reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.10 - Administratively Adjudicated Enforcement Decisions as Precedent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This regulation applies to
				administratively adjudicated enforcement decisions, not resulting from a
				default judgment, pursuant to Government Code section
				11425.60,
				and which issue as proposed decisions after the adoption of this regulation.
				The Commission may designate as a precedent decision part or all of a decision
				that contains a significant legal or policy determination of general
				application that is likely to recur. The Commission may also overrule its prior
				precedent designations. Such a designation or overruling thereof may be made
				upon the Commission's own motion, or at the request of any person.
(b) The Commission shall maintain an index of
				significant legal and policy determinations contained in precedent decisions.
(1) The index shall be updated at least
				annually, unless no new precedent decisions were designated or overruled that
				year.
(2) The index shall be made
				available to the public by subscription and on its website.
(3) The availability of the index shall be
				publicized annually in the California Regulatory Notice
				Register.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.11 - Default Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Notice of Default
(1) Where a respondent has
				failed to timely file a notice of defense pursuant to Section
				11506, and the Enforcement Division
				pursues a default judgment from the Commission pursuant to Section
				11520, the Enforcement Division
				shall send notice, a copy of the proposed Default Decision and Order, and a
				copy of the proposed Exhibit in Support of a Default Decision and Order, by
				first class mail, to the respondents against whom the default judgment has been
				entered at least 15 calendar days before the Commission hearing at which the
				default is scheduled to be heard.
(2) Notice shall be considered served from
				the date the default notice is postmarked.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18362 - Access to Enforcement Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Production of Enforcement Records. The
				Commission will make complaints, investigative files, and related records
				available to the public and members of the media in accordance with the Public
				Records Act (Government Code Section
				6250, et
				seq.) Enforcement records requests should specifically identify the documents
				sought.
(b) Format of Enforcement
				Records. The Commission will make records available for inspection at its
				office during office hours. The Commission may provide copies of requested
				records either in paper or electronic format to the person that requested the
				records in lieu of inspecting the records at the Commission offices. Any person
				requesting paper copies of records must reimburse the Commission ten cents
				($0.10) per page to pay the cost of copying, or supply copying equipment and
				make copies in the offices of the Commission. Original records of the
				Commission may not be removed from the offices of the Commission.
(c) Complaint Notice Period. The Commission
				may not provide or make available complaints or related records until after the
				disclosure periods provided in Regulation 18360.
1. New section
				  filed 11-13-75; effective thirtieth day thereafter (Register 75, No.
				  47).
2. Amendment of subsections (a) and (c) filed 11-2-78;
				  effective thirtieth day thereafter (Register 78, No. 44).
3.
				  Amendment filed 6-21-79; effective thirtieth day thereafter (Register 79, No.
				  25).
4. Amendment of section heading and NOTE filed 10-29-81;
				  effective thirtieth day thereafter (Register 81, No. 44).
5.
				  Amendment filed 7-14-83; effective thirtieth day thereafter (Register 83, No.
				  29).
6. Repealer and new section filed 2-18-88; operative 3-19-88
				  (Register 88, No. 9).
7. Amendment of section heading and section
				  filed 12-15-2015; operative 1-14-2016. Submitted to OAL for filing and printing
				  only pursuant to Fair Political Practices Commission v. Office of
				  Administrative Law, 3 Civil C010924, California Court of Appeal, Third
				  Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations
				  only subject to 1974 Administrative Procedure Act rulemaking requirements and
				  not subject to procedural or substantive review by OAL) (Register 2015, No.
				  51).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 6250, et seq., 83115, 83115.5 and
					 83116, Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18363 - Administering Oaths and Affirmations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director, or any member of the Commission staff
				  to whom the Executive Director has delegated authority pursuant to 2 Cal. Code
				  Regs. Sections
				  18319, shall have the authority to
				  administer oaths and affirmations on behalf of the Commission pursuant to
				  Government Code Section
				  83118.
1. New section
				  filed 11-13-85; effective thirtieth day thereafter (Register 85, No.
				  46).
2. Amendment filed 5-26-98; operative 5-26-98. Submitted to OAL
				  for printing only pursuant to Fair Political Practices Commission v. Office of
				  Administrative Law, Linda Stockdale Brewer, Sacramento Superior Court, Case No.
