BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 552|
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THIRD READING
Bill No: AB 552
Author: Fong (D)
Amended: As introduced
Vote: 27
SENATE ELECTIONS & CONST. AMEND. COMM. : 4-1, 7/2/13
AYES: Torres, Hancock, Padilla, Yee
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 55-19, 5/30/13 - See last page for vote
SUBJECT : Political Reform Act of 1974: collection of fines
SOURCE : Fair Political Practices Commission
DIGEST : This bill 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.
ANALYSIS :
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) and provides that the FPPC is the
civil prosecutor with respect to the state or any state
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agency, except itself.
2.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:
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.
Background
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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
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 will 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).
Prior Legislation
AB 2801 (Salda�a, 2006) was substantially similar to this bill.
AB 2801 failed passage in the Senate Elections, Reapportionment,
and Constitutional Amendments Committee
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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SUPPORT : (Verified 8/9/13)
Fair Political Practices Commission (source)
California Common Cause
ARGUMENTS IN SUPPORT : According to the author's office:
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.
ASSEMBLY FLOOR : 55-19, 5/30/13
AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong,
Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray,
Hall, Roger Hern�ndez, Jones-Sawyer, Levine, Lowenthal,
Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Nestande, Pan,
Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas,
Skinner, Stone, Ting, Waldron, Weber, Wieckowski, Williams,
Yamada, John A. P�rez
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Beth Gaines, Grove, Hagman, Harkey, Jones, Linder,
Logue, Maienschein, Mansoor, Melendez, Patterson, Wagner
NO VOTE RECORDED: Gorell, Holden, Morrell, Olsen, Wilk, Vacancy
RM:ej 8/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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