Bill Text: CA AB990 | 2015-2016 | Regular Session | Chaptered
Bill Title: Political Reform Act of 1974: advertisement disclosures.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 747, Statutes of 2015. [AB990 Detail]
Download: California-2015-AB990-Chaptered.html
BILL NUMBER: AB 990 CHAPTERED
BILL TEXT
CHAPTER 747
FILED WITH SECRETARY OF STATE OCTOBER 10, 2015
APPROVED BY GOVERNOR OCTOBER 10, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN SENATE AUGUST 20, 2015
AMENDED IN SENATE JULY 15, 2015
AMENDED IN SENATE JULY 2, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Bonilla
(Coauthor: Assembly Member Gordon)
FEBRUARY 26, 2015
An act to amend Sections 84506.5, 84507, and 84511 of the
Government Code, relating to the Political Reform Act of 1974, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 990, Bonilla. Political Reform Act of 1974: advertisement
disclosures.
Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions and expenditures and imposing
other reporting and recordkeeping requirements on campaign
committees. The act additionally imposes various disclosure statement
requirements with respect to advertisements supporting or opposing a
candidate or ballot measure, including a requirement that the
disclosure statements be printed clearly and legibly in no less than
10-point type and in a conspicuous manner, as specified. The act also
requires that an advertisement supporting or opposing a candidate
that is paid for by an independent expenditure include a statement
that it was not authorized by a candidate or a committee controlled
by a candidate.
This bill would require that disclosure statements be printed in
no less than 14-point bold, sans serif type font. The bill would
require that an advertisement supporting or opposing a candidate that
is paid for by an independent expenditure include a disclosure
statement with specific content and, if the advertisement is mailed,
would require that the disclosure statement be located within a
quarter of an inch of the recipient's name and address and be
contained within a box that meets prescribed criteria.
The act also requires certain ballot measure advertisements to
include a specified disclosure statement if it is paid for by a
committee that pays an individual for his or her appearance in the
advertisement, as specified.
This bill would repeal a requirement that the disclosure statement
appear in roman font.
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.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84506.5 of the Government Code is amended to
read:
84506.5. (a) An advertisement supporting or opposing a candidate
that is paid for by an independent expenditure must include the
following statement: This advertisement was not authorized or paid
for by a candidate for this office or a committee controlled by a
candidate for this office.
(b) In addition to the requirements of Section 84507, a mailed
advertisement subject to this section shall also comply with each of
the following:
(1) The disclosure statement in subdivision (a) shall be located
within one quarter of an inch of the recipient's name and address as
printed on the advertisement.
(2) The text of the disclosure statement shall be contained in a
box with an outline that has a line weight of at least 3.25 pt. The
background color of the box shall be in a contrasting color to the
background of the advertisement. The outline of the box shall be in a
contrasting color to both the background color of the advertisement
and the background color of the box. The color of the text shall be
in a contrasting color to the background color of the box.
SEC. 2. Section 84507 of the Government Code is amended to read:
84507. Any disclosure statement required by this article shall be
printed clearly and legibly in no less than 14-point, bold, sans
serif type font and in a conspicuous manner as defined by the
commission or, if the communication is broadcast, the information
shall be spoken so as to be clearly audible and understood by the
intended public and otherwise appropriately conveyed for the hearing
impaired.
SEC. 3. Section 84511 of the Government Code is amended to read:
84511. (a) This section applies to a committee that does either
of the following:
(1) Makes an expenditure of five thousand dollars ($5,000) or more
to an individual for his or her appearance in an advertisement that
supports or opposes the qualification, passage, or defeat of a ballot
measure.
(2) Makes an expenditure of any amount to an individual for his or
her appearance in an advertisement that supports or opposes the
qualification, passage, or defeat of a ballot measure and that states
or suggests that the individual is a member of an occupation that
requires licensure, certification, or other specialized, documented
training as a prerequisite to engage in that occupation.
(b) A committee described in subdivision (a) shall file, within 10
days of the expenditure, a report that includes all of the
following:
(1) An identification of the measure that is the subject of the
advertisement.
(2) The date of the expenditure.
(3) The amount of the expenditure.
(4) The name of the recipient of the expenditure.
(5) For a committee described in paragraph (2) of subdivision (a),
the occupation of the recipient of the expenditure.
(c) An advertisement paid for by a committee described in
paragraph (1) of subdivision (a) shall include a disclosure statement
stating "(spokesperson's name) is being paid by this campaign or its
donors" in highly visible font shown continuously if the
advertisement consists of printed or televised material, or spoken in
a clearly audible format if the advertisement is a radio broadcast
or telephonic message.
(d) (1) An advertisement paid for by a committee described in
paragraph (2) of subdivision (a) shall include a disclosure statement
stating "Persons portraying members of an occupation in this
advertisement are compensated spokespersons not necessarily employed
in those occupations" in highly visible font shown continuously if
the advertisement consists of printed or televised material, or
spoken in a clearly audible format if the advertisement is a radio
broadcast or telephonic message.
(2) A committee may omit the disclosure statement required by this
subdivision if all of the following are satisfied with respect to
each individual identified in the report filed pursuant to
subdivision (b) for that advertisement:
(A) The occupation identified in the report is substantially
similar to the occupation portrayed in the advertisement.
(B) The committee maintains credible documentation of the
appropriate license, certification, or other training as evidence
that the individual may engage in the occupation identified in the
report and portrayed in the advertisement and makes that
documentation immediately available to the Commission upon request.
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.
SEC. 5. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.
SEC. 6. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the interests of Californians who are
empowered with the right to vote, it is appropriate that they be duly
informed and that their constitutional right to instruct their
representatives be protected. This purpose is best served by an
informed electorate. The need for greater transparency of
advertisement disclosures is vital to the interests of the State such
that this act must take effect immediately.
