Bill Text: CA AB700 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Political Reform Act of 1974: campaign disclosures.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2016-08-31 - Read third time. Refused passage. (Ayes 26. Noes 11. Page 5601.). [AB700 Detail]
Download: California-2015-AB700-Amended.html
Bill Title: Political Reform Act of 1974: campaign disclosures.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2016-08-31 - Read third time. Refused passage. (Ayes 26. Noes 11. Page 5601.). [AB700 Detail]
Download: California-2015-AB700-Amended.html
BILL NUMBER: AB 700 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2015 INTRODUCED BY Assembly Members Gomez and Levine FEBRUARY 25, 2015 An act toadd Section 84503.1 toamend Section 84511 of the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGEST AB 700, as amended, Gomez. 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. Existing law additionally imposes a disclosure statementrequirementsrequirement with respect to advertisements supporting or opposing a candidate or ballot measure paid for bydonors making contributions of specified amounts or by independent expenditures and defines several terms and phrases for these purposesa committee that makes an expenditure of $5,000 or more . This bill wouldimpose new disclosure statement requirements for political advertisements regarding a ballot measure paid for by specified committees that are radio advertisements, prerecorded telephonic messages, or television or video advertisements that would require the identification of identifiable contributors, as definedrequire that if the advertisement is a television or video advertisement, the disclosure statement shall be shown continuously . This bill would also state the intent of the Legislature to enact legislation that would implement a California Disclose Act, with provisions similar to a specified bill from the 2013-14 Regular Session of the Legislature. Because a violation of the act is punishable as a misdemeanor, this bill would impose a state-mandated local program. 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. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to enact legislation that would implement a California Disclose Act to ensure that advertisements that seek to persuade voters to cast a vote in favor or against ballot measures do not mislead voters as to who is funding the campaign that paid for the advertisement. SEC. 2. 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 roman 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. If the advertisement is a television or video advertisement, the statement shall be shown continuously. (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 roman 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.SECTION 1.The Legislature finds and declares all of the following: (a) Ever-increasing amounts of funds are raised and spent in support of and opposition to state and local ballot measures, especially in the form of advertisements. The outcomes of such elections are disproportionately impacted by campaign expenditures in support of and opposition to those measures. (b) Ever-increasing amounts of funds are spent on campaigns by persons who do one or more of the following: (1) Frequently use their wealth to fund local and state ballot measures designed to advance their own economic interests. (2) Increasingly avoid having their identities disclosed in election-related advertisements by channeling funds through one or more persons before those funds are received by a committee, thereby undermining the purpose and intent of laws requiring disclosure on such advertisements. (3) Spend extraordinary amounts of money running election-related advertisements while hiding behind dubious and misleading names, including, but not limited to, advertisements by primarily formed committees and general purpose committees. (4) Increasingly evade disclosure by funding advertisements designed to persuade voters without expressly advocating support or opposition. (c) The activities described in subdivision (b) cause the public to become increasingly disaffected with the democratic process, discouraging participation in elections and coloring public perceptions of the legitimacy and integrity of state and local government. (d) The people of California and their government officials have a compelling interest in knowing the true and original source of committee funding and receiving clear information identifying the largest original contributors responsible for political advertisements funded by such committees. (e) The disclosure of original contributors on advertisements serves the following important governmental and societal purposes: (1) Providing the people and government officials current and easily accessible information regarding who is funding advertisements that are intended to influence their votes on ballot measures. (2) Enabling the people and government officials to identify potential bias in advertisements to assist them in making more informed decisions and giving proper weight to different speakers and messages. (3) Deterring actual corruption and avoiding the appearance of corruption by providing increased transparency of contributions and expenditures. (4) Improving the people's confidence in the democratic process and increasing their motivation to actively participate in that process by regular voting and other forms of civic engagement. (5) Promoting compliance with and detecting violations of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code), while also addressing the problems and advancing the state interests described in that act.SEC. 2.It is the intent of the Legislature to enact legislation that would implement a California Disclose Act consistent with the provisions of Senate Bill 52 of the 2013-14 Regular Session of the Legislature.SEC. 3.Section 84503.1 is added to the Government Code, to read: 84503.1. (a) For purposes of this section, "identifiable contributor" means a person that is the original source of funds for contributions received by a committee that cumulatively total fifty thousand dollars ($50,000) or more, notwithstanding the fact that the contributions were transferred, in whole or in part, through one or more other committees or persons. (b) A committee that is a candidate controlled committee as defined in Section 82016 or a political party committee as defined in Section 85205 is not subject to the disclosure statement requirements of this section. (c) An advertisement regarding a ballot measure that is a radio advertisement or prerecorded telephonic message shall include a disclosure statement at the beginning or end of the advertisement read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement that reads as follows: "This ad has major funding from state names in descending order of identifiable contributors who have made the two largest cumulative contributions to the committee that paid for the advertisement]. Paid for by name of the committee that paid for the advertisement]." (d) An advertisement regarding a ballot measure that is a television or video advertisement shall include a disclosure area with a solid black background on the entire bottom one-third of the television or video display screen at the beginning or end of the advertisement for a minimum of five seconds in the case of an advertisement that lasts 30 seconds or less or a minimum of 10 seconds in the case of an advertisement that lasts longer than 30 seconds. The disclosure area shall include the following text: "Paid for by name of the committee that paid for the advertisement]. This ad has major funding from state names in descending order of identifiable contributors who have made the three largest cumulative contributions to the committee that paid for the advertisement]." The text shall be in a contrasting color in Arial Narrow equivalent font, and the type size shall be at least 4 percent of the height of the television or video display screen and shall be centered horizontally. (e) The requirements of this section are in addition to any other requirements imposed by this article.SEC. 4.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. 5.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.