Section § 82000

Explanation

This section says that unless it's clearly stated otherwise, the definitions in this chapter should be used to understand and interpret this title.

Unless the contrary is stated or clearly appears from the context, the definitions set forth in this chapter shall govern the interpretation of this title.

Section § 82001

Explanation

This law explains how cost-of-living (COL) adjustments are calculated for state-related payments or amounts. Every fiscal year, the Director of Finance determines the adjustment based on the previous year’s amount and aligns it with those applied to other state agencies, as outlined in the state budget.

“Adjusting an amount for cost-of-living changes” means adjusting the amount received the previous year by an amount determined at the beginning of each fiscal year by the Director of Finance corresponding to amounts authorized from the salary and price increase items as set forth in the Budget Act and other cost-of-living adjustments on the same basis as those applied routinely to other state agencies.

Section § 82002

Explanation

This law defines "administrative action" as activities by state agencies related to rule-making and decision-making processes. It includes creating, amending, enacting, or rejecting rules and regulations, decisions related to state retirement system investments, and certain insurance and health decisions.

It specifically mentions that administrative actions include "ratemaking proceedings" where utility rates are set, and "quasi-legislative proceedings" where policies applicable to groups or industries are established.

(a)CA Government Code § 82002(a) “Administrative action” means any of the following:
(1)CA Government Code § 82002(a)(1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, including any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(2)CA Government Code § 82002(a)(2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system.
(3)CA Government Code § 82002(a)(3) Any decision or approval pursuant to Section 1215.2 of the Insurance Code or Section 1399.65 of the Health and Safety Code.
(b)CA Government Code § 82002(b) “Ratemaking proceeding” means, for the purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms.
(c)CA Government Code § 82002(c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry.

Section § 82003

Explanation

This section defines 'Agency' as any organization that is part of the state government or any local government.

“Agency” means any state agency or local government agency.

Section § 82004

Explanation
An 'agency official' is defined as anyone who works with a state agency, whether they're a member, officer, employee, or consultant. As long as their job involves participating in administrative actions beyond basic clerical or secretarial work, they are considered an 'agency official.'
“Agency official” means any member, officer, employee, or consultant of any state agency who as part of that person’s official responsibilities participates in any administrative action in other than a purely clerical, secretarial, or ministerial capacity.

Section § 82004.5

Explanation

A 'behested payment' in this section refers to money given at the request of a committee, elected official, or Public Utilities Commission member under certain conditions. These include if the committee or official receives full consideration, if the payment goes to another candidate or committee not controlled by the official, or if the payment is unrelated to the official's election activities.

This section clarifies that payments are unrelated if they are primarily for personal, charitable, or governmental purposes, or made by a nonprofit or a government agency. If it's for personal needs, it might count as a gift under other rules.

“Behested payment” means a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under any of the following circumstances:
(a)CA Government Code § 82004.5(a) Full and adequate consideration is received from the committee or elected officer.
(b)CA Government Code § 82004.5(b) The payment is made to a different candidate or to a committee not controlled by the behesting candidate.
(c)CA Government Code § 82004.5(c) As to an elected officer, it is clear from the surrounding circumstances that the payment was made for purposes unrelated to the officer’s seeking or holding of elective office. For purposes of this subdivision, a payment is made for purposes related to an elected officer’s seeking or holding of elective office if all or a portion of the payment is used for election-related activities, as defined in Section 82022.5. The following types of payments are presumed to be for purposes unrelated to an elected officer’s seeking or holding of elective office:
(1)CA Government Code § 82004.5(c)(1) A payment made principally for personal purposes, in which case it may be considered a gift under the provisions of Section 82028. Payments that are otherwise subject to the limits of Section 86203 are presumed to be principally for personal purposes.
(2)CA Government Code § 82004.5(c)(2) A payment made by a state, local, or federal governmental agency.
(3)CA Government Code § 82004.5(c)(3) A payment made by a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
(4)CA Government Code § 82004.5(c)(4) A payment made principally for charitable purposes.
(5)CA Government Code § 82004.5(c)(5) A payment made principally for legislative or governmental purposes by a person other than a state, local, or federal governmental agency.

Section § 82005

Explanation

A "business entity" refers to any for-profit organization or company. This can include various forms like a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, or association.

“Business entity” means any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association.

Section § 82006

Explanation

A "campaign statement" is a detailed report that uses a specific form set by the Commission. It includes all the necessary information outlined in Chapter 4 of the title.

“Campaign statement” means an itemized report which is prepared on a form prescribed by the Commission and which provides the information required by Chapter 4 of this title.

Section § 82006

Explanation

A "campaign statement" is a detailed financial report that must be filled out on a specific form or format designated by the Commission. It needs to include all the information that is required by Chapters 4 and 5 of this title.

“Campaign statement” means an itemized report that is prepared on a form or in a manner prescribed by the Commission and that provides the information required by Chapters 4 and 5 of this title.

Section § 82007

Explanation

A "candidate" is someone running for an elected position. This includes anyone listed on a ballot, those eligible for write-in votes, and anyone who accepts contributions or spends money to run for office, even if they haven't declared which office. An elected official, even if they're facing a recall, is also considered a candidate. This status lasts until it's officially ended. However, it doesn't include candidates for federal offices in their federal election pursuits.

(a)CA Government Code § 82007(a) “Candidate” means any of the following:
(1)CA Government Code § 82007(a)(1) Anyone who is listed on a ballot or is qualified to have write-in votes cast on their behalf counted by elections officials for nomination or election to any elective office.
(2)CA Government Code § 82007(a)(2) Anyone who receives a contribution, makes an expenditure, or gives their consent for another person to receive a contribution or make an expenditure, to bring about the person’s nomination or election to an elective office, even if any of the following apply:
(A)CA Government Code § 82007(a)(2)(A) The specific elective office for which the person will seek nomination or election is unknown at the time the contribution is received or the expenditure is made.
(B)CA Government Code § 82007(a)(2)(B) The person has not announced the candidacy or filed a declaration of candidacy.
(3)CA Government Code § 82007(a)(3) An elected officer, including any elected officer who is the subject of a recall.
(b)CA Government Code § 82007(b) Anyone who becomes a candidate retains candidate status until that status is terminated under Section 84214.
(c)CA Government Code § 82007(c) “Candidate” does not include any candidate, as defined in Section 30101(2) of Title 52 of the United States Code, for federal office, as to the person’s activities related to seeking nomination or election to that federal office.

Section § 82008

Explanation

This law defines the term "City" as referring to either a general law city or a chartered city.

“City” means a general law or a chartered city.

Section § 82009.5

Explanation

This section defines the term “Clerk” as the city or county clerk, but it might refer to another agency if the city council or board of supervisors has designated that agency to perform the clerk’s duties.

“Clerk” refers to the city or county clerk unless the city council or board of supervisors has designated any other agency to perform the specified function.

Section § 82010

Explanation

The term "closing date" refers to the final day up to which information must be included in any report or statement that needs to be filed as required by this law.

“Closing date” means the date through which any report or statement filed under this title is required to be complete.

Section § 82011

Explanation

This statute explains who is responsible for overseeing conflict of interest codes in various governmental bodies in California. A 'code reviewing body' is the entity assigned to review such codes. The commission handles state agencies and local governments spanning multiple counties, except for judicial agencies. The board of supervisors oversees county agencies and local ones entirely within a county. City councils review codes for city agencies, while the Attorney General focuses on the commission's conflict of interest code. The Chief Justice of California or their designee checks codes for high-level judicial bodies, while the Board of Trustees of the State Bar oversees its own code. Courts' presiding judges handle codes for judicial agencies under their supervision, and the Judicial Council reviews codes for any other state judicial agency not covered by earlier categories.

