BILL NUMBER: SB 52 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 18, 2014
AMENDED IN SENATE MAY 16, 2013
AMENDED IN SENATE MAY 7, 2013
AMENDED IN SENATE APRIL 24, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senators Leno and Hill
(Principal coauthors: Senators Correa and DeSaulnier)
(Principal coauthor: Assembly Member Fong)
(Coauthors: Senators Block, Hancock, and Wolk)
(Coauthors: Assembly Members Ammiano , Buchanan, and
Wieckowski)
DECEMBER 20, 2012
An act to amend Sections 84505 and 85310 ,
84506, and 84508 of, to add Sections 84506.1,
84506.2, 84506.3, and 84506.4 Sections 84503.1,
84503.2, 84503.3, 84503.4, and 84503.5 to, to repeal Sections
84502 , 84503, and 84504 of, and to repeal and add
Sections 84501, 84506, 84506.5, 84508, and 84509
84502, and 84503 of, the Government Code, relating to the
Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 52, as amended, Leno. Political Reform Act of 1974: campaign
disclosures.
Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions and expenditures and imposing
other reporting and recordkeeping requirements on campaign
committees. Existing law additionally imposes disclosure statement
requirements with respect to advertisements supporting or opposing a
candidate or ballot measure paid for by donors making contributions
of specified amounts or by independent expenditures and defines
several terms and phrases for these purposes. Existing law makes a
knowing or willful violation of the Political Reform Act of 1974 a
misdemeanor and subjects offenders to criminal penalties.
This bill would repeal and recast several definitions. The bill
would repeal a committee identification requirement and the
a disclosure statement requirements
requirement relating to advertisements for or
against any ballot measure paid for by any person whose
cumulative contributions are $50,000 and advertisements paid for by
an independent expenditure by a committee . The
bill would impose new disclosure statement requirements for political
advertisements regarding a ballot measure that are radio
advertisements, prerecorded telephonic messages, television or video
advertisements, or mass mailing or print advertisements that would
require the identification of identifiable contributors, ballot
measures, and other funding details, as specified. The bill
would also require a committee, in prescribed circumstances, to
establish and maintain a disclosure Internet Web site for the purpose
of making a contribution disclosure statement. By
introducing new disclosure requirements, the violation of which would
be a misdemeanor, the bill would create a new crime, thereby
imposing a state-mandated local program.
Existing law requires a person who makes a payment or promise of
payment totaling $50,000 or more for a communication that identifies,
but does not advocate the election or defeat of, a candidate for
elective state office, and that is disseminated within 45 days of an
election, to file a disclosure report with the Secretary of State.
This bill would reduce the payment threshold to $10,000 and change
the communication dissemination period to the period beginning 120
days before the primary or special election and ending on the date of
the general or runoff election.
Existing law creates the Fair Political Practices Commission, and
gives it primary responsibility for the impartial, effective
administration and implementation of the Political Reform Act of
1974.
The bill would require the Fair Political Practices Commission to
promulgate regulations related to the reporting and tracking of funds
transferred by an identifiable contributor to committees and persons
by January 1, 2016. The bill would authorize the Commission to
promulgate regulations to require disclosures on all forms of
advertisements regarding ballot measures not covered by the act, as
specified.
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.
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 1. This act shall be known as the California Disclose Act.
SEC. 2. The Legislature finds and declares all of
the following:
(a) Ever-increasing amounts of funds are raised and spent in
support of and opposition to state and local ballot measures,
especially in the form of advertisements. The outcomes of such
elections are disproportionately impacted by whichever side is able
to raise and spend the most money to advance its position.
(b) Ever-increasing amounts of funds are spent on campaigns by
persons who do one or more of the following:
(1) Frequently use their wealth to fund local and state ballot
measures designed to advance their own economic interests.
(2) Increasingly avoid having their identities disclosed in
election-related advertisements by channeling funds through one or
more persons before those funds are received by a committee, thereby
undermining the purpose and intent of laws requiring disclosure on
such advertisements.
(3) Spend extraordinary amounts of money running election-related
advertisements while hiding behind dubious and misleading names,
including, but not limited to, advertisements by primarily formed
committees and general purpose committees.
(4) Increasingly evade disclosure by funding advertisements
designed to persuade voters without expressly advocating support or
opposition.
(c) The activities described in subdivision (b) cause the public
to become increasingly disaffected with the democratic process,
discouraging participation in elections and coloring public
perceptions of the legitimacy and integrity of state and local
government.
