BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1467 (Bates) - Political Reform Act of 1974:  campaign  
          prohibitions
          
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          |Version: April 13, 2016         |Policy Vote: E. & C.A. 4 - 1    |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 2, 2016       |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.


          


          Bill  
          Summary: SB 1467 would prohibit a candidate-controlled ballot  
          measure committee from expending campaign funds on an  
          advertisement featuring the controlling candidate or another  
          officeholder or candidate.


          Fiscal  
          Impact: The Fair Political Practices Committee (FPPC) indicates  
          that it would incur first-year costs of $266,000 and ongoing  
          costs of $252,000 to implement the provisions of the bill  
          (General Fund). 


          Background: Under current law, a "controlled committee" is one that is (1)  
          controlled directly or indirectly by a candidate or state  
          measure proponent, or (2) acts jointly with a candidate,  







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          controlled committee, or state measure proponent in connection  
          with the making of expenditures.  A candidate or state measure  
          proponent controls a committee if he or she, his or her agent,  
          or any other committee he or she controls has a significant  
          influence on the committee's actions or decisions. 
          Pursuant to regulations promulgated by FPPC, current law  
          provides that candidate-controlled ballot measure committee  
          funds shall be used only to make expenditures related to a state  
          or local measure or potential measure anticipated by the  
          committee, or to qualification or pre-qualification activities  
          relating to such measures.


          Current law defines the term "advertisement," for purposes of  
          the Political Reform Act (PRA), as any general or public  
          advertisement which is authorized and paid for by a person or  
          committee for the purpose of supporting or opposing a candidate  
          for elective office or a ballot measure or ballot measures.  The  
          term does not include a communication from an organization other  
          than a political party to its members, a campaign button smaller  
          than 10 inches in diameter, a bumper sticker smaller than 60  
          square inches, or other advertisement as determined by FPPC  
          regulations.




          Proposed Law:  
          This bill would (1) prohibit a committee controlled by a  
          candidate for elective office that is primarily formed to  
          support or oppose one or more ballot measures from expending  
          campaign funds on an advertisement featuring the controlling  
          candidate or another officeholder or candidate, as specified,  
          and (2) provide, for purposes of this bill, that "featuring a  
          candidate or officeholder" means using any of the following  
          belonging to the candidate or otherwise singling out the  
          candidate or officeholder: name, signature, title, voice, or  
          image.


          Related  
          Legislation: AB 709 (Wolk, of 2006) and AB 1980 (Wolk, of 2004)  
          would have applied existing contribution limits to  
          candidate-controlled ballot measure committees.  AB 709 failed  








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          passage in this committee while the Conference Committee Report  
          for AB 1980 was adopted in the Senate but failed in the  
          Assembly.  The version of AB 1980 that was heard in this  
          committee was substantially different than the version contained  
          in the Conference Committee report.


          Staff  
          Comments: FPPC would require two positions and incur first-year  
          costs of $266,000 and ongoing costs of $252,000 to implement the  
          provisions of the bill (General Fund). Additional anticipated  
          workload duties include amending regulations, responding to  
          requests for advice, amending instruction materials, and  
          potential litigation. Legislative Counsel and the bill analysis  
          from the Senate Elections and Constitutional Amendments  
          Committee note that the bill's prohibitions may be challenged in  
          court. 


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