Today's Law As Amended

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SB-3 Political Reform Act of 1974.(2013-2014)



SECTION 1.

 Section 82036 of the Government Code is amended and renumbered to read:

82036. 82022.5. 
 “Late “Election-cycle  contribution” means any of the following:
(a) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the  within 90 days before the  date of the election, or on the date of the election,  election  at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots.
(b) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the  election.

SEC. 2.

 Section 82036.5 of the Government Code is amended and renumbered to read:

82036.5. 82022.7. 
 “Late “Election-cycle  independent expenditure” means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the  within 90 days before the  date of the election or on the date of the  election. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots.

SEC. 3.

 Section 84100 of the Government Code is amended to read:

84100.
 (a)  Every committee shall have a treasurer. No expenditure shall be made by or on behalf of a committee without the authorization of the treasurer or that of his or her designated agents. No contribution or expenditure shall be accepted or made by or on behalf of a committee at a time when there is a vacancy in the office of treasurer.
(b) (1) Prior to being designated as a treasurer pursuant to Section 84102 or 84103, or not later than 20 business days after that designation, a treasurer shall complete an online training course, designed and administered by the Commission, that addresses the statutes and regulations governing the financing of campaigns, and the duties and responsibilities of a treasurer, under this title. The course shall require each applicant for training to verify, under penalty of perjury, his or her identity by means of an identifier determined by the Commission.
(2) The Commission may charge each applicant for training pursuant to this subdivision a fee not to exceed fifty dollars ($50).
(3) A treasurer shall participate in training pursuant to this subdivision every two years.
(4) The Commission shall maintain on its Internet Web site a list of treasurers who have completed training pursuant to this subdivision.
(5) Prior to developing the online training course, the Commission shall coordinate with one or more other state agencies or departments, including, but not limited to, the Department of Technology, to identify any existing online training and certification courses that may be converted and utilized for the purposes of this section. The Commission shall complete development of the online training course no later than June 30, 2015.
(6) Treasurers shall be subject to the online training course requirements imposed by this subdivision 30 days after the Commission has certified an online training course, but in no event sooner than July 1, 2015.
(c) A treasurer who is required to complete the online training course shall be fined no more than five hundred dollars ($500) if he or she fails to complete that course, as required by subdivision (b).
(d) The Commission shall have no liability with respect to a violation of this title by a treasurer that has completed the training required by this section or by a committee that has designated that person as its treasurer pursuant to Section 84102 or 84103.

SEC. 4.

 Section 84101 of the Government Code is amended to read:

84101.
 (a) A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate.
(b) In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8  84200.7, 84200.8,  or 84200.9, the committee shall file, by facsimile transmission, online transmission,  guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.
(c) If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 82022.7  and makes independent expenditures of one thousand dollars ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section  Sections 84203.5 and  84204.
(d) For purposes of this section, in calculating whether two one  thousand dollars ($2,000) ($1,000)  in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidate’s personal funds.

SEC. 5.

 Section 84200.6 of the Government Code is amended to read:

84200.6.
 In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports:
(a) Supplemental preelection statements when required by Section 84202.5.
(a) (b)  Late Election-cycle  contribution reports, reports  when required by Section 84203.
(c) Independent expenditure reports when required by Section 84203.5.
(b) (d)  Late Election-cycle  independent expenditure reports, reports  when required by Section 84204.

SEC. 6.

 Section 84203 of the Government Code is amended to read:

84203.
 (a) Each candidate or committee that makes or receives a late an election-cycle  contribution, as defined in Section 82036, 82022.5,  shall report the late election-cycle  contribution to each office with which the candidate or committee is required to file its next campaign statement pursuant to Section 84215. The candidate or committee that makes the late election-cycle  contribution shall report his or her full name and street address and the full name and street address of the person to whom the late election-cycle  contribution has been made, the office sought if the recipient is a candidate, or the ballot measure number or letter if the recipient is a committee primarily formed to support or oppose a ballot measure, and the date and amount of the late election-cycle  contribution. The recipient of the late election-cycle  contribution shall report his or her full name and street address, the date and amount of the late election-cycle  contribution, and whether the contribution was made in the form of a loan. The recipient shall also report the full name of the contributor, his or her street address, occupation, and the name of his or her employer, or if self-employed, the name of the business.
(b) A late An election-cycle  contribution shall be reported by facsimile transmission, guaranteed overnight delivery, or personal delivery within 24 hours of the time it is made in the case of the candidate or committee that makes the contribution and within 24 hours of the time it is received in the case of the recipient. If a late an election-cycle  contribution is required to be reported to the Secretary of State, the report to the Secretary of State shall be by online or electronic transmission only. A late An election-cycle  contribution shall be reported on subsequent campaign statements without regard to reports filed pursuant to this section.
(c) A late An election-cycle  contribution need not be reported nor shall it be deemed accepted if it is not cashed, negotiated, or deposited and is returned to the contributor within 24 hours of its receipt.
(d) A report filed pursuant to this section shall be in addition to any other campaign statement required to be filed by this chapter.
(e) The report required pursuant to this section is not required to be filed by a candidate or committee that has disclosed the late election-cycle  contribution pursuant to subdivision (a) or (b) of Section 85309.

SEC. 7.

 Section 84203.3 of the Government Code is amended to read:

84203.3.
 (a) Any candidate or committee that makes a late an election-cycle  contribution that is an in-kind a nonmonetary  contribution shall notify the recipient in writing of the value of the in-kind nonmonetary  contribution. The notice shall be received by the recipient within 24 hours of the time the contribution is made.
(b) Nothing in this section shall relieve a candidate or committee that makes a late in-kind an election-cycle nonmonetary  contribution or the recipient of a late in-kind an election-cycle nonmonetary  contribution from the requirement to file late election-cycle  contribution reports pursuant to Section 84203. However, a report filed by the recipient of a late in-kind an election-cycle nonmonetary  contribution shall be deemed timely filed if it is received by the filing officer within 48 hours of the time the contribution is received.

SEC. 8.

 Section 84204 of the Government Code is amended to read:

84204.
 (a) A committee that makes a late an election-cycle  independent expenditure, as defined in Section 82036.5, 82022.7,  shall report the late election-cycle  independent expenditure by facsimile transmission, guaranteed overnight delivery, or personal delivery within 24 hours of the time it is made. If a late an election-cycle  independent expenditure is required to be reported to the Secretary of State, the report to the Secretary of State shall be by online or electronic transmission only. A late An election-cycle  independent expenditure shall be reported on subsequent campaign statements without regard to reports filed pursuant to this section.
(b) A committee that makes a late an election-cycle  independent expenditure shall report its full name and street address, as well as the name, office, and district of the candidate if the report is related to a candidate, or if the report is related to a measure, the number or letter of the measure, the jurisdiction in which the measure is to be voted upon, and the amount and the date, as well as a description of goods or services for which the late election-cycle  independent expenditure was made. In addition to the information required by this subdivision, a committee that makes a late an election-cycle  independent expenditure shall include with its late election-cycle  independent expenditure report the information required by paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211, covering the period from the day after the closing date of the last campaign report filed to the date of the late election-cycle  independent expenditure, or if the committee has not previously filed a campaign statement, covering the period from the previous January 1 to the date of the late election-cycle  independent expenditure. No information required by paragraphs (1) to (5), inclusive, of subdivision (f) of Section 84211 that is required to be reported with a late an election-cycle  independent expenditure report by this subdivision is required to be reported on more than one late election-cycle  independent expenditure report.
(c) A committee that makes a late an election-cycle  independent expenditure shall file a late an election-cycle  independent expenditure report in the places where it would be required to file campaign statements under this article as if it were formed or existing primarily to support or oppose the candidate or measure for or against which it is making the late election-cycle  independent expenditure.
(d) A report filed pursuant to this section shall be in addition to any other campaign statement required to be filed by this article.
(e) Expenditures that have been disclosed by candidates and committees pursuant to Section 85500 are not required to be disclosed pursuant to this section.

SEC. 9.

