BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 528
                                                                  Page  1

          Date of Hearing:  April 22, 2009

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                             Anna Marie Caballero, Chair
                     AB 528 (Silva) - As Amended:  March 31, 2009
           
          SUBJECT  :  Local government:  reorganization:  expenditure  
          reporting.

           SUMMARY  :  Conforms the reporting and disclosure requirements of  
          campaigns associated with local boundary changes in the  
          Cortese-Knox-Hertzberg Act (Act) with the requirements of the  
          Political Reform Act (PRA).  Specifically,  this bill  :  

          1)Requires that contributions and expenditures made for a  
            political purpose related to a proposal or proceeding, before  
            a Local Agency Formation Commission (LAFCO) be disclosed and  
            reported pursuant to the applicable sections in the Political  
            Reform Act.

          2)Amends the definition of a "LAFCO proposal" in the PRA to  
            conform with the definition contained in the  
            Cortese-Knox-Hertzberg Act.

          3)Removes obsolete language from the Cortese-Knox-Hertzberg Act  
            and corrects cross references in the Act to the PRA.

          4)Declares that this bill furthers the purposes of the Political  
            Reform Act of 1974.

           EXISTING LAW  requires that expenditures for political purposes  
          related to a proposal for a change of organization or  
          reorganization that will be submitted to a LAFCO, and  
          contributions in support of or in opposition to those proposals  
          shall be disclosed and reported pursuant to the Political Reform  
          Act of 1974.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          1)AB 528 (Silva) amends the Cortese-Knox-Hertzberg Local  
            Government Reorganization Act of 2000 to properly reflect the  
            Political Reform Act as governing LAFCO financial disclosure  
            requirements.  The bill also provides conforming and  








                                                                  AB 528
                                                                  Page  2

            clarifying language to correct several erroneous  
            cross-references to the Political Reform Act, and conforms the  
            definition of a "LAFCO proposal" contained in the Public  
            Records Act to the definition contained in the  
            Cortese-Knox-Hertzberg Act.

          2)Over the past few years there have been a number of bills  
            relating to LAFCO disclosure issues.  AB 745 (Silva), Chapter  
            109, Statutes of 2007, required that contributions and  
            expenditures for political purposes on boundary changes  
            approved by a LAFCO be disclosed and reported subject to the  
            same requirements that the Political Reform Act provides for  
            local initiative measures.  AB 1998 (Silva), Chapter 192,  
            Statues of 2008, added the substance of those disclosure and  
            reporting requirements into the Political Reform Act.


          3)Due to the fact that AB 528 amends the Political Reform Act of  
            1974, this bill requires a 
          two-thirds vote.

          4)This bill is double-referred to the Committee on Elections and  
            Redistricting.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          CA Association of Local Agency Formation Commissions [SPONSOR]

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Debbie Michel / L. GOV. / (916)  
          319-3958