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 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 ASSEMBLY JUNE 30, 2014
AMENDED IN SENATE MAY 13, 2014
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 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
until January 1, 2018, repeal date
2020 .
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 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 ordinance. 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. As the civil prosecutor of the
participating city's or county's local campaign finance ordinance,
the Commission is not required 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 ordinance, the Commission may do all of the
following:
(1) Provide advice and guidance regarding the local campaign
finance ordinance.
(2) Investigate possible violations of the local campaign finance
ordinance.
(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 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 or
amending any local campaign finance 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 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 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 2019
, and shall submit that report in compliance with Section 9795.
The Commission shall develop the report in consultation with the
County of San Bernardino city council or
board of supervisors of the participating city or county . 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 San Bernardino participating city or county
.
(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 San Bernardino participating city
or county relative to the operation of the agreement.
(5) Any legislative recommendations.
(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).
(h) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2020, deletes or extends that
date.
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.
