BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          ELECTIONS AND CONSTITUTIONAL AMENDMENTS
                              Senator Ben Allen, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 700         Hearing Date:    6/21/16    
           ----------------------------------------------------------------- 
          |Author:    |Gomez                                                |
          |-----------+-----------------------------------------------------|
          |Version:   |6/20/16                                              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |Yes              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|Darren Chesin                                        |
          |           |                                                     |
           ----------------------------------------------------------------- 
          
               Subject:  Political Reform Act of 1974:  advertisement  
                                     disclosures

           DIGEST
           
          This bill changes the content and format of disclosure  
          statements required on specified campaign advertisements in a  
          manner that generally requires such disclosures to be more  
          prominent.
           ANALYSIS
           
          Existing law:  

          1)Creates the Fair Political Practices Commission (FPPC), and  
            makes it responsible for the impartial, effective  
            administration and implementation of the Political Reform Act  
            (PRA).

          2)Requires an advertisement for or against any ballot measure to  
            include a disclosure statement identifying any person whose  
            cumulative contributions are $50,000 or more.  Provides that  
            if there are more than two donors of $50,000 or more, the  
            disclosure only needs to include the highest and second  
            highest donors in that order. 

          3)Requires a committee that supports or opposes one or more  
            ballot measures to name itself using a name or phrase that  
            identifies the economic or other special interest of its major  
            donors of $50,000 or more.  Provides that if the major donors  
            of $50,000 or more share a common employer, the identity of  
            the employer must also be disclosed. 






          AB 700 (Gomez)                                          Page 2  
          of ?
          
          
          4)Requires a broadcast or mass mailing advertisement supporting  
            or opposing a candidate or ballot measure that is paid for by  
            an Independent Expenditure (IE) to include a disclosure  
            statement identifying the name of the committee making the  
            expenditure and the names of the persons from whom the  
            committee making the IE received its two highest cumulative  
            contributions of $50,000 or more during the 12-month period  
            prior to the expenditure. 

          5)Provides that when a disclosure of the top two donors is  
            required on an advertisement pursuant to either of the above  
            provisions, only the largest donor needs to be disclosed on an  
            advertisement that is an electronic broadcast of 15 seconds or  
            less or a print advertisement of 20 square inches or less. 

          6)Provides that no candidate or committee shall send a mass  
            mailing unless the 



































          AB 700 (Gomez)                                          Page 3  
          of ?
          
          

            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.  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.  If the  
            sender of a mass mailing is a controlled committee, the name  
            of the person controlling the committee shall also be  
            included.

          7)Provides that a candidate, committee, or slate mailer  
            organization may not expend campaign funds 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 entity that  
            authorized or paid for the call is disclosed to the recipient  
            of the call, as specified.  This requirement does not apply to  
            telephone calls made by the candidate, the campaign manager,  
            or individuals who are volunteers.

          8)Provides that a person may not make any contribution to a  
            committee on the condition or with the agreement that it will  
            be contributed to any particular candidate unless the  
            contribution is fully disclosed pursuant to Section 84302.

          This bill:

          1)Defines the following terms, for the purposes of this bill: 

             a)   "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 measures. "Advertisement" does  not  include any  
               of the following: 

                 i.       A communication paid for by a political party  
                   committee or a candidate controlled committee  
                   established for elective office for the controlling  
                   candidate; 






          AB 700 (Gomez)                                          Page 4  
          of ?
          
          

                 ii.      A communication from an organization, other than  
                   a political party, to its members; 


                 iii.     Various specified types of communications where  
                   the inclusion of disclosures is impractical due to the  
                   size or medium of the communication (such as a pen, or  
                   sky writing); or, 


                 iv.      Any other advertisement as determined by  
                   regulations of the FPPC. 

             a)   "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. 


             b)   "Top contributors" means the persons from whom the  
               committee paying for an advertisement has received its  
               three highest cumulative contributions of $50,000 or more,  
               as specified. 

          1)Provides that 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  
            shall be disclosed as the top contributor instead.  Requires a  
            person or committee that is transferring earmarked funds to  
            disclose the true source of the funds at the time of the  
            transfer.  Provides that funds are "earmarked," for these  
            purposes in the following circumstances:

             a)   The contributor solicited and received the funds for the  
               purpose of making a contribution to the committee paying  
               for the advertisements; 


             b)   The funds were given subject to a condition, agreement,  
               or understanding that the funds would be used to make a  
               contribution to the committee paying for the advertisement,  
               as specified; or, 


             c)   The contributor had existing funds from a donor and a  





          AB 700 (Gomez)                                          Page 5  
          of ?
          