(d) The people of California and their government officials have a
compelling interest in knowing the true and original source of
committee funding and receiving clear information identifying the
largest original contributors responsible for political
advertisements funded by such committees.
(e) The disclosure of original contributors on advertisements
serves the following important governmental and societal purposes:
(1) Providing the people and government officials current and
easily accessible information regarding who is funding advertisements
that are intended to influence their votes on ballot measures.
(2) Enabling the people and government officials to identify
potential bias in advertisements to assist them in making more
informed decisions and giving proper weight to different speakers and
messages.
(3) Deterring actual corruption and avoiding the appearance of
corruption by providing increased transparency of contributions and
expenditures.
(4) Improving the people's confidence in the democratic process
and increasing their motivation to actively participate in that
process by regular voting and other forms of civic engagement.
(5) Promoting compliance with and detecting violations of the
Political Reform Act of 1974 (Title 9 (commencing with Section 81000)
of the Government Code), while also addressing the problems and
advancing the state interests described in that act.
SEC. 2. SEC. 3. Section 84501 of the
Government Code is repealed.
SEC. 3. SEC. 4. Section 84501 is
added to the Government Code, to read:
84501. For purposes of this article, the following terms have the
following meanings:
(a) (1) "Advertisement" means a any
general or public advertisement communication
that is any either of the
following:
(A) Authorized and paid for by a person or
committee for the purpose of supporting or opposing a candidate for
elective office or a ballot measure or ballot measures
.
(B) An electioneering A ballot measure
advocacy communication supporting or opposing the
qualification, passage, or defeat of a ballot measure .
(C) An issue advocacy advertisement.
(2) "Advertisement" does not include a communication from
an organization other than a political party to its members, a
campaign button smaller than 10 inches in diameter, a bumper sticker
smaller than 60 square inches, or other advertisement as determined
by regulations of the Commission. any of the
following:
(A) A communication from an organization, other than a political
party, to its members.
(B) A campaign button smaller than 10 inches in diameter; a bumper
sticker smaller than 60 square inches; or a small tangible
promotional item, including, but not limited to, a pen, pin, or key
chain, upon which the disclosures required by this article cannot be
conveniently printed or displayed.
(C) Clothing apparel.
(D) Sky writing.
(E) An electronic media communication, if inclusion of the
disclosures required by this article is impracticable or would
severely interfere with the committee's ability to convey the
intended message because of the nature of the technology used to make
the communication.
(F) Any other communication as determined by regulations of the
Commission.
(b) "Cumulative contributions" means the cumulative amount of
contributions received by a committee beginning 18
12 months prior to the date the committee made its first
expenditure for a political advertisement or for
the purpose of qualifying, supporting,
supporting or opposing a candidate for elective office or
a ballot measure for the purpose of
qualification, passage, or defeat of a ballot measure, and ending
seven days before the time the advertisement is disseminated or
broadcast .
(c) "Disclosure Internet Web site" means a committee's Internet
Web site for a specific campaign that discloses the top identifiable
contributors to that committee for that campaign, as described in
Section 84506.3.
(d) "Disclosure threshold" means ten thousand dollars ($10,000) in
the case of a campaign regarding a statewide ballot measure or a
state candidate or in the case of a statewide issue advocacy
advertisement, or two thousand dollars ($2,000) in the case of a
campaign regarding a local ballot measure or a local candidate or in
the case of a local issue advocacy advertisement.
(e) "Electioneering communication" means a communication described
in subdivision (a) of Section 85310.
(f)
(c) "Identifiable contributor" means a person that is
the original source of funds for contributions received by
a committee that cumulatively meet or exceed the disclosure
threshold total fifty thousand dollars ($50,000) or
more , notwithstanding the fact that the contributions were
transferred, in whole or in part, through one or more other
committees or persons.
(g) "Issue advocacy advertisement" means an advertisement that
clearly refers to and reflects a view on the subject matter,
description, or name of a pending legislative action, administrative
action, or one or more ballot measures and does any of the following:
(1) Can only be reasonably interpreted as an appeal for the
recipient of the advertisement to take action by contacting an
employee or elected official of the state government or any local
government or encouraging others to contact those persons.
(2) Refers to a pending legislative action and is disseminated,
broadcast, or otherwise communicated within 60 days of the end of the
legislative session.
(3) Refers to one or more ballot measures and is disseminated,
broadcast, or otherwise communicated within 120 days of the election
concerning that measure or measures.
(h) "Political advertisement" means an advertisement, unless it is
paid for by a candidate-controlled committee and is an advertisement
relating to the candidate's own election and not for any other
campaign.
