BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2146| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2146 Author: Cook (R) Amended: 5/7/12 in Assembly Vote: 27 SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 5-0, 6/19/12 AYES: Correa, La Malfa, Gaines, Lieu, Yee SENATE APPROPRIATIONS COMMITTEE : 7-0, 7/2/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg ASSEMBLY FLOOR : 70-0, 5/25/12 - See last page for vote SUBJECT : Political Reform Act of 1974: San Bernardino County SOURCE : County of San Bernardino DIGEST : This bill authorizes the Fair Political Practices Commission (FPPC) to assume primary responsibility for administration and enforcement, as specified, of San Bernardino County's campaign finance ordinance, and authorizes the FPPC and the County to enter into any mutual agreements necessary to implement, including provisions regarding County reimbursement of FPPC's costs. ANALYSIS : The Political Reform Act of 1974 established the FPPC, which has the primary responsibility for the CONTINUED AB 2146 Page 2 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 permits San Bernardino County and the FPPC to enter into an agreement that provides for the FPPC to enforce a local campaign finance ordinance enacted by the county. Specifically, this bill: 1.Provides that, upon mutual agreement between the FPPC and the Board of Supervisors of San Bernardino County, the FPPC is authorized to assume primary responsibility for the administration and enforcement of a local campaign finance ordinance passed by the Board of Supervisors. Provides that the FPPC is authorized to be the civil prosecutor responsible for the civil enforcement of such an ordinance. Provides that as the civil prosecutor, the FPPC may do both of the following: 2.Investigate possible violations of the ordinance. 3.Bring administrative actions in accordance with the Political Reform Act (PRA) and the administrative adjudication provisions of the Administrative Procedure Act. 4.Requires any local campaign finance ordinance for San Bernardino County that is enforced by the FPPC to comply with the PRA. 5.Requires the Board of Supervisors of San Bernardino County to consult with the FPPC prior to adopting and amending any local campaign finance ordinance that will be enforced by the FPPC. 6.Permits the Board of Supervisors of San Bernardino County and the FPPC to enter into any agreements necessary and appropriate to carry out the provisions of this bill, including agreements pertaining to any necessary reimbursement of state costs by the county for the costs incurred in enforcing the county's campaign finance ordinance. CONTINUED AB 2146 Page 3 7.Permits the Board of Supervisors of San Bernardino County or the FPPC to terminate, at any time, an agreement made pursuant to this bill for the FPPC to enforce the county's campaign finance ordinance. Comments According to the author, "Many counties and cities across California have enacted campaign finance rules to create a level playing field for candidates and to stem the influence of "big money" in local politics. As a result, locally appointed ethics commissions often enforce campaign finance rules adopted by local governments. The County of San Bernardino, which has been the subject of several high-profile corruption cases, is in the process of developing a campaign finance ordinance that would establish contribution limits that mirror those applied to State Senate and Assembly candidates. Rather than appointing an ethics commission, which could present financial as well as conflict-of-interest challenges, the County proposes to contract with the Fair Political Practices Commission (FPPC) to enforce the rules." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee, unknown annual administration, implementation, and enforcement costs to the FPPC, to be reimbursed by the County of San Bernardino. SUPPORT : (Verified 7/3/12) County of San Bernardino (source) California State Association of Counties Fair Political Practices Commission Urban Counties Caucus ASSEMBLY FLOOR : 70-0, 5/25/12 AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, CONTINUED AB 2146 Page 4 Feuer, Fong, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Hagman, Halderman, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Atkins, Bill Berryhill, Fletcher, Fuentes, Grove, Hall, Knight, Ma, Perea, Silva DLW:d 7/3/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED