Bill Text: CA AB2990 | 2023-2024 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: Investigation and Complaint Resolutions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2990 Detail]
Download: California-2023-AB2990-Amended.html
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Amended
IN
Assembly
April 15, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2990
| Introduced by Assembly Member Low |
February 16, 2024 |
An act to amend Section 91000.5 of, and to add Section 91011.5 to, the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 2990, as amended, Low.
Political Reform Act of 1974: Investigation and Complaint Resolutions.
Existing law requires the Fair Political Practices Commission to bring an administrative action alleging violations of the Political Reform Act of 1974 within five years after the date on which the violation occurred.
This
For violations that occurred on or after January 1, 2025, this bill would instead require the Fair Political Practices Commission to bring such an administrative action within the lesser of five years after the date on which the violation occurred or two years after specified
events triggering an investigation.
Existing law contains various statutes of limitations for civil prosecutions of violations of the Political Reform Act of 1974.
Notwithstanding any other law, for violations that occurred on or after January 1, 2025, this bill would require the Fair Political Practices Commission to bring civil actions within two years of specified events triggering an investigation.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s 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.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 91000.5 of the Government Code is amended to read:91000.5.
(a) The commission shall not bring an administrative action pursuant to Chapter 3 (commencing with Section 83100) alleging a violation of any of the provisions of this title more than five years after the date on which the violation occurred or more than two years after any of the following events, whichever period is less: (1) The commission receives a sworn complaint pursuant to Section 83115, an audit report pursuant to Chapter 10 of this title, or a referral.
(2) The commission commences an investigation on its own accord.
(b) The service of the probable
cause hearing notice, as required by Section 83115.5, upon the person alleged to have violated this title shall constitute the commencement of the administrative action.
(c) If the person alleged to have violated this title engages in the fraudulent concealment of the person’s acts or identity, the five-year period shall be tolled for the period of the concealment. For purposes of this subdivision, “fraudulent concealment” means the person knows of material facts related to the person’s duties under this title and knowingly conceals them in performing or omitting to perform those duties, for the purpose of defrauding the
public of information to which it is entitled under this title.
(d) If, upon being ordered by a superior court to produce any documents sought by a subpoena in any administrative proceeding under Chapter 3 (commencing with Section 83100), the person alleged to have violated this title fails to produce documents in response to the order by the date ordered to comply therewith, the five-year period shall be tolled for the period of the delay from the date of filing of the motion to compel until the date the documents are produced.
(e) The two year period described in subdivision (a) applies only to violations that occurred on or after January 1, 2025.
SEC. 2.
Section 91011.5 is added to the Government Code, to read:91011.5.
Notwithstanding any other law, the commission shall not file a civil action alleging a violation of this title more than two years after either of the following events:(a) The commission receives a sworn complaint pursuant to Section 83115, an audit report pursuant to Chapter 10 of this title, or a referral.
(b) The commission commences an investigation on its own accord.
(c) This section applies only to violations that occurred on or after January 1, 2025.
