Bill Text: CA AB1524 | 2017-2018 | Regular Session | Introduced
Bill Title: Political Reform Act of 1974: mass mailing prohibitions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1524 Detail]
Download: California-2017-AB1524-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 1524 |
| Introduced by Assembly Member Brough |
February 17, 2017 |
An act to add Section 89004 to the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1524, as introduced, Brough.
Political Reform Act of 1974: mass mailing prohibitions.
The Political Reform Act of 1974 prohibits sending mass mailings at public expense. The act defines “agency” as any state agency or local government agency and “mass mailing” as over 200 substantially similar pieces of mail not including form letters or other mail that is sent in response to an unsolicited request, letter, or other inquiry. Existing regulations of the Fair Political Practices Commission add further definitional criteria for mass mailings and specify certain forms of mass mailing that are not subject to the act’s prohibition against mass mailings.
This bill would prohibit, within 90 days preceding an election, the sending of a mass mailing by either (1) a candidate, or on his or her behalf, if the candidate’s name will be on the ballot at that election, or (2) an agency, if a measure on the ballot at that election will have a
direct financial impact on the agency, except as specified.
A willful violation of the act’s provisions is punishable as a misdemeanor. 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.
Section 89004 is added to the Government Code, to read:89004.
(a) Within 90 days preceding an election, a mass mailing shall not be sent by either of the following:(1) A candidate, or on his or her behalf, if the candidate’s name will be on the ballot at that election.
(2) An agency, if a measure on the ballot at that election will have a direct financial impact on the agency, unless it is a school district or community college district providing information to the public about the possible effects of a bond issue or other ballot measure consistent with the criteria set forth in subdivision (b) of Section 7054 of the Education Code.
(b) Subdivision (a) does not apply to a mass
mailing that is required by law to be sent to members of the public within 90 days preceding an election.
(c) For purposes of this section, “mass mailing” means a mass mailing, as defined by Section 82041.5, that is consistent with the criteria of subdivision (a) of Section 18901 of Title 2 of the California Code of Regulations and, pursuant to subdivision (b) of that section, is not prohibited by Section 89001.
