Bill Text: CA AB400 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Petitions: initiative, referendum, or recall.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2014-09-27 - Vetoed by Governor. [AB400 Detail]

Download: California-2013-AB400-Introduced.html

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BILL NUMBER: AB 400	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 15, 2013

   An act to add Sections 336.7 and 9011.5 to the Elections Code,
relating to petitions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 400, as introduced, Fong. Petitions: initiative, referendum, or
recall.
   (1) Existing law requires that an initiative petition contain
specified language advising the public of its right to determine
whether the person circulating the petition is a paid signature
gatherer or a volunteer.
   This bill would require a state or local initiative, referendum,
or recall petition circulated by a paid circulator, as defined, who
is paid by a committee to include a disclosure statement identifying
the persons from whom the committee received the 5 largest cumulative
contributions in support of the measure and the name of their
employer, if 2 or more of these contributors have the same employer.
The bill would require this disclosure statement to be updated within
7 days of any change in the 5 largest cumulative contributors. The
bill would require a committee that employs one or more paid
circulators for the purpose of circulating an initiative, referendum,
or recall petition to submit the disclosure statement, and any
updates to it, to the Secretary of State for posting on his or her
Internet Web site.
   By imposing additional requirements on local elections officials
with respect to petitions, the bill would impose a state-mandated
local program.
   (2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 336.7 is added to the Elections Code, to read:
   336.7.  "Paid circulator," for the purpose of circulating an
initiative, referendum, or recall petition, means a person who is
compensated in any manner for collecting petition signatures to
qualify a state or local initiative, referendum, or recall measure.
  SEC. 2.  Section 9011.5 is added to the Elections Code, to read:
   9011.5.  (a) (1) Notwithstanding any other provision of law, a
state or local initiative, referendum, or recall petition required to
be signed by voters and circulated by a paid circulator who is paid
by a committee formed pursuant to Section 82013 of the Government
Code shall include, in 12-point type at the top of the petition, a
disclosure statement identifying the names of the persons from whom
the committee received the five largest cumulative contributions.
   (2) If more than five persons meet the disclosure threshold
described in paragraph (1) and have made identical cumulative
contributions, the five persons making the largest cumulative
contributions shall be disclosed according to chronological sequence
of receipt of the cumulative contributions.
   (3) The disclosure statement required by paragraph (1) shall be
updated within seven days of any change in the five largest
cumulative contributors.
   (4) A committee that employs one or more paid circulators to
circulate an initiative, referendum, or recall petition shall submit
the disclosure statement required by paragraph (1), and any updates
to that statement as required by paragraph (3), to the Secretary of
State, who shall post that statement on his or her Internet Web site.

   (b) A committee that employs one or more paid circulators to
circulate an initiative, referendum, or recall petition shall print
on the petition, immediately following the disclosure statement
required pursuant to subdivision (a), its name and shall identify
itself using a name or phrase that clearly describes the economic or
other special interest of each person who contributed fifty thousand
dollars ($50,000) or more. If two or more of these persons have the
same employer, the committee shall also include the employer's
identity in the disclosure statement.
   (c) As used in this section, "cumulative contributions" means the
cumulative amount of contributions received by a committee beginning
12 months prior to the date the committee made its first expenditure
to qualify or support the measure.
   (d) This section shall not be construed to require a local
elections official to verify the accuracy of the information required
by subdivision (a) or (b) or to reapprove the petition upon the
update required by paragraph (3) of subdivision (a).
   (e) Signatures collected on an initiative, referendum, or recall
petition shall not be invalid solely because the information required
by subdivision (a) or (b) was absent or inaccurate.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.