BILL ANALYSIS �
AB 2062
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Date of Hearing: May 2, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2062 (Davis) - As Amended: April 24, 2012
Policy Committee: ElectionsVote:7-0
Urgency: Yes State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill amends the Political Reform Act (PRA) to allow any
local agency to permit electronic filing of statements of
economic interest (SEIs), pursuant to regulations adopted by the
Fair Political Practices Commission (FPPC). Specifically, this
bill:
1)Requires the FPPC to use common database integration features
in developing database design requirements for all electronic
filings that may be used.
2)Requires an agency intending to permit electronic filing of
SEIs to submit a proposal to the FPPC for approval and
certification. The agency's proposed system must meet
specified requirements.
3)Permits the FPPC to (a) adopt regulations to require an agency
to redact information on an SEI prior to posting it on the
Internet, and (b) conduct discretionary performance and
compliance audits of an agency's approved and certified
electronic filing system.
FISCAL EFFECT
The FPPC will incur first-year General Fund costs of around
$180,000 for the equivalent of two positions related to adopting
regulations, developing common database integration features,
and reviewing and certifying agency proposals for electronic
filing. Depending on the number of agencies submitting proposals
for electronic filing, ongoing cost could be somewhat less.
COMMENTS
AB 2062
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1)Background . Under the PRA, certain elected and other
high-level state and local officials, and candidates for those
positions, must file SEIs. Other state and local public
officials and employees are required to file SEIs if they hold
positions that entail participation in making governmental
decisions that may have a material financial effect on the
decision maker's financial interests. While the exact number
of people required to file SEIs is unknown, the FPPC estimates
the number exceeds 200,000 officials and employees statewide.
Prior legislation created a pilot project, begun in 2009 and
scheduled to end in December 2012, to evaluate the efficiency
and desirability of allowing for SEIs to be filed
electronically. Participants in the pilot project are Los
Angeles, Merced, Orange, Santa Clara, Stanislaus, and Ventura
counties and the City of Long Beach.
In a mandated evaluation of this project, the Legislative
Analyst's Office (LAO) reported to the Legislature in January
that the participating government entities indicated that the
paper-based filing process was time-consuming and required
significant amounts of staff time to review the SEIs, work
with the filers to correct errors and maintain the paper file
systems. After implementing the electronic filing system,
however, the participants realized operational efficiencies
through reduced personnel due to the significant reduction in
the number of errors in the filers' SEIs among other cost
savings.
The LAO also indicated that no security issues were reported
with the electronic filing systems and that most of the public
officials and employees who filed using the electronic filing
system considered it to be a useful and an easy process.
As a result, the LAO made the following recommendations: (a)
the Legislature should allow participating entities to
continue electronic filing on an ongoing basis; (b) consider
giving all governments the option to establish an electronic
filing system; and (c) due to the FPPC's role in administering
and overseeing the PRA, the Legislature should authorize the
FPPC to establish any guidelines and specifications to be
followed by the government entities when developing and using
the electronic filing systems.
AB 2062
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2)Purpose . This bill sponsored by the California Association of
Clerks and Elections Officials, essentially implements the LAO
recommendations. According to the sponsor, it is necessary
that the bill include an urgency clause to allow the FPPC time
to develop regulations and procedures to facilitate the
electronic filing of SEIs prior to the 2013 filing period.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081