BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 990


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          CONCURRENCE IN SENATE AMENDMENTS
          AB  
          990 (Bonilla)


          As Amended  August 20, 2015


          2/3 vote. Urgency


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          |ASSEMBLY:  |      |(May 14, 2015) |SENATE: |32-8  |(September 2,    |
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                 (vote not relevant)


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          |COMMITTEE VOTE: | 4-1 | (September 9,  |RECOMMENDATION:   |concur     |
          |(E. & R.)       |     |2015)           |                  |           |
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          Original Committee Reference:  HEALTH










                                                                     AB 990


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          SUMMARY:  Increases the size and prominence of disclosure  
          statements that are required to appear on certain campaign  
          advertisements.


          The Senate amendments delete the Assembly version of this bill,  
          and instead:


          1)Require an advertisement supporting or opposing a candidate  
            that is paid for by an independent expenditure (IE) to comply  
            with the following:


             a)   That the following specific phrasing be used for the  
               disclosure statement that is required to appear on the  
               advertisement pursuant to existing law: 


               "This advertisement was not authorized or paid for by a  
               candidate for this office or a committee controlled by a  
               candidate for this office."


             b)   If the advertisement is mailed, that the statement  
               comply with all of the following:


               i)     Be located within one-quarter of an inch of the  
                 recipient's name and address as printed on the  
                 advertisement; 


               ii)    Be contained in a box that has an outline with a  
                 line weight of at least 3.25 points, and the outline is  
                 in a contrasting color to the background color of the  
                 advertisement and of the background color of the box;


               iii)   The background color of the box contrasts with the  
                 background color of the advertisement; and,









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               iv)    The text of the statement is in a contrasting color  
                 to the background color of the box.


          2)Increase the minimum size of disclosure statements that are  
            required to be printed on specified campaign advertisements  
            from 10-point to 14-point, and require the statements to be  
            printed in bold, sans serif type font.


          3)Make corresponding changes.


          4)Add an urgency clause, allowing this bill to take effect  
            immediately upon enactment.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  According to the author, "The Political Reform Act  
          requires all campaign mailers [that are paid for by independent  
          expenditures] to include a disclosure statement that it was not  
          authorized by the candidate? When voters do not notice the  
          disclosure statement, it becomes unclear which advertisements  
          are from the candidate and which ones are from independent  
          expenditures.  It is vitally important that voters easily  
          identify which advertisements come from the candidates  
          themselves?. AB 990 fixes this problem by making it simple for  
          voters to notice and read the disclosure statement."


          Existing law requires specified campaign advertisements to  
          contain certain disclosure statements.  Those disclosure  
          statements, when required on a non-electronic printed  
          advertisement, generally must be printed in at least 10-point  
          type (disclosure statements on advertisements on over size print  
          media, such as yard signs and billboards, generally must appear  
          in larger type).  For other types of advertisements, including  
          video, audio, and electronic text or graphic advertising, the  








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          disclosure statement must be presented in a "clear and  
          conspicuous manner," as specified pursuant to regulations  
          adopted by the Fair Political Practices Commission (FPPC).


          This bill increases the minimum size of the disclosure  
          statements, when those statements appear on a non-electronic  
          printed advertisement, from a minimum of 10-point type to a  
          minimum of 14-point type.  Additionally, this bill requires such  
          disclosure statements to be printed in bold, sans serif type  
          font.  Although the author's statement above focuses on IEs,  
          these requirements also apply to disclosure statements on  
          advertisements that are not paid for by IEs. 


          Additionally, for the purposes of the existing requirement that  
          an advertisement supporting or opposing a candidate that is paid  
          for by an IE include a statement that the advertisement was not  
          authorized by a candidate or a committee controlled by a  
          candidate, this bill requires the following exact language to be  
          used for the disclosure statement: "This advertisement was not  
          authorized or paid for by a candidate for this office or a  
          committee controlled by a candidate for this office."  For those  
          IEs, if delivered through the mail, the disclosure statement  
          would also be required to be located within one-quarter of an  
          inch of the recipient's name and address and be contained in a  
          box that has an outline with a line weight of at least 3.25  
          points.


          California voters passed an initiative, Proposition 9, in 1974  
          that created the FPPC and codified significant restrictions and  
          prohibitions on candidates, officeholders and lobbyists. That  
          initiative is commonly known as the Political Reform Act (PRA).   
          Amendments to the PRA that are not submitted to the voters, such  
          as those contained in this bill, must further the purposes of  
          the initiative and require a two-thirds vote of both houses of  
          the Legislature.


          This bill was substantially amended in the Senate and the  
          Assembly-approved provisions of this bill were deleted.  As a  








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          result, this bill was re-referred to the Assembly Elections and  
          Redistricting Committee pursuant to Assembly Rule 77.2, and the  
          committee subsequently recommended that the Assembly concur in  
          the Senate amendments to this bill.


          Please see the policy committee analysis for a full discussion  
          of this bill.


          Analysis Prepared by:                                             
                          Ethan Jones / E. & R. / (916) 319-2094  FN:  
          0002321