BILL NUMBER: AB 700 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 12, 2016
AMENDED IN ASSEMBLY JANUARY 7, 2016
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 Sections 82025, 84305, 84310, 84501,
84505, and 84511 , and 85704 of, to add
Sections 84504.1, 84504.2, and 84504.3 to, to repeal Sections 84506,
84507, and 84508 of, and to repeal and add Sections 84502, 84503,
84504, and 84509 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.
(1) Existing law, the Political Reform Act
of 1974, provides for the comprehensive regulation of campaign
financing and activities. The act requires a committee that supports
or opposes ballot measures to name and identify itself using a name
or phrase the clearly identifies the economic or other special
interests of its major donors of $50,000 or more. The act also
requires that if the major donors share a common employer, the
identity of the employer be disclosed.
This bill would repeal these provisions.
(2) The act defines the term "expenditure" as a payment, a
forgiveness of a loan, a payment of a loan by a third party, or an
enforceable promise to make a payment, unless it is clear from the
surrounding circumstances that it is not made for political purposes.
This bill would specify additional types of payments that are or
are not included in the definition of expenditure. The bill would
also define terms used within those provisions, including "clearly
identified" and "expressly advocates."
(3) The act prohibits a candidate, committee, or slate mailer
organization from expending campaign funds to pay for specified
telephone calls that advocate support of, or opposition to, a
candidate, ballot measure, or both, unless the name of the
organization that authorized or paid for the call is disclosed to the
recipient of the call during the course of each call.
This bill would instead make these requirements applicable to a
candidate, a candidate controlled committee established for elective
office for the controlling candidate, a political party committee,
and a slate mailer organization that expends campaign funds to pay
for such telephone calls.
(4) The act also requires advertisements, as
defined, to include prescribed disclosure statements, including,
among others, a requirement that the disclosure statement include the
names of the persons who made the 2 highest cumulative
contributions, as defined, to the committee paying for the
advertisement.
This bill would repeal and recast provisions of the act relating
to advertisement disclosure statements. Among those changes, this
bill would revise the definition of "advertisement" to exclude a
number of communications, including communications paid for by a
political party committee or person who is not a committee, and
communications that involve wearing apparel, sky writing, and certain
electronic media communications, as specified. The bill would also
replace existing advertisement disclosure statements with newly
prescribed disclosure statements that identify the name of the
committee paying for the advertisement and the top contributors of
the committee paying for the advertisement. The bill would define
"top contributors" for purposes of these provisions as the persons
from whom the committee paying for the advertisement received its 3
highest cumulative contributions, as specified. The bill would exempt
certain committees, including committees that make independent
expenditures totaling $1,000 or more in a calendar year, from the
requirement to disclose the top contributors in advertisement
disclosure statements. The bill would also prescribe location and
format criteria for the disclosure statements that is specific to
radio and telephone, television and video, print, and electronic
media advertisements.
(5) The act prohibits a person from making a contribution as an
intermediary on behalf of another person without disclosing to the
recipient of the contribution specified information about both the
intermediary and the source of the contribution. The act also
prohibits a person from making a contribution to a committee on the
condition or with the agreement that it will be contributed to a
particular candidate unless the contribution is disclosed in
compliance with those requirements for contributions made by an
intermediary.
This bill would revise the latter provision to prohibit a person
from making a contribution to a committee or candidate that is
earmarked for a contribution to another committee or candidate,
unless the contribution is disclosed in compliance with the
requirements for contributions made by an intermediary. The bill
would also describe circumstances in which a contribution is deemed
to be earmarked.
(6) 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.
(7) 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.
(8) 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. Section 82025 of the
Government Code is amended to read:
82025. (a) "Expenditure" means a payment, a
forgiveness of a loan, a payment of a loan by a third party, or an
enforceable promise to make a payment, unless it is clear from the
surrounding circumstances that it is not made for political purposes.
