BILL ANALYSIS �
AB 2062
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ASSEMBLY THIRD READING
AB 2062 (Davis)
As Amended May 25, 2012
2/3 vote. Urgency
ELECTIONS 7-0 APPROPRIATIONS 12-0
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|Ayes:|Fong, Donnelly, Bonilla, |Ayes:|Fuentes, Blumenfield, |
| |Hall, Logue, Mendoza, | |Bradford, Charles |
| |Swanson | |Calderon, Campos, Davis, |
| | | |Gatto, Ammiano, Hill, |
| | | |Lara, Mitchell, Solorio |
| | | | |
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SUMMARY : Allows an agency to permit the electronic filing of a
statement of economic interests (SEI), in accordance with
regulations adopted by the Fair Political Practices Commission
(FPPC). Specifically, this bill :
1)Authorizes an agency to permit the electronic filing of an
SEI, including amendments, in accordance with regulations
adopted by the FPPC.
2)Requires the FPPC, in consultation with interested agencies,
to use common database integration features in developing
database design requirements for all electronic filings.
3)Requires an agency which intends to permit electronic filing
of SEIs to submit a proposal along with a $1,000 filing fee to
the FPPC for approval and certification. Prohibits an agency
from recovering the costs of the filing fee by charging a
person to electronically file an SEI.
4)Requires the FPPC to review an agency's proposal for
compliance with the system requirement regulations adopted as
required by this bill. Requires the FPPC to approve and
certify the agency's filing system as soon as practicable
after receiving the agency's submitted proposal if the system
complies with the regulations.
5)Requires an agency's proposed electronic filing system to meet
certain requirements, as specified.
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6)Permits the FPPC to adopt regulations to require an agency to
redact information on an SEI prior to posting it on the
Internet.
7)Permits the FPPC to conduct discretionary audits of an
agency's approved and certified electronic filing system to
evaluate its performance.
8)Requires the FPPC to accept an electronic copy of an SEI that
is forwarded to it by an agency that has received an
electronically filed statement from a filer as provided for
under this bill.
9)Permits a city or county, which developed an electronic filing
system pursuant to a specified pilot program established in
law, to continue to use that system for purposes of this bill,
including, but not limited to, the time during which the FPPC
is adopting regulations as required by this bill. Requires
the city or county, after the FPPC's regulations take effect,
to submit a description of its electronic filing system for
approval and certification within a reasonable time as
determined by the FPPC. Prohibits a city or county from
continuing to use an electronic filing system originally
developed pursuant to law if the FPPC does not approve and
certify that electronic filing system.
10)Contains an urgency clause, allowing this bill to take effect
immediately upon enactment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, the FPPC will incur first-year General Fund costs of
around $150,000 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. Depending on the number of entities applying
for certification, the FPPC's costs will be offset by filing
fees.
COMMENTS : In 2009, a pilot project was established which
permitted participating governmental entities to accept
electronic filing of an SEI in accordance with regulations
adopted by the FPPC. As required by law, participants in the
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pilot project were required to submit reports to the FPPC and
the FPPC was required to forward the reports and provide
additional comments to the Legislative Analyst's Office (LAO).
Additionally, the LAO was required to submit a report to the
Legislature evaluating the pilot project earlier this year.
According to the LAO report, 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. However, after implementing
the electronic filing system, participating entities found that
that electronic filing resulted in operational efficiencies
through reduced personnel due to the significant reduction in
the number of errors in the filers' SEIs and other operational
costs. Additionally, it was reported to the LAO that none of
government entities reported any security issues with the
electronic filing systems and found 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 of these findings, the LAO made the following
recommendations: 1) the Legislature should allow participating
entities to continue electronic filing on an ongoing basis; 2)
the Legislature should consider giving all governments the
option to establish an electronic filing system; and, 3) 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.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN:
0003942
AB 2062
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