“Code reviewing body” means all of the following:
(a)CA Government Code § 82011(a) The commission, with respect to the conflict of interest code of a state agency other than an agency in the judicial branch of government, or any local government agency with jurisdiction in more than one county.
(b)CA Government Code § 82011(b) The board of supervisors, with respect to the conflict of interest code of any county agency other than the board of supervisors, or any agency of the judicial branch of government, and of any local government agency, other than a city agency, with jurisdiction wholly within the county.
(c)CA Government Code § 82011(c) The city council, with respect to the conflict of interest code of any city agency other than the city council.
(d)CA Government Code § 82011(d) The Attorney General, with respect to the conflict of interest code of the commission.
(e)CA Government Code § 82011(e) The Chief Justice of California or the Chief Justice’s designee, with respect to the conflict of interest code of the members of the Judicial Council, Commission on Judicial Performance, and Board of Trustees of the State Bar of California.
(f)CA Government Code § 82011(f) The Board of Trustees of the State Bar of California with respect to the conflict of interest code of the State Bar of California.
(g)CA Government Code § 82011(g) The Chief Justice of California, the administrative presiding judges of the courts of appeal, and the presiding judges of superior courts, or their designees, with respect to the conflict of interest code of any agency of the judicial branch of government subject to the immediate administrative supervision of that court.
(h)CA Government Code § 82011(h) The Judicial Council of California, with respect to the conflict of interest code of any state agency within the judicial branch of government not included under subdivisions (e), (f), and (g).

Section § 82012

Explanation

This law section defines the term "Commission" as referring specifically to the Fair Political Practices Commission.

“Commission” means the Fair Political Practices Commission.

Section § 82013

Explanation

This law defines what qualifies as a "committee" in terms of campaign finance. Any person or group is considered a committee if, in a calendar year, they receive contributions of $2,000 or more, make independent expenditures of $1,000 or more, or contribute $10,000 or more to candidates or other committees. Once someone is classified as a committee, they stay that way until official termination under another law section.

“Committee” means any person or combination of persons who directly or indirectly does any of the following:
(a)CA Government Code § 82013(a) Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year.
(b)CA Government Code § 82013(b) Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or
(c)CA Government Code § 82013(c) Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees.
A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214.

Section § 82014

Explanation

This section defines a 'Conflict of Interest Code' as a collection of rules and guidelines that an agency adopts. These are created to address and manage potential conflicts of interest in accordance with Chapter 7 of the governmental title.

“Conflict of Interest Code” means a set of rules and regulations adopted by an agency pursuant to Chapter 7 of this title.

Section § 82015

Explanation

This law explains what counts as a 'contribution' when it comes to political campaigns. A contribution can be money, forgiving a loan, or anything of value given to support a candidate or cause, unless it’s for something else entirely. It includes buying tickets for political events, discounts not generally offered, transferring items between committees, public money spent on certain political communications, and payments related to fundraising events at a lobbyist's home or office.

Conversely, it doesn’t count as a contribution if it's for previous enforceable promises already reported, if homeowners cover small amounts for events at their place, if people volunteer or cover their own travel, or certain types of payments known as 'behested payments'.

(a)CA Government Code § 82015(a) “Contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received or if it is clear from the surrounding circumstances that the payment is not made for political purposes.
(b)CA Government Code § 82015(b) “Contribution” includes all of the following:
(1)CA Government Code § 82015(b)(1) The purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the candidate’s own money or property used on behalf of the candidate’s candidacy, other than personal funds of the candidate used to pay either a filing fee for a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if the services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration.
(2)CA Government Code § 82015(b)(2) The transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.
(3)CA Government Code § 82015(b)(3) The payment of public moneys by a state or local governmental agency for a communication to the public that satisfies both of the following:
(A)CA Government Code § 82015(b)(3)(A) The communication expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or, taken as a whole and in context, unambiguously urges a particular result in an election.
(B)CA Government Code § 82015(b)(3)(B) The communication is made at the behest of the affected candidate or committee.
(4)CA Government Code § 82015(b)(4) A payment made by a person to a multipurpose organization as defined and described in Section 84222.
(5)Copy CA Government Code § 82015(b)(5)
(A)Copy CA Government Code § 82015(b)(5)(A)   A payment made by a lobbyist or a cohabitant of a lobbyist for costs related to a fundraising event held at the home of the lobbyist, including the value of the use of the home as a fundraising event venue. A payment described in this paragraph is attributable to the lobbyist for purposes of Section 85702.
(B)CA Government Code § 82015(b)(5)(A)(B) A payment made by a lobbying firm for costs related to a fundraising event held at the office of the lobbying firm, including the value of the use of the office as a fundraising event venue.
(c)CA Government Code § 82015(c) “Contribution” does not include any of the following:
(1)CA Government Code § 82015(c)(1) Amounts received pursuant to an enforceable promise to the extent those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement.
(2)CA Government Code § 82015(c)(2) Except as provided in paragraph (5) of subdivision (b), a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant’s home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less.
(3)CA Government Code § 82015(c)(3) Volunteer personal services or payments made by any individual for the individual’s own travel expenses if the payments are made voluntarily without any understanding or agreement that they will be, directly or indirectly, repaid to the individual.
(4)CA Government Code § 82015(c)(4) A behested payment, as defined in Section 82004.5, but only as to the behesting committee, elected officer, or member of the Public Utilities Commission.

Section § 82015.5

Explanation

This law explains how to determine when financial contributions from entities are combined or 'aggregated' for reporting purposes. An 'entity' here means any group or organization that isn't a single person, and 'majority owned' means someone owns more than half of it.

If a person directs or controls contributions from an entity, those contributions are counted together with contributions from other entities or individuals that the same person also controls.

Additionally, if multiple entities' contributions are managed by the same group of people, these contributions are considered as one. Also, if a person owns more than half of several entities, all contributions from these entities are grouped together, unless they operate independently in their donation decisions.

(a)CA Government Code § 82015.5(a) To determine when contributions are aggregated under this title, “entity” means any person other than an individual, and “majority owned” means ownership of more than 50 percent.
(b)CA Government Code § 82015.5(b) If an individual directs or controls an entity’s contributions, the entity’s contributions shall be aggregated with contributions made by both of the following:
(1)CA Government Code § 82015.5(b)(1) That individual.
(2)CA Government Code § 82015.5(b)(2) Any other entity whose contributions that individual directs or controls.
(c)CA Government Code § 82015.5(c) If two or more entities make contributions that are directed or controlled by a majority of the same persons, the contributions of those entities shall be aggregated.
(d)CA Government Code § 82015.5(d) Contributions made by entities that are majority owned by a person shall be aggregated with the contributions of the majority owner and all other entities majority owned by that person, unless those entities act independently in their contribution-making decisions.

Section § 82016

Explanation

This section defines a “controlled committee” as a group that a candidate or state measure supporter either directly or indirectly influences, or works with jointly, to spend money on their behalf. If the candidate, their agent, or any other committee they control has a strong impact on the committee's decisions, it falls under this category.

However, political party committees are specifically excluded from being categorized as controlled committees.

(a)CA Government Code § 82016(a) “Controlled committee” means a committee that is controlled directly or indirectly by a candidate or state measure proponent or that acts jointly with a candidate, controlled committee, or state measure proponent in connection with the making of expenditures. A candidate or state measure proponent controls a committee if the candidate or state measure proponent, the candidate or state measure proponent’s agent, or any other committee the candidate or state measure proponent controls has a significant influence on the actions or decisions of the committee.
(b)CA Government Code § 82016(b) Notwithstanding subdivision (a), a political party committee, as defined in Section 85205, is not a controlled committee.

Section § 82017

Explanation

This section defines the term "county" to also include a combined city and county.

“County” includes a city and county.

Section § 82018

Explanation

This section defines "cumulative amount" as the total contributions received or expenses made in a year unless specified otherwise. If you're filing a campaign statement or expenditure report in one year for an election the following year, the calculation period ends with the first semiannual statement filed after the election. For a measure qualification that lasts two years, it ends on December 31 of the second year. For modified periods, the new calculation period starts the day after the statement's closing date.

