Amended in Senate August 13, 2013

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

(Principal coauthors: Senators Galgiani and Roth)

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, as amended, 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 23 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.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 87500.3 is added to the Government
2Code
, to read:

3

87500.3.  

(a) The Commission may develop and operate an
4online system for filing statements of economic interests required
5by Article 2 (commencing with Section 87200) and Article 3
6(commencing with Section 87300). Consistent with Section
787500.4, the online system shall enable a filer to comply with the
8requirements of this chapter relating to the filing of statements of
9economic interests and shall include, but not be limited to, both
10of the following:

11(1) A means or method whereby a filer may electronically file,
12free of charge, a statement of economic interests that includes an
13electronic transmission that is submitted under penalty of perjury
14in conformity with Section 81004 of this code and subdivision (b)
15of Section 1633.11 of the Civil Code.

16(2) Security safeguards that include firewalls, data encryption,
17secure authentication, and all necessary hardware and software
18and industry best practices to ensure that the security and integrity
19of the data and information contained in each statement of
20economic interests are not jeopardized or compromised.

21(b) (1) A system developed pursuant to subdivision (a) shall
22issue to a person who electronically files his or her statement of
23economic interests, or an amendment to a statement of economic
24interests, an electronic confirmation that notifies the filer that his
25or her statement of economic interests or amendment was received.
26The confirmation shall include the date and the time that the
P3    1statement of economic interests or amendment was received and
2the method by which the filer may view and print the data received.

3(2) A paper copy retained by the filer of a statement of economic
4interests or amendment that was electronically filed and the
5confirmation issued pursuant to paragraph (1) that shows that the
6filer timely filed his or her statement of economic interests or
7amendment shall create a rebuttable presumption that the filer filed
8his or her statement of economic interests or amendment on time.

begin delete

9(c) If the Commission develops an online system pursuant to
10subdivision (a), it shall also develop training and assistance
11programs for state and local filing officers and filers regarding use
12of that system, and shall conduct public hearings to receive input
13 on the implementation of the online system for filing statements
14of economic interests.

end delete
begin insert

15(c) If the Commission develops an online system pursuant to
16subdivision (a), it shall conduct public hearings to receive input
17on the implementation of that system, maintain ongoing
18coordination among affected state and local agencies as necessary,
19and develop training and assistance programs for state and local
20filing officers and filers regarding use of the online system for
21filing statements of economic interests.

end insert

22(d)  begin deleteThe end delete begin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraph (2), the end insert
23Commission may make all the data filed on a system developed
24pursuant to subdivision (a) available on the Commission’s Internet
25Web site in an easily understood format that provides the greatest
26public access, and shall provide assistance to those seeking public
27access to the information.

begin insert

28(2) The Commission shall redact private information, including,
29but not limited to, the signatures of filers, from the data that is
30made available on the Internet pursuant to this subdivision. The
31Commission shall develop and implement a policy regarding
32redaction of private information for the purposes of this paragraph,
33and shall conduct one or more public hearings to receive input on
34the development of that policy.

end insert
begin delete
35

SEC. 2.  

Section 87500.4 is added to the Government Code, to
36read:

37

87500.4.  

(a) If the Commission establishes an online system
38pursuant to Section 87500.3, a person required by Article 2
39(commencing with Section 87200) or Article 3 (commencing with
40Section 87300) to file a statement of economic interests may,
P4    1notwithstanding Section 87500, file the statement electronically
2through the online system established by the Commission.

3(b) (1) If a filer’s filing officer is the Commission, electronic
4filing pursuant to Section 87500.3 satisfies the requirement
5imposed by this chapter to file a statement of economic interests
6with the Commission.

7(2) If a filer’s filing officer is not the Commission, the filing
8officer, notwithstanding Section 87500, may permit a statement
9of economic interests filed electronically with the Commission
10pursuant to Section 87500.3 to satisfy the requirement for the
11statement to be filed with the filing officer.

end delete
12begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 87500.4 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
13read:end insert

begin insert
14

begin insert87500.4.end insert  

(a) If the Commission establishes an online system
15pursuant to Section 87500.3, the Commission shall specify which
16categories of persons described in Section 87500 may file
17statements of economic interests electronically through the online
18system established by the Commission.

