BILL ANALYSIS �
AB 552
Page 1
ASSEMBLY THIRD READING
AB 552 (Fong)
As Introduced February 20, 2013
2/3 vote
ELECTIONS 5-2 APPROPRIATIONS 12-5
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|Ayes:|Fong, Bocanegra, Bonta, |Ayes:|Gatto, Bocanegra, |
| |,Hall, Perea | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Ammiano, Pan, Quirk, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly, Logue |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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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
AB 552
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential savings to the FPPC from a reduction in
court-related workload due to the new procedure for collecting
penalties.
COMMENTS : 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."
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.
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 Political Reform Act (PRA).
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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 do not further the purposes
of the PRA by a majority vote, but such amendments must be
approved by the voters to take effect.
Please see the policy committee analysis for a full discussion
on this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN: 0000418