          
               subsequent agreement or understanding was reached that all  
               or a portion of the funds would be used to contribute to  
               the committee paying for the advertisement, as specified. 

          1)Requires an advertisement, as defined, to include a disclosure  
            statement in accordance with the following: 

             a)   In the case of an advertisement paid for by a committee  
               that has not received contributions of $2,000 or more in a  
               calendar year: 

             "Paid for by [name of the committee as required to appear on  
               campaign statements]." 

             b)   In the case of an advertisement that is paid for by a  
               committee that has received contributions of $2,000 or more  
               in a calendar year: 

             "Paid for by [name of the committee as required to appear on  
               campaign statements].  This committee has major funding  
               from [names of the top contributors to the committee that  
               is paying for the advertisement]." 

             Provides that if the content of the radio advertisement or  
               electronic message names each of the top contributors as  
               major funding sources, the disclosure statement in the  
               advertisement is not required to include the portion that  
               identifies the sources of the committee's major funding.

          4)Imposes the following requirements on the disclosure  
            statements required by this bill: 

            a)  In the case of an advertisement disseminated by radio or  
              telephone, the statement must be 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 last no less than three seconds.   
              Provides that radio and prerecorded telephonic  
              advertisements are only required to disclose the single top  
              contributor of $50,000 or more. 


            b)  In the case of a television or video advertisement, the  
              statement must comply with the following: 

               i.     Appear at the beginning or end of the advertisement  
                 for a minimum of five seconds in the case of an  





          AB 700 (Gomez)                                          Page 6  
          of ?
          
          
                 advertisement lasting 30 seconds or less, or for a  
                 minimum of 10 seconds in the case of an advertisement  
                 lasting longer than 30 seconds; 

               ii.    Appear on a solid black background on the entire  
                 bottom one-third of the screen; and, 

               iii.   Include a link to the FPPC's Internet Web site  
                 containing a list of the top donors to the committee  
                 paying for the advertisement, in the case of  
                 advertisements that are paid for by committees that are  
                 required to file a list of their top 10 contributors with  
                 the FPPC pursuant to existing law. 

            a)  In the case of a print advertisement, the statement must  
              appear in a printed or drawn box with a solid white  
              background on the bottom of at least one page, and must  
              include a link to the FPPC's Internet Web site containing a  
              list of the top donors to the committee paying for the  
              advertisement, when applicable per existing law.  Newspaper,  
              magazine, or other public print advertisements that are 20  
              square inches or less are only required to disclose the  
              single top contributor of $50,000 or more. 


            b)  In the case of an electronic media advertisement, the  
              statement must comply with the following: 

               i.     Be visible for a period of at least four seconds in  
                 a type size and font that is clear and conspicuous and  
                 contrasts with the background so as to be easily readable  
                 by the average person, unless impractical 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.  The FPPC may  
                 prescribe by regulation minimal disclaimer requirements  
                 if inclusion of the full disclaimer is deemed  
                 impractical.

               ii.    Include a hyperlink to an Internet Web site  
                 containing the text of the disclosure statement.  The  
                 Internet Web site is required to remain online for at  
                 least 30 days after the election where the candidate or  
                 ballot measure was voted upon. 

               iii.        If made by a form of electronic media that is  
                 audio only, comply with the requirements for radio  





          AB 700 (Gomez)                                          Page 7  
          of ?
          
          
                 advertisements. 

               iv.    If made by a form of electronic media that allows  
                 users to engage in discourse and post content, or any  
                 other social media, the statement is only required to be  
                 included on the home page, landing page, or similar  
                 location. 

               v.     The statement is not required on 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 the  
                 PRA. 

          5)Specifies requirements for the font type, size, color, and  
            placement of the text of disclosure statements required by  
            this bill. 

          6)Provides that the disclosure of a top contributor under this  
            bill does not need to include legal terms such as  
            "incorporated," "committee," "political action committee," or  
            "corporation" or their abbreviations, unless the term is part  
            of the contributor's name in common usage. 

