BILL NUMBER: AB 2058 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 2012
AMENDED IN ASSEMBLY APRIL 18, 2012
INTRODUCED BY Assembly Member Pan
( Principal coauthor: Senator
Correa )
FEBRUARY 23, 2012
An act to add Section 22928.5 to the Business and
Professions amend Sections 2159.5 and 18108.5 of, and
to add Section 18109.5 to, the Elections Code, relating to
transportation. elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2058, as amended, Pan. Intermodal marine terminals.
Voter registration: paid registration activities.
Existing law authorizes any person, company, or other organization
that complies with specified conditions to agree to pay money or
other valuable consideration, on a per-affidavit basis or otherwise,
to any person who assists another person to register to vote by
receiving the completed affidavit of registration.
This bill would prohibit any person, company, or other
organization from agreeing to pay money or other valuable
consideration on a per-affidavit basis to any person who assists
another person to register to vote by receiving the completed
affidavit of registration, would prohibit the receipt of this
per-affidavit consideration, and would make conforming changes. A
violation of these prohibitions would be a misdemeanor.
Existing law requires an elections official to notify the payor of
a person who assists others to register to vote if 3 or more
affidavits submitted by the person assisting do not comply with
specified provisions.
This bill would provide that this notification is required when 3
or more affidavits submitted by the person assisting each reflects a
violation of one or more of those provisions.
By defining a new crime, 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 imposes certain limitations on charges that may be
imposed by intermodal marine terminals on intermodal motor carriers
relative to transactions involving cargo shipped by intermodal
transport.
This bill would require an intermodal marine terminal that imposes
certain financial responsibility requirements on an intermodal motor
carrier pursuant to the Uniform Intermodal Interchange and
Facilities Access Agreement or additional financial responsibility
requirements to post a notice to that effect at its gate and online,
as specified.
This bill would also prohibit an intermodal marine terminal from
restricting access by intermodal motor carriers to its terminal under
specified circumstances.
This bill would make legislative findings and declarations.
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 2159.5 of the
Elections Code is amended to read:
2159.5. Any person, company, or other organization that agrees to
pay money or other valuable consideration , whether on a
per-affidavit basis or otherwise, to any person who assists
another person to register to vote by receiving the completed
affidavit of registration, shall do all of the following:
(a) Maintain a list of the names, addresses, and telephone numbers
of all individuals that the person, company, or other organization
has agreed to compensate for assisting others to register to vote,
and shall provide to each person receiving that consideration a
written statement of that person's personal responsibilities and
liabilities under Sections 2138, 2139, 2150, 2158, 2159, 18100,
18101, 18103, 18106, 18108, 18108.1, and 18108.5. Receipt of the
written statement shall be acknowledged, in writing, by the person
receiving the consideration, and the acknowledgment shall be kept by
the person, company, or organization that agrees to compensate that
person. All records required by this subdivision shall be maintained
for a minimum of three years, and shall be made available to the
elections official, the Secretary of State, or an appropriate
prosecuting agency, upon demand. As an alternate to maintaining the
records required by this subdivision, the records may be filed with
the county elections official, who shall retain those records for a
minimum of three years. The county elections official may charge a
fee, not to exceed actual costs, for storing records pursuant to this
subdivision.
(b) Not render any payment or promised consideration unless the
information specified in Section 2159 has been affixed personally on
the affidavit in the handwriting of the person with whom the
agreement for payment was made.
(c) At the time of submission of affidavits to elections
officials, identify and separate those affidavits into groups that do
and that do not comply with the requirements of Sections 2150 and
2159. A signed acknowledgment shall be attached to each group of
affidavits identifying a group as in compliance with Sections 2150
and 2159, and a group as not in compliance with either Section 2150
or 2159, or both.
(d) Failure to comply with this section shall not cause the
invalidation of the registration of the voter unless the
registration of the voter is found to be invalid pursuant to any
other section of this division .
SEC. 2. Section 18108.5 of the
Elections Code is amended to read:
18108.5. (a) Any person, company, or other organization that
agrees to pay money or other valuable consideration ,
whether on a per-affidavit basis or otherwise, to any
person who assists another person to register to vote by receiving
the completed affidavit of registration who fails to comply with
Section 2159.5, is guilty of a misdemeanor, and shall be punished by
a fine not exceeding one thousand dollars ($1,000), or by
imprisonment in the county jail not exceeding six months or ,
when the failure to comply is found to be willful, not
exceeding one year, or by both that fine and
imprisonment .