19(b) For each category of persons that the Commission, pursuant
20to subdivision (a), specifies may file statements of economic
21interests electronically through the online system established by
22the Commission, both of the following shall apply:

23(1) If the filing officer designated by Section 87500 is the
24Commission, electronic filing of a statement of economic interests
25with the Commission pursuant to Section 87500.3 satisfies the
26requirement imposed by this chapter to file a statement of economic
27interests.

28(2) If the filing officer designated by Section 87500 is not the
29Commission, the designated filing officer, notwithstanding Section
3087500, may determine that electronic filing of a statement of
31economic interests with the Commission pursuant to Section
3287500.3 satisfies the requirement imposed by this chapter to file
33a statement of economic interests. In the event the designated filing
34officer makes that determination, the Commission shall assume
35the duties of the filing officer with respect to each filer who elects
36to file his or her statement of economic interests electronically
37with the Commission. The designated filing officer shall provide
38to the Commission, in a manner prescribed by the Commission,
39the name and contact information for each filer in the filing
40officer’s jurisdiction. The duties assumed by the Commission with
P5    1respect to each filer shall include, but not be limited to, all of the
2following:

3(A) Notifying the filer of his or her filing obligation.

4(B) Receiving the filer’s statement of economic interests.

5(C) Ensuring compliance with filing requirements in the event
6the filer fails to file in a timely manner or is required to amend his
7or her statement of economic interests.

8(c) If the Commission, pursuant to subdivision (a), specifies that
9persons described in subdivision (e) of Section 87500 may file
10statements of economic interests electronically through the online
11system established by the Commission, the Commission shall
12assume the duties of the county clerk with respect to each filer,
13irrespective of whether the filer elects to file his or her statement
14of economic interests electronically with the Commission. The
15county clerk shall provide to the Commission, in a manner
16prescribed by the Commission, the name and contact information
17for each filer in the county clerk’s jurisdiction. The duties assumed
18by the Commission with respect to each filer shall include, but not
19be limited to, all of the following:

20(A) Notifying the filer of his or her filing obligation.

21(B) Receiving the filer’s statement of economic interests.

22(C) Ensuring compliance with filing requirements in the event
23the filer fails to file in a timely manner or is required to amend his
24or her statement of economic interests.

25(d) A person who is required by this chapter to file more than
26one statement of economic interests for each reporting period and
27who is permitted to file his or her statements of economic interests
28with the Commission electronically pursuant to Section 87500.3
29is not required to file a statement of economic interests with any
30other person or agency, except as required by a filing officer other
31than the Commission.

32(e) (1) After the Commission makes an initial determination
33pursuant to subdivision (a) regarding which categories of persons
34described in Section 87500 are permitted to file statements of
35economic interests electronically through the online system
36established by the Commission, the Commission may subsequently
37revise its determination at any time.

38(2) In accordance with Section 87500.3, the Commission shall
39continue to conduct public hearings and receive input on the
40implementation of the online system, and that input shall inform
P6    1any decision by the Commission to revise, pursuant to paragraph
2(1), its determination of which categories of persons described in
3Section 87500 are permitted to file statements of economic interests
4electronically through the online system established by the
5Commission.

end insert
6

SEC. 3.  

The Legislature finds and declares that this bill furthers
7the purposes of the Political Reform Act of 1974 within the
8meaning of subdivision (a) of Section 81012 of the Government
9Code.

10

SEC. 4.  

This act is an urgency statute necessary for the
11immediate preservation of the public peace, health, or safety within
12the meaning of Article IV of the Constitution and shall go into
13immediate effect. The facts constituting the necessity are:

14In order to authorize the Fair Political Practices Commission to
15develop an online system for the filing of statements of economic
16interests at the earliest possible time in order to increase
17transparency in the finances of public officials and guard against
18conflicts of interests, it is necessary that this act take immediate
19effect.



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