Bill Text: CA AB990 | 2015-2016 | Regular Session | Amended

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

---

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-Amended.html

---

BILL NUMBER: AB 990	AMENDED
	BILL TEXT

	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  Section 138.6 of the Health and Safety
Code, relating to public health.   Sections 84506.5 and
84507 of the Government Code, relating to the Political Reform Act of
1974. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 990, as amended, Bonilla.  Women's health. 
 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 18-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 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.
 
    Existing law requires the State Department of Public Health to
develop a coordinated state strategy for addressing the
health-related needs of women, including implementation of goals and
objectives for women's health. Existing law establishes the Office of
Health Equity within the department to, among other things,
communicate and disseminate information within the department and to
other state departments to assist in developing strategies to improve
the health and mental health status of specified persons, including
women. Existing law requires the department to include prescribed
information in any literature that it produces regarding breast
cancer, including the factors that increase the risk that younger
women will develop breast cancer. Existing law describes these risk
factors as including, but not limited to, family history of the
disease. 
   This bill would require any literature regarding breast cancer
information produced or updated by the department on or after January
1, 2016, to include the increased risk for breast cancer associated
with obesity. The bill would provide that the department is not
required to dispose of or refrain from disseminating existing
published material solely for the purpose of complying with the
requirement that the literature include that prescribed information.

   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program:  no
  yes  .


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.   An   (a)     An
 advertisement supporting or opposing a candidate that is paid
for by an independent expenditure must include  a statement
that it was not authorized by a candidate or a committee controlled
by a candidate.   the following statement: This
advertisement was not authorized or paid for by the candidate or a
committee controlled by the candidate.  
   (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 5.25 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  10-point type
  18-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.    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. 4   .    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.  
  SECTION 1.    Section 138.6 of the Health and
Safety Code is amended to read:
   138.6.  (a) Literature regarding breast cancer information
produced or updated by the State Department of Public Health on or
after January 1, 2016, shall include, but not be limited to, all of
the following:
   (1) Summarized information on risk factors for breast cancer in
younger women, including, but not limited to, information on the
increased risk associated with a family history of the disease, and
increased risk associated with obesity.
   (2) Summarized information regarding detection alternatives to
mammography that may be available and more effective for at-risk
women between the ages of 25 and 40 years.
   (3) Information on Internet Web sites of relevant organizations,
government agencies, and research institutions where information on
mammography alternatives may be obtained.
   (b) (1) The information required by subdivision (a) shall be
produced consistent with the department's protocols and procedures
regarding the production and dissemination of information on breast
cancer, including, but not limited to, the following factors:
   (A) Restrictions imposed by space limitation on materials
currently produced and distributed by the department.
   (B) Future regular production and replacement schedules.
   (C) Translation standards governing the number of languages and
literacy levels.
   (D) The nature, content, and purpose of the material into which
this new information will be incorporated.
   (2) This section does not require the department to dispose of or
refrain from disseminating existing published literature solely for
the purpose of complying with subdivision (a).
   (c) It is the intent of the Legislature that subdivisions (a) and
(b) apply to information that is distributed by any branch of the
department, including, but not limited to, the Cancer Detection
Section and the Office of Health Equity.