BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1083|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                    THIRD READING


          Bill No:  AB 1083
          Author:   Eggman (D)
          Amended:  3/26/15 in Assembly
          Vote:     27  

           SENATE ELECTIONS & C.A. COMMITTEE:  5-0, 6/16/15
           AYES:  Allen, Anderson, Hancock, Hertzberg, Liu

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 6/29/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza, Nielsen
           NO VOTE RECORDED:  Bates

           ASSEMBLY FLOOR:  74-1, 5/18/15 - See last page for vote

           SUBJECT:   Political Reform Act of 1974:  local enforcement


          SOURCE:    Author
          
          DIGEST:   This bill permits the City Council of the City of  
          Stockton and the Fair Political Practices Commission (FPPC) to  
          enter into an agreement that provides for the FPPC to enforce a  
          local campaign finance ordinance passed by the City Council of  
          the City of Stockton.
          
          ANALYSIS: 

          Existing Law:

            1)  Creates the FPPC, and makes it responsible for the  
              impartial, effective administration and implementation of  
              the Political Reform Act (PRA). 









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            2)  Requires a local government agency that adopts or amends a  
              local campaign finance ordinance to file a copy of the  
              ordinance with the FPPC. 

            3)  Prohibits a local government agency from enacting a  
              campaign finance ordinance that imposes campaign reporting  
              requirements that are additional to or different from those  
              set forth in the PRA for elections held in its jurisdiction  
              unless the additional or different requirements apply only  
              to the candidates seeking election in that jurisdiction,  
              their controlled committees or committees formed or existing  
              primarily to support or oppose their candidacies, and to  
              committees formed or existing primarily to support or oppose  
              a candidate or to support or oppose the qualification or  
              passage of a local ballot measure which is being voted on  
              only in that jurisdiction, and to city or county general  
              purpose committees active only in that city or county,  
              respectively. 

            4)  Authorizes the FPPC, until January 1, 2018, upon mutual  
              agreement between the FPPC and the San Bernardino County  
              Board of Supervisors, to have primary responsibility for the  
              impartial, effective administration, implementation, and  
              enforcement of a local San Bernardino County campaign  
              finance reform ordinance. Requires the San Bernardino County  
              Board of Supervisors to consult with the FPPC prior to  
              adopting and amending any local campaign finance reform  
              ordinance that is subsequently enforced by the FPPC. 

            5)  Authorizes the FPPC, pursuant to the aforementioned  
              agreement, to investigate possible violations of the San  
              Bernardino County campaign finance reform ordinance and  
              bring administrative actions against persons who violate the  
              ordinance, as specified. 

            6)  Permits the San Bernardino County Board of Supervisors and  
              the FPPC to 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.  Permits the San Bernardino County  
              Board of Supervisors or the FPPC, at any time, by ordinance  
              or resolution, to terminate any agreement for the FPPC to  
              administer, implement, or enforce the local campaign finance  
              reform ordinance or any provision thereof. 







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            7)  Requires the FPPC to report to the Legislature with  
              specified information on or before January 1, 2017, if the  
              FPPC enters into such an agreement with the San Bernardino  
              County Board of Supervisors. 

           This bill:

            1)  Provides that, upon mutual agreement between the FPPC and  
              the City Council of the City of Stockton, the FPPC is  
              authorized to assume primary responsibility for the  
              impartial, effective administration, implementation, and  
              enforcement of a local campaign finance ordinance passed by  
              the City Council of the City of Stockton. Provides that the  
              FPPC is authorized to be the civil prosecutor responsible  
              for the civil enforcement of such an ordinance. Provides  
              that as the civil prosecutor, the FPPC may do both of the  
              following:

               a)     Investigate possible violations of the local  
                 campaign finance reform ordinance; and,

               b)     Bring administrative actions in accordance with the  
                 PRA and the administrative adjudication provisions of the  
                 Administrative Procedure Act. 

            2)  Requires any local campaign finance reform ordinance of  
              the City of Stockton that is enforced by the FPPC to comply  
              with the PRA. 

            3)  Requires the City Council of the City of Stockton to  
              consult with the FPPC prior to adopting and amending any  
              local campaign finance reform ordinance that will be  
              enforced by the FPPC. 

            4)  Permits the City Council of the City of Stockton and the  
              FPPC to enter into any agreements necessary and appropriate  
              to carry out the provisions of this bill, including  
              agreements pertaining to any necessary reimbursement of  
              state costs with city funds for costs incurred by the FPPC  
              in administering, implementing, or enforcing a local  
              campaign finance reform ordinance pursuant to the provisions  
              of this bill. 








