| 1 | | - | Senate Bill No. 29 CHAPTER 696 An act to amend Section 91013 of, and to add Section 83116.7 to, the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 29, Glazer. The Political Reform Act of 1974: Fair Political Practices Commission: political reform education program.The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. Under existing law, the Fair Political Practices Commission has primary responsibility for the impartial, effective administration and implementation of the Political Reform Act of 1974. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. Under existing law, a person who files an original statement or report after a deadline imposed by the Political Reform Act of 1974 is liable in the amount of $10 per day after the deadline until the statement or report is filed, as specified. Existing law authorizes a filing officer to not impose this liability if the officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except as specified. Existing regulation directs the commission to develop a diversion program to allow for the education of a person who commits a minor violation of the act, as specified.This bill would authorize the commission to establish and administer a political reform education program as an alternative to an administrative proceeding, as specified. The bill would establish eligibility requirements for the political reform education program, including that the person has little or no experience with the act and that the violation resulted in minimal or no public harm. If a person meets the requirements to participate in the political reform education program and completes the program, this bill would exempt the person from administrative, civil, or criminal penalties for the applicable violation of the Political Reform Act of 1974, as specified. The bill would authorize the commission to impose additional eligibility requirements for participation in the program. The bill would authorize the commission to charge a fee to program participants in an amount not to exceed the reasonable cost to administer the political reform education program. The bill would require the fee be paid to the General Fund. The bill would express the intent of the Legislature to appropriate funds annually to the commission to administer the political reform education program. The bill would prohibit a filing officer from imposing the $10 per day liability if the person who filed the late report or statement was unable to timely file due to serious illness or hospitalization or if the person completes the political reform education program, as specified.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 83116.7 is added to the Government Code, to read:83116.7. (a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for persons who violate this title subject to the limitations in this section and other limitations imposed by the Commission.(b) (1) Requirements for eligibility in the political reform education program include, but are not limited to, all of the following:(A) The person has little or no experience with the section of this title that the person violated.(B) The underlying violation resulted in minimal or no public harm.(C) The person has not been ordered to pay a penalty for the same type of violation in the previous five years.(D) There is no evidence of an intent to violate this title or to conceal a violation of this title.(2) The Commission may impose additional eligibility requirements for participation in the political reform education program.(c) (1) If a person meets the requirements to participate in the political reform education program specified by the Commission and completes the program, the person shall not be subject to administrative, civil, or criminal penalties under this title for that same violation and it shall not be deemed a prior violation of this title in any subsequent proceeding against the person.(2) If a person fails to complete the political reform education program specified by the Commission, the Commission may pursue an administrative action for that violation.(d) To offset the costs to the state of the political reform education program, the Commission may charge a fee to a person who participates in the political reform education program that shall not exceed the reasonable cost to the Commission to administer the political reform education program. The fee shall be payable to the General Fund.(e) It is the intent of the Legislature that funds be appropriated annually to the Commission to administer the political reform education program. This funding shall not supplant or offset funding appropriated to the Commission to discharge its other duties under the Political Reform Act of 1974.SEC. 2. Section 91013 of the Government Code is amended to read:91013. (a) (1) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is filed, to the officer with whom the statement or report is required to be filed.(2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall not be waived pursuant to this paragraph if a statement or report is not filed within 30 days for a statement of economic interest, other than a candidates statement filed pursuant to Section 87201, 5 days for a campaign statement required to be filed 12 days before an election, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement.(3) Liability shall not be enforced by the filing officer if the person who filed the late statement or report was unable to timely file the statement or report due to serious illness or hospitalization.(4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(b) If any person files a copy of a statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this chapter, be liable in the amount of ten dollars ($10) per day, starting 10 days, or 5 days in the case of a campaign statement required to be filed 12 days before an election, after the officer has sent specific written notice of the filing requirement and until the statement is filed. Liability shall not be enforced by the filing officer in either of the following circumstances:(1) The person who filed the late copy of the statement or report was unable to timely file the copy of the statement or report due to serious illness or hospitalization.(2) The person who filed the late copy of the statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(c) The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer. Liability under this section shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars ($100), whichever is greater.SEC. 3. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.SEC. 4. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to allow the Fair Political Practices Commission to commence administration of the full political reform education program as soon as possible, it is necessary that this act take effect immediately. |
