BILL NUMBER: AB 1492 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Low
FEBRUARY 27, 2015
An act to amend Section 777.1 of the Insurance Code,
relating to insurance. An act to amend Sections 5100,
5151, 18201, 18202, 18203, 18204, 18600, 18601, 18603, 18604, 18610,
1 8611, 18612, 18613, 18614, 18620, 18621, 18622, 18630,
18631, 18640, 18650, 18660, and 18661 of, and to add Section 338.5
to, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1492, as amended, Low. Insurance: inducements to
purchase property or services. Elections:
in-lieu-filing-fee and political party qualification petitions: penal
provisions.
Existing law authorizes a political party to qualify to
participate in a primary election if specified requirements are met,
including the filing with the Secretary of State of a petition signed
by voters declaring that the voters represent a proposed party
desiring to participate in that primary election.
This bill would define the term "political party qualification
petition" for these purposes to mean a petition circulated to qualify
a political party in accordance with existing procedures.
Existing law provides that a person committing specified acts
relating to the circulation, subscription, or signature of an
initiative, referendum, or recall petition is guilty of a misdemeanor
or felony subject to a fine or imprisonment or both that fine and
imprisonment.
This bill would additionally provide that a person committing
these specified acts in relation to the circulation, subscription, or
signature of a political party qualification petition would be
subject to the above penal provisions. By creating additional crimes,
this bill would impose a state-mandated local program.
Existing law authorizes a candidate to submit a petition
containing signatures of registered voters in lieu of a filing fee,
as specified. Existing law also provides that a person who commits
specified fraudulent or deliberate acts relating to the filing of a
nomination paper or declaration of candidacy is guilty of a
misdemeanor subject to a fine or imprisonment or both that fine and
imprisonment.
This bill would additionally provide that a person committing
these specified acts in relation to the submission of an
in-lieu-filing-fee petition would be subject to the penal provisions
specified above. By creating additional crimes, this bill 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.
Existing law prohibits an insurer from participating in a plan to
offer or effect insurance or annuities as an inducement to the
purchase or rental by the public of specified property or services
without a separate charge for that insurance. Existing law also
prohibits an agent, broker, or solicitor from arranging the sale of
that insurance. Existing law authorizes the Insurance Commissioner to
revoke the license, certificate, or other authority to do business
or engage in his or her occupation, as applicable, of an insurer,
agent, broker, or solicitor who willfully violates those
prohibitions. Existing law specifies exceptions to those prohibitions
for certain categories of insurance.
This bill would add to the existing exceptions described above
private passenger automobile insurance issued in connection with the
sale or lease of a new vehicle and paid for by the vehicle
manufacturer, provided that prior to finalizing the purchase the
purchaser is advised of the cost of that insurance included in
connection with the sale or lease.
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 338.5 is added to the
Elections Code , to read:
338.5. "Political party qualification petition" means a petition
circulated to qualify a political party in accordance with Division 5
(commencing with Section 5000).
SEC. 2. Section 5100 of the Elections
Code is amended to read:
5100. A party is qualified to participate in a primary election
under any of the following conditions:
(a) (1) At the last preceding gubernatorial primary election, the
sum of the votes cast for all of the candidates for an office voted
on throughout the state who disclosed a preference for that party on
the ballot was at least 2 percent of the entire vote of the state for
that office.
(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party preference
on the ballot counted toward the 2-percent qualification threshold.
If the party wishes to have votes for any candidate not counted in
support of its qualification under paragraph (1), the party shall
notify the secretary in writing of that candidate's name by the
seventh day prior to the gubernatorial primary election.
(b) On or before the 135th day before a primary election, it
appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their declared political
preference transmitted to him or her by the county elections
officials, that voters equal in number to at least 0.33 percent of
the total number of voters registered on the 154th day before the
primary election have declared their preference for that party.
(c) On or before the 135th day before a primary election, there is
filed with the Secretary of State a political party
qualification petition signed by voters, equal in number to at
least 10 percent of the entire vote of the state at the last
preceding gubernatorial election, declaring that they
represent the voters sig ning the petition
support qualification of a proposed party, the name of which
shall be stated in the petition, which proposed party those voters
desire to have participate in that primary election. This petition
shall be circulated, signed, signed and
verified, and the signatures of the voters on it shall be certified
to and transmitted to the Secretary of State by the county elections
officials substantially as provided for initiative petitions. Each
page of the petition shall bear a caption in 18-point boldface type,
which caption shall be the name of the proposed party followed by the
words "Petition to participate in the primary election."
