual's constitutional rights, thereby making those petitions subject to inspection by the public. By requiring local agencies to produce additional records for inspection, this bill would impose a state-mandated local program.   (2) Existing law requires the Attorney General to provide a ballot label and a ballot title for each measure to be submitted to the voters at a statewide election, and requires the Attorney General to prepare a summary of the chief purposes and points of each statewide ballot measure as part of the ballot title. Existing law provides for the format of an initiative measure petition and requires, prior to circulation, the placement of specified information across the top of the petition of a proposed initiative measure in 12-point or larger roman boldface type.   This bill would require the Attorney General, if he or she determines during preparation of the circulating title and summary for a statewide initiative measure that the measure would likely result in a violation of an individual's constitutional rights, to include a specified statement in the title and summary. The bill would require, for those measures that the Attorney General determines would likely result in a violation of an individual's constitutional rights, specified information on the petition to be in 16-point or larger roman boldface type, and would require a statement notifying the public that the petition, including information provided by signatories to the petition, is subject to the California Public Records Act.   (3) Existing law prohibits a person from knowingly or willfully permitting the list of signatures on an initiative, referendum, or recall petition to be used for any purpose other than qualification of the initiative or referendum measure or recall question for the ballot, and provides that violation of that provision is a misdemeanor.   This bill would repeal those provisions.   The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.   This bill would make legislative findings to that effect.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that no reimbursement is required by this act for a specified reason.   Existing law, the Sex Equity in Education Act, states the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted without regard to the sex of the pupil enrolled in these classes or courses. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to, discrimination under any education program or activity receiving federal financial assistance.   An article of existing law, entitled "Athletes' Bill of Rights," requires the State Department of Education to post on its Internet Web site, in both English and Spanish and at a reading level that may be comprehended by pupils in high school, the information set forth in the federal regulations implementing Title IX. This existing article also enumerates the rights available to a pupil relating to gender equity in athletics.   This bill would change the title of the existing article referenced above to "Gender Equity in Education."  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 6253.5 of the   Government Code   is amended to read:  6253.5.  (a)    Notwithstanding Sections 6252 and 6253,  and except as provided by subdivision (d),  statewide, county, city, and district initiative, referendum, and recall petitions, petitions circulated pursuant to Section 5091 of the Education Code, petitions for the reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of the Education Code, petitions for the reorganization of community college districts submitted pursuant to Part 46 (commencing with Section 74000) of the Education Code and all memoranda prepared by the county elections officials in the examination of the petitions indicating which registered voters have signed particular petitions shall not be deemed  to be  public records and shall not be open to inspection except by the public officer or public employees who have the duty of receiving,  examining   examining,  or preserving the petitions or who are responsible for the preparation of that memoranda and, if the petition is found to be insufficient, by the proponents of the petition and the representatives of the proponents as may be designated by the proponents in writing in order to determine which signatures were disqualified and the reasons  therefor.   for disqualification.  However, the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a school district or a community college district attorney, and a city attorney shall be permitted to examine the material upon approval of the appropriate superior court.  If   (b)     If  the proponents of a petition are permitted to examine the petition and memoranda, the examination shall commence not later than 21 days after  the date of  certification of insufficiency.  (a)   (   c)  As used in this  section, "petition" shall mean   section:   (1)     "Petition" means  any petition to which a registered voter has affixed his or her signature.  (b) As used in this section "proponents of the petition"   (2)     "Proponents of the petition"  means the following:  (1)   (A)  For statewide initiative and referendum measures, the person or persons who submit a draft of a petition proposing the measure to the Attorney General with a request that he or she prepare a title and summary of the chief purpose and points of the proposed measure.  (2)   (B)  For other initiative and referenda on measures, the person or persons who publish a notice of intention to circulate petitions, or, where publication is not required, who file petitions with the elections official.  (3)   (C)  For recall measures, the person or persons defined in Section 343 of the Elections Code.  (4)   (D)  For petitions circulated pursuant to Section 5091 of the Education Code, the person or persons having charge of the petition who submit the petition to the county superintendent of schools.  (5)   (E)  For petitions circulated pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21  of Division 3 of Title 2  of the Education Code, the person or persons designated as chief petitioners under Section 35701 of the Education Code.  (6)   (   F)  For petitions circulated pursuant to Part 46 (commencing with Section 74000)  of Division 7 of Title 3  of the Education Code, the person or persons designated as chief petitioners under Sections 74102, 74133, and 74152 of the Education Code.  (d) This section does not apply to petitions for statewide initiative measures that the Attorney General has determined, in accordance with subdivision (b) of Section 9004 of the Elections Code, would likely result in a violation of an individual's constitutional rights.   SEC. 2.   Section 9004 of the   Elections Code   is amended to read:  9004. (a) Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, the Attorney General shall prepare a circulating title and summary of the chief purposes and points of the proposed measure. The circulating title and summary shall not exceed 100 words. The Attorney General shall also provide a unique numeric identifier for each proposed initiative measure. The circulating title and summary shall be prepared in the manner provided for the preparation of ballot titles and summaries in Article 5 (commencing with Section 9050), the provisions of which, in regard to the preparation, filing, and settlement of ballot titles and summaries, are applicable to the circulating title and summary.  (b) If, during his or her preparation of the circulating title and summary for a proposed initiative measure, the Attorney General determines that the measure would likely result in a violation of an individual's constitutional rights, he or she shall include the following statement in the circulating title and summary:   (b)   "The Attorney General has determined that this initiative measure, if approved by the voters, would likely result in a violation of an individual's rights under the United States Constitution or the California Constitution."   (c)  The Attorney General shall provide a copy of the circulating title and summary and its unique numeric identifier to the proponents and to the Secretary of State within 15 days after receipt of the fiscal estimate or opinion prepared by the Department of Finance and the Legislative Analyst pursuant to Section 9005. The date the copy is delivered or mailed to the proponents is the "official summary date."  (c)   (d)  Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, notify the proponents and county elections official of each county of the official summary date and provide a copy of the circulating title and summary to each county elections official. This notification shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State.  SEC. 3.   Section 9008.5 is added to the   Elections Code   , to read:   9008.5. A proposed initiative measure that the Attorney General has determined, in accordance with subdivision (b) of Section 9004, would likely result in a violation of an individual's constitutional rights shall, prior to circulation, have placed across the top of the petition in 16-point or larger roman boldface type, all of the following: (a) The Attorney General's unique numeric identifier placed before the circulating title and summary upon each page where the circulating title and summary is to appear. (b) The circulating title and summary prepared by the Attorney General upon each page of the petition on which signatures are to appear. (c) The circulating title and summary prepared by the Attorney General upon each section of the petition preceding the text of the measure. (d) The circulating title and summary prepared by the Attorney General as required by subdivision (c) shall be preceded by the following statement: "Initiative measure to be submitted directly to the voters. This petition, including information provided by signatories to the petition, is subject to the California Public Records Act."   SEC. 4.   Section 18650 of the   Elections Code   is repealed.   18650. No one shall knowingly or willfully permit the list of signatures on an initiative, referendum, or recall petition to be used for any purpose other than qualification of the initiative or referendum measure or recall question for the ballot, except as provided in Section 6253.5 of the Government Code. Violation of this section is a misdemeanor.   SEC. 5.   The Legislature finds and declares that Section 1 of this act, which amends Section 6253.5 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:   Access to information concerning proposed measures to be submitted directly to the voters related to the people's business is a fundamental and necessary right of every person in this state, and serves to preserve the integrity of the electoral process by combating fraud and fostering government transparency and accountability.   SEC. 6.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.   SECTION 1.   The heading of Article 10 (commencing with Section 270) of Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code is amended to read: Article 10. Gender Equity in Education