BILL ANALYSIS
AB 1149
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Date of Hearing: May 5, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1149 (Davis) - As Introduced: February 27, 2009
SUBJECT : Political Reform Act of 1974: electronic filing.
SUMMARY : Makes two minor changes to a pilot project that
allows four counties to permit Statements of Economic Interests
(SEIs) to be filed electronically. Specifically, this bill :
1)Provides that the pilot project authorized by AB 2607 (Davis),
Chapter 498, Statutes of 2008, which allows Los Angeles,
Merced, Orange, and Stanislaus counties to permit SEIs to be
filed electronically, shall be effective for the reporting
years of 2008 to 2010, instead of 2008 to 2011.
2)Moves up the deadline for the Legislative Analyst's Office to
provide a report to the Legislature evaluating the pilot
project authorized by AB 2607 from March 1, 2012 to February
1, 2012.
EXISTING LAW :
1)Requires that candidates for and current holders of specified
elected or appointed state and local offices and designated
employees of state and local agencies file SEIs disclosing
their financial interests, including investments, real
property interests, and income.
2)Establishes a pilot project which permits Los Angeles, Merced,
Orange, and Stanislaus counties to permit the electronic
filing of an SEI in accordance with regulations adopted by the
Fair Political Practices Commission (FPPC).
3)Requires the pilot project to cover the reporting periods of
2008 through 2011.
4)Requires a county participating in the pilot project to submit
a report to the FPPC not later than July 1, 2011. Requires
the report to include a listing and estimate of associated
operational efficiencies, related savings and associated costs
from implementing and operating the pilot program; a listing
of the safety, security, or privacy issues encountered and an
AB 1149
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explanation of how those issues were addressed; available
information related to feedback from electronic filing
participants; and any other relevant information on the
implementation of the pilot program.
5)Requires the FPPC to transmit the county reports received, as
well as any comments on the reports, to the LAO no later than
August 15, 2011, and requires the LAO to provide a report to
the Legislature evaluating the pilot project not later than
March 1, 2012.
6)Allows the FPPC, in conjunction with the LAO, to develop
additional criteria for the report to be submitted to the FPPC
by participating counties.
7)Provides that the pilot project will begin on January 1, 2009
and end on January 1, 2012.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS :
1)Purpose of the Bill : According to the author:
AB 1149 makes technical amendments to section 87500.1 of
the Government Code, relating to the Political Reform Act
of 1974, which was Chaptered by Secretary of State -
Chapter 498, Statutes of 2008 after the passage of AB 2607
(Davis et. al.). AB 2607 authorized the Counties of Los
Angeles, Merced, Orange, and Stanislaus to participate in a
pilot program to permit the electronic filing of statements
of economic interests.
2)Previous Legislation : AB 2607 (Davis), Chapter 498, Statutes
of 2008, establishes a pilot project which permits Los
Angeles, Merced, Orange, and Stanislaus counties to permit the
electronic filing of an SEI in accordance with regulations
adopted by the FPPC. AB 2607 requires the pilot project to be
complete by January 1, 2012, and further requires the pilot
project to include the reporting periods of 2008 to 2011.
However, because public officials are required to file SEIs
annually outlining economic interests during the previous
year, the deadline for a public official to file his or her
SEI for the 2011 calendar year will fall months after the
January 1, 2012 end date for the pilot project created by AB
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2607.
To resolve this conflict, this bill would change the reporting
periods that are covered by the pilot project to the 2008 to
2010 reporting periods. This bill also moves up the deadline
for the LAO to provide a report to the Legislature evaluating
the pilot project from March 1, 2012 to February 1, 2012.
3)Political Reform Act of 1974 : California voters passed an
initiative, Proposition 9, in 1974 that created the FPPC and
codified significant restrictions and prohibitions on
candidates, officeholders and lobbyists. That initiative is
commonly known as the PRA. Amendments to the PRA that are not
submitted to the voters, such as those contained in this bill,
must further the purposes of the initiative and require a
two-thirds vote of both houses of the Legislature.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Clerks and Election Officials
(sponsor)
Fair Political Practices Commission
Opposition
None on file.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094