SEC. 4. SEC. 5. Section
84502 of the Government Code is repealed.
SEC. 6. Section 84502 is added to the
Government Code , to read:
84502. On or before January 1, 2016, the Commission shall
promulgate regulations, in furtherance of the purposes of this
article, related to the reporting and tracking of funds transferred
by an identifiable contributor to committees and other persons.
SEC. 5. SEC. 7. Section 84503 of the
Government Code is repealed.
SEC. 8. Section 84503 is added to the
Government Code , to read:
84503. (a) An advertisement regarding a ballot measure,
disseminated by a political party or candidate-controlled committee,
that is a radio advertisement or prerecorded telephonic message shall
include a disclosure statement at the beginning or end of the
advertisement read in a clearly spoken manner and in a pitch and tone
substantially similar to the rest of the advertisement that reads as
follows: "Paid for by name of the committee that paid for the
advertisement]."
(b) (1) An advertisement regarding a ballot measure, disseminated
by a committee other than a political party or candidate-controlled
committee, that is a radio advertisement or prerecorded telephonic
message shall include a disclosure statement at the beginning or end
of the advertisement read in a clearly spoken manner and in a pitch
and tone substantially similar to the rest of the advertisement that
reads as follows: "This ad has major funding from state names in
descending order of identifiable contributors who have made the two
largest cumulative contributions to the committee that paid for the
advertisement]. Paid for by name of the committee that paid for the
advertisement]."
(2) If there is only one identifiable contributor or the
advertisement lasts 15 seconds or less, the disclosure statement
required by paragraph (1) shall be adjusted to read as follows: "This
ad has major funding from state name of identifiable contributor who
made the largest cumulative contributions to the committee that paid
for the advertisement]. Paid for by name of the committee that paid
for the advertisement]."
(3) If there are no identifiable contributors to the committee
that paid for the advertisement, the advertisement may replace the
disclosure statement required by paragraph (1) with the following:
"Paid for by name of the committee that paid for the advertisement]."
(4) If the content of the advertisement names each of the
identifiable contributors required to be named pursuant to paragraphs
(1) and (2) as top funders of the advertisement, it may replace the
disclosure statement required by paragraph (1) with the following:
"Paid for by name of the committee that paid for the advertisement]."
SEC. 9. Section 84503.1 is added to the
Government Code , to read:
84503.1. (a) An advertisement regarding a ballot measure,
disseminated by a political party or candidate-controlled committee,
that is a television or video advertisement shall include a
disclosure area with a solid black background on the entire bottom
one-third of the television or video display screen at the beginning
or end of the advertisement for a minimum of five seconds in the case
of an advertisement that lasts 30 seconds or less or a minimum of 10
seconds in the case of an advertisement that lasts longer than 30
seconds. The disclosure area shall include the following text: "Paid
for by name of the committee that paid for the advertisement]." The
text shall be in a contrasting color in Arial Narrow equivalent type,
and the type size shall be at least 4 percent of the height of the
television or video display screen and shall be centered
horizontally.
(b) An advertisement regarding a ballot measure, disseminated by a
committee other than a political party or candidate-controlled
committee, that is a television or video advertisement shall include
a disclosure area with a solid black background on the entire bottom
one-third of the television or video display screen at the beginning
or end of the advertisement for a minimum of five seconds in the case
of an advertisement that lasts 30 seconds or less or a minimum of 10
seconds in the case of an advertisement that lasts longer than 30
seconds. The disclosure area shall include all of the following:
(1) The text "Ad Paid for by a Committee whose Top Funders are:".
The text shall be located at the top of the disclosure area and
centered horizontally, shall be in a contrasting color in Arial
Narrow equivalent type, and the type size shall be at least 4 percent
of the height of the television or video display screen.
(2) Immediately below the text described in paragraph (1), the
names of the identifiable contributors who have made the three
largest cumulative contributions to the committee that paid for the
advertisement. The identifiable contributors shall each be disclosed
on a separate horizontal line, in descending order, beginning with
the identifiable contributor who made the largest cumulative
contributions on the first line. The name of each of the identifiable
contributors shall be centered horizontally in the disclosure area.
The text shall be in a contrasting color in Arial Narrow equivalent
type, and the type size shall be at least 4 percent of the height of
the television or video display screen.
(3) The text "Funding Details At insert Commission Internet Web
site address with information required to be posted pursuant to
Section 84223]." The text shall be in a contrasting color in Arial
Narrow equivalent type, and the type size shall be at least 2.5
percent of the height of the television or video display screen. The
text shall be right-aligned and located in a position that is at
least 2.5 percent of the height of the television or video display
screen away from the bottom right of the television or video display
screen.
