BILL NUMBER: AB 1322 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huffman
FEBRUARY 27, 2009
An act to amend Sections 84503, 84504, 84506, 84506.5, 84507, and
84508 of the Government Code, relating to the Political Reform Act of
1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1322, as introduced, Huffman. Political Reform Act of 1974:
campaign disclosures.
Existing law requires an independent expenditure committee to
disclose the top 2 donors to the committee, as specified, in all
advertising or statements for or against a ballot measure.
This bill would require committees to disclose the top 3 donors to
the committee and specify the way disclosure would be made in radio,
print, or television advertising.
Because this bill would create new crimes, it would impose a
state-mandated local program.
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.
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 advertisement for or against any 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 three 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 three
highest shall be selected according to chronological sequence.
(c) For a televised advertisement, the top three donors must be
displayed in accordance with Section 84507.
(d) For a radio advertisement, the top three donors must be
verbally announced in accordance with Section 84507 at the beginning
and end of the advertisement.
SEC. 2. Section 84504 of the Government Code is amended to read:
84504. (a) Any 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 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 committee which supports or opposes a ballot measure
, shall print or broadcast its name as provided in
this section and disclose the top three donors in the manner
required by Sections 84503 and 84507 as part of any
advertisement or other paid public statement.
(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 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 the committee can show, on the basis that
contributions are spent in the order they are received, that
contributions received from the two three
highest contributors have been used for expenditures unrelated
to the candidate or ballot measure featured in the communication, the
committee shall disclose the three contributors making
the next largest cumulative contributions of fifty thousand dollars
($50,000) or more.
(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 84506.5 of the Government Code is amended to read:
84506.5. An advertisement supporting or opposing a candidate that
is paid for by an independent expenditure must include a statement
that it was not authorized by a candidate or a committee controlled
by a candidate. The statement shall be in boldface type, be
prominently displayed, and be in substantially the following form:
"NOTICE OF INDEPENDENT EXPENDITURE: This communication is neither
approved nor authorized by ____ (ANY CANDIDATE IN THE ____DISTRICT).
It is paid for by COMMITTEE NAME, an independent expenditure
committee. The donors to this committee are listed at www.____."
SEC. 5. Section 84507 of the Government Code is amended to read:
84507. Any disclosure statement required by this article shall be
printed clearly and legibly in no less than 10-point type and in a
conspicuous manner as defined by the commission or, if the
communication is broadcast, the information shall be spoken so as to
be clearly audible and understood by the intended public and
otherwise appropriately conveyed for the hearing impaired. If
the communication is broadcast on television, the information shall
be displayed on the bottom one-fourth portion of the screen in white
letters against a black background for the duration of the
advertisement.
SEC. 6. 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 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 is 20 square inches or less.
SEC. 7. 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.
SEC. 8. 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.