BILL NUMBER: SB 488 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 30, 2012
AMENDED IN ASSEMBLY AUGUST 15, 2011
INTRODUCED BY Senator Correa
FEBRUARY 17, 2011
An act to add Section 84305.7 to the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 488, Correa. 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 that is sending the slate
mailer and make other specified disclosures, and further requires the
slate mailer organization to file periodic statements reporting
payments received and expenditures made to produce slate mailers.
This bill would provide that, if a slate mailer organization sends
a slate mailer or other mass mailing that displays a logo, insignia,
emblem, or trademark that is identical or substantially similar to
the logo, insignia, emblem, or trademark of a governmental agency or
a nongovernmental organization that represents law enforcement,
firefighting, emergency medical, or other public safety personnel,
and that would reasonably be understood to imply the participation or
endorsement of that governmental agency or nongovernmental
organization, the slate mailer organization would be required to
obtain the express written consent of the governmental agency or
nongovernmental organization associated with the logo, insignia,
emblem, or trademark prior to using the logo, insignia, emblem, or
trademark in the slate mailer or other mass mailing.
This bill would also provide that, if a slate mailer organization
sends a slate mailer or other mass mailing that identifies itself or
its source material as representing a nongovernmental organization
with a name that would reasonably be understood to imply that the
organization is composed of, or affiliated with, law enforcement,
firefighting, emergency medical, or other public safety personnel,
the slate mailer or mass mailing would be required to disclose the
total number of members in the organization identified in the slate
mailer or mass mailing.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The spirit of existing state law governing the unauthorized
use of specified logos for political purposes has, at times, been
creatively manipulated by those seeking to influence the voting
public.
(b) The unauthorized use of governmental or organizational logos,
insignias, emblems, trademarks, and other identifiers of federal,
state, and local governments, and of organizations of governmental
officials, on political mailers deceives the recipients and leads to
an erosion of the public's trust. The unauthorized use of logos,
insignias, emblems, and trademarks used by public safety departments,
organizations, and professionals further creates a risk that the
public will be misled and confused as it attempts to distinguish
between legitimate public safety communications and political
propaganda.
(c) California's public safety departments and organizations are
charged with disseminating and enforcing important emergency warnings
to the public, such as reverse 911 calls, Emergency Broadcast System
messages, red flag warnings, and other important emergency
prevention and evacuation orders that save lives.
(d) The very real potential exists for our state's citizens to
disregard important public safety information in the event of an
emergency because they inaccurately assume that it is associated with
a political candidate or campaign.
(e) It is therefore the intent of the Legislature to ensure that
these logos, insignias, emblems, trademarks, and other identifiers
are used only with the approval of the governmental agency,
department, group, or organization to which the identifier belongs
and, in so doing, to ensure that the integrity of the identifier is
upheld and the public's trust in these agencies, departments, groups,
and organizations is protected.
SEC. 2. Section 84305.7 is added to the Government Code, to read:
84305.7. (a) If a slate mailer organization sends a slate mailer
or other mass mailing that displays a logo, insignia, emblem, or
trademark that is identical or substantially similar to the logo,
insignia, emblem, or trademark of a governmental agency, and that
would reasonably be understood to imply the participation or
endorsement of that governmental agency, the slate mailer
organization shall obtain the express written consent of the
governmental agency associated with the logo, insignia, emblem, or
trademark prior to using the logo, insignia, emblem, or trademark in
the slate mailer or other mass mailing.
(b) If a slate mailer organization sends a slate mailer or other
mass mailing that displays a logo, insignia, emblem, or trademark
that is identical or substantially similar to the logo, insignia,
emblem, or trademark of a nongovernmental organization that
represents law enforcement, firefighting, emergency medical, or other
public safety personnel, and that would reasonably be understood to
imply the participation or endorsement of that nongovernmental
organization, the slate mailer organization shall obtain the express
written consent of the nongovernmental organization associated with
the logo, insignia, emblem, or trademark prior to using the logo,
insignia, emblem, or trademark in the slate mailer or other mass
mailing.
(c) If a slate mailer organization sends a slate mailer or other
mass mailing that identifies itself or its source material as
representing a nongovernmental organization with a name that includes
the term "peace officer," "reserve officer," "deputy," "deputy
sheriff," "sheriff," "police," "highway patrol," "California Highway
Patrol," "law enforcement," "firefighter," "fire marshal,"
"paramedic," "emergency medical technician," "public safety," or any
other term that would reasonably be understood to imply that the
organization is composed of, or affiliated with, law enforcement,
firefighting, emergency medical, or other public safety personnel,
the slate mailer or mass mailing shall disclose on the outside of
each piece of mail and on at least one of the inserts included with
each piece of mail in no less than 12-point roman type, which shall
be in a color or print that contrasts with the background so as to be
easily legible, the total number of members in the organization
identified in the slate mailer or mass mailing.
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. 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.