BILL NUMBER: AB 2452	INTRODUCED
	BILL TEXT


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, as introduced, 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 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.

   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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) 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.
   (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
date.
   (d) 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.
   (e) 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.
   (f) 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.
   (g) The local government agency shall enable filers to submit
filings free of charge.
   (h) The local filing officer shall maintain, for a period of 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.
   (i) 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.