"Expenditure" does not include a candidate's use of his or her own
money to pay for either a filing fee for a declaration of candidacy
or a candidate statement prepared pursuant to Section 13307 of the
Elections Code. An expenditure is made on the date the payment is
made or on the date consideration, if any, is received, whichever is
earlier. A payment is made for political purposes if
it is any of the following:
(1) For the purpose of influencing or attempting to influence the
action of the voters for or against the nomination or election of a
candidate or candidates, or the qualification or passage of any
measure.
(2) Made by:
(A) A candidate, unless it is clear from surrounding circumstances
that the payment was made for personal purposes unrelated to his or
her candidacy or status as an officeholder.
(B) A controlled committee.
(C) An official committee of a political party, including a state
central committee, county central committee, assembly district
committee, or any subcommittee of such committee.
(D) An organization formed or existing primarily for political
purposes as defined in paragraph (1), including, but not limited to,
a committee sponsored by any membership organization, labor union, or
corporation.
(b) "Expenditure" includes any monetary or non-monetary payment
made by any person, who is not a person or organization described in
paragraph (2) of subdivision (a), that is used for communications
which expressly advocate the nomination, election, or defeat of a
clearly identified candidate or candidates, or the qualification,
passage, or defeat of a clearly identified ballot measure.
(c) "Clearly identified" has the following meaning:
(1) A candidate is clearly identified if the communication states
his name, makes unambiguous reference to his office or status as a
candidate, or unambiguously describes him in any manner.
(2) A group of candidates is clearly identified if the
communication makes unambiguous reference to some well-defined
characteristic of the group, even if the communication does not name
each candidate. A communication that clearly identifies a group of
candidates and expressly advocates their election or defeat is
reportable as an expenditure, but the expenditure need not be
allocated among all members of the class or group on the campaign
statement reporting the expenditure.
(3) A measure that has qualified to be placed on the ballot is
clearly identified if the communication states a proposition number,
official title, or popular name associated with the measure. In
addition, the measure is clearly identified if the communication
refers to the subject matter of the measure and either states that
the measure is before the people for a vote or, taken as a whole and
in context, unambiguously refers to the measure.
(4) A measure that has not qualified to be placed on the ballot is
clearly identified if the communication refers to the subject matter
of the measure and to the qualification drive.
(d) A communication "expressly advocates" the nomination,
election, or defeat of a candidate or the qualification, passage, or
defeat of a measure if it contains express words of advocacy such as
"vote for," "elect," "support," "cast your ballot," "vote against,"
"defeat," "reject," "sign petitions for" or, within 120 days prior to
an election in which the candidate or measure appears on the ballot,
the communication otherwise refers to a clearly identified candidate
or measure so that the communication, taken as a whole,
unambiguously urges a particular result in an election.
(1) Except for those communications paid for with public monies by
a state or local government agency and reported as specified by the
Commission, a communication, taken as a whole, unambiguously urges a
particular result in an election if it is susceptible of no
reasonable interpretation other than as an appeal to vote for or
against a specific candidate or measure. A communication is
susceptible of no reasonable interpretation other than as an appeal
to vote for or against a specific candidate or measure when, taken as
a whole, it could only be interpreted by a reasonable person as
containing an appeal to vote for or against a specific candidate or
measure because:
(A) The electoral portion of the communication is unmistakable,
unambiguous, and suggestive of only one meaning; and
(B) Reasonable minds could not differ as to whether it encourages
a vote for or against a clearly identified candidate or measure, or
encourages some other kind of action on a legislative, executive, or
judicial matter or issue, or
(C) The solicitation of funds for the communication demonstrates a
clear intent for the communication to encourage a vote for or
against a clearly identified candidate or measure.