 Section 84220 of the Government Code is amended to read:

84220.
 If a slate mailer organization receives a payment of two thousand five hundred dollars ($2,500) or more for purposes of supporting or opposing any candidate or ballot measure in a slate mailer, and the payment is received at a time when, if the payment were a contribution it would be considered a late an election-cycle  contribution, then the slate mailer organization shall report the payment in the manner set forth in Section 84203 for candidates and committees when reporting late election-cycle  contributions received. The slate mailer organization shall, in addition to reporting the information required by Section 84203, identify the candidates or measures whose support or opposition is being paid for, in whole or in part, by each late election-cycle  payment.

SEC. 10.

 Section 84300 of the Government Code is amended to read:

84300.
 (a) No contribution of one hundred dollars ($100) or more shall be made or received in cash.
A cash contribution shall not be deemed received if it is not negotiated or deposited and is returned to the contributor before the closing date of the campaign statement on which the contribution would otherwise be reported. If a cash contribution, other than a late an election-cycle  contribution, as defined in Section 82036, 82022.5,  is negotiated or deposited, it shall not be deemed received if it is refunded within 72 hours of receipt. In the case of a late an election-cycle  contribution, as defined in Section 82036, 82022.5,  it shall not be deemed received if it is returned to the contributor within 48 hours of receipt.
(b) No expenditure of one hundred dollars ($100) or more shall be made in cash.
(c) No contribution of one hundred dollars ($100) or more other than an in-kind contribution shall be made unless in the form of a written instrument containing the name of the donor and the name of the payee and drawn from the account of the donor or the intermediary, as defined in Section 84302.
(d) The value of all in-kind contributions of one hundred dollars ($100) or more shall be reported in writing to the recipient upon the request in writing of the recipient.

SEC. 11.

 Section 84602 of the Government Code is amended to read:

