BILL ANALYSIS �
AB 409
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 409 (Quirk-Silva)
As Amended August 29, 2013
2/3 vote. Urgency
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|ASSEMBLY: | |(May 28, 2013) |SENATE: |37-0 |(September 11, |
| | | | | |2013) |
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(vote not relevant)
Original Committee Reference: HIGHER ED.
SUMMARY : Permits the Fair Political Practices Commission (FPPC)
to develop and operate an online system for filing statements of
economic interests (SEIs).
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Permit the FPPC to develop and operate an online system for
filing SEIs as required by the Political Reform Act (PRA).
2)Require the FPPC, if it develops an online system for filing
SEIs pursuant to this bill, to do all of the following:
a) Include the following features in any system it
develops:
i) A method by which a filer can electronically file
his or her SEI free of charge;
ii) Security safeguards, including firewalls, data
encryption, secure authentication, and necessary hardware
and software and industry best practices to ensure the
security and integrity of the information contained in
each SEI; and,
iii) The ability to issue a confirmation to a person who
files his or her SEI using the system, including a
notification of the date and time that the SEI was
received by the FPPC and method for the filer to view and
print the information received.
b) Conduct public hearings on the implementation of the
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system, maintain ongoing coordination among affected state
and local agencies as necessary, and develop training and
assistance programs for filing officers and the filer;
c) Specify the categories of persons that are permitted to
file their SEIs using that system, and, with respect to any
category of filer that it permits to file SEIs using that
system, assume the duties of the filing officer for each
filer within that category of filers upon authorization of
the designated filing officer. With respect to any filing
officer from which the FPPC assumes the duties of that
officer, requires the filing officer to provide the FPPC
with the name and contact information for each filer in the
officer's jurisdiction, and provides that the duties
assumed by the FPPC include the following:
i) Notifying the filer of his or her filing obligation;
ii) Receiving the filer's statement of economic
interests;
iii) Ensuring compliance with filing requirements in the
event the filer fails to file in a timely manner or is
required to amend his or her SEI; and,
iv) Distributing to filing officers copies of the
completed SEI of a person who is required to file more
than one SEI for each period, and who, despite being
authorized to file the SEI with the FPPC electronically,
elects to file the SEI with the FPPC using a paper form.
3)Require the FPPC to notify a filing officer who may be
affected by a determination by the FPPC to authorize a
category of filers to file SEIs electronically no later than
six months before the implementation of that determination, in
order to allow adequate preparation for implementation.
4)Provide that a paper copy of an SEI filed electronically and
of the confirmation that is retained by the filer, and that
shows that the filer timely filed his or her SEI, creates a
rebuttable presumption that the SEI was filed on time.
5)Permit the FPPC to make the data filed using the online system
for filing of SEIs available on its Web site, and requires the
FPPC to provide assistance to those seeking public access to
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the information. Requires the FPPC to redact private
information from the data that is made available on the
Internet, as specified.
6)Provide that a person who is required to file more than one
SEI for each reporting period and who files his or her SEI
with the FPPC electronically is not required to file an SEI
with any other person or agency.
7)Permit the FPPC, after it makes an initial determination
regarding which categories of persons are permitted to file
SEIs electronically through the online system, to revise the
determination at any time, as specified.
8)Add an urgency clause, allowing this bill to take effect
immediately upon enactment.
AS PASSED BY THE ASSEMBLY , this bill required the California
State University Board of Trustees and the California Community
Colleges Board of Governors to convene a task force to evaluate
and report to the Governor and the Legislature how best to serve
the transitional needs of postsecondary student veterans, as
specified, and encouraged the University of California Regents
to participate in the task force.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved provisions of this bill were deleted.
This bill, as amended in the Senate is inconsistent with
Assembly actions.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0002039