				  51275 (1991) (Register 98, No. 22).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 83108 and
					 83118,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18370 - State Agency Ethics Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Core content topics. The topics
				enumerated in subdivisions (a)(1) to (a)(16) of this regulation are considered
				by the Commission to be the core content of an ethics orientation course
				conducted by a state agency pursuant to Government Code section
				11146.1.
				The course should include instruction in each of the following topics:
(1) Conflicts of Interest under the Political
				Reform Act (Gov. Code §§
										87100,
				87103).
(2) Limitations on the Receipt of Gifts (Gov.
				Code §§
										86203,
				89503,
				89506).
(3) Honoraria Ban (Gov. Code §
										89502).
(4) Contractual Conflicts of Interest: All
				Contracts (Gov. Code §
										1090 et
				seq.) and Contractual Conflicts of Interest: State Contracts (Pub. Contract
				Code §
										10410).
(5) Ban on Free Transportation (Cal. Const.
				art. XII, §
										7).
(6) Incompatible Activities of State Officers
				and Employees (Gov. Code §
										19990).
(7) Doctrine of Incompatible
				Offices.
(8) Misuse of Public Funds
				(Pen. Code §
										424; Gov. Code §
										8314;
Fair Political Practices Commission v. Suitt
(1979) 90 Cal.
				App. 3d 125;
Stanson v. Mott
(1976) 17 Cal. 3d 206).
(9) Conflicts of Interest and Campaign
				Contributions (Gov. Code §
										84308).
(10) Special Restrictions on Personal Loans
				(Gov. Code §
										87460 et
				seq.).
(11) Common Law Doctrine
				Against Conflicts of Interest.
(12)
				Government Code §
										8920 et
				seq. (the Code of Ethics).
(13)
				Conflicts of Interest When Leaving Office (Gov. Code §§
										87400-
				87407;
				Pub. Contract Code §
										10411).
(14) The state agency's incompatible
				activities statement.
(15) Other
				government ethics laws specific to the state agency.
(16) Any other material that the agency or
				the Commission considers appropriate.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18371 - Local Agency Ethics Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Core Content Topics. The topics
				enumerated in subdivisions (a)(1) through (a)(4) of this regulation are
				considered to be the core content of the ethics law component of an ethics
				orientation course conducted by a local agency pursuant to Government Code
				section
				53235. The
				course should include instruction on each of the following topics to the extent
				they are relevant to the official's public duties:
(1) Laws relating to personal financial gain
				by public servants, including, but not limited to:
(A) Laws prohibiting bribery (Penal Code
				§
											68).
(B) Conflicts of Interest under the Political
				Reform Act (Gov. Code §§
											87100,
				87103).
(C) Contractual Conflicts of Interest (Gov.
				Code §
											1090 et
				seq.).
(D) Conflicts of Interest
				and Campaign Contributions (Gov. Code §
											84308).
(E) Conflicts of Interest When Leaving Office
				(Gov. Code §§
											87406.1,
				87406.3,
				87407).
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18400 - Treasurer, Assistant Treasurer, Responsible Officer, and Principal Officer Capacity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An individual must be at a minimum 18 years of age to serve
				  as a treasurer, assistant treasurer, responsible officer, or principal
				  officer.
1. New section
				  filed 11-17-2022; operative 12-17-2022 pursuant to Cal. Code Regs., tit. 2,
				  section 18312(e).
				  Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
				  Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
				  Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
				  regulations only subject to 1974 Administrative Procedure Act rulemaking
				  requirements and not subject to procedural or substantive review by OAL)
				  (Register 2022, No. 46).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 81004,
					 82047.6
					 and
					 84100,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18401 - Required Recordkeeping for Chapters 4 and 5

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Maintenance of Documents
A candidate, treasurer, and elected officer has a duty to
				  maintain detailed accounts, records, bills, and receipts as necessary to
				  prepare campaign statements and comply with the provisions of Chapters 4 and 5
				  commencing with Section
				  84100 of the Act. This duty
				  includes retention of copies of filed campaign statements and reports and
				  maintenance of detailed information and original source documentation, as
				  follows:
(1) For a contribution
				received or other receipt of less than $25, or an expenditure made of less than
				$25:
(A) The accounts and records must
				contain a continuous computation of campaign account balances, and include a
				listing reflecting the dates and daily totals of the contributions, other
				receipts, or expenditures on the dates of the contributions, other receipts, or
				expenditures.
