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.
end deleteExisting law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.
end deleteThis bill would impose a state-mandated local program by creating additional crimes.
end deleteThis 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.
end insertbegin insertA 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.
end insertThe 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 84511 of the Government Code is
2amended to read:
(a) (1) A committee that makes an expenditure of five
4thousand dollars ($5,000) or more to an individual for his or her
5appearance in an advertisement to support or oppose the
P3 1qualification, passage, or defeat of a ballot measure shall file a
2report within 10 days of the expenditure.
3(2) A committee that makes an expenditure of any amount to
4an individual for his or her appearance in an advertisement to
5support or oppose the qualification, passage, or defeat of a ballot
6measure shall file a report within 10 days of the expenditure if the
7advertisement states or otherwise communicates that the individual
8is a practitioner or member of a profession having expertise or
9specialized knowledge relating to the subject of the measure.
10(b) A report required by subdivision (a) shall identify the
11measure, the date of the expenditure, the name of the recipient,
12and the amount expended.
13 (c) An advertisement for which a report is required by
14subdivision (a) shall include the statement “(spokesperson’s name)
15is being paid by this campaign or its donors” in highly visible
16roman font shown continuously, if the advertisement consists of
17printed or televised material, or spoken in a clearly audible format,
18if the advertisement is a radio broadcast or telephone message.
begin insertSection 84511 of the end insertbegin insertGovernment Codeend insertbegin insert is
20repealed.end insert
(a) A committee that makes an expenditure of five
22thousand dollars ($5,000) or more to an individual for his or her
23appearance in an advertisement to support or oppose the
24qualification, passage or defeat of a ballot measure shall file a
25report within 10 days of the expenditure. The report shall identify
26the measure, the date of the expenditure, the name of the recipient,
27and the amount expended.
28(b) The advertisement shall include the statement
29“(spokesperson’s name) is being paid by this campaign or its
30donors” in highly visible roman font shown continuously if the
31advertisement consists of printed or televised material, or spoken
32in a clearly audible format if the advertisement is a radio broadcast
33or telephone message.
begin insertSection 84511 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
35read:end insert
(a) This section applies to a committee that does either
37of the following:
38(1) Makes an expenditure of five thousand dollars ($5,000) or
39more to an individual for his or her appearance in an
P4 1advertisement that supports or opposes the qualification, passage,
2or defeat of a ballot measure.
3(2) Makes an expenditure of any amount to an individual for
4his or her appearance in an advertisement that supports or opposes
5the qualification, passage, or defeat of a ballot measure and that
6states or suggests that the individual is a member of an occupation
7that requires licensure, certification, or other specialized,
8documented training as a prerequisite to engage in that occupation.
9(b) A committee described in subdivision (a) shall file, within
1010 days of the expenditure, a report that includes all of the
11following:
12(1) An identification of the measure that is the subject of the
13advertisement.
14(2) The date of the expenditure.
15(3) The amount of the expenditure.
16(4) The name of the recipient of the expenditure.
17(5) For a committee described in paragraph (2) of subdivision
18(a), the occupation of the recipient of the expenditure.
19(c) An advertisement paid for by a committee described in
20paragraph (1) of subdivision (a) shall include a disclosure
21
statement stating “(spokesperson’s name) is being paid by this
22campaign or its donors” in highly visible roman font shown
23continuously if the advertisement consists of printed or televised
24material, or spoken in a clearly audible format if the advertisement
25is a radio broadcast or telephonic message.
26(d) (1) An advertisement paid for by a committee described in
27paragraph (2) of subdivision (a) shall include a disclosure
28statement stating “Persons portraying members of an occupation
29in this advertisement are compensated spokespersons not
30necessarily employed in those occupations” in highly visible roman
31font shown continuously if the advertisement consists of printed
32or televised material, or spoken in a clearly audible format if the
33advertisement is a radio broadcast or telephonic message.
34(2) A committee may petition the Commission for a waiver of
35the
disclosure statement required by this subdivision. The
36Commission shall grant the waiver if all of the following are
37satisfied with respect to each individual identified in the report
38filed pursuant to subdivision (b) for that advertisement:
39(A) The occupation identified in the report is substantially
40similar to the occupation portrayed in the advertisement.
P5 1(B) The committee submits credible documentation of the
2appropriate license, certification, or other training to the
3Commission as evidence that the individual may engage in the
4occupation identified in the report and portrayed in the
5advertisement.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.
The Legislature finds and declares that this bill furthers
18the purposes of the Political Reform Act of 1974 within the
19meaning of subdivision (a) of Section 81012 of the Government
20Code.
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