BILL NUMBER: SB 3 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2013
AMENDED IN SENATE MARCH 14, 2013
INTRODUCED BY Senators Yee and Lieu
( Coauthors: Assembly Members
Pan and Ting )
DECEMBER 3, 2012
An act to amend Sections 84100, 84101, 84103, 84108, 84200.6,
84203, 84203.3, 84204, 84215, 84220, 84300, 84602, 84605, and 91013
of, to amend and renumber Sections 82036 and 82036.5 of, and to add
Sections 84202.8, 84202.9, and Section
84620 to, the Government Code, relating to the Political Reform Act
of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 3, as amended, Yee. Political Reform Act of 1974.
(1) Existing law, the Political Reform Act of 1974, provides for
the comprehensive regulation of campaign financing, including
requiring the reporting of campaign contributions and expenditures,
as defined, and imposing other reporting and recordkeeping
requirements on campaign committees, as defined. A violation of the
act's provisions is punishable as a misdemeanor.
This bill would revise the terms "late contribution" and "late
independent expenditure," as defined in the act, to "election-cycle
contribution" and "election-cycle independent expenditure,"
respectively, and would make conforming changes.
The bill would also increase the fines and penalties imposed for
campaign statements and reports that are filed late.
(2) The act requires each committee to file a statement of
organization within 10 days of becoming a committee. The act also
requires a committee to file an amended statement of organization
whenever there is a change to the information contained in the
statement of organization. The act requires certain committees to
file the original statement with the Secretary of State and a copy to
be filed with the local filing officer. The act requires the
Secretary of State to forward a copy of the statement of organization
to the county elections official, and for the county elections
official to forward a copy to appropriate city clerks. The act
requires the Secretary of State, in consultation with the Commission,
to develop online and electronic filing processes for specified
entities.
This bill would require that the statement and any amendments be
filed with the Secretary of State by online or electronic means. The
bill would reduce the time in which the statement of organization
must be filed to 5 days. The bill would authorize a committee to
satisfy the local filing requirement by online or electronic means if
the local filing officer accepts filing by online or electronic
means. This bill would specify that the Secretary of State and the
county elections officials forward copies of the statement or
organization by online or electronic means.
This bill would also require the Secretary of State to
work toward the development of develop a single,
statewide electronic filing system that consolidates the filing of
all state and local campaign statements and reports into one
searchable database that meets specified criteria. The bill would
require the Secretary of State to develop a feasibility study report
for the electronic filing system by December 31, 2014, to develop a
funding plan, to engage in fundraising, and to complete work on the
electronic filing system by December 31, 2018.
(3) The act requires each committee to have a designated treasurer
who is identified in the statement of organization. A committee may
not make an expenditure without the authorization of the treasurer.
This bill would require a treasurer for a committee or committees
that have made cumulative contributions or expenditures in excess of
$250,000 to complete an online certification course, designed and
administered by the Commission, that addresses the statutes and
regulations governing the financing of campaigns and the duties and
responsibilities of a treasurer within 20 business days after being
designated as the treasurer, or within 20 business days of exceeding
the $250,000 threshold if the committees have not exceeded the
threshold at the time the treasurer is designated. The bill would
require the treasurer to make certain verifications under penalty of
perjury. By creating a new crime, this bill would impose a
state-mandated local program.
(4) The act requires a committee to file certain special campaign
statements, in addition to semi-annual and preelection campaign
statements. The act requires certain officers to file these
statements by online or electronic means and a copy in paper format
with the Secretary of State.
This bill would establish a postelection campaign statement that
elected officers, candidates, and committees would be required to
file after an election covering a time period starting on the day
after the closing date of the last campaign statement required to be
filed prior to the election and ending on the final calendar day of
the month in which the election occurred. The bill would also
establish a cumulative campaign statement to be filed by certain
officers, candidates, and committees after an election that occurs in
an even-numbered year that covers a time period of 2 calendar years.
The bill would require the Fair Political Practices Commission to
adopt regulations with respect to filing cumulative campaign
statements for special elections and elections in odd-numbered years.
This bill would repeal the requirement that a committee file a
paper copy of a campaign statement in addition to the online or
electronic filing.
(5) The act requires certain reports, such as late contribution
and late independent expenditure reports, to be filed within 24 hours
by facsimile transmission, guaranteed overnight delivery, or
personal delivery.
