BILL NUMBER: SB 34	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 26, 2009

INTRODUCED BY   Senator Corbett
    (   Coauthors:   Senators  
DeSaulnier   and Florez   ) 
    (   Coauthor:   Assembly Member  
Huffman   ) 

                        DECEMBER 9, 2008

   An act to add Section 102.5 to the Elections Code, relating to
petitions.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 34, as amended, Corbett. Petitions: compensation for
signatures.
   Under existing law, a person who is a voter or is qualified to
register to vote in this state may circulate an initiative or
referendum petition, and a person who is a voter may circulate a
recall petition.
   This bill would provide that it is a misdemeanor for a person to
pay or to receive money or any other thing of value based on the
number of signatures obtained on a state or local initiative,
referendum, or recall petition.  The bill would make any
signatures collected in violation of this provision invalid.
 By creating a new crime, the 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 102.5 is added to the Elections Code, to read:
   102.5.  (a) It shall be unlawful for a person to pay or to receive
money or any other thing of value based on the number of signatures
obtained on a state or local initiative, referendum, or recall
petition. 
   (b) Any signatures collected in violation of this section shall be
invalid and shall not count toward qualification of the initiative,
referendum, or recall.  
   (c) 
    (b)  Violation of this section shall be a misdemeanor.

   (d) 
    (c)  Nothing in this section prohibits the payment for
signature gathering not based, either directly or indirectly, on the
number of signatures obtained on a state or local initiative,
referendum, or recall petition.
  SEC. 2.  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.