TITLE 2. Administration >> DIVISION 6. Fair Political Practices Commission
2 CA ADC T. 2, Div. 6, References and Annotations

CHAPTER 1. GENERAL
s 18109. Storage of Originals and Copies of Reports (81009).

s 18110. Duties of Filing Officers -Campaign Statements.

s 18115. Duties of Filing Officers and Filing Officials - Statements of Economic Interests.

s 18116. Reports and Statements; Filing Dates.

s 18117. Duties of Filing Officers and Filing Officials - Effect of Non-Compliance on Filing and Disclosure Obligations.
CHAPTER 2. DEFINITIONS
s 18202. Quasi-Legislative Administrative Action.

s 18204.5. Substantial or Regular -Local Government Employees.

s 18208.5. Lobbyist Firms -Definitions and Reporting Requirements

s 18215. Contribution.

s 18215.1. Contributions; When Aggregated.

s 18215.2. Monetary Contributions, When "Accepted."

s 18216. Enforceable Promise to Make a Payment.

s 18217. Nonprofit Organization as Controlled Committee.

s 18225. Expenditure.

s 18225.4. Independent Expenditures; When Aggregated.

s 18225.7. Made at the Behest of.

s 18227. Filing Officer.

s 18228. Gifts -Payments for Food, Accommodations or Transportation.

s 18229. Inclusion of Registered Domestic Partners.

s 18230. Doing Business in the Jurisdiction.

s 18232. Salary and Reimbursement for Expenses or Per Diem Received from a State, Local, or Federal Government Agency.

s 18233. Leasehold Interest.

s 18234. Interests in Trusts.

s 18235. Reporting Interests in a Blind Trust (82030, 82033 and 82034).

s 18236. Parent, Subsidiary, Otherwise Related Business Entity.

s 18238.5. Definition of Lobbying Firm; Individual Contract Lobbyist.

s 18239. Definition of Lobbyist.

s 18239.5. Lobbyist Employer.

s 18241. Cumulation Period for Mass Mailings (82041.5).

s 18249. State Agency (82004, 86100-86300).
CHAPTER 3. FAIR POLITICAL PRACTICES COMMISSION
s 18306. Compensation and Reimbursement for Members of the Fair Political Practices Commission.

s 18307. Honoraria for Members of the Fair Political Practices Commission.

s 18310. Meetings.

s 18312. Rulemaking Procedure.

s 18313. Forms and Manuals.

s 18315. Special Meetings.

s 18316.5. Application of Government Code Section 83116.5.

s 18319. Delegation of Authority.

s 18320. Requests for Opinions.

s 18321. Review of Requests Denied by the Executive Director.

s 18322. Procedures for Issuing Opinions.

s 18323. Hearing on Draft Opinions (83114).

s 18324. Opinions.

s 18325. Time Periods for Preparing Opinions (83114).

s 18326. Petition for Rehearing.

s 18327. Voting Requirements for Formal Action by the Commission.

s 18329. Formal Written Advice and Informal Assistance.

s 18329.5. Commission Advice Procedure - Government Code Sections 87300-87306.

s 18350. Moscone Governmental Conflict of Interest Act. Disclosure of Economic Interests by
Fair Political Practices Commission and Staff.


s 18351. Conflict of Interest Code of the Fair Political Practices Commission.

(b) Appendix

s 18360. Complaints.

s 18361. Enforcement Proceedings.

s 18361.1. Administrative Subpoenas.

s 18361.2. Memorandum Respecting Civil Litigation.

s 18361. 3. Referral of Questions of Law to the Commission.

s 18361.4. Probable Cause Proceedings.

s 18361.5. Administrative Hearings.

s 18361.6. Probable Cause Presentation by Civil or Criminal Prosecutor.

s 18361.7. Executive Director Subpoena Authority.

s 18361.8. Inapplicability of Regulations 18361.1 Through 18361.8 to Other Enforcement
Procedures.


s 18361.9. Briefing Procedure of Proposed Decision by an Administrative Law Judge; Reconsideration.