This bill would additionally authorize certain reports that have a
24-hour filing deadline to be filed by online transmission.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(7) 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.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 82036 of the Government Code is amended and
renumbered to read:
82022.5. "Election-cycle contribution" means any of the
following:
(a) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a candidate, a controlled committee, or a committee formed or
existing primarily to support or oppose a candidate or measure within
90 days before the date of the election at which the candidate or
measure is to be voted on. For purposes of the Board of
Administration of the Public Employees' Retirement System and the
Teachers' Retirement Board, "the date of the election" is the
deadline to return ballots.
(b) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a political party committee, as defined in Section 85205, within 90
days before the date of a state election.
SEC. 2. Section 82036.5 of the Government Code is amended and
renumbered to read:
82022.7. "Election-cycle independent expenditure" means an
independent expenditure that totals in the aggregate one thousand
dollars ($1,000) or more and is made for or against a specific
candidate or measure involved in an election within 90 days before
the date of the election. For purposes of the Board of Administration
of the Public Employees' Retirement System and the Teachers'
Retirement Board, "the date of the election" is the deadline to
return ballots.
SEC. 3. Section 84100 of the Government Code is amended to read:
84100. (a) Every committee shall have a treasurer. No expenditure
shall be made by or on behalf of a committee without the
authorization of the treasurer or that of his or her designated
agents. No contribution or expenditure shall be accepted or made by
or on behalf of a committee at a time when there is a vacancy in the
office of treasurer.
(b) (1) Prior to being designated as a treasurer pursuant to
Section 84102 or 84103, or not later than 20 business days after that
designation, a treasurer who serves as a treasurer for one or more
committees that have made cumulative contributions or expenditures in
excess of two hundred fifty thousand dollars ($250,000) shall
complete an online certification course, designed and administered by
the Commission, that addresses the statutes and regulations
governing the financing of campaigns, and the duties and
responsibilities of a treasurer, under this title. If the cumulative
contributions or expenditures for a treasurer's committees are two
hundred fifty thousand dollars ($250,000) or less at the time the
treasurer is designated as treasurer for a committee, that treasurer
shall be required to complete the online certification course within
20 business days after the date upon which the contributions or
expenditures of the committee or committees exceed two hundred fifty
thousand dollars ($250,000). The course shall require each applicant
for certification to verify, under penalty of perjury, his or her
identity by means of an identifier determined by the Commission.
(2) The Commission may charge each applicant for certification
pursuant to this subdivision a fee not to exceed fifty dollars ($50).
The fee may be paid with, or reimbursed from, campaign funds, as
defined in Section 89511.
(3) Each treasurer shall verify, under penalty of perjury, on a
statement of organization required by Section 84101, or on an
amendment to a statement of organization required by Section 84103,
that he or she has been certified pursuant to this subdivision.
(4) A treasurer shall renew his or her certification pursuant to
this subdivision every two years.
(5) The Commission shall maintain on its Internet Web site a list
of treasurers who are currently certified pursuant to this
subdivision.
SEC. 4. Section 84101 of the Government Code is amended to read:
84101. (a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the statement of organization
by online or electronic means with the Secretary of State, pursuant
to Chapter 4.6 (commencing with Section 84600), and shall also file a
copy of the statement of organization with the local filing officer,
if any, with whom the committee is required to file the originals of
its campaign reports pursuant to Section 84215. A committee may
satisfy the local filing requirement by online or electronic means if
the local filing officer accepts filing by online or electronic
means. The statement of organization shall be filed within five days
after the committee has qualified as a committee. The Secretary of
State shall assign a number to each committee that files a statement
of organization and shall notify the committee of the number. The
Secretary of State shall send a copy of statements filed pursuant to
this section to the county elections official of each county that he
or she deems appropriate by online or electronic means. A county
elections official who receives a copy of a statement of organization
from the Secretary of State pursuant to this section shall send a
copy of the statement to the clerk of each city in the county that he
or she deems appropriate by online or electronic means.
(b) In addition to filing the statement of organization as
required by subdivision (a), if a committee qualifies as a committee
under subdivision (a) of Section 82013 before the date of an election
in connection with which the committee is required to file a
preelection statement, but after the closing date of the last
campaign statement required to be filed before the election pursuant
to Section 84200.7, 84200.8, or 84200.9, the committee shall file, by
facsimile transmission, guaranteed overnight delivery, personal
delivery, or online transmission within 24 hours of qualifying as a
committee, the information required to be reported in the statement
of organization. The information required by this subdivision shall
be filed with the filing officer with whom the committee is required
to file the originals of its campaign reports pursuant to Section
84215.
