California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 5 - Campaign Finance Reform › Section 18530.8 - Personal Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				personal loan made before January 1, 2001, by a candidate for elective state
				office, and any loan made before January 1, 2021 by a candidate for an elective
				city or county office subject to the contribution limit in Section
				85301(d), does not
				count toward the $100,000 loan limit of subdivision (b) of Section
				85307.
(b) For purposes of subdivision (b) of
				Section 85307 and this regulation,
				"campaign" encompasses both the primary and general elections or special and
				special runoff elections for a specific term of elective state office and
				elective city and county offices subject to the contribution limit in Section
				85301(d).
				"Campaign" includes any of the candidate's controlled committees formed for the
				purpose of seeking that elective state office or that elective city or county
				office subject to the contribution limit in Section
				85301(d), and all
				committees formed for the purpose of supporting the candidate's candidacy for
				that elective state office or that elective city or county office subject to
				the contribution limit in Section
				85301(d).
(c) The proceeds of a loan that meets the
				terms of subdivision (a) of Section
				85307, which the candidate then
				lends to the candidate's campaign, count toward the $100,000 loan limit of
				subdivision (b) of Section
				85307. Both the candidate and the
				commercial lending institution must be disclosed as the sources of the
				loan.
(d) A candidate may make a
				series of personal loans to the candidate's campaign as long as the outstanding
				balance does not exceed $100,000 at the time of making the loans. If a
				candidate's personal loan balance has reached the $100,000 limit, the loan
				balance must be reduced before the candidate may make any additional loans to
				the candidate's campaign.
1. New section
				  filed 2-19-2002; operative 3-21-2002 (Register 2002, No. 8).
2.
				  Amendment of subsection (c) filed 11-9-2004; operative 11-9-2004 pursuant to
				  Government Code section
				  11343.4
				  (Register 2004, No. 46).
3. Amendment of subsections (a)-(c) and
				  amendment of NOTE filed 3-22-2021; operative 4-21-2021 pursuant to Cal. Code
				  Regs., tit. 2, section
				  18312(e).
				  Submitted to OAL for filing and printing 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 2021, No. 13).
4. Amendment of subsections (c) and (d)
				  filed 5-12-2021; operative 6-11-2021 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 2021, No. 20).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 85301,
					 85307 and
					 85702.5,
					 Government Code.