84602.
 (a)  To implement the Legislature’s intent, the Secretary of State, in consultation with the Commission, notwithstanding any other provision of this code, shall do all of the following:
(1) (a)  Develop online and electronic filing processes for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). Those processes shall each enable a user to comply with all of  the disclosure requirements of this title and shall include, at a minimum, both of  the following:
(A) (1)  A means or method whereby filers subject to this chapter may submit required filings free of charge. Any means or method developed pursuant to this subparagraph provision  shall not provide any additional or enhanced functions or services that exceed the minimum requirements necessary to fulfill the disclosure provisions of this title. At least one means or method shall be made available no later than December 31, 2002.
(B) (2)  The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. The Secretary of State shall hold public hearings before  prior to  development of the record format or formats as a means to ensure that affected entities have an opportunity to provide input into the development process. The format or formats shall be made public no later than July 1, 1999, to ensure sufficient time to comply with this chapter.
(2) (b)  Accept test files from software vendors and others wishing to file reports electronically, for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to paragraph (1) subdivision (a)  and is compatible with the Secretary of State’s system for receiving the data. A list of the software and service providers who have submitted acceptable test files shall be published by the Secretary of State and made available to the public. Acceptably formatted files shall be submitted by a filer in order to meet the requirements of this chapter.
(3) (c)  Develop a system that provides for the online or electronic transfer of the data specified in this section using utilizing  telecommunications technology that ensures the integrity of the data transmitted and that creates safeguards against efforts to tamper with or subvert the data.
(4) (d)  Make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. All late election-cycle  contribution and late election-cycle  independent expenditure reports, as defined by Sections 84203 and 84204, respectively, shall be made available on the Internet within 24 hours of receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title.
(5) (e)  Develop a procedure for filers to comply with the requirement that they sign under penalty of perjury pursuant to Section 81004.
(6) (f)  Maintain all filed data online for 10 years after the date it is filed, and then archive the information in a secure format.
(7) (g)  Provide assistance to those seeking public access to the information.
(8) (h)  Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data.
(9) (i)  Provide the Commission with necessary information to enable it to assist agencies, public officials, and others with the compliance with, with  and administration of, of  this title.
(10) (j)  Report to the Legislature on the implementation and development of the online and electronic filing and disclosure requirements of this chapter. The report shall include an examination of system security, private security issues, software availability, compliance costs to filers, use of the filing system and software provided by the Secretary of State, and other issues relating to this chapter, and shall recommend appropriate changes if necessary. In preparing the report, the Commission may present to the Secretary of State and the Legislature its comments regarding this chapter as it relates to the duties of the Commission and suggest appropriate changes if necessary. There shall be one report due before the system is operational as set forth in Section 84603, one report due no later than June 1, 2002, and one report due no later than January 31, 2003.
(11) (k)  Review the current filing and disclosure requirements of this chapter and report to the Legislature, no later than June 1, 2005, recommendations on revising these requirements so as to promote greater reliance on electronic and online submissions.
(b) (1) To implement the Legislature’s intent, as described in Section 84601, the Secretary of State, in consultation with the Commission, shall develop an online filing and disclosure system for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). The system shall enable a user to comply with all of the disclosure requirements of this title and shall include, at minimum, all of the following:
(A) A data-driven means or method that allows filers subject to this chapter to submit required filings free of charge in a manner that facilitates public searches of the data and does all of the following:
(i) Enables a filer to comply with all of the disclosure requirements of this title, including by entering or uploading requisite data or by indicating that the filer had no reportable activity during a particular reporting period.
(ii) Retains previously submitted data so that a filer can access that data to amend disclosures or prepare future disclosures.
(iii) Ensures the security of data entered and stored in the system.
(iv) To the extent feasible, is compatible with potential future capability to accept statements from filers specified in subdivisions (b) to (e), inclusive, of Section 84215.
(B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title.
(2) The Secretary of State shall do all of the following with respect to the online filing and disclosure system developed pursuant to this subdivision:
(A) Accept test files from software vendors and others wishing to file reports electronically for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to this subdivision and is compatible with the Secretary of State’s system for receiving the data. The Secretary of State shall publish and make available to the public a list of the software and service providers who have submitted acceptable test files. A filer shall submit acceptably formatted files in order to meet the requirements of this chapter.
(B) Make the data filed available on the Internet as follows:
(i) In a user-friendly, easily understandable format that provides the greatest public access, including online searches and machine-readable downloads of all data contained in the system, except as specified in clause (iii).
(ii) Free of charge and as soon as possible after receipt, or, in the case of late contribution, late in-kind contribution, and late independent expenditure reports, as defined by Sections 84203, 84203.3, and 84204, respectively, within 24 hours of receipt.
(iii) Not containing the street name or building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title.
(iv) In a manner that allows the public to track and aggregate contributions from the same contributor across filers using a permanent unique identifier assigned by the Secretary of State for this purpose. The Secretary of State shall assign this identifier to, at minimum, each contributor who makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to, or at the behest of, candidates or committees that file electronically with the Secretary of State pursuant to subdivision (a) of Section 84215 or who files with the Secretary of State as a major donor committee under subdivision (c) of Section 82013.
(C) Develop a procedure for filers to comply electronically with the requirement to sign under penalty of perjury pursuant to Section 81004. The electronic signature procedure shall allow the filer to file with the Secretary of State and shall not require an original signature to be filed.
(D) Maintain all filed data online for at least 20 years after the date it is filed, and then archive the information in a secure format.
(E) Provide assistance to those seeking public access to the information.
(F) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data.
(G) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others in complying with and administering this title.
(3) The Secretary of State shall do all of the following with respect to developing the online filing and disclosure system and record format pursuant to this subdivision:
(A) Consult with the Assembly Committee on Elections and Redistricting, the Senate Committee on Elections and Constitutional Amendments, the Commission, users, filers, and other stakeholders, as appropriate, about functions of the online filing and disclosure system.
(B) In consultation with the Commission, and no later than July 31, 2017, hold at least one public hearing to receive input about developing the online filing and disclosure system and record format.
(C) No later than December 31, 2017, submit a report to the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments that includes a plan for the online filing and disclosure system, describes how members of the public will be able to query and retrieve data from the system, and includes a plan for integrating statements as specified in clause (iv) of subparagraph (A) of paragraph (1).
(4) The Secretary of State shall make the online filing and disclosure system developed pursuant to this subdivision available for use no later than February 1, 2019. The Secretary of State may extend this date to a date no later than December 31, 2019, after consulting with the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments and providing to those committees a report that explains the need for the extension and includes a plan for completion.
(5) The Secretary of State may accept any funds, services, equipment, or grants to further this subdivision, provided that the Secretary of State shall notify the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments upon accepting any amount valued at one hundred thousand dollars ($100,000) or more.
(6) Because the provisions of this chapter need to be implemented as expeditiously as possible, the information technology procurement requirements described in Chapter 5.6 (commencing with Section 11545) of Part 1 of Division 3 of Title 2 of this code, and in Section 12100 of the Public Contract Code, do not apply to development of the online filing and disclosure system pursuant to this subdivision. The Secretary of State shall consult with the Department of Technology, as appropriate, in developing the online filing and disclosure system, in order to maximize project success, minimize lifecycle costs, and ensure the security of the system and its data.
(7) (A) Before making the system developed pursuant to this subdivision available for public use, the Secretary of State, in consultation with the Commission, shall test the system to ensure its functionality and then certify that the system meets all the requirements of this subdivision. The Secretary of State may consult with the Department of Technology as needed to fulfill his or her duties under this paragraph.
(B) After the system developed pursuant to this subdivision is certified, the system described in subdivision (a) shall no longer accept reports and filings, unless otherwise directed by the Secretary of State and the Commission. The system described in subdivision (a) shall continue to allow public access to past disclosures unless the Secretary of State migrates that data into the system described in this subdivision.
(c)  On or before December 31, 2017, and on or before every April 15, July 15, October 15, and January 15 thereafter, the Secretary of State shall submit to the chairs of the Joint Legislative Budget Committee and the fiscal committees of the Legislature a quarterly report on the progress of the Cal-Access Project. Specifically, the Secretary of State shall certify whether he or she (1) anticipates making or has made any changes to the project’s scope, schedule, or budget and (2) considers any problems to be a risk to the project’s completion according to the approved project schedule and budget. This reporting requirement shall end upon the completion or termination of the Cal-Access Project.

