Section § 83100

Explanation

The Fair Political Practices Commission is set up within the state government and consists of five members, including the chairperson. To maintain political balance, no more than three members can belong to the same political party.

There is hereby established in state government the Fair Political Practices Commission. The Commission shall have five members, including the chair. No more than three members of the Commission shall be members of the same political party.

Section § 83101

Explanation

This law states that the Governor is responsible for appointing the chair and one other member of a commission. However, these two appointees must belong to different political parties, ensuring political diversity.

The chair and one additional member of the Commission shall be appointed by the Governor. The Governor’s appointees shall not be members of the same political party.

Section § 83102

Explanation

This section explains how members are appointed to a certain Commission by the Attorney General, the Secretary of State, and the Controller. Each of these officials gets to appoint one member to the Commission. However, if all three officials belong to the same political party, the chair of another political party, with more than 500,000 registered members, can submit a list of potential appointees to the Controller. This list must have at least five qualified and willing candidates. The Controller must then pick a member from one of these lists if they receive one. The timing for submitting this list follows specific guidelines related to the initial appointment or any subsequent appointments.

(a)CA Government Code § 83102(a) The Attorney General, the Secretary of State, and the Controller shall each appoint one member of the Commission.
(b)CA Government Code § 83102(b) If the Attorney General, the Secretary of State, and the Controller are all members of the same political party, the chair of the state central committee of any other political party with a registration of more than five hundred thousand may submit to the Controller a list of not less than five persons who are qualified and willing to be members of the Commission. The list shall be submitted not less than ten days after the effective date of this chapter for the Controller’s initial appointment, and not later than January 2 immediately prior to any subsequent appointment by the Controller. If the Controller receives one or more lists pursuant to this section, the Controller’s appointment shall be made from one of such lists.

Section § 83103

Explanation

This section explains the term lengths for the members and chair of the Commission. They normally serve for four years starting February 1 and ending on January 31, or until their successors are ready. However, the first appointees have a six-year term. Once a member or chair completes a term, they cannot be reappointed.

Members and the chair of the Commission shall serve four-year terms beginning on February 1 and ending on January 31 or as soon thereafter as their successors are qualified, except that the initial appointees under Section 83102 shall serve six-year terms. A member or chair who has been appointed at the beginning of a term is not eligible for reappointment.

Section § 83104

Explanation

When a position on the Commission becomes vacant, it must be filled within thirty days by the same official who appointed the previous person. This process doesn't follow the rules of Section 83102(b). The new appointee will serve for the remainder of the original term. Even if there are vacancies, the remaining members can still make decisions. The Commission needs at least three members present to make official decisions.

Vacancies on the Commission shall be filled, within thirty days, by appointment of the same official who appointed the prior holder of the position. The provisions of Section 83102 (b) are not applicable to the filling of vacancies. Appointments to fill vacancies shall be for the unexpired term of the member or chair whom the appointee succeeds. A vacancy or vacancies shall not impair the right of the remaining members to exercise all of the powers of the board. Three members shall constitute a quorum.

Section § 83105

Explanation

This law states that commission members must be registered voters (electors) and are not allowed to hold any other public office, participate in political activities, or work as lobbyists while serving on the commission. They also cannot run for other public offices during their term. If a member neglects their duties, engages in serious misconduct, is unable to perform their responsibilities, or breaks this rule, they can be removed from the position by the Governor with Senate approval, following a written notice and a chance to respond.

Each member of the commission shall be an elector. A member of the commission, during the member’s tenure, shall not hold any other public office, serve as an officer of any political party or partisan organization, participate in or contribute to an election campaign, or employ or be employed as a lobbyist nor, during the member’s term of appointment, seek election to any other public office. Members of the commission may be removed by the Governor, with concurrence of the Senate, for substantial neglect of duty, gross misconduct in office, inability to discharge the powers and duties of office or violation of this section, after written notice and opportunity for a reply.

Section § 83106

Explanation

The chair of the Commission will receive the same salary as the president of the Public Utilities Commission. Other Commission members will earn $100 per day for working on official tasks. All members, including the chair, can also get reimbursed for any expenses from performing their official duties.

