California Senate Bill SB3 Amended / Bill

 BILL NUMBER: SB 3AMENDED BILL TEXT AMENDED IN SENATE APRIL 22, 2013 AMENDED IN SENATE MARCH 14, 2013 INTRODUCED BY Senators Yee and Lieu  (   Coauthors:   Assembly Members   Pan   and Ting  )  DECEMBER 3, 2012 An act to amend Sections 84100, 84101, 84103, 84108, 84200.6, 84203, 84203.3, 84204, 84215, 84220, 84300, 84602, 84605, and 91013 of, to amend and renumber Sections 82036 and 82036.5 of, and to add  Sections 84202.8, 84202.9, and   Section  84620 to, the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGEST SB 3, as amended, Yee. Political Reform Act of 1974. (1) Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures, as defined, and imposing other reporting and recordkeeping requirements on campaign committees, as defined. A violation of the act's provisions is punishable as a misdemeanor. This bill would revise the terms "late contribution" and "late independent expenditure," as defined in the act, to "election-cycle contribution" and "election-cycle independent expenditure," respectively, and would make conforming changes. The bill would also increase the fines and penalties imposed for campaign statements and reports that are filed late. (2) The act requires each committee to file a statement of organization within 10 days of becoming a committee. The act also requires a committee to file an amended statement of organization whenever there is a change to the information contained in the statement of organization. The act requires certain committees to file the original statement with the Secretary of State and a copy to be filed with the local filing officer. The act requires the Secretary of State to forward a copy of the statement of organization to the county elections official, and for the county elections official to forward a copy to appropriate city clerks. The act requires the Secretary of State, in consultation with the Commission, to develop online and electronic filing processes for specified entities. This bill would require that the statement and any amendments be filed with the Secretary of State by online or electronic means. The bill would reduce the time in which the statement of organization must be filed to 5 days. The bill would authorize a committee to satisfy the local filing requirement by online or electronic means if the local filing officer accepts filing by online or electronic means. This bill would specify that the Secretary of State and the county elections officials forward copies of the statement or organization by online or electronic means. This bill would also require the Secretary of State to  work toward the development of   develop  a single, statewide electronic filing system that consolidates the filing of all state and local campaign statements and reports into one searchable database that meets specified criteria. The bill would require the Secretary of State to develop a feasibility study report for the electronic filing system by December 31, 2014, to develop a funding plan, to engage in fundraising, and to complete work on the electronic filing system by December 31, 2018. (3) The act requires each committee to have a designated treasurer who is identified in the statement of organization. A committee may not make an expenditure without the authorization of the treasurer. This bill would require a treasurer for a committee or committees that have made cumulative contributions or expenditures in excess of $250,000 to complete an online certification 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 within 20 business days after being designated as the treasurer, or within 20 business days of exceeding the $250,000 threshold if the committees have not exceeded the threshold at the time the treasurer is designated. The bill would require the treasurer to make certain verifications under penalty of perjury. By creating a new crime, this bill would impose a state-mandated local program. (4) The act requires a committee to file certain special campaign statements, in addition to semi-annual and preelection campaign statements. The act requires certain officers to file these statements by online or electronic means and a copy in paper format with the Secretary of State.  This bill would establish a postelection campaign statement that elected officers, candidates, and committees would be required to file after an election covering a time period starting on the day after the closing date of the last campaign statement required to be filed prior to the election and ending on the final calendar day of the month in which the election occurred. The bill would also establish a cumulative campaign statement to be filed by certain officers, candidates, and committees after an election that occurs in an even-numbered year that covers a time period of 2 calendar years. The bill would require the Fair Political Practices Commission to adopt regulations with respect to filing cumulative campaign statements for special elections and elections in odd-numbered years.  This bill would repeal the requirement that a committee file a paper copy of a campaign statement in addition to the online or electronic filing. (5) The act requires certain reports, such as late contribution and late independent expenditure reports, to be filed within 24 hours by facsimile transmission, guaranteed overnight delivery, or personal delivery. This bill would additionally authorize certain reports that have a 24-hour filing deadline to be filed by online transmission. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (7) 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: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 82036 of the Government Code is amended and renumbered to read: 82022.5. "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 within 90 days before the date of the 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. SEC. 2. Section 82036.5 of the Government Code is amended and renumbered to read: 82022.7. "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 within 90 days before 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 who serves as a treasurer for one or more committees that have made cumulative contributions or expenditures in excess of two hundred fifty thousand dollars ($250,000) shall complete an online certification 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. If the cumulative contributions or expenditures for a treasurer's committees are two hundred fifty thousand dollars ($250,000) or less at the time the treasurer is designated as treasurer for a