          7)Requires disclosure statements to be updated to reflect any  
            changes in the order of top contributors as follows:

             a)   In the case of television, radio, telephone, or other  
               electronic media advertisements, within seven business  
               days, or within five business days if the change in top  
               contributors occurs within 30 days of an election; and, 

             b)   In the case of a print advertisement, including  
               non-electronic billboards, prior to placing a new or  
               modified order for additional printing of the  
               advertisement.

          8)Repeals existing, conflicting requirements governing  
            disclaimers and disclosure statements that must appear on  
            specified campaign advertisements, including all of the  
            following: 

             a)   A requirement that an advertisement for or against a  
               ballot measure include a disclosure statement identifying  
               the two highest cumulative contributors of $50,000 or more  
               to the committee funding the advertisement; 





          AB 700 (Gomez)                                          Page 8  
          of ?
          
          

             b)   A requirement that a committee that supports or opposes  
               one or more ballot measures must name and identify itself  
               using a name or phrase that clearly identifies the economic  
               or other special interest of its major donors of $50,000 or  
               more in any reference to the committee required by law;  
               and, 

             c)   A requirement that an advertisement that is paid for by  
               an IE must include a disclosure statement identifying the  
               name of the committee making the expenditure and the names  
               of the persons from whom the committee making the IE  
               received its two highest cumulative contributions of  
               $50,000 or more during the 12-month period prior to the  
               expenditure. 

          1)Provides that candidate and committee mass mailing sender  
            identification requirements also apply to candidate controlled  
            committees and political party committees.  Provides for these  
            requirements that the "sender" is the candidate or committee  
            who pays for the largest portion of expenditures attributable  
            to the designing, printing, and posting of the mailing which  
            are reportable under existing law. 

           2) Provides that the existing campaign telephone call  
             disclosure requirements also apply to candidate controlled  
             committees and political party committees.

          3)Provides that a person shall not make any contribution to any  
            committee or candidate that is earmarked for a contribution to  
            any other committee or candidate that is earmarked for a  
            contribution to any other committee or candidate unless the  
            contribution is fully disclosed pursuant to section 84302.   
            For purposes of this section a contribution is earmarked if  
            the contribution is made under the following circumstances: 

             a)   The committee or candidate receiving the contribution  
               solicited the contribution for the purpose of making a  
               contribution to another committee or candidate, and  
               requested the contributor to consent to such use.

             b)   The contribution was made subject to a condition,  
               agreement, or understanding with the contributor 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 contributor identifies the  
               committee or candidate as a potential recipient of the  





          AB 700 (Gomez)                                          Page 9  
          of ?
          
          
               contribution and the committee or candidate in fact  
               receives all or a portion of the contributor's  
               contribution.

             c)   After the contribution was made, the contributor and the  
               committee or candidate receiving the contribution reaching  
               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 where the contributor 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 contributor's  
               contribution.

          12) Makes technical and conforming changes.

           BACKGROUND
           
           Existing Political Advertising Disclaimers  .  Under the PRA,  
          committees must put "paid for by" disclaimers on campaign  
          advertising, including campaign mailers, radio and television  
          ads, telephone robocalls, and electronic media ads.  The  
          following, which is based on a publication produced by the FPPC,  
          discusses disclaimer requirements for committees that purchase  
          advertisements or circulate material supporting or opposing a  
          state or local candidate or ballot measure in California. 

          When is a disclaimer required on political ads or materials? 

          Political committees must include the following disclaimers: 

          a)Mass mailings, including blast campaign emails, must include  
            identification of the sender. 

          b)Paid telephone calls must identify the candidate or committee  
            who paid for or authorized the call. 

          c)Radio and television ads must include a "paid for by"  
            disclaimer under Federal Communications Commission (FCC) law. 

          d)Ballot measure ads and IE ads must include "paid for by  
            committee name" and such ads by primarily formed committees  
            must also list top two donors of $50,000 or more.  This  
            applies to television, radio, and electronic media  
            advertisements, robocalls, mass mailings, and print ads such  
            as newspaper ads, billboards and yard signs.





          AB 700 (Gomez)                                          Page 10  
          of ?
          
          




          Are the PRA's disclaimer rules the same for all committees and  
          all ads? 

          No.  Basic disclaimer rules apply to campaign materials  
          disseminated by a candidate for their own election campaign  
          because it is generally clear to the public that the candidate  
          is sending the communication.  Stricter disclaimer rules apply  
          to ballot measure advertisements and IE advertisements on  
          candidates and ballot measures, because it is less clear to the  
          public who is responsible for these ads. 