(e) Safe Harbor. A communication does not "expressly advocate" the
nomination, election, or defeat of a candidate or the qualification,
passage, or defeat of a ballot measure, within the meaning of this
section, if:
(1) It does not mention an election, candidacy, political party
(unless required by law), opposing candidate, voting by the general
public, and does not take a position on the character,
qualifications, or fitness for office of a candidate or officeholder,
or the merits of a ballot measure; and
(2) It focuses on a legislative, executive, or judicial matter or
issue, either urging a candidate to take a particular position or
action with respect to the matter or issue, or urging the public to
adopt a particular position and to contact the candidate with respect
to the matter or issue.
SEC. 2. Section 84305 of the Government
Code is amended to read:
84305. (a) Except as provided in subdivision (b), no candidate
, candidate controlled committee established for elective office
for the controlling candidate, political party committee, or
committee shall send a mass mailing unless the name, street address,
and city of the candidate or committee are shown on the outside of
each piece of mail in the mass mailing and on at least one of the
inserts included within each piece of mail of the mailing in no less
than 6-point type which shall be in a color or print which contrasts
with the background so as to be easily legible. A post office box may
be stated in lieu of a street address if the organization's
candidate's, controlled committee's, political party
committee ' s, or committee 's
address is a matter of public record with the Secretary of State.
(b) If the sender of the mass mailing is a single candidate or
committee, the name, street address, and city of the candidate or
committee need only be shown on the outside of each piece of mail.
(c) If the sender of a mass mailing is a controlled committee, the
name of the person controlling the committee shall be included in
addition to the information required by subdivision (a).
SEC. 3. Section 84310 of the Government
Code is amended to read:
84310. (a) A candidate, candidate controlled committee
established for elective office for the controlling candidate,
political party committee, or slate mailer organization may not
expend campaign funds, directly or indirectly, to pay for telephone
calls that are similar in nature and aggregate 500 or more in number,
made by an individual, or individuals, or by electronic means and
that advocate support of, or opposition to, a candidate, ballot
measure, or both, unless during the course of each call the name of
the candidate, candidate controlled committee established for
elective office for the controlling candidate, political
party committee, committee or slate mailer organization that
authorized or paid for the call is disclosed to the recipient of the
call. Unless the organization that authorized the call and in whose
name it is placed has filing obligations under this title, and the
name announced in the call either is the full name by which the
organization or individual is identified in any statement or report
required to be filed under this title or is the name by which the
organization or individual is commonly known, the candidate,
committee, or slate mailer organization that paid for the call shall
be disclosed. This section shall not apply to telephone calls made by
the candidate, the campaign manager, or individuals who are
volunteers.
(b) Campaign and ballot measure committees are prohibited from
contracting with any phone bank vendor that does not disclose the
information required to be disclosed by subdivision (a).
(c) A candidate, committee, or slate mailer organization that pays
for telephone calls as described in subdivision (a) shall maintain a
record of the script of the call for the period of time set forth in
Section 84104. If any of the calls qualifying under subdivision (a)
were recorded messages, a copy of the recording shall be maintained
for that period.
SECTION 1. SEC. 4. Section 84501 of
the Government Code is amended to read:
84501. For purposes of this article the following terms have the
following meanings:
(a) (1) "Advertisement" means any general or public communication
which is authorized and paid for by a committee for the purpose of
supporting or opposing a candidate or candidates for elective office
or a ballot measure or ballot measures.
(2) "Advertisement" does not include any of the following:
(A) A communication paid for by a political party committee or a
candidate controlled committee established for elective office for
the controlling candidate.
(B) A communication from an organization, other than a political
party, to its members.
(C) A campaign button smaller than 10 inches in diameter; a bumper
sticker smaller than 60 square inches; or a small tangible
promotional item, such as a pen, pin, or key chain, upon which the
disclosures required by this article cannot be conveniently printed
or displayed.
(D) Wearing apparel.
(E) Sky writing.
(F) An electronic media communication where inclusion of the
disclosures required by Sections 84502, 84503, or 84506.5, 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.
(G) Any other advertisement 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 of the expenditure and ending seven days before the time the
advertisement is sent to the printer or broadcaster.
