BILL NUMBER: AB 1083	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 27, 2015

   An act to  amend Section 83123.5   add and
repeal Section 83123.6  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
 campaign reform.   enforcement. 
    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,  
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 (board), the
Commission to assume   Bernardino, to have  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.   of the
County of San Bernardino, as specified.  
   This bill would make technical, nonsubstantive changes to this
provision of law.  
   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. 

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

   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:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 83123.6 is added to the 
 Government Code  , to read:  
   83123.6.  (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. 
   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 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. 
   SEC. 3.    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.  
  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.