91000. (a) Any person who knowingly or willfully violates any
provision of this title is guilty of a misdemeanor.
(b) In addition to other penalties provided by law, a fine of up
to the greater of ten thousand dollars ($10,000) or three times the
amount the person failed to report properly or unlawfully
contributed, expended, gave or received may be imposed upon
conviction for each violation.
(c) Prosecution for violation of this title must be commenced
within four years after the date on which the violation occurred.
91000.5. No administrative action brought pursuant to Chapter 3
(commencing with Section 83100) alleging a violation of any of the
provisions of this title shall be commenced more than five years
after the date on which the violation occurred.
(a) 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.
(b) If the person alleged to have violated this title engages in
the fraudulent concealment of his or her 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 his or her 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.
(c) 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.
91001. (a) The Attorney General is responsible for enforcing the
criminal provisions of this title with respect to state agencies,
lobbyists and state elections. The district attorney of any county in
which a violation occurs has concurrent powers and responsibilities
with the Attorney General.
(b) The civil prosecutor is primarily responsible for enforcement
of the civil penalties and remedies of this title. The civil
prosecutor is the commission with respect to the state or any state
agency, except itself. The Attorney General is the civil prosecutor
with respect to the commission. The district attorneys are the civil
prosecutors with respect to any other agency. The civil prosecutor
may bring any civil action under this title which could be brought by
a voter or resident of the jurisdiction. Upon written authorization
from a district attorney, the commission may bring any civil action
under this title which could be brought by a voter or resident of the
jurisdiction. Under such circumstances, Section 91007 shall not
apply to the commission.
(c) Whether or not a violation is inadvertent, negligent or
deliberate, and the presence or absence of good faith shall be
considered in applying the remedies and sanctions of this title.
91001.5. In any case in which a district attorney could act as the
civil or criminal prosecutor under the provisions of this title, the
elected city attorney of any charter city may act as the civil or
criminal prosecutor with respect to any violations of this title
occurring within the city.
91002. No person convicted of a misdemeanor under this title shall
be a candidate for any elective office or act as a lobbyist for a
period of four years following the date of the conviction unless the
court at the time of sentencing specifically determines that this
provision shall not be applicable. A plea of nolo contendere shall be
deemed a conviction for purposes of this section. Any person
violating this section is guilty of a felony.
91003. (a) Any person residing in the jurisdiction may sue for
injunctive relief to enjoin violations or to compel compliance with
the provisions of this title. The court may in its discretion require
any plaintiff other than the commission to file a complaint with the
commission prior to seeking injunctive relief. The court may award
to a plaintiff or defendant who prevails his costs of litigation,
including reasonable attorney's fees.
(b) Upon a preliminary showing in an action brought by a person
residing in the jurisdiction that a violation of Article 1
(commencing with Section 87100), Article 4 (commencing with Section
87400), or Article 4.5 (commencing with Section 87450) of Chapter 7
of this title or of a disqualification provision of a Conflict of
Interest Code has occurred, the court may restrain the execution of
any official action in relation to which such a violation occurred,
pending final adjudication. If it is ultimately determined that a
violation has occurred and that the official action might not
otherwise have been taken or approved, the court may set the official
action aside as void. The official actions covered by this
subsection include, but are not limited to orders, permits,
resolutions and contracts, but do not include the enactment of any
state legislation. In considering the granting of preliminary or
permanent relief under this subsection, the court shall accord due
weight to any injury that may be suffered by innocent persons relying
on the official action.
91003.5. Any person who violates a provision of Article 2
(commencing with Section 87200), 3 (commencing with Section 87300),
or 4.5 (commencing with Section 87450) of Chapter 7 is subject to
discipline by his or her agency, including dismissal, consistent with
any applicable civil service or other personnel laws, regulations,
and procedures.
91004. Any person who intentionally or negligently violates any of
the reporting requirements of this title shall be liable in a civil
action brought by the civil prosecutor or by a person residing within
the jurisdiction for an amount not more than the amount or value not
properly reported.
91005. (a) Any person who makes or receives a contribution, gift,
or expenditure in violation of Section 84300, 84304, 86203, or 86204
is liable in a civil action brought by the civil prosecutor or by a
person residing within the jurisdiction for an amount up to one
thousand dollars ($1,000) or three times the amount of the unlawful
contribution, gift, or expenditure, whichever amount is greater.