(B) The original
				source documentation must consist of all bank statements, check registers,
				check stubs, bank or passbooks, and any other records reflecting a continuous
				computation of campaign account balances in any savings or checking account,
				money market account, certificate of deposit, credit card account, or any other
				campaign account, in any bank or other financial
				institution.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18401.1 - Required Recordkeeping for Slate Mailer Organizations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A slate mailer organization has a duty to
				maintain detailed accounts, records, bills, and receipts as necessary to
				prepare campaign statements and comply with the provisions of Chapter 4
				(commencing with Section
				84100) of the Act.
(b) In respect to each distinct slate mailer
				sent by a slate mailer organization, the organization's duty as specified in
				subdivision (a) includes the duty to maintain the following:
(1) The date of the mailing, the number of
				pieces mailed, and the method of postage or delivery.
(2) An original sample of the mailer, an
				electronic copy of the mailer, or a copy of the data base from which the mailer
				was produced so that the mailer may be printed by or for the slate mailer
				organization.
(3) Cancelled checks
				or copies of canceled checks containing legible images of the front and back of
				the checks obtained from a financial institution, wire transfers, credit card
				charge slips, bills, receipts, invoices, statements, vouchers, and any other
				documents reflecting the receipt of payments or obligations incurred by the
				organization relating to the mailer.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18402 - Committee Names

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				committee must use only one name on its statement of organization.
(b) The Secretary of State must not issue an
				identification number to any committee with the same name as any existing
				committee that already has an identification number. The name of one committee
				is considered the same as that of another committee if the same words are used
				in the same order, excluding articles. If two or more different committees file
				a statement of organization listing the same name, the Secretary of State will
				issue an identification number to the first committee to file a statement of
				organization once it qualifies as a committee and indicates on the statement
				that the committee has qualified as a committee and the date it
				qualified.
(c) Whenever
				identification of a committee is required by law, the identification must
				include the full name of the committee as required in the statement of
				organization except as provided in Sections
				84502 and
				84503.
(1) The name of a committee controlled by one
				or more candidates must include the last name of each candidate that controls
				the committee.
(2) The name of a
				committee controlled by one or more candidates for purposes of the election of
				the controlling candidate or candidates must include, in addition to the last
				name of the controlling candidate(s), the office sought and year of the
				election. This paragraph only applies to a committee formed for an election
				held on or after January 1, 2009, or redesignated by a candidate for local
				elective office for an election held on or after January 1, 2009.
(3) The name of a non-candidate controlled
				committee primarily formed to support or oppose one or more candidates must
				include the last name of each candidate whom the committee supports or opposes
				as listed on its statement of organization, the office sought, year of the
				election, and whether the committee supports or opposes the
				candidate.
(4) The statement of
				organization of the following types of committees must include the name of the
				committee as specified in the Section or Regulation listed below:
(A) Sponsored Committee -- Regulation
				18419(b)(1).
(B) Officeholder
				Committee -- Regulation 18531.62(c)(2).
(C) Legal Defense Fund Committee --
				Regulations 18530.4(b) and 18530.45(c).
(D) Recall Committee -- Regulation
				18531.5(c)(1) and (3).
(E) Ballot
				Measure Committee -- Section
				84107 applies to a committee
				primarily formed to support or oppose a ballot measure. In addition, Regulation
				18521.5(a) applies to a state candidate controlled ballot measure
				committee.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18402.1 - Principal Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				committee, other than a committee controlled by a candidate, shall disclose the
				full name, street address, and telephone number of the principal officer of the
				committee in its statement of organization required by Section
				84101(a) and any
				24-hour statement required by Section
				84101(b) or
				(c).
(b) For purposes of subdivision (a), the
				"principal officer" of a committee is the individual primarily responsible for
				approving the political activity of the committee including, but not limited
				to, the following activities:
(1) Authorizing
				the content of the communications made by the committee.