committee, that treasurer shall be required to complete the online certification course within 20 business days after the date upon which the contributions or expenditures of the committee or committees exceed two hundred fifty thousand dollars ($250,000). The course shall require each applicant for certification 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 certification pursuant to this subdivision a fee not to exceed fifty dollars ($50). The fee may be paid with, or reimbursed from, campaign funds, as defined in Section 89511. (3) Each treasurer shall verify, under penalty of perjury, on a statement of organization required by Section 84101, or on an amendment to a statement of organization required by Section 84103, that he or she has been certified pursuant to this subdivision. (4) A treasurer shall renew his or her certification pursuant to this subdivision every two years. (5) The Commission shall maintain on its Internet Web site a list of treasurers who are currently certified pursuant to this subdivision. 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 statement of organization by online or electronic means with the Secretary of State, pursuant to Chapter 4.6 (commencing with Section 84600), 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. A committee may satisfy the local filing requirement by online or electronic means if the local filing officer accepts filing by online or electronic means. The statement of organization shall be filed within five 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 by online or electronic means. 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 by online or electronic means. (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 a preelection statement, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.7, 84200.8, or 84200.9, the committee shall file, by facsimile transmission, guaranteed overnight delivery, personal delivery, or online transmission 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 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 Sections 84203.5 and 84204. (d) For purposes of this section, in calculating whether one thousand dollars ($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 84103 of the Government Code is amended to read: 84103. (a) Whenever there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the amendment with the Secretary of State by online or electronic means and shall also file a copy of the amendment 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. (b) In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file its campaign reports pursuant to Section 84215 when the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.7 or 84200.8, if any of the following information is changed: (1) The name of the committee. (2) The name of the treasurer or other principal officers. (3) The name of any candidate or committee by which the committee is controlled or with which it acts jointly. The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committee's name and identification number. A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner. SEC. 6. Section 84108 of the Government Code is amended to read: 84108. (a) Every slate mailer organization shall comply with the requirements of Sections 84100, 84101, 84103, and 84104. (b) The statement of organization of a slate mailer organization shall include: (1) The name, street address, and telephone number of the organization. In the case of an individual or business entity that qualifies as a slate mailer organization, the name of the slate mailer organization shall include the name by which the individual or entity is identified for legal purposes. Whenever identification of a slate mailer organization is required by this title, the identification shall include the full name of the slate mailer organization as contained in its statement of organization. (2) The full name, street address, and telephone number of the treasurer and other principal officers. (3) The full name, street address, and telephone number of each person with final decisionmaking authority as to which candidates or measures will be supported or opposed in the organization's slate mailers. (c) The statement of organization shall be filed with the Secretary of State within 10 days after the slate mailer organization receives or is promised five hundred dollars ($500) or more for producing one or more slate mailers. However, if an entity qualifies as a slate mailer organization before the date of an election in which it 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 84218, the slate mailer organization shall file with the Secretary of State, by facsimile transmission, guaranteed overnight delivery, online transmission, or personal delivery within 24 hours of qualifying as a slate mailer organization, the information required to be reported in the statement of organization. SEC. 7. 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.  (b) Postelection campaign statements when required by Section 84202.8.   (c) Cumulative campaign statements when required by Section 84202.9.   (d) "Election-cycle   (b)     Election-cycle  contribution reports when required by Section 84203.  (e)   (c)  Independent expenditure reports when required by Section 84203.5.  (f) "Election-cycle   (d)     Election-cycle  independent expenditure reports when required by Section 84204.  SEC. 8.   Section 84202.8 is added to the Government Code, to read: 84202.8. In addition to the campaign statements required by Section 84200 and 84200.5, elected officers, candidates, and committees shall file a postelection campaign statement on the 20th day of the month following the month in which the election occurred. The postelection campaign statement shall cover the time period starting the day after the closing date of the last campaign statement required to be filed prior to the election and ending the final calendar day of the month in which the election occurred.   SEC. 9.   Section 84202.9 is added to the Government Code, to read: 84202.9. (a) During an even-numbered year, all candidates for elective office to be voted upon in the statewide primary election or statewide general election, their controlled committees, committees formed primarily to support or oppose an elected state officer or candidate for state elective office being voted upon, and all committees formed primarily to support or oppose a ballot measure to be voted upon at the statewide primary election or statewide general election shall file a cumulative campaign statement. The cumulative campaign statement shall be filed by January 31 of the year following the year of the election and shall cover the time period starting January 1 of the odd-numbered year preceding the election and ending December 31 of the year in which the election occurred. (b) For purposes of special elections and elections in odd-numbered years, all candidates, their controlled committees, and committees primarily formed to support or oppose a candidate or ballot measure shall be required to file cumulative campaign statements on a date and for a time period determined by the Commission by regulation.   