AB 990, as amended, Bonilla. 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. 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.
This bill would require that
disclosure statements be printed in no less than
begin delete 18-point,end delete 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.
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 84506.5 of the Government Code is
2amended to read:
(a) An advertisement supporting or opposing a
4candidate that is paid for by an independent expenditure must
5include the following statement: This advertisement was not
6authorized or paid for by
begin delete theend delete candidate or a
7committee controlled by
begin delete theend delete candidate.
P3 1(b) In addition to the requirements of Section 84507, a mailed
2advertisement subject to this section shall also comply with each
3of the following:
4(1) The disclosure statement in subdivision (a) shall be located
5within one quarter of an inch of the recipient’s name and address
6as printed on the advertisement.
7(2) The text of the disclosure statement shall be contained in a
8box with an outline that has a line weight of at least
begin delete 5.25end delete pt.
9The background color of the box shall be in a contrasting color to
10the background of the advertisement. The outline of the box shall
11be in a contrasting color to both the background color of the
12advertisement and the background color of the box. The color of
13the text shall be in a contrasting color to the background color of
Section 84507 of the Government Code is amended
Any disclosure statement required by this article shall
18be printed clearly and legibly in no less than
begin delete 18-point,end delete
19 bold, sans serif type font and in a conspicuous manner as defined
20by the commission or, if the communication is broadcast, the
21information shall be spoken so as to be clearly audible and
22understood by the intended public and otherwise appropriately
23conveyed for the hearing impaired.
(a) This section applies to a committee that does either
27of the following:
28(1) Makes an expenditure of five thousand dollars ($5,000) or
29more to an individual for his or her appearance in an advertisement
30that supports or opposes the qualification, passage, or defeat of a
32(2) Makes an expenditure of any amount to an individual for
33his or her appearance in an advertisement that supports or opposes
34the qualification, passage, or defeat of a ballot measure and that
35states or suggests that the individual is a member of an occupation
36that requires licensure, certification, or other specialized,
37documented training as a prerequisite to engage in that occupation.
38(b) A committee described in subdivision (a) shall file, within
3910 days of the expenditure, a report that includes all of the
P4 1(1) An identification of the measure that is the subject of the
3(2) The date of the expenditure.
4(3) The amount of the expenditure.
5(4) The name of the recipient of the expenditure.
6(5) For a committee described in paragraph (2) of subdivision
7(a), the occupation of the recipient of the expenditure.
8(c) An advertisement paid for by a committee described in
9paragraph (1) of subdivision (a) shall include a disclosure statement
10stating “(spokesperson’s name) is being paid by this campaign or
11its donors” in highly visible
begin delete romanend delete font shown continuously if the
12advertisement consists of printed or televised material, or spoken
13in a clearly audible format if the advertisement is a radio broadcast
14or telephonic message.
15(d) (1) An advertisement paid for by a committee described in
16paragraph (2) of subdivision (a) shall include a disclosure statement
17stating “Persons portraying members of an occupation in this
18advertisement are compensated spokespersons not necessarily
19employed in those occupations” in highly visible
begin delete romanend delete font shown
20continuously if the advertisement consists of printed or televised
21material, or spoken in a clearly audible format if the advertisement
22is a radio broadcast or telephonic message.
23(2) A committee may omit the disclosure statement required by
24this subdivision if all of the following are satisfied with respect to
25each individual identified in the report filed pursuant to subdivision
26(b) for that advertisement:
27(A) The occupation identified in the report is substantially
28similar to the occupation portrayed in the advertisement.
29(B) The committee maintains credible documentation of the
30appropriate license, certification, or other training as evidence that
31the individual may engage in the occupation identified in the report
32and portrayed in the advertisement and makes that documentation
33immediately available to the Commission upon request.
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P5 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
The Legislature finds and declares that this bill furthers
6the purposes of the Political Reform Act of 1974 within the
7meaning of subdivision (a) of Section 81012 of the Government
This act is an urgency statute necessary for the
11immediate preservation of the public peace, health, or safety within
12the meaning of Article IV of the Constitution and shall go into
13immediate effect. The facts constituting the necessity are:
14In order to protect the interests of Californians who are
15empowered with the right to vote, it is appropriate that they be
16duly informed and that their constitutional right to instruct their
17representatives be protected. This purpose is best served by an
18informed electorate. The need for greater transparency of
19advertisement disclosures is vital to the interests of the State such
20that this act must take effect immediately.