(2) Authorizing expenditures, including
				contributions, on behalf of the committee.
(3) Determining the committee's campaign
				strategy.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18402.2 - Limited Liability Companies, Responsible Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Responsible Officer. A limited liability
				company that qualifies as a committee under Sections
				82013(b) or (c)
				must identify a responsible officer on each statement and report filed under
				Chapter 4 or 5 of the Act. The "responsible officer" of the committee is the
				individual primarily responsible for approving the political activity of the
				limited liability company including, but not limited to:
(1) Authorizing expenditures, including
				contributions, on behalf of the limited liability company.
(2) Developing or approving campaign strategy
				on behalf of the limited liability company.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18402.5 - Supplemental Pre-Election Statements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-3-86; effective thirtieth day thereafter (Register 86, No.
				  10).
2. Change without regulatory effect repealing section filed
				  3-22-2016; operative 4-21-2016 pursuant to
				  2 CCR
				  18312(e). Submitted to OAL
				  for filing pursuant to Fair Political Practices Commission v. Office of
				  Administrative Law, 3 Civil C010924, California Court of Appeal, Third
				  Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations
				  only subject to 1974 Administrative Procedure Act rulemaking requirements and
				  not subject to procedural or substantive review by OAL) (Register 2016, No.
				  13).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 84202.5,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18404 - Termination of Candidate's and Committees' Filing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Major Donor and
				Independent Expenditure Committees. The filing obligations of a committee which
				qualifies pursuant to Government Code Section
				82013(b) or
				(c) terminate at the end of the calendar year
				in which the committee qualified, except to the extent that additional campaign
				statements are required by Government Code Sections
				84200,
				84203, and
				84204. If
				additional campaign statements are filed after the beginning of a new calendar
				year because the committee files a statement in connection with the
				qualification of a measure or a semi-annual statement covering activity for the
				period July 1 through December 31, the committee's filing obligations terminate
				when such statements have been filed.
(b) Recipient Committees. A treasurer of a
				committee which qualifies pursuant to Government Code Section
				82013(a)
				may terminate the committee's status as a committee, only by completing the
				termination section on the Form 410 (Statement of Organization) declaring,
				under penalty of perjury, that the committee:
(1) Has ceased to receive contributions and
				make expenditures and does not anticipate receiving contributions or making
				expenditures in the future;
(2) Has
				eliminated or has declared that it has no intention or ability to discharge all
				of its debts, loans received and other obligations;
(3) Has no surplus funds; and
(4) Has filed all required campaign
				statements disclosing all reportable transactions.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18404.2 - Administrative Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Bases for Administrative Termination. The Chief of the Enforcement Division may
				terminate a recipient committee if the committee failed to:
(1) File a campaign statement in the previous
				12 months, and the committee had an ending cash balance of $3,000 or less on
				its last campaign statement;
(2)
				File a campaign statement in the previous 12 months, the committee had an
				ending cash balance of $5,000 or less on its last campaign statement, and the
				committee owes $2,000 or more to the controlling candidate;
(3) File a campaign statement in the previous
				48 months; or
(4) Respond to the
				Enforcement Division's reasonable efforts to contact the committee regarding
				the committee's failure to file campaign statements or pay annual fees.
				"Reasonable efforts to contact the committee" means sending a written notice by
				certified mail to the committee treasurer at the treasurer's address listed on
				the committee's statement of organization, and attempting to contact an
				individual identified as a controlling candidate, principal officer, treasurer,
				or assistant treasurer on the committee's most recent campaign statement or
				statement of organization at the telephone number or email address listed on
				the statement.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18405 - Candidates with Multiple Controlled Committees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Multiple Controlled Committees. If a
				candidate or elected officer controls more than one committee for the purpose
				of election to office, including committees established for different terms of
				the same elective office or for a different elective office, the candidate or
				elected officer shall, in addition to any other requirements related to the
				filing of campaign statements, file campaign statements for each of these
				committees on the dates the candidate or elected officer is required to file
				preelection statements under Sections
				84200.5 and
				84200.8 in connection with election
				to office. Further, a candidate or elected officer shall, in addition to any
				other requirements related to the filing of campaign statements, file campaign
				statements for any other committee the candidate or elected officer control,
				including an officeholder account committee, a legal defense fund committee, or
				a ballot measure committee, on the dates the candidate or elected officer is
				required to file preelection statements under Sections
				84200.5 and
				84200.8 in connection with election
				to office.
