REGULATIONS OF THE FAIR POLITICAL PRACTICES COMMISSION

TITLE 2, DIVISION 6, CALIFORNIA CODE OF REGULATIONS

(Effective 9/21/99)


CHAPTER 1. GENERAL

18110 Duties of Filing Officers - Campaign Statements

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

18116 Reports and Statements; Filing Dates

 

CHAPTER 2. DEFINITIONS

18202 Quasi-Legislative Administrative Action

18215 Contribution

18215.1 Contributions; When Aggregated (Repealed 11/10/97; see Section 18428)

18215.2 Emergency Regulation--Monetary Contributions, When "Accepted"

18216 Enforceable Promise to Make a Payment

18217 Nonprofit Organization as Controlled Committee

18225 Expenditure

18225.4 Independent Expenditures; When Aggregated

18225.7 Made at the behest of

18227 Filing Officer

18233 Leasehold Interest

18234 Reporting Interests in Trusts

18235 Reporting Interests in a Blind Trust

18236 Parent, Subsidiary, Otherwise Related Business Entity (Repealed; see Section 18703.1)

18238.5 Definition of Lobbying Firm; Individual Contract Lobbyist

18239 Definition of Lobbyist

18239.5 Lobbyist Employer

18249 State Agency

 

CHAPTER 3. FAIR POLITICAL PRACTICES COMMISSION

18307 Honoraria for Members of the Fair Political Practices Commission

18310 Meetings

18312 Rulemaking Procedure

18313 Forms and Manuals

18316.5 Application of Government Code Section 83116.5

18319 Delegation of Authority

18320 Requests for Opinions

18321 Review of Requests Denied by the Executive Director

18322 Procedures for Issuing Opinions

18324 Opinions

18326 Petition for Rehearing

18327 Voting Requirements for Formal Action by the Commission

18329 Formal Written Advice and Informal Assistance

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

18360 Complaints

18361 Enforcement Proceedings

18361.5 Briefing Procedure of Proposed Decision by an Administrative Law Judge; Reconsideration

18362 Access to Complaint Files

18363 Administering Oaths and Affirmations

18370 State Agency Ethics Training

CHAPTER 4. CAMPAIGN DISCLOSURE

18401 Required Recordkeeping for Chapter 4

18402 Committee Names

18402.5 Supplemental Pre-Election Statements

18404 Termination of Candidate's and Committees' Filing Requirements

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

18416 Annual Loan Reports

18419 Sponsored Committees

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

18420.5 Campaign Filing Requirements in Connection with the March 26, 1996 Statewide Primary Election (Repealed 5/26/98)

18421 Cash Equivalents

18421.1 Disclosure of the Making and Receipt of Contributions

18421.2 Street Address

18421.6 Reporting Accrued Expenses    

18423 Payments for Personal Services as Contributions and Expenditures

18425 Late Contributions; Reports

18426 Semi-Annual Statement Early Filing

18426.1 Assistant Treasurer

18427 Duties of Treasurers and Candidates With Respect to Campaign Statements

18427.1 Notification to Contributors of $5,000 or More

18428 Reporting by Affiliated Entities

18430 Committees Controlled by More than One Candidate

18431 Reporting of Expenditures by an Agent or Independent Contractor

18432 Reporting Cumulative Contributions and Expenditures for Each Fiscal Year (Repealed 10/23/96)

18432.5 Intermediary

18435 Definition of Mass Mailing and Sender

18438 Contributions to Members of Quasi-Judicial Boards and Commissions (Repealed 4/26/95)

18438.1 Officers and Agencies Under Government Code Section 84308

18438.2 Proceedings Under Government Code Section 84308

18438.3 Agents Under Government Code Section 84308

18438.4 Participants Under Government Code Section 84308

18438.5 Contributions

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

18438.7 Prohibitions and Disqualification Under Government Code Section 84308

18438.8 Disclosure Under Government Code Section 84308

18439 Definition of "Personally Deliver"

18451 CalPERS Board Member Elections - Campaign Statements

18452 Reporting Requirements

18457 Out-of-State Contributors (Repealed 2/5/93)

CHAPTER 5. CAMPAIGN FINANCE REFORM

18500 Contribution Limits (Repealed 1/15/91)

18502 Broad Based Political Committee

18502.1 Reporting by Small Contributor Committees

18502.2 Early Registration as Broad Based Political Committee (Repealed 1/15/91)

18519.4 Surplus Funds from Elections Prior to January 1, 1997

18521 Establishment of Separate Controlled Committee for Each Campaign Contribution Account

18522 Payments From Personal Funds for Filing Fee or Candidate Statement (Repealed 4/26/95)

18523 Nondesignated Contributions or Loans

18523.1 Written Solicitation for Contributions

18524 Investment and Expenditure of Candidates' Campaign Funds

18525 Incumbent Candidates' Election Expenses and Officeholder Expenses

18526 Reimbursement of Expenditures

18526.1 Use of Personal Funds for Officeholder Expenditures (Repealed 10/23/96)

18530  Use of Public Funds

18530.1 Use of Funds Raised Prior to January 1, 1997

18530.7 Extensions of Credit

18531 Return of Excessive Contributions

18531.1 Affiliated Entities Sharing One Contribution Limit

18531.3 Transfers of Funds Into Officeholder Accounts

18531.4 Officeholder Accounts--Reporting

18531.5 Officeholder Accounts During Interim Period

18532 Solicitation of Contributions in Excess of the Contribution Limits

18533 Contributions from Joint Checking Accounts

18535 Contribution Limitations During Special and Special Runoff Elections

18536 "Campaign Funds Possessed on the Effective Date of this Chapter" (Repealed 2/24/93)