SEC. 12.

 Section 84605 of the Government Code is amended to read:

84605.
 (a) The following persons shall file online or electronically with the Secretary of State:
(1) Any candidate, including superior court, appellate court, and Supreme Court candidates and officeholders, committee, or other persons who are required, pursuant to Chapter 4 (commencing with Section 84100), to file statements, reports, or other documents in connection with a state elective office or state measure, provided that the total cumulative reportable amount of contributions received, expenditures made, loans made, or loans received is twenty-five thousand dollars ($25,000) or more. In determining the cumulative reportable amount, all controlled committees, as defined by Section 82016, shall be included. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that is first subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title. A committee, as defined in subdivision (c) of Section 82013, shall file online or electronically if it makes contributions of twenty-five thousand dollars ($25,000) or more in a calendar year.
(2) Any general purpose committees, as defined in Section 82027.5, including the general purpose committees of political parties, and small contributor committees, as defined in Section 85203, that cumulatively receive contributions or make expenditures totaling twenty-five thousand dollars ($25,000) or more to support or oppose candidates for any elective state office or state measure. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title.
(3) Any slate mailer organization with cumulative reportable payments received or made for the purposes of producing slate mailers of twenty-five thousand dollars ($25,000) or more. For a slate mailer organization subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a slate mailer organization that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the organization is first subject to this title.
(4) Any lobbyist, lobbying firm, lobbyist employer, or other persons required, pursuant to Chapter 6 (commencing with Section 86100), to file statements, reports, or other documents, provided that the total amount of any category of reportable payments, expenses, contributions, gifts, or other items is two thousand five hundred dollars ($2,500) or more in a calendar quarter.
(b) The Secretary of State shall also disclose on the Internet any late election-cycle  contribution or late election-cycle  independent expenditure report, as defined by Sections 84203 and 84204, respectively, not covered by paragraph (1), (2), or (3) of subdivision (a) or any other provision of law.
(c) Committees and other persons that are not required to file online or electronically by this section may do so voluntarily.
(d) Once a person or entity is required to file online or electronically, subject to subdivision (a) or (c), the person or entity shall be required to file all subsequent reports online or electronically.
(e) It shall be presumed that online or electronic filers file under penalty of perjury.
(f) Persons filing online or electronically shall also continue to file required disclosure statements and reports in paper format. The paper copy shall continue to be the official filing for audit and other legal purposes until the Secretary of State, pursuant to Section 84606, determines the system is operating securely and effectively.
(f) (g)  The Secretary of State shall maintain at all times a secured, official version of all original online and electronically filed statements and reports required by this chapter, which  chapter. Upon determination by the Secretary of State, pursuant to Section 84606, that the system is operating securely and effectively, this online or electronic version  shall be the official version for audit and other legal purposes.
(g) (h)  Except for statements related to a local elective office or a local ballot measure filed by a candidate for local elective office who is also a candidate for elective state office, a copy of a statement, report, or other document filed by online or electronic means with the Secretary of State shall not be filed with a local filing officer.