The chair of the Commission shall be compensated at the same rate as the president of the Public Utilities Commission. Each remaining member shall be compensated at the rate of one hundred dollars ($100) for each day on which the member engages in official duties. The members and chair of the Commission shall be reimbursed for expenses incurred in performance of their official duties.

Section § 83107

Explanation

This law section states that the Commission must hire an executive director who will follow the Commission's rules and legal requirements. The Commission also has the authority to hire and fire officers, lawyers, and other staff, following civil service laws, and it sets employee pay and job responsibilities.

The Commission shall appoint an executive director who shall act in accordance with Commission policies and regulations and with applicable law. The Commission shall appoint and discharge officers, counsel and employees, consistent with applicable civil service laws, and shall fix the compensation of employees and prescribe their duties.

Section § 83108

Explanation

This law allows the Commission to give power to either the chair or the executive director to make decisions or take actions on behalf of the Commission when it's not in session or holding meetings.

The Commission may delegate authority to the chair or the executive director to act in the name of the Commission between meetings of the Commission.

Section § 83109

Explanation

This law means that if you hold a nonclerical job with the Commission, your job won't be grouped in the same category as jobs from other departments or agencies in the civil service system.

For purposes of Section 19818.6, a nonclerical position under the Commission shall not be included in the same class in the civil service classification plan with any position of any other department or agency.

Section § 83110

Explanation

The main office of the Commission is located in Sacramento, but they can have other offices and conduct meetings anywhere in the state. All Commission meetings are public, although they can choose to have private discussions about personnel matters and legal issues.

The principal office of the Commission shall be in Sacramento but it may establish offices, meet, and exercise its powers at any other place in the state. Meetings of the Commission shall be public except that the Commission may provide otherwise for discussions of personnel and litigation.

Section § 83111

Explanation

This law gives the Commission the main job of fairly and efficiently running and enforcing the rules outlined in this title.

The Commission has primary responsibility for the impartial, effective administration and implementation of this title.

Section § 83111.5

Explanation

This law ensures that any actions taken by the commission cannot violate basic constitutional rights. These rights include freedom of speech, the right to life, liberty, or property without fair legal proceedings (due process), and the right to equal protection under the law.

The commission shall take no action to implement this title that would abridge constitutional guarantees of freedom of speech, that would deny any person of life, liberty, or property without due process of law, or that would deny any person the equal protection of the laws.

Section § 83112

Explanation

This law allows the Commission to make, change, or cancel rules that help achieve the goals of this title and manage its processes. These actions must follow the Administrative Procedure Act and be aligned with this title and any other relevant laws.

The Commission may adopt, amend and rescind rules and regulations to carry out the purposes and provisions of this title, and to govern procedures of the Commission. These rules and regulations shall be adopted in accordance with the Administrative Procedure Act (Government Code, Title 2, Division 3, Part 1, Chapter 4.5, Sections 11371 et seq.) and shall be consistent with this title and other applicable law.

Section § 83113

Explanation

This law outlines specific tasks for the commission related to campaign finance documents in California. The commission must create forms for reports and other required documents, provide bookkeeping and record-keeping instructions, and offer assistance to agencies and officials. They also maintain a central file of local campaign finance ordinances and annually publish a booklet summarizing the relevant laws and enforcement information. The booklet is provided free to governmental agencies and can be sold to others for a fee.

The commission shall, in addition to its other duties, do all of the following:
(a)CA Government Code § 83113(a) Prescribe forms for reports, statements, notices and other documents required by this title.
(b)CA Government Code § 83113(b) Prepare and publish manuals and instructions setting forth methods of bookkeeping and preservation of records to facilitate compliance with and enforcement of this title, and explaining the duties of persons and committees under this title.
(c)CA Government Code § 83113(c) Provide assistance to agencies and public officials in administering the provisions of this title.
(d)CA Government Code § 83113(d) Maintain a central file of local campaign contribution and expenditure ordinances forwarded to it by local government agencies.
(e)CA Government Code § 83113(e) Annually publish a booklet not later than March 1 that sets forth the provisions of this title and includes other information the commission deems pertinent to the interpretation and enforcement of this title. The commission shall provide a reasonable number of copies of the booklet at no charge for the use of governmental agencies and subdivisions thereof that request copies of the booklet. The commission may charge a fee, not to exceed the prorated cost of producing the booklet, for providing copies of the booklet to other persons and organizations.

