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50 State Chart Statutes on E filing Online Access to Financial Disclosure Forms

50 State Chart: Statutes on E-filing, Online Access to Financial Disclosure Forms

12/10/2013

 

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State/Statute

Language

Alabama
36-25-4.3     

Ethics Commission - Electronic database filing and access. The commission, by April 1, 2012, shall implement and maintain each of the following:(1) A system for electronic filing of all statements, reports, registrations, and notices required by this chapter.
(2) An electronic database accessible to the public through an Internet website which provides at least the following capabilities:
a. Search and retrieval of all statements, reports, and other filings required by this chapter, excluding complaints made confidential by Section 36-25-4(b), by the name of the public official or public employee to which they pertain.
b. Generation of an aggregate list of all things of value provided to each public official or public employee and family member of a public official or public employee as reported pursuant to Section 36-25-19, searchable and retrievable by the name of the public official or public employee.


Alaska
39.50.050
a) The Alaska Public Offices Commission created under AS 15.13.020(a) shall administer the provisions of this chapter. The commission shall prepare and keep available for distribution standardized forms on which the reports required by this chapter shall be filed. The commission shall print the forms provided under this section so that the front and back of each page have the same orientation when the page is rotated on the vertical axis of the page. The commission shall require that the information required under this chapter be submitted electronically but may, when circumstances warrant an exception, accept any information required under this chapter that is typed in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission and that is filed with the commission…
Arizona
41-134  
 
Electronic database system; procedures
A. Subject to legislative appropriation or transfer of monies, the secretary of state shall develop electronic database systems for financial disclosures required under title 38, chapter 3.1, article 1 and lobbyist reporting requirements under chapter 7, article 8.1 of this title.
B. The electronic database system shall allow a county, city or town to elect to use the secretary of state's system subject to:
1. Approval of the local governing body.
2. The local governing body conforming the local governing body's financial disclosure requirement and lobbying disclosure requirements with requirements of this state.
C. This section does not require the secretary of state to provide for a system that complies with filing requirements other than those required in sections 38-542 and 38-543 and chapter 7, article 8.1 of this title.
Arkansas
§ 21-8-701      
Persons required to file—Exceptions—Contents
All statements of financial interest required to be filed with the Secretary of State on or after January 1, 2010, shall be made publicly accessible at no charge by the Secretary of State in electronic form through the Internet.   
California

Government Code.

87500.2.  (a) An agency may permit the electronic filing of a

statement of economic interests required by Article 2 (commencing

with Section 87200) or Article 3 (commencing with Section 87300),

including amendments, in accordance with regulations adopted by the

Commission...

Colorado  
Connecticut  
Delaware  
Florida
112.31445
Electronic filing system; full and public disclosure of financial interests.

(1)  As used in this section, the term “electronic filing system” means an Internet system for recording and reporting full and public disclosure of financial interests or any other form that is required pursuant to s. 112.3144.

(2)  Beginning with the 2012 filing year, all full and public disclosures of financial interests filed with the commission pursuant to s. 8, Art. II of the State Constitution or s. 112.3144 must be scanned and made publicly available by the commission through a searchable Internet database.

(3)  By Dec. 1, 2015, the commission shall submit a proposal to the President of the Senate and the Speaker of the House of Representatives for a mandatory electronic filing system. The proposal must, at a minimum:

(a) Provide for access through the Internet.

(b)  Establish a procedure to make filings available in a searchable format that is accessible by an individual using standard web-browsing software.

(c) Provide for direct completion of the full and public disclosure of financial interests forms as well as upload such information using software approved by the commission.

(d) Provide a secure method that prevents unauthorized access to electronic filing system functions.

(e)  Provide a method for an attorney or certified public accountant licensed in this state to sign the disclosure form to indicate that he or she prepared the form in accordance with s. 112.3144 and the instructions for completing and filing the disclosure form and that, upon his or her reasonable knowledge and belief, the form is true and correct.

(f) Address whether additional statutory or rulemaking authority is necessary for implementation of the system, and must include, at a minimum, the following elements: alternate filing procedures to be used in the event that the commission’s electronic filing system is inoperable, issuance of an electronic receipt via electronic mail indicating and verifying to the individual who submitted the full and public disclosure of financial interests form that the form has been filed, and a determination of the feasibility and necessity of including statements of financial interests filed pursuant to s. 112.3145 in the proposed system.

