Amended in Senate April 7, 2014

Senate BillNo. 1226


Introduced by Senator Correa

(Coauthor: Assembly Member Mansoor)

February 20, 2014


An act to amend Section 83123.5 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 1226, as amended, Correa. Political Reform Act of 1974: local campaign finance reform.

Existing lawbegin insert, until January 1, 2018,end insert authorizes the Fair Political Practices Commission, upon mutual agreement between the Commission and the Board of Supervisors of the County of San Bernardino, 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. Existing law authorizes 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. Existing law requires 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. Existing law specifies 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. Existing law provides 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. Existing law requires 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 extend these provisions tobegin delete the County of Orangeend deletebegin insert any participating city or county, as specified. The bill would modify these provisions by requiring the Commission to be the civil prosecutor responsible for the civil enforcement of the local campaign finance ordinance, as specified, and authorizing the Commission to provide advice and guidance regarding the ordinance and to bring civil actions to enforce the civil penalties and remedies of the ordinance. The bill would extend these provisions indefinitely by repealing the January 1, 2018, repeal dateend insert.

begin delete

The bill would make legislative findings and declarations concerning the need for special legislation.

end delete

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: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 83123.5 of the Government Code is
2amended to read:

3

83123.5.  

(a) Upon mutual agreement between the Commission
4and thebegin insert city council orend insert board of supervisors of a participatingbegin insert city
5orend insert
county, the Commission is authorized to assume primary
6responsibility for the impartial, effective administration,
7implementation, and enforcement of a local campaign finance
8begin delete reformend delete ordinance passed by thebegin insert city council or end insert board of supervisors
9of the participatingbegin insert city orend insert county.begin delete Theend deletebegin insert Upon agreement, theend insert
10 Commissionbegin delete is authorized toend deletebegin insert shallend insert be the civil prosecutor
11responsible for the civil enforcement of that local campaign finance
12begin delete reformend delete ordinance in accordance with this title.begin insert As the civil
P3    1prosecutor of the participating city’s or county’s local campaign
2finance ordinance, the Commission is not required to seek
3authorization from the city attorney or district attorney of a
4participating city or county to bring a civil or administrative action
5to enforce the ordinance.end insert
As the civil prosecutor of the participating
6begin insert city’s orend insert county’s local campaign financebegin delete reformend delete ordinance, the
7Commission may dobegin delete bothend deletebegin insert allend insert of the following:

begin insert

8(1) Provide advice and guidance regarding the local campaign
9finance ordinance.

end insert
begin delete

10(1)

end delete

11begin insert(2)end insert Investigate possible violations of the local campaign finance
12begin delete reformend delete ordinance.

begin delete

13(2)

end delete

14begin insert(3)end insert Bring administrative actionsbegin insert to enforce the local campaign
15finance ordinanceend insert
in accordance with this title and Chapter 5
16(commencing with Section 11500) of Part 1 of Division 3 of Title
172.

begin insert

18(4) Bring civil actions to enforce the civil penalties and remedies
19of the local campaign finance ordinance.

end insert

20(b) Any local campaign financebegin delete reformend delete ordinance of the
21participatingbegin insert city orend insert county enforced by the Commission pursuant
22to this section shall comply with this title.

23(c) Thebegin insert city council orend insert board of supervisors of the participating
24begin insert city orend insert county shall consult with the Commission prior to adopting
25begin delete andend deletebegin insert orend insert amending any local campaign financebegin delete reformend delete ordinance
26that is subsequently enforced by the Commission pursuant to this
27section.

28(d) (1) Thebegin insert city council orend insert board of supervisors of the
29participatingbegin insert city orend insert county and the Commission may enter into
30any agreements necessary and appropriate to carry out the
31provisions of this section, including agreements pertaining to any
32necessary reimbursement of state costs with county funds for costs
33incurred by the Commission in administering, implementing, or
34enforcing a local campaign financebegin delete reformend delete ordinance pursuant to
35this section.

36(2) An agreement entered into pursuant to this subdivision shall
37not contain any form of a cancellation fee, a liquidated damages
38provision, or other financial disincentive to the exercise of the
39right to terminate the agreement pursuant to subdivision (e), except
40that the Commission may require thebegin insert city council orend insert board of
P4    1supervisors of the participatingbegin insert city orend insert county to pay the
2Commission for services rendered and any other expenditures
3reasonably made by the Commission in anticipation of services to
4be rendered pursuant to the agreement in the event that thebegin insert city
5council orend insert
board of supervisors of the participatingbegin insert city orend insert county
6terminates the agreement.

7(e) Thebegin insert city council orend insert board of supervisors of the participating
8begin insert city orend insert county or the Commission may, at any time, by ordinance
9or resolution, terminate any agreement made pursuant to this
10section for the Commission to administer, implement, or enforce
11a local campaign financebegin delete reformend delete ordinance or any provision thereof.

12(f) If an agreement is entered intobegin insert with the County of San
13Bernardinoend insert
pursuant to this section, the Commission shall report
14to the Legislature regarding the performance of that agreement on
15or before January 1, 2017, and shall submit that report in
16compliance with Section 9795. The Commission shall develop the
17report in consultation with thebegin delete participating countyend deletebegin insert County of San
18Bernardinoend insert
. The report shall include, but not be limited to, all of
19the following:

20(1) The status of the agreement.

21(2) The estimated annual cost savings, if any, for the
22begin delete participating countyend deletebegin insert County of San Bernardinoend insert.

23(3) A summary of relevant annual performance metrics,
24including measures of utilization, enforcement, and customer
25satisfaction.

26(4) Any public comments submitted to the Commission or the
27begin delete participating countyend deletebegin insert County of San Bernardinoend insert relative to the
28operation of the agreement.

29(5) Any legislative recommendations.

begin delete

30(g) For purposes of this section, “participating county” means
31the County of Orange or the County of San Bernardino.

end delete
begin delete

32(h)

end delete
begin delete


33This section shall remain in effect only until January 1, 2018,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2018, deletes or extends that date.

end delete
begin insert

36(g) For purposes of this section, “participating city or county”
37means any city or county that enters into a mutual agreement
38described in subdivision (a).

end insert
begin delete
39

SEC. 2.  

The Legislature finds and declares that a special law
40is necessary and that a general law cannot be made applicable
P5    1within the meaning of Section 16 of Article IV of the California
2Constitution because of the necessity to ensure the integrity of the
3electoral process while reducing corruption, and the appearance
4of corruption, in the County of Orange.

end delete
5

begin deleteSEC. 3.end delete
6begin insertSEC. 2.end insert  

The Legislature finds and declares that this bill furthers
7the purposes of the Political Reform Act of 1974 within the
8meaning of subdivision (a) of Section 81012 of the Government
9Code.



O

    98