SEC. 3. Section 5151 of the Elections
Code is amended to read:
5151. A party is qualified to participate in a presidential
general election under any of the following conditions:
(a) The party qualified to participate and participated in the
presidential primary election preceding the presidential general
election pursuant to Section 5100.
(b) (1) At the last preceding gubernatorial primary election, the
sum of the votes cast for all of the candidates for an office voted
on throughout the state who disclosed a preference for that party on
the ballot was at least 2 percent of the entire vote of the state for
that office.
(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party preference
on the ballot counted toward the 2-percent qualification threshold.
If the party wishes to have votes for any candidate not counted in
support of its qualification under paragraph (1), the party shall
notify the secretary in writing of that candidate's name by the
seventh day prior to the gubernatorial primary election.
(c) If on or before the 102nd day before a presidential general
election, it appears to the Secretary of State, as a result of
examining and totaling the statement of voters and their declared
political preference transmitted to him or her by the county
elections officials, that voters equal in number to at least 0.33
percent of the total number of voters registered on the 123rd day
before the presidential general election have declared their
preference for that party.
(d) On or before the 135th day before a presidential general
election, there is filed with the Secretary of State a political
party qualification petition signed by voters, equal in number
to at least 10 percent of the entire vote of the state at the last
preceding gubernatorial election, declaring that they
represent the voters signing the petitio n
support qualification of a proposed party, the name of which
shall be stated in the petition, which proposed party those voters
desire to have participate in that presidential general election.
This petition shall be circulated, signed, and verified, and the
signatures of the voters on it shall be certified to and transmitted
to the Secretary of State by the county elections officials
substantially as provided for initiative petitions. Each page of the
petition shall bear a caption in 18-point boldface type, which
caption shall be the name of the proposed party followed by the words
"Petition to participate in the presidential general election."
SEC. 4. Section 18201 of the Elections
Code is amended to read:
18201. Any person who falsely makes or fraudulently defaces or
destroys all or any part of a nomination paper,
paper or an in-lieu-filing-fee petition, is punishable by
a fine not exceeding one thousand dollars ($1,000) or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for 16
months or two or three years or by both that fine and imprisonment.
SEC. 5. Section 18202 of the Elections
Code is amended to read:
18202. Every person acting on behalf of a candidate is guilty of
a misdemeanor who deliberately fails to file at the proper time and
in the proper place any nomination paper
paper, in-lieu-filing-fee petition, or declaration of candidacy
in his or her possession that is entitled to be filed under this
code.
SEC. 6. Section 18203 of the Elections
Code is amended to read:
18203. Any person who files or submits for filing a nomination
paper paper, in-lieu-filing-fee petition,
or declaration of candidacy knowing that it or any part of it
has been made falsely is punishable by a fine not exceeding one
thousand dollars ($1,000) or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years or by both that fine and imprisonment.
SEC. 7. Section 18204 of the Elections
Code is amended to read:
18204. Any person who willfully suppresses all or any part of a
nomination paper paper, in-lieu-filing-fee
petition, or declaration of candidacy either before or after
filing is punishable by a fine not exceeding one thousand dollars
($1,000) or by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for 16 months or two or three years or by both
that fine and imprisonment.
SEC. 8. Section 18600 of the Elections
Code is amended to read:
18600. Every person is guilty of a misdemeanor who:
(a) Circulating, as principal or agent, or having charge or
control of the circulation of, or obtaining signatures to, any state
or local initiative, referendum referendum,
recall, or recall political party
qualification petition, intentionally misrepresents or
intentionally makes any false statement concerning the contents,
purport or effect of the petition to any person who signs, or who
desires to sign, or who is requested to sign, or who makes inquiries
with reference to it, or to whom it is presented for his or her
signature.
(b) Willfully and knowingly circulates, publishes, or exhibits any
false statement or misrepresentation concerning the contents,
purport or effect of any state or local initiative, referendum,
recall, or recall political party
qualification petition for the purpose of obtaining any
signature to, or persuading or influencing any person to sign, that
petition.
(c) Circulating, as principal or agent, or having charge or
control of the circulation of, or obtaining signatures to, any state
or local initiative, or political party qualification petition
intentionally makes any false statement in response to any
inquiry by any voter as to whether he or she is a paid signature
gatherer or a volunteer.
