BILL NUMBER: AB 700 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 21, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Members Gomez and Levine
FEBRUARY 25, 2015
An act to amend Section 84511 of the Government Code, relating to
the Political Reform Act of 1974 , and declaring the urgency
thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 700, as amended, Gomez. Political Reform Act of 1974:
advertisement 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 a disclosure statement
requirement with respect to advertisements supporting or opposing a
candidate or ballot measure paid for by a committee that makes an
expenditure of $5,000 or more.
This bill would require that if the advertisement is a television
or video advertisement, the disclosure statement shall be shown
continuously.
This bill would also state the intent of the Legislature to enact
legislation that would implement a California Disclose Act.
Because a violation of the act is punishable as a misdemeanor,
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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. It is the intent of the Legislature to enact
legislation that would implement a California Disclose Act to ensure
that advertisements that seek to persuade voters to cast a vote in
favor or against ballot measures do not mislead voters as to who is
funding the campaign that paid for the advertisement.
SEC. 2. Section 84511 of the Government Code is amended to read:
84511. (a) This section applies to a committee that does either
of the following:
(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.
(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.
(b) A committee described in subdivision (a) shall file, within 10
days of the expenditure, a report that includes all of the
following:
(1) An identification of the measure that is the subject of the
advertisement.
(2) The date of the expenditure.
(3) The amount of the expenditure.
(4) The name of the recipient of the expenditure.
(5) For a committee described in paragraph (2) of subdivision (a),
the occupation of the recipient of the expenditure.
(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 or televised 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.
(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.
(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:
(A) The occupation identified in the report is substantially
similar to the occupation portrayed in the advertisement.
(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.
SEC. 3. 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. 4. 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.
SEC. 5 . This act is an urgency statute
necessary for the immediate preservation of the public peace,
health, or safety within the meaning of Article IV of the
Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to protect the interests of Californians who are
empowered with the right to vote, it is appropriate that they be duly
informed and that their constitutional right to instruct their
representative be protected. This purpose is best served by an
informed electorate and an informed press. The need for greater
transparency of campaign contributions and advertisement disclosures
is vital to the interests of the State such that this act must take
effect immediately.