Bill Text: CA AB2558 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Political Reform Act of 1974: San Bernardino County.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-08-26 - Chaptered by Secretary of State - Chapter 202, Statutes of 2016. [AB2558 Detail]

Download: California-2015-AB2558-Introduced.html

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BILL NUMBER: AB 2558	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Steinorth
   (Coauthors: Assembly Members Brown, Lackey, Mayes, Obernolte, and
Rodriguez)
   (Coauthors: Senators Fuller, Leyva, and Morrell)

                        FEBRUARY 19, 2016

   An act to amend Section 83123.5 of the Government Code, relating
to the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2558, as introduced, Steinorth. Political Reform Act of 1974:
San Bernardino County.
   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, as specified.
   This bill would repeal the January 1, 2018, sunset date, thereby
extending the operation of these provisions indefinitely.
   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
Board of Supervisors of the County of San Bernardino, 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 Board of Supervisors
of the County of San Bernardino. 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 County of San Bernardino'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 County of
San Bernardino enforced by the Commission pursuant to this section
shall comply with this title.
   (c) The Board of Supervisors of the County of San Bernardino shall
consult with the Commission prior to adopting and amending any local
campaign finance reform ordinance that is subsequently enforced by
the Commission pursuant to this section.
   (d) (1) The Board of Supervisors of the County of San Bernardino
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 Board of Supervisors of the
County of San Bernardino 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 San
Bernardino terminates the agreement.
   (e) The Board of Supervisors of the County of San Bernardino 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, 2017, and shall submit that
report in compliance with Section 9795. The Commission shall develop
the report in consultation with the 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 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 County
of San Bernardino relative to the operation of the agreement.
   (5) Any legislative recommendations. 
   (g) 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. 
  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
County of San Bernardino'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 county offices more transparent, and to make more
information, especially financial information, regarding candidates
and their supporters available to voters. The continued 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.