BILL NUMBER: AB 7 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Krekorian
DECEMBER 1, 2008
An act to amend Sections 84503, 84504 , 84506, and 84508 of the
Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 7, as introduced, Krekorian. Political Reform Act of 1974.
(1) The Political Reform Act of 1974 requires any committee that
supports or opposes one or more ballot measures to name and identify
itself using a name or phrase that clearly identifies the economic or
other special interest of major donors of $50,000 or more in any
reference to the committee required by law, including the statement
of organization filed by the committee. The act also requires a
committee that supports or opposes a ballot measure to print or
broadcast its name as part of any advertisement or other paid public
statement.
This bill would additionally require a committee that supports or
opposes one or more ballot measures to list each major donor of
$50,000 or more in descending order based on the amount of the
contributions made by the donors to the committee in any reference to
the committee required by law. A committee that supports or opposes
a ballot measure also would be required to print or broadcast the
names of the 3 donors who made the highest cumulative contributions
of $50,000 or more to the committee. The bill also would require a
donor that is a committee other than a candidate-controlled committee
to be identified by the names of 3 donors who made the highest
cumulative contributions of $50,000 or more to that donor committee.
(2) The act requires a broadcast or mass mailing advertisement
supporting or opposing a candidate or ballot measure, if paid for by
an independent expenditure, to include a disclosure statement that
identifies the name of the committee making the independent
expenditure and the names of the persons from whom the committee
making the independent expenditure has received its 2 highest
cumulative contributions of $50,000 or more during the 12-month
period prior to the expenditure. However, if the committee is able to
show that contributions from those 2 highest cumulative
contributions were spent for other purposes, then the act requires
the committee to disclose the names of the contributors making the
next largest cumulative contributions of $50,000 or more. A violation
of the act is subject to criminal penalties.
The bill would require a broadcast or mass mailing paid for by
independent expenditure to identify the names of the persons from
whom the committee making the independent expenditure has received
its 3, rather than 2, highest cumulative contributions of $50,000 or
more during the 12-month period prior to expenditure and if one of
those persons is a committee other than a candidate-controlled
committee, then to identify that other committee by the names of the
3 donors who made the highest cumulative contributions of $50,000 or
more to that committee. The committee paying for the broadcast or
mass mailing advertisement would be required to disclose the names of
the contributors making the next largest cumulative contributions of
$50,000 or more, if it can show that the contributions from the 3
donors who made the highest cumulative contributions of $50,000 or
more, rather than the 2 highest contributors, to the committee were
spent for purposes other than the broadcast or mass mailing
advertisement. The bill also would require a broadcast or mass
mailing advertisement supporting or opposing a candidate or ballot
measure that is paid for by an independent expenditure to include a
statement or phrase that clearly identifies the economic or other
special interest of the major donors of $50,000 or more, listing the
economic or other special interest in descending order based on the
amount of contributions made by the respective donor to the
committee.
(3) The bill also would make conforming changes regarding the
disclosure in advertising for or against a ballot measure which is
paid for by a committee of the donors to the committee who have made
the 3, rather than 2, highest contributions over $50,000 to 2 other
provisions of the Political Reform Act.
(4) Existing law makes a violation of the act subject to
administrative, civil, and criminal penalties.
The bill would impose a state-mandated local program by placing
these penalties on persons who violate the bill.
(5) 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.
(6) 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.
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 1. Section 84503 of the Government Code is amended to
read:
84503. (a) Any An advertisement for
or against any a ballot measure shall
include a disclosure statement identifying any person whose
cumulative contributions are fifty thousand dollars ($50,000) or
more.
(b) If there are more than two three
donors of fifty thousand dollars ($50,000) or more, the committee is
only required to disclose the highest and ,
second highest , and third highest donors in that
order. In the event that more than two three
donors meet this disclosure threshold at identical contribution
levels, the highest and , second
highest , and third highest donors shall be
selected according to chronological sequence.
SEC. 2. Section 84504 of the Government Code is amended to read:
84504. (a) Any A committee that
supports or opposes one or more ballot measures shall name and
identify itself using a name or phrase that clearly identifies the
economic or other special interest of its major donors of fifty
thousand dollars ($50,000) or more , listing each economic or
other special interest in descending order based on the amount of the
contributions made by the respective donors to the committee,
in any reference to the committee required by law, including, but not
limited , to , its statement of
organization filed pursuant to Section 84101.
(b) If the major donors of fifty thousand dollars ($50,000) or
more share a common employer, the identity of the employer shall also
be disclosed.
(c) Any A committee which
that supports or opposes a ballot measure, shall
print or broadcast its name and identification as
provided in this section required by
subdivision (a) and the names of the three donors who made the
highest cumulative contributions of fifty thousand dollars ($50,000)
or more to the committee as part of any advertisement or other
paid public statement. If any of those donors is a committee
other than a candidate-controlled committee, the donor committee
shall be identified by the names of the three donors who made the
highest cumulative contributions of fifty thousand dollars ($50,000)
or more to the donor committee.
(d) If candidates or their controlled committees, as a group or
individually, meet the contribution thresholds for a person, they
shall be identified by the controlling candidate's name.
SEC. 3. Section 84506 of the Government Code is amended to read:
84506. (a) A broadcast or mass mailing advertisement supporting
or opposing a candidate or ballot measure, that is paid for by an
independent expenditure, shall include a disclosure statement that
identifies both all of the following:
(1) The name of the committee making the independent expenditure.
(2) The names of the persons from whom the committee making the
independent expenditure has received its two
three highest cumulative contributions of fifty thousand
dollars ($50,000) or more during the 12-month period prior to the
expenditure. If any of those persons is a committee other than a
candidate-controlled committee, the person shall be identified by
the names of the three donors who made the highest cumulative
contributions of fifty thousand dollars ($50,000) or more to that
person. If the committee can show, on the basis that
contributions are spent in the order they are received, that
contributions received from the two three
donors who made the highest contributors
cumulative contributions of fifty thousand dollars ($50,000) or
more to the committee have been used for expenditures unrelated
to the candidate or ballot measure featured in the communication,
the committee shall disclose the contributors making the next largest
cumulative contributions of fifty thousand dollars ($50,000) or
more.
(3) A statement or phrase that clearly identifies the economic or
other special interest of the major donors of fifty thousand dollars
($50,000) or more, listing each economic or other special interest in
descending order based on the amount of the contributions made by
the respective donor to the committee.
(b) If an acronym is used to identify any committee names required
by this section, the names of any sponsoring organization of the
committee shall be printed on print advertisements or spoken in
broadcast advertisements.
SEC. 4. Section 84508 of the Government Code is amended to read:
84508. If disclosure of two three
major donors is required by Sections 84503 and 84506, the committee
shall be required to disclose, in addition to the committee name,
only its highest major contributor in any advertisement
which that is either of the following
:
(a) An electronic broadcast of 15 seconds or less , or
.
(b) A newspaper, magazine, or other public print media
advertisement which that is 20 square
inches or less.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 6. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.