Section § 83114

Explanation

This law allows individuals to request opinions or written advice from the commission about their duties under this title. If someone acts based on an opinion or advice given by the commission, they won't face criminal or civil penalties as long as they provided all the relevant facts. An opinion should be issued within 14 days, while written advice should be provided in 21 working days, although this can be extended. If the commission fails to respond within the timeframe, the individual may use this lack of response as a defense in any potential legal proceedings.

(a)CA Government Code § 83114(a) Any person may request the commission to issue an opinion with respect to that person’s duties under this title. The commission shall, within 14 days, either issue the opinion or advise the person who made the request whether an opinion will be issued. Any person who acts in good faith on an opinion issued to that person by the commission shall not be subject to criminal or civil penalties for so acting, provided that the material facts are as stated in the opinion request. The commission’s opinions shall be public records and may from time to time be published.
(b)CA Government Code § 83114(b) Any person may request the commission to provide written advice with respect to the person’s duties under this title. Such advice shall be provided within 21 working days of the request, provided that the time may be extended for good cause. It shall be a complete defense in any enforcement proceeding initiated by the commission, and evidence of good faith conduct in any other civil or criminal proceeding, if the requester, at least 21 working days prior to the alleged violation, requested written advice from the commission in good faith, disclosed truthfully all the material facts, and committed the acts complained of either in reliance on the advice or because of the failure of the commission to provide advice within 21 days of the request or such later extended time.

Section § 83115

Explanation

This section explains that if someone files a sworn complaint about possible violations related to agencies, officials, elections, lobbyists, or legislative actions, the commission must investigate. Once a complaint is received, the commission has 14 days to inform the complainant about any actions taken or planned, and explain the reasons for those actions. If no decision is reached within the 14 days, the complainant must be informed about the delay and later updated on the outcome.

Upon the sworn complaint of any person or on its own initiative, the commission shall investigate possible violations of this title relating to any agency, official, election, lobbyist or legislative or administrative action. Within 14 days after receipt of a complaint under this section, the commission shall notify in writing the person who made the complaint of the action, if any, the commission has taken or plans to take on the complaint, together with the reasons for such action or nonaction. If no decision has been made within 14 days, the person who made the complaint shall be notified of the reasons for the delay and shall subsequently receive notification as provided above.

Section § 83115.5

Explanation

Before the commission can determine there's probable cause that a law has been broken, the person accused must get a notification at least 21 days in advance. This notification needs to be sent through a registered mail or service of process, include a summary of the evidence, and inform the person of their right to attend the hearing and have a lawyer. The process is considered completed once the mail is received, or the receipt is returned unsigned. The hearing will be private unless the accused requests a public one.

A finding of probable cause to believe this title has been violated shall not be made by the commission unless, at least 21 days prior to the commission’s consideration of the alleged violation, the person alleged to have violated this title is notified of the violation by service of process or registered mail with return receipt requested, provided with a summary of the evidence, and informed of that person’s right to be present in person and represented by counsel at any proceeding of the commission held for the purpose of considering whether probable cause exists for believing the person violated this title. Notice to the alleged violator shall be deemed made on the date of service, the date the registered mail receipt is signed, or, if the registered mail receipt is not signed, the date returned by the post office. A proceeding held for the purpose of considering probable cause shall be private unless the alleged violator files with the commission a written request that the proceeding be public.

Section § 83116

Explanation

This section of the law deals with the procedure the commission follows when it suspects a rule has been broken. If there is probable cause, the commission can hold a hearing to decide if a violation actually happened, following specific state procedures. If someone is found guilty, the commission can order them to stop the violation, submit required documents, or pay a fine of up to $5,000 for each violation. If no offense is found, this will be publicly announced.