(b) Seeking Office in
				Another Jurisdiction.
(1) When an individual
				is simultaneously a candidate for elective state office and elective office in
				a local government agency, or for elective office in two different local
				jurisdictions, the individual shall, in addition to any other requirements
				relating to the filing of campaign statements, file campaign statements for all
				committees the individual controls with both jurisdictions at the locations
				specified in Section
				84215 on the dates the candidate is
				required to file semiannual statements under Section
				84200 and preelection statements
				under Sections
				84200.5 and
				84200.8. The candidate or elected
				officer shall file the originally signed campaign statement with the relevant
				jurisdiction (e.g., state committee campaign statement with Secretary of State,
				city committee campaign statement with local filing officer) and shall file a
				copy of the campaign statement with the other location(s).
(2) The cross-filing requirements in
				paragraph (b)(1) applicable to a candidate or elected officer seeking office in
				another jurisdiction do not apply to late contribution reports under Section
				84203, late independent expenditure
				reports under Section
				84204, election cycle and $5,000
				reports under Section
				85309, or ballot measure
				contribution and expenditure reports under Section
				84204.5.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18406 - Short Form for Candidates or Officeholders Who Receive and Spend Less than $2,000 in a Calendar Year

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A candidate or officeholder who plans to
				receive contributions of less than $2,000 and who plans to make expenditures of
				less than $2,000 in a calendar year may file a short form campaign statement
				for that calendar year. The period covered by the short form is the calendar
				year. No other campaign statements must be filed by a candidate or officeholder
				who has filed the short form campaign statement for activity in the calendar
				year unless the candidate or officeholder receives $2,000 or more in
				contributions or makes $2,000 or more in expenditures.
(b) A candidate who files a short form
				campaign statement in connection with an elective office, covering the calendar
				year in which the candidate's name will appear on the ballot, with a
				declaration of candidacy, as a pre-election statement pursuant to Section
				84200.5, or as a semi-annual
				campaign statement pursuant to Section
				84200 for the period ending June
				30, and subsequently receives monetary or non-monetary contributions totaling
				$2,000 or more or makes expenditures totaling $2,000 or more prior to the
				election shall send written notification to the Secretary of State, the local
				filing officer with whom the candidate is required to file the original
				campaign statements, and each candidate contending for the same office, as
				follows:
(1) The notification shall be sent
				within 48 hours of receiving contributions totaling $2,000 or more or making
				expenditures of $2,000 or more;
(2)
				The notification shall include the name and address of the candidate, the
				elective office for which the short form campaign statement was filed, the date
				of the election, and the date contributions totaling $2,000 or more were
				received or expenditures totaling $2,000 or more were made;
(3) The notification shall be sent by
				guaranteed overnight delivery, personal delivery, or facsimile
				transmission.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18412 - Identifying Funding Sources for Contributions and Independent Expenditures Made by Certain Tax Exempt Organizations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-19-2012; operative 5-19-2012. Submitted to OAL for filing pursuant to
				  Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
				  C010924, California Court of Appeal, Third Appellate District, nonpublished
				  decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
				  Procedure Act rulemaking requirements and not subject to procedural or
				  substantive review by OAL) (Register 2012, No. 16).
2. Repealer
				  filed 8-7-2014; operative 8-29-2014 pursuant to section
				  18312(e)(1)(A),
				  title 2, California Code of Regulations. Submitted to OAL for filing and
				  printing only pursuant to Fair Political Practices Commission v. Office of
				  Administrative Law, 3 Civil C010924, California Court of Appeal, Third
				  Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations
				  only subject to 1974 Administrative Procedure Act rulemaking requirements and
				  not subject to procedural or substantive review by OAL) (Register 2014, No.
				  32).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82015 and
					 82031,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18416 - Annual Loan Reports. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-3-86; effective thirtieth day thereafter (Register 86, No.
