BILL NUMBER: AB 2691 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Elections and Redistricting (Fong
(Chair), Donnelly (Vice Chair), Bonilla, Hall, Logue, Mendoza, and
Swanson)
MARCH 14, 2012
An act to amend Section 84602 of, and to repeal Sections 84604,
84609, and 84610 of, the Government Code, relating to the Political
Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 2691, as introduced, Committee on Elections and Redistricting.
Political Reform Act of 1974: online and electronic filing.
The Political Reform Act of 1974 requires the Secretary of State,
in consultation with the Fair Political Practices Commission, to
develop an online and electronic filing system to be used by certain
entities, including specified candidates, general purpose committees,
slate mailer organizations, and lobbyists, lobbying firms, and
lobbyist employers, in filing statements and reports required under
the act. The act imposes certain online or electronic disclosure
requirements that are specific to the 1998 statewide general election
and the 2000 statewide primary election. The act also appropriates
to the Secretary of State the sum of $1,100,000 for the purpose of
developing online or electronic disclosure systems, effective
September 16, 1999. Under existing law, an appropriation is available
to be encumbered for 3 years after the date upon which it first
became available for encumbrance.
This bill would repeal the provisions relating to online or
electronic disclosure requirements specific to the 1998 statewide
general election and the 2000 statewide primary election. The bill
would also repeal the provision making a $1,100,000 appropriation to
the Secretary of State, which has been available for encumbrance for
more than 3 years.
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 84602 of the Government Code is amended to
read:
84602. To implement the Legislature's intent, the Secretary of
State, in consultation with the commission
Commission , notwithstanding any other provision of
the Government Code this code , shall do all of
the following:
(a) Develop online and electronic filing processes for use by
persons and entities specified in Sections 84604 and
Section 84605 that are required to file
statements and reports with the Secretary of State's office pursuant
to Chapter 4 (commencing with Section 84100) and Chapter 6
(commencing with Section 86100). Those processes shall each enable a
user to comply with all the disclosure requirements of this title and
shall include, at a minimum, the following:
(1) A means or method whereby filers subject to this chapter may
submit required filings free of charge. Any means or method developed
pursuant to this provision shall not provide any additional or
enhanced functions or services that exceed the minimum requirements
necessary to fulfill the disclosure provisions of this title. At
least one means or method shall be made available no later than
December 31, 2002.
(2) The definition of a nonproprietary standardized record format
or formats using industry standards for the transmission of the data
that is required of those persons and entities specified in
subdivision (a) of Section 84604 and Section 84605 and that
conforms with the disclosure requirements of this title. The
Secretary of State shall hold public hearings prior to development of
the record format or formats as a means to ensure that affected
entities have an opportunity to provide input into the development
process. The format or formats shall be made public no later than
July 1, 1999, to ensure sufficient time to comply with the
requirements of this chapter.
(b) Accept test files from software vendors and others wishing to
file reports electronically, for the purpose of determining whether
the file format is in compliance with the standardized record format
developed pursuant to subdivision (a) and is compatible with the
Secretary of State's system for receiving the data. A list of the
software and service providers who have submitted acceptable test
files shall be published by the Secretary of State and made available
to the public. Acceptably formatted files shall be submitted by a
filer in order to meet the requirements of this chapter.
(c) Develop a system that provides for the online or electronic
transfer of the data specified in this section utilizing
telecommunications technology that assures the integrity of the data
transmitted and that creates safeguards against efforts to tamper
with or subvert the data.
(d) 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. All late contribution and late independent expenditure
reports, as defined by Sections 84203 and 84204, respectively, shall
be made available on the Internet within 24 hours of 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 pursuant to this title.
(e) Develop a procedure for filers to comply with the requirement
that they sign under penalty of perjury pursuant to Section 81004.
(f) Maintain all filed data online for 10 years after the date it
is filed, and then archive the information in a secure format.
(g) Provide assistance to those seeking public access to the
information.
(h) Implement sufficient technology to seek to prevent
unauthorized alteration or manipulation of the data.
(i) Provide the commission Commission
with necessary information to enable it to assist agencies,
public officials, and others , with the compliance
with and administration of this title.
(j) Report to the Legislature on the implementation and
development of the online and electronic filing and disclosure
requirements of this chapter. The report shall include an examination
of system security, private security issues, software availability,
compliance costs to filers, use of the filing system and software
provided by the Secretary of State, and other issues relating to this
chapter, and shall recommend appropriate changes if necessary. In
preparing the report, the commission
Commission may present to the Secretary of State and the
Legislature its comments regarding this chapter as it relates to the
duties of the commission Commission and
suggest appropriate changes if necessary. There shall be one report
due before the system is operational as set forth in Section 84603,
one report due no later than June 1, 2002, and one report due no
later than January 31, 2003.