When the commission determines there is probable cause for believing this title has been violated, it may hold a hearing to determine if a violation has occurred. Notice shall be given and the hearing conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, Government Code). The commission shall have all the powers granted by that chapter. When the commission determines on the basis of the hearing that a violation has occurred, it shall issue an order that may require the violator to do all or any of the following:
(a)CA Government Code § 83116(a) Cease and desist violation of this title.
(b)CA Government Code § 83116(b) File any reports, statements, or other documents or information required by this title.
(c)CA Government Code § 83116(c) Pay a monetary penalty of up to five thousand dollars ($5,000) per violation to the General Fund of the state. When the Commission determines that no violation has occurred, it shall publish a declaration so stating.

Section § 83116.3

Explanation

If the commission disagrees with a decision made by an administrative law judge, they have to explain why they disagree in writing.

Whenever the commission rejects the decision of an administrative law judge made pursuant to Section 11517, the commission shall state the reasons in writing for rejecting the decision.

Section § 83116.5

Explanation

If you break the rules of this law, or if you cause or help someone else to break the rules, you can be held accountable. However, this only applies to people who have obligations to file or report, or who are paid to plan, organize, or direct activities that this law oversees. Breaking this rule doesn't count as an extra offense under another specific chapter of the law.

Any person who violates any provision of this title, who purposely or negligently causes any other person to violate any provision of this title, or who aids and abets any other person in the violation of any provision of this title, shall be liable under the provisions of this chapter. However, this section shall apply only to persons who have filing or reporting obligations under this title, or who are compensated for services involving the planning, organizing, or directing any activity regulated or required by this title, and a violation of this section shall not constitute an additional violation under Chapter 11 (commencing with Section 91000).

Section § 83116.7

Explanation

This law allows the Commission to offer a political reform education program instead of an administrative proceeding for people who break certain political rules, as long as they meet specific criteria. To qualify, a person should have little experience with the law they broke, the harm caused should be minimal, they should not have a similar penalty in the past five years, and there should be no evidence of intentional wrongdoing.

If someone completes the education program, they won't face penalties or have a record of this violation. However, failing to complete the program can result in administrative action. The Commission can charge a fee for participating in the program to cover its costs, which is paid to the state's General Fund. The law emphasizes that funding for this program should not take away from other funding for the Commission's responsibilities.

(a)CA Government Code § 83116.7(a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for persons who violate this title subject to the limitations in this section and other limitations imposed by the Commission.
(b)Copy CA Government Code § 83116.7(b)
(1)Copy CA Government Code § 83116.7(b)(1) Requirements for eligibility in the political reform education program include, but are not limited to, all of the following:
(A)CA Government Code § 83116.7(b)(1)(A) The person has little or no experience with the section of this title that the person violated.
(B)CA Government Code § 83116.7(b)(1)(B) The underlying violation resulted in minimal or no public harm.
(C)CA Government Code § 83116.7(b)(1)(C) The person has not been ordered to pay a penalty for the same type of violation in the previous five years.
(D)CA Government Code § 83116.7(b)(1)(D) There is no evidence of an intent to violate this title or to conceal a violation of this title.
(2)CA Government Code § 83116.7(b)(2) The Commission may impose additional eligibility requirements for participation in the political reform education program.
(c)Copy CA Government Code § 83116.7(c)
(1)Copy CA Government Code § 83116.7(c)(1) If a person meets the requirements to participate in the political reform education program specified by the Commission and completes the program, the person shall not be subject to administrative, civil, or criminal penalties under this title for that same violation and it shall not be deemed a prior violation of this title in any subsequent proceeding against the person.
(2)CA Government Code § 83116.7(c)(2) If a person fails to complete the political reform education program specified by the Commission, the Commission may pursue an administrative action for that violation.
(d)CA Government Code § 83116.7(d) To offset the costs to the state of the political reform education program, the Commission may charge a fee to a person who participates in the political reform education program that shall not exceed the reasonable cost to the Commission to administer the political reform education program. The fee shall be payable to the General Fund.
(e)CA Government Code § 83116.7(e) It is the intent of the Legislature that funds be appropriated annually to the Commission to administer the political reform education program. This funding shall not supplant or offset funding appropriated to the Commission to discharge its other duties under the Political Reform Act of 1974.

