BILL NUMBER: AB 651	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 11, 2011
	AMENDED IN SENATE  JUNE 1, 2011
	AMENDED IN ASSEMBLY  APRIL 5, 2011
	AMENDED IN ASSEMBLY  MARCH 22, 2011

INTRODUCED BY   Assembly Member Hueso
   (Coauthors: Assembly Members Block and Solorio)
   (Coauthor: Senator Vargas)

                        FEBRUARY 16, 2011

   An act to add Section 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 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. Failure to register would be punishable by a fine, as
specified. 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. Failure to submit
the required training or verification materials would be punishable
by a fine, as specified.
   This bill would also  , in regard to state and local ballot
measures,  prohibit  a person convicted of specified crimes
from operating a petition firm or gathering signatures for 10 years,
and prohibit  contracts for circulating petitions and gathering
signatures  for those measures  that make payment
contingent upon the measure qualifying for the ballot.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  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. The Secretary of State may seek a civil penalty not
exceeding ten thousand dollars ($10,000) from a firm that fails to
register with the Secretary of State.
   (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.
The Secretary of State may seek a civil penalty not exceeding five
thousand dollars ($5,000) from a firm that fails to submit training
materials to the Secretary of State. A statement, signed by a paid
petition circulator and the individual who conducted the review,
verifying 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. The Secretary of State may
seek a civil penalty not exceeding five thousand dollars ($5,000)
from a firm that fails to submit a statement of verification to the
Secretary of State.
   (e) A person who  , within the previous 10 years,  has
been convicted of perjury pursuant to Section 104 or 9022 or a crime
specified in Chapter 7 (commencing with Section 18600) of Division 18
shall not be permitted to operate a professional petition firm or
gather signatures for a petition being circulated to qualify an
initiative for a state or local ballot.
   (f) A contract for circulating a petition or collecting signatures
for a proposed state or local initiative, referendum, or recall
measure that is to be submitted to the voters is void if it makes
payment to any person under the contract contingent upon the measure
being qualified for the ballot. This section applies only to a
contract entered into after the effective date of this section.
   (g) Nothing in this section shall abridge or restrict the
provisions of Section 9021.