(b) Any designated employee or public official specified in
Section 87200, except an elected state officer, who realizes an
economic benefit as a result of a violation of Section 87100 or of a
disqualification provision of a conflict of interest code is liable
in a civil action brought by the civil prosecutor or by a person
residing within the jurisdiction for an amount up to three times the
value of the benefit.
91005.5. Any person who violates any provision of this title,
except Sections 84305, 84307, and 89001, for which no specific civil
penalty is provided, shall be liable in a civil action brought by the
commission or the district attorney pursuant to subdivision (b) of
Section 91001, or the elected city attorney pursuant to Section
91001.5, for an amount up to five thousand dollars ($5,000) per
violation.
No civil action alleging a violation of this title may be filed
against a person pursuant to this section if the criminal prosecutor
is maintaining a criminal action against that person pursuant to
Section 91000.
The provisions of this section shall be applicable only as to
violations occurring after the effective date of this section.
91006. If two or more persons are responsible for any violation,
they shall be jointly and severally liable.
91007. (a) Any person, before filing a civil action pursuant to
Sections 91004 and 91005, must first file with the civil prosecutor a
written request for the civil prosecutor to commence the action. The
request shall include a statement of the grounds for believing a
cause of action exists. The civil prosecutor shall respond to the
person in writing, indicating whether he or she intends to file a
civil action.
(1) If the civil prosecutor responds in the affirmative and files
suit within 120 days from receipt of the written request to commence
the action, no other action may be brought unless the action brought
by the civil prosecutor is dismissed without prejudice as provided
for in Section 91008.
(2) If the civil prosecutor responds in the negative within 120
days from receipt of the written request to commence the action, the
person requesting the action may proceed to file a civil action upon
receipt of the response from the civil prosecutor. If, pursuant to
this subdivision, the civil prosecutor does not respond within 120
days, the civil prosecutor shall be deemed to have provided a
negative written response to the person requesting the action on the
120th day and the person shall be deemed to have received that
response.
(3) The time period within which a civil action shall be
commenced, as set forth in Section 91011, shall be tolled from the
date of receipt by the civil prosecutor of the written request to
either the date that the civil action is dismissed without prejudice
or the date of receipt by the person of the negative response from
the civil prosecutor, but only for a civil action brought by the
person who requested the civil prosecutor to commence the action.
(b) Any person filing a complaint, cross-complaint, or other
initial pleading in a civil action pursuant to Section 91003, 91004,
91005, or 91005.5 shall, within 10 days of filing the complaint,
cross-complaint, or initial pleading, serve on the commission a copy
of the complaint, cross-complaint, or initial pleading or a notice
containing all of the following:
(1) The full title and number of the case.
(2) The court in which the case is pending.
(3) The name and address of the attorney for the person filing the
complaint, cross-complaint, or other initial pleading.
(4) A statement that the case raises issues under the Political
Reform Act of 1974.
(c) No complaint, cross-complaint, or other initial pleading shall
be dismissed for failure to comply with subdivision (b).
91008. Not more than one judgment on the merits with respect to any
violation may be obtained under Sections 91004 and 91005. Actions
brought for the same violation or violations shall have precedence
for purposes of trial in order of the time filed. Such actions shall
be dismissed once judgment has been entered or a settlement approved
by the court in a previously filed action. The court may dismiss a
pending action without prejudice to any other action for failure of
the plaintiff to proceed diligently and in good faith. The action may
be so dismissed on motion of the civil prosecutor or any plaintiff
in an action based on the same violation.
91008.5. No civil action may be filed under Section 91004, 91005,
or 91005.5 with regard to any person for any violations of this title
after the commission has issued an order pursuant to Section 83116
against that person for the same violation.
91009. In determining the amount of liability under Sections 91004
or 91005, the court may take into account the seriousness of the
violation and the degree of culpability of the defendant. If a
judgment is entered against the defendant or defendants in an action
brought under Section 91004 or 91005, the plaintiff shall receive
fifty percent of the amount recovered. The remaining fifty percent
shall be deposited in the General Fund of the state. In an action
brought by the civil prosecutor, the entire amount recovered shall be
paid to the general fund or treasury of the jurisdiction.
