as amended, Hertzberg. Political Reform Act of 1974:
begin delete campaign disclosure.end delete
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.
begin delete billend delete would require the Secretary of begin delete State to develop a system to identify filers of independent expenditure committee campaign statements and major donor committee campaign statements that would allow members of the public to search the Secretary of State’s database by filer to identify all expenditures or contributions made by that filer.end delete
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:
The Legislature finds and declares as follows:
4(a) The people of California enacted one of the nation’s most
5comprehensive campaign and lobbying financial disclosure laws
6when they voted for Proposition 9, the Political Reform Act of
71974, an initiative statute.
8(b) Public access to campaign and lobbying disclosure
9information is a vital and integral component of a fully informed
11(c) Advances in technology have made it
begin delete viable for disclosure
12statements and reports required by the Political Reform Act to be
13filed online and placed on the Internet, thereby maximizing
14availability to the public.end delete
To implement the Legislature’s intent, the Secretary
21of State, in consultation with the Commission, notwithstanding
22any other provision of this code, shall do all of the following:
24 Develop online and electronic filing processes for use by
25persons and entities specified in Section 84605 that are required
26to file statements and reports with the Secretary of State’s office
27pursuant to Chapter 4 (commencing with Section 84100) and
28Chapter 6 (commencing with Section 86100). Those processes
29shall each enable a user to comply with all the disclosure
P3 1requirements of this title and shall include, at a minimum, the
4 A means or method whereby filers subject to this chapter
5may submit required filings free of charge. Any means or method
6developed pursuant to this provision shall not provide any
7additional or enhanced functions or services that exceed the
8minimum requirements necessary to fulfill the disclosure provisions
9of this title. At least one means or method shall be made available
10no later than December 31, 2002.
12 The definition of a nonproprietary standardized record
13format or formats using industry standards for the transmission of
14the data that is required of those persons and entities specified
15Section 84605 and that conforms with the disclosure requirements
16of this title. The Secretary of State shall hold public hearings
begin delete prior development of the record format or formats as a means
18 to ensure that affected entities have an opportunity to provide input
19into the development process. The format or formats shall be made
20public no later than July 1, 1999, to ensure sufficient time to
21comply with this chapter.
23 Accept test files from software vendors and others wishing
24to file reports electronically, for the purpose of determining whether
25the file format is in compliance with the standardized record format
26developed pursuant to subdivision (a) and is compatible with the
27Secretary of State’s system for receiving the data. A list of the
28software and service providers who have submitted acceptable test
29files shall be published by the Secretary of State and made available
30to the public. Acceptably formatted files shall be submitted by a
31filer in order to meet the requirements of this chapter.
33 Develop a system that provides for the online or electronic
34transfer of the data specified in this section
begin delete utilizingend delete
35 telecommunications technology that assures the integrity of the
36data transmitted and that creates safeguards against efforts to
37tamper with or subvert the data.
39 Make all the data filed available on the Internet in an easily
40understood format that provides the greatest public access. The
P4 1data shall be made available free of charge and as soon as possible
2after receipt. All late contribution and late independent expenditure
3reports, as defined by Sections 84203 and 84204, respectively,
4shall be made available on the Internet within 24 hours of receipt.
5The data made available on the Internet shall not contain the street
6name and building number of the persons or entity representatives
7listed on the electronically filed forms or any bank account number
8required to be disclosed pursuant to this title.
10 Develop a procedure for filers to comply with the
11requirement that they sign under penalty of perjury pursuant to
14 Maintain all filed data online for 10 years after the date it is
15filed, and then archive the information in a secure format.
17 Provide assistance to those seeking public access to the
20 Implement sufficient technology to seek to prevent
21unauthorized alteration or manipulation of the data.
23 Provide the Commission with necessary information to
24enable it to assist agencies, public officials, and others with the
25compliance with and administration of this title.
27 Report to the Legislature on the implementation and
28development of the online and electronic filing and disclosure
29requirements of this chapter. The report shall include an
30examination of system security, private security issues, software
31availability, compliance costs to filers, use of the filing system and
32software provided by the Secretary of State, and other issues
33relating to this chapter, and shall recommend appropriate changes
34if necessary. In preparing the report, the Commission may present
35to the Secretary of State and the Legislature its comments regarding
36this chapter as it relates to the duties of the Commission and
37 suggest appropriate changes if necessary. There shall be one report
38due before the system is operational as set forth in Section 84603,
39one report due no later than June 1, 2002, and one report due no
40later than January 31, 2003.
P5 1(k)end delete
2 Review the current filing and disclosure requirements of
3this chapter and report to the Legislature, no later than June 1,
42005, recommendations on revising these requirements so as to
5promote greater reliance on electronic and online submissions.
Section 84211.5 is added to the Government
36Code, to read:
The Secretary of State shall develop a system to
38identify each filer of an independent expenditure committee
39campaign statement or major donor committee campaign statement
40that allows the public to search the Secretary of State’s database
P8 1by filer to identify all expenditures or contributions made by that
The Legislature finds and declares that this bill furthers
5the purposes of the Political Reform Act of 1974 within the
6meaning of subdivision (a) of Section 81012 of the Government