Bill Text: CA AB409 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Political Reform Act of 1974: statements of economic interests: online filing.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2013-10-08 - Chaptered by Secretary of State - Chapter 643, Statutes of 2013. [AB409 Detail]

Download: California-2013-AB409-Amended.html

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BILL NUMBER: AB 409	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  APRIL 15, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Quirk-Silva
    (   Principal   coauthors:  
Senators   Galgiani   and Roth   ) 
    (   Coauthors:  
Assembly Members   Fox,   
 Jones-Sawyer,     Levine,
    and Weber   )


                        FEBRUARY 15, 2013

    An act to add and repeal Section 69785.5 of the Education
Code, relating to student veterans.   An act to add
Sections 87500.3 and 87500.4 to the Government Code, relating to the
Political Reform Act of 1974, and declaring the urgency thereof, to
take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 409, as amended, Quirk-Silva.  Student veterans:
services.   Political Reform Act of 1974: statements of
economic interests: online filing.  
   (1) Existing law, the Political Reform Act of 1974, regulates
conflicts of interests of public officials and requires that public
officials file, with specified filing officers, periodic statements
of economic interests disclosing certain information regarding
income, investments, and other financial data. Existing law
authorizes agencies to permit the electronic filing of statements of
economic interests, in accordance with regulations adopted by the
Fair Political Practices Commission.  
   This bill would authorize the Commission to develop and operate an
online system for filing statements of economic interests meeting
specified requirements. With certain exceptions, filers would be
authorized to use the online system to meet requirements imposed by
the act.  
   (2) 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.
 
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.  
   Under existing law, the segments of the public higher education
system in the state include the University of California, which is
administered by the Regents of the University of California, the
California State University, which is administered by the Trustees of
the California State University, and the California Community
Colleges, which is administered by the Board of Governors of the
California Community Colleges. 
   Existing law authorizes the California Community Colleges and
California State University, and encourages the University of
California, to coordinate services for qualified students who are
veterans or members of the military by clearly designating military
and veterans offices and individuals to provide specified services.
 
   This bill would require the Board of Governors of the California
Community Colleges and the Trustees of the California State
University to convene, and would encourage the Regents of the
University of California to participate in, a task force to develop a
report relating to student veterans' transition to postsecondary
education, as specified. The bill would require the report to be
completed on or before January 10, 2015, and that a copy be provided
to the Governor and the Legislature on or before that date. These
provisions would be repealed on January 1, 2019. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 87500.3 is added to the 
 Government Code  , to read:  
   87500.3.  (a) The Commission may develop and operate an online
system for filing statements of economic interests required by
Article 2 (commencing with Section 87200) and Article 3 (commencing
with Section 87300). Consistent with Section 87500.4, the online
system shall enable a filer to comply with the requirements of this
chapter relating to the filing of statements of economic interests
and shall include, but not be limited to, both of the following:
   (1) A means or method whereby a filer may electronically file,
free of charge, a statement of economic interests that includes an
electronic transmission that is submitted under penalty of perjury in
conformity with Section 81004 of this code and subdivision (b) of
Section 1633.11 of the Civil Code.
   (2) Security safeguards that include firewalls, data encryption,
secure authentication, and all necessary hardware and software and
industry best practices to ensure that the security and integrity of
the data and information contained in each statement of economic
interests are not jeopardized or compromised.
   (b) (1) A system developed pursuant to subdivision (a) shall issue
to a person who electronically files his or her statement of
economic interests, or an amendment to a statement of economic
interests, an electronic confirmation that notifies the filer that
his or her statement of economic interests or amendment was received.
The confirmation shall include the date and the time that the
statement of economic interests or amendment was received and the
method by which the filer may view and print the data received.
   (2) A paper copy retained by the filer of a statement of economic
interests or amendment that was electronically filed and the
confirmation issued pursuant to paragraph (1) that shows that the
filer timely filed his or her statement of economic interests or
amendment shall create a rebuttable presumption that the filer filed
his or her statement of economic interests or amendment on time.
   (c) If the Commission develops an online system pursuant to
subdivision (a), it shall also develop training and assistance
programs for state and local filing officers and filers regarding use
of that system, and shall conduct public hearings to receive input
on the implementation of the online system for filing statements of
economic interests.
   (d) The Commission may make all the data filed on a system
developed pursuant to subdivision (a) available on the Commission's
Internet Web site in an easily understood format that provides the
greatest public access, and shall provide assistance to those seeking
public access to the information. 
   SEC. 2.    Section 87500.4 is added to the  
Government Code   , to read:  
   87500.4.  (a) If the Commission establishes an online system
pursuant to Section 87500.3, a person required by Article 2
(commencing with Section 87200) or Article 3 (commencing with Section
87300) to file a statement of economic interests may,
notwithstanding Section 87500, file the statement electronically
through the online system established by the Commission.
   (b) (1) If a filer's filing officer is the Commission, electronic
filing pursuant to Section 87500.3 satisfies the requirement imposed
by this chapter to file a statement of economic interests with the
Commission.
   (2) If a filer's filing officer is not the Commission, the filing
officer, notwithstanding Section 87500, may permit a statement of
economic interests filed electronically with the Commission pursuant
to Section 87500.3 to satisfy the requirement for the statement to be
filed with the filing officer. 
   SEC. 3.    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. 
   SEC. 4.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to authorize the Fair Political Practices Commission to
develop an online system for the filing of statements of economic
interests at the earliest possible time in order to increase
transparency in the finances of public officials and guard against
conflicts of interests, it is necessary that this act take immediate
effect.  
  SECTION 1.    Section 69785.5 is added to the
Education Code, to read:
   69785.5.  (a) On or before June 30, 2014, the Board of Governors
of the California Community Colleges and the Trustees of the
California State University shall convene, and the Regents of the
University of California are encouraged to participate in, a task
force to develop a report relating to student veterans' transition to
postsecondary education.
   (b) The task force shall address specific issues related to
student veterans' transition to postsecondary education, which shall
include, but is not limited to, all of the following:
   (1) A review of the best practices for meeting the needs of
student veterans and ensuring that all campuses offer veterans'
counseling services.
   (2) An evaluation on how California Community Colleges, the
California State University, and the University of California
currently assist student veterans in understanding the effects of
postwar stress, posttraumatic stress disorder, and traumatic brain
injuries.
   (3) An evaluation of the existing resources offered to veterans
and ways to ensure that veterans are aware of these resources.
   (4) An assessment on whether additional services for veterans are
needed, such as an online course addressing postwar effects on
veterans.
   (c) The final report shall be completed on or before January 10,
2015, and a copy shall be provided to the Governor and the
Legislature on or before that date.
   (d) The report to be submitted pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
   (e) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.