SEC. 13.

 Section 84620 is added to the Government Code, to read:

84620.
 (a) It is the intent of the Legislature that the Secretary of State develop a statewide electronic filing system that provides for all of the following:
(1) Electronic filing of committee organization statements.
(2) Electronic filing of lobbyist, lobbying firm, and lobbyist employer registrations.
(3) Electronic filing of campaign statements by all state committees, without regard to the amounts of contributions and expenditures.
(4) Electronic filing of periodic reports filed by lobbyists, lobbying firms, and lobbyist employers.
(5) Electronic filing of reports by all major donors at the state level when specified thresholds are met.
(6) A statewide, Internet-accessible system that provides for search capabilities that are data driven and user-friendly for all members of the public.
(7) A system that provides for lobbying and committee data to be made regularly available to the public in raw, machine-readable data format.
(b) Not later than December 31, 2014, the Secretary of State shall develop a feasibility study report that will outline the technology requirements and the costs of the electronic filing system. The Secretary of State shall consult and coordinate with other state agencies that he or she deems appropriate, including, but not limited to, the Commission, with respect to data transitioning. The report shall include an examination of the feasibility of establishing a statewide electronic filing system that permits state-required committee disclosure forms and reports to be imported into the statewide database, according to data standards established by the Secretary of State, from each local jurisdiction that has its own electronic filing system.

SEC. 14.

 Section 91013 of the Government Code is amended to read:

91013.
 (a) If any a  person files an original statement or report after any  the applicable  deadline imposed by this act, title,  he or she shall, in addition to any other penalties or remedies established by this act, title,  be liable in the amount of ten thirty  dollars ($10) ($30)  per day after the deadline until the statement or report is filed, to the officer with whom the statement or report is required to be filed. Liability need not be enforced by the filing officer if if,  on an impartial basis basis,  he or she determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, this title,  except that no liability shall be waived if a statement or report is not filed within 30 days for a statement of economic interest, other than a candidate’s statement filed pursuant to Section 87201, five 5  days for a campaign statement required to be filed 12 days before an election, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement.
(b) If any a  person files a copy of a statement or report after any  the applicable  deadline imposed by this act, title,  he or she shall, in addition to any other penalties or remedies established by this chapter, title,  be liable in the amount of ten thirty  dollars ($10) ($30)  per day, starting 10 days, or five 5  days in the case of a campaign statement required to be filed 12 days before an election, after the filing  officer has sent specific written notice of the filing requirement and until the statement or report  is filed.
(c) For purposes of this section, a campaign statement or report filed on behalf of a committee shall be deemed filed even if the treasurer does not have a current certification pursuant to Section 84100.
(c) (d)  (1)  The filing  officer shall deposit any funds received under this section into the general fund of the jurisdiction of which he or she is an officer. No liability under this section shall exceed the cumulative amount stated in the late statement or report, or one hundred dollars ($100), whichever is greater. 
(2) Notwithstanding paragraph (1), if the Secretary of State is the filing officer, he or she shall deposit two-thirds of any funds received under this section into the Political Disclosure, Accountability, Transparency, and Access Fund, and deposit the remainder of those funds into the General Fund.
(3) Liability under this section shall not exceed 150 percent of the cumulative amount stated in the late statement or report, or one thousand dollars ($1,000), whichever is greater.
SEC. 15.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 16.
 The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.