91010. No request to the civil prosecutor pursuant to Section 91007
shall be made or filed in connection with a report or statement
required by Chapter 4 (commencing with Section 84100) until the time
when an audit and investigation could be begun under subdivision (c)
of Section 90002.
91011. (a) No civil action alleging a violation in connection with
a report or statement required by Chapter 4 (commencing with Section
84100) shall be filed more than four years after an audit could begin
as set forth in subdivision (c) of Section 90002, or more than one
year after the Franchise Tax Board forwards its report to the
commission, pursuant to Section 90004, of any audit conducted of the
alleged violator, whichever period is less.
(b) No civil action alleging a violation of any provisions of this
title, other than those described in subdivision (a), shall be filed
more than four years after the date the violation occurred.
91012. The court may award to a plaintiff or defendant other than
an agency, who prevails in any action authorized by this title his
costs of litigation, including reasonable attorney's fees. On motion
of any party, a court shall require a private plaintiff to post a
bond in a reasonable amount at any stage of the litigation to
guarantee payment of costs.
91013. (a) If any person files an original statement or report
after any deadline imposed by this act, he or she 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. Liability need not be
enforced by the filing officer if on an impartial basis he or she
determines that the late filing was not willful and that enforcement
of the liability will not further the purposes of the act, except
that no liability shall be waived 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, five 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.
(b) If any person files a copy of a statement or report after any
deadline imposed by this act, he or she 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 five
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.
(c) The officer shall deposit any funds received under this
section into the general fund of the jurisdiction of which he or she
is an officer. No liability under this section shall exceed the
cumulative amount stated in the late statement or report, or one
hundred dollars ($100), whichever is greater.
91013.5. (a) In addition to any other available remedies, the
commission or the filing officer may bring a civil action and obtain
a judgment in superior court for the purpose of collecting any unpaid
monetary penalties, fees, or civil penalties imposed pursuant to
this title. The action may be filed as a small claims, limited civil,
or unlimited civil case, depending on the jurisdictional amount. The
venue for this action shall be in the county where the monetary
penalties, fees, or civil penalties were imposed by the commission or
the filing officer. In order to obtain a judgment in a proceeding
under this section, the commission or filing officer shall show,
following the procedures and rules of evidence as applied in ordinary
civil actions, all of the following:
(1) That the monetary penalties, fees, or civil penalties were
imposed following the procedures set forth in this title and
implementing regulations.
(2) That the defendant or defendants in the action were notified,
by actual or constructive notice, of the imposition of the monetary
penalties, fees, or civil penalties.
(3) That a demand for payment has been made by the commission or
the filing officer and full payment has not been received.
(b) A civil action brought pursuant to subdivision (a) shall be
commenced within four years after the date on which the monetary
penalty, fee, or civil penalty was imposed.
91014. Nothing in this chapter shall exempt any person from
applicable provisions of any other laws of this state.
91000. (a) Any person who knowingly or willfully violates any
provision of this title is guilty of a misdemeanor.
(b) In addition to other penalties provided by law, a fine of up
to the greater of ten thousand dollars ($10,000) or three times the
amount the person failed to report properly or unlawfully
contributed, expended, gave or received may be imposed upon
conviction for each violation.
(c) Prosecution for violation of this title must be commenced
within four years after the date on which the violation occurred.
91000.5. No administrative action brought pursuant to Chapter 3
(commencing with Section 83100) alleging a violation of any of the
provisions of this title shall be commenced more than five years
after the date on which the violation occurred.
(a) 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.
(b) If the person alleged to have violated this title engages in
the fraudulent concealment of his or her 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 his or her 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.
(c) 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.
91001. (a) The Attorney General is responsible for enforcing the
criminal provisions of this title with respect to state agencies,
lobbyists and state elections. The district attorney of any county in
which a violation occurs has concurrent powers and responsibilities
with the Attorney General.
(b) The civil prosecutor is primarily responsible for enforcement
of the civil penalties and remedies of this title. The civil
prosecutor is the commission with respect to the state or any state
agency, except itself. The Attorney General is the civil prosecutor
with respect to the commission. The district attorneys are the civil
prosecutors with respect to any other agency. The civil prosecutor
may bring any civil action under this title which could be brought by
a voter or resident of the jurisdiction. Upon written authorization
from a district attorney, the commission may bring any civil action
under this title which could be brought by a voter or resident of the
jurisdiction. Under such circumstances, Section 91007 shall not
apply to the commission.
