Bill Text: CA AB1148 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Political Reform Act of 1974: advertisements: disclosure.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Introduced - Dead) 2012-01-31 - Read third time. Refused passage. (Ayes 52. Noes 26. Page 3650.). [AB1148 Detail]

Download: California-2011-AB1148-Introduced.html

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BILL NUMBER: AB 1148	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley
   (Principal coauthor: Assembly Member Fong)
   (Coauthor: Senator Hancock)

                        FEBRUARY 18, 2011

   An act to amend Section 84305.5 of the Government Code, relating
to the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1148, as introduced, Brownley. Political Reform Act of 1974:
slate mailers.
   The Political Reform Act of 1974 regulates mass mailings, known as
slate mailers, that support or oppose multiple candidates or ballot
measures for an election. The act requires that each slate mailer
identify the slate mailer organization or committee primarily formed
to support or oppose one or more ballot measures that is sending the
slate mailer, and to contain other specified information in specified
formatting. The act requires that each candidate and each ballot
measure that has paid to appear in the slate mailer be designated by
an asterisk.
   This bill would instead require that a candidate or ballot measure
appearing in the slate mailer be designated by an asterisk if the
slate mailer organization or committee primarily formed to support or
oppose one or more ballot measures that is sending the slate mailer
has received payment to include the candidate or ballot measure in
the slate mailer.
   Existing law makes a knowing or willful violation of the Political
Reform Act of 1974 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 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.  Section 84305.5 of the Government Code is amended to
read:
   84305.5.  (a)  No   A  slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures shall  not  send a slate mailer
unless  the slate mailer complies with all of the following 
:
   (1) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures are shown on the outside of each piece of
slate mail and on at least one of the inserts included with each
piece of slate mail in no less than 8-point roman type  , 
which shall be in a color or print  which   that
 contrasts with the background so as to be easily legible. A
post office box may be stated in lieu of a street address if the
street address of the slate mailer organization or the committee
primarily formed to support or oppose one or more ballot 
measure   measures  is a matter of public record
with the Secretary of State's Political Reform Division.
   (2) At the top or bottom of the front side or surface of at least
one insert  ,  or at the top or bottom of one side or
surface of a postcard or other self-mailer, there is a notice in at
least 8-point roman boldface type, which shall be in a color or print
 which   that  contrasts with the
background so as to be easily legible, and in a printed or drawn box
and set apart from any other printed matter. The notice shall consist
of the following statement:
-------------------------------------------------
|                 NOTICE TO VOTERS                |
|                                                 |
|                                                 |
|THIS DOCUMENT WAS PREPARED BY (name of slate     |
|                                                 |
|mailer organization or committee primarily       |
|formed to support                                |
|                                                 |
|or oppose one or more ballot measures), NOT AN   |
|OFFICIAL                                         |
|                                                 |
|POLITICAL PARTY ORGANIZATION. Appearance in this |
|                                                 |
|mailer does not necessarily imply endorsement of |
|others                                           |
|                                                 |
|appearing in this mailer, nor does it imply      |
|endorsement of, or                               |
|                                                 |
|opposition to, any issues set forth in this      |
|mailer.  Appearance            
                    |
 |(Name of slate mailer organization or committee  | 
 |primarily formed to support or oppose one or     | 
 |more ballot measures) has been paid to include   | 
 |each candidate and ballot                        | 
|                                                 |
|is paid for and authorized by each candidate and |

 |ballot                                           |

 |                                                 |

|measure  whic   t  h  at  is
designated by an *.
  |
-------------------------------------------------


   (3) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures as required by paragraph (1) and the notice
required by paragraph (2) may appear on the same side or surface of
an insert.  
   (4) 
    (3)   (A)    Each candidate and each
ballot measure  that has paid to appear   for
which the slate mailer organization or committee primarily formed to
support or oppose one or more ballot measures has received payment to
include the candidate or ballot measure  in the slate mailer is
designated by an *. Any   A  candidate or
ballot measure  that has not paid to appear  
for which the slate mailer organization or committee primarily formed
to support or oppose one or more ballot measures has not received
payment to include the candidate or ballot measure  in the slate
mailer  is  shall  not  be 
designated by an *.
    (B)    The * required by this 
subdivision   paragraph  shall be of the same type
size, type style, color or contrast, and legibility as is used for
the name of the candidate  ,  or the ballot measure name or
number and position advocated  ,  to which the * designation
applies  ,  except that in no case shall the * be required
to be larger than 10-point boldface type. The designation shall
immediately follow the name of the candidate, or the name or number
and position advocated on the ballot measure  ,  where the
designation appears in the slate of candidates and measures. If there
is no slate listing, the designation shall appear at least once in
at least 8-point boldface type, immediately following the name of the
candidate, or the name or number and position advocated on the
ballot measure. 
   (5) 
    (4)  The name of  any   a 
candidate appearing in the slate mailer who is a member of a
political party differing from the political party  which
  that  the mailer appears by representation or
indicia to represent is accompanied, immediately below the name, by
the party designation of the candidate, in no less than 9-point roman
type  ,  which shall be in a color or print that contrasts
with the background so as to be easily legible. The designation shall
not be required in the case of candidates for nonpartisan office.

   (b) For purposes of the designations required by paragraph (4) of
subdivision (a), the payment of any sum made reportable by
subdivision (c) of Section 84219 by or at the behest of a candidate
or committee, whose name or position appears in the mailer, to the
slate mailer organization or committee primarily formed to support or
oppose one or more ballot measures, shall constitute a payment to
appear, requiring the * designation. The payment shall also be deemed
to constitute authorization to appear in the mailer.  
   (b) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures, as required by paragraph (1) of subdivision
(a), and the notice required by paragraph (2) of subdivision (a) may
appear on the same side or surface of an insert in the slate mailer.

  SEC. 2.  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. 3.  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.