BILL ANALYSIS Ó
AB 510
Page 1
ASSEMBLY THIRD READING
AB 510 (Ammiano)
As Amended January 6, 2014
2/3 vote
ELECTIONS 5-1 APPROPRIATIONS 12-2
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|Ayes:|Fong, Bonta, Hall, Perea, |Ayes:|Gatto, Bocanegra, |
| |Rodriguez | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly |Nays:|Allen, Wagner |
| | | | |
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SUMMARY : Requires an advertisement relating to a ballot measure
to include a specified disclaimer if it includes an appearance
by an individual who is paid to appear in the advertisement and
it communicates that the individual is a member of an occupation
that requires licensure or specialized training. Specifically,
this bill :
1)Requires 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, to do
both of the following:
a) File a report within 10 days of the expenditure
identifying the measure, date of the expenditure, name and
occupation of the recipient, and amount expended; and,
b) Include the following statement in the advertisement in
highly visible roman font shown continuously if the
advertisement consists of printed or televised material, or
spoken in a clearly audible format if the advertisement is
a radio broadcast or telephone message:
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Persons portraying members of an occupation in
this advertisement are compensated spokespersons
not necessarily employed in those occupations.
2)Permits a committee to apply to the Fair Political Practices
Commission (FPPC) for a waiver from the requirement to include
the statement detailed above in an advertisement. Requires
the FPPC to grant the waiver if the occupation of the
individual who is being paid to appear in the advertisement is
substantially similar to the occupation portrayed in the
advertisement and the committee submits credible documentation
of the license, certification, or other training that permits
the individual to engage in the occupation portrayed in the
advertisement.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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.
COMMENTS : According to the author, "Campaign commercials use
the professional status of commercial participants as
spokespersons in an attempt to sway the opinion of the voters by
giving the viewer the impression that professionals in that
field may be better informed than they. These spokespersons, be
they doctors, engineers, or other professionals are often
compensated by the campaign for their participation in the
commercial with the audience left knowing no better."
In 2000, the Legislature passed and the Governor signed SB 1223
(Burton), Chapter 102, Statutes of 2000, which became
Proposition 34 on the November 2000 general election ballot.
One of the provisions of Proposition 34 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, any entity that qualifies as a "committee" under
the PRA is required to itemize all expenditures of $100 or more
on periodic campaign disclosure reports. To the extent that a
committee paid a spokesperson $100 or more to appear in an
advertisement supporting or opposing a ballot measure, that
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information is already required to be reported on the
committee's campaign disclosure statements.
The primary difference between the existing "paid spokesperson"
requirement and this bill is that this bill's reporting and
disclaimer requirements apply if a person was paid any amount of
money, but only if the advertisement suggested or stated that
the person who was being paid 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 this bill's reporting and
disclosure requirements are important to ensure that voters are
not mislead into thinking that the opinions of paid
spokespersons are those of a licensed professional.
California voters passed an initiative, Proposition 9, in 1974
that created the FPPC and codified significant restrictions and
prohibitions on candidates, officeholders and lobbyists. That
initiative is commonly known as the Political Reform Act (PRA).
Amendments to the PRA that are not submitted to the voters, such
as those contained in this bill, must further the purposes of
the initiative and require a two-thirds vote of both houses of
the Legislature.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0002978