BILL ANALYSIS                                                                                                                                                                                                    Ķ



                                                                  AB 651
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          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
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            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 








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          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


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