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 provisionsbegin delete indefinitely by repealing theend deletebegin insert untilend insert January 1,begin delete 2018, repeal dateend deletebegin insert 2020end insert.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a2⁄3 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 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
8ordinance. Upon agreement, the Commission shall be the civil
9prosecutor responsible for the civil enforcement of that local
10campaign finance ordinance in accordance with this title. As the
11civil prosecutor of the participating city’s or county’s local
12campaign finance ordinance, the Commission is not required to
P3 1seek authorization from the city attorney or district attorney of a
2participating city or county to bring a civil or administrative action
3
to enforce the ordinance. As the civil prosecutor of the participating
4city’s or county’s local campaign finance ordinance, the
5Commission may do all of the following:
6(1) Provide advice and guidance regarding the local campaign
7finance ordinance.
8(2) Investigate possible violations of the local campaign finance
9
ordinance.
10(3) Bring administrative actions to enforce the local campaign
11finance ordinance in accordance with this title and Chapter 5
12(commencing with Section 11500) of Part 1 of Division 3 of Title
132.
14(4) Bring civil actions to enforce the civil penalties and remedies
15of the local campaign finance ordinance.
16(b) Any local campaign finance ordinance of the participating
17city or county enforced by the Commission pursuant to this section
18shall comply with this title.
19(c) The city council or board of supervisors of the participating
20city or county shall consult with the Commission prior to adopting
21or amending any local campaign finance
ordinance that is
22subsequently enforced by the Commission pursuant to this section.
23(d) (1) The city council or board of supervisors of the
24participating city or county and the Commission may enter into
25any agreements necessary and appropriate to carry out the
26provisions of this section, including agreements pertaining to any
27necessary reimbursement of state costs with county funds for costs
28incurred by the Commission in administering, implementing, or
29enforcing a local campaign finance ordinance pursuant to this
30section.
31(2) An agreement entered into pursuant to this subdivision shall
32not contain any form of a cancellation fee, a liquidated damages
33provision, or other financial disincentive to the exercise of the
34right to terminate the agreement pursuant
to subdivision (e), except
35that the Commission may require the city council or board of
36supervisors of the participating city or county to pay the
37Commission for services rendered and any other expenditures
38reasonably made by the Commission in anticipation of services to
39be rendered pursuant to the agreement in the event that the city
P4 1council or board of supervisors of the participating city or county
2terminates the agreement.
3(e) The city council or board of supervisors of the participating
4city or county or the Commission may, at any time, by ordinance
5or resolution, terminate any agreement made pursuant to this
6section for the Commission to administer, implement, or enforce
7a local campaign finance ordinance or any provision thereof.
8(f) If an agreement is entered intobegin delete with the County of San pursuant to this section, the Commission shall report
9Bernardinoend delete
10to the Legislature regarding the performance of that agreement on
11or before January 1,begin delete 2017end deletebegin insert 2019end insert, and shall submit that report in
12compliance with Section 9795. The Commission shall develop the
13report in consultation with thebegin delete County of San Bernardinoend deletebegin insert city
14council or board of supervisors of the participating city or countyend insert.
15The report shall include, but not be
limited to, all of the following:
16(1) The status of the agreement.
17(2) The estimated annual cost savings, if any, for thebegin delete County of begin insert participating city or countyend insert.
18San Bernardinoend delete
19(3) A summary of relevant annual performance metrics,
20including measures of utilization, enforcement, and customer
21satisfaction.
22(4) Any public comments
submitted to the Commission or the
23begin delete County of San Bernardinoend deletebegin insert
participating city or countyend insert relative to
24the operation of the agreement.
25(5) Any legislative recommendations.
26(g) For purposes of this section, “participating city or county”
27means any city or county that enters into a mutual agreement
28described in subdivision (a).
29(h) This section shall remain in effect only until January 1, 2020,
30and as of that date is repealed, unless a later enacted statute that
31is enacted before January 1, 2020, deletes or extends that date.
The Legislature finds and declares that this bill furthers
33the purposes of the Political Reform Act of 1974 within the
34meaning of subdivision (a) of Section 81012 of the Government
35Code.
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