AB 2070, as introduced, 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 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.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
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 83123.7 is added to the Government
2Code, to read:
(a) (1) Upon mutual agreement between the
4Commission and the Board of Supervisors of the County of Orange,
5the Commission is authorized to assume primary responsibility
6for the impartial, effective administration, implementation, and
7enforcement of a local campaign finance ordinance passed by the
8Board of Supervisors of the County of Orange. Upon agreement,
9the Commission shall be the civil prosecutor responsible for the
10civil enforcement of that local campaign finance ordinance in
11accordance with this title.
12(2) (A) As the civil prosecutor of the County of Orange’s local
13campaign finance ordinance, the Commission may do all of the
14following with respect to the local campaign finance ordinance:
15(i) Provide advice.
16(ii) Investigate possible violations.
17(iii) 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(iv) Bring civil actions.
21(B) The Commission shall not be required to obtain
22authorization from the district attorney of the County of Orange
23to bring an administrative or civil action pursuant to subparagraph
24(A).
25(b) A local campaign finance ordinance of the County of Orange
26enforced by the Commission pursuant to this section shall comply
27with this title.
28(c) The Board of Supervisors of the County of Orange shall
29consult with the Commission prior to adopting and amending any
P3 1local campaign finance ordinance that is subsequently enforced
2by the Commission pursuant to this section.
3(d) (1) The Board of Supervisors of the County of Orange and
4the Commission may enter into any agreements necessary and
5appropriate to carry out the provisions of this section, including
6agreements pertaining to any necessary reimbursement of state
7costs with county funds for costs incurred by the Commission in
8administering, implementing, or enforcing a local campaign finance
9ordinance pursuant to this section.
10(2) An agreement entered into pursuant to this subdivision shall
11not contain any form of a cancellation fee, a liquidated damages
12provision, or other financial disincentive to the exercise of the
13right to
terminate the agreement pursuant to subdivision (e), except
14that the Commission may require the Board of Supervisors of the
15County of Orange to pay the Commission for services rendered
16and any other expenditures reasonably made by the Commission
17in anticipation of services to be rendered pursuant to the agreement
18in the event that the Board of Supervisors of the County of Orange
19terminates the agreement.
20(e) The Board of Supervisors of the County of Orange or the
21Commission may, at any time, by ordinance or resolution, terminate
22any agreement made pursuant to this section for the Commission
23to administer, implement, or enforce a local campaign finance
24ordinance or any provision thereof.
25(f) If an agreement is entered into pursuant to this section, the
26Commission shall report to the Legislature regarding the
27performance of that agreement on or before January 1, 2019, and
28shall
submit that report in compliance with Section 9795. The
29Commission shall develop the report in consultation with the
30County of Orange. The report shall include, but not be limited to,
31all of the following:
32(1) The status of the agreement.
33(2) The estimated annual cost savings, if any, for the County of
34Orange.
35(3) A summary of relevant annual performance metrics,
36including measures of utilization, enforcement, and customer
37satisfaction.
38(4) Any public comments submitted to the Commission or the
39County of Orange relative to the operation of the agreement.
40(5) Any legislative recommendations.
The Legislature finds and declares that a special law
2is necessary and that a general law cannot be made applicable
3within the meaning of Section 16 of Article IV of the California
4Constitution because of the necessity to ensure the integrity of the
5electoral process while reducing corruption, and the appearance
6of corruption, in the County of Orange.
The Legislature finds and declares that this bill furthers
8the purposes of the Political Reform Act of 1974 within the
9meaning of subdivision (a) of Section 81012 of the Government
10Code.
This act is an urgency statute necessary for the
12immediate preservation of the public peace, health, or safety within
13the meaning of Article IV of the Constitution and shall go into
14immediate effect. The facts constituting the necessity are:
15Measure E, which was passed by Orange County voters in
16November, 2014, authorized the County to contract with the
17Commission for the administration and enforcement of its local
18campaign finance ordinance. In order for Measure E to take effect,
19statutory authority is needed to enter into such an agreement with
20the Commission. Therefore, is it necessary that this act take effect
21immediately.
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