BILL ANALYSIS �
AB 1666
Page 1
Date of Hearing: April 1, 2014
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1666 (Garcia) - As Introduced: February 12, 2014
SUBJECT : Political Reform Act of 1974: campaign funds: bribery
fines.
SUMMARY : Increases existing restitution fines for the crime of
bribery and prohibits the use of campaign funds to pay for such
fines. Specifically, this bill :
1)Increases the restitution fines for any member of the
Legislature or any member of the legislative body of a city,
county, city and county, school district, or other special
district who asks for or receives a bribe, as specified, in
exchange for influence over his or her official action as
follows:
a) Doubles restitution fines, in cases where no bribe has
been actually received, from a minimum of two thousand
dollars ($2,000), and a maximum of ten thousand dollars
($10,000), to instead a minimum of four thousand dollars
($4,000), and maximum of twenty thousand dollars ($20,000);
and,
b) Doubles restitution fines, in cases in which a bribe was
actually received, from a minimum of the actual amount of
the bribe received or two thousand dollars ($2,000),
whichever is greater, and a maximum of double the amount of
any bribe received or ten thousand dollars ($10,000), or
whichever is greater, to instead a minimum amount of the
bribe received or four thousand dollars ($4,000), whichever
is greater, and a maximum of not more than double the
amount of any bribe received or twenty thousand dollars
($20,000), whichever is greater.
2)Requires the Fair Political Practices Commission (FPPC) to
adjust the fine amounts specified above in January of every
odd-numbered year to reflect any increase or decrease in the
Consumer Price Index. Requires the fine amounts to be rounded
to the nearest ten dollars ($10).
3)Prohibits campaign funds from being used to pay a restitution
AB 1666
Page 2
fine as described above.
EXISTING LAW :
1)Creates the FPPC, and makes it responsible for the impartial,
effective administration and implementation of the Political
Reform Act (PRA).
2)Prohibits the use of campaign funds for an expenditure that
confers a substantial personal benefit on any individual or
individuals with authority to approve the expenditure unless
the expenditure is directly related to a political,
legislative, or governmental purpose.
3)Prohibits the use of campaign funds to compensate a candidate
or elected officer for the performance of political,
legislative, or governmental activities, except for
reimbursement of out-of-pocket expenses incurred for
political, legislative, or governmental purposes.
4)Provides that any person who knowingly or willfully violates
the PRA is guilty of a misdemeanor.
5)Provides that every Member of either house of the Legislature,
or any member of the legislative body of a city, county, city
and county, school district, or other special district, who
asks, receives, or agrees to receive, any bribe, upon any
understanding that his or her official vote, opinion,
judgment, or action shall be influenced thereby, or shall
give, in any particular manner, or upon any particular side of
any question or matter upon which he or she may be required to
act in his or her official capacity, or gives, or offers or
promises to give, any official vote in consideration that
another Member of the Legislature, or another member of the
legislative body of a city, county, city and county, school
district, or other special district shall give this vote
either upon the same or another question, is punishable by
imprisonment in the state prison for two, three, or four years
and, in cases in which no bribe has been actually received, by
a restitution fine of not less than two thousand dollars
($2,000) or not more than ten thousand dollars ($10,000) or,
in cases in which a bribe was actually received, by a
restitution fine of at least the actual amount of the bribe
received or two thousand dollars ($2,000), whichever is
greater, or any larger amount of not more than double the
AB 1666
Page 3
amount of any bribe received or ten thousand dollars
($10,000), whichever is greater. Requires the court, in
imposing a fine under this section, to consider the
defendant's ability to pay the fine.
FISCAL EFFECT : Unknown. State-mandated local program;
contains a crimes and infractions disclaimer.
COMMENTS :
1)Purpose of the Bill : According to the author:
AB 1666 strengthens penalties associated with bribes by
increasing the fines imposed and by ensuring those
convicted must pay penalties out of personal funds, not out
of accounts meant for running for office.
2)Bribery Fines : In 2001, the Governor signed and the
Legislature passed SB 923 (McPherson), Chapter 282, Statutes
of 2001, which increased the fines for specified bribery
offenses involving public officials. According to the
author's background material provided to the committee, these
fine thresholds have not been adjusted since they were
implemented in 2001. This bill doubles the fines in a case
where no bribe has actually been received from a fine of not
less than four thousand dollars ($4,000), instead of two
thousand dollars ($2,000), to not more than twenty thousand
dollars ($20,000), instead of ten thousand dollars ($10,000).
In addition, the bill makes corresponding changes in the case
where the defendant actually received a bribe, and doubles the
minimum fine amount from the greater of the amount of the
bribe received or two thousand dollars ($2,000) to four
thousand dollars ($4,000), as specified, and doubles the
maximum fine from the greater of double the amount of the
bribe received or ten thousand dollars ($10,000) to twenty
thousand dollars ($20,000), as specified.
Furthermore, the author contends that if a member of the
Legislature is convicted of one of the bribe scenarios
described above, nothing in current law prohibits use of
campaign funds to pay a restitution fine. In other words,
restitution fines imposed from a bribery offense could be paid
out of the officeholder's campaign funds, instead of their
personal funds. This bill strengthens the penalties
associated with bribery offenses and prohibits campaign funds
AB 1666
Page 4
from being used to pay a restitution fine as described above.
3)Fair Political Practices Commission : The FPPC is responsible
for enforcing state laws governing political campaigns,
fundraising, lobbying, and conflicts of interest for elected
officials. Under existing law, the FPPC is required to adjust
contribution and voluntary expenditure limits within the PRA
in January of every odd-numbered year to reflect any increase
or decrease in the Consumer Price Index.
This bill adds a new duty to the FPPC by requiring it to adjust
fine amounts specified in the Penal Code for bribery offenses
involving public officials. The FPPC does not, however, have
jurisdiction over bribery crimes, nor does it have any
authority with respect to any violations of the Penal Code.
The committee may wish to consider whether it is prudent to
require the FPPC to adjust fines for crimes it has no
authority to enforce.
Additionally, this bill provides for the fines for bribery
convictions to be adjusted for any changes in inflation, but
does not similarly provide for automatic adjustments for fines
imposed for convictions of other crimes. If it is a desirable
policy to adjust fines to reflect inflation, then it is
unclear why that policy should not be in place for all fine
amounts. The committee may wish to consider amending the
bill to remove the requirement for fines to be adjusted.
4)Related Legislation : AB 1692 (Garcia), which is also being
heard in this committee today, limits the use of campaign
funds and legal defense funds to pay fines and penalties that
are imposed for an improper personal use of campaign funds, as
specified.
5)Political Reform Act of 1974 : 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 PRA. Amendments to the PRA that are not
submitted to the voters, such as those contained in this bill,
must further the purposes of the proposition and require a
two-thirds vote of each house of the Legislature.
REGISTERED SUPPORT / OPPOSITION :
AB 1666
Page 5
Support
Secretary of State Debra Bowen
Opposition
None on file.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094