Amended in Senate June 25, 2013

Amended in Assembly April 15, 2013

Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 409


Introduced by Assembly Member Quirk-Silva

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(Coauthors: Assembly Members Fox, Jones-Sawyer, Levine, and Weber)

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(Principal coauthors: Senators Galgiani and Roth)

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February 15, 2013


begin deleteAn act to add and repeal Section 69785.5 of the Education Code, relating to student veterans. end deletebegin insertAn 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.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 409, as amended, Quirk-Silva. begin deleteStudent veterans: services. end deletebegin insertPolitical Reform Act of 1974: statements of economic interests: online filing.end insert

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(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.

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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.

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(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 23 vote of each house and compliance with specified procedural requirements.

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This bill would declare that it furthers the purposes of the act.

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(3) This bill would declare that it is to take effect immediately as an urgency statute.

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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.

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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.

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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.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 87500.3 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

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3

begin insert87500.3.end insert  

(a) The Commission may develop and operate an
4online system for filing statements of economic interests required
P3    1by Article 2 (commencing with Section 87200) and Article 3
2(commencing with Section 87300). Consistent with Section 87500.4,
3the online system shall enable a filer to comply with the
4requirements of this chapter relating to the filing of statements of
5economic interests and shall include, but not be limited to, both
6of the following:

7(1) A means or method whereby a filer may electronically file,
8free of charge, a statement of economic interests that includes an
9electronic transmission that is submitted under penalty of perjury
10in conformity with Section 81004 of this code and subdivision (b)
11of Section 1633.11 of the Civil Code.

12(2) Security safeguards that include firewalls, data encryption,
13secure authentication, and all necessary hardware and software
14and industry best practices to ensure that the security and integrity
15of the data and information contained in each statement of
16economic interests are not jeopardized or compromised.

17(b) (1) A system developed pursuant to subdivision (a) shall
18issue to a person who electronically files his or her statement of
19economic interests, or an amendment to a statement of economic
20interests, an electronic confirmation that notifies the filer that his
21or her statement of economic interests or amendment was received.
22The confirmation shall include the date and the time that the
23statement of economic interests or amendment was received and
24the method by which the filer may view and print the data received.

25(2) A paper copy retained by the filer of a statement of economic
26interests or amendment that was electronically filed and the
27confirmation issued pursuant to paragraph (1) that shows that the
28filer timely filed his or her statement of economic interests or
29amendment shall create a rebuttable presumption that the filer
30filed his or her statement of economic interests or amendment on
31time.

32(c) If the Commission develops an online system pursuant to
33subdivision (a), it shall also develop training and assistance
34programs for state and local filing officers and filers regarding
35use of that system, and shall conduct public hearings to receive
36input on the implementation of the online system for filing
37statements of economic interests.

38(d) The Commission may make all the data filed on a system
39developed pursuant to subdivision (a) available on the
40Commission’s Internet Web site in an easily understood format
P4    1that provides the greatest public access, and shall provide
2assistance to those seeking public access to the information.

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begin insertSEC. 2.end insert  

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begin insertSection 87500.4 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
4read:end insert

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5

begin insert87500.4.end insert  

(a) If the Commission establishes an online system
6pursuant to Section 87500.3, a person required by Article 2
7(commencing with Section 87200) or Article 3 (commencing with
8Section 87300) to file a statement of economic interests may,
9notwithstanding Section 87500, file the statement electronically
10through the online system established by the Commission.

11(b) (1) If a filer’s filing officer is the Commission, electronic
12filing pursuant to Section 87500.3 satisfies the requirement
13imposed by this chapter to file a statement of economic interests
14with the Commission.

15(2) If a filer’s filing officer is not the Commission, the filing
16officer, notwithstanding Section 87500, may permit a statement
17of economic interests filed electronically with the Commission
18pursuant to Section 87500.3 to satisfy the requirement for the
19statement to be filed with the filing officer.

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begin insertSEC. 3.end insert  

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The Legislature finds and declares that this bill furthers
21the purposes of the Political Reform Act of 1974 within the meaning
22of subdivision (a) of Section 81012 of the Government Code.

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begin insertSEC. 4.end insert  

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This act is an urgency statute necessary for the
24immediate preservation of the public peace, health, or safety within
25the meaning of Article IV of the Constitution and shall go into
26immediate effect. The facts constituting the necessity are:

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27In order to authorize the Fair Political Practices Commission
28to develop an online system for the filing of statements of economic
29interests at the earliest possible time in order to increase
30transparency in the finances of public officials and guard against
31conflicts of interests, it is necessary that this act take immediate
32effect.

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33

SECTION 1.  

Section 69785.5 is added to the Education Code,
34to read:

35

69785.5.  

(a) On or before June 30, 2014, the Board of
36Governors of the California Community Colleges and the Trustees
37of the California State University shall convene, and the Regents
38of the University of California are encouraged to participate in, a
39task force to develop a report relating to student veterans’ transition
40to postsecondary education.

P5    1(b) The task force shall address specific issues related to student
2veterans’ transition to postsecondary education, which shall
3include, but is not limited to, all of the following:

4(1) A review of the best practices for meeting the needs of
5student veterans and ensuring that all campuses offer veterans’
6counseling services.

7(2) An evaluation on how California Community Colleges, the
8California State University, and the University of California
9currently assist student veterans in understanding the effects of
10postwar stress, posttraumatic stress disorder, and traumatic brain
11injuries.

12(3) An evaluation of the existing resources offered to veterans
13and ways to ensure that veterans are aware of these resources.

14(4) An assessment on whether additional services for veterans
15are needed, such as an online course addressing postwar effects
16on veterans.

17(c) The final report shall be completed on or before January 10,
182015, and a copy shall be provided to the Governor and the
19Legislature on or before that date.

20(d) The report to be submitted pursuant to this section shall be
21submitted in compliance with Section 9795 of the Government
22Code.

23(e) This section shall remain in effect only until January 1, 2019,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2019, deletes or extends that date.

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