(4) The text "Paid for by name of the committee that paid for the
advertisement]." The text shall be in a contrasting color in Arial
Narrow equivalent type, and the type size shall be at least 4 percent
of the height of the television or video display screen. The text
shall be left-aligned and located in a position that is vertically at
least 2 percent of the height of the television or video display
screen away from the bottom left of the television or video display
screen.
(5) If there are fewer than three identifiable contributors to the
committee that paid for the advertisement, the disclosure statement
required by this subdivision shall be adjusted accordingly to
disclose only those that qualify as identifiable contributors, if
any. If the committee does not have any identifiable contributors,
the text required by paragraph (1) shall be adjusted to read "Ad Paid
for by" and the name of the committee shall be printed immediately
below it, centered horizontally. The text shall be in a contrasting
color in Arial Narrow equivalent type, and the type size shall be at
least 4 percent of the height of the television or video display
screen.
SEC. 10. Section 84503.2 is added to the
Government Code , to read:
84503.2. (a) An advertisement regarding a ballot measure,
disseminated by a political party or candidate-controlled committee,
that is a mass mailing or a print advertisement designed to be
distributed personally shall include a disclosure area on the outside
display surface of the mass mailing or print advertisement that
reads as follows: "Paid for by name of the committee that paid for
the advertisement]." The text shall be in an Arial Narrow equivalent
type with a type size of at least 10-point in a color or print that
contrasts with the background so that it is easily read.
(b) An advertisement regarding a ballot measure, disseminated by a
committee other than a political party or candidate-controlled
committee, that is a mass mailing or a print advertisement designed
to be distributed personally shall include a disclosure area on the
largest page of the mass mailing or print advertisement that
satisfies all of the following requirements:
(1) The disclosure area shall have a solid white background so as
to be easily legible, and shall be in a printed or drawn box on the
bottom of the page that is set apart from any other printed matter.
All text in the disclosure area shall be black in color. The text in
the disclosure area shall be written in the same direction as the
text or graphics on the majority of the page that has the disclosure.
(2) The text "Ad Paid for by a Committee whose Top Funders are"
shall be located at the top of the disclosure area and centered
horizontally in the disclosure area. The text shall be in an Arial
Narrow equivalent type with a type size of at least 12-point for
advertisements smaller than 93 square inches and at least 14-point
for advertisements that are equal to, or larger than, 93 square
inches.
(3) Immediately below the text described in paragraph (2) shall be
the names of the identifiable contributors who have made the three
largest cumulative contributions to the committee that paid for the
advertisement. The identifiable contributors shall each be disclosed
on a separate horizontal line, in descending order, beginning with
the identifiable contributor who made the largest cumulative
contributions on the first line. The name of each of the identifiable
contributors shall be centered horizontally in the disclosure area.
The text shall identify each identifiable contributor in an Arial
Narrow equivalent type with a type size of at least 10-point for
advertisements smaller than 93 square inches and at least 12-point
for advertisements that are equal to, or larger than, 93 square
inches.
(A) If the advertisement is four inches tall or less, it need only
show the names of the identifiable contributors who have made the
two largest cumulative contributions.
(B) If the advertisement is three inches tall or less, it need
only show the name of the identifiable contributor who made the
largest cumulative contributions, and the text required by paragraph
(2) shall read "Ad Paid for by a Committee whose Top Funder is."
(4) Immediately below the text described in paragraph (3), the
text "Funding Details At insert Commission Internet Web site address
with information required to be posted pursuant to Section 84223]."
The text shall be in an Arial Narrow equivalent type with at least
10-point type size for advertisements smaller than 93 square inches
and at least 12-point type size for advertisements that are equal to,
or larger than, 93 square inches. This text shall not be required if
the advertisement is five inches tall or less.
(5) The text "Paid for by name of the committee that paid for the
advertisement]" shall be located at the bottom of the disclosure area
and shall be in an Arial Narrow equivalent type with at least
8-point type size for pages smaller than 8.5 inches and at least
10-point type size for pages that are equal to, or larger than, 8.5
inches by 11 inches.
(6) If there are fewer than three identifiable contributors to the
committee that paid for the advertisement, the disclosure shall be
adjusted accordingly to disclose the qualifying identifiable
contributors, if any. If the committee does not have any identifiable
contributors, the disclosures described in paragraphs (2) and (3)
are not required.
