Senate Bill No. 1226

Introduced by Senator Correa

(Coauthor: Assembly Member Mansoor)

February 20, 2014

An act to amend Section 83123.5 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 1226, as introduced, Correa. Political Reform Act of 1974: local campaign finance reform.

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. Existing law authorizes the Commission to investigate possible violations of the local county campaign finance reform ordinance and bring administrative actions against persons who violate the ordinance, as specified. Existing law requires the Board of Supervisors of the County of San Bernardino to consult with the Commission prior to adopting and amending any local campaign finance reform ordinance that is subsequently enforced by the Commission. Existing law specifies that the Board of Supervisors of the County of San Bernardino and the Commission may enter into any agreements necessary and appropriate for the operation of these provisions, including agreements for reimbursement of state costs with county funds, as specified. Existing law provides that the Board of Supervisors of the County of San Bernardino or the Commission may, at any time, by ordinance or resolution, terminate any agreement for the Commission to administer, implement, or enforce the local campaign finance reform ordinance or any provision thereof. Existing law requires the Commission to report to the Legislature with specified information on or before January 1, 2017, if the Commission enters into an agreement with the Board of Supervisors of the County of San Bernardino.

This bill would extend these provisions to the County of Orange.

The bill would make legislative findings and declarations concerning the need for special legislation.

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

The people of the State of California do enact as follows:

SECTION 1.  

Section 83123.5 of the Government Code is
amended to read:

83123.5.  

(a) Upon mutual agreement between the Commission
and the begin delete Board end delete begin insert board end insert of begin delete Supervisors end delete begin insert supervisors end insert of begin delete the County of
San Bernardino, end delete begin insert a participating county, end insert 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 begin delete Board end delete
begin insert board end insert of begin delete Supervisors end delete begin insert supervisors end insert of the begin delete County of San Bernardino end delete
begin insert participating county end insert . 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 begin delete County of San Bernardino’s end delete
begin insert participating county’s end insert 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 begin delete County
of San Bernardino end delete begin insert participating county end insert enforced by the
Commission pursuant to this section shall comply with this title.

(c) The begin delete Board end delete begin insert board end insert of begin delete Supervisors end delete begin insert supervisors end insert of the begin delete County
of San Bernardino end delete begin insert participating county end insert 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 begin delete Board end delete begin insert board end insert of begin delete Supervisors end delete begin insert supervisors end insert of the
begin delete County of San Bernardino end delete begin insert participating county end insert 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 begin delete Board end delete begin insert board end insert of begin delete Supervisors end delete
begin insert supervisors end insert of the begin delete County of San Bernardino end delete begin insert participating county end insert
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 begin delete Board end delete begin insert board end insert of begin delete Supervisors end delete begin insert supervisors end insert of the begin delete County of
San Bernardino end delete begin insert participating county end insert terminates the agreement.

(e) The begin delete Board end delete begin insert board end insert of begin delete Supervisors end delete begin insert supervisors end insert of the begin delete County
of San Bernardino end delete begin insert participating county end insert 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
begin delete County of San Bernardino end delete begin insert participating county end insert . 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 begin delete County of
San Bernardino end delete begin insert participating county end insert .

(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
begin delete County of San Bernardino end delete begin insert participating county end insert relative to the
operation of the agreement.

(5) Any legislative recommendations.

begin insert

(g) For purposes of this section, “participating county” means
the County of Orange or the County of San Bernardino.

end insert begin delete

(g)

end delete

begin insert (h) end insert  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.

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 ensure the integrity of the
electoral process while reducing corruption, and the appearance
of corruption, in the County of Orange.

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.