(a)CA Government Code § 82018(a) Except as provided in subdivisions (b), (c), and (d), “cumulative amount” means the amount of contributions received or expenditures made in the calendar year.
(b)CA Government Code § 82018(b) For a filer required to file a campaign statement or independent expenditure report in one year in connection with an election to be held in another year, the period over which the cumulative amount is calculated shall end on the closing date of the first semiannual statement filed after the election.
(c)CA Government Code § 82018(c) For a filer required to file a campaign statement in connection with the qualification of a measure which extends into two calendar years, the period over which the cumulative amount is calculated shall end on December 31 of the second calendar year.
(d)CA Government Code § 82018(d) For a person filing a campaign statement with a period modified by the provisions of this section, the next period over which the cumulative amount is calculated shall begin on the day after the closing date of the statement.

Section § 82019

Explanation

The term "designated employee" refers to certain people working in or with a government agency who hold positions exempt from the standard civil service rules. It includes roles that have the power to affect financial interests, such as those involved in decision-making, contract negotiation, or competitive bidding.

However, it doesn’t include elected state officers, unpaid advisory board members, certain public officials, or federal officers working with state or local agencies. Federal officers must have their financial disclosure reports kept on file by the agency.

(a)CA Government Code § 82019(a) “Designated employee” means any officer, employee, member, or consultant of any agency whose position with the agency:
(1)CA Government Code § 82019(a)(1) Is exempt from the state civil service system by virtue of subdivision (a), (c), (d), (e), (f), (g), or (m) of Section 4 of Article VII of the Constitution, unless the position is elective or solely secretarial, clerical, or manual.
(2)CA Government Code § 82019(a)(2) Is elective, other than an elective state office.
(3)CA Government Code § 82019(a)(3) Is designated in a Conflict of Interest Code because the position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest.
(4)CA Government Code § 82019(a)(4) Is involved as a state employee at other than a clerical or ministerial level in the functions of negotiating or signing any contract awarded through competitive bidding, in making decisions in conjunction with the competitive bidding process, or in negotiating, signing, or making decisions on contracts executed pursuant to Section 10122 of the Public Contract Code.
(b)Copy CA Government Code § 82019(b)
(1)Copy CA Government Code § 82019(b)(1) “Designated employee” does not include an elected state officer, any unsalaried member of any board or commission which serves a solely advisory function, any public official specified in Section 87200, and also does not include any unsalaried member of a nonregulatory committee, section, commission, or other such entity of the State Bar of California.
(2)CA Government Code § 82019(b)(2) “Designated employee” does not include a federal officer or employee serving in an official federal capacity on a state or local government agency. The state or local government agency shall annually obtain, and maintain in its files for public inspection, a copy of any public financial disclosure report filed by the federal officer or employee pursuant to federal law.

Section § 82020

Explanation

This law defines an 'elected officer' as someone who either currently holds an elective office or has won an election for such an office but hasn't officially started the role yet. It also includes anyone appointed to fill an empty elective position.

“Elected officer” means any person who holds an elective office or has been elected to an elective office but has not yet taken office. A person who is appointed to fill a vacant elective office is an elected officer.

Section § 82021

Explanation

An 'elected state officer' in California is anyone who either holds a state office after an election or was elected to a state office but hasn't started serving yet. This also includes someone who is appointed to fill an empty elected state position.

“Elected state officer” means any person who holds an elective state office or has been elected to an elective state office but has not yet taken office. A person who is appointed to fill a vacant elective state office is an elected state officer.

Section § 82022

Explanation

This law defines what is considered an "election" in California. It includes primary, general, special, or recall elections. Additionally, primary and general or special elections are considered separate events for legal purposes.

“Election” means any primary, general, special or recall election held in this state. The primary and general or special elections are separate elections for purposes of this title.

Section § 82022.5

Explanation

This section describes what activities are considered "election-related" for candidate-based elections. It includes actions like advocating for or against a candidate, discussing a candidate's campaign or qualifications, asking for campaign donations, and organizing communications that support or oppose a candidate.

Other activities include coordinating campaign volunteers, managing campaign budgets, filing financial disclosure statements, and any voter communications that advocate for or against a candidate.

“Election-related activities” include, but are not limited to, the following with respect to candidate-based elections:
(a)CA Government Code § 82022.5(a) Communications that contain express advocacy of the nomination or election of a candidate or the defeat of a candidate’s opponent.
(b)CA Government Code § 82022.5(b) Communications that contain reference to a candidate’s candidacy for elective office, the candidate’s election campaign, or the candidate’s or the candidate’s opponent’s qualifications for elective office.
(c)CA Government Code § 82022.5(c) Solicitation of contributions to the candidate or to third persons for use in support of the candidate or in opposition to the candidate’s opponent.
(d)CA Government Code § 82022.5(d) Arranging, coordinating, developing, writing, distributing, preparing, or planning of any communication or activity described in subdivisions (a) to (c), inclusive.
(e)CA Government Code § 82022.5(e) Recruiting or coordinating campaign activities of campaign volunteers on behalf of the candidate.
(f)CA Government Code § 82022.5(f) Preparing campaign budgets.
(g)CA Government Code § 82022.5(g) Preparing campaign finance disclosure statements.
(h)CA Government Code § 82022.5(h) Communications directed to voters or potential voters as part of activities encouraging or assisting persons to vote if the communication contains express advocacy of the nomination or election of the candidate or the defeat of the candidate’s opponent.

Section § 82023

Explanation

In this context, "elective office" refers to any official position at various levels of government, such as state or city, that is decided by a vote. It also covers positions on the leadership committee of a recognized political party in a county and elected roles on the boards managing the Public Employees' Retirement System or the Teachers' Retirement Board.

“Elective office” means any state, regional, county, municipal, district or judicial office that is filled at an election. “Elective office” also includes membership on a county central committee of a qualified political party, and membership through election on the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board.

Section § 82024

Explanation

This law defines what is considered an 'elective state office' in California. It includes high-level government positions such as the Governor, Lieutenant Governor, and Attorney General, among others. It also covers roles on important state boards like the Public Employees’ Retirement System and Teachers’ Retirement Board.

“Elective state office” means the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, Member of the Legislature, member elected to the Board of Administration of the Public Employees’ Retirement System, member elected to the Teachers’ Retirement Board, and member of the State Board of Equalization.

Section § 82025

Explanation

This law defines "expenditure" in the context of political activities. It includes payments, loan forgiveness, or promises to pay, made for political purposes. Expenditures don't cover a candidate's personal funds spent on filing fees or candidate statements. Payments made to influence voter actions or by political committees are considered expenditures.

An expenditure also includes payments for communications that clearly support or oppose a candidate or ballot measure. If a communication explicitly urges people to vote a certain way and references a candidate or measure, it's an expenditure. Costs directly linked to these communications, like production or distribution, are part of the expenditure. However, unpaid internet activity by individuals, or regular news coverage, aren't considered political expenditures unless they incur additional unusual costs.

The purpose is to clearly identify types of political spending and distinguish between what needs to be reported as political activity and what doesn't.

