California 2011-2012 Regular Session Status: Enacted

SB 488 — Political Reform Act of 1974: slate mailers.

Last action — Chaptered by Secretary of State. Chapter 865, Statutes of 2012.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    8 passed, 2 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate mailer identify the slate mailer organization that is sending the slate mailer and make other specified disclosures, and further requires the slate mailer organization to file periodic statements reporting payments received and expenditures made to produce slate mailers. This bill would provide that, if a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency or a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that governmental agency or nongovernmental organization, the slate mailer organization would be required to obtain the express written consent of the governmental agency or nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing. This bill would also provide that, if a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that would reasonably be understood to imply that the organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing would be required to disclose the total number of members in the organization identified in the slate mailer or mass mailing. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 865, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate adopted Conference Committee report. (Ayes 27. Noes 8. Page 5097.)

  5. Assembly adopted Conference Committee report. (Ayes 59. Noes 18. Page 6675.)

  6. From Conference Committee: Be adopted. (Ayes 4: Senators Lieu and Correa and Assembly Members Bonilla and Fong. Noes 1: Assembly Member Hagman. Page 4533.) (August 15.)

  7. Senators Correa, Gaines, and Lieu appointed to Conference Committee.

  8. Assembly Members Fong, Bonilla, and Hagman appointed to Conference Committee.

  9. Senators Correa, Dutton, and Lieu appointed to Conference Committee.

  10. Senate refused to concur in Assembly amendments. (Ayes 26. Noes 8. Page 2368.)

  11. Reconsideration granted. (Ayes 40. Noes 0. Page 2253.)

  12. Motion to reconsider made by Senator Correa.

  13. Senate refused to concur in Assembly amendments. (Ayes 25. Noes 10. Page 2253.)

  14. In Senate. Concurrence in Assembly amendments pending.

  15. Read third time. Passed. (Ayes 65. Noes 12. Page 2698.) Ordered to the Senate.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 9. Noes 4.) (August 17).

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 5). Re-referred to Com. on APPR.

  20. Referred to Com. on E. & R.

  21. In Assembly. Read first time. Held at Desk.

  22. Read third time. Passed. (Ayes 28. Noes 7. Page 1173.) Ordered to the Assembly.

  23. Read second time. Ordered to third reading.

  24. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  25. Set for hearing May 16.

  26. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2. Page 853.) (May 3). Re-referred to Com. on APPR.

  27. Set for hearing May 3.

  28. Referred to Com. on E. & C.A.

  29. From printer. May be acted upon on or after March 20.

  30. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Correa · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Correa

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 27 Yea · 8 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 26704
Republican 0100
Democratic 1001
Total 27805
% of votes cast 68%20%0%13%
How each member voted (40)
Member Party Vote
Hancock — Yea
Wyland — Nay
Yee — Yea
Cannella — Yea
Lowenthal — Yea
De León — Yea
Harman — Nay
Negrete McLeod — Yea
Hernandez — Yea
Huff — Yea
Rubio — Yea
Dutton — Yea
Runner — Not Voting
Anderson — Nay
Blakeslee — Not Voting
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Not Voting
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Wright — Nay
Corbett — Yea
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 59 Yea · 18 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 581603
Democratic 1000
Total 591803
% of votes cast 74%23%0%4%
How each member voted (80)
Member Party Vote
Hall — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Fong — Yea
Butler — Yea
Gatto — Nay
Allen — Yea
Gordon — Yea
Hagman — Nay
Halderman — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Harkey — Nay
Fletcher — Yea
Hayashi — Yea
Huber — Yea
Carter — Yea
Hueso — Yea
Bonilla — Yea
Atkins — Yea
Knight — Nay
Ammiano — Yea
Block — Yea
Cedillo — Yea
Chesbro — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Yea
Nielsen — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Gorell — Not Voting
Jeffries — Not Voting
Conway — Nay
Donnelly — Nay
Norby — Not Voting
Wagner — Nay
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Ma — Yea
Mansoor — Nay
Morrell — Nay
Olsen — Yea
Silva — Nay
Solorio — Yea
Valadao — Yea
Eng — Yea
Fuentes — Yea
Garrick — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Failed 26 Yea · 8 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 24706
Democratic 2000
Republican 0100
Total 26806
% of votes cast 65%20%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Corbett — Yea
Runner — Nay
Hancock — Yea
Harman — Not Voting
Blakeslee — Nay
Dutton — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Alquist — Yea
Anderson — Nay
Hernandez — Yea
Lieu — Yea
Vargas — Yea
Wright — Nay
Emmerson — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Failed 25 Yea · 10 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 24805
Republican 0100
Democratic 1100
Total 251005
% of votes cast 63%25%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Yea
Cannella — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Correa — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Rubio — Yea
Wyland — Not Voting
Runner — Nay
Harman — Nay
Huff — Not Voting
Leno — Yea
Anderson — Nay
Blakeslee — Nay
Corbett — Yea
Dutton — Nay
Walters — Nay
Wright — Nay
Alquist — Not Voting
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Emmerson — Not Voting
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Fuller — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Kehoe — Yea
Negrete McLeod — Yea
Rubio — Yea
Lieu — Yea
Blakeslee — Yea
Corbett — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Runner — Yea
Dutton — Yea
Alquist — Not Voting
Anderson — Yea
Huff — Yea
Leno — Yea
Price — Yea
Vargas — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 65 Yea · 12 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 651002
Republican 0200
Democratic 0001
Total 651203
% of votes cast 81%15%0%4%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hagman — Nay
Butler — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Fong — Yea
Campos — Yea
Gatto — Yea
Allen — Yea
Gordon — Yea
Halderman — Yea
Hall — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Fletcher — Yea
Hill — Yea
Hueso — Yea
Cedillo — Yea
Huffman — Yea
Bonilla — Yea
Atkins — Yea
Knight — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Cook — Yea
Davis — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Garrick — Not Voting
Conway — Nay
Donnelly — Nay
Morrell — Nay
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Nay
Norby — Nay
Olsen — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Wagner — Nay
Williams — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 9 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 8404
Democratic 1000
Total 9404
% of votes cast 53%24%0%24%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Mitchell — Not Voting
Hall — Yea
Harkey — Nay
Hill — Yea
Donnelly — Nay
Nielsen — Yea
Norby — Nay
Solorio — Yea
Wagner — Nay
Blumenfield — Not Voting
Bradford — Not Voting
Lara — Yea
Davis — Not Voting
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 28 Yea · 7 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 26605
Democratic 2000
Republican 0100
Total 28705
% of votes cast 70%18%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Corbett — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Harman — Nay
Dutton — Nay
Anderson — Nay
Blakeslee — Nay
Huff — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Runner — Not Voting
Fuller — Not Voting
Alquist — Yea
Hernandez — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Not Voting
Cannella — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 488 do?
The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate mailer identify the slate mailer organization that is sending the slate mailer and make other specified disclosures, and further requires the slate mailer organization to file periodic statements reporting payments received and expenditures made to produce slate mailers. This bill would provide that, if a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency or a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that governmental agency or nongovernmental organization, the slate mailer organization would be required to obtain the express written consent of the governmental agency or nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing. This bill would also provide that, if a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that would reasonably be understood to imply that the organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing would be required to disclose the total number of members in the organization identified in the slate mailer or mass mailing. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Who sponsors SB 488?
SB 488 is sponsored by Correa.
What is the current status of SB 488?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track SB 488?
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