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| 1 | + | Enrolled September 13, 2023 Passed IN Senate September 11, 2023 Passed IN Assembly September 07, 2023 Amended IN Assembly June 22, 2023 Amended IN Senate March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 29Introduced by Senator Glazer(Coauthor: Senator Ochoa Bogh)(Coauthor: Assembly Member Bryan)December 05, 2022 An act to amend Section 91013 of, and to add Section 83116.7 to, the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTSB 29, Glazer. The Political Reform Act of 1974: Fair Political Practices Commission: political reform education program.The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. Under existing law, the Fair Political Practices Commission has primary responsibility for the impartial, effective administration and implementation of the Political Reform Act of 1974. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. Under existing law, a person who files an original statement or report after a deadline imposed by the Political Reform Act of 1974 is liable in the amount of $10 per day after the deadline until the statement or report is filed, as specified. Existing law authorizes a filing officer to not impose this liability if the officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except as specified. Existing regulation directs the commission to develop a diversion program to allow for the education of a person who commits a minor violation of the act, as specified.This bill would authorize the commission to establish and administer a political reform education program as an alternative to an administrative proceeding, as specified. The bill would establish eligibility requirements for the political reform education program, including that the person has little or no experience with the act and that the violation resulted in minimal or no public harm. If a person meets the requirements to participate in the political reform education program and completes the program, this bill would exempt the person from administrative, civil, or criminal penalties for the applicable violation of the Political Reform Act of 1974, as specified. The bill would authorize the commission to impose additional eligibility requirements for participation in the program. The bill would authorize the commission to charge a fee to program participants in an amount not to exceed the reasonable cost to administer the political reform education program. The bill would require the fee be paid to the General Fund. The bill would express the intent of the Legislature to appropriate funds annually to the commission to administer the political reform education program. The bill would prohibit a filing officer from imposing the $10 per day liability if the person who filed the late report or statement was unable to timely file due to serious illness or hospitalization or if the person completes the political reform education program, as specified.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 83116.7 is added to the Government Code, to read:83116.7. (a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for persons who violate this title subject to the limitations in this section and other limitations imposed by the Commission.(b) (1) Requirements for eligibility in the political reform education program include, but are not limited to, all of the following:(A) The person has little or no experience with the section of this title that the person violated.(B) The underlying violation resulted in minimal or no public harm.(C) The person has not been ordered to pay a penalty for the same type of violation in the previous five years.(D) There is no evidence of an intent to violate this title or to conceal a violation of this title.(2) The Commission may impose additional eligibility requirements for participation in the political reform education program.(c) (1) If a person meets the requirements to participate in the political reform education program specified by the Commission and completes the program, the person shall not be subject to administrative, civil, or criminal penalties under this title for that same violation and it shall not be deemed a prior violation of this title in any subsequent proceeding against the person.(2) If a person fails to complete the political reform education program specified by the Commission, the Commission may pursue an administrative action for that violation.(d) To offset the costs to the state of the political reform education program, the Commission may charge a fee to a person who participates in the political reform education program that shall not exceed the reasonable cost to the Commission to administer the political reform education program. The fee shall be payable to the General Fund.(e) It is the intent of the Legislature that funds be appropriated annually to the Commission to administer the political reform education program. This funding shall not supplant or offset funding appropriated to the Commission to discharge its other duties under the Political Reform Act of 1974.SEC. 2. Section 91013 of the Government Code is amended to read:91013. (a) (1) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is filed, to the officer with whom the statement or report is required to be filed.(2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall not be waived pursuant to this paragraph if a statement or report is not filed within 30 days for a statement of economic interest, other than a candidates statement filed pursuant to Section 87201, 5 days for a campaign statement required to be filed 12 days before an election, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement.(3) Liability shall not be enforced by the filing officer if the person who filed the late statement or report was unable to timely file the statement or report due to serious illness or hospitalization.