Georgia
21-5-50 
(d) All state-wide elected officials and members of the General Assembly shall file financial disclosure statements electronically with the commission.
(e) The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct.
Hawaii  
Idaho  

Illinois

5 ILCS 420/4A-106

5 ILCS 420/4A-108

S 420/4A-108

             Statements of economic interests filed under this Section (statements of economic interest) shall be available for examination and copying by the public at all reasonable times. Not later than 12 months after the effective date of this amendatory Act of the 93rd General Assembly, beginning with statements filed in calendar year 2004,the Secretary of State shall make statements of economic interests filed with the Secretary available for inspection and copying via the Secretary's website.

 

Internet-based systems of filing.
    (a) Notwithstanding any other provision of this Act or any other law, a county clerk is authorized to institute an Internet-based system for the filing of statements of economic interests in his or her office. The determination to institute such a system shall be in the sole discretion of the county clerk and shall meet the requirements set out in this Section. When this Section does not modify or remove the requirements set forth elsewhere in this Article, those requirements shall apply to any system of Internet-based filing authorized by this Section. When this Section does modify or remove the requirements set forth elsewhere in this Article, the provisions of this Section shall apply to any system of Internet-based filing authorized by this Section.
    (b) In any system of Internet-based filing of statements of economic interests instituted by a county clerk:
        (1) Any filing of an Internet-based statement of

 

            economic interests shall be the equivalent of the filing of a verified, written statement of economic interests as required by Section 4A-101 and the equivalent of the filing of a verified, dated, and signed statement of economic interests as required by Section 4A-104.

 

        (2) A county clerk who institutes a system of Internet-based filing of statements of economic interests shall establish a password-protected web site to receive the filings of such statements. A website established under this Section shall set forth and provide a means of responding to the items set forth in Section 4A-102 that are required of a person who files a statement of economic interests with that officer.

 

        (3) The times for the filing of statements of economic interests set forth in Section 4A-105 shall be followed in any system of Internet-based filing of statements of economic interests; provided that a candidate for elective office who is required to file a statement of economic interests in relation to his or her candidacy pursuant to Section 4A-105(a) shall not use the Internet to file his or her statement of economic interests but shall file his or her statement of economic interests in a written or printed form and shall receive a written or printed receipt for his or her filing.

 

        (4) In the first year of the implementation of a system of Internet-based filing of statements of economic interests, each person required to file such a statement is to be notified in writing of his or her obligation to file his or her statement of economic interests and the option to file by way of the Internet-based system or by way of standardized form. If access to the web site requires a code or password, this information shall be included in the notice prescribed by this paragraph.

 

        (5) When a person required to file a statement of economic interests has supplied a county clerk with an email address for the purpose of receiving notices under this Article by email, a notice sent by email to the supplied email address shall be the equivalent of a notice sent by first class mail, as set forth in Section 4A-106. A person who has supplied such an email address shall notify the county clerk when his or her email address changes or if he or she no longer wishes to receive notices by email.

 

        (6) If any person who is required to file a statement f economic interests and who has chosen to receive notices by email fails to file his or her statement by May 10, then the county clerk shall send an additional email notice on that date, informing the person that he or she has not filed and describing the penalties for late filing and failing to file. This notice shall be in addition to other notices provided for in this Article.

 

        (7) Each county clerk who institutes a system of Internet-based filing of statements of economic interests may also institute an Internet-based process for the filing of the list of names and addresses of persons required to file statements of economic interests by the chief administrative officers of units of local government that must file such information with that county clerk pursuant to Section 4A-106. Whenever a county clerk institutes such a system under this paragraph, every unit of local government must use the system to file this information.

 

        (8) Any county clerk who institutes a system of Internet-based filing of statements of economic interests shall post the contents of such statements filed with him or her available for inspection and copying on a publicly accessible website. Such postings shall not include the addresses of the filers.