(a)CA Government Code § 82025(a) “Expenditure” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes. “Expenditure” does not include a candidate’s use of the candidate’s own money to pay for either a filing fee for a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code. An expenditure is made on the date the payment is made or on the date consideration, if any, is received, whichever is earlier.
(b)CA Government Code § 82025(b) A payment is made for political purposes if it is any of the following:
(1)CA Government Code § 82025(b)(1) For purposes 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.
(2)CA Government Code § 82025(b)(2) Made by any of the following:
(A)CA Government Code § 82025(b)(2)(A) A candidate, unless it is clear from surrounding circumstances that the payment was made for personal purposes unrelated to the candidate’s candidacy or status as an officeholder.
(B)CA Government Code § 82025(b)(2)(B) A controlled committee.
(C)CA Government Code § 82025(b)(2)(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.
(D)CA Government Code § 82025(b)(2)(D) An organization formed or existing primarily for political purposes, as described in paragraph (1), including, but not limited to, a political action committee established by any membership organization, labor union, or corporation.
(c)CA Government Code § 82025(c) “Expenditure” includes any monetary or nonmonetary payment made by any person, other than the persons or organizations described in subdivision (b), that is used for communications that expressly advocate the nomination, election, or defeat of a clearly identified candidate or candidates, or the qualification, passage, or defeat of a clearly identified ballot measure.
(1)CA Government Code § 82025(c)(1) “Clearly identified” is defined as follows:
(A)CA Government Code § 82025(c)(1)(A) A candidate is clearly identified if the communication states the candidate’s name, makes unambiguous reference to the candidate’s office or status as a candidate, or unambiguously describes the candidate in any manner.
(B)CA Government Code § 82025(c)(1)(B) A group of candidates is clearly identified if the communication makes unambiguous reference to some well-defined characteristic of the group, even if the communication does not name each candidate. A communication that clearly identifies a group of candidates and expressly advocates their election or defeat is reportable as an expenditure, but the expenditure need not be allocated among all members of the class or group on the campaign statement reporting the expenditure.
(C)CA Government Code § 82025(c)(1)(C) A measure that has qualified to be placed on the ballot is clearly identified if the communication states a proposition number, official title, or popular name associated with the measure. In addition, the measure is clearly identified if the communication refers to the subject matter of the measure and either states that the measure is before the people for a vote or, taken as a whole and in context, unambiguously refers to the measure.
(D)CA Government Code § 82025(c)(1)(D) A measure that has not qualified to be placed on the ballot is clearly identified if the communication refers to the subject matter of the measure and the qualification drive.
(2)CA Government Code § 82025(c)(2) A communication “expressly advocates” the nomination, election, or defeat of a candidate or the qualification, passage, or defeat of a measure if it contains express words of advocacy such as “vote for,” “elect,” “support,” “cast your ballot,” “vote against,” “defeat,” “reject,” “sign petitions for,” or, within 60 days before an election in which the candidate or measure appears on the ballot, the communication otherwise refers to a clearly identified candidate or measure so that the communication, taken as a whole, unambiguously urges a particular result in an election.
(A)CA Government Code § 82025(c)(2)(A) Except for those communications paid for with public moneys by a state or local government agency, a communication, taken as a whole, unambiguously urges a particular result in an election if it is not susceptible of any reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure. A communication is not susceptible of any reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure when, taken as a whole, it could only be interpreted by a reasonable person as containing an appeal to vote for or against a specific candidate or measure because of both of the following:
(i)CA Government Code § 82025(c)(2)(A)(i) The electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning.
(ii)CA Government Code § 82025(c)(2)(A)(ii) Reasonable minds could not differ as to whether it encourages a vote for or against a clearly identified candidate or measure, or encourages some other kind of action on a legislative, executive, or judicial matter or issue.
(B)CA Government Code § 82025(c)(2)(B) The following nonexhaustive examples, referring to candidates or measures on the ballot in an upcoming election, illustrate statements that in most contexts would not be susceptible of any reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure: “Smith’s the One”; “No Measure A”; “Rally ‘round O’Malley”; “Create jobs with Measure X”; “Only Nancy Brown can clean out City Hall”; “Proposition 123 - your last chance to save California”; “Joe Green will earn your trust”; “Bob Boone is unqualified for office and a special-interest puppet”; “Shirley Hall - bad for California, bad for you.”
(C)CA Government Code § 82025(c)(2)(C) The following nonexhaustive examples, referring to candidates or measures on the ballot in an upcoming election, illustrate statements that would be susceptible of a reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure: “Assembly Member Nancy Brown needs to be tough on criminals. Call her and tell her to stand firm on AB 100”; “Poor children need a home too. Support the Mayor’s stance against more budget cuts”; “Thank you, Supervisor Smith, for continuing to support our farmers.”
(D)CA Government Code § 82025(c)(2)(D) Safe Harbor. A communication does not expressly advocate the nomination, election, or defeat of a candidate, or the qualification, passage, or defeat of a measure, within the meaning of this section, if both of the following apply:
(i)CA Government Code § 82025(c)(2)(D)(i) The communication does not mention an election, candidacy, political party unless required by law, opposing candidate, or voting by the general public, and it does not take a position on the character, qualifications, or fitness for office of a candidate or officeholder, or the merits of a ballot measure.
(ii)CA Government Code § 82025(c)(2)(D)(ii) The communication focuses on a legislative, executive, or judicial matter or issue, either urging a candidate to take a particular position or action with respect to the matter or issue, or urging the public to adopt a particular position and to contact the candidate with respect to the matter or issue.
(E)CA Government Code § 82025(c)(2)(E) Rules of Interpretation. If a communication does not qualify for the safe harbor described in subparagraph (D), the commission shall consider if the communication has an interpretation other than as an appeal to vote for or against a clearly identified candidate or measure, in order to determine if, on balance, the communication is not susceptible of any reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate or measure.
(3)CA Government Code § 82025(c)(3) Reporting Expenditures.
(A)CA Government Code § 82025(c)(3)(A) The amount of an expenditure reportable pursuant to this subdivision shall include all costs directly attributable to the communication, including, but not limited to, salaries, production, postage, space or time purchased, agency fees, printing, and any additional administrative or overhead costs attributable to the communication. The expenditure does not include any of the regular ongoing business overhead that will be incurred in similar amounts regardless of the communication.
(B)CA Government Code § 82025(c)(3)(B) When a printed or broadcast communication circulates outside the state, the expenditure may be calculated on the basis of the fraction of the total cost attributable to circulation within the state.
(C)CA Government Code § 82025(c)(3)(C) Costs directly traceable to the communication are reportable when the communication is made, or when payments are made in connection with the development, production, or dissemination of the communication, whichever occurs first.
(D)CA Government Code § 82025(c)(3)(D) The costs of printing and distributing petitions, recruiting, training, and paying expenses of petition circulators, and other costs incurred in connection with the qualification of a measure are reportable expenditures.
(4)CA Government Code § 82025(c)(4) Except for those communications paid for with public moneys by a state or local government agency, notwithstanding this subdivision, “expenditure” does not include costs incurred for communications that expressly advocate the nomination, election, or defeat of a clearly identified candidate or candidates, or the qualification, passage, or defeat of a clearly identified measure or measures by either of the following:
(A)CA Government Code § 82025(c)(4)(A) A broadcasting station, including a cable or satellite television operation, programmer, or producer, internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, for the cost of covering or carrying a news story, commentary, or editorial.
(B)CA Government Code § 82025(c)(4)(B) A regularly published newsletter or regularly published periodical, other than those specified in subparagraph (A), whose circulation is limited to an organization’s members, employees, shareholders, other affiliated individuals, and those who request or purchase the publication. This subparagraph applies only to the costs regularly incurred in publishing the newsletter or periodical. If additional costs are incurred because the newsletter or periodical is issued on other than its regular schedule, expanded in circulation, or substantially altered in style, size, or format, the additional costs are expenditures.
(5)CA Government Code § 82025(c)(5) The term “expenditure” also does not include uncompensated internet activity by an individual supporting or opposing a candidate or measure as stated in Section 18215.2 of Title 2 of the California Code of Regulations.
(d)CA Government Code § 82025(d) A payment used to make contributions, as defined in Section 82015, is an expenditure.

Section § 82025.3

Explanation

This section defines an "external manager" as someone either seeking or retained to manage a portfolio of assets for a California state public retirement system, or as an individual managing an investment fund who has sold or is selling ownership interests to such systems. The terms "investment fund" and "investment vehicle" refer to their respective definitions found in two separate sections of California law.

(a)CA Government Code § 82025.3(a) “External manager” means either of the following:
(1)CA Government Code § 82025.3(a)(1) A person who is seeking to be, or is, retained by a state public retirement system in California or an investment vehicle to manage a portfolio of securities or other assets for compensation.
(2)CA Government Code § 82025.3(a)(2) A person who manages an investment fund and who offers or sells, or has offered or sold, an ownership interest in the investment fund to a state public retirement system in California or an investment vehicle.
(b)CA Government Code § 82025.3(b) For purposes of this section, “investment fund” has the same meaning as set forth in Section 7513.8.
(c)CA Government Code § 82025.3(c) For purposes of this section, “investment vehicle” has the same meaning as set forth in Section 82047.3.

Section § 82025.5

Explanation

This law explains that when reporting the value of goods, services, facilities, or anything of value that's not money, you must use the estimated fair market value. This means you should basically report what anyone else would expect those items to be worth in the open market. If you need to list these as part of a report, include both their value and a description. "Full and adequate consideration" in this context is simply another way of referring to the fair market value.

