BILL NUMBER: SB 1349 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 18, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Hertzberg
( Principal coauthor: Assembly Member
Mullin )
( Coauthors: Senators Allen
and Bates )
( Coauthors: Assembly Members
Brough, Dodd, and Olsen )
FEBRUARY 19, 2016
An act to amend Sections 84601 and 84602 of the Government Code,
relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1349, as amended, Hertzberg. Political Reform Act of 1974:
Secretary of State: online filing and disclosure system.
The Political Reform Act of 1974 generally requires elected
officials, candidates for elective office, and committees formed
primarily to support or oppose a candidate for public office or a
ballot measure, along with other entities, to file periodic campaign
statements. The act requires that these campaign statements contain
prescribed information related to campaign contributions and
expenditures of the filing entities. Existing law, the Online
Disclosure Act, requires the Secretary of State, in consultation with
the Fair Political Practices Commission, to develop online and
electronic filing processes for use by these persons and entities.
This bill, in addition, would require the Secretary of State, in
consultation with the Commission, to develop and certify for public
use an online filing and disclosure system for campaign
statements and reports that provides public disclosure of campaign
finance and lobbying information in a user-friendly, easily
understandable format.
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: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84601 of the Government Code is amended to
read:
84601. The Legislature finds and declares as follows:
(a) The people of California enacted one of the nation's most
comprehensive campaign and lobbying financial disclosure laws when
they voted for Proposition 9, the Political Reform Act of 1974, an
initiative statute.
(b) Public access to campaign and lobbying disclosure information
is a vital and integral component of a fully informed electorate.
(c) Advances in technology have made it necessary for the State of
California to develop a new, data-driven online filing and
disclosure system that provides public disclosure of campaign
finance and lobbying information in a user-friendly, easily
understandable format.
(d) Members of the public, including voters, journalists, and
researchers, should be able to access campaign finance and lobbying
information in a robust and flexible manner, including through
searches and visual displays such as graphs and maps.
SEC. 2. Section 84602 of the Government Code is amended to read:
84602. (a) 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:
(1) 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, both of the following:
(A) 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 subparagraph
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.
(B) 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 Section
84605 and that conforms with the disclosure requirements of this
title. The Secretary of State shall hold public hearings before
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.
(2) 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)
paragraph (1) 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.
(3) Develop a system that provides for the online or electronic
transfer of the data specified in this section using
telecommunications technology that assures the integrity of the data
transmitted and that creates safeguards against efforts to tamper
with or subvert the data.
(4) 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 late contribution and late 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.
(5) Develop a procedure for filers to comply with the requirement
that they sign under penalty of perjury pursuant to Section 81004.
(6) Maintain all filed data online for 10 years after the date it
is filed, and then archive the information in a secure format.
(7) Provide assistance to those seeking public access to the
information.
(8) Implement sufficient technology to seek to prevent
unauthorized alteration or manipulation of the data.
(9) Provide the Commission with necessary information to enable it
to assist agencies, public officials, and others with the compliance
with with, and administration
of of, this title.
(10) 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.
(11) 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.
(b) (1) To implement the Legislature's intent, as described in
Section 84601, the Secretary of State, in consultation with the
Commission, shall develop an online filing and disclosure
system 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). The system
shall enable a user to comply with all of the disclosure requirements
of this title and shall include, at minimum, all of the following:
(A) A data-driven means or method that allows filers subject to
this chapter to submit required filings free of charge in a
manner that facilitates public searches of the data and does
all of the following:
(i) Enables a filer to comply with all of the disclosure
requirements of this title, including by entering or uploading
requisite data or by indicating that the filer had no reportable
activity during a particular reporting period.
(ii) Retains previously submitted data so that a filer can access
that data to amend disclosures or prepare future disclosures.
(iii) Ensures the security of data entered and stored in the
system.
(iv) To the extent feasible, is compatible with potential future
capability to accept statements from filers specified in subdivisions
(b) to (e), inclusive, of Section 84215. No later than
December 31, 2017, the Secretary of State shall provide a report to
the Assembly Committee on Elections and Redistricting and the Senate
Committee on Elections and Constitutional Amendments that includes a
plan for accepting these filings.
(B) 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.
(2) The Secretary of State shall do all of the following with
respect to the online filing and disclosure system
developed pursuant to this subdivision:
(A) 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 this subdivision and is compatible with the
Secretary of State's system for receiving the data. The Secretary of
State shall publish and make available to the public a list of the
software and service providers who have submitted acceptable test
files. A filer shall submit acceptably formatted files in order to
meet the requirements of this chapter.