(c) (1) "Top contributors" means the persons from whom the
committee paying for an advertisement has received its three highest
cumulative contributions of fifty thousand dollars ($50,000) or more.
(2) If two or more contributors of identical amounts qualify as
top contributors, the most recent contributor of that amount shall be
listed as the top contributor in any disclosure required by Section
84503.
(3) If a contributor appears to qualify as a top contributor but
received earmarked funds to make the contribution, the person or
committee that earmarked the funds and gave those funds to the
contributor shall instead be disclosed as the top contributor if they
qualified as such. The person or committee transferring earmarked
funds shall disclose the true source of the funds to the committee
receiving the earmarked funds at the time the funds are transferred.
Funds are "earmarked" in the following circumstances:
(A) The contributor solicited and received the funds from donors
for the purpose of making a contribution to the committee paying for
the advertisement.
(B) The funds were given to the contributor subject to a
condition, agreement, or understanding with the donor that all or a
portion would be used to make a contribution to the committee paying
for the advertisement, including any circumstance where the donor
identifies the committee as a potential recipient of the contribution
and the committee in fact receives all or a portion of the donor's
contribution.
(C) The contributor had existing funds from a donor and a
subsequent agreement or understanding was reached with the donor that
all or a portion of the funds would be used to contribute to the
committee paying for the advertisement, including any circumstance
where the donor identifies the committee as a potential recipient of
the contribution and the committee in fact receives all or a portion
of the donor's contribution.
SEC. 2. SEC. 5. Section 84502 of the
Government Code is repealed.
SEC. 3. SEC. 6. Section 84502 is
added to the Government Code, to read:
84502. (a) Any advertisement paid for by a committee pursuant to
subdivision (a) of Section 82013 shall include the words "Paid for by"
followed by the name of the committee as it appears on the most
recent Statement of Organization filed pursuant to Section 84101.
(b) Any advertisement paid for by a committee as defined by
subdivision (b) or (c) of Section 82013 shall include the words "Paid
for by" followed by the name that the filer is required to use on
campaign statements pursuant to subdivision (o) of Section 84211.
SEC. 4. SEC. 7. Section 84503 of the
Government Code is repealed.
SEC. 5. SEC. 8. Section 84503 is
added to the Government Code, to read:
84503. (a) Any advertisement paid for by a committee pursuant to
subdivision (a) of Section 82013 shall include the words "This
committee has major funding from" followed by the names of the top
contributors to the committee paying for the advertisement. If fewer
than three contributors qualify as top contributors, only those
contributors that qualify shall be disclosed pursuant to this
section. If there are no contributors that qualify as top
contributors, this disclosure is not required. If the content of the
advertisement names each of the top contributors as major funding
sources of the committee, this disclosure is not required.
(b) The disclosure of a top contributor pursuant to this section
need not include legal terms such as "incorporated," "committee,"
"political action committee," or "corporation," or abbreviations of
these terms, unless the term is part of the contributor's name in
common usage or parlance.
(c) If this article requires the disclosure of the name of a top
contributor that is a committee pursuant to subdivision (a) of
Section 82013 and is a sponsored committee pursuant to 82048.7 with a
single sponsor, only the name of the single sponsoring organization
shall be disclosed.
(d) This section does not apply to a committee as defined by
subdivision (b) or (c) of Section 82013 or a political party
committee.
SEC. 6. SEC. 9. Section 84504 of the
Government Code is repealed.
SEC. 7. SEC. 10. Section 84504 is
added to the Government Code, to read:
84504. (a) An advertisement that is disseminated over the radio
or by telephonic means shall include the disclosures required by
Sections 84502, 84503, and 84506.5 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, and
shall last no less than three seconds.
(b) Notwithstanding the definition of "top contributors" in
paragraph (1) of subdivision (c) of Section 84501, radio and
prerecorded telephonic advertisements shall be required to disclose
only the single top contributor of fifty thousand dollars ($50,000)
or more.