(c) Whether or not a violation is inadvertent, negligent or
deliberate, and the presence or absence of good faith shall be
considered in applying the remedies and sanctions of this title.
91001.5. In any case in which a district attorney could act as the
civil or criminal prosecutor under the provisions of this title, the
elected city attorney of any charter city may act as the civil or
criminal prosecutor with respect to any violations of this title
occurring within the city.
91002. No person convicted of a misdemeanor under this title shall
be a candidate for any elective office or act as a lobbyist for a
period of four years following the date of the conviction unless the
court at the time of sentencing specifically determines that this
provision shall not be applicable. A plea of nolo contendere shall be
deemed a conviction for purposes of this section. Any person
violating this section is guilty of a felony.
91003. (a) Any person residing in the jurisdiction may sue for
injunctive relief to enjoin violations or to compel compliance with
the provisions of this title. The court may in its discretion require
any plaintiff other than the commission to file a complaint with the
commission prior to seeking injunctive relief. The court may award
to a plaintiff or defendant who prevails his costs of litigation,
including reasonable attorney's fees.
(b) Upon a preliminary showing in an action brought by a person
residing in the jurisdiction that a violation of Article 1
(commencing with Section 87100), Article 4 (commencing with Section
87400), or Article 4.5 (commencing with Section 87450) of Chapter 7
of this title or of a disqualification provision of a Conflict of
Interest Code has occurred, the court may restrain the execution of
any official action in relation to which such a violation occurred,
pending final adjudication. If it is ultimately determined that a
violation has occurred and that the official action might not
otherwise have been taken or approved, the court may set the official
action aside as void. The official actions covered by this
subsection include, but are not limited to orders, permits,
resolutions and contracts, but do not include the enactment of any
state legislation. In considering the granting of preliminary or
permanent relief under this subsection, the court shall accord due
weight to any injury that may be suffered by innocent persons relying
on the official action.
91003.5. Any person who violates a provision of Article 2
(commencing with Section 87200), 3 (commencing with Section 87300),
or 4.5 (commencing with Section 87450) of Chapter 7 is subject to
discipline by his or her agency, including dismissal, consistent with
any applicable civil service or other personnel laws, regulations,
and procedures.
91004. Any person who intentionally or negligently violates any of
the reporting requirements of this title shall be liable in a civil
action brought by the civil prosecutor or by a person residing within
the jurisdiction for an amount not more than the amount or value not
properly reported.
91005. (a) Any person who makes or receives a contribution, gift,
or expenditure in violation of Section 84300, 84304, 86203, or 86204
is liable in a civil action brought by the civil prosecutor or by a
person residing within the jurisdiction for an amount up to one
thousand dollars ($1,000) or three times the amount of the unlawful
contribution, gift, or expenditure, whichever amount is greater.
(b) Any designated employee or public official specified in
Section 87200, except an elected state officer, who realizes an
economic benefit as a result of a violation of Section 87100 or of a
disqualification provision of a conflict of interest code is liable
in a civil action brought by the civil prosecutor or by a person
residing within the jurisdiction for an amount up to three times the
value of the benefit.
91005.5. Any person who violates any provision of this title,
except Sections 84305, 84307, and 89001, for which no specific civil
penalty is provided, shall be liable in a civil action brought by the
commission or the district attorney pursuant to subdivision (b) of
Section 91001, or the elected city attorney pursuant to Section
91001.5, for an amount up to five thousand dollars ($5,000) per
violation.
No civil action alleging a violation of this title may be filed
against a person pursuant to this section if the criminal prosecutor
is maintaining a criminal action against that person pursuant to
Section 91000.
The provisions of this section shall be applicable only as to
violations occurring after the effective date of this section.
91006. If two or more persons are responsible for any violation,
they shall be jointly and severally liable.
91007. (a) Any person, before filing a civil action pursuant to
Sections 91004 and 91005, must first file with the civil prosecutor a
written request for the civil prosecutor to commence the action. The
request shall include a statement of the grounds for believing a
cause of action exists. The civil prosecutor shall respond to the
person in writing, indicating whether he or she intends to file a
civil action.
