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 2⁄3 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: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 87500.3 is added to the Government
2Code, to read:
(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
P3 1interests, an electronic confirmation that notifies the filer that his
2or her statement of economic interests or amendment was received.
3The confirmation shall include the date and the time that
the
4statement of economic interests or amendment was received and
5the method by which the filer may view and print the data received.
6(2) A paper copy retained by the filer of a statement of economic
7interests or amendment that was electronically filed and the
8confirmation issued pursuant to paragraph (1) that shows that the
9filer timely filed his or her statement of economic interests or
10amendment shall create a rebuttable presumption that the filer filed
11his or her statement of economic interests or amendment on time.
12(c) If the Commission develops an online system pursuant to
13subdivision (a), it shall conduct public hearings to receive input
14on the implementation of that system, maintain ongoing
15coordination among affected state and local agencies as necessary,
16and develop
training and assistance programs for state and local
17filing officers and filers regarding use of the online system for
18filing statements of economic interests.
19(d) (1) Except as provided in paragraph (2), the Commission
20may make all the data filed on a system developed pursuant to
21subdivision (a) available on the Commission’s Internet Web site
22in an easily understood format that provides the greatest public
23access, and shall provide assistance to those seeking public access
24to the information.
25(2) The Commission shall redact private information, including,
26but not limited to, the signatures of filers, from the data that is
27made available on the Internet pursuant to this subdivision. The
28Commission shall develop and implement a policy regarding
29redaction of
private information for the purposes of this paragraph,
30and shall conduct one or more public hearings to receive input on
31the development of that policy.
Section 87500.4 is added to the Government Code, to
33read:
(a) If the Commission establishes an online system
35pursuant to Section 87500.3, the Commission shall specify which
36categories of persons described in Section 87500 may file
37statements of economic interests electronically through the online
38system established by the Commission.
39(b) For each category of persons that the Commission, pursuant
40to subdivision (a), specifies may file statements of economic
P4 1interests electronically through the online system established by
2the Commission, both of the following shall apply:
3(1) If the filing officer designated by Section 87500 is the
4Commission, electronic filing of a statement of economic interests
5with the Commission pursuant to
Section 87500.3 satisfies the
6requirement imposed by this chapter to file a statement of economic
7interests.
8(2) If the filing officer designated by Section 87500 is not the
9Commission, the designated filing officer, notwithstanding Section
1087500, may determine that electronic filing of a statement of
11economic interests with the Commission pursuant to Section
1287500.3 satisfies the requirement imposed by this chapter to file
13a statement of economic interests. In the event the designated filing
14officer makes that determination, the Commission shall assume
15the duties of the filing officer with respect to each filer who elects
16to file his or her statement of economic interests electronically
17with the Commission. The designated filing officer shall provide
18to the Commission, in a manner prescribed by the Commission,
19the name and contact information for each filer in the filing
20officer’s jurisdiction. The duties assumed by the Commission with
21respect
to each filer shall include, but not be limited to, all of the
22following:
23(A) Notifying the filer of his or her filing obligation.
24(B) Receiving the filer’s statement of economic interests.
25(C) Ensuring compliance with filing requirements in the event
26the filer fails to file in a timely manner or is required to amend his
27or her statement of economic interests.
28(c)
end delete
29begin insert(b)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertIf the Commission, pursuant to subdivision (a), specifies
30that persons described inbegin delete subdivision (e) ofend delete Section 87500 may
31file statements of economic interests electronically through the
32online system established by the Commission, the Commissionbegin insert,
33upon authorization by the filing officer designated by Section
3487500,end insert shall assume the duties of thebegin delete county clerk with respect to begin insert filing officer for each filer within each
category of filers
35each filerend delete
36authorized to file electronically through the online systemend insert,
37irrespective of whether the filer elects to file his or her statement
38of economic interests electronicallybegin insert or on paperend insert with the
39Commission.begin delete The county clerk shall provide to the Commission, begin insert A filing
40in a manner prescribed by the Commission, the name and contact
P5 1information for each filer in the county clerk’s jurisdiction.end delete
2officer who does not authorize the Commission to assume his or
3her duties as described in this paragraph shall continue to perform
4the duties prescribed in Section 81010.end insert
Thebegin insert filing officerend insert duties
5assumed by the Commission with respect to each filerbegin insert in each
6authorized categoryend insert shall include, but not be limited to, all of the
7following:
8(A) Notifying the filer of his or her filing obligation.
9(B) Receiving the filer’s statement of economic interests.
10(C) Ensuring compliance with filing requirements in the event
11the filer fails to file in a timely manner or is required to amend his
12or her statement of economic interests.
13(D) Distributing to filing officers copies of the completed
14statement of economic interests of a person who is required by
15this chapter to file more than one statement of economic interests
16for each period, and who, despite being authorized to file the
17statement with the Commission electronically, elects to file the
18statement with the Commission using a paper form.
19(2) If the Commission assumes the duties of a filing officer
20pursuant to this subdivision, the filing officer whose duties are
21assumed shall provide to the Commission, in a manner prescribed
22by the Commission, the name and contact information for each
23filer in the filing officer’s jurisdiction.
24(c) The Commission shall notify a filing officer who may be
25affected by a determination of the Commission pursuant to this
26section to authorize a category of filers to
file electronically, no
27later than six months before the implementation of that
28determination, in order to allow adequate preparation for
29implementation.
30(d) A person who is required by this chapter to file more than
31one statement of economic interests for each reporting period and
32whobegin delete is permitted to fileend deletebegin insert filesend insert his or her statements of economic
33interests with the Commission electronicallybegin insert after being authorized
34to do soend insert
pursuant to Section 87500.3 is not required to file a
35statement of economic interests with any other person orbegin delete agency,
36except as required by a filing officer other than the Commission.end delete
37begin insert
agency. If a filer authorized to file electronically with the
38Commission files with the Commission on paper, the Commission
39shall distribute copies of the statement to any other filing officers
40pursuant to subparagraph (D) of paragraph (1) of subdivision (b).end insert
P6 1(e) (1) After the Commission makes an initial determination
2pursuant to subdivision (a) regarding which categories of persons
3described in Section 87500 are permitted to file statements of
4economic interests electronically through the online system
5established by the Commission, the Commission may subsequently
6revise its determination at any time.
7(2) In accordance with Section 87500.3, the Commission shall
8continue to conduct public hearings and receive input on the
9implementation of the online system, and that
input shall inform
10any decision by the Commission to revise, pursuant to paragraph
11(1), its determination of which categories of persons described in
12Section 87500 are permitted to file statements of economic interests
13electronically through the online system established by the
14Commission.
The Legislature finds and declares that this bill furthers
16the purposes of the Political Reform Act of 1974 within the
17meaning of subdivision (a) of Section 81012 of the Government
18Code.
This act is an urgency statute necessary for the
20immediate preservation of the public peace, health, or safety within
21the meaning of Article IV of the Constitution and shall go into
22immediate effect. The facts constituting the necessity are:
23In order to authorize the Fair Political Practices Commission to
24develop an online system for the filing of statements of economic
25interests at the earliest possible time in order to increase
26transparency in the finances of public officials and guard against
27conflicts of interests, it is necessary that this act take immediate
28effect.
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