BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Kevin Murray, Chairman

                                           2946 (Leno)
          
          Hearing Date:  8/17/06          Amended: 8/7/06
          Consultant:  Maureen Ortiz      Policy Vote: E.R. & C.A. 3-1
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   AB 2946 makes several changes to the  
          signature-gathering process for initiatives, referenda, and  
          recalls.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2006-07      2007-08       2008-09     Fund
                                                                  
          Enforcement                              ----------potentially  
          up to $200------------           General
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  SUSPENSE FILE.  Exact costs to the Attorney  
          General's office will be dependent on the amount of time spent  
          on investigative work, discovery actions, interviews, trial  
          work, and the appeals process.
          
          Specifically, AB 2946 does the following:

             1)   Makes it a misdemeanor for a person to pay or receive  
               money or anything of value based on the number of  
               signatures obtained on a state or local initiative,  
               referendum, or recall petition, or based on the number of  
               voter registration cards or absentee ballot applications  
               obtained or completed.
             2)   Provides that any signatures collected in violation of  
               any provision of state law will be considered invalid,
             3)   Provides that the doctrine of substantial compliance may  
               not be used to excuse a violation of these provisions,
             4)   Authorizes a proponent of an initiative, referendum, or  
               recall petition to submit the petition to the Attorney  
               General for approval, and requires the AG to notify the  
               proponent within 10 days of whether or not the petition  
               complies with the requirements of the Elections Code.  If  
               the initiative does not comply, the AG must include the  










               reasons why in the written response,
             5)   Requires the ballot title. summary, and label, prepared  
               by the AG to be stated in complete sentences and written in  
               a manner so that the average voter will easily understand  
               the purpose of the measure,
             6)   Provides that a proponent shall not be liable for  
               violations by signature gatherers if the proponent notifies  
               the Secretary of State of the violation within one day  
               after obtaining knowledge of it, as specified.

          Existing law makes it a misdemeanor for a person circulating an  
          initiative, referendum, or initiative petition, to intentionally  
          misrepresent the contents or effect of the petition to obtain a  
          signature, or to make any false statements regarding whether the  
          circulator is a paid signature gatherer or a volunteer.