BILL ANALYSIS �
AB 552
Page 1
Date of Hearing: April 23, 2013
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 552 (Fong) - As Introduced: February 20, 2013
SUBJECT : Political Reform Act of 1974: collection of fines.
SUMMARY : Permits the Fair Political Practices Commission
(FPPC) to apply to the clerk of the court for a judgment to
collect penalties imposed by an FPPC enforcement order.
Specifically, this bill :
1)Provides that if the time for judicial review of a final FPPC
order or decision has lapsed, or if all means of judicial
review of the order of decision have been exhausted, the FPPC
may apply to the clerk of the court for a judgment to collect
the penalties imposed by the order or decision, or the order
as modified in accordance with a decision on judicial review.
2)Requires the application to the clerk of the court to include
a certified copy of the order or decision, or the order as
modified in accordance with a decision on judicial review, and
proof of service of the order or decision. Provides that the
application constitutes a sufficient showing to warrant
issuance of the judgment to collect the penalties. Requires
the clerk of the court to enter the judgment immediately.
3)Provides that an application to the clerk of the court for a
judgment to collect penalties imposed by an FPPC enforcement
order shall be made to the clerk of the superior court in the
county where the monetary penalties, fees, or civil penalties
were imposed by the FPPC.
4)Provides that a judgment entered pursuant to this bill has the
same force and effect as a judgment in civil action.
5)Provides the FPPC may bring an application under the
provisions of this bill only within four years after the date
on which the monetary penalty, fee, or civil penalty was
imposed.
6)Provides that the remedy provided in this bill is in addition
to those available under existing law.
AB 552
Page 2
EXISTING LAW :
1)Provides that the civil prosecutor is primarily responsible
for enforcement of the civil penalties and remedies of the
Political Reform Act (PRA). Provides that the FPPC is the
civil prosecutor with respect to the state or any state
agency, except itself.
2)Allows the FPPC to impose monetary penalties administratively
for violations of the PRA.
3)Authorizes the FPPC to bring a civil action and obtain a
judgment in superior court for the purpose of collecting any
unpaid monetary penalties, fees, or civil penalties imposed
for a violation of the PRA.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the Bill : According to the author:
Under existing law, in order to collect the unpaid monetary
penalties it has imposed, the FPPC must file a civil action
in the superior court to obtain the necessary judgment.
The FPPC must do so even if the party against whom the
penalty was levied chose not to seek judicial review of the
FPPC's decision, or even where all means of judicial review
have been exhausted.
AB 552 updates and streamlines the FPPC's unpaid collection
procedures by allowing it to receive a judgment to collect
penalties without filing a formal lawsuit in the superior
court. AB 552 is modeled after procedures already
available to other state agencies.
AB 552 has the potential to decrease staff time spent
pursuing collection cases and may result in faster
collection of outstanding penalties.
2)Unpaid Penalties : The FPPC is responsible for enforcing state
laws governing political campaigns, fundraising, lobbying, and
conflicts of interest for elected officials. Under existing
law, when the FPPC determines that there is probable cause to
believe that the PRA has been violated, it may hold a hearing
AB 552
Page 3
to determine whether a violation has occurred. If the FPPC
determines that a violation has occurred, it may issue an
order requiring the violator to cease and desist violation of
the PRA, to file any statements, reports, or other documents
or information required by the PRA, or to pay a monetary
penalty of up to $5,000 per violation of the PRA. Any such
order by the FPPC is subject to judicial review.
Under existing law, in order to collect any unpaid monetary
penalties it has imposed, the FPPC must file a civil action in
the superior court. The FPPC must do so even if the party
against whom the penalty was levied chose not to seek judicial
review of the FPPC's decision, or even where all means of
judicial review have been exhausted.
This bill creates an expedited procedure for the FPPC to
collect unpaid penalties in any situation where the time for
judicial review of the FPPC's decision has lapsed, or where
all means of judicial review of the FPPC's decision have been
exhausted. Instead of bringing a civil action with the court
to collect the unpaid penalties, the FPPC would be permitted
to apply to the clerk of the court for a judgment enforcing
the FPPC's decision.
The procedure established by this bill for the collection of
unpaid penalties is similar to a procedure that currently
exists for a number of government agencies, including the
Department of Conservation (pursuant to Section 14591.5 of the
Public Resources Code) and the Department of Forestry and Fire
Protection (pursuant to Section 4601.3 of the Public Resources
Code).
3)Previous Legislation : AB 2801 (Salda�a) of 2006, was
substantially similar to this bill. AB 2801 failed passage in
the Senate Elections, Reapportionment, and Constitutional
Amendments Committee.
4)Political Reform Act of 1974 : California voters passed an
initiative, Proposition 9, in 1974 that created the FPPC and
codified significant restrictions and prohibitions on
candidates, officeholders, and lobbyists. That initiative is
commonly known as the PRA. Amendments to the PRA by the
Legislature must further the purposes of the proposition and
require a two-thirds vote of each house of the Legislature, or
the Legislature may propose amendments to the proposition that
AB 552
Page 4
do not further the purposes of the PRA by a majority vote, but
such amendments must be approved by the voters to take effect.
REGISTERED SUPPORT / OPPOSITION :
Support
Fair Political Practices Commission (Sponsor)
California Common Cause
Opposition
None on file.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094