FPPC Regulations Index

Print This PageREGULATIONS OF THE FAIR POLITICAL PRACTICES COMMISSION
TITLE 2, DIVISION 6, CALIFORNIA CODE OF REGULATIONS
(Last Updated 05/16/2014)

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
18117 Duties of Filing Officers and Filing Officials' Effect of Non-Compliance on Filing and Disclosure Obligations

CHAPTER 2. DEFINITIONS

18200 Terms and References
18202 Quasi-Legislative Administrative Action
18215 Contribution
18215.1 Contributions; When Aggregated
18215.2 Uncompensated Internet Activity by Individuals that is not a Contribution or Expenditure (adopt)
18215.3 Behested Payments Reporting
18216 Enforceable Promise to Make a Payment
18217 Nonprofit Organization as Controlled Committee
18219 Designated Employees
18225 Expenditure
18225.4 Independent Expenditures; When Aggregated
18225.7 Made at the Behest of
18227 Filing Officer
18227.5 General Purpose Committees - State, County or City
18229 Inclusion of Registered Domestic Partners
18229.1 Definition of "Dependent Children."
18230 Doing Business in the Jurisdiction
18232 Salary and Reimbursement for Expenses or Per Diem Received from a State, Local, or Federal Government Agency.
18233 Leasehold Interest
18234 Interests in Trusts
18235 Reporting Interests in a Blind Trust (82030, 82033 and 82034)
18237 Definition of Investment
18238.5 Definition of Lobbying Firm; Individual Contract Lobbyist
18239 Definition of Lobbyist
18239.5 Lobbyist Employer
18247.5 Primarily Formed Committees
18249 State Agency (82004, 86100, 86300)

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
18313.5 Online Posting
18313.6 Online Posting: Redacting Personal Information
18316.5 Application of Government Code Section 83116.5
18316.6 Treasurer Liability
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
18329.5 Commission Advice Procedure - Government Code Sections 87300,87306
18351 Conflict-of-Interest Code of the Fair Political Practices Commission
18360 Complaints
18361 Delegation by the Executive Director Pertaining to Enforcement Proceedings and Authority to Hear Probable Cause Proceedings
18361.1 Administrative Subpoenas
18361.2 Memorandum Respecting Civil Litigation
18361.3 Referral of Questions of Law to the Commission
18361.4 Probable Cause Proceedings
18361.5 Administrative Hearings
18361.6 Probable Cause Presentation by Civil or Criminal Prosecutor
18361.7 Executive Director Subpoena Authority
18361.8 Inapplicability of Regulations 18361.1 Through 18361.8 to Other Enforcement Procedures
18361.9 Briefing Procedure of Proposed Decision by an Administrative Law Judge; Reconsideration
18361.10 Administrative Adjudicated Enforcement Decisions as Precedent
18361.11 Default Proceedings
18362 Access to Complaint Files
18363 Administering Oaths and Affirmations
18370 State Agency Ethics Training
18371 Local Agency Ethics Training

CHAPTER 4. CAMPAIGN DISCLOSURE

18401 Required Recordkeeping for Chapter 4
18401.1 Required Recordkeeping for Slate Mailer Organizations
18402 Committee Names
18402.1 Principal Officers
18402.5 Supplemental Pre Election Statements
18404 Termination of Candidate's and Committees' Filing Requirements
18404.1 Termination and Reopening of Committees
18404.2 Administrative Termination
18405 Candidates with Multiple Controlled Committees
18406 Short Form for Candidates or Officeholders Who Receive and Spend Less than $1,000 in a Calendar Year
18410 Statement of Organization
18412 Identifying Funding Sources for Contributions and Independent Expenditures Made by Certain Tax Exempt Organizations
18413 Reporting Independent Expenditures by Eligible 501(c)(3)/501(c)(4) Organizations
18417 Campaign Reporting - LAFCO Proposals
18419 Sponsored Committees
18420 Reporting of Campaign Contributions and Expenditures of State or Local Government Agencies
18420.1 Payments by State or Local Agencies for a Communication About a Measure
18420.5 Campaign Filing Requirements for the February 5, 2008 Statewide Election
18421 Cash Equivalents
18421.1 Disclosure of the Making and Receipt of Contributions
18421.2 Street Address
18421.3 Reporting of Contributions and Expenditures Collected by Contract Vendors or Collecting Agents
18421.31 Text Message Contributions
18421.4 Reporting Cumulative Amounts for State Elections and State Recipient Committees
18421.5 Reporting an Expenditure for Paid Online Communications
18421.6 Reporting Accrued Expenses
18421.7 Reporting an Expenditure for a Gift, a Meal, or Travel
18421.8 Reporting an Expenditure by a Candidate Controlled General Purpose Ballot Measure
18421.9 Reporting Expenditures Charged to a Credit, Debit or Charge Card by a Candidate or Committee
18423 Payments for Personal Services as Contributions and Expenditures
18425 24-Hour Contribution 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 of Contributions and Independent Expenditures Required to be Aggregated
18430 Committees Controlled by More Than One Candidate
18431 Reporting of Expenditures by an Agent or Independent Contractor
18432.5 Intermediary
18435 Definition of Mass Mailing and Sender
18435.5 Slate Mailer Requirements
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 Aggregated Contributions Under Government Code 84308
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"
18440 Telephone Advocacy
18450.1 Definitions. Advertisement Disclosure
18450.3 Committee Name Identification. Advertisement Disclosure
18450.4 Contents of Disclosure Statements. Advertisement Disclosure
18450.5 Amended Advertising Disclosure
18450.11 Spokesperson Disclosure
18451 CalPERS and CalSTRS Board Member Elections; Where to File Campaign Reports and Statements
18452 Reporting Requirements
18453 CalPERS Board Member Elections - Record Keeping Requirements