				  10).
2. Amendment filed 6-10-87; operative 7-10-87 (Register 87, No.
				  25).
3. Repealer filed 7-12-2001; operative 8-11-2001. Submitted to
				  OAL for filing pursuant to Fair Political Practices Commission v. Office of
				  Administrative Law, 3 Civil C010924, California Court of Appeal, Third
				  Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations
				  only subject to 1974 Administrative Procedure Act rulemaking requirements)
				  (Register 2001, No. 28).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 84216 and
					 84216.5,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18417 - Campaign Reporting - LAFCO Proposals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A committee primarily formed to support
				or oppose a LAFCO proposal (as defined in Section
				56069) shall file the monthly
				campaign statements required under this title from the date that a petition
				application or resolution of application is filed until a measure is placed on
				the ballot. If a measure is not placed on the ballot, the committee shall file
				monthly statements until the committee is terminated under Section
				84214.
(b) The following payments are neither
				contributions nor expenditures.
(1) Payments
				made for the cost, including staff time, if applicable, of preparing reports,
				studies or analyses, including environmental impact reports, feasibility
				studies, and fiscal analyses.
(2)
				Processing and similar fees paid to a LAFCO.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18419 - Sponsored Committees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The terms used in this section are defined as follows:
(1) "Sponsored committee" means a committee,
				other than a controlled committee, which has one or more sponsors.
(2) "Sponsor" of a committee means any person
				(except a candidate, proponent or other individual) to whom any of the
				following applies:
(A) The committee receives
				80 percent or more of its contributions either from the person or from the
				person's members, officers, employees or shareholders in the preceding 24
				months. A committee must make this determination at the time of filing each
				campaign statement based on activity occurring through the end of the statement
				period, and, if the committee is required to file a pre-election statement,
				upon receiving a contribution during the period between the second pre-election
				campaign statement period and the election;
(B) The person collects contributions for the
				committee by use of payroll deductions or dues from its members, officers or
				employees;
(C) The person provides,
				alone or in combination with other organizations, all or nearly all of the
				administrative services for the committee; or
(D) The person sets, alone or in combination
				with other organizations, the policies for soliciting contributions or making
				expenditures of committee funds.
(3) "Intermediate unit" means a chapter,
				local, branch, unit or similar component of a sponsor that collects money from
				its members, officers, employees or shareholders when, at the time of the
				making of the payment, the donor knows or has reason to know that the payment,
				or funds with which the payment will be commingled, will be used to make
				contributions by the sponsored committee.
(4) "Member" includes a member, employee,
				officer, shareholder or any other person affiliated with a sponsor or an
				intermediate unit.
(5) "Member
				contribution" is a voluntary or mandatory payment made by a member of a sponsor
				or an intermediate unit when, at the time of making the payment, the donor
				knows or has reason to know that the payment, or funds with which the payment
				will be commingled, will be used to make contributions by a sponsored
				committee.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18420 - Reporting Campaign Contributions and Expenditures by State or Local Government Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				candidate or committee that receives contributions from a state or local
				government agency must report receipt of those contributions.
(b) The payment by a state or local
				government agency of the salary or expenses of its employees or agents is an
				expenditure or contribution only if the salary or expenses are for campaign
				activities and meet the requirements of Regulation 18423. For purposes of this
				subdivision, "campaign activities" include, but are not limited to, the
				following:
(1) Arranging or coordinating a
				campaign-related event;
(2) Acting
				in the capacity of the campaign manager or coordinator;
(3) Soliciting, receiving or acknowledging
				campaign contributions or arranging for the raising of contributions;
(4) Developing, writing or distributing
				campaign literature or making arrangements for campaign literature;
(5) Arranging for the development, production
				or distribution of campaign literature;
(6) Preparing television, radio or newspaper
				campaign advertisements;
(7)
				Arranging for the development, production, publishing or broadcast of campaign
				advertisements;
(8) Establishing
				liaison with or coordinating activities of campaign volunteers;
(9) Preparing campaign budgets;
(10) Preparing campaign statements;
				and
(11) Participating in partisan
				get out the vote drives.
Nothing in this subdivision requires the reporting of an
				  employee's campaign activities if such activities are performed on vacation
				  time or other than during publicly paid working
				  hours.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18420.1 - Payments by State or Local Agencies for a Campaign Related Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A payment of
				public moneys by a state or local governmental agency, or by an agent of the
				agency, made in connection with a communication to the public that expressly
				advocates the election or defeat of a clearly identified candidate or the
				qualification, passage, or defeat of a clearly identified measure, as defined
				in Section 82025(c)(1), or
				that taken as a whole and in context, unambiguously urges a particular result
				in an election is one of the following:
(1) A
				contribution under Section
				82015 if made at the behest of the
				affected candidate or committee.
(2) An independent expenditure under Section
				82031.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18420.5 - Campaign Filing Requirements for the February 5, 2008 Statewide Election. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-24-2007; operative 10-24-2007. Submitted to OAL for filing pursuant to
				  Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
				  C010924, California Court of Appeal, Third Appellate District, nonpublished
				  decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
				  Procedure Act rulemaking requirements and not subject to procedural or
				  substantive review by OAL) (Register 2007, No. 39). For prior history, see
				  Register 98, No. 22.
2. Repealer filed 4-21-2011; operative
				  4-21-2011. Submitted to OAL for filing pursuant to Fair Political Practices
				  Commission v. Office of Administrative Law, 3 Civil C010924, California Court
				  of Appeal, Third Appellate District, nonpublished decision, April 27, 1992
				  (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
				  requirements and not subject to procedural or substantive review by OAL)
				  (Register 2011, No. 16).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82046 and
					 84200-
					 84205,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18421 - Cash Equivalents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reporting the balance of cash and cash equivalents on a
				  campaign statement pursuant to Government Code Section
				  84211(e),
				  a candidate or committee shall report separately:
(a) The balance of cash. This means the
				combined balance in all campaign checking accounts and savings accounts, money
				market funds and certificates of deposit.
(b) The balance of cash equivalents. This
				means the combined original cost of all investments and interests in real
				property purchased with campaign funds, which are not reported as cash pursuant
				to subsection (a).
1. New section
				  filed 3-3-86; effective thirtieth day thereafter (Register 86, No.
				  10).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 84211(e),
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18421.1 - Disclosure of the Making and Receipt of Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided by law, the following standards
				  shall be applicable to contributions and expenditures:
(a) A monetary contribution, including one
				made through wire transfer, credit card transaction, debit account transaction
				or similar electronic payment option (including one made via the Internet), is
				"made" on the date that the contribution is mailed, delivered, or otherwise
				transmitted to the candidate or committee. Alternatively, the date of the check
				or other negotiable instrument by which the contribution is made may be used in
				lieu of the date on which the contribution is mailed, delivered, or otherwise
				transmitted, provided it is no later than the date the contribution is mailed,
				delivered, or otherwise transmitted.
(b) Notwithstanding subdivision (a), for
				purposes of the disclosure of late contributions, as defined in Government Code
				section
				82036 and
				pursuant to Government Code section
				84203, a
				monetary contribution is "made" on the date the contribution is mailed,
				delivered, or otherwise transmitted to the candidate or committee. Consistent
				with 2 Cal. Code Regs. section
				18401, the candidate or committee
				shall maintain documentation to support the date the contribution was
				made.
(c) A monetary contribution
				is "received" on the date that the candidate or committee, or the agent of the
				candidate or committee, obtains possession or control of the check or other
				negotiable instrument by which the contribution is made. All contributions
				received by a person acting as an agent of a candidate or committee shall be
				reported to and disclosed by the candidate or committee, or by the committee's
				treasurer, no later than the closing date of the next campaign statement that
				the committee or candidate is required to file.
(d) Notwithstanding subdivision (c) above, a
				monetary contribution collected by means of payroll deductions or membership
				dues by a membership organization for its sponsored committee pursuant to
				Government Code section
				82048.7(b)(2)
				is "received" by the committee on the earlier of the following:
(1) The date that the committee obtains
				actual possession or control of the contribution;
(2) Within 60 days after the receipt of the
				payment by the committee's sponsor.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18421.2 - Campaign Disclosure. Cryptocurrency Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				person may make, and a committee may solicit, a contribution of cryptocurrency
				if the cryptocurrency is converted to dollars upon the making of the
				contribution. Any cryptocurrency contribution must be made and received through
				a U.S. based cryptocurrency payment processor registered with the U. S.