(4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(b) If any person files a copy of a statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this chapter, be liable in the amount of ten dollars ($10) per day, starting 10 days, or 5 days in the case of a campaign statement required to be filed 12 days before an election, after the officer has sent specific written notice of the filing requirement and until the statement is filed. Liability shall not be enforced by the filing officer in either of the following circumstances:(1) The person who filed the late copy of the statement or report was unable to timely file the copy of the statement or report due to serious illness or hospitalization.(2) The person who filed the late copy of the statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(c) The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer. Liability under this section shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars ($100), whichever is greater.SEC. 3. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.SEC. 4. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to allow the Fair Political Practices Commission to commence administration of the full political reform education program as soon as possible, it is necessary that this act take effect immediately. |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | SB 29, Glazer. The Political Reform Act of 1974: Fair Political Practices Commission: political reform education program. |
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| 20 | 31 | | |
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| 21 | 32 | | The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. Under existing law, the Fair Political Practices Commission has primary responsibility for the impartial, effective administration and implementation of the Political Reform Act of 1974. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. Under existing law, a person who files an original statement or report after a deadline imposed by the Political Reform Act of 1974 is liable in the amount of $10 per day after the deadline until the statement or report is filed, as specified. Existing law authorizes a filing officer to not impose this liability if the officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except as specified. Existing regulation directs the commission to develop a diversion program to allow for the education of a person who commits a minor violation of the act, as specified.This bill would authorize the commission to establish and administer a political reform education program as an alternative to an administrative proceeding, as specified. The bill would establish eligibility requirements for the political reform education program, including that the person has little or no experience with the act and that the violation resulted in minimal or no public harm. If a person meets the requirements to participate in the political reform education program and completes the program, this bill would exempt the person from administrative, civil, or criminal penalties for the applicable violation of the Political Reform Act of 1974, as specified. The bill would authorize the commission to impose additional eligibility requirements for participation in the program. The bill would authorize the commission to charge a fee to program participants in an amount not to exceed the reasonable cost to administer the political reform education program. The bill would require the fee be paid to the General Fund. The bill would express the intent of the Legislature to appropriate funds annually to the commission to administer the political reform education program. The bill would prohibit a filing officer from imposing the $10 per day liability if the person who filed the late report or statement was unable to timely file due to serious illness or hospitalization or if the person completes the political reform education program, as specified.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.This bill would declare that it is to take effect immediately as an urgency statute. |
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| 22 | 33 | | |
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| 23 | 34 | | The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. Under existing law, the Fair Political Practices Commission has primary responsibility for the impartial, effective administration and implementation of the Political Reform Act of 1974. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. Under existing law, a person who files an original statement or report after a deadline imposed by the Political Reform Act of 1974 is liable in the amount of $10 per day after the deadline until the statement or report is filed, as specified. Existing law authorizes a filing officer to not impose this liability if the officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except as specified. Existing regulation directs the commission to develop a diversion program to allow for the education of a person who commits a minor violation of the act, as specified. |
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| 24 | 35 | | |
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| 25 | 36 | | This bill would authorize the commission to establish and administer a political reform education program as an alternative to an administrative proceeding, as specified. The bill would establish eligibility requirements for the political reform education program, including that the person has little or no experience with the act and that the violation resulted in minimal or no public harm. If a person meets the requirements to participate in the political reform education program and completes the program, this bill would exempt the person from administrative, civil, or criminal penalties for the applicable violation of the Political Reform Act of 1974, as specified. The bill would authorize the commission to impose additional eligibility requirements for participation in the program. The bill would authorize the commission to charge a fee to program participants in an amount not to exceed the reasonable cost to administer the political reform education program. The bill would require the fee be paid to the General Fund. The bill would express the intent of the Legislature to appropriate funds annually to the commission to administer the political reform education program. The bill would prohibit a filing officer from imposing the $10 per day liability if the person who filed the late report or statement was unable to timely file due to serious illness or hospitalization or if the person completes the political reform education program, as specified. |
