Bill Text: CA AB510 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Political Reform Act of 1974: advertisement disclosures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 868, Statutes of 2014. [AB510 Detail]

Download: California-2013-AB510-Amended.html

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BILL NUMBER: AB 510	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 6, 2014
	AMENDED IN ASSEMBLY  MARCH 14, 2013

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 20, 2013

   An act to  amend   repeal and add 
Section 84511 of the Government Code, relating to the Political
Reform Act of 1974.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 510, as amended, Ammiano. Political Reform Act of 1974:
advertisement disclosures.
   The Political Reform Act of 1974 requires a committee that makes
an expenditure of $5,000 or more to an individual for his or her
appearance in an advertisement to support or oppose the
qualification, passage, or defeat of a ballot measure to file a
report, as specified, and to include in the advertisement a statement
regarding payment of the individual by the committee or its donors.

   This bill, in addition, would require a committee to comply with
these requirements with regard to an expenditure of any amount to an
individual for his or her appearance in an advertisement to support
or oppose the qualification, passage, or defeat of a ballot measure
if the advertisement states or otherwise communicates that the
individual is a practitioner or member of a profession having
expertise or specialized knowledge relating to the subject of the
measure.  
   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.  
   This bill would impose additional requirements on a committee that
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. The bill
would also require the committee to file a report that identifies,
among other things, the individual's occupation. The bill would
require the committee to include a specified disclosure statement in
the advertisement indicating that the individuals are compensated
spokespersons and not necessarily employed in the occupations
portrayed. The bill would authorize a committee to petition the Fair
Political Practices Commission for a waiver of the disclosure
statement requirement, which the Commission would be required to
grant if prescribed conditions are satisfied.  
   A 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 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 84511 of the Government Code
is amended to read:
   84511.  (a) (1) A committee that makes an expenditure of five
thousand dollars ($5,000) or more to an individual for his or her
appearance in an advertisement to support or oppose the
qualification, passage, or defeat of a ballot measure shall file a
report within 10 days of the expenditure.
   (2) A committee that makes an expenditure of any amount to an
individual for his or her appearance in an advertisement to support
or oppose the qualification, passage, or defeat of a ballot measure
shall file a report within 10 days of the expenditure if the
advertisement states or otherwise communicates that the individual is
a practitioner or member of a profession having expertise or
specialized knowledge relating to the subject of the measure.
   (b) A report required by subdivision (a) shall identify the
measure, the date of the expenditure, the name of the recipient, and
the amount expended.
    (c) An advertisement for which a report is required by
subdivision (a) shall include the statement "(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 telephone message. 
   SECTION 1.    Section 84511 of the  
Government Code   is repealed.  
   84511.  (a) A committee that makes an expenditure of five thousand
dollars ($5,000) or more to an individual for his or her appearance
in an advertisement to support or oppose the qualification, passage
or defeat of a ballot measure shall file a report within 10 days of
the expenditure. The report shall identify the measure, the date of
the expenditure, the name of the recipient, and the amount expended.
   (b) The advertisement shall include the statement "(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 telephone
message. 
   SEC. 2.    Section 84511 is added to the  
Government Code   , 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.
   (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 petition the Commission for a waiver of the
disclosure statement required by this subdivision. The Commission
shall grant the waiver 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 submits credible documentation of the
appropriate license, certification, or other training to the
Commission as evidence that the individual may engage in the
occupation identified in the report and portrayed in the
advertisement. 
   SEC. 2.   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. 3.   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.