BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 552
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     AB 552 (Fong) - As Amended:  April 10, 2013 

          Policy Committee:                              ElectionsVote:5-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill amends the Political Reform Act (PRA) to authorize the  
          Fair Political Practices Commission (FPPC), if all means of  
          judicial review of a final commission order or decision are  
          exhausted, to apply to the superior court clerk for an immediate  
          judgment to collect penalties imposed by the order or decision. 
          
           FISCAL EFFECT  


          Potential savings to the FPPC from a reduction in court-related  
          workload due to the new procedure for collecting penalties. 


           COMMENTS  

           1)Background and Purpose  . If the FPPC determines that a  
            violation of the PRA has occurred, it may issue an order  
            requiring the violator to cease and desist, 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. 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, even where all means of  
            judicial review have been exhausted.

            This bill creates an expedited procedure for the FPPC to  








                                                                  AB 552
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            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.

            This procedure is similar to current process for a number of  
            government agencies, including the Department of Conservation  
            and the Department of Forestry and Fire Protection.

           2)Related Legislation  . AB 1090 (Fong), also on today's committee  
            agenda, provides the FPPC with new authority and  
            responsibility regarding enforcement of Government Code  
            Section 1090, dealing with conflict-of-interest in contracting  
            decisions by elected and appointed 
            officials. This bill includes provisions similar to AB 552,  
            albeit applicable to Section 1090.  
             
           3)Prior Legislation  . In 2006, AB 2801 (Saldana), which was  
            substantially similar to this bill, failed passage in Senate  
            Elections, Reapportionment, and Constitutional Amendments.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081