s 18361.10. Administratively Adjudicated Enforcement Decisions As Precedent.

s 18362. Access to Complaint Files.

s 18363. Administering Oaths and Affirmations.

s 18370. State Agency Ethics Training.

s 18371. Local Agency Ethics Training.
CHAPTER 4. CAMPAIGN DISCLOSURE

s 18401. Required Recordkeeping for Chapter 4.

s 18402. Committee Names.

s 18402.5. Supplemental Pre-Election Statements.

s 18404. Termination of Candidate's and Committees' Filing Requirements.

s 18404.1. Termination and Reopening of Committees.

s 18404.2. Termination of Pre-2001 Committees of Non-Officeholding Candidates.

s 18406. Short Form for Candidates or Officeholders Who Receive and Spend Less than $1,000 in a Calendar Year.

s 18410. Special Filing Provisions.

s 18416. Annual Loan Reports.

s 18419. Sponsored Committees.

s 18420. Reporting of Campaign Contributions and Expenditures of State or Local Government Agencies.

s 18420.5. Campaign Filing Requirements in Connection with the March 26, 1996 Statewide Primary Election.

s 18421. Cash Equivalents.

s 18421.1. Disclosure of the Making and Receipt of Contributions.

s 18421.2. Street Address.

s 18421.4. Reporting Cumulative Amounts for State Elections and State Recipient Committees.

s 18421.6. Reporting Accrued Expenses.

s 18423. Payments for Personal Services as Contributions and Expenditures.

s 18425. Late Contributions; Reports.

s 18426. Semi-Annual Statement Early Filing.

s 18426.1. Assistant Treasurer.

s 18427. Duties of Treasurers and Candidates with Respect to Campaign Statements.

s 18427.1. Notification to Contributors of $5,000 or More.

s 18428. Reporting by Affiliated Entities.

s 18429. Providing a Procedure to Obtain an Exemption from Reporting and Disclosure
Requirements (84102, 84210(g), 84210(h), 84210(j), 84210(k), 84214).


s 18430. Committees Controlled by More Than One Candidate.

s 18431. Reporting of Expenditures by an Agent or Independent Contractor.

s 18432. Reporting Cumulative Contributions and Expenditures for Each Fiscal Year.

s 18432.5. Intermediary.

s 18435. Definition of Mass Mailing and Sender.

s 18438. Contributions to Members of Quasi-Judicial Boards and Commissions.

s 18438.1. Officers and Agencies Under Government Code Section 84308.

s 18438.2. Proceedings Under Government Code Section 84308.

s 18438.3. Agents Under Government Code Section 84308.

s 18438.4. Participants Under Government Code Section 84308.

s 18438.5. Contributions.

s 18438.6. Solicitation, Direction, and Receipt of Contributions Under Government Code Section
84308.


s 18438.7. Prohibitions and Disqualification Under Government Code Section 84308.

s 18438.8. Disclosure Under Government Code Section 84308.

s 18439. Definition of "Personally Deliver."

s 18450.1. Definitions. Advertisement Disclosure.

s 18450.3. Committee Name Identification. Advertisement Disclosure.

s 18450.4. Contents of Disclosure Statements. Advertisement Disclosure.

s 18450.5. Amended Advertising Disclosure.

s 18450.11. Spokesperson Disclosure.

s 18451. CalPERS Board Member Elections -Campaign Statements.

s 18452. Reporting Requirements.

s 18453. CalPERS Board Member Elections - Record Keeping Requirements.

s 18457. Out-of-State Contributors.

