California Government Code 83116.7 – (a) As an alternative to an administrative proceeding under this …
(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:
Terms Used In California Government Code 83116.7
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
(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.
(Added by Stats. 2023, Ch. 696, Sec. 1. (SB 29) Effective October 10, 2023.)