18536.1 Establishment of Separate Bank Account for Contributions in Compliance with Contribution Limitations (Repealed 2/24/93)

18536.2 Use of Campaign Funds for any Lawful Purpose Other than to Support or Oppose A Candidacy for Elective Office (Repealed 2/24/93)

18537 Contribution Limits and Application to Repaid Loans

18538 Ballot Measure Committees: Expenditures as Contributions to Candidates (Repealed 1/19/92)

18538.2 Political Endorsements

18539 Contributions to and by Political Parties and Political Party Committees

18540 Limitations on Gifts and Honoraria (Repealed 7/1/92; see Chapter 9.5)

18541 Voluntary Expenditure Limits--Notification and Designation Requirements

18550 Independent Expenditure Reports Required by Gov. Code Sections 85404 and 85500

18564 Notice Requirement for Independent Expenditures Exceeding $10,000 (Repealed 4/26/95)

18580 Direct Personal Benefit Defined (Repealed 4/26/95; see Section 18960)

CHAPTER 6. LOBBYISTS

18600 Duties and Prohibitions of Lobbyists, Lobbying Firms, and Lobbyist Employers

18601 Withdrawal of Lobbyist Certification or Lobbying Firm Registration

18610 Lobbyist Accounting

18611 Lobbyist Reporting

18612 Accounting by Lobbying Firms

18613 Reporting by Lobbying Firms

18614 Payments for Lobbying Services

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

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

18616.4 Reports by Lobbying Coalitions Which are Lobbyist Employers; Reports by Members of Lobbying Coalitions

18617 Early Filing of Periodic Reports

18623 Gifts from Lobbyists and Lobbying Firms; Honoraria

18624 Lobbyist Arranging Gifts

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

18626 Contributions from Lobbyists

18630 Home Hospitality

CHAPTER 7. CONFLICTS OF INTEREST

ARTICLE 1. GENERAL PROHIBITION

18700 Basic Rule; Guide to Conflict of Interest Regulations

18701 Public Official, Determining Whether an Individual Is

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

18702.1 Determining When a Public Official is Making a Government Decision

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

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

18702.4 Exceptions

18703 Economic Interests, Defined

18703.1 Economic Interests, Defined: Business Entities

18703.2 Economic Interests, Defined: Real Property

18703.3 Economic Interests, Defined: Source of Income

18703.4 Economic Interests, Defined: Source of Gifts

18703.5 Economic Interests, Defined: Personal Financial Effect

18704 Determining Whether an Economic Interest is Directly or Indirectly Involved in a Governmental Decision

18704.1 Determining Whether an Economic Interest is Directly or Indirectly Involved in a Governmental Decision: Business Entities, Sources of Income, Sources of Gifts

18704.2 Determining Whether an Economic Interest is Directly or Indirectly Involved in a Governmental Decision: Interest in Real Property

18704.5 Determining Whether an Economic Interest is Directly or Indirectly Involved in a Governmental Decision: Personal Financial Effect

18705 Standards for Determining Whether a Financial Effect on an Economic Interest is Material

18705.1 Materiality Standard: Economic Interests in Business Entities

18705.2 Materiality Standard: Economic Interests in Real Property

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

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

18705.5 Materiality Standard: Personal Financial Effect

18706 Determining Whether a Material Financial Effect is Reasonably Foreseeable

18707 Public Generally

18707.1 Special Rule for Rates, Assessments, and Similar Decisions

18707.2 Public Generally: Small Jurisdictions; Principal Residence

18707.3 Public Generally: Industries, Trades, or Professions

18707.4 Public Generally: Appointed Members of Boards and Commissions

18707.5 Sources of Income to Owners of Retail Business Entities

18707.6 States of Emergency

18708 Legally Required Participation

 

ARTICLE 2. DISCLOSURE

18723 Dates for Filing Annual Statements of Economic Interests

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

18726 Valuation of Gifts (Repealed 1/12/94; see Section 18946)

18726.1 General Rule for Receipt of Gifts, Promised Gifts and for Return, Donation, or Reimbursement of Gifts (Repealed 1/26/94; see Section 18943)