(c) If an independent expenditure committee qualifies as a
committee pursuant to subdivision (a) of Section 82013 during the
time period described in Section 82022.7 and makes independent
expenditures of one thousand dollars ($1,000) or more to support or
oppose a candidate or candidates for office, the committee shall
file, by facsimile transmission, online transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported in
the statement of organization. The information required by this
section shall be filed with the filing officer with whom the
committee is required to file the original of its campaign reports
pursuant to Section 84215, and shall be filed at all locations
required for the candidate or candidates supported or opposed by the
independent expenditures. The filings required by this section are in
addition to filings that may be required by Sections 84203.5 and
84204.
(d) For purposes of this section, in calculating whether one
thousand dollars ($1,000) in contributions has been received,
payments for a filing fee or for a statement of qualifications to
appear in a sample ballot shall not be included if these payments
have been made from the candidate's personal funds.
SEC. 5. Section 84103 of the Government Code is amended to read:
84103. (a) Whenever there is a change in any of the information
contained in a statement of organization, an amendment shall be filed
within 10 days to reflect the change. The committee shall file the
amendment with the Secretary of State by online or electronic means
and shall also file a copy of the amendment with the local filing
officer, if any, with whom the committee is required to file the
originals of its campaign reports pursuant to Section 84215.
(b) In addition to filing an amendment to a statement of
organization as required by subdivision (a), a committee as defined
in subdivision (a) of Section 82013 shall, by facsimile transmission,
online transmission, guaranteed overnight delivery, or personal
delivery within 24 hours, notify the filing officer with whom it is
required to file its campaign reports pursuant to Section 84215 when
the change requiring the amendment occurs before the date of the
election in connection with which the committee is required to file a
preelection statement, but after the closing date of the last
preelection statement required to be filed for the election pursuant
to Section 84200.7 or 84200.8, if any of the following information is
changed:
(1) The name of the committee.
(2) The name of the treasurer or other principal officers.
(3) The name of any candidate or committee by which the committee
is controlled or with which it acts jointly.
The notification shall include the changed information, the date
of the change, the name of the person providing the notification, and
the committee's name and identification number.
A committee may file a notification online only if the appropriate
filing officer is capable of receiving the notification in that
manner.
SEC. 6. Section 84108 of the Government Code is amended to read:
84108. (a) Every slate mailer organization shall comply with the
requirements of Sections 84100, 84101, 84103, and 84104.
(b) The statement of organization of a slate mailer organization
shall include:
(1) The name, street address, and telephone number of the
organization. In the case of an individual or business entity that
qualifies as a slate mailer organization, the name of the slate
mailer organization shall include the name by which the individual or
entity is identified for legal purposes. Whenever identification of
a slate mailer organization is required by this title, the
identification shall include the full name of the slate mailer
organization as contained in its statement of organization.
(2) The full name, street address, and telephone number of the
treasurer and other principal officers.
(3) The full name, street address, and telephone number of each
person with final decisionmaking authority as to which candidates or
measures will be supported or opposed in the organization's slate
mailers.
(c) The statement of organization shall be filed with the
Secretary of State within 10 days after the slate mailer organization
receives or is promised five hundred dollars ($500) or more for
producing one or more slate mailers. However, if an entity qualifies
as a slate mailer organization before the date of an election in
which it is required to file preelection statements, but after the
closing date of the last campaign statement required to be filed
before the election pursuant to Section 84218, the slate mailer
organization shall file with the Secretary of State, by facsimile
transmission, guaranteed overnight delivery, online transmission, or
personal delivery within 24 hours of qualifying as a slate mailer
organization, the information required to be reported in the
statement of organization.
SEC. 7. Section 84200.6 of the Government Code is amended to read:
84200.6. In addition to the campaign statements required by
Sections 84200 and 84200.5, all candidates and committees shall file
the following special statements and reports:
(a) Supplemental preelection statements when required by Section
84202.5.
(b) Postelection campaign statements when required by Section
84202.8.
(c) Cumulative campaign statements when required by Section
84202.9.
(d) "Election-cycle
(b) Election-cycle contribution
reports when required by Section 84203.
(e)
(c) Independent expenditure reports when required by
Section 84203.5.