(B) Make the data filed available on the Internet as follows:
(i) In a user-friendly, easily understandable format that provides
the greatest public access, including online searches and
machine-readable downloads. downloads of all
data contained in the system, except as specified in clause (iii).
(ii) Free of charge and as soon as possible after receipt, or, in
the case of late contribution contribution,
late in-kind contribution, and late independent expenditure
reports, as defined by Sections 84203 84203,
84203.3, and 84204, respectively, within 24 hours of receipt.
(iii) Not containing the street name or 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.
(iv) In a manner that allows the public to track and aggregate
contributions from the same contributor across filers using a
permanent unique identifier assigned by the Secretary of State for
this purpose purpose. The Secretary of State
shall assign this identifier to, at minimum, each contributor
who makes contributions totaling ten thousand dollars ($10,000) or
more in a calendar year to, or at the behest of, candidates or
committees that file electronically with the Secretary of State
pursuant to subdivision (a) of Section 84215.
84215 or who is registered with the Secretary of State as a major
donor committee under subdivision (c) of Section 82013.
(C) Develop a procedure for filers to comply electronically with
the requirement to sign under penalty of perjury pursuant to Section
81004. The electronic signature procedure shall allow the filer to
file with the Secretary of State and shall not require an original
signature to be filed.
(D) Maintain all filed data online for at least 10 years after the
date it is filed, and then archive the information in a secure
format.
(E) Provide assistance to those seeking public access to the
information.
(F) Implement sufficient technology to seek to prevent
unauthorized alteration or manipulation of the data.
(G) Provide the Commission with necessary information to enable it
to assist agencies, public officials, and others in complying with
and administering this title.
(3) The Secretary of State shall do all of the following with
respect to developing the online filing and disclosure system and
record format pursuant to this subdivision:
(A) Consult with the Assembly Committee on Elections and
Redistricting, the Senate Committee on Elections and Constitutional
Amendments, the Commission, users, filers, and other stakeholders, as
appropriate, about functions of the online filing and disclosure
system.
(3)
(B) In consultation with the Commission, the
Secretary of State shall, and no later than July
31, 2017, hold at least one public hearing to receive input
on development of about developing the online
filing and disclosure system and record format
pursuant to paragraph (1). format.
(C) No later than December 31, 2017, submit a report to the
Assembly Committee on Elections and Redistricting and the Senate
Committee on Elections and Constitutional Amendments that includes a
plan for the online filing and disclosure system, describes how
members of the public will be able to query and retrieve data from
the system, and includes a plan for integrating statements as
specified in clause (iv) of subparagraph (A) of paragraph (1).
(4) The Secretary of State shall make the online filing and
disclosure system developed pursuant to this subdivision
available for use no later than February 1, 2019. The Secretary of
State may extend this date to a date no later than December 31,
2019 2019, after consulting with the
Assembly Committee on Elections and Redistricting and the Senate
Committee on Elections and Constitutional Amendments and providing to
those committees a report that explains the need for the extension
and includes a plan for completion.
(5) The Secretary of State may accept any funds, services,
equipment or grants to further this subdivision.
subdivision, provided that the Secretary of State shall notify
the Assembly Committee on Elections and Redistricting and the Senate
Committee on Elections and Constitutional Am endments upon
accepting any amount valued at one hundred thousand dollars
($100,000) or more.
(6) Because the provisions of this chapter need to be implemented
as expeditiously as possible, the information technology procurement
requirements described in Chapter 5.6 (commencing with Section 11545)
of Part 1 of Division 3 of Title 2, and in Section 12100 of the
Public Contract Code, do not apply to development of the online
filing and disclosure system pursuant to this subdivision.
The Secretary of State shall consult with the Department of
Technology, as appropriate, in developing the online filing and
disclosure system.
(7) (A) Before making the system developed pursuant to this
subdivision available for public use, the Secretary of State
State, in consultation with the Commission,
shall test the system to ensure its functionality and then certify
that the system accurately tracks and aggregates
contributions from the same contributor across filers.
meets all the requirements of this subdivision. The Secretary
of State may consult with the Department of Technology as needed to
fulfill his or her duties under this paragraph.
(B) After the system developed pursuant to this subdivision is
certified, the system described in subdivision (a) shall no longer
be used. accept reports and filings, unless
otherwise directed by the Secretary of State and the Commission. The
system described in subdivision (a) shall continue to allow public
access to past disclosures unless the Secretary of State migrates
that data into the system described in this subdivision.
SEC. 3. 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.