SEC. 9. Section 18601 of the Elections
Code is amended to read:
18601. Any person working for the proponent or proponents of an
initiative or referendum measure measure,
recall petition, or recall political
party qualification petition who refuses to allow a prospective
signer to read the measure or petition is guilty of a misdemeanor.
An arrest or conviction pursuant to this section shall not
invalidate or otherwise affect the validity of any signature obtained
by the person arrested or convicted.
SEC. 10. Section 18603 of the Elections
Code is amended to read:
18603. Every person who offers or gives money or other valuable
consideration to another in exchange for his or her signature on a
state, county, municipal, or district initiative, referendum,
recall, or recall political party
qualification petition is guilty of a misdemeanor.
SEC. 11. Section 18604 of the Elections
Code is amended to read:
18604. Upon conviction of a violation of any provision of this
article, Article 2 (commencing with Section 18610), Article 3
(commencing with Section 18620), Article 5 (commencing with Section
18640), Article 6 (commencing with Section 18650), or Article 7
(commencing with Section 18660), the court may order as a condition
of probation that the convicted person be prohibited from receiving
money or other valuable consideration for gathering signatures on an
initiative, referendum, recall, or recall
political party qualification petition.
SEC. 12. Section 18610 of the Elections
Code is amended to read:
18610. Every person who solicits any circulator to affix to any
initiative, referendum, recall, or recall
political party qualification petition any false
or forged signature, or to cause or permit a false or forged
signature to be affixed, is guilty of a misdemeanor.
SEC. 13. Section 18611 of the Elections
Code is amended to read:
18611. Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment, who circulates or causes to be circulated any
initiative, referendum, recall, or recall
political party qualification petition, knowing
it to contain false, forged, or fictitious names.
SEC. 14. Section 18612 of the Elections
Code is amended to read:
18612. Every person is guilty of a misdemeanor who knowingly
signs his or her own name more than once to any initiative,
referendum, recall, or recall
political party qualification petition, or signs his or her
name to that petition knowing himself or herself at the time of
signing not to be qualified to sign it.
SEC. 15. Section 18613 of the Elections
Code is amended to read:
18613. Every person who subscribes to any initiative, referendum,
recall, or recall political party
qualification petition a fictitious name, or who subscribes
thereto the name of another, or who causes another to subscribe such
a name to that petition, is guilty of a felony and is punishable by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for two, three, or four years.
SEC. 16. Section 18614 of the Elections
Code is amended to read:
18614. Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment, who files in the office of the elections
official or other officer designated by law to receive the filing,
any initiative, referendum, recall, or recall
political party qualification petition to which
is attached, appended appended, or
subscribed any signature which the person filing the petition or
measure knows to be false or fraudulent or not the genuine
signature of the person whose name it purports to be.
SEC. 17. Section 18620 of the Elections
Code is amended to read:
18620. Every person who seeks, solicits, bargains for, or obtains
any money, thing of value, or advantage of or from any person, firm,
or corporation for the purpose or represented purpose of
fraudulently inducing, persuading, or seeking the proponent or
proponents of any initiative or referendum measure
measure, recall petition, or recall
political party qualification petition to (a) abandon the
measure or petition, (b) fail, neglect, or refuse to file in the
office of the elections official or other officer designated by law,
within the time required by law, the initiative or referendum
measure measure, recall petition, or
recall political party qualification
petition after securing the number of signatures required to qualify
the measure or petition, (c) stop the circulation of the initiative
or referendum measure or measure, recall
petition, or political party qualification petition, or
(d) perform any act that will prevent or aid in preventing the
initiative or referendum measure measure,
recall petition, or recall political
party qualification petition from qualifying as an initiative
or referendum measure, or the recall petition from resulting in a
recall election, or political party qualification petition from
qualifying a party is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment.
SEC. 18. Section 18621 of the Elections
Code is amended to read:
18621. Any proponent of an initiative or referendum
measure or recall measure, recall petition, or
political party qualification petition who seeks, solicits,
bargains for, or obtains any money or thing of value of or from any
person, firm, or corporation for the purpose of abandoning the same
or stopping the circulation of petitions concerning the same, or
failing or neglecting or refusing to file the measure or petition in
the office of the elections official or other officer designated by
law within the time required by law after obtaining the number of
signatures required under the law to qualify the measure or petition,
or withdrawing an initiative petition after filing it with
the appropriate elections official, or performing any act
that will prevent or aid in preventing the initiative, referendum,
or recall , or political party proposed
from qualifying as an initiative or referendum measure, or
resulting in a recall election , or qualifying as a
political party by a political party qualification petition is
punishable by a fine not exceeding five thousand dollars ($5,000) or
by imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years, or in a county jail
not exceeding one year, or by both that fine and imprisonment.
