SB 1226, as amended, Correa. Political Reform Act of 1974: local campaign finance reform.
Existing law, until January 1, 2018, 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 any participating city or county, as specified. The bill would modify these provisions by requiring the Commission to be the civil prosecutor responsible for the civil enforcement of the local campaign finance ordinance, as specified, and authorizing the Commission to provide advice and guidance regarding the ordinance and to bring civil actions to enforce the civil penalties and remedies of the ordinance. The bill would extend these provisions indefinitely by repealing the January 1, 2018, repeal date.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon abegin delete 2/3end deletebegin insert2⁄3end insert 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 83123.5 of the Government Code is
2amended to read:
(a) Upon mutual agreement between the Commission
4and the city council or board of supervisors of a participating city
5or county, the Commission is authorized to assume primary
6responsibility for the impartial, effective administration,
7implementation, and enforcement of a local campaign finance
8ordinancebegin delete passed by the city council or board of supervisors of the
9
participating
city or countyend delete
10shall be the civil prosecutor responsible for the civil enforcement
11of that local campaign finance ordinance in accordance with this
12title. As the civil prosecutor of the participating city’s or county’s
13local campaign finance ordinance, the Commission is not required
14to seek authorization from the city attorney or district attorney of
P3 1a participating city or county to bring a civil or administrative
2action to enforce the ordinance. As the civil prosecutor of the
3participating city’s or county’s local campaign finance ordinance,
4the Commission may do all of the following:
5(1) Provide advice and guidance regarding the local campaign
6finance ordinance.
7(2) Investigate possible violations of the local campaign finance
8
ordinance.
9(3) Bring administrative actions to enforce the local campaign
10finance ordinance in accordance with this title and Chapter 5
11(commencing with Section 11500) of Part 1 of Division 3 of Title
122.
13(4) Bring civil actions to enforce the civil penalties and remedies
14of the local campaign finance ordinance.
15(b) Any local campaign finance ordinance of the participating
16city or county enforced by the Commission pursuant to this section
17shall comply with this title.
18(c) The city council or board of supervisors of the participating
19city or county shall consult with the Commission prior to adopting
20or amending any local campaign finance
ordinance that is
21subsequently enforced by the Commission pursuant to this section.
22(d) (1) The city council or board of supervisors of the
23participating city or county and the Commission may enter into
24any agreements necessary and appropriate to carry out the
25provisions of this section, including agreements pertaining to any
26necessary reimbursement of state costs with county funds for costs
27incurred by the Commission in administering, implementing, or
28enforcing a local campaign finance ordinance pursuant to this
29section.
30(2) An agreement entered into pursuant to this subdivision shall
31not contain any form of a cancellation fee, a liquidated damages
32provision, or other financial disincentive to the exercise of the
33right to terminate the agreement
pursuant to subdivision (e), except
34that the Commission may require the city council or board of
35supervisors of the participating city or county to pay the
36Commission for services rendered and any other expenditures
37reasonably made by the Commission in anticipation of services to
38be rendered pursuant to the agreement in the event that the city
39council or board of supervisors of the participating city or county
40terminates the agreement.
P4 1(e) The city council or board of supervisors of the participating
2city or county or the Commission may, at any time, by ordinance
3or resolution, terminate any agreement made pursuant to this
4section for the Commission to administer, implement, or enforce
5a local campaign finance ordinance or any provision thereof.
6(f) If
an agreement is entered into with the County of San
7Bernardino pursuant to this section, the Commission shall report
8to the Legislature regarding the performance of that agreement on
9or before January 1, 2017, and shall submit that report in
10compliance with Section 9795. The Commission shall develop the
11report in consultation with the County of San Bernardino. The
12report shall include, but not be limited to, all of the following:
13(1) The status of the agreement.
14(2) The estimated annual cost savings, if any, for the County of
15San Bernardino.
16(3) A summary of relevant annual performance metrics,
17including
measures of utilization, enforcement, and customer
18satisfaction.
19(4) Any public comments submitted to the Commission or the
20County of San Bernardino relative to the operation of the
21agreement.
22(5) Any legislative recommendations.
23(g) For purposes of this section, “participating city or county”
24means any city or county that enters into a mutual agreement
25described in subdivision (a).
The Legislature finds and declares that this bill furthers
27the purposes of the Political Reform Act of 1974 within the
28meaning of subdivision (a) of Section 81012 of the Government
29Code.
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