Today's Law As Amended


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SB-1483 The Political Reform Act of 1974: Fair Political Practices Commission: political reform education program.(2021-2022)



As Amends the Law Today


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 complete the political reform education program specified by the commission, the commission shall not pursue an administrative action for that same violation and it shall not be deemed a prior violation of this title in any subsequent administrative proceeding against the person.
(2) If a person fails to meet the requirements 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 Act.

SEC. 2.

 Section 91013 of the Government Code is amended to read:

91013.
 (a) (1) Except as provided in paragraphs paragraph  (2) to (4), or (3),  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 candidate’s 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. completes the political reform education program pursuant to Section 83116.7 for that late filing violation. 
(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: if 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. 
(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.