Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 910

Introduced by Assembly Member Harper

(Coauthor: Assembly Member Travis Allen)

(Coauthor: Senator Bates)

February 26, 2015

An act to add and repeal Section 83123.7 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

AB 910, as amended, Harper. Political Reform Act of 1974: local enforcement.

Existing law 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, as specified.

This bill would authorize the Commission and the begin delete Board of Supervisors of the County of Orange end delete begin insert governing body of any city, county, or city and county, end insert to also enter into such an agreement, as begin delete specified. end delete begin insert specified, if the governing body of the city, county, or city and county, or a majority of voters, approves the agreement. end insert The bill would require, if an agreement is entered into, that the Commission report specified information to the Legislature regarding the performance of that agreement on or before January 1, 2019. The bill would repeal its provisions on January 1, 2020.

begin delete

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange.

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: 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 83123.7 is added to the Government
Code, to read:

83123.7.  

(a)  begin delete (1) end delete begin delete   end delete begin insert For end insert begin insert purposes of this section, “local agency”
means a city, county, or city and county. end insert

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert Upon mutual agreement between the Commission and
the begin delete Board of Supervisors of the County of Orange, end delete begin insert governing body
of a local agency, end insert the Commission is authorized to assume primary
responsibility for the impartial, effective administration,
implementation, and enforcement of a local campaign finance
ordinance begin delete passed by the Board of Supervisors of the County of
Orange. Upon agreement, end delete begin insert of the local agency if the agreement has
been approved by either of the following: end insert

begin insert

(A) The governing body of the local agency.

end insert begin insert

(B) A majority of the voters in the local agency who voted on
the agreement.

end insert

begin insert (2) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert Upon approval of an agreement pursuant to paragraph
(1), end insert the Commission shall be the civil prosecutor responsible for
the civil enforcement of begin delete that end delete begin insert the end insert local campaign finance ordinance
begin insert of the local agency end insert in accordance with this title.

begin delete

(2) (A)

end delete

begin insert ( end insert begin insert B) end insert  As the civil prosecutor of the begin delete County of Orange’s end delete local
begin insert agency’s end insert campaign finance ordinance, the Commission may do
all of the following with respect to the local campaign finance
ordinance:

(i) Provide advice.

(ii) Investigate possible violations.

(iii) Bring administrative actions in accordance with this title
and Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2.

(iv) Bring civil actions.

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(B)

end delete

begin insert (C) end insert  The Commission shall not be required to obtain
authorization from the begin insert city or end insert district attorney of the begin delete County of
Orange end delete begin insert local agency end insert to bring an administrative or civil action
pursuant to subparagraph begin delete (A). end delete begin insert (B). end insert

begin delete

(b)

end delete

begin insert (c) end insert  A local campaign finance ordinance of the begin delete County of Orange end delete begin insert end insert
begin insert local agency end insert enforced by the Commission pursuant to this section
shall comply with this title.

begin delete

(c) The Board of Supervisors of the County of Orange

end delete

begin insert (d) end insert begin insert   end insert begin insert The governing body of the local agency end insert shall consult with
the Commission prior to adopting and amending any local
campaign finance ordinance that is subsequently enforced by the
Commission pursuant to this section.

begin delete

(d)

end delete

begin insert (e) end insert  (1)  begin delete The Board of Supervisors of the County of Orange end delete begin insert The
governing body of the local agency end insert 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 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 begin delete (e), end delete begin insert (f), end insert
except that the Commission may require the begin delete Board of Supervisors
of the County of Orange end delete begin insert governing body of the local agency end insert 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 begin delete Board of Supervisors of the County of Orange end delete begin insert governing
body of the local agency end insert terminates the agreement.

begin delete

(e) The Board of Supervisors of the County of Orange or the
Commission

end delete

begin insert (f) end insert begin insert   end insert begin insert The governing body of the local agency end insert may, at any time,
by ordinance or resolution, terminate begin delete any end delete begin insert an end insert agreement made
pursuant to this section for the Commission to administer,
implement, or enforce a local campaign finance ordinance or any
provision thereof.

begin delete

(f)

end delete

begin insert (g) end insert  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, 2019, and
shall submit that report in compliance with Section 9795. The
Commission shall develop the report in consultation with the
begin delete County of Orange. end delete begin insert local agency. end insert 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 begin delete County of
Orange. end delete begin insert local end insert begin insert agency. end insert

(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
begin delete County of Orange end delete begin insert local agency end insert relative to the operation of the
agreement.

(5) Any legislative recommendations.

begin delete

(g)

end delete

begin insert (h) end insert  This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete

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 ensure the integrity of the
electoral process while reducing corruption, and the appearance
of corruption, in the County of Orange.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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.