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SB-305 Political Reform Act of 1974: electronic filing.(2021-2022)

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Date Published: 02/03/2021 09:00 PM
SB305:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 305


Introduced by Senator Jones

February 03, 2021


An act to amend Section 86100 of the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 305, as introduced, Jones. Political Reform Act of 1974: electronic filing.
The Political Reform Act of 1974 imposes reporting and registration requirements for lobbyists, committees formed for political purposes, and other persons. The act requires specified committees and slate mailer organizations to file their original statements of organization with the Secretary of State and with their local filing officer. The act requires individual lobbyists, lobbying firms, lobbying coalitions, and lobbyist employers, as defined, to file registration statements, any amendments to the statements, and notices of termination with the Secretary of State, both by online or electronic means and physically in paper format.
The act also provides that if the Secretary of State develops and certifies an online filing and disclosure system, as specified, a comprehensive system of online and electronic filing requirements will be imposed, under which specified committees, slate mailer organizations, lobbyists, and other persons are required to file specified documents online or electronically with the Secretary of State without an additional requirement that they be filed in physical form, except as specified.
This bill would immediately impose the online and electronic filing system with respect to specified committees, slate mailer organizations, lobbyists, and other persons. The bill would also eliminate the requirement that individual lobbyists, lobbying firms, lobbying coalitions, and lobbyist employers, as defined, file their registration statements, any amendments, or notices of termination, in physical form with the Secretary of State.
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 of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 86100 of the Government Code is amended to read:

86100.
 (a) The following persons shall register with the Secretary of State:
(1) Lobbying firms.
(2) Lobbyist employers under subdivision (a) of Section 82039.5 who employ one or more in-house lobbyists.
(3) Lobbying coalitions who employ at least one in-house lobbyist.
(b) Each individual lobbyist shall submit a lobbyist certification under Section 86103 for filing with the Secretary of State as part of the registration of the lobbying firm in which the lobbyist is a partner, owner, officer, or employee, or as part of the registration of the lobbyist employer that employs the lobbyist.
(c) Lobbyist employers under subdivision (b) of Section 82039.5 who contract only for a lobbying firm’s services, lobbying coalitions who contract for a lobbying firm’s services and do not employ an in-house lobbyist, and persons described in subdivision (b) of Section 86115, are not required to register with the Secretary of State, but shall maintain records and file quarterly reports under this chapter.
(d) (1) Except as provided in paragraph (2), a registration statement shall be filed both by online or electronic means and physically, submitting the original statement and one copy, in paper format. means.
(2) Upon certification by the Secretary of State of an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602, a registration statement shall be filed by online or electronic means. a person shall use that system to file a registration statement.

SEC. 2.

 Notwithstanding Section 44 of Chapter 662 of the Statutes of 2018, the changes in Sections 84101, 84108, 84605, and 86107 of the Government Code made by Chapter 662 of the Statutes of 2018 shall become operative on the effective date of this act.

SEC. 3.

 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.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure compliance with the filing requirements of the Political Reform Act of 1974 during the COVID-19 pandemic, which has restricted in-person contact and limited access to government facilities, it is necessary that this act take effect immediately.