Amended in Assembly August 18, 2014

Amended in Assembly August 4, 2014

Amended in Assembly July 1, 2014

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

Senate Bill No. 52

Introduced by Senators Leno and Hill

(Principal coauthors: Senators Correa and DeSaulnier)

(Principal coauthor: Assembly Member Fong)

(Coauthors: Senators begin insert Beall, end insert Block, begin insert Evans, end insert Hancock, begin insert Lieu, end insert and Wolk)

(Coauthors: Assembly Members begin insert Alejo, end insert Ammiano, begin insert Bonta, end insert Buchanan, begin delete and end delete begin insert Gatto, Gonzalez, Medina, Ting, end insert Wieckowski begin insert , and Williams end insert )

December 20, 2012

An act to amend Sections 84503, 84504, 84505, 84506, and 84511 of, to add Sections 84503.1, 84503.2, 84503.3, 84503.4, and 84503.5 to, and to repeal and add Sections 84501 and 84502 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 modify a committee identification requirement and a disclosure statement requirement relating to advertisements for or against any ballot measure paid for 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. 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 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 begin delete the end delete begin insert identifying and end insert reporting begin delete and tracking of end delete begin insert persons who are the original sources of end insert funds transferred begin delete by an identifiable contributor to committees and persons end delete begin insert through committees or other persons to determine identifiable contributors end insert by January 1, 2016. The bill would require the Commission to promulgate regulations prohibiting a recipient of funds transferred by an identifiable contributor from depositing the funds until required applicable reports have been received by the recipient.

begin insert

This bill would incorporate additional changes in Section 84511 of the Government Code proposed by A.B. 510, that would become operative only if A.B. 510 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end 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.

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 campaign expenditures
in support of and opposition to those measures.

(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. 3.  

Section 84501 of the Government Code is repealed.

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 any general or public
communication that is either of the following:

(A) Authorized and paid for by a committee for the purpose of
supporting or opposing a candidate for elective office or one or
more ballot measures.

(B) A ballot measure advocacy communication that satisfies all
of the following:

(i) It is disseminated, broadcast, or otherwise communicated
within 45 days before an election.

(ii) It concerns a clearly referenced ballot measure that will
appear on the ballot at the election.

(iii) A reasonable person would interpret the overall message
of the communication as expressing support of or opposition to
the ballot measure.

(2) “Advertisement” does not include 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 12 months
prior to the date the committee made its first expenditure for the
purpose of supporting or opposing a candidate for elective office
or 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) “Identifiable contributor” means a person that is the original
source of funds for contributions received by a committee that
cumulatively 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.

SEC. 5.  

Section 84502 of the Government Code is repealed.

SEC. 6.  

Section 84502 is added to the Government Code, to
read:

84502.  

(a) On or before January 1, 2016, the Commission
shall promulgate regulations, in furtherance of the purposes of this
article, related to begin delete the end delete begin insert identifying and end insert reporting begin delete and tracking of
funds transferred by an identifiable contributor to committees and
other persons end delete begin insert persons who are the original sources of funds
transferred through committees or other persons, for the purpose
of determining the identifiable contributors required to be disclosed
on advertisements regarding ballot measures pursuant to Sections
84503.1, 84503.2, and 84503.3 end insert .

(b) The Commission shall promulgate regulations prohibiting
a recipient of funds transferred by an identifiable contributor from
depositing the funds until any applicable reports required by the
regulations promulgated pursuant to subdivision (a) have been
received by the recipient.

(c) In any action for a violation of this article brought by the
Commission against a recipient of funds transferred by an
identifiable contributor, it is a complete defense that information
provided by the identifiable contributor was incorrect and the
recipient did not know or did not have reason to know it was
incorrect.

SEC. 7.  

Section 84503 of the Government Code is amended
to read:

84503.  

(a) Except for advertisements described in Sections
84503.1, 84503.2, and 84503.3, any advertisement for or against
any ballot measure shall include a disclosure statement identifying
any person whose cumulative contributions are fifty thousand
dollars ($50,000) or more.

(b) If there are more than two donors of fifty thousand dollars
($50,000) or more, the committee is only required to disclose the
highest and second highest in that order. In the event that more
than two donors meet this disclosure threshold at identical
contribution levels, the highest and second highest shall be selected
according to chronological sequence.

SEC. 8.  

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 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 84503.2 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 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
font, 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 font, and the type size shall be equivalent to 3
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
font, and the type size shall be at least 4 percent of the height of
the television or video display screen. If using a type size of 4
percent of the height of the television or video display screen
causes the name of any of the identifiable contributors to exceed
the width of the screen, the type sizes of the names of all the
identifiable contributors shall be reduced until the names of the
identifiable contributors fit on the width of the screen, but in no
case shall the type size be smaller than 2.5 percent of the height
of the screen.

(3) 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 font, and the type size shall be equivalent
to 2 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.

(4) 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 font, and the type size shall be
at least 4 percent of the height of the television or video display
screen.

(5) In addition to the requirements specified in paragraphs (1)
to (4), inclusive, committees subject to Section 84223 shall include
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 font, 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 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.

