BILL ANALYSIS Ó
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CONFERENCE COMPLETED
Bill No: SB 488
Author: Correa (D)
Amended: Conference Report No. 1 8/16/12
Vote: 27
SENATE ELECTIONS & CONSTIT. AMEND. COMM. : 3-2, 05/03/11
AYES: Correa, De León, Lieu
NOES: La Malfa, Gaines
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 28-7, 05/31/11
AYES: Alquist, Calderon, Cannella, Corbett, Correa, De
León, DeSaulnier, Emmerson, Evans, Hancock, Hernandez,
Huff, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Simitian, Steinberg,
Vargas, Wolk, Wyland, Yee
NOES: Anderson, Blakeslee, Dutton, Harman, La Malfa,
Strickland, Walters
NO VOTE RECORDED: Berryhill, Fuller, Gaines, Runner,
Wright
ASSEMBLY FLOOR : 65-12, 08/30/11 - See last page for vote
CONFERENCE COMMITTEE VOTE : 4-1, 8/16/12
AYES: Senators Lieu, Correa and Assembly Members Bonilla,
Fong
NOES: Assembly Member Hagman
SUBJECT : Political Reform Act of 1974: slate mailers
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SOURCE : California Professional Firefighters
DIGEST : This bill provides 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.
Conference Committee Amendments add sheriffs to the bill.
Assembly Amendments delete the language which would have
had the organization identify the number of members working
or living working or living within the county in which the
state mailer or mass mailing is being delivered.
ANALYSIS : Existing law, pursuant to the Political Reform
Act (PRA) regulates mass mailings, known as slate mailers
that support or oppose multiple candidates or ballot
measures for an election. The PRA requires that each slate
mailer identify the organization that is sending the slate
mailer and make other specified disclosures. For a more
comprehensive description of slate mailer disclosure
requirements, see the "Background" discussion below.
Organizations sending slate mailers are also required to
file periodic statements reporting payments received and
expenditures made to produce slate mailers.
Slate Mail Definitions . "Slate mailer" is defined in the
PRA as a mass mailing which supports or opposes a total of
four or more candidates or ballot measures.
A "slate mailer organization" means any person or
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organization who, directly or indirectly, does all of the
following:
Is involved in the production of one or more slate
mailers and exercises control over the selection of
the candidates and measures to be supported or opposed
in the slate mailers.
Receives or is promised payments totaling $500 or
more in a calendar year for the production of one or
more slate mailers.
However, a slate mailer organization does not include any
of the following:
A candidate or officeholder or his or her
controlled committee.
An official committee of any political party.
A legislative caucus committee.
A committee primarily formed to support or oppose a
candidate, officeholder, or ballot measure.
Slate Mailer Identification and Disclaimer Requirements .
Existing law provides that no slate mailer organization or
committee primarily formed to support or oppose one or more
ballot measures shall send a slate mailer unless:
The name and street address of the slate mailer
organization or committee are shown on the outside of
each piece of slate mail and on at least one of the
included inserts in no less than 8-point roman type in
a color or print which contrasts with the background
so as to be easily legible.
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 a printed or drawn box in similar
font and color consisting 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
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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 is paid for and authorized by each
candidate and ballot measure which is designated by an *.
Each candidate and each ballot measure that has
paid to appear in the slate mailer must be designated
by an asterisk (*) which must immediately follow the
name of the candidate, or the name or number and
position advocated on the ballot measure. Any
candidate or ballot measure that has not paid to
appear in the slate mailer may not be designated by an
asterisk.
The name of any candidate appearing in the slate
mailer who is a member of a political party differing
from the political party which the mailer appears by
representation or indicia to represent, must be
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. This designation is not required for
candidates for nonpartisan office.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/22/12)
California Professional Firefighters (source)
Secretary of State Debra Bowen
Association for Los Angeles Deputy Sheriffs
California Clean Money Campaign
California Common Cause
Los Angeles Probation Officers Union
Orange County Professional Firefighters Association
Riverside Sheriffs' Association
OPPOSITION : (Verified 8/22/12)
American Association of Political Consultants
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Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : According to the California
Professional Firefighters:
SB 488 ensures that public safety governmental and
organizational 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.
Additionally, this bill requires specified disclosure
information to be displayed on a mail piece.
California's public safety departments and
organizations are charged with, among other things,
disseminating and enforcing important emergency
warnings to the public, including reverse 911 calls,
Emergency Broadcast System messages, red flag warnings
and other important emergency prevention and
evacuation orders that ultimately save lives. In
recent years, certain slate mailer organizations
sending political slate mail or other mass mailings
have used public safety governmental and
organizational logos, insignias and emblems on mail
pieces in a creative effort to suggest to the voting
public that these public safety entities support or
endorse the issue(s) or candidate(s) represented in
the mail piece. The unauthorized use of such
identifiers by slate mail organizations creates the
very real potential for our state's citizens to be
misled and become confused as they attempt to
distinguish between legitimate public safety
communications and political propaganda. Even worse,
is the possibility that important public safety
information is disregarded altogether in the event of
an emergency because it is inaccurately assumed to be
associated with a political campaign or candidate.
Further, SB 488 would require a slate mail
organization to identify the total number of members
in the public safety organization identified on its
mail piece, as well as the number of members
associated with that organization who work or live
within the county in which the slate mailer or mass
mailing is being delivered.
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ARGUMENTS IN OPPOSITION : The American Association of
Political Consultants (AAPC) "feels strongly that SB 488,
as it is currently written, would have a chilling effect on
the first amendment's right to freedom of speech and is
therefore unconstitutional. Further, recourse for
unauthorized use of trademarked logos is already available
in existing laws (California Business and Professions Code
Section 14330 and should not be a part of this legislation.
"Recently, the Legislative Committee of the AAPC worked
with the California Fair Political Practices Commission
(FPPC) Chairman's Advisory Task Force to enhance
regulations for slate mailers. These new reforms are now
in place as a result of the work of the Task Force. AAPC
believes that proposed changes to the Political Reform Act
of 1974 such as SB 488, would be best addressed through a
similar process, prior to legislation being introduced."
ASSEMBLY FLOOR : 65-12, 08/30/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Cook, Davis, Dickinson, Eng, Feuer, Fletcher,
Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon,
Halderman, Hall, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jeffries, Lara, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Mitchell, Monning, Nestande,
Nielsen, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wieckowski, Williams, Yamada, John A. Pérez
NOES: Conway, Donnelly, Beth Gaines, Grove, Hagman,
Harkey, Jones, Knight, Mansoor, Morrell, Norby, Wagner
NO VOTE RECORDED: Charles Calderon, Garrick, Gorell
DLW:n 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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