				Department of Treasury, Financial Crimes Enforcement Network which utilizes
				know your customer (KYC) protocols to verify the identity of the contributor
				for all contributions.
(b) A
				committee may only receive a contribution made in cryptocurrency pursuant to
				subdivision (a), if the payment processor:
(1)
				Has KYC procedures that enable it to know the identity of each
				contributor.
(2) Collects the name,
				address, occupation, and employer of each contributor at the time the
				contribution is made and transmits this to the committee within 24 hours of the
				time the contribution is made.
(3)
				Immediately converts the contribution to U.S. dollars at the prevailing rate of
				exchange at the time the payment processor obtains possession of the
				contribution and deposits the funds into the committee's campaign bank account
				within two business days of receipt.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18421.3 - Reporting of Contributions and Expenditures Collected by Contract Vendors or Collecting Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				candidate or committee may contract with a vendor or collecting agent to
				establish one or more accounts to collect contributions prior to transferring
				the funds to a campaign bank account. These contributions are deemed to be
				received by the candidate or committee upon receipt by the vendor pursuant to
				rules set forth in 2 Cal. Code Regs. section
				18421.1 and must be transferred to
				the candidate's or committee's campaign bank account "promptly" as defined in
				Government Code section
				84306. The
				entire amount authorized by the contributor is the amount of the contribution.
				Any amounts deducted or charged by the vendor or collecting agent are deemed to
				be expenditures from the campaign bank account at the time the fees are
				deducted or charged.
(b) Nothing in
				this regulation should be construed to require the establishment of a bank
				account unless otherwise required by other provisions of this title. The
				provisions in subdivision (a) apply to candidates and their controlled
				committees, notwithstanding Government Code section
				85201 and
				2 Cal.
				Code of Regs. section
				18524.
1. New section
				  filed 12-18-2006; operative 1-17-2007. Submitted to OAL pursuant to Fair
				  Political Practices Commission v. Office of Administrative Law, 3 Civil
				  C010924, California Court of Appeal, Third Appellate District, nonpublished
				  decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
				  Procedure Act rulemaking requirements) (Register 2006, No.
				  51).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 84211,
					 84306 and
					 85201,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 4 - Campaign Disclosure › Section 18421.31 - Text Message Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This regulation applies to a committee
				engaging in fundraising through text message contributions. Text message refers
				to messages sent to phones over the short message service ("SMS").
(b) Pursuant to Regulation 18421.1(c), text
				message contributions are received on the date that a mobile fundraising
				vendor, acting as agent of the candidate or committee, obtains possession or
				control of the contributions.
(c)
				Contributions made by text message shall be considered to be transferred
				promptly to a committee's campaign bank account as required by Section
				84306 and Regulation 18421.3 if
				they are collected by the wireless carrier and forwarded by the mobile
				fundraising vendor to the committee following the standard business practices
				for those transactions.
(d) In
				addition to any other records required by the Act and regulations, a committee
				raising funds by text message contributions shall maintain the records required
				by Regulation 18401(a) paragraphs (1)-(3) for contributions under $25, for
				contributions from $25 to less than $100, and for contributions of $100 or
				more, respectively.
(e) A
				contribution made by text message shall be attributed to the person who is
				subscribed to the cell phone number that texted in the contribution.
(f) Under Regulation 18421.3(a), the entire
				amount authorized by the contributor is the amount of the contribution, and any
				amounts paid by the committee to the wireless carrier or mobile fundraising
				vendor for processing the contributions shall be reported by the committee as
				an expenditure.
1. New section
				  filed 11-8-2011; operative 12-8-2011. Submitted to OAL for filing pursuant to
				  Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
				  C010924, California Court of Appeal, Third Appellate District, nonpublished
				  decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
				  Procedure Act rulemaking requirements) (Register 2011, No.
				  45).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82015,
					 84104 and
					 84306,
					 Government Code.