“Fair market value” means the estimated fair market value of goods, services, facilities or anything of value other than money. Whenever the amount of goods, services, facilities, or anything of value other than money is required to be reported under this title, the amount reported shall be the fair market value, and a description of the goods, services, facilities, or other thing of value shall be appended to the report or statement. “Full and adequate consideration” as used in this title means fair market value.

Section § 82026

Explanation

This law defines a "filer" as anyone who submits or is obligated to submit a statement or report as specified under this title.

“Filer” means the person filing or required to file any statement or report under this title.

Section § 82027

Explanation

This law defines a "filing officer" as the person or office where you must submit any required statement or report. If these need to be sent to multiple places, the first listed person or office is the primary filing officer, and the copy given to them must be the original, signed version.

“Filing officer” means the office or officer with whom any statement or report is required to be filed under this title. If copies of a statement or report are required to be filed with more than one office or officer, the one first named is the filing officer, and the copy filed with that officer shall be signed in the original and shall be deemed the original copy.

Section § 82027.5

Explanation

This law section defines what a 'general purpose committee' is in a political context. It includes committees meant to support or oppose multiple candidates or ballot measures. It specifies different types of general purpose committees based on their focus area: State general purpose committees operate at the state level or across multiple counties, County general purpose committees focus on a single county, and City general purpose committees focus on a single city.

(a)CA Government Code § 82027.5(a) “General purpose committee” means all committees pursuant to subdivision (b) or (c) of Section 82013, and any committee pursuant to subdivision (a) of Section 82013 which is formed or exists primarily to support or oppose more than one candidate or ballot measure, except as provided in Section 82047.5.
(b)CA Government Code § 82027.5(b) A “state general purpose committee” is a political party committee, as defined in Section 85205, or a committee to support or oppose candidates or measures voted on in a state election, or in more than one county.
(c)CA Government Code § 82027.5(c) A “county general purpose committee” is a committee to support or oppose candidates or measures voted on in only one county, or in more than one jurisdiction within one county.
(d)CA Government Code § 82027.5(d) A “city general purpose committee” is a committee to support or oppose candidates or measures voted on in only one city.

Section § 82028

Explanation

This law defines a "gift" as any payment providing a personal benefit without equal or greater compensation, except for a few exceptions. These exceptions include informational materials like books and reports, gifts returned or given to a charity within 30 days, family gifts unless acting as an intermediary, campaign contributions that are reported, inheritances, and small personalized trophies or plaques valued under $250.

(a)CA Government Code § 82028(a) “Gift” means, except as provided in subdivision (b), any payment that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value.
(b)CA Government Code § 82028(b) The term “gift” does not include:
(1)CA Government Code § 82028(b)(1) Informational material such as books, reports, pamphlets, calendars, or periodicals. No payment for travel or reimbursement for any expenses shall be deemed “informational material.”
(2)CA Government Code § 82028(b)(2) Gifts which are not used and which, within 30 days after receipt, are either returned to the donor or delivered to a nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code without being claimed as a charitable contribution for tax purposes.
(3)CA Government Code § 82028(b)(3) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered by this paragraph.
(4)CA Government Code § 82028(b)(4) Campaign contributions required to be reported under Chapter 4 of this title.
(5)CA Government Code § 82028(b)(5) Any devise or inheritance.
(6)CA Government Code § 82028(b)(6) Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250).

Section § 82029

Explanation

This law defines what 'immediate family' means, specifically referring to a person's spouse and any dependent children.

“Immediate family” means the spouse and dependent children.

Section § 82030

Explanation

This law defines what counts as 'income' for reporting purposes, including salaries, wages, loans, gifts, and a portion of any business or trust income if someone owns a significant stake. It specifies exceptions where 'income' does not apply, like campaign contributions, government benefits, inheritances, interest from bank accounts, stock dividends, alimony, certain family loans, and retirement plan payments.

Payments from nonprofits and standard loans that are available to the public also are not considered income under this rule. Exceptions include proceeds from selling securities or commodities if no buyer details are known.

(a)CA Government Code § 82030(a) “Income” means, except as provided in subdivision (b), a payment received, including, but not limited to, any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly, or beneficially, a 10-percent interest or greater. “Income,” other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title.
(b)CA Government Code § 82030(b) “Income” also does not include:
(1)CA Government Code § 82030(b)(1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100).
(2)CA Government Code § 82030(b)(2) Salary and reimbursement for expenses or per diem, and social security, disability, or other similar benefit payments received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
(3)CA Government Code § 82030(b)(3) Any devise or inheritance.
(4)CA Government Code § 82030(b)(4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency.
(5)CA Government Code § 82030(b)(5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States government or a commodity future registered with the Commodity Futures Trading Commission of the United States government, except proceeds from the sale of these securities and commodities futures.
(6)CA Government Code § 82030(b)(6) Redemption of a mutual fund.
(7)CA Government Code § 82030(b)(7) Alimony or child support payments.
(8)CA Government Code § 82030(b)(8) Any loan or loans from a commercial lending institution which are made in the lender’s regular course of business on terms available to members of the public without regard to official status.
(9)CA Government Code § 82030(b)(9) Any loan from or payments received on a loan made to an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan or loan payment received from any such person shall be considered income if that person is acting as an agent or intermediary for any person not covered by this paragraph.
(10)CA Government Code § 82030(b)(10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender’s regular course of business on terms available to members of the public without regard to official status.
(11)CA Government Code § 82030(b)(11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a).
(12)CA Government Code § 82030(b)(12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser.

Section § 82030.5

Explanation

This law defines what counts as 'earned income' for some legal purposes. Basically, it includes money you get from work, like wages, salaries, and professional fees.

But it doesn't count money you earn from investments or sales, payments to certain retirement plans for state officers, or the portion of a spouse's income that's considered community property.

(a)CA Government Code § 82030.5(a) For purposes of this title, “earned income” means, except as provided in subdivision (b), income from wages, salaries, professional fees, and other amounts received or promised to be received as compensation for personal services rendered.
(b)CA Government Code § 82030.5(b) Income which is not “earned income” includes, but is not limited to, the following:
(1)CA Government Code § 82030.5(b)(1) Any income derived from stocks, bonds, property, or other investments, or from retail or wholesale sales.
(2)CA Government Code § 82030.5(b)(2) Any amount paid by, or on behalf of, an elected state officer to a tax-qualified pension, profit sharing, or stock bonus plan and received by the elected state officer from the plan.
(3)CA Government Code § 82030.5(b)(3) The community property interest in the income of a spouse.

Section § 82031

Explanation

An "independent expenditure" refers to any spending by a person or government agency on communications that explicitly support or oppose a clearly identified candidate or measure in an election. However, this spending cannot be made with the candidate’s or committee’s involvement or direction.

“Independent expenditure” means an expenditure made by any person, including a payment of public moneys by a state or local governmental agency, in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee.

Section § 82032

Explanation

This section defines what it means to influence legislative or administrative actions. It includes taking steps to promote, support, change, oppose, or delay such actions through various methods such as providing information, statistics, studies, or analyses.

“Influencing legislative or administrative action” means promoting, supporting, influencing, modifying, opposing or delaying any legislative or administrative action by any means, including but not limited to the provision or use of information, statistics, studies or analyses.

Section § 82033

Explanation

This law defines what qualifies as an "interest in real property" for public officials and certain other individuals. It includes things like leases, ownership, or options to own real estate within their jurisdiction. These interests can be held directly or through family members or other business entities. The fair market value of such an interest must be at least $2,000. If an individual or their family owns 10% or more of a business or trust, their share of that entity's real estate counts as part of their interest.

“Interest in real property” includes any leasehold, beneficial or ownership interest, or an option to acquire such an interest in real property located in the jurisdiction owned directly, indirectly, or beneficially by the public official, or other filer, or that person’s immediate family if the fair market value of the interest is two thousand dollars ($2,000) or more. Interests in real property of an individual includes a pro rata share of interests in real property of any business entity or trust in which the individual or immediate family owns, directly, indirectly, or beneficially, a 10-percent interest or greater.

