BILL ANALYSIS Ó
AB 510
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Date of Hearing: January 23, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 510 (Ammiano) - As Amended: January 6, 2014
Policy Committee: ElectionsVote:5-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill amends the Political Reform Act to require reporting
and disclosure of political advertisements portraying persons in
licensed occupations. Specifically, this bill:
1)Requires a committee providing any compensation to someone for
appearing in an advertisement regarding a ballot measure that
suggests the person is a member of an occupation requiring
licensing or certification to file a report of such
expenditure with the Fair Political Practices Commission
(FPPC) within 10 days.
2)Requires an advertisement as described in (1) to include the
following disclosure statement: "Persons portraying members
of an occupation in this advertisement are compensated
spokespersons not necessarily employed in those occupations."
3)Authorizes a committee to petition the FPPC for a waiver of
the disclosure statement, and requires the commission to grant
the waiver if: (a) the occupation in the report is
substantially similar to the occupation portrayed in the
advertisement and (b) the committee submits credible
documentation that the compensated individual may engage in
the occupation portrayed in the advertisement.
FISCAL EFFECT
Ongoing General Fund costs to the FPPC of up to $70,000 for
one-half attorney position for regulations, responding to
inquiries and potential litigation, and administering waiver
requests.
AB 510
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COMMENTS
1)Background . Proposition 34, approved by the voters in November
2000, in part established new reporting and disclaimer
requirements for ballot measure advertisements that featured
paid spokespeople. Those requirements apply only when a
committee makes an expenditure of $5,000 or more to the
individual appearing in the advertisement.
Additionally, under the PRA, a committee is required to
itemize all expenditures of $100 or more on the periodic
campaign disclosure reports filed with the FPPC. To the extent
that a committee paid a spokesperson $100 or more to appear in
an advertisement supporting or opposing a ballot measure, such
information is therefore already report on the committee's
campaign disclosure statements.
2)Purpose . Under AB 510, the reporting and disclaimer
requirements will apply if a person was paid any amount of
money, but only if the advertisement suggested or stated that
the person is a member of an occupation that requires
licensure, certification, or other specialized, documented
training as a prerequisite to engage in that occupation. The
author argues that these requirements are important to ensure
that voters are not mislead into thinking that the opinions of
paid spokespersons are those of a licensed professional.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081