(1) If the civil prosecutor responds in the affirmative and files
suit within 120 days from receipt of the written request to commence
the action, no other action may be brought unless the action brought
by the civil prosecutor is dismissed without prejudice as provided
for in Section 91008.
(2) If the civil prosecutor responds in the negative within 120
days from receipt of the written request to commence the action, the
person requesting the action may proceed to file a civil action upon
receipt of the response from the civil prosecutor. If, pursuant to
this subdivision, the civil prosecutor does not respond within 120
days, the civil prosecutor shall be deemed to have provided a
negative written response to the person requesting the action on the
120th day and the person shall be deemed to have received that
response.
(3) The time period within which a civil action shall be
commenced, as set forth in Section 91011, shall be tolled from the
date of receipt by the civil prosecutor of the written request to
either the date that the civil action is dismissed without prejudice
or the date of receipt by the person of the negative response from
the civil prosecutor, but only for a civil action brought by the
person who requested the civil prosecutor to commence the action.
(b) Any person filing a complaint, cross-complaint, or other
initial pleading in a civil action pursuant to Section 91003, 91004,
91005, or 91005.5 shall, within 10 days of filing the complaint,
cross-complaint, or initial pleading, serve on the commission a copy
of the complaint, cross-complaint, or initial pleading or a notice
containing all of the following:
(1) The full title and number of the case.
(2) The court in which the case is pending.
(3) The name and address of the attorney for the person filing the
complaint, cross-complaint, or other initial pleading.
(4) A statement that the case raises issues under the Political
Reform Act of 1974.
(c) No complaint, cross-complaint, or other initial pleading shall
be dismissed for failure to comply with subdivision (b).
91008. Not more than one judgment on the merits with respect to any
violation may be obtained under Sections 91004 and 91005. Actions
brought for the same violation or violations shall have precedence
for purposes of trial in order of the time filed. Such actions shall
be dismissed once judgment has been entered or a settlement approved
by the court in a previously filed action. The court may dismiss a
pending action without prejudice to any other action for failure of
the plaintiff to proceed diligently and in good faith. The action may
be so dismissed on motion of the civil prosecutor or any plaintiff
in an action based on the same violation.
91008.5. No civil action may be filed under Section 91004, 91005,
or 91005.5 with regard to any person for any violations of this title
after the commission has issued an order pursuant to Section 83116
against that person for the same violation.
91009. In determining the amount of liability under Sections 91004
or 91005, the court may take into account the seriousness of the
violation and the degree of culpability of the defendant. If a
judgment is entered against the defendant or defendants in an action
brought under Section 91004 or 91005, the plaintiff shall receive
fifty percent of the amount recovered. The remaining fifty percent
shall be deposited in the General Fund of the state. In an action
brought by the civil prosecutor, the entire amount recovered shall be
paid to the general fund or treasury of the jurisdiction.
91010. No request to the civil prosecutor pursuant to Section 91007
shall be made or filed in connection with a report or statement
required by Chapter 4 (commencing with Section 84100) until the time
when an audit and investigation could be begun under subdivision (c)
of Section 90002.
91011. (a) No civil action alleging a violation in connection with
a report or statement required by Chapter 4 (commencing with Section
84100) shall be filed more than four years after an audit could begin
as set forth in subdivision (c) of Section 90002, or more than one
year after the Franchise Tax Board forwards its report to the
commission, pursuant to Section 90004, of any audit conducted of the
alleged violator, whichever period is less.
(b) No civil action alleging a violation of any provisions of this
title, other than those described in subdivision (a), shall be filed
more than four years after the date the violation occurred.
91012. The court may award to a plaintiff or defendant other than
an agency, who prevails in any action authorized by this title his
costs of litigation, including reasonable attorney's fees. On motion
of any party, a court shall require a private plaintiff to post a
bond in a reasonable amount at any stage of the litigation to
guarantee payment of costs.
91013. (a) If any person files an original statement or report
after any deadline imposed by this act, he or she 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. Liability need not be
enforced by the filing officer if on an impartial basis he or she
determines that the late filing was not willful and that enforcement
of the liability will not further the purposes of the act, except
that no liability shall be waived 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, five 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.
(b) If any person files a copy of a statement or report after any
deadline imposed by this act, he or she 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 five
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.
