SB 29: 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.