California Assembly Bill AB910 Latest Draft

 BILL NUMBER: AB 910AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 19, 2015 INTRODUCED BY Assembly Member Harper (Coauthor: Assembly Member Travis Allen) (Coauthor: Senator Bates) FEBRUARY 26, 2015 An act to add and repeal Section 83123.7 of the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGEST AB 910, as amended, 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   governing body of any city, county, or city and county,  to also enter into such an agreement, as  specified.   specified, if the governing body of the city, county, or city and county, or a majority of voters, approves the agreement.  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 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. 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)     For   purposes of this section, "local agency" means a city, county, or city and county.   (b)     (1)    Upon mutual agreement between the Commission and the  Board of Supervisors of the County of Orange,   governing body of a local agency,  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,   of the local agency if the agreement has been approved by either of the following:   (A) The governing body of the local agency.   (B) A majority of the voters in the local agency who voted on the agreement.   (2)     (A)     Upon approval of an agreement pursuant to paragraph (1),  the Commission shall be the civil prosecutor responsible for the civil enforcement of  that   the  local campaign finance ordinance  of the local agency  in accordance with this title.  (2) (A)   (   B)  As the civil prosecutor of the  County of Orange's  local  agency's 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)   (C)  The Commission shall not be required to obtain authorization from the  city or  district attorney of the  County of Orange   local agency  to bring an administrative or civil action pursuant to subparagraph  (A).   (B).   (b)   (c)  A local campaign finance ordinance of the  County of Orange     local agency  enforced by the Commission pursuant to this section shall comply with this title.  (c) The Board of Supervisors of the County of Orange   (d)     The governing body of the   local agency  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)   (e)  (1)  The Board of Supervisors of the County of Orange   The governing body of the local agency  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),   (f),  except that the Commission may require the  Board of Supervisors of the County of Orange   governing body of the local agency  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   governing body of the local agency  terminates the agreement.  (e) The Board of Supervisors of the County of Orange or the Commission   (f)     The governing body of the local agency  may, at any time, by ordinance or resolution, terminate  any   an agreement made pursuant to this section for the Commission to administer, implement, or enforce a local campaign finance ordinance or any provision thereof.  (f)   (g)  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.   local agency.  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.   local   agency.  (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   local agency  relative to the operation of the agreement. (5) Any legislative recommendations.  (g)   (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 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.   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.