SEC. 11. Section 84503.3 is added to the
Government Code , to read:
84503.3. The Commission may promulgate regulations to require
disclosures on all forms of advertisements regarding ballot measures
not covered by this article, including, but not limited to,
electronic media advertisements and billboards. If feasible, the
regulations shall require the listing of the name of the committee
and as many of the three identifiable contributors that made the
largest cumulative contributions as possible in a conspicuous manner,
unless the committee that paid for the advertisement is a political
party or candidate-controlled committee, in which case only the name
of the committee must be shown. This disclosure area shall occupy no
more than 10 percent of the advertisement.
SEC. 12. Section 84503.4 is added to the
Government Code , to read:
84503.4. (a) The disclosure of the name of an identifiable
contributor required by this article need not include such legal
terms as "incorporated," "committee," "political action committee,"
or "corporation," or their abbreviations, unless the term is part of
the contributor's name in common usage or parlance.
(b) If this article requires the disclosure of the name of an
identifiable contributor that is a sponsored committee that has a
single sponsor, only the name of the committee's sponsoring
organization shall be disclosed.
(c) If the identifiable contributor is the parent of a subsidiary
corporation whose economic interest is more directly impacted than
the parent by a measure that is the subject of the advertisement,
then the subsidiary's name shall be disclosed. Disclosure of the
parent's name is optional, but shall not replace the required
disclosure of other identifiable contributors otherwise required by
this article.
(d) All disclosure text required by this article shall be
displayed in the capitalization shown in this article, such as "Ad
Paid for by a Committee whose Top Funders are". Names of identifiable
contributors and committees shall be displayed in title
capitalization (e.g. "John Smith"), except for names that are
acronyms (e.g. "ACME Hunting Supplies").
SEC. 13. Section 84503.5 is added to the
Government Code , to read:
84503.5. If the order of the identifiable contributors required
to be displayed in an advertisement pursuant to this article changes,
the disclosure in the advertisement shall be updated as follows:
(a) A television, radio, or other electronic media advertisement
shall be updated to reflect the new ordering of identifiable
contributors within seven business days, or five business days if the
change in the order of identifiable contributors occurs within 30
days of an election.
(b) A print media advertisement, including non-electronic
billboards, shall be updated to reflect the new ordering of
identifiable contributors prior to placing a new or modified order
for additional printing of the advertisement.
SEC. 6. SEC. 14. Section 84504 of
the Government Code is repealed.
SEC. 7. SEC. 15. Section 84505 of the
Government Code is amended to read:
84505. In addition to the requirements of Sections
84506, 84506.1, 84506.2, 84506.3, 84506.4, and 84506.5
84503, 84503.1, 84503.2, and 84503.3 , the committee
placing the paying for an advertisement or
persons acting in concert with that committee shall be prohibited
from creating or using a noncandidate-controlled committee or a
nonsponsored committee to avoid, or that results in the avoidance of,
the disclosure of any individual, industry, business entity,
controlled committee, or sponsored committee as a major funding
source.
SEC. 8. Section 84506 of the Government Code is
repealed.
SEC. 9. Section 84506 is added to the
Government Code, to read:
84506. (a) A political advertisement that is a radio
advertisement or prerecorded telephonic message shall include a
disclosure at the end of the advertisement read in a clearly spoken
manner and in a pitch and tone substantially similar to the rest of
the advertisement that reads as follows: "Top funders of this ad are
state names in descending order of identifiable contributors who have
made the three largest cumulative contributions]. Paid for by name
of the committee that paid for the advertisement]."
(b) If there are fewer than three identifiable contributors, the
disclosure required by subdivision (a) shall be adjusted accordingly
to disclose the
qualifying identifiable contributors, if any.
(c) If there is only one identifiable contributor or the
advertisement lasts 15 seconds or less, the disclosure required by
subdivision (a) shall be adjusted to read as follows: "Top funder of
this ad is state name of identifiable contributor who made the
largest cumulative contributions]. Paid for by name of the committee
that paid for the advertisement]."
(d)
If there are no identifiable contributors or the committee that
paid for the advertisement is the only identifiable contributor, it
may replace the disclosure required by subdivision (a) with the
following: "Paid for by name of the committee that paid for the
advertisement]."
(e) If the advertisement names each of the identifiable
contributors required to be named pursuant to subdivisions (a) to
(c), inclusive, and identifies the speaker as speaking on behalf of
them, it may replace the disclosure required by subdivision (a) with
the following: "Paid for by name of the committee that paid for the
advertisement]."
(f) The disclosures specified in subdivision (a) shall not be
required if the committee paying for the political advertisement does
not have cumulative contributions that meet or exceed the disclosure
threshold.