(c) The officer shall deposit any funds received under this
section into the general fund of the jurisdiction of which he or she
is an officer. No liability under this section shall exceed the
cumulative amount stated in the late statement or report, or one
hundred dollars ($100), whichever is greater.
91013.5. (a) In addition to any other available remedies, the
commission or the filing officer may bring a civil action and obtain
a judgment in superior court for the purpose of collecting any unpaid
monetary penalties, fees, or civil penalties imposed pursuant to
this title. The action may be filed as a small claims, limited civil,
or unlimited civil case, depending on the jurisdictional amount. The
venue for this action shall be in the county where the monetary
penalties, fees, or civil penalties were imposed by the commission or
the filing officer. In order to obtain a judgment in a proceeding
under this section, the commission or filing officer shall show,
following the procedures and rules of evidence as applied in ordinary
civil actions, all of the following:
(1) That the monetary penalties, fees, or civil penalties were
imposed following the procedures set forth in this title and
implementing regulations.
(2) That the defendant or defendants in the action were notified,
by actual or constructive notice, of the imposition of the monetary
penalties, fees, or civil penalties.
(3) That a demand for payment has been made by the commission or
the filing officer and full payment has not been received.
(b) A civil action brought pursuant to subdivision (a) shall be
commenced within four years after the date on which the monetary
penalty, fee, or civil penalty was imposed.
91014. Nothing in this chapter shall exempt any person from
applicable provisions of any other laws of this state.
91000. (a) Any person who knowingly or willfully violates any
provision of this title is guilty of a misdemeanor.
(b) In addition to other penalties provided by law, a fine of up
to the greater of ten thousand dollars ($10,000) or three times the
amount the person failed to report properly or unlawfully
contributed, expended, gave or received may be imposed upon
conviction for each violation.
(c) Prosecution for violation of this title must be commenced
within four years after the date on which the violation occurred.
91000.5. No administrative action brought pursuant to Chapter 3
(commencing with Section 83100) alleging a violation of any of the
provisions of this title shall be commenced more than five years
after the date on which the violation occurred.
(a) 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.
(b) If the person alleged to have violated this title engages in
the fraudulent concealment of his or her 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 his or her 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.
(c) 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.
91001. (a) The Attorney General is responsible for enforcing the
criminal provisions of this title with respect to state agencies,
lobbyists and state elections. The district attorney of any county in
which a violation occurs has concurrent powers and responsibilities
with the Attorney General.
(b) The civil prosecutor is primarily responsible for enforcement
of the civil penalties and remedies of this title. The civil
prosecutor is the commission with respect to the state or any state
agency, except itself. The Attorney General is the civil prosecutor
with respect to the commission. The district attorneys are the civil
prosecutors with respect to any other agency. The civil prosecutor
may bring any civil action under this title which could be brought by
a voter or resident of the jurisdiction. Upon written authorization
from a district attorney, the commission may bring any civil action
under this title which could be brought by a voter or resident of the
jurisdiction. Under such circumstances, Section 91007 shall not
apply to the commission.
(c) Whether or not a violation is inadvertent, negligent or
deliberate, and the presence or absence of good faith shall be
considered in applying the remedies and sanctions of this title.
91001.5. In any case in which a district attorney could act as the
civil or criminal prosecutor under the provisions of this title, the
elected city attorney of any charter city may act as the civil or
criminal prosecutor with respect to any violations of this title
occurring within the city.
91002. No person convicted of a misdemeanor under this title shall
be a candidate for any elective office or act as a lobbyist for a
period of four years following the date of the conviction unless the
court at the time of sentencing specifically determines that this
provision shall not be applicable. A plea of nolo contendere shall be
deemed a conviction for purposes of this section. Any person
violating this section is guilty of a felony.
91003. (a) Any person residing in the jurisdiction may sue for
injunctive relief to enjoin violations or to compel compliance with
the provisions of this title. The court may in its discretion require
any plaintiff other than the commission to file a complaint with the
commission prior to seeking injunctive relief. The court may award
to a plaintiff or defendant who prevails his costs of litigation,
including reasonable attorney's fees.
