Bill Text: CA AB1083 | 2015-2016 | Regular Session | Chaptered
Bill Title: Political Reform Act of 1974: local enforcement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-08-12 - Chaptered by Secretary of State - Chapter 186, Statutes of 2015. [AB1083 Detail]
Download: California-2015-AB1083-Chaptered.html
BILL NUMBER: AB 1083 CHAPTERED
BILL TEXT
CHAPTER 186
FILED WITH SECRETARY OF STATE AUGUST 12, 2015
APPROVED BY GOVERNOR AUGUST 12, 2015
PASSED THE SENATE JULY 6, 2015
PASSED THE ASSEMBLY MAY 18, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Eggman
FEBRUARY 27, 2015
An act to add and repeal Section 83123.6 of the Government Code,
relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1083, Eggman. 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 City Council of
the City of Stockton 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. The bill would repeal its provisions on January 1, 2020.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Stockton.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 83123.6 is added to the Government Code, to
read:
83123.6. (a) Upon mutual agreement between the Commission and the
City Council of the City of Stockton, 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 of the City of
Stockton. The Commission is authorized to 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 City of Stockton's local campaign finance reform
ordinance, the Commission may do both of the following:
(1) Investigate possible violations of the local campaign finance
reform ordinance.
(2) Bring administrative actions in accordance with this title and
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2.
(b) Any local campaign finance reform ordinance of the City of
Stockton enforced by the Commission pursuant to this section shall
comply with this title.
(c) The City Council of the City of Stockton shall consult with
the Commission before adopting and amending any local campaign
finance reform ordinance that is subsequently enforced by the
Commission pursuant to this section.
(d) (1) The City Council of the City of Stockton 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 city
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 of the City of
Stockton 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 if the City Council
of the City of Stockton terminates the agreement.
(e) The City Council of the City of Stockton 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 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 City Council of the City of
Stockton. 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 City of
Stockton.
(3) A summary of relevant annual performance metrics, including
measures of utilization, enforcement, and customer satisfaction.
(4) Public comments submitted to the Commission or the City of
Stockton relative to the operation of the agreement.
(5) Legislative recommendations.
(g) 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 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 avoid an appearance of corruption in the
City of Stockton's electoral process. The proposed local campaign
finance reform ordinance is intended to make it more difficult for
candidates and influential individuals and entities to engage in quid
pro quo corruption, make the financing of campaigns for elective
city offices more transparent, and to make more information,
especially financial information, regarding candidates and their
supporters available to voters. Enforcement of the local campaign
finance reform ordinance by the Commission is needed to ensure the
integrity of the ordinance.
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.
