BILL NUMBER: AB 846	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 26, 2009

   An act relating to state agencies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 846, as introduced, Torrico. State agencies: civil and
administrative penalties.
    The Administrative Procedure Act contains provisions governing
the conduct of administrative adjudication for state agencies.
   This bill would declare the intent of the Legislature to enact
subsequent legislation requiring state agencies that are authorized
to impose civil or administrative penalties for a violation of a law,
regulation, order, permit, or license that the state agency is
authorized to enforce, adopt, or issue, to take specified actions
with regard to the amount and collection of these penalties.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby declares its intention to enact
subsequent legislation to require all state agencies that are
authorized to impose civil or administrative penalties for a
violation of a law, regulation, order, permit, or license that the
state agency is authorized to enforce, adopt, or issue, to do all of
the following:
    (a) Regularly adjust the amount of civil and administrative
penalties to reflect changes in the cost of living.
    (b) Require the assessment and adjustment of civil and
administrative penalties that, to the maximum extent permitted by
law, deprive the violator of any economic benefit or savings
resulting from noncompliance.
   (c) Maintain the deterrent effect of civil and administrative
penalties and promote compliance with the law.
    (d) Improve the collection of civil and administrative penalties.

    (e) Require state agencies to report to the Legislature on
compliance with these requirements.