Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 510


Introduced by Assembly Member Ammiano

February 20, 2013


An act to amend Sectionbegin delete 84200end deletebegin insert 84511end insert 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 1974begin insert: advertisement disclosuresend insert.

begin insert

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.

end insert
begin insert

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.

end insert
begin insert

Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.

end insert
begin insert

This bill would impose a state-mandated local program by creating additional crimes.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin insert

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 23 vote of each house and compliance with specified procedural requirements.

end insert
begin insert

This bill would declare that it furthers the purposes of the act.

end insert
begin delete

The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, conflicts of interests of public officials, and the lobbying industry, and further establishes the Fair Political Practices Commission to administer and enforce the provisions of the act. The act requires elected officers, candidates, and certain committees to file semiannual statements, except as specified.

end delete
begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 84511 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

84511.  

(a) begin insert(1)end insertbegin insertend insert A committee that makes an expenditure of
4five thousand dollars ($5,000) or more to an individual for his or
5her appearance in an advertisement to support or oppose the
6qualification, passagebegin insert,end insert or defeat of a ballot measure shall file a
7report within 10 days of the expenditure.begin delete The reportend delete

begin insert

8(2) A committee that makes an expenditure of any amount to an
9individual for his or her appearance in an advertisement to support
10or oppose the qualification, passage, or defeat of a ballot measure
11shall file a report within 10 days of the expenditure if the
12advertisement states or otherwise communicates that the individual
13is a practitioner or member of a profession having expertise or
14specialized knowledge relating to the subject of the measure.

end insert

begin insert end insert
P3    1begin insert(b)end insertbegin insertend insertbegin insertA report required by subdivision (a) end insertshall identify the
2measure, the date of the expenditure, the name of the recipient,
3and the amount expended.

begin delete

4(b) The advertisement

end delete

5begin insert (c)end insertbegin insertend insertbegin insertAn advertisement for which a report is required by
6subdivision (a)end insert
shall include the statement “(spokesperson’s name)
7is being paid by this campaign or its donors” in highly visible
8roman font shown continuouslybegin insert,end insert if the advertisement consists of
9printed or televised material, or spoken in a clearly audible formatbegin insert,end insert
10 if the advertisement is a radio broadcast or telephone message.

11begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.

end insert
20begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that this bill furthers
21the purposes of the Political Reform Act of 1974 within the meaning
22of subdivision (a) of Section 81012 of the Government Code.

end insert
begin delete
23

SECTION 1.  

Section 84200 of the Government Code is
24amended to read:

25

84200.  

(a) Except as provided in paragraphs (1), (2), and (3),
26elected officers, candidates, and committees pursuant to subdivision
27(a) of Section 82013 shall file semiannual statements each year no
28later than July 31 for the period ending June 30, and no later than
29January 31 for the period ending December 31.

30(1) A candidate who, during the past six months has filed a
31declaration pursuant to Section 84206 shall not be required to file
32a semiannual statement for that six-month period.

33(2) Elected officers whose salaries are less than two hundred
34dollars ($200) a month, judges, judicial candidates, and their
35controlled committees shall not file semiannual statements pursuant
36to this subdivision for any six-month period in which they have
37not made or received any contributions or made any expenditures.

38(3) A judge who is not listed on the ballot for reelection to, or
39recall from, an elective office during a calendar year shall not file
P4    1semiannual statements pursuant to this subdivision for any
2six-month period in that year if both of the following apply:

3(A) The judge has not received any contributions.

4(B) The only expenditures made by the judge during the calendar
5year are contributions from the judge’s personal funds to other
6candidates or committees totaling less than one thousand dollars
7($1,000).

8(b) All committees pursuant to subdivision (b) or (c) of Section
982013 shall file campaign statements each year no later than July
1031 for the period ending June 30, and no later than January 31 for
11the period ending December 31, if they have made contributions
12or independent expenditures, including payments to a slate mailer
13organization, during the six-month period before the closing date
14of the statements.

end delete


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