             

Indiana  

Iowa

68B.32A

68B.35A 
(For the executive branch) The duties of the board shall include, but are not limited to, all of the following:

3. Establish a process to assign signature codes to a person or committee for purposes of facilitating an electronic filing procedure. The assignment of signature codes shall be kept confidential, notwithstanding section 22.2. The board and persons electronically filing reports and statements shall keep assigned signature codes or subsequently selected signature codes confidential. Signature codes shall not be subject to state security policies regarding frequency of change.

 

17. At the board’s discretion, develop and operate a searchable internet site database that provides access to information on statements or reports filed with the board. For purposes of this subsection, “searchable internet site database” means an internet site database that allows the public to search and aggregate information and is in a downloadable format.

 

Personal financial disclosure statements of state officials and employees — internet access.

Personal financial disclosure statements filed with the chief clerk of the house or the secretary of the senate shall be recorded on the legislative internet website or copies of the personal financial disclosure statements shall be forwarded to the secretary of state for the recording of the information on an internet website. The (executive) board shall record personal financial disclosure statements filed with the board on an internet website.

Kansas  
Kentucky  

Louisiana

42:1158

42:1159

§1158.  Board of Ethics Computerized Data Management System; purpose; goals

A. (1)  To enhance the board's ability to govern and enforce the Code of Governmental Ethics and to provide efficient and economical dissemination of information, the board shall establish the Board of Ethics Computerized Data Management System.

(2)  The following basic specifications shall be designed into the board's computerized data management system:
(a)  The system shall be capable of handling each type of report required to be filed with the board.
(b)  The system shall permit electronic filing of all reports required to be filed with the board or as provided for by this Chapter.
(c)  The system shall provide for in-house review of all reports filed with the board.
(d)  The system's database shall be categorized to provide for citizen's access of all reports filed with the board.  This access shall include, but not be limited to, the ability of the public to search by contributor names the system's database of campaign finance disclosure reports that are required to be filed electronically by R.S. 18:1485 and R.S. 42:1125.
(e)  The system shall provide a person viewing campaign finance reports filed electronically by a candidate pursuant to R.S. 18:1485 with a link to all reports filed pursuant to R.S. 42:1124.6 in which the candidate is listed.

B.  The computerized data system shall be used to aid in the distribution of materials to state and local agencies as provided in R.S. 42:1170.

C.  Notwithstanding any contrary provision of this Section, any material or information which is confidential as provided by law shall be excluded from such public access.

D.  The Board of Ethics Computerized Data Management System shall commence basic operations no later than May 1, 1997, with total implementation of the system as provided for in this Subpart by May 1, 1998.

1159.  Access; Internet; restrictions

A.  To enhance the public's ability to gather information easily regarding the conduct of elected officials, public employees, and other persons regulated by the board, the board shall maintain a website which allows the public to quickly and easily review disclosure reports filed with the board, agendas of board meetings, and opinions and decisions rendered by the board.

B.  The board shall regularly review and update its website to improve access to its public information.

C.  The board shall not reduce or impair in any manner the level of the public's access via the Internet to the information provided by the board on its website from the level of access that exists on June 5, 2003.

D.  The board shall exclude from the website any material or information which is confidential as provided by law.

Maine

1016-G   

  5. Public record.  Statements filed under this section (Disclosure of specific sources of income, interests and reportable liabilities) are public records. The commission shall publish on a publicly accessible website the completed forms of Legislators filed under this section.

Maryland

15-601

15-602 
(a)   Except as otherwise provided in this subtitle, a statement filed under § 15-601, § 15-603, § 15-604, or § 15-605 of this subtitle shall:

(1)   be filed with the Ethics Commission;

(2)   be filed under oath;

(3)   be filed on or before April 30 of each year;

(4)   cover the calendar year immediately preceding the year of filing; and

(5)   contain the information required in § 15-607 of this subtitle.

(b)   Notwithstanding subsection (a)(1) of this section, a statement filed by a member of the General Assembly shall be filed in duplicate with the Joint Ethics Committee.

(c)    (1) In addition to the statement filed under § 15-601 of this subtitle, a member of the General Assembly shall file a preliminary disclosure on or before the seventh day of the regular legislative session if there will be a substantial change in the statement covering the calendar year immediately preceding the year of filing, as compared to the next preceding calendar year.