Section § 83117

Explanation

This law allows the Commission to accept financial support, like grants and contributions, and hire outside services for tasks their employees can't handle. They can also employ their own legal counsel. Additionally, they can request free legal advice and representation from the Attorney General.

The Commission may:
(a)CA Government Code § 83117(a) Accept grants, contributions and appropriations;
(b)CA Government Code § 83117(b) Contract for any services which cannot satisfactorily be performed by its employees;
(c)CA Government Code § 83117(c) Employ legal counsel. Upon request of the Commission, the Attorney General shall provide legal advice and representation without charge to the Commission.

Section § 83117.5

Explanation

Members of the commission cannot accept gifts that are valued at ten dollars or more each month. "Gift" here includes anything given directly or indirectly by state officials, candidates, or lobbyists, among others.

It shall be unlawful for a member of the commission to receive a gift of ten dollars ($10) or more per month.
“Gift” as used in this section means a gift made directly or indirectly by a state candidate, an elected state officer, a legislative official, an agency official, or a lobbyist or by any person listed in Section 87200.

Section § 83118

Explanation

This law gives the Commission the authority to require people to come and testify or provide evidence, which includes documents and records needed for the Commission’s work. They can make people appear and testify under oath, ensuring they can gather all necessary information for their duties.

The Commission may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records or other items material to the performance of the Commission’s duties or exercise of its powers.

Section § 83119

Explanation

This law states that the Commission can force someone to testify or provide evidence even if they fear self-incrimination. If a person claims their right against self-incrimination and is still compelled to testify, they cannot be prosecuted for what they reveal, except if they lie under oath. Also, the Commission cannot grant immunity to a witness unless they've informed the Attorney General 30 days before, or the Attorney General waives this notice.

The Commission may refuse to excuse any person from testifying, or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena of the Commission notwithstanding an objection that the testimony or evidence required of that person may tend to incriminate that person. An individual shall not be prosecuted in any manner or subjected to any penalty or forfeiture whatever for or on account of any transaction, act, matter, or thing concerning which that person is compelled, after having claimed that person’s privilege against self-incrimination, to testify or produce evidence, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Immunity shall not be granted to any witness under this section unless the Commission has notified the Attorney General of its intention to grant immunity to the witness at least thirty days in advance, or unless the Attorney General waives this requirement.

Section § 83120

Explanation

If you are affected by a decision made by the Commission, you have the right to ask a court to look over that decision.

An interested person may seek judicial review of any action of the Commission.

Section § 83121

Explanation

This law states that if someone asks a court to review a decision made by the Commission about an upcoming election, the court must prioritize this case over others. The court can also speed up deadlines and take other actions to ensure a quick decision, while still ensuring fairness.

If judicial review is sought of any action of the Commission relating to a pending election, the matter shall be advanced on the docket of the court and put ahead of other actions. The court may, consistent with due process of law, shorten deadlines and take other steps necessary to permit a timely decision.

Section § 83122

Explanation

This law grants $500,000 from California's General Fund to the Fair Political Practices Commission for operations during the 1974-1975 fiscal year and promises $1,000,000 (adjusted for cost-of-living changes) each year afterward. These funds help support the commission's work under the Political Reform Act of 1974. The money is subject to the same administrative review as other state funds. Additional funds may be provided by the legislature if needed. The Department of Finance must include relevant budget items, showing the distributions for the commission and other agencies involved in the Act, to support ongoing implementation. Furthermore, the usual definition of “expenditure” does not apply here.