          What does the disclaimer have to state? 

          The basic disclaimer must state "Paid for by committee name."   
          Ballot measure and IE ads paid for by primarily formed  
          committees must also list top two donors of $50,000 or more and  
          special committee name rules apply.  All IE ads for or against a  
          candidate must state that the ad was "Not authorized by a  
          candidate or a committee controlled by a candidate."

          How must the disclaimer appear? 

          Disclaimers on political ads and literature must be clear and  
          conspicuous so as to be understood by the intended public.   
          Written disclaimers must be printed clearly and legibly.  Spoken  
          disclaimers must be clearly audible and intelligible.
          
          Updating a disclaimer.

          When a committee's name changes because of new top donors or  
          otherwise, advertisement disclaimers must be revised.   
          Television, radio, electronic media, or robocalls must be  
          amended within five calendar days.  Print media, mass mailings,  
          or other tangible items must be amended every time an order to  
          reproduce is placed. 

          Advertisements in Languages Other than English. 

          Disclaimers on political advertisements should be written or  
          spoken in the same language used in the advertisement. 

          Does a disclaimer have to appear on ALL printed materials or  
          campaign items? 





          AB 700 (Gomez)                                          Page 11  
          of ?
          
          

          No.  A disclaimer is not required on regular-size campaign  
          buttons, pins, bumper stickers, or magnets.  It is not required  
          on pens, pencils, rulers, mugs, potholders, key tags, golf balls  
          and similar small campaign promotional items where a disclaimer  
          cannot be conveniently printed.  The disclaimer is also not  
          required on t-shirts, caps, hats, and other articles of  
          clothing; skywriting and airplane banners; or committee checks  
          and receipts. 

           COMMENTS
                                           
           1)According to the author  :   AB 700 (Gomez and Levine), the  
            California Disclose Act, will dramatically improve disclosure  
            of the top funders on ads for ballot measures and independent  
            expenditures for and against candidates.  Knowing the true  
            source of funds for ads will prevent voters from being  
            deceived about who is truly paying for them, help voters  
            better evaluate the credibility and content of ads, and  
            promote greater confidence in the electoral process.


            Campaign spending has reached unprecedented levels in recent  
            years.  In 2012-2014, more than $770 million was spent in  
            California on ballot measure ads and independent expenditure  
            ads for and against candidates.  Furthermore, many  
            primarily-formed and general purpose committees that  
            contribute to them are purposely established to disguise who  
            exactly is funding the campaign messages that voters see and  
            hear, hiding behind vague names such as "Californians for  
            Progress."  Money is often purposefully channeled through  
            multiple layers of committees or organizations to make it  
            harder to trace and disclose.  As a result, the March 2013  
                                                                                  PPIC Poll found that 84% of all likely voters, across  
            political ideology, want increased public disclosure of  
            funding sources for signature gathering and initiative  
            campaigns.

            While it is essential for individuals and organizations in a  
            democracy to be able to communicate effectively and  
            efficiently with voters, it is equally important that voters  
            are not intentionally deceived and elections are not decided  
            upon misinformation.

            AB 700 will increase transparency of campaign spending in  
            elections by requiring state and local ballot measure ads and  
            independent expenditure ads about candidates to clearly and  





          AB 700 (Gomez)                                          Page 12  
          of ?
          
          
            prominently list their top three true contributors of $50,000  
            or more (one for radio ads and robocalls).

            To limit potential for abuse of broad regulations we see in  
            current code and to maximize clarity and ensure consistency of  
            disclosures, AB 700 proscribes specific rules for the format  
            of disclosures.  For example, for video and television ads, AB  
            700 replaces current fine print disclosures with a clear  
            listing of the top three contributors on the bottom 1/3 of the  
            screen on a solid black background for five seconds (ten  
            seconds for ads longer than 30 seconds), plus the name of the  
            committee paying.  To ensure readability of funder names, they  
            must each be listed on a separate line, can't appear in all  
            capital letters, and must be in a contrasting Arial font that  
            is 4% of the height of the screen.

            Perhaps most importantly, AB 700 uses new earmarking rules  
            originated in the previously-circulating Voters' Right to Know  
            Act initiative to ensure that contributions that are meant for  
            ballot measures or candidates must be disclosed if they're  
            among the top three even if they were passed through multiple  
            layers of committees or other organizations.