SEC. 10. Section 84506.1 is added to the
Government Code, to read:
84506.1. (a) A political advertisement that is a television or
video advertisement shall include a disclosure area with a solid
black background on the entire bottom one-third of the television or
video display screen at the beginning of the advertisement for a
minimum of five seconds in the case of an advertisement that lasts 30
seconds or less or a minimum of 10 seconds in the case of an
advertisement that lasts longer than 30 seconds. The disclosure area
shall include all of the following:
(1) The text "Top Funders of This Ad." The text shall be located
at the top of the disclosure area and centered horizontally, shall be
yellow in color in Arial equivalent type, and the type size shall be
at least 4 percent of the height of the television or video display
screen.
(2) Immediately below the text described in paragraph (1), the
names of the identifiable contributors who have made the three
largest cumulative contributions. The identifiable contributors shall
each be disclosed on a separate horizontal line, in descending
order, beginning with the identifiable contributor who made the
largest cumulative contributions on the first line. The name of each
of the identifiable contributors shall be centered horizontally. The
text shall be white in color in Arial Narrow equivalent type and the
type size shall be at least 4 percent of the height of the television
or video display screen.
(3) The text "Funding Details At insert Internet Web site address
of the disclosure Internet Web site]." The text shall be yellow in
color in Arial Narrow equivalent type and the type size shall be
equivalent to 2.5 percent of the height of the television or video
display screen. The text shall be left-aligned and located in a
position that is 2.5 percent of the height of the television or video
display screen away from the bottom left of the television or video
display screen.
(4) The text "Paid for by name of the committee that paid for the
advertisement]." The text shall be yellow in color in Arial Narrow
equivalent type and the type size shall be equivalent to 2.5 percent
of the height of the television or video display screen. The text
shall be right-aligned and located in a position that is vertically
2.5 percent of the height of the television or video display screen
away from the bottom right of the television or video display screen.
(5) If there are fewer than three identifiable contributors, the
disclosure required by this subdivision shall be adjusted accordingly
to disclose only those that qualify as identifiable contributors, if
any. If the committee does not have any identifiable contributors,
the disclosure shall be adjusted to include the name of the committee
in place of the names of identifiable contributors.
(b) The disclosures described in subdivision (a) shall not be
required if the committee paying for the political advertisement does
not have cumulative contributions that meet or exceed the disclosure
threshold.
SEC. 11. Section 84506.2 is added to the
Government Code, to read:
84506.2. (a) Except for slate mailers, a political advertisement
that is a mass mailing or a print advertisement and that is 12 square
inches or more in size shall include a disclosure area on the
largest page of the mass mailing or print advertisement that
satisfies all of the following:
(1) The disclosure area shall have a solid white background so as
to be easily legible, and shall be in a printed or drawn box on the
bottom of the page that is set apart from any other printed matter.
All text in the disclosure area shall be black in color.
(2) The text "Top Funders of This Ad" shall be located at the top
of the disclosure area and centered horizontally in the disclosure
area. The text shall be in an Arial equivalent type with a type size
of at least 12-point for advertisements smaller than 93 square inches
and at least 14-point for advertisements that are equal to, or
larger than, 93 square inches.
(3) Immediately below the text described in paragraph (2) shall be
the names of the identifiable contributors who have made the three
largest cumulative contributions. The identifiable contributors shall
each be disclosed on a separate horizontal line, in descending
order, beginning with the identifiable contributor who made the
largest cumulative contributions on the first line. The name of each
of the identifiable contributors shall be centered horizontally in
the disclosure area. The text shall identify each identifiable
contributor in an Arial Narrow equivalent type with a type size of at
least 10-point for advertisements smaller than 93 square inches and
at least 12-point for advertisements that are equal to, or larger
than, 93 square inches.
(A) If the advertisement is 4 inches tall or less, it need only
show the names of the identifiable contributors who have made the two
largest cumulative contributions.
(B) If the advertisement is 3 inches tall or less, it need only
show the name of the identifiable contributor who made the largest
cumulative contribution, and the text required by paragraph (2) may
say "Top Funder of This Ad."
(4) Immediately below the text described in paragraph (3), the
text "Funding Details At insert Internet Web site address of the
disclosure Internet Web site]." The text shall be in an Arial Narrow
equivalent type with at least 10-point type size for advertisements
smaller than 93 square inches and at least 12-point type size for
advertisements that are equal to, or larger than, 93 square inches.
This text shall not be required if the advertisement is 5 inches tall
or less.
