California Senate Bill SB1226 Introduced / Bill

 BILL NUMBER: SB 1226INTRODUCED BILL TEXT 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 introduced, Correa. Political Reform Act of 1974: local campaign finance reform. 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. 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. 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   board  of  Supervisors   supervisors  of  the County of San Bernardino,   a participating 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  Board   board  of  Supervisors   supervisors  of the  County of San Bernardino   participating county  . 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   participating county'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   participating county  enforced by the Commission pursuant to this section shall comply with this title. (c) The  Board   board  of  Supervisors   supervisors  of the  County of San Bernardino   participating county  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   board  of  Supervisors   supervisors  of the  County of San Bernardino   participating 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  Board   board  of  Supervisors   supervisors  of the  County of San Bernardino   participating 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  Board   board  of  Supervisors   supervisors  of the  County of San Bernardino   participating county  terminates the agreement. (e) The  Board   board  of  Supervisors   supervisors  of the  County of San Bernardino   participating 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 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   participating 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 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 county  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.   (g)   (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. 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.