BILL ANALYSIS
AB 528
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Date of Hearing: May 5, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 528 (Silva) - As Amended: March 31, 2009
SUBJECT : Local government: reorganization: expenditure
reporting.
SUMMARY : Conforms the reporting and disclosure requirements,
for political purposes, of the Cortese-Knox-Hertzberg Local
Government Reorganization Act to the requirements of the
Political Reform Act (PRA). Specifically, this bill :
1)Requires contributions and expenditures made for political
purposes related to a proposal or proceeding before a Local
Agency Formation Commission (LAFCO) be disclosed and reported
pursuant to the appropriate section in the PRA.
2)Amends the definition of a "LAFCO proposal" in the PRA to
conform to the definition contained in the
Cortese-Knox-Hertzberg Act.
EXISTING LAW :
1)Requires contributions and expenditures for political purposes
on boundary changes approved by a LAFCO to be disclosed and
reported to the LAFCO to the same extent and subject to the
same requirements of the PRA as provided for local initiative
measures.
2)Provides that a LAFCO may require, through the adoption of
written policies and procedures, the disclosure of
contributions, expenditures, and independent expenditures made
in support of or opposition to a proposal. Provides that
disclosures shall be made either to the LAFCO's executive
officer, in which case it shall be posted on the LAFCO's
Internet Web site, if applicable, or to the board of
supervisors of the county in which the LAFCO is located, which
may designate a county officer to receive the disclosure.
Provides that disclosures pursuant to a requirement under the
authority provided in this section shall be in addition to any
disclosure otherwise required by the PRA or local ordinance.
3)Creates the Fair Political Practices Commission (FPPC), and
AB 528
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makes it responsible for the impartial, effective
administration and implementation of the PRA.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS :
1)Purpose of the Bill : According to the author:
In an effort to provide greater transparency in elections
regarding local boundary changes, the legislature passed
two measures- AB 745 in 2007 and AB 1998 in 2008. These
measures ensured campaigns associated with local boundary
changes were held to the same reporting standards as any
other local election. AB 528 seeks to provide conforming
and clarifying language as a follow up to these measures.
This bill amends the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 to properly reflect
the Political Reform Act as governing LAFCO financial
disclosure requirements and provides the correct
cross-references to the Political Reform Act. AB 528
clarifies if a local agency formation commission requires
additional disclosure information, as currently provided in
the CKH Act, it - and not the FPPC - is responsible for
collecting and making that additional information available
to the public.
2)Previous Legislation : 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 PRA provides for local initiative measures. AB 1998
(Silva), Chapter 192, Statutes of 2008, made contributions and
expenditures to support or oppose a LAFCO proposal subject to
the reporting and enforcement requirements of the PRA.
3)Political Reform Act of 1974 : California voters passed an
initiative, Proposition 9, in 1974 that created the FPPC and
codified significant restrictions and prohibitions on
candidates, officeholders and lobbyists. That initiative is
commonly known as the PRA. Amendments to the PRA that are not
submitted to the voters, such as those contained in this bill,
must further the purposes of the initiative and require a
two-thirds vote of both houses of the Legislature.
AB 528
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4)Double Referral : This bill was heard in the Assembly Local
Government Committee on April 22, 2009 and passed out of the
committee on a 7-0 vote as a consent item.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Local Agency Formation Commissions
(sponsor)
Fair Political Practices Commission
Opposition
None on file.
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094