BILL NUMBER: AB 2691	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 29, 2012
	PASSED THE ASSEMBLY  MAY 10, 2012

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, 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.



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, notwithstanding any other
provision of this code, shall do all of the following:
   (a) Develop online and electronic filing processes for use by
persons and entities specified in 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 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
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 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 may present to the Secretary of
State and the Legislature its comments regarding this chapter as it
relates to the duties of the 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.
  SEC. 3.  Section 84609 of the Government Code is repealed.
  SEC. 4.  Section 84610 of the Government Code is repealed.
  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.