There is hereby appropriated from the General Fund of the state to the Fair Political Practices Commission the sum of five hundred thousand dollars ($500,000) during the fiscal year of 1974–1975, and the sum of one million dollars ($1,000,000), adjusted for cost-of-living changes, during each fiscal year thereafter, for expenditure to support the operations of the commission pursuant to this title. The expenditure of funds under this appropriation shall be subject to the normal administrative review given to other state appropriations. The Legislature shall appropriate such additional amounts to the commission and other agencies as may be necessary to carry out the provisions of this title.
The Department of Finance, in preparing the state budget and the Budget Bill submitted to the Legislature, shall include an item for the support of the Political Reform Act of 1974, which item shall indicate all of the following: (1) the amounts to be appropriated to other agencies to carry out their duties under this title, which amounts shall be in augmentation of the support items of such agencies; (2) the additional amounts required to be appropriated by the Legislature to the commission to carry out the purposes of this title, as provided for in this section; and (3) in parentheses, for informational purposes, the continuing appropriation during each fiscal year of one million dollars ($1,000,000) adjusted for cost-of-living changes made to the commission by this section.
The definition of “expenditure” in Section 82025 is not applicable to this section.

Section § 83123.5

Explanation

This section outlines a process where the San Bernardino County Board of Supervisors and a commission can agree for the commission to oversee and enforce local campaign finance reform laws. The commission can investigate violations and take administrative actions to enforce the rules. The local laws must follow certain standards, and the Board must consult the commission before making changes to these laws. They can also make agreements regarding cost reimbursements related to the enforcement. Either party can decide to end these agreements without penalties, except for reasonable costs related to services already rendered.

(a)CA Government Code § 83123.5(a) Upon mutual agreement between the Commission and the Board of Supervisors of the County of San Bernardino, 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 of Supervisors of the County of San Bernardino. 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 local campaign finance reform ordinance, the Commission may do both of the following:
(1)CA Government Code § 83123.5(a)(1) Investigate possible violations of the local campaign finance reform ordinance.
(2)CA Government Code § 83123.5(a)(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)CA Government Code § 83123.5(b) Any local campaign finance reform ordinance of the County of San Bernardino enforced by the Commission pursuant to this section shall comply with this title.
(c)CA Government Code § 83123.5(c) The Board of Supervisors of the County of San Bernardino 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)Copy CA Government Code § 83123.5(d)
(1)Copy CA Government Code § 83123.5(d)(1) The Board of Supervisors of the County of San Bernardino 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)CA Government Code § 83123.5(d)(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 San Bernardino 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 San Bernardino terminates the agreement.
(e)CA Government Code § 83123.5(e) The Board of Supervisors of the County of San Bernardino 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.

Section § 83123.6

Explanation

This law allows the California Commission to manage local campaign finance or government ethics laws for a local agency if both agree. Once a deal is made, the Commission can handle enforcement of these laws, including investigating violations and prosecuting civil cases, without needing further permission from the local agency.

The local laws must line up with existing regulations, and any changes require consultation with the Commission. Agreements should include cost arrangements, subject to review and approval, and can be canceled with 90 days' notice unless otherwise agreed.

The Commission will list participating agencies on its website and is required to report to the Legislature on the agreements' performance by 2025. The law doesn't apply to large jurisdictions like San Bernardino County and expires in 2026, unless extended.