            It is now often impossible for voters to determine the true  
            top funders of ballot measure ads and IE ads for and against  
            candidates.  The disclosures required by current law are  
            usually extremely difficult to read, buried in fine print with  
            distracting backgrounds.  Disclosures contain significant  
            additional verbiage that makes it harder for viewers to see  
            the major funders that is the most important part of the  
            disclosures.

            Worst of all is that top contributors are able to avoid being  
            disclosed on ads simply by funneling their contributions  
            through committees with deceptive names, oftentimes  
            purposefully misleading viewers about who really paid for the  
            ads.















          AB 700 (Gomez)                                          Page 13  
          of ?
          
          

           2)Constitutional Issues  .  This measure could be interpreted as a  
            violation of the United States and California Constitutions'  
            guarantees to free speech.  While the right to freedom of  
            speech is not absolute, when a law burdens core political  
            speech, the restrictions on speech generally must be "narrowly  
            tailored to serve an overriding state interest," McIntyre v.  
            Ohio Elections Commission (1995), 514 US 334. 

          In ACLU v. Heller (2004), 378 F.3d 979, the Ninth Circuit Court  
            of Appeals struck down a Nevada law that required any  
            published material concerning a campaign to identify the  
            person paying for the publication.  In that case, the state of  
            Nevada argued that its law served three state interests,  
            including helping voters evaluate the usefulness of  
            information in a campaign communication, preventing fraud and  
            libel, and furthering enforcement of disclosure and  
            contribution election laws.  The court concluded that Nevada  
            failed to demonstrate that its statute was "narrowly tailored  
            to serve an overriding state interest" in accordance with the  
            test established in McIntyre.  The court did note in its  
            ruling, however, that "[a]n on-publication identification  
            requirement carefully tailored to further a state's campaign  
            finance laws, or to prevent the corruption of public  
            officials, could well pass constitutional muster." 

          Additionally, supporters of this bill have argued that,  
            notwithstanding the decision in the Heller case, the  
            provisions of this bill nonetheless are constitutional in  
            light of disclosure requirements that were upheld by the  
            United States Supreme Court in Citizens United v. Federal  
            Election Commission (2010), 130 S.Ct. 876.  While the Citizens  
            United case is probably best known as the case in which the  
            United States Supreme Court struck down a 63 year old law that  
            prohibited corporations and unions from using their general  
            treasury funds to make IEs in federal elections, in the same  
            case, the Court also upheld certain disclaimer and disclosure  
            provisions of the federal Bipartisan Campaign Reform Act  
            (BCRA) of 2002, also sometimes called "McCain-Feingold" for  
            its Senate authors. 

          The Citizens United case involved a nonprofit corporation  
            (Citizens United) that sought to run television commercials  
            promoting a film it produced that was critical of then-Senator  
            and presidential candidate Hillary Clinton.  Because federal  
            law prohibited corporations and unions from using their  
            general treasury funds to make expenditures for  





          AB 700 (Gomez)                                          Page 14  
          of ?
          
          
            "electioneering communications" or for communications that  
            expressly advocated the election or defeat of a candidate,  
            Citizens United was concerned that the television commercials  
            promoting its film could subject the corporation to criminal  
            and civil penalties.  

          Under BCRA, the film produced by Citizens United and the  
            television commercials promoting that movie were subject to  
            certain disclaimer and disclosure requirements --  
            specifically, a requirement that televised electioneering  
            communications must include a disclaimer indicating the name  
            of the person or organization that was "responsible for the  
            content" of the advertising.  Additionally, each communication  
            was required to include a statement that the communication was  
            "not authorized by any candidate or candidate's committee,"  
            and was required to display the name and address of the person  
            or group that funded the advertisement.  Finally, under a  
            different provision of BCRA, any person who spent more than  
            $10,000 in a calendar year is required to file a disclosure  
            statement with the Federal Elections Commission 
































          AB 700 (Gomez)                                          Page 15  
          of ?
          
          

            (FEC) identifying the person making the expenditure, the  
            amount of the expenditure, the election to which the  
            communication was directed, and the names of contributors in  
            certain circumstances. 