CHAPTER 4.6. ONLINE DISCLOSURE

18465 Disclosure of Lobbying Entity Identification Numbers
18465.1 Verification of Online Filers
18466 State Ballot Measure Contributions & Expenditures; Online Reports

CHAPTER 5. CAMPAIGN FINANCE REFORM

18503 Small Contributor Committees
18520 Statement of Intention To Be a Candidate
18521 Establishment of Separate Controlled Committee for Each Campaign Account
18521.5 Ballot Measure Committees Controlled by Candidates for Elective State Office
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
18530 Use of Public Funds
18530.2 Transfer of Funds Raised Prior to Proposition 34 Limits
18530.3 Reporting of Specified Contributions and Expenditures by Political Party Committees
18530.4 Legal Defense Funds - State Candidates & Officers
18530.45 Legal Defense Funds - Local Candidates and Officers
18530.7 Extensions of Credit
18530.8 Personal Loans
18531 Return of Excessive Contributions
18531.2 Refunding General Election Contributions
18531.5 Recall Elections
18531.6 Treatment of Debts Outstanding After an Election - Prior to January 24, 2004
18531.61 Treatment of Debts Outstanding After an Election
18531.62 Elected State Officeholder Bank Accounts
18531.7 Payments for Communications - Section 85312
18531.10 Communications Identifying State Candidates
18533 Contributions from Joint Checking Accounts
18534 Required Committee Bank Accounts
18535 Restrictions on Contributions Between State Candidates
18536 Transfer and Attribution of Contributions
18537 Contribution Limits and Application to Repaid Loans
18537.1 Carry Over of Contributions
18539 Online Disclosure of Contributions
18539.2 Reporting Payments Pursuant to Government Code Section 85310
18540 Voluntary Expenditure Ceilings
18542 Notification of Personal Contributions in Excess of the Voluntary Expenditure Limits
18543 Lifting of Voluntary Expenditure Limits
18544 Campaign Contributions and Voluntary Expenditure COLA Formula
18545 Contribution Limits and Voluntary Expenditure Ceiling Amounts
18550 24-Hour Independent Expenditure Reports
18550.1 Independent and Coordinated Expenditures

ARTICLE 1. STATEWIDE MEASURES

18570 Return of Contributions with Insufficient Donor Information
18572 Lobbyist Contributions - Making a Contribution Defined

CHAPTER 6. LOBBYISTS

18600 Duties and Prohibitions of Lobbyists, Lobbying Firms, and Lobbyist Employers (86100,86300)
18601 Withdrawal of Lobbyist Certification or Lobbying Firm Registration
18603 Lobbyist Certification
18603.1 Lobbyist Ethics Orientation Course
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
18630 Home Hospitality (86203)
18640 Activity Expenses

CHAPTER 7. CONFLICTS OF INTEREST

ARTICLE 1. CONFLICT OF INTEREST; GENERAL PROHIBITION

18700 Basic Rule; Guide to Conflict of Interest Regulations
18701 Public Official, Definitions
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 Governmental 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 Position to Influence a Governmental Decision
18702.4 Exceptions
18702.5 Public Identification of a Conflict of Interest for Section 87200 Filers
18703 Economic Interests, Defined
18703.1 Economic Interest, Defined: Business Entities
18703.2 Economic Interest, Defined: Real Property
18703.3 Economic Interest, Defined: Source of Income
18703.4 Economic Interest, Defined: Source of Gifts
18703.5 Economic Interest, Defined: Personal Finances
18704 Determining Whether an Economic Interest Is Directly or Indirectly Involved in a Governmental Decision
18704.1 Determining Whether Directly or Indirectly Involved in a Government Decision: Business Entities, Sources of Income, Sources of Gifts
18704.2 Determining Whether Directly or Indirectly Involved in a Governmental Decision - Interest in Real Property [Repealed]
18704.5 Determining Whether Directly or Indirectly Involved in a Governmental Decision: Economic Interest in Personal Finances
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 Material Financial Effect on a Real Property - Standard
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: Economic Interest in Personal Finances
18706 Determining whether a Financial Effect Is Reasonably Foreseeable
18706.1 Real Estate or Professional License
18707 Public Generally
18707.1 Public Generally. General Rule
18707.2 Special Rule for Rates, Assessments, and Similar Decisions
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
18707.7 Public Generally: Industries, Trades, or Professions
18707.9 Public Generally - Residential Properties
18707.10 Public Generally, Small Jurisdictions; Effects on Official's Domicile
18708 Legally Required Participation
18709 Governmental Decision: Segmentation

