Amended in Senate July 2, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 990


Introduced by Assembly Member Bonilla

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(Coauthor: Assembly Member Gordon)

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February 26, 2015


An act to amendbegin delete Section 138.6 of the Health and Safety Code, relating to public health.end deletebegin insert Sections 84506.5 and 84507 of the Government Code, relating to the Political Reform Act of 1974.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 990, as amended, Bonilla. begin deleteWomen’s health. end deletebegin insertPolitical Reform Act of 1974: advertisement disclosures.end insert

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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. The act additionally imposes various disclosure statement requirements with respect to advertisements supporting or opposing a candidate or ballot measure, including a requirement that the disclosure statements be printed clearly and legibly in no less than 10-point type and in a conspicuous manner, as specified. The act also requires that an advertisement supporting or opposing a candidate that is paid for by an independent expenditure include a statement that it was not authorized by a candidate or a committee controlled by a candidate.

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This bill would require that disclosure statements be printed in no less than 18-point, bold, sans serif type font. The bill would require that an advertisement supporting or opposing a candidate that is paid for by an independent expenditure include a disclosure statement with specific content, and if the advertisement is mailed, would require that the disclosure statement be located within a quarter of an inch of the recipient’s name and address and be contained within a box that meets prescribed criteria.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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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 23 vote of each house and compliance with specified procedural requirements.

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This bill would declare that it furthers the purposes of the act.

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Existing law requires the State Department of Public Health to develop a coordinated state strategy for addressing the health-related needs of women, including implementation of goals and objectives for women’s health. Existing law establishes the Office of Health Equity within the department to, among other things, communicate and disseminate information within the department and to other state departments to assist in developing strategies to improve the health and mental health status of specified persons, including women. Existing law requires the department to include prescribed information in any literature that it produces regarding breast cancer, including the factors that increase the risk that younger women will develop breast cancer. Existing law describes these risk factors as including, but not limited to, family history of the disease.

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This bill would require any literature regarding breast cancer information produced or updated by the department on or after January 1, 2016, to include the increased risk for breast cancer associated with obesity. The bill would provide that the department is not required to dispose of or refrain from disseminating existing published material solely for the purpose of complying with the requirement that the literature include that prescribed information.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 84506.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

84506.5.  

begin deleteAn end deletebegin insert(a)end insertbegin insertend insertbegin insertAn end insertadvertisement supporting or opposing a
4candidate that is paid for by an independent expenditure must
5includebegin delete a statement that it was not authorized by a candidate or a
6committee controlled by a candidate.end delete
begin insert the following statement: This
7advertisement was not authorized or paid for by the candidate or
8a committee controlled by the candidate.end insert

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9(b) In addition to the requirements of Section 84507, a mailed
10advertisement subject to this section shall also comply with each
11of the following:

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12(1) The disclosure statement in subdivision (a) shall be located
13within one quarter of an inch of the recipient’s name and address
14as printed on the advertisement.

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15(2) The text of the disclosure statement shall be contained in a
16box with an outline that has a line weight of at least 5.25 pt. The
17background color of the box shall be in a contrasting color to the
18background of the advertisement. The outline of the box shall be
19in a contrasting color to both the background color of the
20advertisement and the background color of the box. The color of
21the text shall be in a contrasting color to the background color of
22the box.

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23begin insert

begin insertSEC. 2end insertbegin insert.end insert  

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begin insertSection 84507 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
24read:end insert

25

84507.  

Any disclosure statement required by this article shall
26be printed clearly and legibly in no less thanbegin delete 10-point typeend deletebegin insert 18-point,
27bold, sans serif type fontend insert
and in a conspicuous manner as defined
28by the commission or, if the communication is broadcast, the
29information shall be spoken so as to be clearly audible and
30understood by the intended public and otherwise appropriately
31conveyed for the hearing impaired.

32begin insert

begin insertSEC. 3.end insert  

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No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.

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3begin insert

begin insertSEC. 4end insertbegin insert.end insert  

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The Legislature finds and declares that this bill furthers
4the purposes of the Political Reform Act of 1974 within the meaning
5of subdivision (a) of Section 81012 of the Government Code.

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6

SECTION 1.  

Section 138.6 of the Health and Safety Code is
7amended to read:

8

138.6.  

(a) Literature regarding breast cancer information
9produced or updated by the State Department of Public Health on
10or after January 1, 2016, shall include, but not be limited to, all of
11the following:

12(1) Summarized information on risk factors for breast cancer
13in younger women, including, but not limited to, information on
14the increased risk associated with a family history of the disease,
15and increased risk associated with obesity.

16(2) Summarized information regarding detection alternatives
17to mammography that may be available and more effective for
18at-risk women between the ages of 25 and 40 years.

19(3) Information on Internet Web sites of relevant organizations,
20government agencies, and research institutions where information
21on mammography alternatives may be obtained.

22(b) (1) The information required by subdivision (a) shall be
23produced consistent with the department’s protocols and procedures
24regarding the production and dissemination of information on
25breast cancer, including, but not limited to, the following factors:

26(A) Restrictions imposed by space limitation on materials
27currently produced and distributed by the department.

28(B) Future regular production and replacement schedules.

29(C) Translation standards governing the number of languages
30and literacy levels.

31(D) The nature, content, and purpose of the material into which
32this new information will be incorporated.

33(2) This section does not require the department to dispose of
34or refrain from disseminating existing published literature solely
35for the purpose of complying with subdivision (a).

36(c) It is the intent of the Legislature that subdivisions (a) and
37(b) apply to information that is distributed by any branch of the
P5    1department, including, but not limited to, the Cancer Detection
2Section and the Office of Health Equity.

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