BILL ANALYSIS �
AB 409
Page 1
( Without Reference to File )
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)
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|COMMITTEE VOTE: |6-0 |(September 12, |RECOMMENDATION: |concur |
|(E. & R.) | |2013) | | |
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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,
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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
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 SEI;
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 the
confirmation that is retained by the filer, that shows that the
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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 require the
FPPC to provide assistance to those seeking public access to the
information. Require 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 : As part of the PRA's comprehensive scheme to
prevent conflicts of interest by state and local public
officials, existing law identifies certain elected and other
high-level state and local officials who must file SEIs.
Similarly, candidates for those positions must file SEIs.
Other state and local public officials and employees are
required to file SEIs if the position they hold is designated
in an agency's conflict of interest code.
By permitting the FPPC to establish an electronic system for
filing SEIs, the FPPC anticipates that this bill could provide
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significant cost savings to the state by eliminating the staff
time currently spent processing and filing SEIs, providing
public access to paper filings, and manually scanning and
redacting information from SEIs that will be posted on the
FPPC's Web site. Additionally, the FPPC anticipates that an
electronic filing system would significantly reduce
inadvertent errors on SEIs, which would reduce the need to
send correspondence to attempt to correct those inadvertent
errors.
While this bill permits the FPPC to establish an electronic
system for filing SEIs, it would be up to each individual
filer to decide whether to use that system or to file an SEI
on paper. This bill permits the FPPC to make the information
that is filed using the electronic system available on its Web
site, but does not require it to do so.
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. As a
result, this bill was re-referred to the Assembly Elections and
Redistricting Committee pursuant to Assembly Rule 77.2, and the
committee subsequently recommended that the Assembly concur in the
Senate amendments to this bill.
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
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