Bill Text: CA AB2452 | 2011-2012 | Regular Session | Chaptered
Bill Title: Political Reform Act of 1974: online disclosure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-07-13 - Chaptered by Secretary of State - Chapter 126, Statutes of 2012. [AB2452 Detail]
Download: California-2011-AB2452-Chaptered.html
BILL NUMBER: AB 2452 CHAPTERED
BILL TEXT
CHAPTER 126
FILED WITH SECRETARY OF STATE JULY 13, 2012
APPROVED BY GOVERNOR JULY 13, 2012
PASSED THE SENATE JULY 2, 2012
PASSED THE ASSEMBLY MAY 21, 2012
AMENDED IN ASSEMBLY MAY 8, 2012
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 24, 2012
An act to add Section 84615 to the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 2452, Ammiano. Political Reform Act of 1974: online disclosure.
The Political Reform Act of 1974 requires specified candidates,
committees, slate mailer organizations, and lobbyists, lobbying
firms, and lobbyist employers to file campaign statements and reports
online or electronically with the Secretary of State, as specified.
The act requires certain of these entities to also file campaign
statements and reports with local filing officers, as specified.
This bill, with certain exceptions, would authorize a local
government agency to require an elected officer, candidate,
committee, or other person required to file specified statements,
reports, or other documents to file those statements, reports, or
other documents online or electronically with a local filing officer.
The bill would prescribe criteria that must be satisfied by a local
government agency that requires online or electronic filing of
statements, reports, or other documents, as specified, including,
among others, that the system be available free of charge to filers
and to the public for viewing filings, and that the system include a
procedure for filers to comply with the requirement that they sign
statements and reports under penalty of perjury.
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 and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84615 is added to the Government Code, to read:
84615. A local government agency may require an elected officer,
candidate, committee, or other person required to file statements,
reports, or other documents required by Chapter 4 (commencing with
Section 84100), except an elected officer, candidate, committee, or
other person who receives contributions totaling less than one
thousand dollars ($1,000), and makes expenditures totaling less than
one thousand dollars ($1,000), in a calendar year, to file those
statements, reports, or other documents online or electronically with
a local filing officer. A local government agency that requires
online or electronic filing pursuant to this section shall comply
with all of the following:
(a) The legislative body for the local government agency shall
adopt an ordinance approving the use of online or electronic filing,
which shall include a legislative finding that the online or
electronic filing system will operate securely and effectively and
would not unduly burden filers. The ordinance adopted by the
legislative body for the local government agency may, at the
discretion of that legislative body, specify that the electronic or
online filing requirements apply only to specifically identified
types of filings or are triggered only by identified monetary
thresholds. In any instance in which the original statement, report,
or other document is required to be filed with the Secretary of State
and a copy of that statement, report, or other document is required
to be filed with the local government agency, the ordinance may
permit, but shall not require, that the copy be filed online or
electronically.
(b) The online or electronic filing system shall only accept a
filing in the standardized record format that is developed by the
Secretary of State pursuant to paragraph (2) of subdivision (a) of
Section 84602 and that is compatible with the Secretary of State's
system for receiving an online or electronic filing.
(c) The online or electronic filing system shall ensure the
integrity of the data transmitted and shall include safeguards
against efforts to tamper with, manipulate, alter, or subvert the
data.
(d) (1) The local filing officer shall issue to a person who files
a statement, report, or other document online or electronically an
electronic confirmation that notifies the filer that the statement,
report, or other document was received. The confirmation shall
include the date and the time that the statement, report, or other
document was received by the filing officer and the method by which
the filer may view and print the data received by the filing officer.
(2) A copy retained by the filer of a statement, report, or other
document that was filed online or electronically and the confirmation
issued pursuant to paragraph (1) that shows the filer timely filed
the statement, report, or other document shall create a rebuttable
presumption that the filer timely filed the statement, report, or
other document.
(e) The date of filing for a statement, report, or other document
that is filed online or electronically shall be the day that it is
received by the local filing officer.
(f) The local filing officer shall make all the data filed
available on the Internet in an easily understood format that
provides the greatest public access. The data shall be made available
free of charge and as soon as possible after receipt. The data made
available on the Internet shall not contain the street name and
building number of the persons or entity representatives listed on
the electronically filed forms or any bank account number required to
be disclosed by the filer. The local filing officer shall make a
complete, unredacted copy of any statement, report, or other document
filed pursuant to this section, including any street names, building
numbers, and bank account numbers disclosed by the filer, available
to any person upon request.
(g) The online or electronic filing system shall include a
procedure for filers to comply with the requirement that they sign
statements and reports under penalty of perjury pursuant to Section
81004.
(h) The local government agency shall enable filers to complete
and submit filings free of charge.
(i) The local filing officer shall maintain, for a period of at
least 10 years commencing from the date filed, a secured, official
version of each online or electronic statement, report, or other
document filed pursuant to this section, which shall serve as the
official version of that record for purpose of audits and any other
legal purpose. Data that has been maintained for at least 10 years
may then be archived in a secure format.
(j) Notwithstanding any other provision of law, any statement,
report, or other document filed online or electronically pursuant to
this section shall not be required to be filed with the local filing
officer in paper format.
SEC. 2. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.
