Bill Text: CA SB724 | 2023-2024 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: communications.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2023-09-01 - September 1 hearing postponed by committee. [SB724 Detail]
Download: California-2023-SB724-Amended.html
|
Amended
IN
Assembly
August 28, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 724
| Introduced by Senator Glazer (Coauthor: Senator Wilk) |
February 16, 2023 |
An act to add Section 85311 to the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 724, as amended, Glazer.
Political Reform Act of 1974: communications.
The Political Reform Act of 1974, among other things, requires the disclosure of certain payments of or promises to pay $50,000 or more for a communication that clearly identifies a candidate for elective state office, but does not expressly advocate the election or defeat of the candidate, and that is disseminated, broadcast, or otherwise published within 45 days of an election, as specified. The Act also requires disclosure by any person who receives or is promised a payment totaling $5,000 or more for the purpose of making such a communication, unless the person who receives the payment is in the business of providing goods or services and receives or is promised the payment for the purpose of providing those goods or services.
This bill would also require the disclosure of any payment of or promise to pay $25,000 or more for a
communication that clearly identifies an elective elected state officer, with the intent to influence the officer or public opinion, and educates the public about the previous votes cast by the elected state officer or about the source of campaign donations received by the elected state officer, and that is disseminated, broadcast, or otherwise published within 150 days of an election, as specified. The bill also would require disclosure by any person who receives or is promised a payment totaling $5,000 or more for the purpose of making such a communication, unless the person who receives the payment is in the business of
providing goods or services and receives or is promised the payment for the purpose of providing those goods or services.
Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, 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 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.
The Legislature finds and declares all of the following:(a) Disclosure of who, or which interest, paid for a communication to influence public opinion will help the public better evaluate the arguments to which they are being subjected and will create a more informed public.
(b) A Stanford University study showed that more than 80 percent of middle school pupils struggled to distinguish advertisements from news stories.
(c) The public is growing less satisfied with how democracy is working and does not believe the government is run for the benefit of all.
(d) According to a Pew Research Center survey, public respondents cited the influence of special interest money on elected officials as the biggest problem with elected officials in the federal government.
(e) According to a Pew Research Center survey, public respondents cited that money has a greater role on politics than in the past.
(f) The public deserves to know who is paying for communications to influence their opinion and the opinions of elected officials to preserve integrity and transparency in our democracy.
(g) Communications depicting elected officials should not intentionally deceive the public about the identity of who, or which interest, is trying to persuade their opinion.
(h) According to the Sacramento Bee, more than 1,000 businesses, advocacy groups or others spent at least $100,000 lobbying the state government in 2022, and data from the Secretary of State shows that 56 entities spent more than $1 million.
(i) This legislation seeks to address a gap within the existing reporting requirements for advertisements identifying an elected state officer that attempt to educate the public on the previous votes cast by the elected state officer or about the source of campaign donations received by the elected state officer.
(j) While the content of these types of advertisements may have an indirect connection to an election or
particular legislative action, these advertisements nevertheless have the potential to impact the officeholder’s future election prospects and the outcome of issues on which they may be voting.
(k) It is in the public’s interest to know the source of, and the amount of money spent on, these advertisements.
SECTION 1.SEC. 2.
Section 85311 is added to the Government Code, to read:85311.
(a) Any person who makes a payment or a promise of payment totaling twenty-five thousand dollars ($25,000) or more for a communication that clearly identifies an elected state officer, and educates the public about the previous votes cast by the elected state officer or about the source of campaign donations received by the elected state officer,(b) (1) Except as provided in paragraph (2), if any person has received a payment or a promise of a payment from other persons
totaling five thousand dollars ($5,000) or more for the purpose of making a communication described in subdivision (a), the person receiving the payments shall submit a report as required under that subdivision and disclose on the report the name, address, occupation and employer, and date and amount received from the person.
(2) A person who receives or is promised a payment that is otherwise reportable under paragraph (1) is not required to report the payment if the person is in the business of providing goods or services and receives or is promised the payment for the purpose of providing those goods or services.
(c) This section is not intended to modify the definitions of contribution or expenditure under this division or to modify the obligations of any
person whose activity otherwise meets those definitions.
