BILL NUMBER: AB 2146 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2012
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Cook
(Coauthors: Assembly Members Donnelly, Jeffries,
Nestande, and Portantino)
FEBRUARY 23, 2012
An act to add and repeal Section 83123.5 to
of the Government Code, relating to the
Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 2146, as amended, Cook. Political Reform Act of 1974: local
campaign reform: County of San Bernardino.
The Political Reform Act of 1974 establishes the Fair Political
Practices Commission, which has the primary responsibility for the
impartial, effective administration and implementation of the act,
including acting as the civil prosecutor responsible for the
enforcement of the penalty provisions of the act.
This bill would, upon mutual agreement between the Fair Political
Practices Commission and the Board of Supervisors of the County of
San Bernardino, authorize the Commission to have primary
responsibility for the impartial, effective administration,
implementation, and enforcement of a local campaign finance reform
ordinance of the County of San Bernardino. The bill would authorize
the Commission to investigate possible violations of the local county
campaign finance reform ordinance and bring administrative actions
against persons who violate the ordinance, as specified. The bill
would require the Board of Supervisors of the County of San
Bernardino to consult with the Commission prior to adopting and
amending any local campaign finance reform ordinance that is
subsequently enforced by the Commission. The bill would specify that
the Board of Supervisors of the County of San Bernardino and the
Commission may enter into any agreements necessary and appropriate
for the operation of these provisions, including agreements for
reimbursement of state costs with county funds , as specified
. The bill would provide that the Board of Supervisors of the
County of San Bernardino or the Commission may, at any time, by
ordinance or resolution, terminate any agreement for the Commission
to administer, implement, or enforce the local campaign finance
reform ordinance or any provision thereof.
The bill would require the Commission to report to the Legislature
with specified information on or before January 1, 2017, if the
Commission enters into an agreement with the Board of Supervisors of
the County of San Bernardino.
This bill would repeal its provisions on January 1, 2018, as
specified.
The bill would make legislative findings and declarations
concerning the need for special legislation.
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: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 83123.5 is added to the Government Code, to
read:
83123.5. (a) Upon mutual agreement between the Commission and the
Board of Supervisors of the County of San Bernardino, the Commission
is authorized to assume primary responsibility for the impartial,
effective administration, implementation, and enforcement of a local
campaign finance reform ordinance passed by the Board of Supervisors
of the County of San Bernardino. The Commission is authorized to be
the civil prosecutor responsible for the civil enforcement of that
local campaign finance reform ordinance in accordance with this
title. As the civil prosecutor of the County of San Bernardino's
local campaign finance reform ordinance, the Commission may do both
of the following:
(1) Investigate possible violations of the local campaign finance
reform ordinance.
(2) Bring administrative actions in accordance with this title and
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2.
(b) Any local campaign finance reform ordinance of the County of
San Bernardino enforced by the Commission pursuant to this section
shall comply with this title.
(c) The Board of Supervisors of the County of San Bernardino shall
consult with the Commission prior to adopting and amending any local
campaign finance reform ordinance that is subsequently enforced by
the Commission pursuant to this section.
(d) (1) The Board of Supervisors of the
County of San Bernardino and the Commission may enter into any
agreements necessary and appropriate to carry out the provisions of
this section, including agreements pertaining to any necessary
reimbursement of state costs with county funds for costs incurred by
the Commission in administering, implementing, or enforcing a local
campaign finance reform ordinance pursuant to this section.
(2) An agreement entered into pursuant to this subdivision shall
not contain any form of a cancellation fee, a liquidated damages
provision, or other financial disincentive to the exercise of the
right to terminate the agreement pursuant to subdivision (e), except
that the Commission may require the Board of Supervisors of the
County of San Bernardino to pay the Commission for services rendered
and any other expenditures reasonably made by the Commission in
anticipation of services to be rendered pursuant to the agreement in
the event that the Board of Supervisors of the County of San
Bernardino terminates the agreement.
(e) The Board of Supervisors of the County of San Bernardino or
the Commission may, at any time, by ordinance or resolution,
terminate an agreement made pursuant to this section for the
Commission to administer, implement, or enforce a local campaign
finance reform ordinance or any provision thereof.
(f) If an agreement is entered into pursuant to this section, the
Commission shall report to the Legislature regarding the performance
of that agreement on or before January 1, 2017, and shall submit that
report in compliance with Section 9795. The Commission shall develop
the report in consultation with the County of San Bernardino. The
report shall include, but not be limited to, all of the following:
(1) The status of the agreement.
(2) The estimated annual cost savings, if any, for the County of
San Bernardino.
(3) A summary of relevant annual performance metrics, including
measures of utilization, enforcement, and customer satisfaction.
(4) Any public comments submitted to the Commission or the County
of San Bernardino relative to the operation of the agreement.
(5) Any legislative recommendations.
(g) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the necessity to avoid an appearance of corruption in the
County of San Bernardino's electoral process. The proposed local
campaign finance reform ordinance is intended to make it more
difficult for candidates and influential individuals and entities to
engage in quid pro quo corruption, make the financing of campaigns
for elective county offices more transparent, and to make more
information, especially financial information, regarding candidates
and their supporters available to voters. Enforcement of the local
campaign finance reform ordinance by the Commission is needed to
ensure the integrity of the ordinance.
SEC. 3. 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.