(f) "Election-cycle
(d) Election-cycle independent
expenditure reports when required by Section 84204.
SEC. 8. Section 84202.8 is added to the
Government Code, to read:
84202.8. In addition to the campaign statements required by
Section 84200 and 84200.5, elected officers, candidates, and
committees shall file a postelection campaign statement on the 20th
day of the month following the month in which the election occurred.
The postelection campaign statement shall cover the time period
starting the day after the closing date of the last campaign
statement required to be filed prior to the election and ending the
final calendar day of the month in which the election occurred.
SEC. 9. Section 84202.9 is added to the
Government Code, to read:
84202.9. (a) During an even-numbered year, all candidates for
elective office to be voted upon in the statewide primary election or
statewide general election, their controlled committees, committees
formed primarily to support or oppose an elected state officer or
candidate for state elective office being voted upon, and all
committees formed primarily to support or oppose a ballot measure to
be voted upon at the statewide primary election or statewide general
election shall file a cumulative campaign statement. The cumulative
campaign statement shall be filed by January 31 of the year following
the year of the election and shall cover the time period starting
January 1 of the odd-numbered year preceding the election and ending
December 31 of the year in which the election occurred.
(b) For purposes of special elections and elections in
odd-numbered years, all candidates, their controlled committees, and
committees primarily formed to support or oppose a candidate or
ballot measure shall be required to file cumulative campaign
statements on a date and for a time period determined by the
Commission by regulation.
SEC. 10. SEC. 8. Section 84203 of
the Government Code is amended to read:
84203. (a) Each candidate or committee that makes or receives an
election-cycle contribution, as defined in Section 82022.5, shall
report the election-cycle contribution to each office with which the
candidate or committee is required to file its next campaign
statement pursuant to Section 84215. The candidate or committee that
makes the election-cycle contribution shall report his or her full
name and street address and the full name and street address of the
person to whom the election-cycle contribution has been made, the
office sought if the recipient is a candidate, or the ballot measure
number or letter if the recipient is a committee primarily formed to
support or oppose a ballot measure, and the date and amount of the
election-cycle contribution. The recipient of the election-cycle
contribution shall report his or her full name and street address,
the date and amount of the election-cycle contribution, and whether
the contribution was made in the form of a loan. The recipient shall
also report the full name of the contributor, his or her street
address, occupation, and the name of his or her employer, or if
self-employed, the name of the business.
(b) An election-cycle contribution shall be reported by facsimile
transmission, guaranteed overnight delivery, online transmission, or
personal delivery within 24 hours of the time it is made in the case
of the candidate or committee that makes the contribution and within
24 hours of the time it is received in the case of the recipient. If
an election-cycle contribution is required to be reported to the
Secretary of State, the report to the Secretary of State shall be by
online or electronic transmission only. An election-cycle
contribution shall be reported on subsequent campaign statements
without regard to reports filed pursuant to this section.
(c) An election-cycle contribution need not be reported nor shall
it be deemed accepted if it is not cashed, negotiated, or deposited
and is returned to the contributor within 24 hours of its receipt.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this chapter.
(e) The report required pursuant to this section is not required
to be filed by a candidate or committee that has disclosed the
election-cycle contribution pursuant to subdivision (a) or (b) of
Section 85309.
SEC. 11. SEC. 9. Section 84203.3 of
the Government Code is amended to read:
84203.3. (a) Any candidate or committee that makes an
election-cycle contribution that is a nonmonetary contribution shall
notify the recipient in writing of the value of the nonmonetary
contribution. The notice shall be received by the recipient within 24
hours of the time the contribution is made.
(b) Nothing in this section shall relieve a candidate or committee
that makes an election-cycle nonmonetary contribution or the
recipient of an election-cycle nonmonetary contribution from the
requirement to file election-cycle contribution reports pursuant to
Section 84203. However, a report filed by the recipient of an
election-cycle nonmonetary contribution shall be deemed timely filed
if it is received by the filing officer within 48 hours of the time
the contribution is received.
SEC. 12. SEC. 10. Section 84204 of
the Government Code is amended to read:
84204. (a) A committee that makes an election-cycle independent
expenditure, as defined in Section 82022.7, shall report the
election-cycle independent expenditure by facsimile transmission,
guaranteed overnight delivery, online transmission, or personal
delivery within 24 hours of the time it is made. If an election-cycle
independent expenditure is required to be reported to the Secretary
of State, the report to the Secretary of State shall be by online or
electronic transmission only. An election-cycle independent
expenditure shall be reported on subsequent campaign statements
without regard to reports filed pursuant to this section.