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| 26 | 37 | | |
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| 27 | 38 | | The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements. |
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| 28 | 39 | | |
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| 29 | 40 | | This bill would declare that it furthers the purposes of the act. |
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| 30 | 41 | | |
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| 31 | 42 | | This bill would declare that it is to take effect immediately as an urgency statute. |
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| 32 | 43 | | |
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| 33 | 44 | | ## Digest Key |
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| 34 | 45 | | |
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| 35 | 46 | | ## Bill Text |
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| 36 | 47 | | |
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| 37 | 48 | | The people of the State of California do enact as follows:SECTION 1. Section 83116.7 is added to the Government Code, to read:83116.7. (a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for persons who violate this title subject to the limitations in this section and other limitations imposed by the Commission.(b) (1) Requirements for eligibility in the political reform education program include, but are not limited to, all of the following:(A) The person has little or no experience with the section of this title that the person violated.(B) The underlying violation resulted in minimal or no public harm.(C) The person has not been ordered to pay a penalty for the same type of violation in the previous five years.(D) There is no evidence of an intent to violate this title or to conceal a violation of this title.(2) The Commission may impose additional eligibility requirements for participation in the political reform education program.(c) (1) If a person meets the requirements to participate in the political reform education program specified by the Commission and completes the program, the person shall not be subject to administrative, civil, or criminal penalties under this title for that same violation and it shall not be deemed a prior violation of this title in any subsequent proceeding against the person.(2) If a person fails to complete the political reform education program specified by the Commission, the Commission may pursue an administrative action for that violation.(d) To offset the costs to the state of the political reform education program, the Commission may charge a fee to a person who participates in the political reform education program that shall not exceed the reasonable cost to the Commission to administer the political reform education program. The fee shall be payable to the General Fund.(e) It is the intent of the Legislature that funds be appropriated annually to the Commission to administer the political reform education program. This funding shall not supplant or offset funding appropriated to the Commission to discharge its other duties under the Political Reform Act of 1974.SEC. 2. Section 91013 of the Government Code is amended to read:91013. (a) (1) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is filed, to the officer with whom the statement or report is required to be filed.(2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall not be waived pursuant to this paragraph if a statement or report is not filed within 30 days for a statement of economic interest, other than a candidates statement filed pursuant to Section 87201, 5 days for a campaign statement required to be filed 12 days before an election, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement.(3) Liability shall not be enforced by the filing officer if the person who filed the late statement or report was unable to timely file the statement or report due to serious illness or hospitalization.(4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(b) If any person files a copy of a statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this chapter, be liable in the amount of ten dollars ($10) per day, starting 10 days, or 5 days in the case of a campaign statement required to be filed 12 days before an election, after the officer has sent specific written notice of the filing requirement and until the statement is filed. Liability shall not be enforced by the filing officer in either of the following circumstances:(1) The person who filed the late copy of the statement or report was unable to timely file the copy of the statement or report due to serious illness or hospitalization.(2) The person who filed the late copy of the statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(c) The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer. Liability under this section shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars ($100), whichever is greater.SEC. 3. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.SEC. 4. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to allow the Fair Political Practices Commission to commence administration of the full political reform education program as soon as possible, it is necessary that this act take effect immediately. |
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| 38 | 49 | | |
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| 39 | 50 | | The people of the State of California do enact as follows: |
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| 40 | 51 | | |
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| 41 | 52 | | ## The people of the State of California do enact as follows: |
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| 42 | 53 | | |