(5) The text "Paid for by name of the committee that paid for the
advertisement]." The text shall be located at the bottom of the
disclosure area and shall be in an Arial Narrow equivalent type with
at least 8-point type size for pages smaller than 8.5 inches and at
least 10-point type size for pages that are equal to, or larger than,
8.5 inches by 11 inches.
(6) If there are fewer than three identifiable contributors, the
disclosure shall be adjusted accordingly to disclose the qualifying
identifiable contributors, if any. If the committee does not have any
identifiable contributors, the disclosure shall be adjusted to
include the name of the committee in place of the names of
identifiable contributors.
(b) The disclosures described in subdivision (a) shall not be
required if the committee paying for the political advertisement does
not have cumulative contributions that meet or exceed the disclosure
threshold.
SEC. 12. Section 84506.3 is added to the
Government Code, to read:
84506.3. A committee that has paid for political advertisements
and that has received cumulative contributions that meet or exceed
the disclosure threshold shall establish and maintain a disclosure
Internet Web site. If the committee has an Internet Web site, that
Internet Web site may also serve as the disclosure Internet Web site.
The homepage of the disclosure Internet Web site and any landing
pages that visitors are directed to on the disclosure Internet Web
site and any other Internet Web sites maintained by the committee
shall include a disclosure area that satisfies all of the following:
(a) The disclosure area shall be at least 250 pixels wide and
visible upon landing on the Internet Web site's homepage. The
disclosure area shall have a white background and a border that is
dark in color.
(b) The disclosure area shall include the text "Top Funders of
This Committee" located at the top of the disclosure area and
centered horizontally in the disclosure area. The text shall be black
in color in an Arial equivalent type and shall be at least 10-point
type size.
(c) Immediately below the text described in subdivision (b), the
disclosure area shall include a list of the identifiable contributors
who have made the 10 largest cumulative contributions to the
committee. Each identifiable contributor shall be disclosed on a
separate horizontal line, in descending order, beginning with the
identifiable contributor who made the largest cumulative
contributions on the first line. The text shall be black in color in
an Arial Narrow equivalent type and shall be at least 9-point type
size.
(d) (1) The disclosure area shall include a hyperlink to another
page on the disclosure Internet Web site that lists all of the
committee's identifiable contributors. The hyperlink shall be labeled
"More funding info" and shall be a standard hyperlink centered at
the bottom of the disclosure area that is displayed as blue
underlined text in Arial equivalent type in at least 9-point type
size.
(2) The hyperlinked page on the disclosure Internet Web site shall
have a title that reads "Large Funders of this Committee." The
linked page shall disclose each identifiable contributor of the
committee on a separate horizontal line, in descending order,
beginning with the identifiable contributor that had the largest
cumulative contribution on the first line. Each line shall show the
name of the identifiable contributor and the amount of its cumulative
contributions, current within three business days. These disclosures
shall be clear and shall be the only content on the page other than
the disclosure Internet Web site's standard navigation features.
(e) If there are fewer than 10 identifiable contributors, the
disclosure area shall be adjusted accordingly to disclose the
qualifying identifiable contributors, if any. If the committee does
not have any identifiable contributors, the disclosure area shall be
adjusted to include the name of the committee in place of the names
of identifiable contributors.
(f) Every page of an Internet Web site maintained by a committee
that has paid for political advertisements and that has cumulative
contributions that meet or exceed the disclosure threshold shall
include the statement "Paid for by name of the committee that paid
for the advertisement]" and any other identifying information
specified by the Commission. The text shall have a solid white
background so as to be easily legible, and shall be in a printed or
drawn box on the bottom of the page that is set apart from any other
printed matter. The text shall be black in color in an Arial Narrow
equivalent type and shall be at least 8-point type size.
SEC. 13. Section 84506.4 is added to the
Government Code, to read:
84506.4. The Commission may promulgate regulations to require
disclosures on all forms of political advertisements not covered by
this article, including, but not limited to, electronic media
advertisements and billboards. If feasible, the regulations shall
require the listing of the name of the committee and as many of the
three identifiable contributors that made the largest cumulative
contributions as possible in a conspicuous manner. This disclosure
area shall occupy no more than 10 percent of the advertisement. If
the advertisement medium allows, the disclosure area shall contain a
hyperlink to the disclosure Internet Web site.
SEC. 14. Section 84506.5 of the Government Code
is repealed.
SEC. 15. Section 84506.5 is added to the
Government Code, to read:
84506.5. The Commission shall promulgate regulations to require
disclosure of the name of the committee, if feasible, on all
advertisements that are paid for by a candidate-controlled committee
and that are advertisements relating to the candidate's own election
and not for any other campaign.
