BILL ANALYSIS                                                                                                                                                                                                    



                                        
                       SENATE LOCAL GOVERNMENT COMMITTEE
                        Senator Patricia Wiggins, Chair


          BILL NO:  AB 528                      HEARING:  6/17/09
          AUTHOR:  Silva                        FISCAL:  No
          VERSION:  6/9/09                      CONSULTANT:  Detwiler

                             LAFCOs AND DISCLOSURE
          
                           Background and Existing Law  

          The Political Reform Act requires ballot measure committees  
          to disclose and report their contributions and  
          expenditures.  The Fair Political Practices Commission  
          enforces these requirements.

          The Cortese-Knox-Hertzberg Act creates local agency  
          formation commissions (LAFCOs) and controls the boundaries  
          of cities and special districts.  Contributions and  
          expenditures for political purposes on boundary changes  
          approved by LAFCOs must be disclosed and reported subject  
          to the same requirements that the Political Reform Act  
          provides for local initiatives (AB 745, Silva, 2007).   
          Contributions and expenditures to support or oppose LAFCO  
          proposals are also subject to Political Reform Act's  
          reporting and enforcement requirements (AB 1998, Silva,  
          2008).  Local officials want the Legislature to clarify the  
          specific language of the 2007 and 2008 Silva bills.


                                   Proposed Law  

          Assembly Bill 528 creates a new definition of a "LAFCO  
          proposal" within the Political Reform Act.  Within the  
          Cortese-Knox-Hertzberg Act, AB 528 replaces specific  
          cross-references to the Political Reform Act with a direct  
          requirement to disclose and report contributions and  
          expenditures for political purposes pursuant to the  
          Political Reform Act.


                                     Comment  

           Clarity is good  .  The Political Reform Act and the  
          Cortese-Knox-Hertzberg Act each has its own particular  
          vocabulary.  As the 2007 and 2008 Silva bills have expanded  
          the disclosure and reporting requirements, drafters have  




          AB 528 -- 6/9/09 -- Page 2



          struggled to get the words right.  AB 528 completes that  
          process by relying on the correct technical language.

















































          AB 528 -- 6/9/09 -- Page 3



                                 Assembly Actions  

          Assembly Local Government Committee:  7-0
          Assembly Elections & Reapportionment Committee:  7-0
          Assembly Floor:                         78-0


                         Support and Opposition  (6/11/09)

           
          Support  :  California Association of Local Agency Formation  
          Commissions, Fair Political Practices Commission, Orange  
          LAFCO, San Diego LAFCO, Santa Barbara LAFCO, Santa Cruz  
          LAFCO.

           Opposition  :  Unknown.