            Citizens United (the corporation) challenged these disclaimer  
            and disclosure requirements as applied to the film and the  
            television advertisements promoting that film.  Specifically,  
            Citizens United argued that the disclaimer and disclosure  
            requirements were unconstitutional on the grounds the  
            governmental interest in providing information to the  
            electorate did not justify requiring disclaimers for  
            commercial advertisements.  The court disagreed, finding that  
            the disclaimers provided the electorate with important  
            information, helping to ensure that voters were informed, and  
            "avoid[ed] confusion by making clear that the ads are not  
            funded by a candidate or political party." 

            While some of the requirements of this bill are comparable to  
            provisions of federal law that were at issue in Citizens  
            United (for instance, certain disclaimer requirements included  
            in this bill are similar to those required under federal law  
            that were upheld by the court in Citizens United), other  
            requirements in this bill go beyond what is required by  
            federal law, and beyond what was considered by the court in  
            Citizens United.  Specifically, the provisions of this bill  
            that require the identities of certain campaign contributors  
            -- entities that were not individually responsible for the  
            content or the production of the advertising -- to be included  
            in campaign advertising go beyond what is required by federal  
            law.  In light of that fact, while the court in Citizens  
            United did uphold certain federal disclaimer requirements, it  
            is unclear whether the broader requirements in this bill would  
            similarly be upheld against a constitutional challenge on the  
            grounds that those requirements violate the First Amendment. 

           3)Anticipated Author's Amendments  .  The author's office  
            indicates that some additional amendments were inadvertently  
            omitted from the current version of the bill and he wishes to  
            offer those as author's amendments in committee.  These new  
            amendments include some technical and clarifying changes as  
            well as some language that would ensure that disclosure  
            requirements intended for television and video display screens  
            do not exceed one-third of the screen as already provided in  
            the bill.






          AB 700 (Gomez)                                          Page 16  
          of ?
          
          
           4)Additional Suggested Amendment  .  Disclosure statements  
            required by this bill could result in taking up an excessive  
            amount of space on printed advertisements that are larger than  
            those designed to be individually distributed, such as yard  
            signs and billboards.  Therefore, staff recommends that the  
            type size specified in new Section 84504.2(b) be decreased  
            from 10 percent of the height of the advertisement to 5  
            percent of the height of the advertisement, as in current FPPC  
            regulation 18450.4(b)(3)(D).

                               RELATED/PRIOR LEGISLATION
           
          SB 52 (Leno of 2013-14) similarly proposed to change the content  
          and format of disclosure statements on specified campaign  
          advertisements to make those statements more prominent, among  
          other provisions.  SB 52 died on the Assembly's Inactive file.


          AB 1148 (Brownley) and AB 1648 (Brownley, from 2011-12) also  
          proposed increasing the prominence of disclosure statements on  
          campaign advertisements, among other provisions.  AB 1148 failed  
          passage on the Assembly Floor, while AB 1648 was approved by the  
          Assembly, but was not heard in the Senate. 

           PRIOR ACTION
           
           ------------------------------------------------------------------ 
          |Assembly Floor:                       |60 - 15                    |
          |--------------------------------------+---------------------------|
          |Assembly Appropriations Committee:    |12 - 0                     |
          |--------------------------------------+---------------------------|
          |Assembly Elections and Redistricting  |  4 - 2                    |
          |Committee:                            |                           |
           ------------------------------------------------------------------ 
                                           
          POSITIONS
           
          Sponsor:  California Clean Money Campaign

          Support:  Insurance Commissioner Dave Jones
                    California Alliance of Retired Americans
                    California Church IMPACT
                    California Clean Money Campaign
                    California League of Conservation Voters
                    California Public Interest Research Group (CALPIRG)
                    Consumer Federation of California
                    CounterPAC





          AB 700 (Gomez)                                          Page 17  
          of ?
          
          
                    Courage Campaign
                    Democracy for America
                    Endangered Habitats League
                    Friends Committee on Legislation of California
                    JERICHO: A Voice for Justice
                    Lutheran Office of Public Policy - California
                    Maplight
                    Money Out Voters In
                    New Progressive Alliance
                    People Demanding Action
                    Public Citizen
                    Represent.Us
                    In addition, the California Clean Money Campaign  
                    submitted copies of petitions signed by a little more  
                    than 20,000 individuals in support of AB 700.

          Oppose:Fair Political Practices Commission
                    Howard Jarvis Taxpayers Association

                                          
                                      -- END --