(b) A committee that makes an election-cycle independent
expenditure shall report its full name and street address, as well as
the name, office, and district of the candidate if the report is
related to a candidate, or if the report is related to a measure, the
number or letter of the measure, the jurisdiction in which the
measure is to be voted upon, and the amount and the date, as well as
a description of goods or services for which the election-cycle
independent expenditure was made. In addition to the information
required by this subdivision, a committee that makes an
election-cycle independent expenditure shall include with its
election-cycle independent expenditure report the information
required by paragraphs (1) to (5), inclusive, of subdivision (f) of
Section 84211, covering the period from the day after the closing
date of the last campaign report filed to the date of the
election-cycle independent expenditure, or if the committee has not
previously filed a campaign statement, covering the period from the
previous January 1 to the date of the election-cycle independent
expenditure. No information required by paragraphs (1) to (5),
inclusive, of subdivision (f) of Section 84211 that is required to be
reported with an election-cycle independent expenditure report by
this subdivision is required to be reported on more than one
election-cycle independent expenditure report.
(c) A committee that makes an election-cycle independent
expenditure shall file an election-cycle independent expenditure
report in the places where it would be required to file campaign
statements under this article as if it were formed or existing
primarily to support or oppose the candidate or measure for or
against which it is making the election-cycle independent
expenditure.
(d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this article.
(e) Expenditures that have been disclosed by candidates and
committees pursuant to Section 85500 are not required to be disclosed
pursuant to this section.
SEC. 13. SEC. 11. Section 84215 of
the Government Code is amended to read:
84215. All candidates and elected officers and their controlled
committees, except as provided in subdivisions (d) and (e), shall
file one copy of the campaign statements required by Section 84200
with the elections official of the county in which the candidate or
elected official is domiciled, as defined in subdivision (b) of
Section 349 of the Elections Code. In addition, campaign statements
shall be filed at the following places:
(a) Statewide elected officers, including members of the State
Board of Equalization; Members of the Legislature; Supreme Court
justices, court of appeal justices, and superior court judges;
candidates for those offices and their controlled committees;
committees formed or existing primarily to support or oppose these
candidates, elected officers, justices and judges, or statewide
measures, or the qualification of state ballot measures; and all
state general purpose committees and filers not specified in
subdivisions (b) to (e), inclusive, shall file a campaign statement
by online or electronic means, as specified in Section 84605, with
the Secretary of State.
(b) Elected officers in jurisdictions other than legislative
districts, State Board of Equalization districts, or appellate court
districts that contain parts of two or more counties, candidates for
these offices, their controlled committees, and committees formed or
existing primarily to support or oppose candidates or local measures
to be voted upon in one of these jurisdictions shall file the
original and one copy with the elections official of the county with
the largest number of registered voters in the jurisdiction.
(c) County elected officers, candidates for these offices, their
controlled committees, committees formed or existing primarily to
support or oppose candidates or local measures to be voted upon in
any number of jurisdictions within one county, other than those
specified in subdivision (d), and county general purpose committees
shall file the original and one copy with the elections official of
the county.
(d) City elected officers, candidates for city office, their
controlled committees, committees formed or existing primarily to
support or oppose candidates or local measures to be voted upon in
one city, and city general purpose committees shall file the original
and one copy with the clerk of the city and are not required to file
with the local elections official of the county in which they are
domiciled.
(e) Elected members of the Board of Administration of the Public
Employees' Retirement System, elected members of the Teachers'
Retirement Board, candidates for these offices, their controlled
committees, and committees formed or existing primarily to support or
oppose these candidates or elected members shall file the original
and one copy with the Secretary of State, and a copy shall be filed
at the relevant board's office in Sacramento. These elected officers,
candidates, and committees need not file with the elections official
of the county in which they are domiciled.
(f) Notwithstanding any other provision of this section, a
committee, candidate, or elected officer is not required to file more
than the original and one copy, or one copy, of a campaign statement
with any one county elections official or city clerk or with the
Secretary of State.
(g) If a committee is required to file campaign statements
required by Section 84200 or 84200.5 in places designated in
subdivisions (a) to (d), inclusive, it shall continue to file these
statements in those places, in addition to any other places required
by this title, until the end of the calendar year.
