BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1666
                                                                  Page  1

          Date of Hearing:   April 30, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 1666 (Garcia) - As Amended:  April 8, 2014 

          Policy Committee:                              ElectionsVote:6-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          1)This bill doubles the restitution fines for a member of the  
            Legislature or any member of a local government legislative  
            body who asks for or receives a bribe in exchange for  
            influence over his or her official action, as follows:

             a)   In cases where no bribe was actually received, from a  
               minimum of $2,000 to a minimum of $4,000 and from a maximum  
               of $10,000 to a maximum of $20,000.

             b)   In cases where a bribe was received, from a minimum of  
               the actual amount of the bribe received or $2,000,  
               whichever is greater, and a maximum of up to double the  
               amount of any bribe received or $10,000, or whichever is  
               greater, to a minimum of the amount of the bribe received  
               or $4,000, whichever is greater and a maximum of up to  
               double the amount of any bribe received or $20,000,  
               whichever is greater.

          2)The bill also amends the Political Reform Act to prohibit  
            campaign funds from being used to pay the restitution fines  
            provided for above.

           FISCAL EFFECT  

          1)Minor absorbable enforcement costs to the Fair Political  
            Practices Commission to enforce the prohibition on use of  
            campaign funds.

          2)Minor additional fine revenues.

           COMMENTS  








                                                                  AB 1666
                                                                  Page  2


           Purpose  . SB 923 (McPherson)/Statutes of 2001, increased the  
          fines for specified bribery offenses involving public officials.  
          The author contends these thresholds should be adjusted.

          In addition, 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 prohibits campaign funds from being used to pay a  
          restitution fine.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081