BILL ANALYSIS                                                                                                                                                                                                    Ķ






                           SENATE COMMITTEE ON ELECTIONS 
                            AND CONSTITUTIONAL AMENDMENTS
                           Senator Norma J. Torres, Chair


          BILL NO:   AB 552              HEARING DATE: 7/2/13
          AUTHOR:    FONG                ANALYSIS BY:  Darren Chesin
          AMENDED:   AS INTRODUCED 
          FISCAL:    YES
          
                                        SUBJECT
           
          Political Reform Act: collection of fines

                                      DESCRIPTION  
          
           Existing law  provides that the civil prosecutor is primarily  
          responsible for enforcement of the civil penalties and remedies  
          of the Political Reform Act (PRA) and provides that the Fair  
          Political Practices Commission (FPPC) is the civil prosecutor  
          with respect to the state or any state agency, except itself.

           Existing law  allows the FPPC to impose monetary penalties  
          administratively for violations of the PRA and 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.

           This bill  permits the FPPC to apply to the clerk of the court  
          for a judgment to collect penalties imposed by an FPPC  
          enforcement order.  Specifically,  this bill  :  

           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. 

           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. 

           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.

           Provides that a judgment entered pursuant to this bill has the  
            same force and effect as a judgment in civil action.

           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.

           Provides that the remedy provided in this bill is in addition  
            to those available under existing law.

                                      BACKGROUND  
          
           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 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  
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          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).

                                       COMMENTS  
          
           1.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.Previous Legislation  .  AB 2801 (Saldaņa) of 2006, was  
            substantially similar to this bill.  AB 2801 failed passage in  
            the Senate Elections, Reapportionment, and Constitutional  
            Amendments Committee. 

           3.Due Process Issue  ?  When AB 2801 (Saldaņa) of 2006 was debated  
            in the Assembly a question was raised as to whether the  
            proceeding permitted by this bill would violate a person's  
            constitutional right to due process.  However, in 1994, the  
            California Court of Appeal ruled in  Bradshaw  v.  Park  (29 Cal.  
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            App. 4th 1267) that a similar proceeding brought by the Labor  
            Commissioner (pursuant to Section 3726 of the Labor Code) did  
            not deny the defendant due process because he was notified of  
            his right to a hearing  and chose not to contest the penalty.

                                     PRIOR ACTION
           
          Assembly Elections and Redistricting Committee:  5-2
          Assembly Appropriations Committee: 12-5
          Assembly Floor:                         55-19
                                           
                                      POSITIONS  

          Sponsor: Fair Political Practices Commission

           Support: California Common Cause

           Oppose:  None received
           
           
           






















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