Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1083

Introduced by Assembly Member Eggman

February 27, 2015

An act to begin delete amend Section 83123.5 end delete begin insert add and repeal Section 83123.6 end insert of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

AB 1083, as amended, Eggman. Political Reform Act of 1974: local begin delete campaign reform. end delete begin insert enforcement. end insert

begin delete 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, end delete begin insert Existing law authorizes the Fair Political Practices Commission, end insert upon mutual agreement between the Commission and the Board of Supervisors of the County of San begin delete Bernardino (board), the Commission to assume end delete begin insert Bernardino, to have end insert primary responsibility for the impartial, effective administration, implementation, and enforcement of a local campaign finance reform ordinance begin delete 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. end delete begin insert of the County of San Bernardino, as specified. end insert

begin delete

This bill would make technical, nonsubstantive changes to this provision of law.

end delete begin insert

This bill would authorize the Commission and the City Council of the City of Stockton to also enter into such an agreement, as specified. 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.

end insert begin insert

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

end insert begin insert

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.

end insert begin insert

This bill would declare that it furthers the purposes of the act.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 83123.6 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 83123.6. end insert   

(a) Upon mutual agreement between the Commission
and the City Council of the City of Stockton, the Commission is
authorized to assume primary responsibility for the impartial,
effective administration, implementation, and enforcement of a
local campaign finance reform ordinance passed by the City
Council of the City of Stockton. The Commission is authorized to
be the civil prosecutor responsible for the civil enforcement of that
local campaign finance reform ordinance in accordance with this
title. As the civil prosecutor of the City of Stockton’s local
campaign finance reform ordinance, the Commission may do both
of the following:

(1) Investigate possible violations of the local campaign finance
reform ordinance.

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

(b) Any local campaign finance reform ordinance of the City
of Stockton enforced by the Commission pursuant to this section
shall comply with this title.

(c) The City Council of the City of Stockton shall consult with
the Commission before adopting and amending any local campaign
finance reform ordinance that is subsequently enforced by the
Commission pursuant to this section.

(d) (1) The City Council of the City of Stockton 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 city funds for costs incurred by the Commission in
administering, implementing, or enforcing a local campaign
finance reform 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), except
that the Commission may require the City Council of the City of
Stockton 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
if the City Council of the City of Stockton terminates the agreement.

(e) The City Council of the City of Stockton or the Commission
may, at any time, by ordinance or resolution, terminate any
agreement made pursuant to this section for the Commission to
administer, implement, or enforce a local campaign finance reform
ordinance or any provision thereof.

(f) 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 City
Council of the City of Stockton. 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 City of
Stockton.

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

(4) Public comments submitted to the Commission or the City
of Stockton relative to the operation of the agreement.

(5) Legislative recommendations.

(g) 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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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 avoid an appearance of
corruption in the City of Stockton’s electoral process. The proposed
local campaign finance reform ordinance is intended to make it
more difficult for candidates and influential individuals and entities
to engage in quid pro quo corruption, make the financing of
campaigns for elective city offices more transparent, and to make
more information, especially financial information, regarding
candidates and their supporters available to voters. Enforcement
of the local campaign finance reform ordinance by the Commission
is needed to ensure the integrity of the ordinance.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin 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.

end insert

begin delete

SECTION 1.  

Section 83123.5 of the Government Code is
amended to read:

83123.5.  

(a) Upon mutual agreement between the Commission
and the Board of Supervisors of the County of San Bernardino,
the Commission may assume primary responsibility for the
impartial, effective administration, implementation, and
enforcement of a local campaign finance reform ordinance passed
by the Board of Supervisors of the County of San Bernardino. The
Commission may be the civil prosecutor responsible for the civil
enforcement of that local campaign finance reform ordinance in
accordance with this title. As the civil prosecutor of the County
of San Bernardino’s local campaign finance reform ordinance, the
Commission may do both of the following:

(1) Investigate possible violations of the local campaign finance
reform ordinance.

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

(b) Any local campaign finance reform ordinance of the County
of San Bernardino enforced by the Commission pursuant to this
section shall comply with this title.

(c) The Board of Supervisors of the County of San Bernardino
shall consult with the Commission prior to adopting and amending
any local campaign finance reform ordinance that is subsequently
enforced by the Commission pursuant to this section.

(d) (1) The Board of Supervisors of the County of San
Bernardino 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 reform 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), except
that the Commission may require the Board of Supervisors of the
County of San Bernardino 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 San Bernardino terminates the agreement.

(e) The Board of Supervisors of the County of San Bernardino
or the Commission may, at any time, by ordinance or resolution,
terminate any agreement made pursuant to this section for the
Commission to administer, implement, or enforce a local campaign
finance reform ordinance or any provision thereof.

(f) 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, 2017, and
shall submit that report in compliance with Section 9795. The
Commission shall develop the report in consultation with the
County of San Bernardino. 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
San Bernardino.

(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 San Bernardino relative to the operation of the
agreement.

(5) Any legislative recommendations.

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

end delete