CC Resolution 2021-043 Campaign Contribution Regulations (AB 571) RESOLUTION NO. 2021 – 043
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
ESTABLISHING CITY REGULATIONS RELATING
TO CAMPAIGN CONTRIBUTIONS AND
AUTHORIZING SPECIFIED PENALTIES FOR
VIOLATIONS OF CITY REGULATIONS,
PURSUANT TO ASSEMBLY BILL 571 (STATS.
2019, CH. 556)
WHEREAS, The California Political Reform Act, Government Code
section 81000 et seq. (“Act”) was enacted by the California voters in 1974,
and it includes provisions that regulate campaign finance, lobbying activity,
and conflict of interest; and
WHEREAS, the City of La Quinta (“City”) currently does not have
campaign contribution limits or regulations; and
WHEREAS, pursuant to Assembly Bill No. 571 (Stats. 2019, Ch. 556,
AB 571 Mullin) (“AB 571”), effective January 1, 2021, a state campaign
contribution limit applies to city and county candidates when the city or county
has not enacted a contribution limit for such candidates; and
WHEREAS, pursuant to Government Code section 83124 the FPPC is
required to adjust the limit in January of every odd-numbered year to reflect
any increase or decrease in the Consumer Price Index, with these adjustments
to be rounded to the nearest $100 for limitations on contributions and $1,000
for limitations on expenditures; and
WHEREAS, pursuant to Government Code section 85702.5 a county or
city may, by ordinance or resolution, impose a limit on contributions to a
candidate for elective county or city office that is different from the default
limits set forth in Government Code section 85301, and adopt enforcement
standards for a violation of that limit. Compliance and enforcement of City
established contribution limits are the responsibility of the City and not the
FPPC, and are not subject to the Act’s provisions; and
WHEREAS, along with the State default campaign contribution limits,
AB 571 imposes to city and county candidates other related provisions that
formerly applied only to state-level candidates, including the following (the list
below is not all encompassing):
Resolution No. 2021 – 043
Campaign Contribution Limits, Regulations, and Penalties
Adopted: December 21, 2021
Page 2 of 5
Under state regulations in Title 2 of the California Code of
Regulations, Section 18110 et seq. (“FPPC Regulations”), a candidate
for elective state, county, or city office that has qualified as a
committee must establish a separate controlled committee and
campaign bank account for each specific office. Candidates may not
redesignate a committee for one election to a subsequent election for
the same or a different elective office (FPPC Regulations § 18521);
Candidates may transfer non-surplus campaign funds from one
candidate-controlled committed to another committee controlled by
the same candidate for a different office if the committee receiving
the transfer is for an elective state, county, or city office. The
contributions transferred must be attributed and transferred using
the “last in, first out” or “first in, first out” accounting method and
shall not exceed the applicable contribution limit per contributor
(FPPC Regulation § 18536 related to the transfer and attribution of
contributions);
For candidates seeking to transfer campaign funds from one
controlled committee to another for the same office, a candidate may
carry over non-surplus campaign funds raised in connection with one
election to pay for campaign expenditures incurred in connect with a
subsequent election for the same office without attributing or using
the “last in, first out” or “first in, first out” accounting method (FPPC
Regulation § 18537.1 related to carryover of contributions);
Contributions after the date of the election may be accepted to the
extent contributions do not exceed net debts outstanding from the
election, and contributions do not otherwise exceed applicable
contribution limits for that election (FPPC Regulation § 18531.64);
Candidates that are currently in office who are running for reelection
to the same seat in an election after January 1, 2021, may carry over
campaign funds without attribution pursuant to otherwise applicable
provisions in the Act and FPPC Regulations; and
WHEREAS, it is the purpose and intent of the City Council in adopting
this resolution to preserve an orderly political forum in which individuals and
groups may express themselves effectively; to eliminate the appearance of
any improper influence over the City’s elected officials; to place realistic
enforceable limits on campaign contributions for municipal elections for City
offices; and to provide full and fair enforcement; and
Resolution No. 2021 – 043
Campaign Contribution Limits, Regulations, and Penalties
Adopted: December 21, 2021
Page 3 of 5
WHEREAS, based upon the foregoing recitals, the City Council desires
to adopt a resolution establishing campaign contribution limits, regulations,
and penalties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. RECITALS. The recitals above are true and correct
and incorporated herein by this reference.
SECTION 2. DEFINITIONS. The terms used in this Resolution shall
have the same definitions as specified in the Act and FPPC Regulations. In
those cases where definitions in the Act or FPPC Regulations contain a specific
reference to any state election, candidate, or electoral criteria, the definition
shall be modified to reflect the municipal equivalent, or, in the absence of a
municipal equivalent, to delete the specific reference.
SECTION 3. CAMPAIGN CONTRIBUTION – LIMITATIONS AND
RELATED ADJUSTMENTS. The City shall not have campaign contribution
limits for elective city offices, notwithstanding the limits set forth in
Government Code section 85301. Any limits set forth in Government Code
section 85301 do not apply to a candidate’s contributions of the candidate’s
personal funds to the candidates own campaign.
SECTION 4. CAMPAIGN FUND TRANSFERS. Candidates may transfer
non-surplus campaign funds from one controlled committee to another
committee controlled by the same candidate for the same or a different
elective City office and may carry over non-surplus campaign funds raised in
connection with one municipal election to pay for campaign expenditures
incurred in connect with a subsequent municipal election without attributing,
being subject to any campaign contribution limit, or using the “last in, first
out” or “first in, first out” accounting method. Candidates do not need to
establish a separate campaign bank account for redesignated committees for
the same or a different City office. In all other aspects, the Act and FPPC
Regulations related to campaign fund transfers shall apply.
SECTION 5. LOCAL CANDIDATE CAMPAIGN COMMITTEES.
Candidates for elective City office that are subject to the contribution limit in
Government Code section 85301 may redesignate a committee for one
municipal election to another municipal election for the same or different
elective City office. In all other aspects, the Act and FPPC Regulations related
to committees shall apply.