AB 1083, as introduced, Eggman. Political Reform Act of 1974: local campaign reform.
The Political Reform Act of 1974 establishes the Fair Political Practices Commission (Commission), which has the primary responsibility for the impartial, effective administration and implementation of the act. The act authorizes, upon mutual agreement between the Commission and the Board of Supervisors of the County of San Bernardino (board), the Commission to assume primary responsibility for the impartial, effective administration, implementation, and enforcement of a local campaign finance reform ordinance passed by the board. Under the act, the Commission may be the civil prosecutor responsible for civil enforcement of that local campaign finance reform ordinance.
This bill would make technical, nonsubstantive changes to this provision of law.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 83123.5 of the Government Code is
2amended to read:
(a) Upon mutual agreement between the Commission
4and the Board of Supervisors of the County of San Bernardino,
5the Commissionbegin delete is authorized toend deletebegin insert mayend insert assume primary responsibility
6for the impartial, effective administration, implementation, and
7enforcement of a local campaign finance reform ordinance passed
8by the Board of Supervisors of the County of San Bernardino. The
9Commissionbegin delete is authorized toend deletebegin insert mayend insert be the civil prosecutor
10responsible for the civil
enforcement of that local campaign finance
11reform ordinance in accordance with this title. As the civil
12prosecutor of the County of San Bernardino’s local campaign
13finance reform ordinance, the Commission may do both of the
14following:
15(1) Investigate possible violations of the local campaign finance
16reform ordinance.
17(2) Bring administrative actions in accordance with this title
18and Chapter 5 (commencing with Section 11500) of Part 1 of
19Division 3 of Title 2.
20(b) Any local campaign finance reform ordinance of the County
21of San Bernardino enforced by the Commission pursuant to this
22section shall comply with this title.
23(c) The Board of Supervisors of the County of San Bernardino
24shall consult with the Commission prior to adopting and amending
25any local
campaign finance reform ordinance that is subsequently
26enforced by the Commission pursuant to this section.
27(d) (1) The Board of Supervisors of the County of San
28Bernardino and the Commission may enter into any agreements
29necessary and appropriate to carry out the provisions of this section,
30including agreements pertaining to any necessary reimbursement
31of state costs with county funds for costs incurred by the
32Commission in administering, implementing, or enforcing a local
33campaign finance reform ordinance pursuant to this section.
34(2) An agreement entered into pursuant to this subdivision shall
35not contain any form of a cancellation fee, a liquidated damages
36provision, or other financial disincentive to the exercise of the
37right to terminate the agreement pursuant to subdivision (e), except
38that the Commission may require the Board of Supervisors of the
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County of San Bernardino to pay the Commission for services
2rendered and any other expenditures reasonably made by the
3Commission in anticipation of services to be rendered pursuant to
4the agreement in the event that the Board of Supervisors of the
5County of San Bernardino terminates the agreement.
6(e) The Board of Supervisors of the County of San Bernardino
7or the Commission may, at any time, by ordinance or resolution,
8terminate any agreement made pursuant to this section for the
9Commission to administer, implement, or enforce a local campaign
10finance reform ordinance or any provision thereof.
11(f) If an agreement is entered into pursuant to this section, the
12Commission shall report to the Legislature regarding the
13performance of that agreement on or before January 1, 2017, and
14shall submit that report in compliance with Section 9795. The
15Commission shall develop the report in
consultation with the
16County of San Bernardino. The report shall include, but not be
17limited to, all of the following:
18(1) The status of the agreement.
19(2) The estimated annual cost savings, if any, for the County of
20San Bernardino.
21(3) A summary of relevant annual performance metrics,
22including measures of utilization, enforcement, and customer
23satisfaction.
24(4) Any public comments submitted to the Commission or the
25County of San Bernardino relative to the operation of the
26agreement.
27(5) Any legislative recommendations.
28(g) This section shall remain in effect only until January 1, 2018,
29and as of that date is
repealed, unless a later enacted statute, that
30is enacted before January 1, 2018, deletes or extends that date.
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