SEC. 10.   SEC. 8.  Section 84203 of the Government Code is amended to read: 84203. (a) Each candidate or committee that makes or receives an election-cycle contribution, as defined in Section 82022.5, shall report the 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 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 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 election-cycle contribution. The recipient of the election-cycle contribution shall report his or her full name and street address, the date and amount of the 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) An election-cycle contribution shall be reported by facsimile transmission, guaranteed overnight delivery, online transmission, 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 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. An election-cycle contribution shall be reported on subsequent campaign statements without regard to reports filed pursuant to this section. (c) 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 election-cycle contribution pursuant to subdivision (a) or (b) of Section 85309.  SEC. 11.   SEC. 9.  Section 84203.3 of the Government Code is amended to read: 84203.3. (a) Any candidate or committee that makes an election-cycle contribution that is a nonmonetary contribution shall notify the recipient in writing of the value of the 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 an election-cycle nonmonetary contribution or the recipient of an election-cycle nonmonetary contribution from the requirement to file election-cycle contribution reports pursuant to Section 84203. However, a report filed by the recipient of 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. 12.   SEC. 10.  Section 84204 of the Government Code is amended to read: 84204. (a) A committee that makes an election-cycle independent expenditure, as defined in Section 82022.7, shall report the election-cycle independent expenditure by facsimile transmission, guaranteed overnight delivery, online transmission, or personal delivery within 24 hours of the time it is made. If 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. 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 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 election-cycle independent expenditure was made. In addition to the information required by this subdivision, a committee that makes an election-cycle independent expenditure shall include with its 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 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 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 an election-cycle independent expenditure report by this subdivision is required to be reported on more than one election-cycle independent expenditure report. (c) A committee that makes an election-cycle independent expenditure shall file 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 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. 13.   SEC. 11.  Section 84215 of the Government Code is amended to read: 84215. All candidates and elected officers and their controlled committees, except as provided in subdivisions (d) and (e), shall file one copy of the campaign statements required by Section 84200 with the elections official of the county in which the candidate or elected official is domiciled, as defined in subdivision (b) of Section 349 of the Elections Code. In addition, campaign statements shall be filed at the following places: (a) Statewide elected officers, including members of the State Board of Equalization; Members of the Legislature; Supreme Court justices, court of appeal justices, and superior court judges; candidates for those offices and their controlled committees; committees formed or existing primarily to support or oppose these candidates, elected officers, justices and judges, or statewide measures, or the qualification of state ballot measures; and all state general purpose committees and filers not specified in subdivisions (b) to (e), inclusive, shall file a campaign statement by online or electronic means, as specified in Section 84605, with the Secretary of State. (b) Elected officers in jurisdictions other than legislative districts, State Board of Equalization districts, or appellate court districts that contain parts of two or more counties, candidates for these offices, their controlled committees, and committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one of these jurisdictions shall file the original and one copy with the elections official of the county with the largest number of registered voters in the jurisdiction. (c) County elected officers, candidates for these offices, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in any number of jurisdictions within one county, other than those specified in subdivision (d), and county general purpose committees shall file the original and one copy with the elections official of the county. (d) City elected officers, candidates for city office, their controlled committees, committees formed or existing primarily to support or oppose candidates or local measures to be voted upon in one city, and city general purpose committees shall file the original and one copy with the clerk of the city and are not required to file with the local elections official of the county in which they are domiciled. (e) Elected members of the Board of Administration of the Public Employees' Retirement System, elected members of the Teachers' Retirement Board, candidates for these offices, their controlled committees, and committees formed or existing primarily to support or oppose these candidates or elected members shall file the original and one copy with the Secretary of State, and a copy shall be filed at the relevant board's office in Sacramento. These elected officers, candidates, and committees need not file with the elections official of the county in which they are domiciled. (f) Notwithstanding any other provision of this section, a committee, candidate, or elected officer is not required to file more than the original and one copy, or one copy, of a campaign statement with any one county elections official or city clerk or with the Secretary of State. (g) If a committee is required to file campaign statements required by Section 84200 or 84200.5 in places designated in subdivisions (a) to (d), inclusive, it shall continue to file these statements in those places, in addition to any other places required by this title, until the end of the calendar year. (h) If a jurisdiction authorizes the use of filing by online or electronic means and a committee, candidate, or elected officer files the campaign statement by online or electronic means, then the committee, candidate, or elected officer shall not be required to file an original or copy of a campaign statement in paper format, unless otherwise required by statute or local ordinance.  