SEC. 8. SEC. 11. Section 84504.1 is
added to the Government Code, to read:
84504.1. (a) An advertisement that is disseminated as a video,
including advertisements on television and videos disseminated over
the Internet, shall include the disclosures required by Sections
84502 and 84503 at the beginning or end of the advertisement.
(b) The disclosure required by subdivision (a) shall be written
and displayed for at least five seconds of a broadcast of thirty
seconds or less or for at least ten seconds of a broadcast that lasts
longer than thirty seconds.
(1) The written disclosure required by subdivision (a) shall
appear on a solid black background on the entire bottom one-third of
the television or video display screen and shall be in a contrasting
color in Arial equivalent type, and the type size for the tallest
letters in the written disclosure shall be exactly 4 percent of the
height of the television or video display screen. The top
contributors, if any, shall each be disclosed on a separate
horizontal line, in descending order, beginning with the top
contributor who made the largest cumulative contributions on the
first line. The name of each of the top contributors shall be
centered horizontally. If the names of the top three contributors
exceed or cause the disclosure to exceed one-third of the television
or video display screen, the percent of the height of the type size
shall be reduced to the minimum amount necessary to provide for full
disclosure of the top contributors. The written disclosures required
by Sections 84502 and 84503 shall be underlined, except for the names
of the top contributors, if any.
(2) Committees subject to Section 84223 shall include the text
"Funding Details At insert Commission Internet Web site with
information required to be posted by subdivision (c) of Section
84223]." The text shall be in contrasting color in Arial equivalent
type and the type size shall be equivalent to at least 2.5 percent of
the height of the television or video display screen.
(3) 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 top
contributors to exceed the width of the screen, the type sizes of the
name of the contributor that exceeds the width of the screen shall
be reduced until it fits 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.
SEC. 9. SEC. 12. Section 84504.2 is
added to the Government Code, to read:
84504.2. (a) A print advertisement shall include the disclosures
required by Sections 84502, 84503, and 84506.5, displayed as follows:
(1) The disclosure area shall have a solid white background and
shall be in a printed or drawn box on the bottom of at least one page
that is set apart from any other printed matter. All text in the
disclosure area shall be in contrasting color.
(2) The text shall be in an Arial equivalent type with a type size
of at least 10-point for printed advertisements designed to be
individually distributed, including, but not limited to, mailers,
flyers, and door hangers.
(3) The top contributors, if any, shall each be disclosed on a
separate horizontal line, in descending order, beginning with the top
contributor who made the largest cumulative contributions on the
first line. The name of each of the top contributors shall be
centered horizontally in the disclosure area.
(4) Immediately below the text described in paragraph (3),
committees subject to Section 84223 shall include the text "Funding
Details At insert Commission Internet Web site with information
required to be posted by subdivision (c) of Section 84223]." The text
shall be in an Arial equivalent type with a type size of at least
10-point for printed advertisements designed to be individually
distributed, including but not limited to mailers, flyers and door
hangers.
(b) Notwithstanding paragraphs (2) and (4) of subdivision (a), the
disclosure on a printed advertisement that is larger than those
designed to be individually distributed, including, but not limited
to, yard signs or billboards, shall be in Arial equivalent type with
a type size of at least 10 percent of the height of the
advertisement, and printed on a solid background with sufficient
contrast that is easily readable by the average person.
(c) Notwithstanding the definition of "top contributors" in
paragraph (1) of subdivision (c) of Section 84501, newspaper,
magazine, or other public print advertisements that are 20 square
inches or less shall be required to disclose only the single top
contributor of fifty thousand dollars ($50,000) or more.
SEC. 10. SEC. 13. Section 84504.3 is
added to the Government Code, to read:
84504.3. (a) An electronic media advertisement shall do all of
the following:
(1) Contain the disclosures required by Sections 84502, 84503, and
84506.5 in a type size and font that is easily readable by the
average viewer, visible for a period of at least four seconds and
contrasts with the background so as to be easily readable by the
average person, unless impractical.
