Bill Text: CA AB552 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Political Reform Act of 1974: collection of fines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-08 - Chaptered by Secretary of State - Chapter 645, Statutes of 2013. [AB552 Detail]

Download: California-2013-AB552-Chaptered.html

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BILL NUMBER: AB 552	CHAPTERED
	BILL TEXT

	CHAPTER  645
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2013
	APPROVED BY GOVERNOR  OCTOBER 8, 2013
	PASSED THE SENATE  SEPTEMBER 6, 2013
	PASSED THE ASSEMBLY  MAY 30, 2013

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 20, 2013

   An act to add Section 91013.7 to the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 552, Fong. Political Reform Act of 1974: collection of fines.
   Under existing law, the Political Reform Act of 1974, the Fair
Political Practices Commission is authorized 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
under the act.
   This bill would authorize the Commission to apply to the clerk of
the superior court for a judgment enforcing a monetary penalty, fee,
or civil penalty, and would require the clerk of the court to enter a
judgment immediately in conformity with the application if the time
for judicial review of the Commission's order or decision imposing
the monetary penalty, fee, or civil penalty has lapsed, or if all
means of judicial review of the order or decision have been
exhausted.
   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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 91013.7 is added to the Government Code, to
read:
   91013.7.  (a) If the time for judicial review of a final
Commission order or decision has lapsed, or if all means of judicial
review of the order or decision have been exhausted, the Commission
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.
   (b) The application, which shall 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, constitutes a sufficient showing to warrant issuance of the
judgment to collect the penalties. The clerk of the court shall
enter the judgment immediately in conformity with the application.
   (c) An application made pursuant to this section 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 Commission.
   (d) A judgment entered in accordance with this section has the
same force and effect as, and is subject to all the provisions of law
relating to, a judgment in a civil action and may be enforced in the
same manner as any other judgment of the court in which it is
entered.
   (e) The Commission may bring an application pursuant to this
section only within four years after the date on which the monetary
penalty, fee, or civil penalty was imposed.
   (f) The remedy available under this section is in addition to
those available under Section 91013.5 or any other law.
  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.