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            5)  Prohibits an agreement entered into pursuant to the  
              provisions of this bill from containing any form of a  
              cancellation fee, liquidated damages provision, or other  
              financial disincentive to the exercise of the right to  
              terminate the agreement, except that the FPPC may require  
              the City Council of the City of Stockton to pay the FPPC for  
              services rendered and any other expenditures reasonably made  
              by the FPPC in anticipation of services to be rendered  
              pursuant to the agreement if the City Council of the City of  
              Stockton terminates the agreement. 

            6)  Permits the City Council of the City of Stockton or the  
              FPPC to terminate, at any time, by ordinance or resolution,  
              any agreement made pursuant to this bill for the FPPC to  
              administer, implement, or enforce a local campaign finance  
              reform ordinance or any other provisions thereof.

            7)  Requires the FPPC, if an agreement is entered into  
              pursuant to the provisions of this bill, to report to the  
              Legislature on or before January 1, 2019, and submit that  
              report in compliance with current law.  Requires the FPPC to  
              develop the report in consultation with the City Council of  
              the City of Stockton. 

            8)  Requires the report to include, but not be limited to, all  
              of the following: 

               a)     The status of the agreement; 

               b)     The estimated annual cost savings, if any, for the  
                 City of Stockton;

               c)     A summary of relevant annual performance metrics,  
                 including measures of utilization, enforcement, and  
                 customer satisfaction; 

               d)     Public comments submitted to the FPPC or the City of  
                 Stockton relative to the operation of the agreement; and,  


               e)     Legislative recommendations. 

            9)  Contains a January 1, 2020 sunset date. 








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            10) Makes legislative findings and declarations as to the  
              necessity of a special statute for City of Stockton due to  
              the need to avoid an appearance of corruption in the city's  
              electoral process. 

          Background:


          San Bernardino County Contract with the FPPC.  In 2012, the  
          Legislature enacted AB 2146 (Cook, Chapter 169, Statutes of  
          2012), which permitted San Bernardino County and the FPPC to  
          enter into an agreement that provides for the FPPC to enforce  
          the County's local campaign finance reform ordinance.  Prior to  
          this, the FPPC did not enforce any local campaign finance  
          ordinances.  According to previous analyses, the County of San  
          Bernardino, which had been the subject of several high-profile  
          corruption cases, was in the process of developing a campaign  
          finance ordinance.  Rather than appoint an ethics commission,  
          which could present financial as well as conflict of interest  
          challenges, the County proposed to contract with the FPPC to  
          enforce their local campaign finance ordinance.  Moreover, the  
          County determined that it was in the best interest of the County  
          to retain the services of the FPPC to provide for the  
          enforcement and interpretation of San Bernardino County's local  
          campaign finance ordinance as the FPPC has special skills,  
          knowledge, experience, and expertise in the area of enforcement  
          and interpretation of campaign laws necessary to effectively  
          advise, assist, litigate, and otherwise represent the County on  
          such matters.  As a result, the FPPC and San Bernardino County  
          entered into a mutual agreement, from January 1, 2013 through  
          December 31, 2014, for the FPPC to provide the County campaign  
          enforcement and interpretation services for the impartial,  
          effective administration, implementation, and enforcement of San  
          Bernardino's campaign finance reform ordinance.  According to  
          the FPPC, San Bernardino County and the FPPC have entered into a  
          new two-year mutual agreement. 

          Local Campaign Ordinances and the PRA.  Under existing law,  
          local government agencies have the ability to adopt campaign  
          ordinances that apply to elections within their jurisdictions,  
          though the PRA imposes certain limited restrictions on those  
          local ordinances.  For instance, SB 726 (McCorquodale, Chapter  
          1456, Statutes of 1985) limited the ability of local  
          jurisdictions to impose campaign filing requirements that  







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          differed from those in the PRA, permitting such requirements  
          only when they applied solely to candidates and committees whose  
          activity is restricted primarily to the jurisdiction in  
          question.  This provision sought to avoid the necessity of a  
          candidate or committee active over a wider area being required  
          to adhere to several different campaign filing schedules.   
          Similarly, AB 1430 (Garrick, Chapter 708, Statutes of 2007),  
          prohibited local governments from adopting rules governing  
          member communications that are different than the rules that  
          govern member communications at the state level. 