SEC. 16. Section 84506 of the
Government Code is amended to read:
84506. (a) An advertisement supporting or opposing a
candidate or ballot measure, candidate, that is
paid for by an independent expenditure, shall include a disclosure
statement that identifies both of the following:
(1) The name of the committee making the independent expenditure.
(2) The names of the persons from whom the committee making the
independent expenditure has received its two highest cumulative
contributions of fifty thousand dollars ($50,000) or more during the
12-month period prior to the expenditure. If the committee can show,
on the basis that contributions are spent in the order they are
received, that contributions received from the two highest
contributors have been used for expenditures unrelated to the
candidate or ballot measure featured in the communication, the
committee shall disclose the contributors making the next largest
cumulative contributions of fifty thousand dollars ($50,000) or more.
(b) If an acronym is used to identify any committee names required
by this section, the names of any sponsoring organization of the
committee shall be printed on print advertisements or spoken in
broadcast advertisements.
SEC. 16. Section 84507 of the Government Code
is repealed.
SEC. 17. Section 84508 of the Government Code
is repealed.
SEC. 18. Section 84508 is added to the
Government Code, to read:
84508. (a) The disclosure of the name of an identifiable
contributor required by this article need not include such legal
terms as "incorporated," "committee," "political action committee,"
or "corporation," or their abbreviations, unless the term is part of
the contributor's name in common usage or parlance. This section does
not prevent a contributor from being disclosed by a name used in
common usage or parlance, including, but not limited to, an
abbreviation or acronym.
(b) If this article requires the disclosure of the name of an
identifiable contributor that is a sponsored committee, only the name
of the committee's sponsoring organization shall be disclosed.
(c) For a disclosure made pursuant to Sections 84506 to 84506.3,
inclusive, the committee name listed need not include its economic or
other special interests, nor the names of any major donors.
SEC. 17. Section 84508 of the
Government Code is amended to read:
84508. If disclosure of two major donors is required by
Sections 84503 and Section 84506, the committee
shall be required to disclose, in addition to the committee name,
only its highest major contributor in any advertisement which is:
(a) An electronic broadcast of 15 seconds or less, or
(b) A newspaper, magazine, or other public print media
advertisement which is 20 square inches or less.
SEC. 19. Section 84509 of the Government Code
is repealed.
SEC. 20. Section 84509 is added to the
Government Code, to read:
84509. If the order of the identifiable contributors required to
be displayed in an advertisement pursuant to this article changes,
the disclosure in the advertisement shall be updated as follows:
(a) A television, radio, or other electronic media political
advertisement shall be updated to reflect the new ordering of
identifiable contributors within seven business days, or five
business days if the change in the order of identifiable contributors
occurs within 30 days of an election.
(b) A print media advertisement, including nonelectronic
billboards, shall be updated to reflect the new ordering of
identifiable contributors prior to placing a new or modified order
for additional printing of the advertisement.
SEC. 21. Section 85310 of the Government Code
is amended to read:
85310. (a) A person who makes a payment or a promise of payment
totaling ten thousand dollars ($10,000) or more for a communication
that clearly identifies a candidate for elective office, but does not
expressly advocate the election or defeat of the candidate, and that
is disseminated, broadcast, or otherwise published during the period
beginning 120 days before the primary or special election and ending
on the date of the general or runoff election, shall file online or
electronically with the Secretary of State a report disclosing the
name of the person, address, occupation, and employer, and amount of
the payment. The report shall be filed within 48 hours of making the
payment or the promise to make the payment.
(b) (1) Except as provided in paragraph (2), if a person has
received a payment or a promise of a payment from other persons
totaling five thousand dollars ($5,000) or more for the purpose of
making a communication described in subdivision (a), the person
receiving the payments shall disclose on the report the name,
address, occupation and employer, and date and amount received from
the person.
(2) A person who receives or is promised a payment that is
otherwise reportable under paragraph (1) is not required to report
the payment if the person is in the business of providing goods or
services and receives or is promised the payment for the purpose of
providing those goods or services.
(c) A payment received by a person who makes a communication
described in subdivision (a) is subject to the limits specified in
subdivision (b) of Section 85303 if the communication is made at the
behest of the clearly identified candidate.
SEC. 22. SEC. 18. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
SEC. 23. SEC. 19. The Legislature
finds and declares that this bill furthers the purposes of the
Political Reform Act of 1974 within the meaning of subdivision (a) of
Section 81012 of the Government Code.