(2) Hyperlink to an Internet Web site containing the text required
by paragraph (1).
(b) An Internet Web site that is hyperlinked to as provided for in
paragraph (2) of subdivision (a) shall remain online and available
to the public until 30 days after the date of the election where the
candidate or measure supported or opposed by the advertisement was
voted upon.
(c) An advertisement made via a form of electronic media that is
audio only and therefore cannot include either of the disclaimers in
subdivision (a) shall comply with the disclaimer requirements for
radio advertisements in Section 84504.
(d) An advertisement made via a form of electronic media that
allows users to engage in discourse and post content, or any other
type of social media, shall only be required to include the
disclaimer required by subdivision (a) on the committee's home page,
landing page, or similar location and shall not be required to
include the disclaimer required by subdivision (a) on each individual
post, comment, or other similar communication.
(e) The disclaimer required by this section does not apply to
advertisements made via social media where the only expense or cost
of the communication is compensated staff time unless the social
media account where the content is posted was created only for the
purpose of advertisements governed by this title.
SEC. 11. SEC. 14. Section 84505 of
the Government Code is amended to read:
84505. (a) In addition to the requirements of Sections 84502,
84503, and 84506.5, the committee placing the 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 top contributor.
(b) Written disclosures required by Sections 84502, 84503, and
84506.5 shall not appear in all capital letters provided, however,
capital letters shall be permitted for the beginning of a sentence,
the beginning of a proper name or location, or as otherwise required
by conventions of the English language.
SEC. 12. SEC. 15. Section 84506 of
the Government Code is repealed.
SEC. 13. SEC. 16. Section 84507 of
the Government Code is repealed.
SEC. 14. SEC. 17. Section 84508 of
the Government Code is repealed.
SEC. 15. SEC. 18. Section 84509 of
the Government Code is repealed.
SEC. 16. SEC. 19. Section 84509 is
added to the Government Code, to read:
84509. If the order of top contributors required to be disclosed
pursuant to this article changes or a new contributor qualifies as a
top contributor, the disclosure in the advertisement shall be updated
as follows:
(a) A television, radio, telephone, electronic billboard, or other
electronic media advertisement shall be updated to reflect the new
top contributors within seven business days, or five business days if
the change in top contributors occurs within 30 days of an election.
(b) A print media advertisement, including nonelectronic
billboards, shall be updated to reflect the new top contributors
prior to placing a new or modified order for additional printing of
the advertisement.
SEC. 17. SEC. 20. 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 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, except when the
disclosure statement required by Section 84504.1 is being shown.
(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 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. 21. Section 85704 of the
Government Code is amended to read:
85704. (a) A person may not make any
contribution to a committee on the condition or with the
agreement that it will be contributed any committee or
candidate that is earmarked for a contribution to any
particular other committee or candidate unless
the contribution is fully disclosed pursuant to Section 84302.
(b) For purposes of this section a contribution is earmarked if
the contribution is made under any of the following circumstances:
(1) The committee or candidate receiving the contribution
solicited the contribution for the purpose of making a contribution
to another committee or candidate, and requests the contributor to
consent to such use.
(2) The contribution was made subject to a condition, agreement,
or understanding with the donor that all or a portion of the
contribution would be used to make a contribution to another
committee or candidate including any circumstance in which the donor
identifies the committee or candidate as a potential recipient of the
contribution and the committee or candidate in fact receives all or
a portion of the donor's contribution.
(3) After the contribution was made the contributor and the
committee or candidate receiving the contribution reached a
subsequent agreement or understanding that all or a portion of the
contribution would be used to make a contribution to another
committee or candidate including any circumstance in which the donor
identifies the committee or candidate as a potential recipient of the
contribution and the committee or candidate in fact receives all or
a portion of the donor's contribution.
SEC. 18. SEC. 22. 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. 19. SEC. 23. 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. 24. 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
representatives 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.