CHAPTER 4.6. ONLINE DISCLOSURE
s 18465. Disclosure of Lobbying Entity Identification Numbers.

s 18465.1. Verification of Online Filers.
CHAPTER 5. CAMPAIGN FINANCE REFORM
s 18500. Contribution Limits.

s 18502. Broad Based Political Committee.

s 18502.1. Reporting by Small Contributor Committees.

s 18502.2. Early Registration as Broad Based Political Committee.

s 18503. Small Contributor Committees.

s 18519.4. Surplus Funds from Elections Prior to 1/1/97.

s 18520. Statement of Intention To Be a Candidate.

s 18521. Establishment of Separate Controlled Committee for Each Campaign Account.

s 18522. Payments From Personal Funds for Filing Fee or Candidate Statement.

s 18523. Nondesignated Contributions or Loans.

s 18523.1. Written Solicitation for Contributions.

s 18524. Investment and Expenditure of Candidates' Campaign Funds.

s 18525. Incumbent Candidates' Election Expenses and Officeholder Expenses.

s 18526. Reimbursement of Expenditures.

s 18526.1. Use of Personal Funds for Officeholder Expenditures.

s 18530. Use of Public Funds.

s 18530.1. Use of Funds Raised Prior to January 1, 1997.

s 18530.2. Transfer of Funds Raised Prior to Proposition 34 Limits.

s 18530.4. Legal Defense Funds.

s 18530.7. Extensions of Credit.

s 18530.8. Personal Loans.

s 18530.9. Contributions to Candidate Controlled Ballot Measure Committees.

s 18531. Return of Excessive Contributions.

s 18531.1. Affiliated Entities Sharing One Contribution Limit.

s 18531.3. Transfers of Funds Into Officeholder Accounts.

s 18531.4. Officeholder Accounts -Reporting.

s 18531.5. Recall Elections.

s 18531.6. Treatment of Debts Outstanding After an Election - Prior to January 24, 2004.

s 18531.61. Treatment of Debts Outstanding After an Election - Contributions Accepted on or
After January 24, 2004.


s 18531.7. Payments for Communications -Section 85312.

s 18531.10. Communications Identifying State Candidates.

s 18532. Solicitation of Contributions in Excess of the Contribution Limits.

s 18533. Contributions from Joint Checking Accounts.

s 18535. Restrictions on Contributions Between State Candidates.

s 18536. Transfer and Attribution of Contributions.

s 18536.1. Establishment of Separate Bank Account for Contributions in Compliance with
Contribution Limitations.


s 18536.2. Use of Campaign Funds for Any Lawful Purpose Other Than to Support or Oppose a
Candidacy for Elective Office.


s 18537. Contribution Limits and Application to Repaid Loans.

s 18537.1. Carry Over of Contributions.

s 18538. Ballot Measure Committees; Expenditures as Contributions to Candidates.

s 18538.2. Political Endorsements.

s 18539. Online Disclosure of Contributions.

s 18539.2. Reporting Payments Pursuant to Government Code Section 85310.

s 18540. Voluntary Expenditure Ceilings.

s 18541. Voluntary Expenditure Limits -Notification and Designation Requirements.

s 18542. Notification of Personal Contributions in Excess of the Voluntary Expenditure Limits.

s 18543. Lifting of Voluntary Expenditure Limits.

s 18544. Campaign Contribution and Voluntary Expenditure COLA Formula.

s 18545. Contribution Limit and Voluntary Expenditure Ceiling Amounts.

s 18550. Online Disclosure of Independent Expenditures.

s 18550.1. Independent and Coordinated Expenditures.

s 18564. Notice Requirement for Independent Expenditures Exceeding $10,000.
 
ARTICLE 1. STATEWIDE MEASURES
s 18570. Return of Contributions with Insufficient Donor Information.

s 18572. Lobbyist Contributions -Making a Contribution Defined.

s 18573. Proposition 34 Provisions Applicable to Local Jurisdictions.

s 18580. Direct Personal Benefit Defined.

s 18585. Defining "Acting Jointly."

s 18586. Statements of Intent.

s 18587. Procedure for Reviewing Statements of Intent (85300-85305).

s 18588. Statements of Intent: Combined Filings; Separations After a Combined Filing. (85300-85305).

s 18590. Formula for Authorization to Spend.
CHAPTER 6. LOBBYISTS
s 18600. Duties and Prohibitions of Lobbyists, Lobbying Firms, and Lobbyist Employers (86100-86300).