(a)Copy CA Government Code § 83123.6(a)
(1)Copy CA Government Code § 83123.6(a)(1) Upon mutual agreement between the Commission and the governing body of a local government agency, the Commission may assume primary responsibility for the impartial, effective administration, implementation, and enforcement of a local campaign finance or government ethics law passed by the local government agency.
(2)Copy CA Government Code § 83123.6(a)(2)
(A)Copy CA Government Code § 83123.6(a)(2)(A) Upon approval of an agreement pursuant to paragraph (1), the Commission shall be the civil prosecutor responsible for the civil enforcement of the local campaign finance or government ethics law of the local government agency in accordance with this title.
(B)CA Government Code § 83123.6(a)(2)(A)(B) As the civil prosecutor, the Commission may do all of the following with respect to the local campaign finance or government ethics law:
(i)CA Government Code § 83123.6(a)(2)(A)(B)(i) Provide advice.
(ii)CA Government Code § 83123.6(a)(2)(A)(B)(ii) Investigate possible violations.
(iii)CA Government Code § 83123.6(a)(2)(A)(B)(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)CA Government Code § 83123.6(a)(2)(A)(B)(iv) Bring civil actions.
(C)CA Government Code § 83123.6(a)(2)(A)(C) The Commission shall not be required to obtain authorization from the local government agency to bring an administrative or civil action pursuant to subparagraph (B).
(b)CA Government Code § 83123.6(b) A local campaign finance or government ethics law of the local government agency enforced by the Commission pursuant to this section shall comply with this title.
(c)CA Government Code § 83123.6(c) The governing body of the local government agency shall consult with the Commission before adopting and amending any local campaign finance or government ethics law that is subsequently enforced by the Commission pursuant to this section.
(d)Copy CA Government Code § 83123.6(d)
(1)Copy CA Government Code § 83123.6(d)(1) The governing body of the local government agency and the Commission shall enter into any agreements necessary and appropriate to carry out the provisions of paragraph (1) of subdivision (a), including agreements pertaining to any necessary local reimbursement of direct and indirect costs incurred by the Commission in administering, implementing, or enforcing a local campaign finance or government ethics law pursuant to this section. Before approving an agreement for local reimbursement, the Commission shall submit the proposed agreement to the Department of General Services for review. The Commission may approve the agreement 90 days after submitting it to the Department of General Services or after receiving the department’s written review of the agreement, whichever occurs first. The Commission shall submit an approved agreement, along with any review received, to the Department of Finance.
(2)CA Government Code § 83123.6(d)(2) An agreement entered into pursuant to this subdivision shall not contain a cancellation fee, a liquidated damages provision, or other financial disincentive to terminate the agreement pursuant to subdivision (e), except that, if the local government agency terminates the agreement, the Commission may require the governing body of the local government 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.
(e)CA Government Code § 83123.6(e) The governing body of the local government agency or the Commission may, at any time, by ordinance or resolution, terminate an agreement made pursuant to this section for the Commission to administer, implement, or enforce a local campaign finance ordinance or any provision thereof. The termination shall be effective 90 days after the enactment of the ordinance or resolution unless an agreement between the local government and the Commission requires a longer period.
(f)CA Government Code § 83123.6(f) The Commission shall conspicuously post on its Internet Web site a list of every local government agency that it has entered into agreement with pursuant to this section.
(g)CA Government Code § 83123.6(g) An agreement for the enforcement of a local campaign finance or government ethics law between the Commission and the City of Stockton, or the City of Sacramento that was in effect on December 31, 2018, shall be deemed to comply with this section.
(h)CA Government Code § 83123.6(h) 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, 2025, and shall submit that report in compliance with Section 9795. The Commission shall develop the report in consultation with the governing body of the local government agency. The report shall include, but not be limited to, all of the following:
(1)CA Government Code § 83123.6(h)(1) The status of the agreement.
(2)CA Government Code § 83123.6(h)(2) The estimated annual cost savings, if any, for the local government agency.
(3)CA Government Code § 83123.6(h)(3) A summary of relevant annual performance metrics, including measures of use, enforcement, and customer satisfaction.
(4)CA Government Code § 83123.6(h)(4) Public comments submitted to the Commission or the local government agency relative to the operation of the agreement.
(5)CA Government Code § 83123.6(h)(5) Legislative recommendations.
(i)CA Government Code § 83123.6(i) This section does not apply to a jurisdiction with a population of 3,000,000 or more or to the County of San Bernardino.
(j)CA Government Code § 83123.6(j) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.

Section § 83124

Explanation

Every odd-numbered year, the commission must update the limits on political contributions and spending based on changes in the Consumer Price Index. These adjustments are rounded to the nearest $100 for contributions and $1,000 for spending limits.

The commission shall adjust the contribution limitations and voluntary expenditure limitations provisions in Sections 85301, 85302, 85303, and 85400 in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100) for limitations on contributions and one thousand dollars ($1,000) for limitations on expenditures.