BILL NUMBER: AB 409 CHAPTERED
BILL TEXT
CHAPTER 643
FILED WITH SECRETARY OF STATE OCTOBER 8, 2013
APPROVED BY GOVERNOR OCTOBER 8, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 12, 2013
AMENDED IN SENATE AUGUST 29, 2013
AMENDED IN SENATE AUGUST 13, 2013
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)
(Coauthor: Senator Anderson)
FEBRUARY 15, 2013
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, Quirk-Silva. 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.
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 conduct public hearings to receive input on
the implementation of that system, maintain ongoing coordination
among affected state and local agencies as necessary, and develop
training and assistance programs for state and local filing officers
and filers regarding use of the online system for filing statements
of economic interests.
(d) (1) Except as provided in paragraph (2), 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.
(2) The Commission shall redact private information, including,
but not limited to, the signatures of filers, from the data that is
made available on the Internet pursuant to this subdivision. The
Commission shall develop and implement a policy regarding redaction
of private information for the purposes of this paragraph, and shall
conduct one or more public hearings to receive input on the
development of that policy.
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, the Commission shall specify which
categories of persons described in Section 87500 may file statements
of economic interests electronically through the online system
established by the Commission.
(b) (1) If the Commission, pursuant to subdivision (a), specifies
that persons described in Section 87500 may file statements of
economic interests electronically through the online system
established by the Commission, the Commission, upon authorization by
the filing officer designated by Section 87500, shall assume the
duties of the filing officer for each filer within each category of
filers authorized to file electronically through the online system,
irrespective of whether the filer elects to file his or her statement
of economic interests electronically or on paper with the
Commission. A filing officer who does not authorize the Commission to
assume his or her duties as described in this paragraph shall
continue to perform the duties prescribed in Section 81010. The
filing officer duties assumed by the Commission with respect to each
filer in each authorized category shall include, but not be limited
to, all of the following:
(A) Notifying the filer of his or her filing obligation.
(B) Receiving the filer's statement of economic interests.
(C) Ensuring compliance with filing requirements in the event the
filer fails to file in a timely manner or is required to amend his or
her statement of economic interests.
(D) Distributing to filing officers copies of the completed
statement of economic interests of a person who is required by this
chapter to file more than one statement of economic interests for
each period, and who, despite being authorized to file the statement
with the Commission electronically, elects to file the statement with
the Commission using a paper form.
(2) If the Commission assumes the duties of a filing officer
pursuant to this subdivision, the filing officer whose duties are
assumed shall provide to the Commission, in a manner prescribed by
the Commission, the name and contact information for each filer in
the filing officer's jurisdiction.
(c) The Commission shall notify a filing officer who may be
affected by a determination of the Commission pursuant to this
section to authorize a category of filers to file electronically, no
later than six months before the implementation of that
determination, in order to allow adequate preparation for
implementation.
(d) A person who is required by this chapter to file more than one
statement of economic interests for each reporting period and who
files his or her statements of economic interests with the Commission
electronically after being authorized to do so pursuant to Section
87500.3 is not required to file a statement of economic interests
with any other person or agency. If a filer authorized to file
electronically with the Commission files with the Commission on
paper, the Commission shall distribute copies of the statement to any
other filing officers pursuant to subparagraph (D) of paragraph (1)
of subdivision (b).
(e) (1) After the Commission makes an initial determination
pursuant to subdivision (a) regarding which categories of persons
described in Section 87500 are permitted to file statements of
economic interests electronically through the online system
established by the Commission, the Commission may subsequently revise
its determination at any time.
(2) In accordance with Section 87500.3, the Commission shall
continue to conduct public hearings and receive input on the
implementation of the online system, and that input shall inform any
decision by the Commission to revise, pursuant to paragraph (1), its
determination of which categories of persons described in Section
87500 are permitted to file statements of economic interests
electronically through the online system established by the
Commission.
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.