SB 1349, as amended, Hertzberg. Political Reform Act of 1974: Secretary of State: online filing and disclosure 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 and disclosure 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 and
13disclosure system that provides public disclosure of campaign
14finance and lobbying information in a user-friendly, easily
16(d) Members of the public, including voters, journalists, and
17researchers, should be able to access campaign finance and
18lobbying information in a robust and flexible manner, including
19through searches and visual displays such as graphs and maps.
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:
P3 1(1) Develop online and electronic filing processes for use by
2persons and entities specified in Section 84605 that are required
3to file statements and reports with the Secretary of State’s office
4pursuant to Chapter 4 (commencing with Section 84100) and
5Chapter 6 (commencing with Section 86100). Those processes
6shall each enable a user to comply with all the disclosure
7requirements of this title and shall include, at a minimum, both of
9(A) A means or method whereby filers subject to this chapter
10may submit required filings free of charge. Any means or method
11developed pursuant to this subparagraph shall not provide any
12additional or enhanced functions or services that exceed the
13minimum requirements necessary to fulfill the disclosure provisions
14of this title. At least one means or method shall be made available
15no later than December 31, 2002.
16(B) The definition of a nonproprietary standardized record
17format or formats using industry standards for the transmission of
18the data that is required of those persons and entities specified in
19Section 84605 and that conforms with the disclosure requirements
20of this title. The Secretary of State shall hold public hearings before
21development of the record format or formats as a means to ensure
22that affected entities have an opportunity to provide input into the
23development process. The format or formats shall be made public
24no later than July 1, 1999, to ensure sufficient time to comply with
26(2) Accept test files from software vendors and others wishing
27to file reports electronically, for the purpose of determining whether
28the file format is in compliance with the standardized record format
29developed pursuant to paragraph (1) and is compatible with the
30Secretary of State’s system for receiving the data. A list of the
31software and service providers who have submitted acceptable test
32files shall be published by the Secretary of State and made available
33to the public. Acceptably formatted files shall be submitted by a
34filer in order to meet the requirements of this chapter.
35(3) Develop a system that provides for the online or electronic
36transfer of the data specified in this section using
37telecommunications technology that ensures the integrity of the
38data transmitted and that creates safeguards against efforts to
39tamper with or subvert the data.
P4 1(4) Make all the data filed available on the Internet in an easily
2understood format that provides the greatest public access. The
3data shall be made available free of charge and as soon as possible
4after receipt. All late contribution and late independent expenditure
5reports, as defined by Sections 84203 and 84204, respectively,
6shall be made available on the Internet within 24 hours of receipt.
7The data made available on the Internet shall not contain the street
8name and building number of the persons or entity representatives
9listed on the electronically filed forms or any bank account number
10required to be disclosed pursuant to this title.
11(5) Develop a procedure for filers to comply with the
12requirement that they sign under penalty of perjury pursuant to
14(6) Maintain all filed data online for 10 years after the date it is
15filed, and then archive the information in a secure format.
16(7) Provide assistance to those seeking public access to the
18(8) Implement sufficient technology to seek to prevent
19unauthorized alteration or manipulation of the data.
20(9) Provide the Commission with necessary information to
21enable it to assist agencies, public officials, and others with the
22compliance with, and administration of, this title.
23(10) Report to the Legislature on the implementation and
24development of the online and electronic filing and disclosure
25requirements of this chapter. The report shall include an
26examination of system security, private security issues, software
27availability, compliance costs to filers, use of the filing system and
28software provided by the Secretary of State, and other issues
29relating to this chapter, and shall recommend appropriate changes
30if necessary. In preparing the report, the Commission may present
31to the Secretary of State and the Legislature its comments regarding
32this chapter as it relates to the duties of the Commission and
33suggest appropriate changes if necessary. There shall be one report
34due before the system is operational as set forth in Section 84603,
35one report due no later than June 1, 2002, and one report due no
36later than January 31, 2003.
37(11) Review the current filing and disclosure requirements of
38this chapter and report to the Legislature, no later than June 1,
392005, recommendations on revising these requirements so as to
40promote greater reliance on electronic and online submissions.
P5 1(b) (1) To implement the Legislature’s intent, as described in
2Section 84601, the Secretary of State, in consultation with the
3Commission, shall develop an online filing and disclosure system
4for use by persons and entities specified in Section 84605 that are
5required to file statements and reports with the Secretary of State’s
6office pursuant to Chapter 4 (commencing with Section 84100)
7and Chapter 6 (commencing with Section 86100). The system shall
8enable a user to comply with all of the disclosure requirements of
9this title and shall include, at minimum, all of the following:
10(A) A data-driven means or method that allows filers subject
11to this chapter to submit required filings free of charge in a manner
12that facilitates public searches of the data and does all of the
14(i) Enables a
filer to comply with all of the disclosure
15requirements of this title, including by entering or uploading
16requisite data or by indicating that the filer had no reportable
17activity during a particular reporting period.
18(ii) Retains previously submitted data so that a filer can access
19that data to amend disclosures or prepare future disclosures.
20(iii) Ensures the security of data entered and stored in the system.
21(iv) To the extent feasible, is compatible with potential future
22capability to accept statements from filers specified in subdivisions
23(b) to (e), inclusive, of Section 84215.
24(B) The definition of a nonproprietary standardized record
25format or formats using industry standards for the transmission of
26the data that is required of those persons and entities specified in
27Section 84605 and that conforms with the disclosure requirements
28of this title.
