BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2146|
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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
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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.
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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,
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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
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