Search

(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18115. Duties of Filing Officers and Filing Officials - Statements of Economic Interests. (a) A filing officer is the person or agency which receives and retains original statements of economic interests. A filing officer's duties with respect to a statement submitted in paper format are set forth in Regulation 18115.1, and a filing officer's duties with respect to a statement submitted in electronic format are set forth in Regulation 18115.2. In addition, a filing officer shall: (1) Supply the necessary forms and manuals prescribed by the Commission. (2) Determine whether the proper statements have been filed and whether they conform on their face with the Act's requirements. In determining if statements conform on their face to the Act's requirements, the filing officer must review the information contained in at least 20 percent of the statements which are filed on time, a...

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.) § 18115.1. Duties of Filing Officers and Filing Officials - Paper Format Statements of Economic Interests. (a) Pursuant to Section 81010(b), a filing officer shall review a statement of economic interests submitted in paper format to ensure: (1) The statement is legible and readable when reproduced. (2) The statement's cover sheet includes the filer's full name, formal official title, an email address, and the residential or business street address of the filer, as well as the type of statement and the period covered. (3) The statement has been signed and dated by the filer in compliance with Section 81004, unless the statement is an expanded statement filed for an additional position under Regulation 18723.1. (b) The filing officer shall promptly notify the filer if the review of the statement required by subdivision (a) indicates the statement is incomplete or...

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.) § 18117. Duties of Filing Officers and Filing Officials - Effect of Non-Compliance on Filing and Disclosure Obligations. [Repealed] Note: Authority cited: Section 83112, Government Code. Reference: Sections 81010, 84101, 84103, 84108, 84200-84209, 84218, 84220, 84224, 84225, 84511, 84605, 85304, 85309, 85310, 85500, 86100-86117, 87200-87205, 87302 and 87302.6, Government Code. HISTORY 1. New section filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41). 2. Amendment of Note filed 7-22-2019; operative 8-21-2019 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 requ...

(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.) § 18200. Terms and References. As used in this Division, the following terms have the following meanings: (a) "Act" refers to the Political Reform Act as set forth in Title 9 (commencing with Section 81000) of the Government Code. (b) "Regulation" refers to this Division, Division 6 of Title 2 of the California Code of Regulations, unless otherwise specified. (c) "Section" refers to the Government Code, unless otherwise specified. Note: Authority cited: Section 83112, Government Code. Reference: Sections 81000, 83111 and 83112, Government Code. HISTORY 1. Change without regulatory effect adding section filed 10-31-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 44). 2. Change without regulatory effect amending section heading and section filed 3-19-2008 pursuant to section 100, title 1, California Code of Regulations...

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18202. Definitions. Quasi-Legislative Administrative Action. (a) A proceeding of a state agency is not a quasi-legislative proceeding for the purposes of Government Code Section 82002 if it is any of the following: (1) A proceeding to determine the rights or duties of a person under existing laws, regulations or policies. (2) A proceeding involving the issuance, amendment or revocation of a permit or license. (3) A proceeding to enforce compliance with existing law or to impose sanctions for violations of existing law. (4) A proceeding at which an action is taken involving the purchase or sale of property, goods or services by such agency. (5) A proceeding at which an action is taken which is ministerial in nature. (6) A proceeding at which an action is taken awarding a grant or contract. (7) A proceeding involving the issuance of a legal opinion. (b) A proceeding of the Cali...

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18215. Contribution. (a) A contribution is any payment made for political purposes for which a donor does not receive full and adequate consideration. A payment is made for political purposes if it is: (1) For the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate or candidates, or the qualification or passage of any measure; or (2) Received by or made at the behest of the following or any agent thereof: (A) A candidate; (B) A controlled committee; (C) An official committee of a political party, including a state central committee, county central committee, assembly district committee, or any subcommittee of such committee; or (D) An organization formed or existing primarily for political purposes, including, but not limited to, a political action committee established by any members...

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18216. Enforceable Promise to Make a Payment. (a) A person who makes an enforceable promise to make a payment to or at the behest of a candidate or committee makes a contribution to the candidate or committee, except to the extent the person receives full and adequate consideration, and unless it is clear from the surrounding circumstances that the enforceable promise is not made for political purposes. (b) A person makes an “enforceable promise to make a payment,” as that term is used in subdivision (a), if the person: (1) Guarantees a loan. (2) Furnishes security for a loan. (3) Endorses a loan. (4) Cosigns a loan. (5) Makes and delivers a post-dated check. (6) Establishes a line of credit at a bank or other commercial lending institution for a candidate or committee. (7) Promises in writing to make a payment for specific goods or services, and the candidat...

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18217. Nonprofit Organization as Controlled Committee. (a) A nonprofit organization, as defined in subdivision (f), shall be considered a controlled committee, if both of the following apply: (1) A candidate, the candidate's agent, or any committee the candidate controls, exercise significant influence over the actions and decisions of the organization, or acts jointly with the organization in connection with the making of expenditures. (2) The organization qualifies as a committee under Section 82013(a), and the organization is operated for political purposes. For purposes of this regulation, an organization is “operated for political purposes” if either of the following applies: (A) The organization receives or expends funds for the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate or...

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.) § 18219. Designated Employees. For purposes of Section 82019 the term “designated employee” includes a consultant as defined under Regulation 18700.3(a) and an employee in a newly created position that makes or participates in the making of decisions and whose specific position is not yet listed in an agency's conflict-of-interest code. Note: Authority cited: Section 83112, Government Code. Reference: Section 82019, Government Code. HISTORY 1. New section filed 11-12-2009; operative 1-1-2010. 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) (Register 2009, No. 46). 2. Amendment filed 7-22-2019; operative 8-2...

1 (Regulations of the California Code of Regulations, Title 2, Division 6, California Code of Regulations) § 18225.7. Made at the Behest; Independent versus Coordinated Expenditures. (a) Application. (1) The term “made at the behest” is used in four contexts in the Act: (i) for “contributions” and “expenditures” defined in Sections 82015 and 82025; (ii) for “independent expenditures” defined in Sections 82031 and 85500, to differentiate between expenditures that are made in coordination with a candidate or committee versus those that are made by a person independent of the candidate or committee; (iii) for “behested payments” reports filed by an elected officer or a Public Utilities Commissioner who solicits funds for charitable, legislative or governmental purposes as specified in Section 84224; and (iv) for communications identifying a state candidate as specified in Section 85310. (2) The definition of “made at the behest” in subdivision (b) and Section 82041.3 applies to all uses of...