BILL NUMBER: AB 547	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 16, 2011

    An act to amend Section 18070.2 of the Health and Safety
Code, relating to manufactured housing.   An act to add
Section 18573.5 to the Elections Code, relating to voting. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 547, as amended, Gatto.  Manufactured Home Recovery
Fund: fee modification.   Voting.  
   Existing law permits a voter who is unable to mark a ballot to
receive the assistance of not more than 2 persons, selected by the
voter, at a polling place. In addition, existing law prohibits
electioneering, as defined, at a polling place, and further imposes
criminal penalties on specified activities that interfere with
another person's right to vote, including defrauding a voter who
cannot read the ballot by deceiving and causing him or her to vote
for a candidate that he or she did not intend to vote for.  

   This bill would provide that a person is guilty of a misdemeanor
if he or she engages in electioneering at a polling place while
serving as an interpreter or otherwise assisting a voter to vote, or
if he or she, while providing care or direct supervision to an
individual 65 years of age or older, coerces or deceives the
individual into voting for or against a candidate or measure contrary
to the individual's intent or in the absence of any intent of the
individual regarding that vote.  
   This bill would impose a state-mandated local program by creating
additional crimes.  
   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 establishes the Manufactured Home Recovery Fund,
which is continuously appropriated to make payments and distributions
for actual and direct losses, as defined, arising out of specified
transactions regarding the purchase or sale of a manufactured home,
if certain conditions are met. Existing law prescribes a fee
collected by the Department of Housing and Community Development for
each reported sale of a manufactured home, to be deposited in the
fund. Whenever the balance in the fund exceeds $1,000,000 the
department is authorized to reduce or increase the fee, respectively.
 
   This bill would instead provide that the department may reduce the
fee when the balance exceeds $2,000,000. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
 yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 18573.5 is added to the 
 Elections Code   , to read:  
   18573.5.  Every person is guilty of a misdemeanor who does either
of the following:
   (a) Engages in electioneering at a polling place while serving as
an interpreter or otherwise assisting a voter pursuant to Section
14282.
   (b) While providing care or direct supervision to an individual
who is 65 years of age or older, coerces or deceives the individual
into voting for or against a candidate or measure contrary to the
individual's intent or in the absence of any intent of the individual
regarding that vote. 
   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.  
  SECTION 1.    Section 18070.2 of the Health and
Safety Code is amended to read:
   18070.2.  (a) Fees for the establishment and operation of the
Manufactured Home Recovery Fund shall be collected on or after
January 1, 1985. Claims against the fund arising from sales which
occur after January 1, 1985, may not be submitted to the department
before January 1, 1986. For purposes of this section, the date of
sale shall be either of the following:
   (1) The date escrow closes for sales by dealers that are subject
to Section 18035 or 18035.2.
   (2) For all other sales, including sales by dealers in which
escrow does not close, the date when the purchaser has paid the
purchase price or, in lieu thereof, has signed a security agreement,
option to purchase, or purchase contract and has taken physical
possession or delivery of the manufactured home.
   (b) Notwithstanding any other provision of law, whenever the
balance in the Manufactured Home Recovery Fund exceeds two million
dollars ($2,000,000) on January 1 of any year, the department may
reduce the fee provided for in subdivision (c) of Section 18070.1.
The department may again increase the fee up to a maximum of ten
dollars ($10) whenever the balance in the fund falls below one
million dollars ($1,000,000).