(b) Any person, company, or other organization that agrees to pay
money or other valuable consideration , whether on a
per-affidavit basis or otherwise, to any person who assists
another person to register to vote by receiving the completed
affidavit of registration, upon a third or subsequent conviction, on
charges brought and separately tried, for failure to comply with
Section 2159.5 shall be punished by a fine not exceeding ten thousand
dollars ($10,000), or by imprisonment in the county jail not to
exceed one year, or by both that fine and
imprisonment .
(c) An elections official shall notify any person, company, or
other organization that agrees to pay money or other valuable
consideration , whether on a per-affidavit basis or
otherwise, to any person who assists another person to
register to vote by receiving the completed affidavit of
registration, that when three or more
affidavits of registration submitted by a person who assisted
another others to register to vote
do not comply with each reflects a violations
of one or more of Sections 18100, 18101, 18103, or
and 18106. The elections official may forward a
copy of each of the noncomplying affidavits of registration to the
district attorney, who may make a determination whether probable
cause exists to believe that a violation of this division or any
other law has occurred.
(d) This section shall not apply to any public agency or its
employees that is designated as a voter registration agency pursuant
to the National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg), when an elector asks for assistance to register to vote
during the course and scope of the agency's normal business.
SEC. 3. Section 18109.5 is added to the
Elections Code , to read:
18109.5. (a) Any person who offers to pay or pays money or other
valuable consideration to another person, either directly or
indirectly, on a per-affidavit basis to assist another person to
register to vote by receiving the completed affidavit of registration
is guilty of a misdemeanor.
(b) Any person who receives money or other valuable consideration,
either directly or indirectly, on a per-affidavit basis to assist
another person to register to vote by receiving the completed
affidavit of registration is guilty of a misdemeanor.
(c) Nothing in this section shall be construed to prohibit payment
for assisting another person to register to vote by receiving the
completed affidavit which is not, either directly or indirectly, on a
per-affidavit basis.
SEC. 4. 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. The Legislature finds and declares
that intermodal motor carriers are subject to additional risks, and
subject others to additional risks, when operating within an
intermodal marine terminal as a result of the movement of intermodal
marine equipment, the nature of intermodal marine terminal
operations, and the diversity of hazardous cargoes handled at an
intermodal marine terminal.
SEC. 2. Section 22928.5 is added to the
Business and Professions Code, to read:
22928.5. (a) If an intermodal marine terminal requires an
intermodal motor carrier to comply with the minimum financial
responsibility requirements of the Uniform Intermodal Interchange and
Facilities Access Agreement, or any other agreement that secures
equipment interchanges rights of both an intermodal marine equipment
provider and an intermodal motor carrier, in order to gain access to
the terminal, then the terminal shall post a notice at its gate and
online.
(b) If an intermodal marine terminal requires intermodal motor
carriers to comply with minimum financial responsibility requirements
in addition to those described in subdivision (a) in order to gain
access to the terminal, then the terminal shall post a notice of any
additional minimum financial responsibility requirements at its gate
and online.
(c) Nothing in this section shall be construed as requiring any
intermodal marine terminal to require any intermodal motor carrier to
provide additional minimum financial responsibility.
(d) An intermodal marine terminal operator shall not restrict
access of an intermodal motor carrier to an intermodal marine
terminal under either of the following circumstances:
(1) The intermodal motor carrier is using the dispute resolution
process contained in the Uniform Intermodal Interchange and
Facilities Access Agreement to contest a charge, fee, or fine,
including a charge for maintenance and repairs imposed by the
intermodal marine terminal, as long as the dispute resolution process
is ongoing.
(2) A specific vehicle or driver is unable to provide proof of
compliance with minimum levels of financial responsibility, provided
that the intermodal motor carrier is otherwise in compliance with
subdivision (a) and, to the extent applicable, subdivision (b).
(e) An intermodal marine terminal may choose to end any additional
minimum financial responsibility requirement at any time and for any
reason. In that case, the intermodal marine terminal operator shall
post a notice at its gate and online to that effect.
(f) For purposes of this section, "post a notice at its gate and
online" means that written notification is posted at the terminal
gate used by intermodal motor carriers and electronic notification is
posted on the terminal's Internet Web site and is accessible to the
public.