Section § 82034

Explanation

This law defines what counts as an 'investment' for public officials and other filers. It includes financial interests like stocks, bonds, and other securities if they belong to the individual, their immediate family, or if the business has property or does business locally. The investment needs to be worth at least $2,000 to be counted. Exceptions include some bank deposits, insurance policies, government bonds, and pension plans. If someone owns 10% or more of a business, they're considered to have a share in its investments. 'Related business entity' details are set by commission rules.

“Investment” means any financial interest in or security issued by a business entity, including, but not limited to, common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership or other ownership interest owned directly, indirectly, or beneficially by the public official, or other filer, or that person’s immediate family, if the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, or does business or plans to do business in the jurisdiction, or has done business within the jurisdiction at any time during the two years prior to the time any statement or other action is required under this title. An asset shall not be deemed an investment unless its fair market value equals or exceeds two thousand dollars ($2,000). The term “investment” does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, interest in a diversified mutual fund registered with the Securities and Exchange Commission under the Investment Company Act of 1940 or in a common trust fund created pursuant to Section 1564 of the Financial Code, interest in a government defined-benefit pension plan, or any bond or other debt instrument issued by any government or government agency. Investments of an individual includes a pro rata share of investments of any business entity, mutual fund, or trust in which the individual or immediate family owns, directly, indirectly, or beneficially, a 10-percent interest or greater. The term “parent, subsidiary or otherwise related business entity” shall be specifically defined by regulations of the commission.

Section § 82035

Explanation

This law defines what 'jurisdiction' means in the context of state and local government agencies. For a state agency, it refers to the entire state. For a local government agency, it refers to the specific geographical area like a region, county, city, or district where the agency operates. Additionally, real estate is considered to be within the jurisdiction of a local agency if it is located within or up to two miles outside the agency's boundaries or within two miles of land owned or used by the agency.

“Jurisdiction” means the state with respect to a state agency and, with respect to a local government agency, the region, county, city, district or other geographical area in which it has jurisdiction. Real property shall be deemed to be “within the jurisdiction” with respect to a local government agency if the property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.

Section § 82035.5

Explanation

This law section defines a 'LAFCO proposal' as both a proposal and a proceeding under specific sections of the law related to local agency formation. It points to other sections (56069 and 56067) for more detailed definitions.

“LAFCO proposal” means a proposal, as defined in Section 56069, including a proceeding, as defined by Section 56067.

Section § 82036

Explanation

"Late contribution" refers to any donation or loan of $1,000 or more given to or received by a candidate, political committee, or political party within 90 days before an election or on the day of the election itself. For entities like the Public Employees’ Retirement System and the Teachers’ Retirement Board, the election day is when ballots are due. The rule applies to both individual candidates and political party committees involved in state elections.

“Late contribution” means any of the following:
(a)CA Government Code § 82036(a) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots.
(b)CA Government Code § 82036(b) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election.

Section § 82036.5

Explanation

A 'late independent expenditure' is when someone spends $1,000 or more, either supporting or opposing a candidate or measure, happening within 90 days before an election or on the election day itself. For certain retirement boards, the 'election day' refers to when the ballots must be returned.

“Late independent expenditure” means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots.

Section § 82037

Explanation

Legislative action includes all the steps in the process of making or rejecting a law. This involves introducing, discussing, changing, passing, or rejecting bills, resolutions, amendments, and other legislative matters. Both the legislature and the governor's decisions to approve or veto bills are considered legislative actions.

“Legislative action” means the drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, amendment, report, nomination, or other matter by the Legislature or by either house or any committee, subcommittee, joint or select committee thereof, or by a Member or employee of the Legislature acting in that person’s official capacity. “Legislative action” also means the action of the Governor in approving or vetoing any bill.

Section § 82038

Explanation

This section defines a "legislative official" as anyone working for the Legislature who has responsibilities beyond basic office tasks like secretarial, clerical, or manual labor.

“Legislative official” means any employee or consultant of the Legislature whose duties are not solely secretarial, clerical or manual.

Section § 82038.3

Explanation

In California, a 'lobbying coalition' is a group of at least 10 people mainly formed to influence laws or administrative decisions. They pay into the group to cover costs for hiring a lobbyist or lobbying firm. These groups must submit similar statements and reports as organizations that employ lobbyists.

However, organizations like trade unions or membership groups aren't considered lobbying coalitions if they do more than just lobbying. Additionally, just paying into a lobbying coalition doesn't make someone a lobbyist firm or employer.

(a)CA Government Code § 82038.3(a) “Lobbying coalition” means a group of 10 or more persons formed primarily to influence legislative or administrative action, whose members make payments to the coalition for sharing the expenses of employing a lobbyist or contracting for the services of a lobbying firm.
(b)CA Government Code § 82038.3(b) For purposes of Sections 86115 and 86116, a lobbying coalition shall file the same statements and reports as a lobbyist employer.
(c)CA Government Code § 82038.3(c) A bona fide federation, confederation, or trade, labor, or membership organization is not a lobbying coalition if it is ongoing in nature and its membership services are not limited to influencing legislative or administrative action.
(d)CA Government Code § 82038.3(d) A person making payments to a lobbying coalition does not qualify as a lobbying firm or lobbyist employer as a result of those payments.

Section § 82038.5

Explanation

A 'lobbying firm' in California is any business, including individual lobbyists, that gets paid to influence government decisions. They can become a lobbying firm if they are paid to sway legislative or administrative actions for someone else, and have at least one lobbyist on staff. Alternatively, if the company is paid to regularly communicate with public officials to influence decisions, it counts too. However, certain activities covered by another section (Section 86300) don't make a business a lobbying firm.

(a)CA Government Code § 82038.5(a) “Lobbying firm” means any business entity, including an individual contract lobbyist, which meets either of the following criteria:
(1)CA Government Code § 82038.5(a)(1) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of influencing legislative or administrative action on behalf of any other person, and any partner, owner, officer, or employee of the business entity is a lobbyist.
(2)CA Government Code § 82038.5(a)(2) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action on behalf of any other person, if a substantial or regular portion of the activities for which the business entity receives compensation is for the purpose of influencing legislative or administrative action.
(b)CA Government Code § 82038.5(b) No business entity is a lobbying firm by reason of activities described in Section 86300.

Section § 82039

Explanation

A "lobbyist" in California is someone who either gets paid $2,000 or more per month to directly communicate with state officials, or whose main job is to influence decisions made by state officials. It also includes certain individuals known as placement agents.

However, someone is not considered a lobbyist if they are doing activities outlined in a specific section (Section 86300). Also, influencing actions before the Public Utilities Commission is a kind of administrative action, unless it's done in a public setting or officially recorded as part of the proceeding.

(a)CA Government Code § 82039(a) “Lobbyist” means either of the following:
(1)CA Government Code § 82039(a)(1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through that individual’s agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action.
(2)CA Government Code § 82039(a)(2) A placement agent, as defined in Section 82047.3.
(b)CA Government Code § 82039(b) An individual is not a lobbyist by reason of activities described in Section 86300.
(c)CA Government Code § 82039(c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding.

Section § 82039.5

Explanation

This section defines a 'lobbyist employer' as anyone who hires lobbyists or contracts with lobbying firms for pay, excluding travel expenses, with the goal of influencing laws or government decisions.

“Lobbyist employer” means any person, other than a lobbying firm, who:
(a)CA Government Code § 82039.5(a) Employs one or more lobbyists for economic consideration, other than reimbursement for reasonable travel expenses, for the purpose of influencing legislative or administrative action, or
(b)CA Government Code § 82039.5(b) Contracts for the services of a lobbying firm for economic consideration, other than reimbursement for reasonable travel expense, for the purpose of influencing legislative or administrative action.

Section § 82041

Explanation

This section defines what is considered a "local government agency" in California. It includes entities like counties, cities, districts, and school districts, as well as any other local or regional political subdivisions. It also covers various divisions within these entities, such as departments, bureaus, or boards.

