BILL NUMBER: AB 910 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2015
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 Board of
Supervisors of the County of Orange governing body of
any city, county, or city and county, to also enter into such
an agreement, as specified. specified, if the
governing body of the city, county, or city and county, or a
majority of voters, approves the agreement. 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.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Orange.
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) (1) For
purposes of this section, "local agency" means a city,
county, or city and county.
(b) (1) Upon mutual
agreement between the Commission and the Board of
Supervisors of the County of Orange, governing body of
a local agency, the Commission is authorized to assume primary
responsibility for the impartial, effective administration,
implementation, and enforcement of a local campaign finance ordinance
passed by the Board of Supervisors of the County of Orange.
Upon agreement, of the local agency if the agreement
has been approved by either of the following:
(A) The governing body of the local agency.
(B) A majority of the voters in the local agency who voted on the
agreement.
(2) (A) Upon
approval of an agreement pursuant to paragraph (1), the
Commission shall be the civil prosecutor responsible for the civil
enforcement of that the local campaign
finance ordinance of the local agency in accordance with
this title.
(2) (A)
( B) As the civil prosecutor of the
County of Orange's local agency's 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.
(B)
(C) The Commission shall not be required to obtain
authorization from the city or district attorney of the
County of Orange local agency to bring
an administrative or civil action pursuant to subparagraph
(A). (B).
(b)
(c) A local campaign finance ordinance of the
County of Orange local agency
enforced by the Commission pursuant to this section shall comply with
this title.
(c) The Board of Supervisors of the County of Orange
(d) The governing body of the
local agency 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.
(d)
(e) (1) The Board of Supervisors of the County
of Orange The governing body of the local agency
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
(e), (f), except that the Commission may require
the Board of Supervisors of the County of Orange
governing body of the local agency 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 Orange governing body of the local
agency terminates the agreement.
(e) The Board of Supervisors of the County of Orange or the
Commission
(f) The governing body of the local
agency may, at any time, by ordinance or resolution, terminate
any an agreement made pursuant to this
section for the Commission to administer, implement, or enforce a
local campaign finance ordinance or any provision thereof.
(f)
(g) 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
County of Orange. local agency. 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 Orange. local agency.
(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 Orange local agency relative
to the operation of the agreement.
(5) Any legislative recommendations.
(g)
(h) 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.
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.
SEC. 3. SEC. 2. 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.