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| 43 | 54 | | SECTION 1. Section 83116.7 is added to the Government Code, to read:83116.7. (a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for persons who violate this title subject to the limitations in this section and other limitations imposed by the Commission.(b) (1) Requirements for eligibility in the political reform education program include, but are not limited to, all of the following:(A) The person has little or no experience with the section of this title that the person violated.(B) The underlying violation resulted in minimal or no public harm.(C) The person has not been ordered to pay a penalty for the same type of violation in the previous five years.(D) There is no evidence of an intent to violate this title or to conceal a violation of this title.(2) The Commission may impose additional eligibility requirements for participation in the political reform education program.(c) (1) If a person meets the requirements to participate in the political reform education program specified by the Commission and completes the program, the person shall not be subject to administrative, civil, or criminal penalties under this title for that same violation and it shall not be deemed a prior violation of this title in any subsequent proceeding against the person.(2) If a person fails to complete the political reform education program specified by the Commission, the Commission may pursue an administrative action for that violation.(d) To offset the costs to the state of the political reform education program, the Commission may charge a fee to a person who participates in the political reform education program that shall not exceed the reasonable cost to the Commission to administer the political reform education program. The fee shall be payable to the General Fund.(e) It is the intent of the Legislature that funds be appropriated annually to the Commission to administer the political reform education program. This funding shall not supplant or offset funding appropriated to the Commission to discharge its other duties under the Political Reform Act of 1974. |
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| 44 | 55 | | |
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| 45 | 56 | | SECTION 1. Section 83116.7 is added to the Government Code, to read: |
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| 46 | 57 | | |
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| 47 | 58 | | ### SECTION 1. |
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| 48 | 59 | | |
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| 49 | 60 | | 83116.7. (a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for persons who violate this title subject to the limitations in this section and other limitations imposed by the Commission.(b) (1) Requirements for eligibility in the political reform education program include, but are not limited to, all of the following:(A) The person has little or no experience with the section of this title that the person violated.(B) The underlying violation resulted in minimal or no public harm.(C) The person has not been ordered to pay a penalty for the same type of violation in the previous five years.(D) There is no evidence of an intent to violate this title or to conceal a violation of this title.(2) The Commission may impose additional eligibility requirements for participation in the political reform education program.(c) (1) If a person meets the requirements to participate in the political reform education program specified by the Commission and completes the program, the person shall not be subject to administrative, civil, or criminal penalties under this title for that same violation and it shall not be deemed a prior violation of this title in any subsequent proceeding against the person.(2) If a person fails to complete the political reform education program specified by the Commission, the Commission may pursue an administrative action for that violation.(d) To offset the costs to the state of the political reform education program, the Commission may charge a fee to a person who participates in the political reform education program that shall not exceed the reasonable cost to the Commission to administer the political reform education program. The fee shall be payable to the General Fund.(e) It is the intent of the Legislature that funds be appropriated annually to the Commission to administer the political reform education program. This funding shall not supplant or offset funding appropriated to the Commission to discharge its other duties under the Political Reform Act of 1974. |
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| 50 | 61 | | |
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| 51 | 62 | | 83116.7. (a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for persons who violate this title subject to the limitations in this section and other limitations imposed by the Commission.(b) (1) Requirements for eligibility in the political reform education program include, but are not limited to, all of the following:(A) The person has little or no experience with the section of this title that the person violated.(B) The underlying violation resulted in minimal or no public harm.(C) The person has not been ordered to pay a penalty for the same type of violation in the previous five years.(D) There is no evidence of an intent to violate this title or to conceal a violation of this title.(2) The Commission may impose additional eligibility requirements for participation in the political reform education program.(c) (1) If a person meets the requirements to participate in the political reform education program specified by the Commission and completes the program, the person shall not be subject to administrative, civil, or criminal penalties under this title for that same violation and it shall not be deemed a prior violation of this title in any subsequent proceeding against the person.(2) If a person fails to complete the political reform education program specified by the Commission, the Commission may pursue an administrative action for that violation.(d) To offset the costs to the state of the political reform education program, the Commission may charge a fee to a person who participates in the political reform education program that shall not exceed the reasonable cost to the Commission to administer the political reform education program. The fee shall be payable to the General Fund.(e) It is the intent of the Legislature that funds be appropriated annually to the Commission to administer the political reform education program. This funding shall not supplant or offset funding appropriated to the Commission to discharge its other duties under the Political Reform Act of 1974. |