(h) If a jurisdiction authorizes the use of filing by online or
electronic means and a committee, candidate, or elected officer files
the campaign statement by online or electronic means, then the
committee, candidate, or elected officer shall not be required to
file an original or copy of a campaign statement in paper format,
unless otherwise required by statute or local ordinance.
SEC. 14. SEC. 12. Section 84220 of
the Government Code is amended to read:
84220. If a slate mailer organization receives a payment of two
thousand five hundred dollars ($2,500) or more for purposes of
supporting or opposing any candidate or ballot measure in a slate
mailer, and the payment is received at a time when, if the payment
were a contribution it would be considered an election-cycle
contribution, then the slate mailer organization shall report the
payment in the manner set forth in Section 84203 for candidates and
committees when reporting election-cycle contributions received. The
slate mailer organization shall, in addition to reporting the
information required by Section 84203, identify the candidates or
measures whose support or opposition is being paid for, in whole or
in part, by each election-cycle payment.
SEC. 15. SEC. 13. Section 84300 of
the Government Code is amended to read:
84300. (a) No contribution of one hundred dollars ($100) or more
shall be made or received in cash.
A cash contribution shall not be deemed received if it is not
negotiated or deposited and is returned to the contributor before the
closing date of the campaign statement on which the contribution
would otherwise be reported. If a cash contribution, other than an
election-cycle contribution, as defined in Section 82022.5, is
negotiated or deposited, it shall not be deemed received if it is
refunded within 72 hours of receipt. In the case of an election-cycle
contribution, as defined in Section 82022.5, it shall not be deemed
received if it is returned to the contributor within 48 hours of
receipt.
(b) No expenditure of one hundred dollars ($100) or more shall be
made in cash.
(c) No contribution of one hundred dollars ($100) or more other
than an in-kind contribution shall be made unless in the form of a
written instrument containing the name of the donor and the name of
the payee and drawn from the account of the donor or the
intermediary, as defined in Section 84302.
(d) The value of all in-kind contributions of one hundred dollars
($100) or more shall be reported in writing to the recipient upon the
request in writing of the recipient.
SEC. 16. SEC. 14. Section 84602 of
the Government Code is amended to read:
84602. To implement the Legislature's intent, the Secretary of
State, in consultation with the Commission, notwithstanding any other
provision of this code, shall do all of the following:
(a) Develop online and electronic filing processes for use by persons
and entities specified in Section 84605 that are required to file
statements and reports with the Secretary of State's office pursuant
to Chapter 4 (commencing with Section 84100) and Chapter 6
(commencing with Section 86100). Those processes shall each enable a
user to comply with all the disclosure requirements of this title and
shall include, at a minimum, the following:
(1) A means or method whereby filers subject to this chapter may
submit required filings free of charge. Any means or method developed
pursuant to this provision shall not provide any additional or
enhanced functions or services that exceed the minimum requirements
necessary to fulfill the disclosure provisions of this title. At
least one means or method shall be made available no later than
December 31, 2002.
(2) The definition of a nonproprietary standardized record format
or formats using industry standards for the transmission of the data
that is required of those persons and entities specified in
Section 84605 and that conforms with the disclosure
requirements of this title. The Secretary of State shall hold public
hearings prior to development of the record format or formats as a
means to ensure that affected entities have an opportunity to provide
input into the development process. The format or formats shall be
made public no later than July 1, 1999, to ensure sufficient time to
comply with this chapter.
(b) Accept test files from software vendors and others wishing to
file reports electronically, for the purpose of determining whether
the file format is in compliance with the standardized record format
developed pursuant to subdivision (a) and is compatible with the
Secretary of State's system for receiving the data. A list of the
software and service providers who have submitted acceptable test
files shall be published by the Secretary of State and made available
to the public. Acceptably formatted files shall be submitted by a
filer in order to meet the requirements of this chapter.
(c) Develop a system that provides for the online or electronic
transfer of the data specified in this section utilizing
telecommunications technology that assures
ensures the integrity of the data transmitted and that creates
safeguards against efforts to tamper with or subvert the data.
(d) Make all the data filed available on the Internet in an easily
understood format that provides the greatest public access. The data
shall be made available free of charge and as soon as possible after
receipt. All election-cycle contribution and election-cycle
independent expenditure reports, as defined by Sections 84203 and
84204, respectively, shall be made available on the Internet within
24 hours of receipt. The data made available on the Internet shall
not contain the street name and building number of the persons or
entity representatives listed on the electronically filed forms or
any bank account number required to be disclosed pursuant to this
title.