(b) Upon a preliminary showing in an action brought by a person
residing in the jurisdiction that a violation of Article 1
(commencing with Section 87100), Article 4 (commencing with Section
87400), or Article 4.5 (commencing with Section 87450) of Chapter 7
of this title or of a disqualification provision of a Conflict of
Interest Code has occurred, the court may restrain the execution of
any official action in relation to which such a violation occurred,
pending final adjudication. If it is ultimately determined that a
violation has occurred and that the official action might not
otherwise have been taken or approved, the court may set the official
action aside as void. The official actions covered by this
subsection include, but are not limited to orders, permits,
resolutions and contracts, but do not include the enactment of any
state legislation. In considering the granting of preliminary or
permanent relief under this subsection, the court shall accord due
weight to any injury that may be suffered by innocent persons relying
on the official action.
91003.5. Any person who violates a provision of Article 2
(commencing with Section 87200), 3 (commencing with Section 87300),
or 4.5 (commencing with Section 87450) of Chapter 7 is subject to
discipline by his or her agency, including dismissal, consistent with
any applicable civil service or other personnel laws, regulations,
and procedures.
91004. Any person who intentionally or negligently violates any of
the reporting requirements of this title shall be liable in a civil
action brought by the civil prosecutor or by a person residing within
the jurisdiction for an amount not more than the amount or value not
properly reported.
91005. (a) Any person who makes or receives a contribution, gift,
or expenditure in violation of Section 84300, 84304, 86203, or 86204
is liable in a civil action brought by the civil prosecutor or by a
person residing within the jurisdiction for an amount up to one
thousand dollars ($1,000) or three times the amount of the unlawful
contribution, gift, or expenditure, whichever amount is greater.
(b) Any designated employee or public official specified in
Section 87200, except an elected state officer, who realizes an
economic benefit as a result of a violation of Section 87100 or of a
disqualification provision of a conflict of interest code is liable
in a civil action brought by the civil prosecutor or by a person
residing within the jurisdiction for an amount up to three times the
value of the benefit.
91005.5. Any person who violates any provision of this title,
except Sections 84305, 84307, and 89001, for which no specific civil
penalty is provided, shall be liable in a civil action brought by the
commission or the district attorney pursuant to subdivision (b) of
Section 91001, or the elected city attorney pursuant to Section
91001.5, for an amount up to five thousand dollars ($5,000) per
violation.
No civil action alleging a violation of this title may be filed
against a person pursuant to this section if the criminal prosecutor
is maintaining a criminal action against that person pursuant to
Section 91000.
The provisions of this section shall be applicable only as to
violations occurring after the effective date of this section.
91006. If two or more persons are responsible for any violation,
they shall be jointly and severally liable.
91007. (a) Any person, before filing a civil action pursuant to
Sections 91004 and 91005, must first file with the civil prosecutor a
written request for the civil prosecutor to commence the action. The
request shall include a statement of the grounds for believing a
cause of action exists. The civil prosecutor shall respond to the
person in writing, indicating whether he or she intends to file a
civil action.
(1) If the civil prosecutor responds in the affirmative and files
suit within 120 days from receipt of the written request to commence
the action, no other action may be brought unless the action brought
by the civil prosecutor is dismissed without prejudice as provided
for in Section 91008.
(2) If the civil prosecutor responds in the negative within 120
days from receipt of the written request to commence the action, the
person requesting the action may proceed to file a civil action upon
receipt of the response from the civil prosecutor. If, pursuant to
this subdivision, the civil prosecutor does not respond within 120
days, the civil prosecutor shall be deemed to have provided a
negative written response to the person requesting the action on the
120th day and the person shall be deemed to have received that
response.
(3) The time period within which a civil action shall be
commenced, as set forth in Section 91011, shall be tolled from the
date of receipt by the civil prosecutor of the written request to
either the date that the civil action is dismissed without prejudice
or the date of receipt by the person of the negative response from
the civil prosecutor, but only for a civil action brought by the
person who requested the civil prosecutor to commence the action.
(b) Any person filing a complaint, cross-complaint, or other
initial pleading in a civil action pursuant to Section 91003, 91004,
91005, or 91005.5 shall, within 10 days of filing the complaint,
cross-complaint, or initial pleading, serve on the commission a copy
of the complaint, cross-complaint, or initial pleading or a notice
containing all of the following:
(1) The full title and number of the case.
(2) The court in which the case is pending.
(3) The name and address of the attorney for the person filing the
complaint, cross-complaint, or other initial pleading.