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| 52 | 63 | | |
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| 53 | 64 | | 83116.7. (a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for persons who violate this title subject to the limitations in this section and other limitations imposed by the Commission.(b) (1) Requirements for eligibility in the political reform education program include, but are not limited to, all of the following:(A) The person has little or no experience with the section of this title that the person violated.(B) The underlying violation resulted in minimal or no public harm.(C) The person has not been ordered to pay a penalty for the same type of violation in the previous five years.(D) There is no evidence of an intent to violate this title or to conceal a violation of this title.(2) The Commission may impose additional eligibility requirements for participation in the political reform education program.(c) (1) If a person meets the requirements to participate in the political reform education program specified by the Commission and completes the program, the person shall not be subject to administrative, civil, or criminal penalties under this title for that same violation and it shall not be deemed a prior violation of this title in any subsequent proceeding against the person.(2) If a person fails to complete the political reform education program specified by the Commission, the Commission may pursue an administrative action for that violation.(d) To offset the costs to the state of the political reform education program, the Commission may charge a fee to a person who participates in the political reform education program that shall not exceed the reasonable cost to the Commission to administer the political reform education program. The fee shall be payable to the General Fund.(e) It is the intent of the Legislature that funds be appropriated annually to the Commission to administer the political reform education program. This funding shall not supplant or offset funding appropriated to the Commission to discharge its other duties under the Political Reform Act of 1974. |
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| 54 | 65 | | |
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| 55 | 66 | | |
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| 56 | 67 | | |
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| 57 | 68 | | 83116.7. (a) As an alternative to an administrative proceeding under this chapter, the Commission may establish and administer a political reform education program for persons who violate this title subject to the limitations in this section and other limitations imposed by the Commission. |
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| 58 | 69 | | |
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| 59 | 70 | | (b) (1) Requirements for eligibility in the political reform education program include, but are not limited to, all of the following: |
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| 60 | 71 | | |
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| 61 | 72 | | (A) The person has little or no experience with the section of this title that the person violated. |
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| 62 | 73 | | |
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| 63 | 74 | | (B) The underlying violation resulted in minimal or no public harm. |
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| 64 | 75 | | |
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| 65 | 76 | | (C) The person has not been ordered to pay a penalty for the same type of violation in the previous five years. |
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| 66 | 77 | | |
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| 67 | 78 | | (D) There is no evidence of an intent to violate this title or to conceal a violation of this title. |
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| 68 | 79 | | |
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| 69 | 80 | | (2) The Commission may impose additional eligibility requirements for participation in the political reform education program. |
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| 70 | 81 | | |
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| 71 | 82 | | (c) (1) If a person meets the requirements to participate in the political reform education program specified by the Commission and completes the program, the person shall not be subject to administrative, civil, or criminal penalties under this title for that same violation and it shall not be deemed a prior violation of this title in any subsequent proceeding against the person. |
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| 72 | 83 | | |
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| 73 | 84 | | (2) If a person fails to complete the political reform education program specified by the Commission, the Commission may pursue an administrative action for that violation. |
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| 74 | 85 | | |
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| 75 | 86 | | (d) To offset the costs to the state of the political reform education program, the Commission may charge a fee to a person who participates in the political reform education program that shall not exceed the reasonable cost to the Commission to administer the political reform education program. The fee shall be payable to the General Fund. |
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| 76 | 87 | | |
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| 77 | 88 | | (e) It is the intent of the Legislature that funds be appropriated annually to the Commission to administer the political reform education program. This funding shall not supplant or offset funding appropriated to the Commission to discharge its other duties under the Political Reform Act of 1974. |
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| 78 | 89 | | |
