Bill Text: CA SB1226 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Veterans: professional licensing.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State. Chapter 657, Statutes of 2014. [SB1226 Detail]

Download: California-2013-SB1226-Amended.html

---

BILL NUMBER: SB 1226	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2014

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 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  the County of
Orange   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 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
 city council or  board of supervisors of a participating
 city or  county, 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  city council or 
board of supervisors of the participating  city or  county.
 The   Upon agreement, the  Commission
 is authorized to   shall  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 participating
city's or county's local campaign finance ordinance, the Commission
is not require   d to seek authorization from the city
attorney or district attorney of   a participating city or
county to bring a civil or administrative action to enforce the
ordinance.  As the civil prosecutor of the participating 
city's or  county's local campaign finance  reform
 ordinance, the Commission may do  both 
 all  of the following: 
   (1) Provide advice and guidance regarding the local campaign
finance ordinance.  
   (1) 
    (2)  Investigate possible violations of the local
campaign finance  reform ordinance. 
   (2) 
    (3)  Bring administrative actions  to enforce the
local campaign finance ordinance  in accordance with this title
and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2. 
   (4) Bring civil actions to enforce the civil penalties and
remedies of the local campaign finance ordinance. 
   (b) Any local campaign finance  reform  ordinance
of the participating  city or  county enforced by the
Commission pursuant to this section shall comply with this title.
   (c) The  city council or  board of supervisors of the
participating  city or  county shall consult with the
Commission prior to adopting  and   or 
amending any local campaign finance  reform 
ordinance that is subsequently enforced by the Commission pursuant to
this section.
   (d) (1) The  city council or  board of supervisors of the
participating  city or  county 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  city council or  board
of supervisors of the participating  city or  county 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  city
council or  board of supervisors of the participating  city
or  county terminates the agreement.
   (e) The  city council or  board of supervisors of the
participating  city or  county 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  with the County of San
Bernardino  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  participating county 
 County of San Bernardino  . 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 
participating county   County of San Bernardino  .
   (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
 participating county   County of San Bernardino
 relative to the operation of the agreement.
   (5) Any legislative recommendations. 
   (g) For purposes of this section, "participating county" means the
County of Orange or the County of San Bernardino.  

   (h)  
    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.
 
   (g) For purposes of this section, "participating city or county"
means any city or county that enters into a mutual agreement
described in subdivision (a).  
  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.   SEC. 2.   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.