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2009 California Government Code - Section 87500-87500.1 :: Article 5. Filing
GOVERNMENT CODESECTION 87500-87500.1
87500. Statements of economic interests required by this chapter shall be filed as follows: (a) Statewide elected officer-one original with the agency, which shall make and retain a copy, forward a copy to the Secretary of State, and forward the original to the commission, which shall retain the original and send one copy to the Registrar-Recorder of Los Angeles County and one copy to the Clerk of the City and County of San Francisco. The commission shall be the filing officer. (b) Candidates for statewide elective office-one original and one copy with the person with whom the candidate's declaration of candidacy is filed, who shall forward the copy to the Secretary of State and the original to the commission, which shall retain the original and send one copy to the Registrar-Recorder of Los Angeles County and one copy to the Clerk of the City and County of San Francisco. The commission shall be the filing officer. (c) Members of the Legislature and Board of Equalization-one original with the agency, which shall make and retain a copy, forward a copy to the Secretary of State, and forward the original to the commission, which shall retain the original and send one copy to the elections official of the county that contains the largest percentage of registered voters in the election district that the officeholder represents, and one copy to the elections official of the county in which the officeholder resides. No more than one copy of each statement need be filed with the elections official of any one county. The commission shall be the filing officer. (d) Candidates for the Legislature or the State Board of Equalization-one original and one copy with the person with whom the candidate's declaration of candidacy is filed, who shall forward the copy to the Secretary of State and the original to the commission, which shall retain the original and send one copy to the elections official of the county that contains the largest percentage of registered voters in the election district in which the candidate seeks nomination or election, and one copy to the elections official of the county in which the candidate resides. No more than one copy of each statement need be filed with the elections official of any one county. The commission shall be the filing officer. (e) Persons holding the office of chief administrative officer and candidates for and persons holding the office of district attorney, county counsel, county treasurer, and member of the board of supervisors-one original with the county clerk, who shall make and retain a copy and forward the original to the commission, which shall be the filing officer. (f) Persons holding the office of city manager or, if there is no city manager, the chief administrative officer, and candidates for and persons holding the office of city council member, city treasurer, city attorney, and mayor-one original with the city clerk, who shall make and retain a copy and forward the original to the commission, which shall be the filing officer. (g) Members of the Public Utilities Commission, members of the State Energy Resources Conservation and Development Commission, planning commissioners, and members of the California Coastal Commission-one original with the agency, which shall make and retain a copy and forward the original to the commission, which shall be the filing officer. (h) Members of the Fair Political Practices Commission-one original with the commission, which shall make and retain a copy and forward the original to the office of the Attorney General, which shall be the filing officer. (i) Judges and court commissioners-one original with the clerk of the court, who shall make and retain a copy and forward the original to the commission, which shall be the filing officer. Original statements of candidates for the office of judge shall be filed with the person with whom the candidate's declaration of candidacy is filed, who shall retain a copy and forward the original to the commission, which shall be the filing officer. (j) Except as provided in subdivision (k), heads of agencies, members of boards or commissions not under a department of state government, and members of boards or commissions not under the jurisdiction of a local legislative body-one original with the agency, which shall make and retain a copy and forward the original to the code reviewing body, which shall be the filing officer. The code reviewing body may provide that the original be filed directly with the code reviewing body and that no copy be retained by the agency. (k) Heads of local government agencies and members of local government boards or commissions, for which the Fair Political Practices Commission is the code reviewing body--one original to the agency or board or commission, which shall be the filing officer, unless, at its discretion, the Fair Political Practices Commission elects to act as the filing officer. In this instance, the original shall be filed with the agency, board, or commission, which shall make and retain a copy and forward the original to the Fair Political Practices Commission. (l) Designated employees of the Legislature-one original with the house of the Legislature by which the designated employee is employed. Each house of the Legislature may provide that the originals of statements filed by its designated employees be filed directly with the commission, and that no copies be retained by that house. (m) Designated employees under contract to more than one joint powers insurance agency and who elect to file a multiagency statement pursuant to Section 87350--the original of the statement with the commission, which shall be the filing officer, and, with each agency with which they are under contract, a statement declaring that their statement of economic interests is on file with the commission and available upon request. (n) Members of a state licensing or regulatory board, bureau, or commission-one original with the agency, which shall make and retain a copy and forward the original to the commission, which shall be the filing officer. (o) Persons not mentioned above-one original with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. 87500.1. (a) The Counties of Los Angeles, Merced, Orange, and Stanislaus may permit the electronic filing of a statement of economic interests required by Article 3 (commencing with Section 87300) in accordance with regulations adopted by the Commission. Each participating county shall use the standard form for electronic filing found online, as required by the Commission. (b) A public official subject to Article 2 (commencing with Section 87200) shall not participate in the pilot program. (c) A statement filed electronically must include an electronic transmission that is submitted under penalty of perjury and that conforms to subdivision (b) of Section 1633.11 of the Civil Code. (d) (1) The filing officer shall issue to a person who electronically files his or her statement of economic interests or amendment electronic confirmation that notifies the filer that his or her statement of economic interests or amendment was received. The confirmation shall include the date and the time that the statement of economic interests was received by the filing officer and the method by which the filer may view and print the data received by the filing officer. (2) A paper copy retained by the filer of a statement of economic interests or amendment that was electronically filed and the confirmation issued pursuant to paragraph (1) that shows that the filer timely filed his or her statement of economic interests or amendment shall create a rebuttable presumption that the filer filed his or her statement of economic interests or amendment on time. (e) The filing officer shall utilize a system that includes firewalls, data encryption, secure authentication, and all necessary hardware and software and industry best practices to ensure that the security and integrity of the data and information contained in the statement of economic interests are not jeopardized or compromised. (f) The filing officer shall provide the public with a copy of an official's statement of economic interests upon request, in accordance with Section 81008. The paper copy of the electronically filed statement of economic interests shall be identical to the statement of economic interests published by the Commission and shall include the date that the statement was filed. (g) (1) The pilot program shall commence on or after January 1, 2009, and shall be completed by January 1, 2012. The pilot program shall include the reporting periods of 2008 through 2010. A county participating in the pilot program shall submit a report to the Commission not later than July 1, 2011. The report shall include the following: (A) A listing and estimate of associated operational efficiencies and related savings. (B) A listing and estimate of associated costs from implementing and operating the pilot program. (C) A listing of safety, security, or privacy issues encountered and explanation of how those issues were addressed. (D) Available information relating to feedback from electronic filing participants. (E) Any other relevant information on the implementation of the pilot program. (2) The Commission shall transmit the county reports received, as well as any comments on the reports, to the Legislative Analyst's Office not later than August 15, 2011. The Legislative Analyst's Office shall provide a report to the Legislature evaluating the pilot program not later than February 1, 2012. (h) The Commission, in conjunction with the Legislative Analyst's Office, may develop additional criteria for the report to be submitted to the Commission by participating counties pursuant to paragraph (1) of subdivision (g). (i) This section shall remain in effect until March 1, 2012, and as of that date is repealed, unless a later enacted statute, which is enacted before March 1, 2012, deletes or extends that date.
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