California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 5 - Campaign Finance Reform › Section 18534 - Required Committee Bank Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This regulation is applicable to any
				committee pursuant to subdivision (a) of Government Code section
				82013 that
				receives contributions subject to the limits of subdivision (a) or (b) of
				Government Code section
				85303.
(b) A committee described in subdivision (a)
				of this regulation must make all contributions to candidates for elective state
				office, and to other committees for the purpose of making contributions to
				candidates for elective state office, from a bank account maintained and
				designated as an "all purpose" committee account. Checks drawn on this account
				mustinclude the words "all purpose" in the title of the account appearing on
				the checks. (For example, "XYZ's all purpose account.")
(c) Contributions received by a committee
				described in subdivision (a) of this regulation, that exceed the aggregate
				limits prescribed in subdivisions (a) or (b) of Government Code section
				85303,
				must be returned pursuant to 2 Cal. Code. Regs. section
				18531, or deposited into a
				committee bank account designated as a "restricted use" account, or may be
				split between a committee's "all purpose" and "restricted use" accounts at the
				time of deposit, with the amount deposited into the "all purpose" account not
				to exceed the contributor's limit under subdivisions (a) or (b) of Government
				Code section
				85303.
				Within fourteen (14) calendar days following receipt, a committee may transfer
				any portion of the original contribution from the committee's "restricted use"
				account to the "all purpose" account, provided that the total amount deposited
				into the "all purpose" account does not exceed the contributor's limit under
				subdivisions (a) or (b) of Government Code section
				85303. For
				each contribution transferred under this subdivision, the committee shall
				maintain records sufficient to establish that the transfer was effected within
				fourteen (14) calendar days of receipt. Checks drawn on any "restricted use
				account" must include the words "restricted use" in the title of the account
				appearing on the checks. (For example, "XYZ's restricted use
				account.")
(d) Except by means of
				the transfer described in subdivision (c) above, funds from a "restricted use"
				account may not be used to make contributions to candidates for elective state
				office, or to make contributions to other committees for the purpose of making
				contributions to candidates for elective state office.
(e) A committee described in subdivision (a)
				of this regulation may transfer funds from its "all purpose" account to any
				other account. Any such transfers, however, need not be considered in
				determining whether any person contributing to the committee has or has not
				exceeded annual contribution limits for that person under subdivisions (a) or
				(b) of Government Code section
				85303.
				Except as set forth in subdivision (c) above, a committee may not transfer
				funds to an "all purpose" account from any "restricted use" or other committee
				account.
(f) A committee making a
				contribution to any other committee must notify the recipient whether the
				contribution is from the committee's "all purpose" or "restricted use" account,
				or from some other account. A check with the proper designation of the account
				on its face shall be presumed to be adequate notification of the nature of the
				funds to the recipient committee.
1. New section
				  filed 1-9-2007; operative 2-8-2007. Submitted to OAL for filing pursuant to
				  Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
				  C010924, California Court of Appeal, Third District Court of Appeal,
				  unpublished decision, 1992. (FPPC regulations only subject to 1974
				  Administrative Procedure Act rulemaking requirements) (Register 2007, No.
				  2).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 85303,
					 Government Code.