SB 1349, as amended, Hertzberg. Political Reform Act of 1974: Secretary of State: online filing 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 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 84601 of the Government Code is
2amended to read:
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 necessary for the State
12of California to develop a new, data-driven online filing system that provides public disclosure of campaign
14finance and lobbying information in a user-friendly, easily
Section 84602 of the Government Code is amended
(a) To implement the Legislature’s intent, the Secretary
23of State, in consultation with the Commission, notwithstanding
24any other provision of this code, shall do all of the following:
25(1) Develop online and electronic filing processes for use by
26persons and entities specified in Section 84605 that are required
27to file statements and reports with the Secretary of State’s office
28pursuant to Chapter 4 (commencing with Section 84100) and
29Chapter 6 (commencing with Section 86100). Those processes
30shall each enable a user to comply with all the disclosure
P3 1requirements of this title and shall include, at a minimum,
2 the following:
3(A) A means or method whereby filers subject to this chapter
4may submit required filings free of charge. Any means or method
5developed pursuant to this
begin delete provisionend delete shall not
6provide any additional or enhanced functions or services that
7exceed the minimum requirements necessary to fulfill the
8disclosure provisions of this title. At least one means or method
9shall be made available no later than December 31, 2002.
10(B) The definition of a nonproprietary standardized record
11format or formats using industry standards for the transmission of
12the data that is required of those persons and entities specified
13Section 84605 and that conforms with the disclosure requirements
14of this title. The Secretary of State shall hold public hearings before
15development of the record format or formats as a means to ensure
16that affected entities have an opportunity to provide input into the
17development process. The format or formats shall be made public
18no later than July 1, 1999, to ensure sufficient time to comply with
20(2) Accept test files from software vendors and others wishing
21to file reports electronically, for the purpose of determining whether
22the file format is in compliance with the standardized record format
23developed pursuant to
begin delete subdivision (a)end delete and is
24compatible with the Secretary of State’s system for receiving the
25data. A list of the software and service providers who have
26submitted acceptable test files shall be published by the Secretary
27of State and made available to the public. Acceptably formatted
28files shall be submitted by a filer in order to meet the requirements
29of this chapter.
30(3) Develop a system that provides for the online or electronic
31transfer of the data specified in this section using
32telecommunications technology that assures the integrity of the
33data transmitted and that creates safeguards against efforts to
34tamper with or subvert the data.
35(4) Make all the data filed available on the Internet in an easily
36understood format that provides the greatest public access. The
37data shall be made available free of charge and as soon as possible
38after receipt. All late contribution and late independent expenditure
39reports, as defined by Sections 84203 and 84204, respectively,
40shall be made available on the Internet within 24 hours of receipt.
P4 1The data made available on the Internet shall not contain the street
2name and building number of the persons or entity representatives
3listed on the electronically filed forms or any bank account number
4required to be disclosed pursuant to this title.
5(5) Develop a procedure for filers to comply with the
6requirement that they sign under penalty of perjury pursuant to
8(6) Maintain all filed data online for 10 years after the date it is
9filed, and then archive the information in a secure format.
10(7) Provide assistance to those seeking public access to the
12(8) Implement sufficient technology to seek to prevent
13unauthorized alteration or manipulation of the data.
14(9) Provide the Commission with necessary information to
15enable it to assist agencies, public officials, and others with the
begin delete withend delete
and administration begin delete ofend delete this title.
17(10) Report to the Legislature on the implementation and
18development of the online and electronic filing and disclosure
19requirements of this chapter. The report shall include an
20examination of system security, private security issues, software
21availability, compliance costs to filers, use of the filing system and
22software provided by the Secretary of State, and other issues
23relating to this chapter, and shall recommend appropriate changes
24if necessary. In preparing the report, the Commission may present
25to the Secretary of State and the Legislature its comments regarding
26this chapter as it relates to the duties of the Commission and
27suggest appropriate changes if necessary. There shall be one report
28due before the system is operational as set forth in Section 84603,
29one report due no later than June 1, 2002, and one report due no
30later than January 31, 2003.
31(11) Review the current filing and disclosure requirements of
32this chapter and report to the Legislature, no later than June 1,
332005, recommendations on revising these requirements so as to
34promote greater reliance on electronic and online submissions.
35(b) (1) To implement the Legislature’s intent, as described in
36Section 84601, the Secretary of State, in consultation with the
37Commission, shall develop an online filing system
38for use by persons and entities specified in Section 84605 that are
39required to file statements and reports with the Secretary of State’s
40office pursuant to Chapter 4 (commencing with Section 84100)
P5 1and Chapter 6 (commencing with Section 86100). The system shall
2enable a user to comply with all of the disclosure requirements of
3this title and shall include, at minimum, all of the following:
4(A) A data-driven means or method that allows filers subject
5to this chapter to submit required filings free of charge and does all of the
8(i) Enables a filer to comply with all of the disclosure
9requirements of this title, including by entering or uploading
10requisite data or by indicating that the filer had no reportable
11activity during a particular reporting period.
