[Sosfbay-discuss] govt code re fines

[Jim Doyle]

Here is the code section under which the fines are being imposed.

First, the crucial sentence

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, ...


Then, the full text of the code section

*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.