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SB-267 Political Reform Act of 1974: City of Sacramento.(2017-2018)

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Date Published: 06/20/2017 09:00 PM
SB267:v97#DOCUMENT

Amended  IN  Assembly  June 20, 2017
Amended  IN  Senate  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 267


Introduced by Senator Pan
(Principal coauthor: Assembly Member McCarty)

February 08, 2017


An act to add and repeal 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


SB 267, as amended, Pan. Political Reform Act of 1974: City of Sacramento.
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. Existing law also authorizes the Fair Political Practices Commission to enter into such an agreement with the City Council of the City of Stockton.
This bill would authorize the Commission and the City Council of the City of Sacramento to also enter into such an agreement, as specified. The bill would require, if such an agreement is executed, that the Commission report specified information to the Legislature regarding the performance of that agreement within four years of the date on which the agreement was entered. on or before January 1, 2022. The bill would repeal its provisions on January 1, 2023.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.
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 of the Legislature 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   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) Upon mutual agreement between the Commission and the City Council of the City of Sacramento, 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 City Council of the City of Sacramento. 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 City of Sacramento’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 City of Sacramento enforced by the Commission pursuant to this section shall comply with this title.
(c) The City Council of the City of Sacramento shall consult with the Commission before adopting and amending any local campaign finance reform ordinance that is subsequently enforced by the Commission pursuant to this section.
(d) (1)   The City Council of the City of Sacramento 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 city 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 City Council of the City of Sacramento 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 if the City Council of the City of Sacramento terminates the agreement.
(e) The City Council of the City of Sacramento 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 of the ordinance.
(f) If an agreement is entered into pursuant to this section, the Commission shall report to the Legislature regarding the performance of that agreement within four years of the date on which the agreement was entered, on or before January 1, 2022, and shall submit that report in compliance with Section 9795. The Commission shall develop the report in consultation with the City Council of the City of Sacramento. The report shall include, but is not limited to, all of the following:
(1) The status of the agreement.
(2) The estimated annual cost savings, if any, for the City of Sacramento.
(3) A summary of relevant annual performance metrics, including measures of use, enforcement, and customer satisfaction.
(4) Public comments submitted to the Commission or the City of Sacramento relative to the operation of the agreement.
(5) Legislative recommendations.
(g) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute 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 City of Sacramento’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 city offices more transparent, and to make more information, especially financial information, regarding candidates and their supporters available to voters. 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.

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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to facilitate timely contract negotiations between the City of Sacramento and the Commission, it is necessary that this act take effect immediately.