“Local government agency” means a county, city or district of any kind including school district, or any other local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency of the foregoing.

Section § 82041.3

Explanation

This law section defines the phrase "made at the behest of" as anything done under someone's control or direction, or in collaboration with them. It also includes actions taken at someone's request, suggestion, or with their clear, prior approval.

“Made at the behest of” means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of.

Section § 82041.5

Explanation

This law defines a 'mass mailing' as sending over 200 pieces of almost identical mail. However, it excludes mail sent as a reply to an unsolicited request or inquiry.

“Mass mailing” means over two hundred substantially similar pieces of mail, but does not include a form letter or other mail which is sent in response to an unsolicited request, letter or other inquiry.

Section § 82042

Explanation

This law states that the term "Mayor" not only refers to the mayor of an individual city but also includes the mayor of a combined city and county entity.

“Mayor” of a city includes mayor of a city and county.

Section § 82043

Explanation

The term "measure" refers to any proposal, such as a constitutional amendment or other proposition, that is put forward for a public vote. This can happen through actions taken by a legislative body, or through initiative, referendum, or recall processes, regardless of whether it ends up on the official ballot.

“Measure” means any constitutional amendment or other proposition which is submitted to a popular vote at an election by action of a legislative body, or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum or recall procedure whether or not it qualifies for the ballot.

Section § 82044

Explanation

This law defines the term "payment" broadly. It includes not just money, but also anything valuable like gifts, property, services, or loans, whether they are tangible (physical) or intangible.

“Payment” means a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services or anything else of value, whether tangible or intangible.

Section § 82045

Explanation

This law defines what counts as a "payment to influence legislative or administrative action." It includes any payment made to a lobbyist for their work, support, or expenses. It also covers payments that help or benefit government officials or their families, or payments related to contact with government officials. Additionally, payments that encourage others to communicate with officials are also included.

“Payment to influence legislative or administrative action” means any of the following types of payment:
(a)CA Government Code § 82045(a) Direct or indirect payment to a lobbyist whether for salary, fee, compensation for expenses, or any other purpose, by a person employing or contracting for the services of the lobbyist separately or jointly with other persons;
(b)CA Government Code § 82045(b) Payment in support or assistance of a lobbyist or the lobbyist’s activities, including, but not limited to, the direct payment of expenses incurred at the request or suggestion of the lobbyist;
(c)CA Government Code § 82045(c) Payment which directly or indirectly benefits any elective state official, legislative official, or agency official or a member of the immediate family of any such official;
(d)CA Government Code § 82045(d) Payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee, for or in connection with direct communication with any elective state official, legislative official, or agency official;
(e)CA Government Code § 82045(e) Payment for or in connection with soliciting or urging other persons to enter into direct communication with any elective state official, legislative official, or agency official.

Section § 82046

Explanation

This section explains what the 'period covered' means for reports or statements that need to be filed, except for campaign statements. For most reports, it covers the time from the day after the last required report ended to the end date of the current report. If it's the first time filing that type of report, it starts when the first reportable transaction happened. Everything before this law's current version still needs to follow previous rules.

For campaign statements, the 'period covered' starts the day after the last required campaign statement ended and runs to the current statement's end date. If you haven't filed a campaign statement before, it starts on January 1st.

(a)CA Government Code § 82046(a) “Period covered” by a statement or report required to be filed by this title, other than a campaign statement, means, unless a different period is specified, the period beginning with the day after the closing date of the most recent statement or report which was required to be filed, and ending with the closing date of the statement or report in question. If the person filing the statement or report has not previously filed a statement or report of the same type, the period covered begins on the day on which the first reportable transaction occurred. Nothing in this chapter shall be interpreted to exempt any person from disclosing transactions which occurred prior to the effective date of this title according to the laws then in effect.
(b)CA Government Code § 82046(b) “Period covered” by a campaign statement required to be filed by this title means, unless a different period is specified, the period beginning the day after the closing date of the most recent campaign statement which was required to be filed and ending with the closing date of the statement in question. If a person has not previously filed a campaign statement, the period covered begins on January 1.

Section § 82047

Explanation

This law explains that the term "Person" can refer to many different types of entities. It includes not just individual people, but also businesses like companies, partnerships, corporations, and any groups or organizations working together.

“Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.

Section § 82047.3

Explanation

This law defines a 'placement agent' as someone paid to help find investors for an external manager or investment fund dealing with California's public retirement systems. However, if someone spends a third or more of their time managing investments directly, they're not a placement agent.

If an employee, officer, or director of an external manager meets certain criteria, they're also not considered a placement agent. These criteria include the external manager being registered as an investment adviser or broker-dealer, participating in a competitive bidding process, and agreeing to follow fiduciary standards when managing retirement assets.

(a)CA Government Code § 82047.3(a) “Placement agent” means an individual directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manager or an investment fund managed by an external manager, and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a state public retirement system in California or an investment vehicle either of the following:
(1)CA Government Code § 82047.3(a)(1) In the case of an external manager within the meaning of paragraph (1) of subdivision (a) of Section 82025.3, the investment management services of the external manager.
(2)CA Government Code § 82047.3(a)(2) In the case of an external manager within the meaning of paragraph (2) of subdivision (a) of Section 82025.3, an ownership interest in an investment fund managed by the external manager.
(b)CA Government Code § 82047.3(b) Notwithstanding subdivision (a), an individual who is an employee, officer, director, equityholder, partner, member, or trustee of an external manager and who spends one-third or more of the individual’s time, during a calendar year, managing the securities or assets owned, controlled, invested, or held by the external manager is not a placement agent.
(c)CA Government Code § 82047.3(c) Notwithstanding subdivision (a), an employee, officer, or director of an external manager, or of an affiliate of an external manager, is not a placement agent with respect to an offer or sale of investment management services described in subdivision (a) if all of the following apply:
(1)CA Government Code § 82047.3(c)(1) The external manager is registered as an investment adviser or a broker-dealer with the Securities and Exchange Commission or, if exempt from or not subject to registration with the Securities and Exchange Commission, any appropriate state securities regulator.
(2)CA Government Code § 82047.3(c)(2) The external manager is participating in a competitive bidding process, such as a request for proposals, subject to subdivision (a) of Section 22364 of the Education Code or subdivision (a) of Section 20153 of this code, as applicable, or has been selected through that process, and is providing services pursuant to a contract executed as a result of that competitive bidding process.
(3)CA Government Code § 82047.3(c)(3) The external manager, if selected through a competitive bidding process described in paragraph (2), has agreed to a fiduciary standard of care, as defined by the standards of conduct applicable to the retirement board of a public pension or retirement system and set forth in Section 17 of Article XVI of the California Constitution, when managing a portfolio of assets of a state public retirement system in California.
(d)CA Government Code § 82047.3(d) For purposes of this section, “investment fund” has the same meaning as set forth in Section 7513.8.
(e)CA Government Code § 82047.3(e) For purposes of this section, “investment vehicle” means a corporation, partnership, limited partnership, limited liability company, association, or other entity, either domestic or foreign, managed by an external manager in which a state public retirement system in California is the majority investor and that is organized in order to invest with, or retain the investment management services of, other external managers.

Section § 82047.5

Explanation

A "primarily formed committee" is a group set up mainly to support or oppose either a single candidate, a single measure, a group of specific candidates in the same election area, or multiple measures in the same election area.

“Primarily formed committee” means a committee pursuant to subdivision (a) of Section 82013 which is formed or exists primarily to support or oppose any of the following:
(a)CA Government Code § 82047.5(a) A single candidate.
(b)CA Government Code § 82047.5(b) A single measure.
(c)CA Government Code § 82047.5(c) A group of specific candidates being voted upon in the same city, county, or multicounty election.
(d)CA Government Code § 82047.5(d) Two or more measures being voted upon in the same city, county, multicounty, or state election.

Section § 82047.6

Explanation

This law explains what a "principal officer" of a political committee is. It's the person mainly responsible for making key decisions about the committee's political activities. These include approving messages, authorizing spending, and shaping campaign strategies. If more than one person shares these responsibilities, they are all considered principal officers.

