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
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: April 13, 2016 |Policy Vote: E. & C.A. 4 - 1 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: Yes |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: May 2, 2016 |Consultant: Robert Ingenito |
| | |
-----------------------------------------------------------------
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,
SB 1467 (Bates) Page 1 of
?
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
SB 1467 (Bates) Page 2 of
?
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.
-- END --