          Aside from these restrictions, however, local government  
          agencies generally have a significant amount of latitude when  
          developing local campaign finance ordinances that apply to  
          elections in those agencies' jurisdictions.  Any jurisdiction  
          that adopts or amends a local campaign finance ordinance is  
          required to file a copy of that ordinance with the FPPC, and the  
          FPPC posts those ordinances on its website.  Several cities and  
          counties have adopted campaign finance ordinances, some of which  
          are very extensive. 

          In some cases, those ordinances include campaign contribution  
          limits, reporting and disclosure requirements that supplement  
          the requirements of the PRA, temporal restrictions on when  
          campaign funds may be raised, and voluntary public financing of  
          local campaigns, among other provisions.  In many cases, local  
          campaign finance ordinances are enforced by the district  
          attorney of the county or by the city attorney.  In at least a  
          few cases, however, local jurisdictions have set up independent  
          boards or commissions to enforce the local campaign finance  
          laws. 

          The FPPC does not currently enforce any local campaign finance  
          ordinances other than San Bernardino County's.  The FPPC can and  
          does, however, bring enforcement actions in response to  
          violations of the PRA that occur in campaigns for local office,  
          even in cases where the local jurisdiction brings separate  
          enforcement actions for violations of a local campaign finance  
          ordinance. 

          Criminal, Civil, and Administrative Enforcement of the PRA and  
          Local Campaign Ordinances.  Violations of the PRA are subject to  
          administrative, civil, and criminal penalties.  Generally, the  
          Attorney General (AG) and district attorneys have responsibility  







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          for enforcing the criminal provisions of the PRA, though any  
          elected city attorney of a charter city also has the authority  
          to act as the criminal prosecutor for violations of the PRA that  
          occur within the city.  The FPPC, the AG, district attorneys,  
          and elected city attorneys of charter cities all have  
          responsibility for enforcement of the civil penalties and  
          remedies provided under the PRA, depending on the nature and  
          location of the violation, while any member of the public also  
          has the ability to file a civil action to enforce the civil  
          provisions of the PRA, subject to certain restrictions. 

          The FPPC has the sole authority to bring administrative  
          proceedings for enforcement of the PRA.  When the FPPC  
          determines on the basis of such a proceeding that a violation of  
          the PRA has occurred, it can impose monetary penalties of up to  
          $5,000 per violation, in addition to ordering the violator to  
          cease and desist violation of the PRA and to file any reports,  
          statements, or other documents or information required by the  
          PRA.  In the case of local campaign ordinances, there is no  
          single approach as to the types of penalties that are available  
          for the violations of those ordinances.  Many local ordinances  
          provide for misdemeanor or civil penalties for violations, while  
          some ordinances do not establish any penalties for violations.   
          In some local jurisdictions that have independent boards or  
          commissions to enforce the local campaign finance ordinances,  
          those boards or commissions have the authority to bring  
          administrative enforcement proceedings, similar to the authority  
          the FPPC has under the PRA. 

          Comments:


          1)According to the author, this bill seeks to amend the  
            Political Reform Act of 1974 in order to authorize the FPPC to  
            enter into an agreement with the City of Stockton to enforce  
            campaign contribution limits. 

          There is an ongoing, national debate about the role money plays  
            in campaigns, and particularly the effect that large  
            contributions have on candidates once they are elected.   
            Candidates for elected office typically rely on money to fund  
            effective campaigns; the amount and source of those donations  
            can vary greatly.  The City of Stockton currently imposes no  
            limits on donations by individuals to campaigns for city  







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            offices, so the City Council is considering the adoption of a  
            municipal ordinance setting individual campaign donation  
            limits. 

          The city does not have the resources to oversee and enforce such  
            an ordinance, but the FPPC has, through past legislation,  
            arranged with the County of San Bernardino to do just that.   
            This bill would simply allow the City of Stockton to make the  
            same mutual arrangement with the FPPC.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, all  
          administration and enforcement costs to the FPPC will be  
          reimbursed by the City of Stockton (Local Fund).


          SUPPORT:   (Verified6/29/15)


          None received


          OPPOSITION:   (Verified6/29/15)


          None received

          ASSEMBLY FLOOR:  74-1, 5/18/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein,  
            Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
          NOES:  Ridley-Thomas
          NO VOTE RECORDED:  Daly, Frazier, Kim, Mathis, Melendez








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          Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106
          7/1/15 14:53:18


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