BILL NUMBER: AB 1322 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Huffman
FEBRUARY 27, 2009
An act to amend Sections 84503, 84504, 84506, 84506.5,
84507, and 84508 Section 84506.5 of the
Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1322, as amended, Huffman. Political Reform Act of 1974:
campaign disclosures.
Existing law requires that an advertisement supporting or
opposing a candidate that is paid for by 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 contain a statement that the
advertisement was not authorized by the candidate .
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 that the
advertisement identify the name of the independent expenditure
committee that purchased it and would, for printed advertisements,
specify the manner in which the disclosure must be made .
Because this bill would create new crimes
expand the definition of a crime , 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 three donors of fifty thousand dollars
($50,000) or more, the committee is required to disclose the highest
three donors in that order. In the event that more than three donors
meet this disclosure threshold at identical contribution levels, the
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 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 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 1. 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 and identify the name of
the independent expenditure committee that purchased the
advertisement. For a printed advertisement 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 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.
(b) A newspaper, magazine, or other public print media
advertisement which is 20 square inches or less.
SEC. 7. SEC. 2. 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. SEC. 3. 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.