BILL NUMBER: AB 2070INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Harper (Coauthor: Senator Bates) FEBRUARY 17, 2016 An act to add Section 83123.7 of the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2070, as introduced, Harper. 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 Board of Supervisors of the County of Orange 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. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange. 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. This bill would declare that it is to take effect immediately as an urgency statute. 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 83123.7 is added to the Government Code, to read: 83123.7. (a) (1) Upon mutual agreement between the Commission and the Board of Supervisors of the County of Orange, the Commission is authorized to assume primary responsibility for the impartial, effective administration, implementation, and enforcement of a local campaign finance ordinance passed by the Board of Supervisors of the County of Orange. 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. (2) (A) As the civil prosecutor of the County of Orange's local campaign finance ordinance, the Commission may do all of the following with respect to the local campaign finance ordinance: (i) Provide advice. (ii) Investigate possible violations. (iii) Bring administrative actions in accordance with this title and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2. (iv) Bring civil actions. (B) The Commission shall not be required to obtain authorization from the district attorney of the County of Orange to bring an administrative or civil action pursuant to subparagraph (A). (b) A local campaign finance ordinance of the County of Orange enforced by the Commission pursuant to this section shall comply with this title. (c) The Board of Supervisors of the County of Orange shall consult with the Commission prior to adopting and amending any local campaign finance ordinance that is subsequently enforced by the Commission pursuant to this section. (d) (1) The Board of Supervisors of the County of Orange 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 Board of Supervisors of the County of Orange 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 Orange terminates the agreement. (e) The Board of Supervisors of the County of Orange 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 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 County of Orange. 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 Orange. (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 Orange relative to the operation of the agreement. (5) Any legislative recommendations. 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. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: Measure E, which was passed by Orange County voters in November, 2014, authorized the County to contract with the Commission for the administration and enforcement of its local campaign finance ordinance. In order for Measure E to take effect, statutory authority is needed to enter into such an agreement with the Commission. Therefore, is it necessary that this act take effect immediately.