18726.2 Valuation of Gifts to An Official and His or Her Family (Repealed 1/26/94; see Section 18944)

18726.5 Valuation of Wedding Gifts (Repealed 1/12/94; see Section 18946.3)

18726.7 Passes or Tickets Given to an Agency (Repealed 6/22/94; see Section 18944.1)

18727 Gifts to Officials (Repealed 1/25/93)

18727.5 Travel Costs and Other Payments from Campaign Committees

18728 Reporting of Income and Gifts; Honoraria and Awards (Repealed 1/27/93; see Section 18950.3)

18729 Leasehold Interests - Value, Disclosure

18730 Provisions of Conflict of Interest Codes

18732 Filing Dates for Annual Statements Filed Pursuant to Conflict of Interest Codes

18733 Disclosure Categories for Auditors, Investigators and Inspectors and Persons Similarly Situated

18735 Assuming Office Statements for Previously Designated Employees

18736 Contents of State Agency Biennial Reports

18736.1 Contents of Multi-County Local Agency Written Statements

18737 Suspension of Code Provisions Pending Appeal

18740 Privileged Information: Statements of Economic Interests

ARTICLE 2.5 POST-EMPLOYMENT LAWS

18741.1 Permanent Ban; Participating in the Same Proceeding

18746.1 Revolving Door; General Provisions

18746.2 Revolving Door; Appearances and Communications

18747 Influencing Prospective Employment

ARTICLE 3. CONFLICT OF INTEREST CODES

18750 Procedures for the Promulgation and Adoption of Conflict of Interest Codes for State Agencies

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

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

18752 Nonsubstantive Amendments of Conflict of Interest Codes

18753 Statements of Economic Interests; Where to File

CHAPTER 9. INCUMBENCY

18901 Mass Mailings Sent at Public Expense

18902 Declaration of Candidacy (Repealed 10/23/96)

(Auditing Regulations Moved to Chapter 10)

18910 Audits of Campaign Reports and Statements of Local Candidates and Their Controlled Committees (Repealed 1/30/95; see Section 18991)

18913 Terms Used in Section 90001 (Repealed 1/30/95; see Section 18992)

18914 Contain in Detail (Repealed 1/30/95; see Section 18993)

18915 Auditing and Investigations (Repealed 1/30/95; see Section 18994)

18916 Standards and Guidelines for Auditing Statements and Reports Filed Pursuant to Chapter 4 (Repealed 1/30/95; see Section 18995)

CHAPTER 9.5. ETHICS

18930 Guide to Honorarium Regulations

18930.1 Prohibition on Acceptance of Honoraria (Repealed 10/23/96; See Gov. Code Section 89502)

18931 Definition of "Honorarium" (Repealed 10/23/96; see Gov. Code Section 89501)

18931.1 Definition of "Speech Given"

18931.2 Definition of "Article Published"

18931.3 Definition of "Attendance"

18932 Exceptions to "Honorarium": Earned Income

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

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

18932.3 Definition of "Predominant Activity"

18932.4 Exceptions to "Honorarium": General Exceptions

18932.5 Exclusions From "Honorarium": Direct Charitable Donations

18933 Returning Honoraria.

18935 Reporting Honoraria (Repealed 10/23/96)

18940 Guide to Gift Regulations

18940.1 Limits on Gifts (Repealed 10/23/96; see Gov. Code Section 89503)

18940.2 Gift Limit Amount

18941 Receipt, Promise and Acceptance of Gifts

18941.1 Payments for Food

18942 Exceptions to Gift and Exceptions to Gift Limits

18942.1 Definition of "Informational Material"

18943 Return, Donation, or Reimbursement of a Gift

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

18944.1 Recipient of the Gift: Passes or Tickets Given to An Agency

18944.2 Gifts to an Agency

18945 Source of Gifts

18945.1 Cumulation of Gifts; "Single" Source

18945.3 Intermediary of a Gift

18945.4 A Gift from Multiple Donors

18946 Reporting and Valuation of Gifts

18946.1 Reporting and Valuation of Gifts: Passes and Tickets

18946.2 Reporting and Valuation of Gifts: Testimonial Dinners and Events

18946.3 Reporting and Valuation of Gifts: Wedding Gifts

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

18946.5 Prizes and Awards From Bona Fide Competitions

18950 Guide to Travel Regulations

18950.1 Gifts of Travel: Exceptions

18950.2 Travel: Exceptions for Local Elected Officers (Repealed 7/25/95)

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

18950.4 Payments for Travel In Connection with Campaign Activities

18951 Incidental Use (Repealed 1/30/95; see Section 18961)

18954 Gift Limit Adjustment (Repealed 10/23/96; see Section 18940.2)

18960 Direct Personal Benefit Defined

18961 Incidental Use

CHAPTER 10. AUDITING

18991 Audits of Campaign Reports and Statements of Local Candidates and Their Controlled Committees

18992 Terms Used in Section 90001

18993 Contain in Detail

18994 Auditing and Investigations

18995 Standards and Guidelines for Auditing Statements and Reports

18996 Scope of Audits and Investigations