s 18601. Withdrawal of Lobbyist Certification or Lobbying Firm Registration.

s 18610. Lobbyist Accounting.

s 18611. Lobbyist Reporting.

s 18612. Accounting by Lobbying Firms.

s 18613. Reporting by Lobbying Firms.

s 18614. Payments for Lobbying Services.

s 18615. Accounting by Lobbyist Employers and Persons Spending $5,000 or More to Influence
Legislative or Administrative Action.

s 18616. Reports by Lobbyist Employers and Persons Spending $5,000 or More to Influence Legislative or Administrative Action.

s 18616.4. Reports by Lobbying Coalitions Which Are Lobbyist Employers; Reports by Members of Lobbying Coalitions.

s 18616.5. Reports by Lobbyist Employers and Persons Spending $5,000 or More to Influence Legislative or Administrative Action: Reporting Employees Who ...

s 18617. Early Filing of Periodic Reports.

s 18618. Lobbying Reports; Where to File.

s 18619. Business Entities Retained to Influence Legislative or Administrative Actions:
Definitions.B


s 18620. Reports by Lobbyist Employers and Persons Spending $2500 or More to Influence
Legislative or Administrative Action.

s 18621. Reporting Pursuant to Section 86108(b).

s 18622. Consolidated Reporting by Lobbyists and Their Employers (86107, 86109).

s 18623. Gifts from Lobbyists and Lobbying Firms; Honoraria.

s 18624. Lobbyist Arranging Gifts.

s 18625. Loans from Lobbyist or Lobbying Firm; Placing Official Under Personal Obligation.

s 18626. Contributions from Lobbyists.

s 18630. Home Hospitality (86203).

s 18640. Activity Expenses.

s 18650. Reportable Exchanges (86107 and 86109).
CHAPTER 7. CONFLICTS OF INTEREST
 
ARTICLE 1. CONFLICTS OF INTEREST; GENERAL PROHIBITION
s 18700. Basic Rule; Guide to Conflict of Interest Regulations.

s 18700.1. Using Official Position to Influence (87100).

s 18701. Public Official, Definitions.

s 18702. Making, Participating in Making, or Using or Attempting to Use Official Position to Influence a Government Decision, Defined.

s 18702.1. Determining When a Public Official is Making a Governmental Decision.

s 18702.2. Determining When a Public Official is Participating in Making a Governmental Decision.

s 18702.3. Determining When a Public Official is Using or Attempting to Use His/Her Official Position to Influence a Governmental Decision.

s 18702.4. Exceptions.

s 18702.5. Public Identification of a Conflict of Interest for Section 87200 Filers.

s 18702.6. Material Financial Effect: Source of Income or Gifts Who Is an Individual Indirectly Involved in the Decision.

s 18703. Economic Interests, Defined.

s 18703.1. Economic Interest, Defined: Business Entities.

s 18703.2. Economic Interest, Defined: Real Property.

s 18703.3. Economic Interest, Defined: Source of Income.

s 18703.4. Economic Interest, Defined: Source of Gifts.

s 18703.5. Economic Interest, Defined: Personal Finances.

s 18704. Determining Whether an Economic Interest Is Directly or Indirectly Involved in a Governmental Decision.

s 18704.1. Determining Whether Directly or Indirectly Involved in a Government Decision; Business Entities, Sources of Income, Sources of Gifts.

s 18704.2. Determining Whether Directly or Indirectly Involved in a Governmental Decision: Interest in Real Property.

s 18704.3. Sources of Commission Income to Brokers, Agents and Salespersons.

s 18704.5. Determining Whether Directly or Indirectly Involved in a
Governmental Decision: Economic Interest in Personal Finances.

s 18705. Standards for Determining Whether a Financial Effect on an Economic Interest Is Material.

s 18705.1. Materiality Standards: Economic Interests in Business Entities.

s 18705.2. Materiality Standard: Economic Interests in Real Property.

s 18705.3. Materiality Standard: Economic Interests in Persons Who Are Sources of Income.