ARTICLE 2. DISCLOSURE

18722 Filing Assuming and Leaving Office Statements of Economic Interests; Alternates and Designees
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
18727.5 Travel Costs and Other Payments from Campaign Committees - Repealed
18728 Reporting of Income and Gifts; Honoraria and Awards (87207)
18728.5 Reporting of Commission Income and Incentive Compensation
18729 Leasehold Interests, Value, Disclosure
18730 Provisions of the Conflict of Interest Codes
18730.1 Conflict of Interest Code: Reporting of Gifts
18732 Filing Dates for Annual Statements Filed Pursuant to Conflict of Interest Codes (87302)
18732.5 Statements of Economic Interests from Filers of Abolished Agencies
18733 Disclosure Categories for Auditors, Investigators and Inspectors and Persons Similarly Situated (87302)
18734 Designated Employees and Consultants - Positions Pending Code Amendment
18735 Change of Position or Disclosure Category Within Same Agency
18735.5 Filing Dates for Assuming Office, Annual, or Leaving Office Statements of Economic Interests for Multi-Agency Filers of Joint Powers Insurance Agencies
18736 Contents of State Agency Biennial Reports
18736.1 Contents of Multi-County Local Agency Written Statements
18737 Suspension of Code Provisions Pending Appeal (87307)
18740 Privileged Information: Statements of Economic Interests

ARTICLE 2.5. POST-EMPLOYMENT LAWS

18741.1 Revolving Door; State Permanent Ban
18746.1 Revolving Door; State One-Year Ban
18746.2 Revolving Door; Appearances and Communications
18746.3 Revolving Door; Local Officials
18746.4 Revolving Door; Permanently Left and Leave of Absence
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
18750.2 Procedures for the Promulgation and Adoption of Conflict of Interest Codes for State Agencies Exempt from the Administrative Procedures Act
18751 Procedure and Standards for Obtaining 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
18754 Statements of Economic Interests (Members of Boards or Commissions of Newly Created Agencies); When and Where to File
18755 Statements of Economic Interests: Person or Persons at an Institution of Higher Education with Principal Responsibility for a Research Project
18756 Statements of Economic Interests - Certification of Electronic Filing System

CHAPTER 9. INCUMBENCY

18901 Mass Mailings Sent at Public Expense
18901.1 Campaign Related Mailings Sent at Public Expense

CHAPTER 9.5. ETHICS

18930 Guide to Honorarium Regulations
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

New Gift and Travel Regulations 18727.5, 18942, 18944, 18950, 18950.1, 18950.2, 18950.3 and 18950.4 are effective as of 1/1/2014
NOTE: For the 2013 Annual Form 700 due March 1 and April 1, use the previous gift regulations found on this 2013 Gift and Travel Regulations

18940 Guide to Gift Regulations
18940.1 General Definition
18940.2 Gift Limit Amount
18941 Receipt, Promise, Acceptance and Return of a Gift
18942 Exceptions to Gift and Exceptions to Gift Limits
18942.1 Definition of Informational Material
18942.2 Definition of Home Hospitality
18942.3 Definition of Ceremonial Role
18943 Gift to Official Through Family Member
18944 Payments Made to an Agency for Use by Agency Officials
18944.1 Gifts -- Agency Provided Tickets or Passes
18944.2 Agency Raffles and Exchanges of Presents
18944.3 Gifts from a Government Agency to Officials in that Agency
18945 Source of Gifts
18945.1 Aggregation of Gifts -- Single Source
18945.2 Group Gifts
18946 Valuation of Gifts
18946.1 Exception -- Valuation of Gifts -- Passes and Tickets
18946.2 Exception -- Valuation of Gifts -- Attendance at Invitation-Only Events
18946.3 Exception -- Valuation of Gifts -- Wedding Gifts
18946.4 Exception -- Valuation of Gifts -- Attendance at Nonprofit or Political Organization Fundraising Events
18946.5 Exception -- Valuation of Gifts -- Air Transportation


18950 Travel Payments
18950.1 Exception - Payments for Travel Made in Conjunction with Official Agency Business
18950.2 Exception - Payments for Travel in Connection with a Bona Fide Business
18950.3 Exception - Payments for Travel in Connection with Campaign Activities
18950.4 Payments for Travel in Connection with Campaign Activities - Renumbered
18951 Surplus Funds
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
18997 Audits of Campaign Reports and Statements of Candidates for the Board
of Administration of the Public Employees' Retirement System
Voter Information Form 700 Advice through Email YouTube - Candidate and Treasurer Workshop Preview Agendas Political Reform Act Complaint Closure Letter
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