29(2) The Secretary of State shall do all of the following with
30respect to the online filing and disclosure system developed
31pursuant to this subdivision:
32(A) Accept test files from software vendors and others wishing
33to file reports electronically for the purpose of determining whether
34the file format is in compliance with the standardized record format
35developed pursuant to this subdivision and is compatible with the
36Secretary of State’s system for receiving the data. The Secretary
37of State shall publish and make available to the public a list of the
38software and service providers who have submitted acceptable test
39files. A filer shall submit acceptably formatted files in order to
40meet the requirements of this chapter.
P6 1(B) Make the data filed available on the Internet as follows:
2(i) In a user-friendly, easily understandable format that provides
3the greatest public access, including online searches and
4machine-readable downloads of all data contained in the system,
5except as specified in clause (iii).
6(ii) Free of charge and as soon as possible after receipt, or, in
7the case of late contribution, late in-kind contribution, and late
8independent expenditure reports, as defined by Sections 84203,
984203.3, and 84204, respectively, within 24 hours of receipt.
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
17this purpose. The Secretary of State shall assign this identifier to,
18at minimum, each contributor who makes contributions totaling
19ten thousand dollars ($10,000) or more in a calendar year to, or at
20the behest of, candidates or committees that file electronically with
21the Secretary of State pursuant to subdivision (a) of Section 84215
22or who files with the Secretary of State as a major donor committee
23under subdivision (c) of Section 82013.
24(C) Develop a procedure for filers to comply electronically with
25the requirement to sign under penalty of perjury pursuant to Section
2681004. The electronic signature procedure shall allow the filer to
27file with the Secretary of State and shall not require an original
28signature to be filed.
29(D) Maintain all filed data online for at least 20 years after the
30date it is filed, and then archive the information in a secure format.
31(E) Provide assistance to those seeking public access to the
33(F) Implement sufficient technology to seek to prevent
34unauthorized alteration or manipulation of the data.
35(G) Provide the Commission with necessary information to
36enable it to assist agencies, public officials, and others in complying
37with and administering this title.
38(3) The Secretary of State shall do all of the following with
39respect to developing the online filing and disclosure system and
40record format pursuant to this subdivision:
P7 1(A) Consult with the Assembly Committee on Elections and
2Redistricting, the Senate Committee on Elections and
3Constitutional Amendments, the Commission, users, filers, and
4other stakeholders, as appropriate, about functions of the online
5filing and disclosure system.
6(B) In consultation with the Commission, and no later than July
731, 2017, hold at least one public hearing to receive input about
8developing the online filing and disclosure system and record
10(C) No later than December 31, 2017, submit a report to the
11Assembly Committee on Elections and Redistricting and the Senate
12Committee on Elections and Constitutional Amendments that
13includes a plan for the online filing and disclosure system,
14describes how members of the public will be able to query and
15retrieve data from the system, and includes a plan for integrating
16statements as specified in clause (iv) of subparagraph (A) of
18(4) The Secretary of State shall make the online filing and
19disclosure system developed pursuant to this subdivision available
20for use no later than February 1, 2019. The Secretary of State may
21extend this date to a date no later than December 31, 2019, after
22consulting with the Assembly Committee on Elections and
23Redistricting and the Senate Committee on Elections and
24Constitutional Amendments and providing to those committees a
25report that explains the need for the extension and includes a plan
27(5) The Secretary of State may accept any funds, services,
28equipment, or grants to further this subdivision, provided that the
29Secretary of State shall notify the Assembly Committee on
30Elections and Redistricting and the Senate Committee on Elections
31and Constitutional Amendments upon accepting any amount valued
32at one hundred thousand dollars ($100,000) or more.
33(6) Because the provisions of this chapter need to be
34implemented as expeditiously as possible, the information
35technology procurement requirements described in Chapter 5.6
36(commencing with Section 11545) of Part 1 of Division 3 of Title
372 of this code, and in Section 12100 of the Public Contract Code,
38do not apply to development of the online filing and disclosure
39system pursuant to this subdivision. The Secretary of State shall
40consult with the Department of Technology, as appropriate, in
P8 1developing the online filing and disclosure system, in order to
2maximize project success, minimize lifecycle costs, and ensure
3the security of the system and its data.
4(7) (A) Before making the system developed pursuant to this
5subdivision available for public use, the Secretary of State, in
6 consultation with the Commission, shall test the system to ensure
7its functionality and then certify that the system meets all the
8requirements of this subdivision. The Secretary of State may
9consult with the Department of Technology as needed to fulfill
10his or her duties under this paragraph.
11(B) After the system developed pursuant to this subdivision is
12certified, the system described in subdivision (a) shall no longer
13accept reports and filings, unless otherwise directed by the
14Secretary of State and the Commission. The system described in
15subdivision (a) shall continue to allow public access to past
16disclosures unless the Secretary of State migrates that data into
17the system described in this subdivision.
18(c) On or before December 31, 2017, and on or before every
19April 15, July 15, October 15, and January 15 thereafter, the
20Secretary of State shall submit to the chairs of the Joint Legislative
21Budget Committee and the fiscal committees of the Legislature a
22quarterly report on the progress of the Cal-Access Project.
23Specifically, the Secretary of State shall certify whether he or she
24(1) anticipates making or has made any changes to the project’s
25scope, schedule, or budget and (2) considers any problems to be
26a risk to the project’s completion according to the approved project
27schedule and budget. This reporting requirement shall end upon
28the completion or termination of the Cal-Access Project.
The Legislature finds and declares that this bill furthers
30the purposes of the Political Reform Act of 1974 within the
31meaning of subdivision (a) of Section 81012 of the Government