BILL ANALYSIS
AB 528
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Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
AB 528 (Silva) - As Amended: March 31, 2009
SUBJECT : Local government: reorganization: expenditure
reporting.
SUMMARY : Conforms the reporting and disclosure requirements of
campaigns associated with local boundary changes in the
Cortese-Knox-Hertzberg Act (Act) with the requirements of the
Political Reform Act (PRA). Specifically, this bill :
1)Requires that contributions and expenditures made for a
political purpose related to a proposal or proceeding, before
a Local Agency Formation Commission (LAFCO) be disclosed and
reported pursuant to the applicable sections in the Political
Reform Act.
2)Amends the definition of a "LAFCO proposal" in the PRA to
conform with the definition contained in the
Cortese-Knox-Hertzberg Act.
3)Removes obsolete language from the Cortese-Knox-Hertzberg Act
and corrects cross references in the Act to the PRA.
4)Declares that this bill furthers the purposes of the Political
Reform Act of 1974.
EXISTING LAW requires that expenditures for political purposes
related to a proposal for a change of organization or
reorganization that will be submitted to a LAFCO, and
contributions in support of or in opposition to those proposals
shall be disclosed and reported pursuant to the Political Reform
Act of 1974.
FISCAL EFFECT : Unknown
COMMENTS :
1)AB 528 (Silva) amends the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 to properly reflect the
Political Reform Act as governing LAFCO financial disclosure
requirements. The bill also provides conforming and
AB 528
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clarifying language to correct several erroneous
cross-references to the Political Reform Act, and conforms the
definition of a "LAFCO proposal" contained in the Public
Records Act to the definition contained in the
Cortese-Knox-Hertzberg Act.
2)Over the past few years there have been a number of bills
relating to LAFCO disclosure issues. AB 745 (Silva), Chapter
109, Statutes of 2007, required that contributions and
expenditures for political purposes on boundary changes
approved by a LAFCO be disclosed and reported subject to the
same requirements that the Political Reform Act provides for
local initiative measures. AB 1998 (Silva), Chapter 192,
Statues of 2008, added the substance of those disclosure and
reporting requirements into the Political Reform Act.
3)Due to the fact that AB 528 amends the Political Reform Act of
1974, this bill requires a
two-thirds vote.
4)This bill is double-referred to the Committee on Elections and
Redistricting.
REGISTERED SUPPORT / OPPOSITION :
Support
CA Association of Local Agency Formation Commissions [SPONSOR]
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958