BILL ANALYSIS Ķ AB 651 Page 1 ASSEMBLY THIRD READING AB 651 (Hueso) As Amended April 5, 2011 Majority vote ELECTIONS 5-2 APPROPRIATIONS 12-3 ----------------------------------------------------------------- |Ayes:|Fong, Bonilla, Hall, |Ayes:|Fuentes, Blumenfield, | | |Mendoza, Swanson | |Bradford, Charles | | | | |Calderon, Campos, Davis, | | | | |Gatto, Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Logue, Valadao |Nays:|Harkey, Donnelly, Nielsen | | | | | | ----------------------------------------------------------------- SUMMARY : Requires professional petition firms, as defined, to register with the Secretary of State (SOS). Specifically, this bill : 1)Defines the term, "professional petition firm," as 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. 2)Requires a professional petition firm to register annually with the SOS in order to pay individuals to circulate petitions and collect signatures to qualify an initiative on a state or local election ballot. 3)Requires the registration of a professional petition firm to include the full name, address, and partners, owners, or officers of the firm, and to be accompanied by a registration fee established by the SOS. 4)Requires the SOS to use the fee revenue to maintain on its Internet Web site a directory of professional petition firms and to defray any other associated costs with the requirements of this bill. 5)Requires a member of a professional petition firm to review the law relating to obtaining petition signatures with each AB 651 Page 2 paid petition circulator before a paid petition circulator can obtain any signatures for the firm. 6)Requires a copy of the training materials provided to the prospective petition firm employees to be submitted by the firm to the SOS. Requires the firm to submit a statement to the SOS for each circulator, signed by the circulator and the individual conducting the review, that the circulator has received the review. EXISTING LAW : 1)Requires every state or local initiative petition to contain a statement notifying voters of their right to inquire whether the petition is being circulated by a paid signature gatherer or volunteer. 2)Establishes a process for proposing initiative measures submitted to voters in California and sets forth qualifications for persons who circulate initiative petitions. 3)Provides that a person who is a voter or who is qualified to register to vote in this state may circulate a state initiative or referendum petition anywhere within the state. FISCAL EFFECT : According to the Assembly Appropriations Committee, likely minor costs to the SOS to establish and maintain the registration system, at least partially offset by fees paid by registrants. The SOS indicates that there are currently less than 20 petition firms operating in the state. COMMENTS : According to the author, the initiative process has shifted from what was originally envisioned to be a grassroots effort to a system heavily influenced by special interests that spend large sums of money, using paid signature gatherers, to qualify a measure for the ballot. The author believes that this bill, by requiring state registration of petition gathering firms, posing this information on the SOS website, and requiring these firms to train their workers regarding relevant state law, will help ensure an open and transparent initiative process. In support of this bill, the SOS argues that it will ensure that professional petition firms appropriately educate their employees about how to comply with the law and will potentially AB 651 Page 3 decrease fraudulent or illegal practices in signature gathering. The Capitol Resource Family Impact, in opposition to this bill, argues that the requirement of firms to register with the SOS is an assault to California's direct initiative process. AB 6 (Saldaņa) of 2009, would have required professional petition firms to register with the SOS and pay a registration fee. AB 6 (Saldaņa) was vetoed by Governor Schwarzenegger, who wrote in his veto message, "The people of California often exercise their important role in government oversight through the initiative, referendum and recall process. I cannot support a measure that places an undue burden on reform-minded Californians." Analysis Prepared by : Maria Garcia / E. & R. / (916) 319-2094 FN: 0000268