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| 79 | 90 | | SEC. 2. Section 91013 of the Government Code is amended to read:91013. (a) (1) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is filed, to the officer with whom the statement or report is required to be filed.(2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall not be waived pursuant to this paragraph if a statement or report is not filed within 30 days for a statement of economic interest, other than a candidates statement filed pursuant to Section 87201, 5 days for a campaign statement required to be filed 12 days before an election, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement.(3) Liability shall not be enforced by the filing officer if the person who filed the late statement or report was unable to timely file the statement or report due to serious illness or hospitalization.(4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(b) If any person files a copy of a statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this chapter, be liable in the amount of ten dollars ($10) per day, starting 10 days, or 5 days in the case of a campaign statement required to be filed 12 days before an election, after the officer has sent specific written notice of the filing requirement and until the statement is filed. Liability shall not be enforced by the filing officer in either of the following circumstances:(1) The person who filed the late copy of the statement or report was unable to timely file the copy of the statement or report due to serious illness or hospitalization.(2) The person who filed the late copy of the statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(c) The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer. Liability under this section shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars ($100), whichever is greater. |
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| 80 | 91 | | |
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| 81 | 92 | | SEC. 2. Section 91013 of the Government Code is amended to read: |
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| 82 | 93 | | |
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| 83 | 94 | | ### SEC. 2. |
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| 84 | 95 | | |
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| 85 | 96 | | 91013. (a) (1) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is filed, to the officer with whom the statement or report is required to be filed.(2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall not be waived pursuant to this paragraph if a statement or report is not filed within 30 days for a statement of economic interest, other than a candidates statement filed pursuant to Section 87201, 5 days for a campaign statement required to be filed 12 days before an election, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement.(3) Liability shall not be enforced by the filing officer if the person who filed the late statement or report was unable to timely file the statement or report due to serious illness or hospitalization.(4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(b) If any person files a copy of a statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this chapter, be liable in the amount of ten dollars ($10) per day, starting 10 days, or 5 days in the case of a campaign statement required to be filed 12 days before an election, after the officer has sent specific written notice of the filing requirement and until the statement is filed. Liability shall not be enforced by the filing officer in either of the following circumstances:(1) The person who filed the late copy of the statement or report was unable to timely file the copy of the statement or report due to serious illness or hospitalization.(2) The person who filed the late copy of the statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(c) The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer. Liability under this section shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars ($100), whichever is greater. |
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| 86 | 97 | | |
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| 87 | 98 | | 91013. (a) (1) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is filed, to the officer with whom the statement or report is required to be filed.(2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall not be waived pursuant to this paragraph if a statement or report is not filed within 30 days for a statement of economic interest, other than a candidates statement filed pursuant to Section 87201, 5 days for a campaign statement required to be filed 12 days before an election, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement.(3) Liability shall not be enforced by the filing officer if the person who filed the late statement or report was unable to timely file the statement or report due to serious illness or hospitalization.(4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(b) If any person files a copy of a statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this chapter, be liable in the amount of ten dollars ($10) per day, starting 10 days, or 5 days in the case of a campaign statement required to be filed 12 days before an election, after the officer has sent specific written notice of the filing requirement and until the statement is filed. Liability shall not be enforced by the filing officer in either of the following circumstances:(1) The person who filed the late copy of the statement or report was unable to timely file the copy of the statement or report due to serious illness or hospitalization.(2) The person who filed the late copy of the statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(c) The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer. Liability under this section shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars ($100), whichever is greater. |
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| 88 | 99 | | |