(2)   A member of the General Assembly whose statement under § 15-601 of this subtitle will not contain a substantial change is not required to file a preliminary disclosure under paragraph (1) of this subsection.

(3)   The Joint Ethics Committee shall:

(i)   prescribe the form of a preliminary disclosure under this subsection; and

(ii)   determine which aspects of financial disclosure are subject to this subsection.

(4)   A preliminary disclosure shall be filed and maintained, and may be disclosed, in the same manner prescribed for a statement filed under § 15-601 of this subtitle.

(d)    (1) The Ethics Commission shall develop procedures under which a statement under this subtitle may be filed electronically and without additional cost to the individual who files the statement.

(2)    (i) To comply with the requirement of paragraph (1) of this subsection, the Ethics Commission may adopt regulations to modify the format for disclosure of information required under § 15-607 of this subtitle.

(ii)   The regulations adopted under this paragraph shall be consistent with the intent of this title.

(e)    (1) If the financial disclosure statement filed electronically under subsection (d) of this section is required to be made under oath or affirmation, the oath or affirmation shall be made by an electronic signature that:

(i)   is in the financial disclosure statement or attached to and made part of the financial disclosure statement; and

(ii)   is made expressly under the penalties for perjury.

(2)   An electronic signature made under paragraph (1) of this subsection subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.

Massachusetts  
Michigan  

Minnesota

10A.025

10A.027    

FILING REQUIREMENTS. Subd. 1a.Electronic filing. A report or statement required to be filed under this chapter may be filed electronically. The board shall adopt rules to regulate electronic filing and to ensure that the electronic filing process is secure.

INFORMATION ON WEB SITE. The board must not post on its Web site any canceled checks, bank account numbers, credit card account numbers, or Social Security numbers that may be in the board's possession as a result of report or statement filings, complaints, or other proceedings under this chapter.

Mississippi

§ 25-4-17

§ 25-4-27  
  Duties of commission
   (e) Make statements of economic interest which are required to be filed by this chapter available by means of the commission's Internet Web site on or before Jan. 1, 2010, as well as at the physical office location of the commission for public inspection and copying during regular business hours;
   (k) Maintain an Internet Web site capable of supporting the public information access and filing capabilities required under this chapter.

 

Contents of statements.

Each person specified under Section 25-4-25 shall file a statement in accordance with the provisions of this chapter in the manner and format prescribed by the commission which shall be certified as to the accuracy and completeness of the information set forth to the best knowledge of the person submitting the statement. The commission shall develop a system of electronic filing for use by persons required to file a statement of economic interest. The commission shall implement the electronic filing system on or before January 1, 2010. Any person required to file with the commission shall file electronically on and after Jan. 1, 2010.

Missouri  
Montana  
Nebraska  

Nevada

281.559  

281.572 (exemptions)

281.573    

    Electronic filing by certain appointed public officers; exceptions; date on which statement deemed filed; access through secure website; regulations.
1. Except as otherwise provided in subsections 2 and 3 and NRS 281.572, if a public officer who was appointed to the office for which the public officer is serving is entitled to receive annual compensation of $6,000 or more for serving in that office or if the public officer was appointed to the office of Legislator, the public officer shall file electronically with the Secretary of State a statement of financial disclosure, as follows:
5. Except as otherwise provided in NRS 281.572 the Secretary of State shall provide access through a secure website to the statement of financial disclosure to each person who is required to file the statement with the Secretary of State pursuant to this section.     
6. The Secretary of State may adopt regulations necessary to carry out the provisions of this section.

Retention by Secretary of State.
1. Except as otherwise provided in subsection 2, statements of financial disclosure required by the provisions of NRS 281.558 to 281.572, inclusive, must be retained by the Secretary of State for 6 years after the date of filing
 2. For public officers who serve more than one term in either the same public office or more than one public office, the period prescribed in subsection 1 begins on the date of the filing of the last statement of financial disclosure for the last public office held.

New Hampshire

15A:5

Form of Disclosure. – The secretary of state shall establish a uniform statement of financial interests, which may be in paper or electronic form.

    IV. The secretary of state shall maintain the statement of financial interests for 6 years, after which time the statement may be destroyed. The public information on the forms shall be available to the public in the form of a photocopy or an electronic record. The secretary of state shall, as soon as is practical, implement an electronic record keeping system that makes the public information on statements of financial interest available to the public through the internet.

