BILL NUMBER: AB 1274 CHAPTERED 09/29/99 CHAPTER 577 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1999 APPROVED BY GOVERNOR SEPTEMBER 28, 1999 PASSED THE ASSEMBLY AUGUST 31, 1999 PASSED THE SENATE AUGUST 25, 1999 AMENDED IN SENATE JULY 13, 1999 AMENDED IN ASSEMBLY MAY 19, 1999 INTRODUCED BY Assembly Member Frusetta FEBRUARY 26, 1999 An act to amend Section 91007 of the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1274, Frusetta. Political Reform Act of 1974: civil action. Under the existing Political Reform Act of 1974 a person who violates the reporting requirements specified in the act or makes or receives a contribution, gift, or expenditure in violation of specified provisions of the act is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction. Under these provisions of the act, before filing a civil action, a person must first file with the civil prosecutor a written request for the civil prosecutor to commence the action. The civil prosecutor then is required to respond within 40 days after receipt of the request, indicating whether he or she intends to file a civil action. If the civil prosecutor files suit within 40 days thereafter, no other action may be brought unless the action brought by the civil prosecutor is dismissed without prejudice as specified. This bill would instead provide that if the civil prosecutor indicates that he or she intends to file a civil action and files suit within 120 days from receipt of the written request to commence the action, no other action may be brought unless the action brought by the civil prosecutor is dismissed without prejudice. If the civil prosecutor indicates within 120 days from receipt of the written request to commence the action that he or she will not file a civil action, the person requesting the action may proceed to file the civil action. The bill also would toll the statute of limitations applicable for commencing a civil action under these provisions, as specified, but only for a civil action brought by the person who requested the civil prosecutor to commence the action. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes with a 2/3 vote of each house and compliance with specified procedural requirements. This bill, which would declare that it furthers the purposes of the act, would therefore require a 2/3 vote. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 91007 of the Government Code is amended to read: 91007. (a) Any person, before filing a civil action pursuant to Sections 91004 and 91005, must first file with the civil prosecutor a written request for the civil prosecutor to commence the action. The request shall include a statement of the grounds for believing a cause of action exists. The civil prosecutor shall respond to the person in writing, indicating whether he or she intends to file a civil action. (1) If the civil prosecutor responds in the affirmative and files suit within 120 days from receipt of the written request to commence the action, no other action may be brought unless the action brought by the civil prosecutor is dismissed without prejudice as provided for in Section 91008. (2) If the civil prosecutor responds in the negative within 120 days from receipt of the written request to commence the action, the person requesting the action may proceed to file a civil action upon receipt of the response from the civil prosecutor. If, pursuant to this subdivision, the civil prosecutor does not respond within 120 days, the civil prosecutor shall be deemed to have provided a negative written response to the person requesting the action on the 120th day and the person shall be deemed to have received that response. (3) The time period within which a civil action shall be commenced, as set forth in Section 91011, shall be tolled from the date of receipt by the civil prosecutor of the written request to either the date that the civil action is dismissed without prejudice, or the date of receipt by the person of the negative response from the civil prosecutor, but only for a civil action brought by the person who requested the civil prosecutor to commence the action. (b) Any person filing a complaint, cross-complaint or other initial pleading in a civil action pursuant to Section 91003, 91004, 91005, or 91005.5 shall, within 10 days of filing the complaint, cross-complaint, or initial pleading, serve on the commission a copy of the complaint, cross-complaint, or initial pleading or a notice containing all of the following: (1) The full title and number of the case. (2) The court in which the case is pending. (3) The name and address of the attorney for the person filing the complaint, cross-complaint, or other initial pleading. (4) A statement that the case raises issues under the Political Reform Act. (c) No complaint, cross-complaint, or other initial pleading shall be dismissed for failure to comply with subdivision (b). SEC. 2. The Legislature finds and declares that the provisions of this act further the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to adjust the procedures for the filing of civil actions under the Political Reform Act of 1974, and thereby allow for more efficient and effective administration of the act at the earliest possible time, it is necessary that this act take effect immediately.