BILL NUMBER: AB 651	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 22, 2011

INTRODUCED BY   Assembly Member Hueso
    (   Coauthor:   Assembly Member  
Solorio   ) 
   (   Coauthor:   Senator   Vargas
  ) 

                        FEBRUARY 16, 2011

   An act to add Sections 101.5 and 9023 to the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 651, as amended, Hueso. Initiatives: paid circulators.
   Existing law regulates the process of proposing initiative
measures to the people and sets forth qualifications for persons who
circulate initiative petitions in the state.
   This bill would require an individual who receives compensation to
circulate an initiative, referendum, or recall petition to wear a
clearly visible badge on his or her chest stating, in no smaller than
30-point type, the name of his or her employer  and would make a
violation of this requirement an infraction punishable by a fine of
not more than $500  .
   This bill would also require a firm that engages in the business
of paying individuals to circulate petitions and gather signatures
for state or local ballot initiatives to register with the Secretary
of State and pay a registration fee to be established by the
Secretary of State. The bill would require the Secretary of State to
use the fees collected to maintain a directory of these firms on its
Internet Web site, as well as to defray costs associated with other
requirements of the bill, as specified.
   This bill also would require a member of the firm to review the
law relating to obtaining petition signatures with each paid petition
circulator before the paid petition circulator obtains any
signatures for the firm, and to submit to the Secretary of State a
statement signed by each petition circulator and the member who
conducted the review that the petition circulator has received the
review, as well as a copy of the training materials provided to the
petition circulator in connection with the review. 
   Because this bill would create a new infraction, it would impose a
state-mandated local program.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 101.5 is added to the Elections Code, to read:
   101.5.   (a)    An individual who receives
compensation to circulate an initiative, referendum, or recall
petition shall identify himself or herself as a paid signature
gatherer by wearing a clearly visible badge on his or her chest
stating "EMPLOYED BY" followed by the name of the employer. The
lettering on the badge shall be in at least 30-point type. 
   (b) A violation of this section is an infraction punishable by a
fine of not more than five hundred dollars ($500). 
  SEC. 2.  Section 9023 is added to the Elections Code, to read:
   9023.  (a) For purposes of this section, a "professional petition
firm" means an entity that pays individuals to circulate petitions
and gather signatures for the purpose of qualifying an initiative for
a state or local election ballot.
   (b) A professional petition firm shall register annually with the
Secretary of State to engage in the business of paying individuals to
circulate petitions and collect signatures in order to qualify an
initiative for a state or local election ballot. Registration
information shall include the full name, address, and partners,
owners, or officers of the firm. The registering firm shall pay a
registration fee to be established by the Secretary of State in an
amount no greater than each payor's proportionate share of the costs
to the Secretary of State for the Secretary of State's implementation
of this section.
   (c) The Secretary of State shall use the registration fees
specified in subdivision (b) to maintain on its Internet Web site a
directory of professional petition firms and to defray any other
costs associated with its requirements as described in this section.
   (d)  A member of a professional petition firm shall review the law
relating to obtaining petition signatures, including prohibitions,
with each paid petition circulator, individually or in a group,
before the paid petition circulator obtains any signatures for the
firm. A copy of the training materials provided to the paid
circulators shall be submitted by the firm to the Secretary of State.
A statement, signed by a paid petition circulator and the individual
who conducted the review, that the paid petition circulator has
received the review required by this subdivision of the relevant law
relating to obtaining petition signatures, shall be submitted by the
professional petition firm to the Secretary of State.
   (e) Nothing in this section shall abridge or restrict the
provisions of Section 9021.
   SEC. 3.    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 will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.