BILL NUMBER: SB 1104 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JUNE 15, 2014
AMENDED IN SENATE MAY 15, 2014
INTRODUCED BY Senator Padilla
FEBRUARY 19, 2014
An act to add Article 6 (commencing with Section 84550) to Chapter
4 of Title 9 of the Government Code, relating to the Political
Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1104, as amended, Padilla. Political Reform Act of 1974:
campaign communication disclosure.
The Political Reform Act of 1974 regulates certain communications,
including mass mailings, slate mailers, and advertisements, by
requiring those items to include specified information and
disclosures.
This bill would require a candidate for elective state office, a
slate mailer organization, or a committee that authorizes an
expenditure for a campaign communication, as defined, to file an
electronic copy of the campaign communication with the Secretary of
State, as specified. This bill would make this requirement
operative on July 1, 2017, or on a date determined by the Secretary
of State, whichever occurs earlier. The bill would require the
Secretary of State to maintain an archive of the filed campaign
communications and to make the campaign communications available for
public inspection on his or her Internet Web site , as specified
. This bill would make these changes operative on
July 1, 2017. This bill would permit the Secretary of
State to promulgate regulations to implement these provisions.
A 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.
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. Article 6 (commencing with Section 84550) is added to
Chapter 4 of Title 9 of the Government Code, to read:
Article 6. Campaign Communication Disclosures
84550. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Campaign communication" means an advertisement, as defined in
Section 84501, that advocates support for or opposition to a
candidate for elective state office or a statewide ballot measure; a
mass mailing, as defined in Section 82041.5, that advocates support
for or opposition to a candidate for elective state office or a
statewide ballot measure; or a slate mailer, as defined in Section
82048.3, that advocates support for or opposition to a candidate for
elective state office or a statewide ballot measure.
(2) "Elective state office" has the same meaning as set forth in
Section 82024, but does not include a member elected to the Board of
Administration of the Public Employees' Retirement System or a member
elected to the Teachers' Retirement Board.
(b) (1) A candidate for elective state
office, a slate mailer organization, or a committee that authorizes
an expenditure for a campaign communication shall file an electronic
copy of the campaign communication with the Secretary of State as
follows:
(1) (A)
(A) (i) A campaign
communication that is distributed by postal mail during the period
from 90 days prior to the election at which the candidate or measure
that is the subject of the campaign communication will appear on the
ballot to the day of the election, inclusive, shall be filed not
later than 72 hours after the first distribution of the campaign
communication.
(B)
(ii) A campaign communication that is distributed in a
manner other than by postal mail during the period from 90 days prior
to the election at which the candidate or measure that is the
subject of the campaign communication will appear on the ballot to
the day of the election, inclusive, shall be filed not later than 24
hours after the first distribution of the campaign communication.
(2)
(B) A campaign communication that is distributed at any
time other than that described in paragraph (1)
subparagraph (A) shall be filed not later than five
business days after the first distribution of the campaign
communication.
(2) A candidate for elective state office, a slate mailer
organization, or a committee that files an electronic copy of a
campaign communication with the Secretary of State pursuant to this
subdivision shall identify in the filing the date the communication
was first distributed.
(3) This subdivision shall become operative on July 1, 2017, or on
a date determined by the Secretary of State, whichever occurs
earlier.
(c) The Secretary of State shall maintain an archive
electronic records of all campaign
communications that are filed pursuant to this section and shall make
the campaign communications available for public inspection on his
or her Internet Web site . as follows:
(1) A campaign communication that is filed by a candidate who is
subsequently elected to the office sought shall be available for
public inspection for the period during which the elected candidate
serves in that office.
(2) (A) Except as provided in subparagraph (B), a campaign
communication that is filed other than by a candidate who is
subsequently elected to the office sought shall be available for
public inspection for a period determined by regulations of the
Secretary of State, which in no event shall be less than five years.
(B) In the absence of regulations by the Secretary of State
establishing a period of public inspection, a campaign communication
that is filed other than by a candidate who is subsequently elected
to the office sought shall be available for public inspection for a
period of five years.
(d) Electronic records maintained pursuant to this section shall
be subject to the State Records Management Act (Article 7 (commencing
with Section 12270) of Chapter 3 of Part 2 of Division 3 of Title
2).
(e) The Secretary of State may promulgate regulations to implement
this section.
(d) This section shall become operative on July 1, 2017.
SEC. 2. 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. 3. 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.