(k) Review the current filing and disclosure requirements of this
chapter and report to the Legislature, no later than June 1, 2005,
recommendations on revising these requirements so as to promote
greater reliance on electronic and online submissions.
SEC. 2. Section 84604 of the Government Code is repealed.
84604. (a) The Secretary of State shall implement an online or
electronic disclosure program in connection with the 2000 state
primary election and the lobbying activities specified in paragraph
(4). Entities specified in paragraphs (1), (2), and (3) shall
commence online or electronic disclosure with the first preelection
statement filed in connection with the 2000 statewide direct primary
election for the period ending January 22, 2000, and shall continue
to disclose online or electronically all required reports and
statements up to and including the semiannual statement for the
period ending June 30, 2000. Entities specified in paragraph (4)
shall commence online or electronic disclosure with the quarterly
report for the period ending March 31, 2000, and shall continue to
disclose online or electronically all required reports and statements
up to and including the quarterly report for the period ending June
30, 2000. The entities subject to this section are the following:
(1) Any candidate, including appellate court and Supreme Court
candidates and officeholders, committee, or other persons who are
required, pursuant to Chapter 4 (commencing with Section 84100), to
file statements, reports, or other documents in connection with a
state elective office or state measure appearing on the 2000
statewide direct primary ballot, provided that the total cumulative
reportable amount of contributions received, expenditures made, loans
made, or loans received is one hundred thousand dollars ($100,000)
or more. For the purpose of cumulating totals, the period covered
shall commence January 1, 1999.
(2) Any general purpose committees, as defined in Section 82027.5,
including the general purpose committees of political parties, and
small contributor committees, as defined in Section 85203, that
cumulatively receive contributions or make expenditures totaling one
hundred thousand dollars ($100,000) or more to support or oppose
candidates for any elective state office or state measure appearing
on the 2000 statewide direct primary ballot. For the purpose of
cumulating totals, the period covered shall commence January 1, 1999.
(3) Any slate mailer organization with cumulative reportable
payments received or made for the purposes of producing slate mailers
of one hundred thousand dollars ($100,000) or more in connection
with the 2000 statewide direct primary election. For the purpose of
cumulating totals, the period covered shall commence January 1, 1999.
(4) Any lobbyist, lobbying firm, lobbyist employer, or other
persons required, pursuant to Chapter 6 (commencing with Section
86100), to file statements, reports, or other documents, provided
that the total amount of any category of reportable payments,
expenses, contributions, gifts, or other items is one hundred
thousand dollars ($100,000) or more in a calendar quarter.
(b) Filers specified in subdivision (a) shall also continue to
file required disclosure forms in paper format. The paper copy shall
continue to be the official version for audit and other legal
purposes. Committees and other persons that are not required to file
online or electronically by this section may do so voluntarily.
(c) The Secretary of State shall also disclose on the Internet any
late contribution or late independent expenditure report, as defined
by Sections 84203 and 84204, respectively, not covered by
subdivision (a).
(d) It shall be presumed that online or electronic filers file
under penalty of perjury.
SEC. 3. Section 84609 of the Government Code is repealed.
84609. All candidates and ballot measure committees who are
required, pursuant to Chapter 4 (commencing with Section 84100), to
file statements, reports, or other documents in connection with a
statewide elective office or state measure appearing on the November
1998 ballot shall provide at the time of filing, in addition to a
paper submission, a copy of the required report on computer disk in
either an ASCII or PDF format with documentation detailing the field
layout or file structure. Filers who submit computer disks which are
not readable, cannot be copied, or do not have documentation have not
complied with the requirements of this section. Candidate and ballot
measure committees who make their report available on the Internet
through the Secretary of State's office are not required to file the
report on computer disk. The Secretary of State shall make copies
available to the public, upon payment of fees covering direct costs
of duplication, or a statutory fee, if applicable. The Secretary of
State shall also disclose online, any late contribution or late
independent expenditure report, as defined by Sections 84203 and
84204 respectively, filed in connection with any elective state
office or ballot measure appearing on the November 1998 ballot.
SEC. 4. Section 84610 of the Government Code is repealed.
84610. There is hereby appropriated from the General Fund of the
state to the Secretary of State the sum of one million one hundred
thousand dollars ($1,100,000) for the purposes of developing the
online and electronic disclosure systems provided by this chapter and
reimbursing local agencies for any costs they incur in the
development of these systems.
SEC. 5. 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.
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