(4) A statement that the case raises issues under the Political
Reform Act of 1974.
(c) No complaint, cross-complaint, or other initial pleading shall
be dismissed for failure to comply with subdivision (b).
91008. Not more than one judgment on the merits with respect to any
violation may be obtained under Sections 91004 and 91005. Actions
brought for the same violation or violations shall have precedence
for purposes of trial in order of the time filed. Such actions shall
be dismissed once judgment has been entered or a settlement approved
by the court in a previously filed action. The court may dismiss a
pending action without prejudice to any other action for failure of
the plaintiff to proceed diligently and in good faith. The action may
be so dismissed on motion of the civil prosecutor or any plaintiff
in an action based on the same violation.
91008.5. No civil action may be filed under Section 91004, 91005,
or 91005.5 with regard to any person for any violations of this title
after the commission has issued an order pursuant to Section 83116
against that person for the same violation.
91009. In determining the amount of liability under Sections 91004
or 91005, the court may take into account the seriousness of the
violation and the degree of culpability of the defendant. If a
judgment is entered against the defendant or defendants in an action
brought under Section 91004 or 91005, the plaintiff shall receive
fifty percent of the amount recovered. The remaining fifty percent
shall be deposited in the General Fund of the state. In an action
brought by the civil prosecutor, the entire amount recovered shall be
paid to the general fund or treasury of the jurisdiction.
91010. No request to the civil prosecutor pursuant to Section 91007
shall be made or filed in connection with a report or statement
required by Chapter 4 (commencing with Section 84100) until the time
when an audit and investigation could be begun under subdivision (c)
of Section 90002.
91011. (a) No civil action alleging a violation in connection with
a report or statement required by Chapter 4 (commencing with Section
84100) shall be filed more than four years after an audit could begin
as set forth in subdivision (c) of Section 90002, or more than one
year after the Franchise Tax Board forwards its report to the
commission, pursuant to Section 90004, of any audit conducted of the
alleged violator, whichever period is less.
(b) No civil action alleging a violation of any provisions of this
title, other than those described in subdivision (a), shall be filed
more than four years after the date the violation occurred.
91012. The court may award to a plaintiff or defendant other than
an agency, who prevails in any action authorized by this title his
costs of litigation, including reasonable attorney's fees. On motion
of any party, a court shall require a private plaintiff to post a
bond in a reasonable amount at any stage of the litigation to
guarantee payment of costs.
91013. (a) If any person files an original statement or report
after any deadline imposed by this act, he or she 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. Liability need not be
enforced by the filing officer if on an impartial basis he or she
determines that the late filing was not willful and that enforcement
of the liability will not further the purposes of the act, except
that no liability shall be waived 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, five 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.
(b) If any person files a copy of a statement or report after any
deadline imposed by this act, he or she 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 five
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.
(c) The officer shall deposit any funds received under this
section into the general fund of the jurisdiction of which he or she
is an officer. No liability under this section shall exceed the
cumulative amount stated in the late statement or report, or one
hundred dollars ($100), whichever is greater.
91013.5. (a) In addition to any other available remedies, the
commission or the filing officer may bring a civil action and obtain
a judgment in superior court for the purpose of collecting any unpaid
monetary penalties, fees, or civil penalties imposed pursuant to
this title. The action may be filed as a small claims, limited civil,
or unlimited civil case, depending on the jurisdictional amount. The
venue for this action shall be in the county where the monetary
penalties, fees, or civil penalties were imposed by the commission or
the filing officer. In order to obtain a judgment in a proceeding
under this section, the commission or filing officer shall show,
following the procedures and rules of evidence as applied in ordinary
civil actions, all of the following:
(1) That the monetary penalties, fees, or civil penalties were
imposed following the procedures set forth in this title and
implementing regulations.
(2) That the defendant or defendants in the action were notified,
by actual or constructive notice, of the imposition of the monetary
penalties, fees, or civil penalties.
(3) That a demand for payment has been made by the commission or
the filing officer and full payment has not been received.
(b) A civil action brought pursuant to subdivision (a) shall be
commenced within four years after the date on which the monetary
penalty, fee, or civil penalty was imposed.
91014. Nothing in this chapter shall exempt any person from
applicable provisions of any other laws of this state.