s 18705.4. Materiality Standard: Economic Interests in Persons Who Are Sources of Gifts.

s 18705.5. Materiality Standard: Economic Interest in Personal Finances.

s 18706. Determining Whether a Material Financial Effect Is Reasonably Foreseeable.

s 18707. Public Generally.

s 18707.1. Public Generally. General Rule.

s 18707.2. Special Rule for Rates, Assessments, and Similar Decisions.

s 18707.3. Public Generally - Small Jurisdictions; Principal Residence.

s 18707.4. Public Generally: Appointed Members of Boards and Commissions.

s 18707.5. Sources of Income to Owners of Retail Business Entities.

s 18707.6. States of Emergency.

s 18707.7. Public Generally: Industries, Trades, or Professions.

s 18707.9. Public Generally - Residential Properties.

s 18708. Legally Required Participation.

s 18709. Governmental Decision: Segmentation.

s 18720. Other Public Officials Who Manage Public Investments.
 
ARTICLE 2. DISCLOSURE
s 18722. Filing Assuming and Leaving Office Statements of Economic Interests; Alternates and Designees.

s 18723. Dates for Filing Annual Statements of Economic Interests.

s 18724. Filing of Statements of Economic Interests by Temporary or Part-Time Court Commissioners, Pro Tem and Retired Judges.

s 18725. Anniversary Date for Filing Statements of Economic Interests.

s 18726. Valuation of Gifts.

s 18726.1. General Rule for Receipt of Gifts, Promised Gifts and for Return, Donation, or Reimbursement of Gifts.

s 18726.2. Valuation of Gifts to an Official and His or Her Family.

s 18726.3. Valuation of Gift Passes and Season Tickets.

s 18726.4. Testimonial Dinners and Events.

s 18726.5. Valuation of Wedding Gifts.

s 18726.6. Reporting of Gifts from Multiple Donors.

s 18726.7. Passes or Tickets Given to an Agency.

s 18726.8. Valuation of Gift Tickets to Charitable and Political Fundraisers.

s 18727. Gifts to Officials: Section 87207(a).

s 18727.5. Travel Costs and Other Payments from Campaign Committees.

s 18728. Reporting of Income and Gifts; Honoraria and Awards (87207).

s 18728.5. Reporting of Commission Income and Incentive Compensation.

s 18729. Leasehold Interests -Value, Disclosure.

s 18730. Provisions of Conflict of Interest Codes.

s 18732. Filing Dates for Annual Statements Filed Pursuant to Conflict of Interest
Codes (87302).

s 18732.5. Statements of Economic Interests from Filers of Abolished Agencies.

s 18733. Disclosure Categories for Auditors, Investigators and Inspectors and Persons Similarly Situated (87302).

s 18735. Assuming Office Statements for Previously Designated Employees.

s 18735.5. Filing Dates for Assuming Office, Annual, or Leaving Office Statements of Economic Interests for Multi-Agency Filers of Joint Powers Insurance ...

s 18736. Contents of State Agency Biennial Reports.

s 18736.1. Contents of Multi-County Local Agency Written Statements.

s 18737. Suspension of Code Provisions Pending Appeal (87307).

s 18740. Privileged Information: Statement of Economic Interests.
 
ARTICLE 2.5. POST-EMPLOYMENT LAWS
s 18741.1. Permanent Ban. Participating in the Same Proceeding.

s 18746.1. Revolving Door; General Provisions.

s 18746.2. Revolving Door; Appearances and Communications.

s 18747. Influencing Prospective Employment.
 