(a)CA Government Code § 82047.6(a) “Principal officer” means the individual primarily responsible for approving the political activities of a committee, including, but not limited to, the following activities:
(1)CA Government Code § 82047.6(a)(1) Authorizing the content of communications made by the committee.
(2)CA Government Code § 82047.6(a)(2) Authorizing expenditures, including contributions, on behalf of the committee.
(3)CA Government Code § 82047.6(a)(3) Determining the committee’s campaign strategy.
(b)CA Government Code § 82047.6(b) If two or more individuals share the primary responsibility for approving the political activities of a committee, each individual is a principal officer.

Section § 82047.7

Explanation

This section defines "proponent of a state ballot measure" as having the same meaning as "proponent" in another part of the law, specifically Section 9001 of the Elections Code. Essentially, it redirects you to look at the definition provided in that other section for clarity.

“Proponent of a state ballot measure” means “proponent” as defined in Section 9001 of the Elections Code.

Section § 82048

Explanation

This law defines who qualifies as a 'public official' within state or local government agencies in California. This term includes members, officers, employees, and consultants of these agencies, and also designated employees and Members of the Board of Trustees of the State Bar of California. However, it specifically excludes judges, court commissioners, members of the Judicial Council, certain members of the Commission on Judicial Performance, and federal officers or employees serving on state or local agencies in an official federal capacity.

(a)Copy CA Government Code § 82048(a)
(1)Copy CA Government Code § 82048(a)(1) “Public official” means every member, officer, employee, or consultant of a state or local government agency.
(2)CA Government Code § 82048(a)(2) Notwithstanding subdivision (e) of Section 6001 of the Business and Professions Code, “public official” includes a designated employee of, and a Member of the Board of Trustees of, the State Bar of California.
(b)CA Government Code § 82048(b) Notwithstanding subdivision (a), “public official” does not include the following:
(1)CA Government Code § 82048(b)(1) A judge or court commissioner in the judicial branch of government.
(2)CA Government Code § 82048(b)(2) A member of the Judicial Council.
(3)CA Government Code § 82048(b)(3) A member of the Commission on Judicial Performance, provided that the member is subject to the provisions of Article 2.5 (commencing with Section 6035) of Chapter 4 of Division 3 of the Business and Professions Code as provided in Section 6038 of that article.
(4)CA Government Code § 82048(b)(4) A federal officer or employee serving in an official federal capacity on a state or local government agency.

Section § 82048.3

Explanation

A "slate mailer" is a type of mass mailing that endorses or opposes at least four different candidates or ballot measures.

“Slate mailer” means a mass mailing which supports or opposes a total of four or more candidates or ballot measures.

Section § 82048.4

Explanation

A "slate mailer organization" is a group or person involved in creating slate mailers, which promote or oppose candidates or measures, and receives at least $500 annually for this activity. However, this term excludes candidates, political committees controlled by candidates, political parties’ official committees, legislative caucus committees, or committees primarily supporting or opposing a specific candidate or measure.

Producing slate mailers is not considered making political contributions or expenditures, meaning these organizations aren’t required to file certain campaign reports unless they engage in additional political financial activities beyond distributing slate mailers.

(a)CA Government Code § 82048.4(a) “Slate mailer organization” means, except as provided in subdivision (b), any person who, directly or indirectly, does all of the following:
(1)CA Government Code § 82048.4(a)(1) Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers.
(2)CA Government Code § 82048.4(a)(2) Receives or is promised payments totaling five hundred dollars ($500) or more in a calendar year for the production of one or more slate mailers.
(b)CA Government Code § 82048.4(b) Notwithstanding subdivision (a), a slate mailer organization shall not include any of the following:
(1)CA Government Code § 82048.4(b)(1) A candidate or officeholder or a candidate’s or officeholder’s controlled committee.
(2)CA Government Code § 82048.4(b)(2) An official committee of any political party.
(3)CA Government Code § 82048.4(b)(3) A legislative caucus committee.
(4)CA Government Code § 82048.4(b)(4) A committee primarily formed to support or oppose a candidate, officeholder, or ballot measure.
(c)CA Government Code § 82048.4(c) The production and distribution of slate mailers by a slate mailer organization shall not be considered making contributions or expenditures for purposes of subdivision (b) or (c) of Section 82013. If a slate mailer organization makes contributions or expenditures other than by producing or distributing slate mailers, and it reports those contributions and expenditures pursuant to Sections 84218 and 84219, no additional campaign reports shall be required of the slate mailer organization pursuant to Section 84200 or 84200.5.

Section § 82048.5

Explanation

A "special district" is a local state agency set up to perform specific government or business functions in a defined area. This includes things like county service areas, maintenance districts, and air pollution control districts. It does not include cities, counties, or school districts.

“Special district” means any agency of the state established for the local performance of governmental or proprietary functions within limited boundaries. “Special district” includes a county service area, a maintenance district or area, an improvement district or zone, an air pollution control district, or a redevelopment agency. “Special district” shall not include a city, county, city and county, or school district.

Section § 82048.7

Explanation

This law defines what a 'sponsored committee' is in terms of political finance. A sponsored committee is a political group that is not controlled by a candidate but has one or more sponsors. A sponsor is someone who significantly contributes to or administers the committee.

If most of the committee's contributions come from one person or they handle its finances and operations, that person is considered a sponsor. Specifically, if a person funds 80% or more of the committee's contributions, collects donations via payroll deductions, manages the committee's day-to-day operations, or sets its financial policies, they are a sponsor.

Additionally, if the sponsor is a multipurpose organization using its main funds for political contributions, it must follow specific regulations detailed in another section (Section 84222).

(a)CA Government Code § 82048.7(a) “Sponsored committee” means a committee, other than a candidate controlled committee, that has one or more sponsors. Any person, except a candidate or other individual, may sponsor a committee.
(b)CA Government Code § 82048.7(b) A person sponsors a committee if any of the following apply:
(1)CA Government Code § 82048.7(b)(1) The committee receives 80 percent or more of its contributions from the person or its members, officers, employees, or shareholders.
(2)CA Government Code § 82048.7(b)(2) The person collects contributions for the committee by use of payroll deductions or dues from its members, officers, or employees.
(3)CA Government Code § 82048.7(b)(3) The person, alone or in combination with other organizations, provides all or nearly all of the administrative services for the committee.
(4)CA Government Code § 82048.7(b)(4) The person, alone or in combination with other organizations, sets the policies for soliciting contributions or making expenditures of committee funds.
(c)CA Government Code § 82048.7(c) A sponsor that is a multipurpose organization, as defined in subdivision (a) of Section 84222, and that makes contributions or expenditures from its general treasury funds shall comply with Section 84222.

Section § 82048.8

Explanation

In this context, the term 'spouse' also covers registered domestic partners that are recognized under state law.

“Spouse” includes registered domestic partners recognized by state law.

Section § 82049

Explanation

This law defines what is meant by the term 'state agency' in California. It covers all state offices, departments, divisions, bureaus, boards, commissions, as well as the Legislature.

“State agency” means every state office, department, division, bureau, board and commission, and the Legislature.

Section § 82050

Explanation

This law defines a 'state candidate' as someone who is running for a nomination or election to any office at the state level.

“State candidate” means a candidate who seeks nomination or election to any elective state office.

Section § 82051

Explanation

In this section, a "state measure" is defined as any proposal or initiative that is planned to be presented to the voters for a decision across the whole state.

“State measure” means any measure which is submitted or is intended to be submitted to the voters of the state.

Section § 82052

Explanation

This law defines a 'statewide candidate' as someone running for a statewide public office.

“Statewide candidate” means a candidate who seeks election to any statewide elective office.

Section § 82053

Explanation

This law defines what is considered a 'statewide elective office' in California. It includes positions like Governor, Lieutenant Governor, and other top state officials.

“Statewide elective office” means the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction and member of the State Board of Equalization.

Section § 82054

Explanation

A 'statewide petition' is a formal request to place a proposed law or measure on the state ballot for voter approval in an election.

“Statewide petition” means a petition to qualify a proposed state measure.