(e) Develop a procedure for filers to comply with the requirement
that they sign under penalty of perjury pursuant to Section 81004.
(f) Maintain all filed data online for 10 years after the date it
is filed, and then archive the information in a secure format.
(g) Provide assistance to those seeking public access to the
information.
(h) Implement sufficient technology to seek to prevent
unauthorized alteration or manipulation of the data.
(i) Provide the Commission with necessary information to enable it
to assist agencies, public officials, and others with the compliance
with and administration of this title.
(j) Report to the Legislature on the implementation and
development of the online and electronic filing and disclosure
requirements of this chapter. The report shall include an examination
of system security, private security issues, software availability,
compliance costs to filers, use of the filing system and software
provided by the Secretary of State, and other issues relating to this
chapter, and shall recommend appropriate changes if necessary. In
preparing the report, the Commission may present to the Secretary of
State and the Legislature its comments regarding this chapter as it
relates to the duties of the Commission and suggest appropriate
changes if necessary. There shall be one report due before the system
is operational as set forth in Section 84603, one report due no
later than June 1, 2002, and one report due no later than January 31,
2003.
(k) Review the current filing and disclosure requirements of this
chapter and report to the Legislature, no later than June 1, 2005,
recommendations on revising these requirements so as to promote
greater reliance on electronic and online submissions.
SEC. 17. SEC. 15. Section 84605 of
the Government Code is amended to read:
84605. (a) The following persons shall file online or
electronically with the Secretary of State:
(1) Any candidate, including superior court, appellate court, and
Supreme Court candidates and officeholders, committee, or other
persons who are required, pursuant to Chapter 4 (commencing with
Section 84100), to file statements, reports, or other documents in
connection with a state elective office or state measure, provided
that the total cumulative reportable amount of contributions
received, expenditures made, loans made, or loans received is
twenty-five thousand dollars ($25,000) or more. In determining the
cumulative reportable amount, all controlled committees, as defined
by Section 82016, shall be included. For a committee subject to this
title prior to January 1, 2000, the beginning date for calculating
cumulative totals is January 1, 2000. For a committee that is first
subject to this title on or after January 1, 2000, the beginning date
for calculating cumulative totals is the date the committee is first
subject to this title. A committee, as defined in subdivision (c) of
Section 82013, shall file online or electronically if it makes
contributions of twenty-five thousand dollars ($25,000) or more in a
calendar year.
(2) Any general purpose committees, as defined in Section 82027.5,
including the general purpose committees of political parties, and
small contributor committees, as defined in Section 85203, that
cumulatively receive contributions or make expenditures totaling
twenty-five thousand dollars ($25,000) or more to support or oppose
candidates for any elective state office or state measure. For a
committee subject to this title prior to January 1, 2000, the
beginning date for calculating cumulative totals is January 1, 2000.
For a committee that first is subject to this title on or after
January 1, 2000, the beginning date for calculating cumulative totals
is the date the committee is first subject to this title.
(3) Any slate mailer organization with cumulative reportable
payments received or made for the purposes of producing slate mailers
of twenty-five thousand dollars ($25,000) or more. For a slate
mailer organization subject to this title prior to January 1, 2000,
the beginning date for calculating cumulative totals is January 1,
2000. For a slate mailer organization that first is subject to this
title on or after January 1, 2000, the beginning date for calculating
cumulative totals is the date the organization is first subject to
this title.
(4) Any lobbyist, lobbying firm, lobbyist employer, or other
persons required, pursuant to Chapter 6 (commencing with Section
86100), to file statements, reports, or other documents, provided
that the total amount of any category of reportable payments,
expenses, contributions, gifts, or other items is two thousand five
hundred dollars ($2,500) or more in a calendar quarter.
(b) The Secretary of State shall also disclose on the Internet any
election-cycle contribution or election-cycle independent
expenditure report, as defined by Sections 84203 and 84204,
respectively, not covered by paragraph (1), (2), or (3) of
subdivision (a) or any other provision of law.
(c) Committees and other persons that are not required to file
online or electronically by this section may do so voluntarily.
(d) Once a person or entity is required to file online or
electronically, subject to subdivision (a) or (c), the person or
entity shall be required to file all subsequent reports online or
electronically.
