SB 1394: Petitions: compensation for signatures.

Under existing law, a person who is 18 years of age or older may circulate an initiative, referendum, or recall petition. Existing law requires an initiative petition to contain specified language advising the public of its right to ask whether the person circulating the petition is a paid signature gatherer or a volunteer.

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, and it would prescribe civil and criminal penalties for this crime. By creating a new crime, the bill would impose a state-mandated local program.

Existing law, The False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state a false claim for money, property, or services, as specified, shall be liable to the state or political subdivision for certain damages and for a civil penalty, as specified. Existing law authorizes the Attorney General to bring a civil action for damages resulting from fraudulent claims against the state or a political subdivision, and it also authorizes an individual person to bring this type of claim and to share in the recovery.

This bill would create a similar scheme to permit both the Attorney General and a person to bring a civil claim under this section, and for the person bringing the action to share in the recovery.

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.