Bill Text: CA SB226 | 2017-2018 | Regular Session | Chaptered
Bill Title: Political Reform Act of 1974: slate mailers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-15 - Chaptered by Secretary of State. Chapter 855, Statutes of 2017. [SB226 Detail]
Download: California-2017-SB226-Chaptered.html
| Senate Bill No. 226 |
| CHAPTER 855 |
An act to amend Section 84305.7 of the Government Code, relating to the Political Reform Act of 1974.
[
Approved by
Governor
October 15, 2017.
Filed with
Secretary of State
October 15, 2017.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 226, Hertzberg.
Political Reform Act of 1974: slate mailers.
The Political Reform Act of 1974 regulates a type of mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires a slate mailer organization that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to that of a governmental agency or specified nongovernmental organization to obtain express written permission to do so. The act requires a slate mailer organization that sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that would reasonably be understood to imply that the nongovernmental organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, to disclose in the slate mailer or mass mailing the total
number of members in the organization identified in the slate mailer or mass mailing.
This bill, with regard to this latter category of slate mailers and mass mailings, would require the slate mailer organization to disclose on the mailing, in a specified format, whether the slate mailer organization represents public safety personnel.
Existing law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties.
This bill would impose a state-mandated local program by creating additional crimes.
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 of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 84305.7 of the Government Code is amended to read:84305.7.
(a) If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency, and that would reasonably be understood to imply the participation or endorsement of that governmental agency, the slate mailer organization shall obtain express written consent from the governmental agency associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.(b) If a slate mailer organization sends a slate mailer or other mass mailing that
displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain express written consent from the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(c) If a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes
the term “peace officer,” “reserve officer,” “deputy,” “deputy sheriff,” “sheriff,” “police,” “highway patrol,” “California Highway Patrol,” “law enforcement,” “firefighter,” “fire marshal,”
“paramedic,” “emergency medical technician,” “public safety,” or any other term that would reasonably be understood to imply that the nongovernmental organization is composed of, represents, or is affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer or mass mailing, as provided in paragraph (1) of subdivision (d). If the slate mailer organization is not composed of or does not represent any members who are law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose that the slate mailer organization does not represent public safety personnel, as
provided in paragraph (2) of subdivision (d).
(d) A disclosure pursuant to subdivision (c) shall include one of the following statements:
(1) If the slate mailer organization represents public safety personnel members: “This organization represents ____ public safety personnel.” The slate mailer organization shall fill in the blank part of the statement with the number of public safety personnel members it represents.
(2) If the slate mailer organization does not represent public safety personnel members: “This organization does not represent any public safety personnel.”
(e) A disclosure pursuant to subdivision (d) shall be in a format that
satisfies all of the following:
(1) Printed in roman type that is no less than 14-point font.
(2) Located on the outside of the slate mailer or mass mailing within one-half of an inch of the recipient’s name and address.
(3) 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 slate mailer or mass mailing. The outline of the box shall be in a contrasting color to both the background color of the mailing and the background color of the
box. The color of the text of the disclosure shall be in a contrasting color to the background color of the box.
(f) (1) For purposes of subdivision (c), “member” means any of the following:
(A) A person who, pursuant to a specific provision of an organization’s articles or bylaws, may vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution.
(B) A person designated as a member in the articles or bylaws of an organization that is tax exempt under Section 501(c) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)) and who has the right to vote to change the organization’s
articles or bylaws or has paid dues to the organization.
(C) Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