(e) It shall be presumed that online or electronic filers file
under penalty of perjury.
(f) Persons filing online or electronically shall also continue to
file required disclosure statements and reports in paper format. The
paper copy shall continue to be the official filing for audit and
other legal purposes until the Secretary of State, pursuant to
Section 84606, determines the system is operating securely and
effectively.
(g) The Secretary of State shall maintain at all times a secured,
official version of all original online and electronically filed
statements and reports required by this chapter. Upon determination
by the Secretary of State, pursuant to Section 84606, that the system
is operating securely and effectively, this online or electronic
version shall be the official version for audit and other legal
purposes.
(h) Except for statements related to a local elective office or a
local ballot measure filed by a candidate for local elective office
who is also a candidate for elective state office, a copy of a
statement, report, or other document filed by online or electronic
means with the Secretary of State shall not be filed with a local
filing officer.
SEC. 18. SEC. 16. Section 84620 is
added to the Government Code, to read:
84620. (a) It is the intent of the Legislature to develop a
single, statewide electronic filing system that consolidates the
filing of all state and local campaign statements and reports
required by this title into one searchable database that provides
for, but is not limited to, all of the following:
(1) Electronic filing of committee organization statements.
(2) Electronic filing of campaign statements by all state
committees, without regard to the amounts of contributions and
expenditures.
(3) Electronic filing of reports by all major donors at the state
and local levels when specified thresholds are met.
(4) A consolidated statewide network that includes a process to
import into the statewide database state-required committee
disclosures from each local jurisdiction that has its own electronic
filing system.
(5) A statewide, Internet Web-based database with expanded filing
and public search capabilities that are data driven and user-friendly
for all members of the public.
(b) The Secretary of State shall work toward development
of develop the electronic filing system
described in subdivision (a) as follows:
(1) Not later than December 31, 2014, the Secretary of State shall
develop a feasibility study report that will outline the technology
requirements and the costs of the electronic filing system. The
Secretary of State shall consult and coordinate with other state
agencies that he or she deems appropriate, including, but not limited
to, the Commission, with respect to data transitioning.
(2) The Secretary of State shall develop a funding plan that
includes a comprehensive and detailed project budget that will be
accurate through the duration of the project and will include
appropriate and reasonable contingencies.
(3) The Secretary of State shall engage in fundraising pursuant to
the plan developed pursuant to paragraph (2).
(4) Not later than December 31, 2018, the Secretary of State shall
complete work on the development, construction, and launch of the
electronic filing system described by this section.
SEC. 19. SEC. 17. Section 91013 of
the Government Code is amended to read:
91013. (a) If a person files an original statement or report
after the applicable deadline imposed by this title, he or she shall,
in addition to any other penalties or remedies established by this
title, be liable in the amount of thirty dollars ($30) per day after
the deadline until the statement or report is filed, to the officer
with whom the statement or report is required to be filed. Liability
need not be enforced by the filing officer if, on an impartial basis,
he or she determines that the late filing was not willful and that
enforcement of the liability will not further the purposes of this
title, except that no liability shall be waived if a statement or
report is not filed within 30 days for a statement of economic
interest, other than a candidate's statement filed pursuant to
Section 87201, 5 days for a campaign statement required to be filed
12 days before an election, and 10 days for all other statements or
reports, after the filing officer has sent specific written notice of
the filing requirement.
(b) If a person files a copy of a statement or report after the
applicable deadline imposed by this title, he or she shall, in
addition to any other penalties or remedies established by this
title, be liable in the amount of thirty dollars ($30) per day,
starting 10 days, or 5 days in the case of a campaign statement
required to be filed 12 days before an election, after the filing
officer has sent specific written notice of the filing requirement
and until the statement or report is filed.
(c) For purposes of this section, a campaign statement or report
filed on behalf of a committee shall not be deemed filed if the
treasurer does not have a current certification pursuant to Section
84100.
(d) The filing officer shall deposit any funds received under this
section into the general fund of the jurisdiction of which he or she
is an officer. No liability under this section shall exceed 150
percent of the cumulative amount stated in the late statement or
report, or one thousand dollars ($1,000), whichever is greater.
SEC. 20. SEC. 18. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
SEC. 21. SEC. 19. The Legislature
finds and declares that this bill furthers the purposes of the
Political Reform Act of 1974 within the meaning of subdivision (a) of
Section 81012 of the Government Code.