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| 89 | 100 | | 91013. (a) (1) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is filed, to the officer with whom the statement or report is required to be filed.(2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall not be waived pursuant to this paragraph if a statement or report is not filed within 30 days for a statement of economic interest, other than a candidates statement filed pursuant to Section 87201, 5 days for a campaign statement required to be filed 12 days before an election, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement.(3) Liability shall not be enforced by the filing officer if the person who filed the late statement or report was unable to timely file the statement or report due to serious illness or hospitalization.(4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(b) If any person files a copy of a statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this chapter, be liable in the amount of ten dollars ($10) per day, starting 10 days, or 5 days in the case of a campaign statement required to be filed 12 days before an election, after the officer has sent specific written notice of the filing requirement and until the statement is filed. Liability shall not be enforced by the filing officer in either of the following circumstances:(1) The person who filed the late copy of the statement or report was unable to timely file the copy of the statement or report due to serious illness or hospitalization.(2) The person who filed the late copy of the statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.(c) The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer. Liability under this section shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars ($100), whichever is greater. |
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| 90 | 101 | | |
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| 91 | 102 | | |
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| 92 | 103 | | |
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| 93 | 104 | | 91013. (a) (1) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is filed, to the officer with whom the statement or report is required to be filed. |
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| 94 | 105 | | |
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| 95 | 106 | | (2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall not be waived pursuant to this paragraph if a statement or report is not filed within 30 days for a statement of economic interest, other than a candidates statement filed pursuant to Section 87201, 5 days for a campaign statement required to be filed 12 days before an election, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement. |
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| 96 | 107 | | |
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| 97 | 108 | | (3) Liability shall not be enforced by the filing officer if the person who filed the late statement or report was unable to timely file the statement or report due to serious illness or hospitalization. |
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| 98 | 109 | | |
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| 99 | 110 | | (4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation. |
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| 100 | 111 | | |
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| 101 | 112 | | (b) If any person files a copy of a statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this chapter, be liable in the amount of ten dollars ($10) per day, starting 10 days, or 5 days in the case of a campaign statement required to be filed 12 days before an election, after the officer has sent specific written notice of the filing requirement and until the statement is filed. Liability shall not be enforced by the filing officer in either of the following circumstances: |
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| 102 | 113 | | |
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| 103 | 114 | | (1) The person who filed the late copy of the statement or report was unable to timely file the copy of the statement or report due to serious illness or hospitalization. |
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| 104 | 115 | | |
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| 105 | 116 | | (2) The person who filed the late copy of the statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation. |
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| 106 | 117 | | |
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| 107 | 118 | | (c) The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer. Liability under this section shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars ($100), whichever is greater. |
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| 108 | 119 | | |
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| 109 | 120 | | SEC. 3. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. |
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| 110 | 121 | | |
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| 111 | 122 | | SEC. 3. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. |
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| 112 | 123 | | |
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| 113 | 124 | | SEC. 3. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. |
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| 114 | 125 | | |
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| 115 | 126 | | ### SEC. 3. |
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| 116 | 127 | | |
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| 117 | 128 | | SEC. 4. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to allow the Fair Political Practices Commission to commence administration of the full political reform education program as soon as possible, it is necessary that this act take effect immediately. |
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| 118 | 129 | | |
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| 119 | 130 | | SEC. 4. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to allow the Fair Political Practices Commission to commence administration of the full political reform education program as soon as possible, it is necessary that this act take effect immediately. |
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| 120 | 131 | | |
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| 121 | 132 | | SEC. 4. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are: |
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| 122 | 133 | | |
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| 123 | 134 | | ### SEC. 4. |
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| 124 | 135 | | |
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| 125 | 136 | | In order to allow the Fair Political Practices Commission to commence administration of the full political reform education program as soon as possible, it is necessary that this act take effect immediately. |
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