New Jersey

52:13D-21  

(n) Financial disclosure statements required to be submitted to the commission by law, regulation or executive order shall be made available to the public, promptly after receipt, on the Internet site of the commission, commencing with submissions for 2005. (for executive branch only)
New Mexico  

New York

73-a (k) (for executive branch)

73-a (k) (for executive branch)

(k)The joint commission on public ethics shall post for at least five years beginning for filings made on January first, two thousand thirteen the annual statement of financial disclosure and any amendments filed by each person subject to the reporting requirements of this subdivision who is an elected official on its website for public review within thirty days of its receipt of such statement or within ten days of its receipt of such amendment that reflects any corrections of deficiencies identified by the commission or by the reporting individual after the reporting individual's initial filing. Except upon an individual determination by the commission that certain information may be deleted from a reporting individual's annual statement of financial disclosure, none of the information in the statement posted on the commission's website shall be otherwise deleted.

North Carolina  
North Dakota  

Oklahoma

257:51-305

257:15-1-7  

 Powers and responsibilities of Ethics Commission.

The Ethics Commission shall:

1.  Serve as the official repository for financial disclosure statements…

3.  Make available from its website forms upon which information shall be provided as required by the Political Subdivisions Ethics Act and copies of the Political Subdivisions Ethics Act for all candidates, committees, officials, and employees required to submit such forms;

The information shall be filed on forms prescribed by the Commission or utilizing form software provided by the Commission.

Oregon  
Pennsylvania  
Rhode Island  

South Carolina

8-13-365 

 Electronic filing system for disclosures and reports; public accessibility.
(A) The commission shall establish a system of electronic filing for all disclosures and reports required pursuant to Chapter 13, Title 8 and Chapter 17, Title 2 from all persons and entities subject to its jurisdiction. These disclosures and reports must be filed using an Internet-based filing system as prescribed by the commission. Reports and disclosures filed with the Ethics Committees of the Senate and House of Representatives for legislative offices must be in a format such that these filings can be forwarded to the State Ethics Commission using an Internet-based system. The information contained in the reports and disclosure forms, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable.

(B) The Ethics Commission must submit to the General Assembly a report no later than one year after implementation of subsection (A), concerning the effectiveness of mandatory electronic filing, and must make recommendations as to the implementation of mandatory filing for all other candidates and entities.

South Dakota  

Tennessee

2-10-128         

 
Texas  

Utah

76-8-109

JR 6-1-201

c) (ii) The lieutenant governor, the secretary of the Senate, and the chief clerk of the House of Representatives shall ensure that blank financial disclosure forms are available on the Internet and at their offices.
(d) Financial disclosure forms that are filed under the procedures and requirements of this section shall be made available to the public:
            (i) on the Internet; and
            (ii) at the office where the form was filed.
(e) This section's requirement to disclose a conflict of interest does not prohibit a regulated officeholder from voting or acting on any matter.
Vermont  
Virginia  

Washington

42.17A.055  
 

  (1) The commission shall make available to candidates, public officials, and political committees that are required to file reports under this chapter an electronic filing alternative for submitting financial affairs reports, contribution reports, and expenditure reports.

(2) The commission shall make available to lobbyists and lobbyists' employers required to file reports under RCW 42.17A.600, 42.17A.615, 42.17A.625, or 42.17A.630 an electronic filing alternative for submitting these reports.

(3) The commission shall make available to candidates, public officials, political committees, lobbyists, and lobbyists' employers an electronic copy of the appropriate reporting forms at no charge.

 

*State agencies will be required to file electronically in 2014, per 2013 Substitute House bill 1093

West Virginia

6B-2-6 

The Ethics Commission shall, in addition to making all financial disclosure statements available for inspection upon request:

 (1) Publish on the internet all financial disclosure statements filed by members of the legislature and candidates for legislative office, elected members of the executive department and candidates for the offices that constitute the executive department, and members of the Supreme Court of Appeals and candidates for the Supreme Court of Appeals, commencing with those reports filed on or after Jan. 1, 2012.

Wisconsin  
Wyoming  

 

 

 



 
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