SEC. 10.  

Section 84503.3 is added to the Government Code,
to read:

84503.3.  

(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 font 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 font 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 font 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) 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 font with at least
8-point type size for pages smaller than 93 square inches and at
least 10-point type size for pages that are equal to, or larger than,
93 square inches.

(5) 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.

(6) In addition to the requirements specified in paragraphs (1)
to (5), inclusive, committees subject to Section 84223 shall include,
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 font 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.

SEC. 11.  

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. 12.  

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 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. 13.  

Section 84504 of the Government Code is amended
to read:

84504.  

(a) Any committee that supports or opposes a ballot
measure shall print or broadcast its name as provided in this article
as part of any advertisement or other paid public statement.

(b) If candidates or their controlled committees, as a group or
individually, meet the contribution thresholds for a person, they
shall be identified by the controlling candidate’s name.

SEC. 14.  

Section 84505 of the Government Code is amended
to read:

84505.  

In addition to the requirements of Sections 84503,
84503.1, 84503.2, and 84503.3, the committee 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. 15.  

Section 84506 of the Government Code is amended
to read:

84506.  

(a) An advertisement supporting or opposing a
candidate or a ballot measure and that is paid for by an independent
expenditure shall include, except as provided in Sections 84503.1,
84503.2, and 84503.3, 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 84511 of the Government Code is amended
to read:

84511.  

(a) A committee that makes an expenditure of five
thousand dollars ($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 shall file a
report within 10 days of the expenditure. The report shall identify
the measure, the date of the expenditure, the name of the recipient,
and the amount expended.

(b) The advertisement shall include the statement
“(spokesperson’s name) is being paid by this campaign or its
donors” in highly visible roman font shown continuously if the
advertisement consists of printed material, or spoken in a clearly
audible format if the advertisement is a radio broadcast or telephone
message. If the advertisement is a television or video
advertisement, the statement shall be shown continuously, except
when the disclosure statement required by Section 84503.2 is being
shown.

begin insert

begin insert SEC. 16.5. end insert   

end insert

begin insert Section 84511 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

begin delete

84511.  

(a) A committee that makes an expenditure of five
thousand dollars ($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 shall file a
report within 10 days of the expenditure. The report shall identify
the measure, the date of the expenditure, the name of the recipient,
and the amount expended.

(b) The advertisement shall include the statement
“(spokesperson’s name) is being paid by this campaign or its
donors” 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.

end delete

begin insert

begin insert 84511. end insert   

end insert begin insert

(a) This section applies to a committee that does either
of the following:

end insert begin insert

(1) Makes an expenditure of five thousand dollars ($5,000) or
more to an individual for his or her appearance in an
advertisement that supports or opposes the qualification, passage,
or defeat of a ballot measure.

end insert begin insert

(2) 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.

end insert begin insert

(b) A committee described in subdivision (a) shall file, within
10 days of the expenditure, a report that includes all of the
following:

end insert begin insert

(1) An identification of the measure that is the subject of the
advertisement.

end insert begin insert

(2) The date of the expenditure.

end insert begin insert

(3) The amount of the expenditure.

end insert begin insert

(4) The name of the recipient of the expenditure.

end insert begin insert

(5) For a committee described in paragraph (2) of subdivision
(a), the occupation of the recipient of the expenditure.

end insert begin insert

(c) An advertisement paid for by a committee described in
paragraph (1) of subdivision (a) shall include a disclosure
statement stating “(spokesperson’s name) is being paid by this
campaign or its donors” in highly visible roman font shown
continuously if the advertisement consists of printed material, or
spoken in a clearly audible format if the advertisement is a radio
broadcast or telephonic message. If the advertisement is a
television or video advertisement, the statement shall be shown
continuously, except when the disclosure statement required by
Section 84503.2 is being shown.

end insert begin insert

(d) (1) An advertisement paid for by a committee described in
paragraph (2) of subdivision (a) shall include a disclosure
statement stating “Persons portraying members of an occupation
in this advertisement are compensated spokespersons not
necessarily employed in those occupations” 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 telephonic message.

end insert begin insert

(2) A committee may omit the disclosure statement required by
this subdivision if all of the following are satisfied with respect to
each individual identified in the report filed pursuant to subdivision
(b) for that advertisement:

end insert begin insert

(A) The occupation identified in the report is substantially
similar to the occupation portrayed in the advertisement.

end insert begin insert

(B) The committee maintains credible documentation of the
appropriate license, certification, or other training as evidence
that the individual may engage in the occupation identified in the
report and portrayed in the advertisement and makes that
documentation immediately available to the Commission upon
request.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

Section 16.5 of this bill incorporates amendments to
Section 84511 of the Government Code proposed by both this bill
and Assembly Bill 510. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 84511 of the Government Code,
and (3) this bill is enacted after Assembly Bill 510, in which case
Section 16 of this bill shall not become operative.

end insert

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

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.

begin delete SEC. 18. end delete
begin insert SEC. 19. end insert   

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.