Bill Text: CA AB2070 | 2015-2016 | Regular Session | Introduced
Bill Title: Political Reform Act of 1974: local enforcement.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2070 Detail]
Download: California-2015-AB2070-Introduced.html
BILL NUMBER: AB 2070 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Harper
(Coauthor: Senator Bates)
FEBRUARY 17, 2016
An act to add Section 83123.7 of the Government Code, relating to
the Political Reform Act of 1974, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2070, as introduced, Harper. Political Reform Act of 1974:
local enforcement.
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, as specified.
This bill would authorize the Commission and the Board of
Supervisors of the County of Orange to also enter into such an
agreement, as specified. The bill would require, if an agreement is
entered into, that the Commission report specified information to the
Legislature regarding the performance of that agreement on or before
January 1, 2019.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Orange.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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 83123.7 is added to the Government Code, to
read:
83123.7. (a) (1) Upon mutual agreement between the Commission and
the Board of Supervisors of the County of Orange, the Commission is
authorized to assume primary responsibility for the impartial,
effective administration, implementation, and enforcement of a local
campaign finance ordinance passed by the Board of Supervisors of the
County of Orange. Upon agreement, the Commission shall be the civil
prosecutor responsible for the civil enforcement of that local
campaign finance ordinance in accordance with this title.
(2) (A) As the civil prosecutor of the County of Orange's local
campaign finance ordinance, the Commission may do all of the
following with respect to the local campaign finance ordinance:
(i) Provide advice.
(ii) Investigate possible violations.
(iii) Bring administrative actions in accordance with this title
and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2.
(iv) Bring civil actions.
(B) The Commission shall not be required to obtain authorization
from the district attorney of the County of Orange to bring an
administrative or civil action pursuant to subparagraph (A).
(b) A local campaign finance ordinance of the County of Orange
enforced by the Commission pursuant to this section shall comply with
this title.
(c) The Board of Supervisors of the County of Orange shall consult
with the Commission prior to adopting and amending any local
campaign finance ordinance that is subsequently enforced by the
Commission pursuant to this section.
(d) (1) The Board of Supervisors of the County of Orange 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 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 Board of Supervisors of the
County of Orange 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 Board of Supervisors of the County of Orange terminates the
agreement.
(e) The Board of Supervisors of the County of Orange 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 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, 2019, and shall submit that
report in compliance with Section 9795. The Commission shall develop
the report in consultation with the County of Orange. 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 County of
Orange.
(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 County
of Orange relative to the operation of the agreement.
(5) Any legislative recommendations.
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.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
Measure E, which was passed by Orange County voters in November,
2014, authorized the County to contract with the Commission for the
administration and enforcement of its local campaign finance
ordinance. In order for Measure E to take effect, statutory authority
is needed to enter into such an agreement with the Commission.
Therefore, is it necessary that this act take effect immediately.