ARTICLE 3. CONFLICT OF INTEREST CODES
s 18750. Procedures for the Promulgation and Adoption of Conflict of Interest Codes for State Agencies.

s 18750.1. Procedures for the Promulgation and Adoption of Conflict of Interest Codes for Local Government Agencies with Jurisdiction in More Than One ...

s 18750.2. Procedures for the Promulgation and Adoption of Conflict of Interest Codes for State Agencies Exempt from the Administrative Procedures Act.

s 18751. Procedure and Standards for Obtaining Exemption from Government Code Section 87300, Requiring Adoption and Promulgation of a Conflict of Interest ...

s 18752. Nonsubstantive Amendments of Conflict of Interest Codes.

s 18753. Statements of Economic Interests; Where to File.

s 18754. Statements of Economic Interests (Members of Boards or Commissions of Newly Created Agencies); When and Where to File.

s 18755. Statements of Economic Interests: Person or Persons at an Institution of Higher Education with Principal Responsibility for a Research Project.

s 18760. Conflict of Interest Codes Affected by Health Department Reorganization.
CHAPTER 9. INCUMBENCY
s 18901. Mass Mailings Sent at Public Expense.

s 18902. Declaration of Candidacy.
CHAPTER 9.5. ETHICS

s 18930. Guide to Honorarium Regulations.

s 18930.1. Prohibition on Acceptance of Honoraria.

s 18931. Definition of "Honorarium."

s 18931.1. Definition of "Speech Given".

s 18931.2. Definition of "Article Published".

s 18931.3. Definition of "Attendance".

s 18932. Exceptions to "Honorarium": Earned Income.

s 18932.1. Exceptions to "Honorarium": Bona Fide Business, Trade, or Profession.

s 18932.2. Exceptions to "Honorarium": Teaching as a Bona Fide Profession.

s 18932.3. Definition of "Predominant Activity".

s 18932.4. Exceptions to "Honorarium": General Exceptions.

s 18932.5. Exclusions From "Honorarium": Direct Charitable Donations.

s 18933. Returning Honoraria.

s 18935. Reporting Honoraria.

s 18940. Guide to Gift Regulations.

s 18940.1. Limits on Gifts.

s 18940.2. Gift Limit Amount.

s 18941. Receipt, Promise and Acceptance of Gifts.

s 18941.1. Payments for Food.

s 18942. Exceptions to Gift and Exceptions to Gift Limits.

s 18942.1. Definition of "Informational Material."

s 18943. Return, Donation, or Reimbursement of a Gift.

s 18944. Valuation of Gifts to An Official and His or Her Family.

s 18944.1. Recipient of the Gift: Passes or Tickets Given to an Agency.

s 18944.2. Gifts to an Agency.

s 18945. Source of Gifts.

s 18945.1. Cumulation of Gifts; "Single" Source.

s 18945.3. Intermediary of a Gift.

s 18945.4. A Gift from Multiple Donors.

s 18946. Reporting and Valuation of Gifts.

s 18946.1. Reporting and Valuation of Gifts: Passes and Tickets.

s 18946.2. Reporting and Valuation of Gifts: Testimonial Dinners and Events, Invitation-Only
Events, and Ceremonial Functions.

s 18946.4. Reporting and Valuation of Gifts: Tickets to Nonprofit and Political Fundraisers.

s 18946.5. Prizes and Awards From Bona Fide Competitions.

s 18950. Guide to Travel Regulations.

s 18950.1. Gifts of Travel: Exceptions.

s 18950.2. Travel: Exceptions for Local Elected Officers.

s 18950.3. Travel in Connection With Speeches, Panels, and Seminars: Exception for All Filers.

s 18950.4. Payments for Travel in Connection with Campaign Activities.

s 18951. Surplus Funds.

s 18954. Gift Limit Adjustment.

s 18960. Direct Personal Benefit Defined.

s 18961. Incidental Use.

CHAPTER 10. AUDITING
2 CA ADC T. 2, Div. 6, Chap. 10, References and Annotations
s 18991. Audits of Campaign Reports and Statements of Local Candidates and Their Controlled Committees.

s 18992. Terms Used in Section 90001.

s 18993. Contain In Detail.

s 18994. Auditing and Investigations.

s 18995. Standards and Guidelines for Auditing Statements and Reports.

s 18996. Scope of Audits and Investigations.

s 18997. Audits of Campaign Reports and Statements of Candidates for the Board of Administration of the Public Employees' Retirement System.
 
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