SEC. 14.   SEC. 12.  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 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 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 election-cycle payment.  SEC. 15.   SEC. 13.  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 an election-cycle contribution, as defined in Section 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 an election-cycle contribution, as defined in Section 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. 16.   SEC. 14.  Section 84602 of the Government Code is amended to read: 84602. 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: (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 the disclosure requirements of this title and shall include, at a minimum, the following: (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 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. (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 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. (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 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. (c) Develop a system that provides for the online or electronic transfer of the data specified in this section utilizing telecommunications technology that  assures   ensures  the integrity of the data transmitted and that creates safeguards against efforts to tamper with or subvert the data. (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 election-cycle contribution and 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. (e) Develop a procedure for filers to comply with the requirement that they sign under penalty of perjury pursuant to Section 81004. (f) Maintain all filed data online for 10 years after the date it is filed, and then archive the information in a secure format. (g) Provide assistance to those seeking public access to the information. (h) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data. (i) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others with the compliance with and administration of this title. (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. (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.  SEC. 17.   SEC. 15.  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 election-cycle contribution or 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. (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. 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. (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. 18.   SEC. 16.  Section 84620 is added to the Government Code, to read: 84620. (a) It is the intent of the Legislature to develop a single, statewide electronic filing system that consolidates the filing of all state and local campaign statements and reports required by this title into one searchable database that provides for, but is not limited to, all of the following: (1) Electronic filing of committee organization statements. (2) Electronic filing of campaign statements by all state committees, without regard to the amounts of contributions and expenditures. (3) Electronic filing of reports by all major donors at the state and local levels when specified thresholds are met. (4) A consolidated statewide network that includes a process to import into the statewide database state-required committee disclosures from each local jurisdiction that has its own electronic filing system. (5) A statewide, Internet Web-based database with expanded filing and public search capabilities that are data driven and user-friendly for all members of the public. (b) The Secretary of State shall  work toward development of   develop  the electronic filing system described in subdivision (a) as follows: (1) 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. (2) The Secretary of State shall develop a funding plan that includes a comprehensive and detailed project budget that will be accurate through the duration of the project and will include appropriate and reasonable contingencies. (3) The Secretary of State shall engage in fundraising pursuant to the plan developed pursuant to paragraph (2). (4) Not later than December 31, 2018, the Secretary of State shall complete work on the development, construction, and launch of the electronic filing system described by this section.  SEC. 19.   SEC. 17.  Section 91013 of the Government Code is amended to read: 91013. (a) If a person files an original statement or report after the applicable deadline imposed by this title, he or she shall, in addition to any other penalties or remedies established by this title, be liable in the amount of thirty dollars ($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, on an impartial basis, he or she determines that the late filing was not willful and that enforcement of the liability will not further the purposes of 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, 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 a person files a copy of a statement or report after the applicable deadline imposed by this title, he or she shall, in addition to any other penalties or remedies established by this title, be liable in the amount of thirty dollars ($30) per day, starting 10 days, or 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 not be deemed filed if the treasurer does not have a current certification pursuant to Section 84100. (d) 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 150 percent of the cumulative amount stated in the late statement or report, or one thousand dollars ($1,000), whichever is greater.  SEC. 20.   SEC. 18.  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. 21.   SEC. 19.  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.