BILL NUMBER: SB 879 CHAPTERED 09/12/02 CHAPTER 499 FILED WITH SECRETARY OF STATE SEPTEMBER 12, 2002 APPROVED BY GOVERNOR SEPTEMBER 12, 2002 PASSED THE SENATE AUGUST 22, 2002 PASSED THE ASSEMBLY AUGUST 15, 2002 AMENDED IN ASSEMBLY AUGUST 12, 2002 AMENDED IN ASSEMBLY JUNE 18, 2002 AMENDED IN ASSEMBLY JUNE 14, 2001 INTRODUCED BY Senator Brulte (Coauthor: Senator Perata) FEBRUARY 23, 2001 An act to amend Section 2 of Chapter 975 of the Statutes of 2000, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 879, Brulte. Bipartisan California Commission on Internet Political Practices. Existing law creates the Bipartisan California Commission on Internet Political Practices to study the issues presented by political activity on the Internet, including the issue of political cyberfraud, in relation to the goals and purposes of the Political Reform Act of 1974, and to report thereon to the Legislature by September 30, 2002. Existing law authorizes the chairperson of the commission to hire a director, a secretary, and a legal adviser to provide assistance to the committee. This bill would extend the deadline for submittal of the report to December 31, 2003, and would extend the existence of the commission to January 1, 2004. The bill would also authorize the chairperson of the commission to hire staff, or retain independent contractors on a contractual basis, to provide assistance to the committee. The 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 2 of Chapter 975 of the Statutes of 2000 is amended to read: Sec. 2. (a) The Bipartisan California Commission on Internet Political Practices is hereby established. The commission shall consist of thirteen members appointed as follows: (1) Three members appointed by the Governor, one of whom shall be a member of the Democratic Party, and one of whom shall be a member of the Republican Party. (2) Two members appointed by the Senate Committee on Rules. (3) One member appointed by the Minority Floor Leader of the Senate. (4) Two members appointed by the Speaker of the Assembly. (5) One member appointed by the Minority Floor Leader of the Assembly. (6) Two members appointed by the Secretary of State, one of whom shall be a member of the Democratic Party, and one of whom shall be a member of the Republican Party. (7) Two members appointed by the Chairperson of the Fair Political Practices Commission, one of whom shall be a member of the Democratic Party, and one of whom shall be a member of the Republican Party. (b) Each appointing authority shall seek to appoint individuals with diversified backgrounds and expertise to ensure that the membership of the California Commission on Internet Political Practices is familiar with, among other matters, all of the following: (1) The magnitude of change posed by Internet technology. (2) Political campaign practices and trends. (3) Legal developments concerning political speech, the Internet, and the act. (4) The concerns of public interest groups. (c) The Bipartisan California Commission on Internet Political Practices shall meet and select a chairperson from among its members not later than 45 days after the effective date of this act. The chairman may hire staff, or retain independent contractors on a contractual basis, to assist with the work of the commission. (d) The Bipartisan California Commission on Internet Political Practices shall examine the various issues posed by campaign activity on the Internet in relation to the goals and purposes of the act, and make recommendations for appropriate legislative action, if any. The examination of issues should include, but are not limited to, the following: (1) Whether political communications on the Internet, especially those that expressly advocate support for or opposition to clearly identified candidates for elective office or ballot measures should be subject to the campaign finance disclosure requirements of the act. (2) Whether costs associated with the development of campaign Web sites should be disclosed to the public, and whether they should be treated, depending on the circumstances, as reportable contributions, expenditures, independent expenditures, or payments. (3) Whether Web sites created by individuals, sometimes referred to as "fan sites," that contain references to candidates and measures, or urge support or opposition to candidates or measures, or that provide hyperlinks to official campaign sites, should be treated differently from sites created by political parties, candidate and ballot measure committees, or independent committees. (4) Whether the identity of publishers of Web sites that feature political campaign activity should be required to be disclosed similar to current identification requirements for persons who pay for printed or broadcast advertising. (5) Whether current laws are adequate to protect against fraud, libel, or slander in the context of Internet political activity. (6) Whether any disclosure requirements should be imposed on Internet political activity in order to encourage the broadest possible citizen participation in the electoral process. (7) Whether the act is an appropriate regulatory vehicle for campaign activity at the state level, or whether a different regulatory structure for Internet campaign activity should be developed, if any. (e) The meetings of the Bipartisan California Commission on Internet Political Practices shall be open and public. The commission members shall receive one hundred dollars ($100) per diem for each day of attendance at a meeting of the commission, not to exceed 10 meetings. (f) The Bipartisan California Commission on Internet Political Practices shall report its findings and recommendations to the Legislature not later than December 1, 2001. The commission shall cease to exist on January 1, 2002. SEC. 2. Notwithstanding Section 4 of Chapter 927 of the Statutes of 2001, the Bipartisan California Commission on Internet Political Practices shall report its findings and recommendations to the Legislature not later than December 31, 2003, and shall include in its study the issue of political cyberfraud. The commission shall cease to exist on January 1, 2004. SEC. 3. 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 preserve the Bipartisan California Commission on Internet Political Practices and thereby guard against political cyberfraud and other illegal campaign activity, it is necessary that this act take effect immediately.