12(ii) Retains previously submitted data so that a filer can access
13that data to amend disclosures or prepare future disclosures.
14(iii) Ensures the security of data entered and stored in the system.
15(iv) To the extent feasible, is compatible with potential future
16capability to accept statements from filers specified in subdivisions
17(b) to (e), inclusive, of Section 84215.
begin delete No later than December 31,
182017, the Secretary of State shall provide a report to the Assembly
19Committee on Elections and Redistricting and the Senate
20Committee on Elections and Constitutional Amendments that
21includes a plan for accepting these filings.end delete
22(B) The definition of a nonproprietary standardized record
23format or formats using industry standards for the transmission of
24the data that is required of those persons and entities specified in
25Section 84605 and that conforms with the disclosure requirements
26of this title.
27(2) The Secretary of State shall do all of the following with
28respect to the online filing system developed
29pursuant to this subdivision:
30(A) Accept test files from software vendors and others wishing
31to file reports electronically for the purpose of determining whether
32the file format is in compliance with the standardized record format
33developed pursuant to this subdivision and is compatible with the
34Secretary of State’s system for receiving the data. The Secretary
35of State shall publish and make available to the public a list of the
36software and service providers who have submitted acceptable test
37files. A filer shall submit acceptably formatted files in order to
38meet the requirements of this chapter.
39(B) Make the data filed available on the Internet as follows:
P6 1(i) In a user-friendly, easily understandable format that provides
2the greatest public access, including online searches and
begin delete downloads.end delete
5(ii) Free of charge and as soon as possible after receipt, or, in
6the case of late
begin delete contributionend delete
7 and late independent expenditure reports, as defined by Sections
begin delete 84203end delete and 84204, respectively, within 24 hours
10(iii) Not containing the street name or building number of the
11persons or entity representatives listed on the electronically filed
12forms or any bank account number required to be disclosed
13pursuant to this title.
14(iv) In a manner that allows the public to track and aggregate
15contributions from the same contributor across filers using a
16permanent unique identifier assigned by the Secretary of State for
begin delete purposeend delete to, at minimum, each contributor who makes
19contributions totaling ten thousand dollars ($10,000) or more in a
20calendar year to, or at the behest of, candidates or committees that
21file electronically with the Secretary of State pursuant to
22subdivision (a) of Section
begin delete 84215.end delete
25(C) Develop a procedure for filers to comply electronically with
26the requirement to sign under penalty of perjury pursuant to Section
2781004. The electronic signature procedure shall allow the filer to
28file with the Secretary of State and shall not require an original
29signature to be filed.
30(D) Maintain all filed data online for at least 10 years after the
31date it is filed, and then archive the information in a secure format.
32(E) Provide assistance to those seeking public access to the
34(F) Implement sufficient technology to seek to prevent
35unauthorized alteration or manipulation of the data.
36(G) Provide the Commission with necessary information to
37 enable it to assist agencies, public officials, and others in complying
38with and administering this title.
4 9(3)end delete
10 In consultation with the Commission,
begin delete the Secretary of State no later than July 31, 2017, hold at least one public
12hearing to receive input
begin delete on development ofend delete the
13online filing system and record
begin delete format pursuant to
14paragraph (1).end delete
23(4) The Secretary of State shall make the online filing system developed pursuant to this subdivision available
25for use no later than February 1, 2019. The Secretary of State may
26extend this date to a date no later than December 31,
begin delete 2019end delete
27 after consulting with the Assembly Committee on Elections and
28Redistricting and the Senate Committee on Elections and
29Constitutional Amendments and providing to those committees a
30report that explains the need for the extension and includes a plan
Secretary of State may accept any funds, services,
33equipment or grants to further this
begin delete subdivision.end delete
39(6) Because the provisions of this chapter need to be
40implemented as expeditiously as possible, the information
P8 1technology procurement requirements described in Chapter 5.6
2(commencing with Section 11545) of Part 1 of Division 3 of Title
32, and in Section 12100 of the Public Contract Code, do not apply
4to development of the online filing system pursuant
5to this subdivision.
8(7) (A) Before making the system developed pursuant to this
9subdivision available for public use, the Secretary of
begin delete Stateend delete shall test the system to ensure
11its functionality and then certify that the system
begin delete accurately tracks The Secretary
12and aggregates contributions from the same contributor across
14of State may consult with the Department of Technology as needed
15to fulfill his or her duties under this paragraph.
16(B) After the system developed pursuant to this subdivision is
17certified, the system described in subdivision (a) shall no longer
begin delete be used.end delete
The Legislature finds and declares that this bill furthers
24the purposes of the Political Reform Act of 1974 within the
25meaning of subdivision (a) of Section 81012 of the Government