SEC. 19. Section 18622 of the Elections
Code is amended to read:
18622. Every person who offers to buy or does buy from a
circulator any referendum, initiative, recall, or
recall political party qualification petition
on which one or more persons have affixed their signatures is guilty
of a misdemeanor punishable by imprisonment in the county jail for
not more than one year, or by a fine not exceeding one thousand
dollars ($1,000), or both. This section is not intended to prohibit
compensation of a circulator, for his or her services, by a proponent
of the petition or his or her agent.
SEC. 20. Section 18630 of the Elections
Code is amended to read:
18630. Every person who threatens to commit an assault or battery
on a person circulating a referendum, initiative, recall,
or recall political party qualification
petition or on a relative of a person circulating a referendum,
initiative, recall, or recall
political party qualification petition or to inflict damage on
the property of the circulator or the relative, with the intent to
dissuade the circulator from circulating the petition or in
retribution for the circulation, is guilty of a misdemeanor.
SEC. 21. Section 18631 of the Elections
Code is amended to read:
18631. Every person who forcibly or by stealth takes from the
possession of a circulator any initiative, referendum, recall,
or recall political party qualification
petition on which one or more persons have affixed their
signatures is guilty of a misdemeanor.
SEC. 22. Section 18640 of the Elections
Code is amended to read:
18640. Any person working for the proponent or proponents of an
initiative or referendum measure measure,
or a recall petition or
political party qualification petition, who solicits signatures
to qualify the measure or petition and accepts any payment therefor
and who fails to surrender the measure or petition to the proponents
thereof for filing is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment.
SEC. 23. Section 18650 of the Elections
Code is amended to read:
18650. No one shall knowingly or willfully permit the list of
signatures on an initiative, referendum, recall, or
recall political party qualification
petition to be used for any purpose other than qualification of the
initiative or referendum measure or recall question for the
ballot, ballot or political party, except as
provided in Section 6253.5 of the Government Code. Violation of this
section is a misdemeanor.
SEC. 24. Section 18660 of the Elections
Code is amended to read:
18660. Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment, who makes any false affidavit concerning any
initiative, referendum, recall, or recall
political party qualification petition or the
signatures appended thereto.
SEC. 25. Section 18661 of the Elections
Code is amended to read:
18661. Every public official or employee is punishable by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for 16
months or two or three years, or in a county jail not exceeding one
year, or by both that fine and imprisonment, who knowingly makes any
false return, certification or affidavit concerning any initiative,
referendum, recall, or recall
political party qualification petition or the signatures
appended thereto.
SEC. 26. 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.
SECTION 1. Section 777.1 of the Insurance Code
is amended to read:
777.1. No insurer shall participate in a plan to offer or effect
insurance or annuities in this state as an inducement to the purchase
or rental by the public of property, real or personal or mixed, or
services, without a separate charge to the insured for that
insurance, nor shall a agent, broker, or solicitor arrange the sale
of that insurance. This article does not apply to insurance written
in connection with subscriptions to newspapers of general
circulation; nor does it apply to insurance issued to credit unions
or to members of credit unions in connection with the purchase of
shares in the credit union; nor does it apply to insurance offered as
a guarantee of the performance of goods, that is designed to protect
the purchasers or users of such goods; nor does it apply to private
passenger automobile insurance issued in connection with the sale or
lease of a new vehicle and paid for by the vehicle manufacturer,
provided the purchaser is advised prior to finalizing the purchase of
the vehicle of the annual cost of the insurance included in
connection with the sale or lease; nor does it apply to any title
insurance or life or disability insurance written in connection with
an indebtedness that is intended to pay the balance of the
indebtedness in the event of the death or disability of the person
insured; nor does it apply to any of the provisions of Part 5
(commencing at Section 12140), Division 2 of this code; nor does it
apply to insurance provided incidentally to the sale of services if
the cost of the insurance to the seller of the services does not
exceed the sum of one dollar ($1) per annum for each purchaser of
those services.