Repeal 2 Cal. Code Regs. Section 18531.4:

18531.4. Officeholder Accounts--Reporting

(a) For purposes of Government Code Section 85313, officeholder expense funds must be held in a single bank account at a financial institution located in the State of California which is separate from any campaign bank account established for election to office.

(b) If $1,000 or more is received by or deposited in an officeholder account in a calendar year, the officeholder shall establish a controlled committee for the account by filing a statement of organization pursuant to Government Code Section 84101. The words "Officeholder Account" shall be included as part of the committee name. The committee shall file semi-annual campaign statements pursuant to Chapter 4 of Title 9 of the Government Code.

(c) Contributions to the officeholder expense account are not considered campaign contributions for purposes of Government Code Sections 85200, 85201, 85301-85312, and 85402, and are not considered gifts or income for purposes of Title 9 of the Government Code.

Comment: On January 6, 1998, in the case of California Prolife Council Political Action Committee v. Scully (E.D. Cal. 1998) ---- F.Supp. ----, No. CIVS 96-1965 LKK DAD, 1998 WL 7173, the federal district court enjoined enforcement of Government Code Section 85313 and other provisions of Proposition 208. This regulation is not presently enforceable due to the injunction. However, elected officials with officeholder accounts must comply with California Code of Regulations, Title 2, Section 18531.5 during the injunction.

Note: Authority: Section 83112, Gov. Code

Reference: Sections 85200, 85201, 85301-85313, Gov. Code