BILL ANALYSIS Ó
AB 1083
Page 1
ASSEMBLY THIRD READING
AB
1083 (Eggman)
As Amended March 26, 2015
2/3 vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Elections |5-1 |Travis Allen, |Ridley-Thomas |
| | |Gatto, Gordon, | |
| | |Mullin, Perea | |
| | | | |
|----------------+------+--------------------+----------------------|
|Local |9-0 |Maienschein, | |
|Government | |Gonzalez, Alejo, | |
| | |Chiu, Cooley, | |
| | |Gordon, Holden, | |
| | |Linder, Waldron | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
AB 1083
Page 2
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| | | | |
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SUMMARY: Permits the City Council of the City of Stockton and the
Fair Political Practices Commission (FPPC) to enter into an
agreement that provides for the FPPC to enforce a local campaign
finance ordinance passed by the City Council of the City of
Stockton. Specifically, this bill:
1)Provides that, upon mutual agreement between the FPPC and the
City Council of the City of Stockton, the FPPC is authorized to
assume primary responsibility for the impartial, effective
administration, implementation, and enforcement of a local
campaign finance ordinance passed by the City Council of the
City of Stockton. Provides that the FPPC is authorized to be
the civil prosecutor responsible for the civil enforcement of
such an ordinance, as specified.
2)Requires the City Council of the City of Stockton to consult
with the FPPC prior to adopting and amending any local campaign
finance reform ordinance that will be enforced by the FPPC.
3)Permits the City Council of the City of Stockton and the FPPC to
enter into any agreements necessary and appropriate to carry out
the provisions of this bill, as specified.
4)Prohibits an agreement entered into pursuant to the provisions
of this bill from containing any form of a cancellation fee,
liquidated damages provision, or other financial disincentive to
the exercise of the right to terminate the agreement, except
that the FPPC may require the City Council of the City of
Stockton to pay the FPPC for services rendered and any other
expenditures reasonably made by the FPPC in anticipation of
services to be rendered pursuant to the agreement if the City
Council of the City of Stockton terminates the agreement.
AB 1083
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5)Permits the City Council of the City of Stockton or the FPPC to
terminate, at any time, by ordinance or resolution, any
agreement made pursuant to this bill for the FPPC to administer,
implement, or enforce a local campaign finance reform ordinance
or any other provisions thereof.
6)Requires the FPPC, if an agreement is entered into pursuant to
the provisions of this bill, to report to the Legislature, as
specified, on or before January 1, 2019, and submit that report
in compliance with current law. Requires the FPPC to develop
the report in consultation with the City Council of the City of
Stockton.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, all costs to the FPPC will be reimbursed by the City
[of Stockton] by mutual agreement.
COMMENTS: According to the author, "This bill seeks to amend the
Political Reform Act of 1974 in order to authorize the Fair
Political Practices Commission (FPPC) to enter into an agreement
with the City of Stockton to enforce campaign contribution limits.
There is an ongoing, national debate about the role money plays
in campaigns, and particularly the effect that large contributions
have on candidates once they are elected. Candidates for elected
office typically rely on money to fund effective campaigns; the
amount and source of those donations can vary greatly. The City
of Stockton currently imposes no limits on donations by
individuals to campaigns for city offices, so the City Council is
considering the adoption of a municipal ordinance setting
individual campaign donation limits. The city does not have the
resources to oversee and enforce such [an] ordinance, but the FPPC
has, through past legislation, arranged with the County of San
Bernardino to do just that. This bill would simply allow the City
of Stockton to make the same mutual arrangement with the FPPC."
AB 1083
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In 2012, the Legislature passed and the Governor signed AB 2146
(Cook), Chapter 169, Statutes of 2012, which permitted San
Bernardino County (County) and the FPPC to enter into an agreement
that provides for the FPPC to enforce the County's local campaign
finance reform ordinance. Prior to this, the FPPC did not enforce
any local campaign finance ordinances. According to previous
analyses, the County, which had been the subject of several
high-profile corruption cases, was in the process of developing a
campaign finance ordinance. Rather than appoint an ethics
commission, which could present financial as well as conflict of
interest challenges, the County proposed to contract with the FPPC
to enforce their local campaign finance ordinance. Moreover, the
County determined that it was in the best interest of the County
to retain the services of the FPPC to provide for the enforcement
and interpretation of the County's local campaign finance
ordinance as the FPPC has special skills, knowledge, experience,
and expertise in the area of enforcement and interpretation of
campaign laws necessary to effectively advise, assist, litigate,
and otherwise represent the County on such matters. As a result,
the FPPC and San Bernardino County entered into a mutual
agreement, from January 1, 2013, through December 31, 2014, for
the FPPC to provide the County campaign enforcement and
interpretation services for the impartial, effective
administration, implementation, and enforcement of the San
Bernardino's campaign finance reform ordinance. According to the
FPPC, San Bernardino County and the FPPC have entered into a new
two-year mutual agreement.
California voters passed an initiative, Proposition 9, in 1974
that created the FPPC and codified significant restrictions and
prohibitions on candidates, officeholders, and lobbyists. That
initiative is commonly known as the Political Reform Act.
Amendments to the Political Reform Act that are not submitted to
the voters, such as those contained in this bill, must further the
purposes of the proposition and require a two-thirds vote of each
house of the Legislature.
AB 1083
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Please the policy committee analysis for a full discussion of this
bill.
Analysis Prepared by: Nichole Becker / E. &
R. / (916) 319-2094 FN:
0000403