Political Reform Act 2011 - Fair Political Practices Commission

More documents

Recommendations

Info

§ 84305.6. 51 § 84308. (5) The name of any candidate appearing in the slate mailer who is a member of a political party differing from the political party which the mailer appears by representation or indicia to represent is accompanied, immediately below the name, by the party designation of the candidate, in no less than 9point roman type which shall be in a color or print that contrasts with the background so as to be easily legible. The designation shall not be required in the case of candidates for nonpartisan office. (b) For purposes of the designations required by paragraph (4) of subdivision (a), the payment of any sum made reportable by subdivision (c) of Section 84219 by or at the behest of a candidate or committee, whose name or position appears in the mailer, to the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures, shall constitute a payment to appear, requiring the * designation. The payment shall also be deemed to constitute authorization to appear in the mailer. History: Added by Stats. 1987, Ch. 905; amended by Stats. 1991, Ch. 403; amended by Stats. 1992, Ch. 1143; amended by Stats. 1993, Ch. 472; amended by Stats. 1994, Ch. 923; amended by Stats. 1996, Ch. 893; amended by Proposition 208 of the November 1996 Statewide General Election; Proposition 208 version preliminarily enjoined January 6, 1998; Proposition 208 version permanently enjoined March 1, 2001; pre-Proposition 208 version revived by operation of law; On September 20, 2002, the Federal District Court for the Eastern District of California issued a preliminary injunction prohibiting the FPPC from enforcing this subdivision against the slate mail organizations which had sought the injunction; repealed and new section added by Stats. 2004, Ch. 478, effective September 10, 2004. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18229.1 2 Cal. Code of Regs. Section 18401 2 Cal. Code of Regs. Section 18421.2 § 84305.6. Slate Mailer Disclosure Requirements; Official <strong>Political</strong> Party Position. [Repealed] History: Added by Stats. 2000, Ch. 102 [Proposition 34 of the November Statewide General Election]; On September 20, 2002, the Federal District Court for the Eastern District of California issued a preliminary injunction prohibiting the FPPC from enforcing this provision against the slate mail organizations which had sought the injunction; repealed by Stats. 2004, Ch. 478, effective September 10, 2004. § 84306. Contributions Received by Agents of Candidates or Committees. All contributions received by a person acting as an agent of a candidate shall be reported promptly to the candidate or any of his or her designated agents. All contributions received by a person acting as an agent of a committee shall be reported promptly to the committee’s treasurer or any of his or her designated agents. “Promptly” as used in this section means not later than the closing date of any campaign statement the committee or candidate for whom the contribution is intended is required to file. History: Added by Stats. 1979, Ch. 779. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18401 2 Cal. Code of Regs. Section 18421.1 2 Cal. Code of Regs. Section 18421.2 2 Cal. Code of Regs. Section 18421.3 § 84307. Commingling with Personal Funds. No contribution shall be commingled with the personal funds of the recipient or any other person. History: Added by Stats. 1979, Ch. 779. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18401 2 Cal. Code of Regs. Section 18421.2 § 84307.5. Fundraising Payments Made to a Spouse or Domestic Partner. A spouse or domestic partner of an elected officer or a candidate for elective office shall not receive compensation from campaign funds held by a controlled committee of the elected officer or candidate for elective office for services rendered in connection with fundraising for the benefit of the elected officer or candidate for elective office. History: Added by Stats. 2009, Ch. 360. § 84308. Contributions to Officers; Disqualification. (a) The definitions set forth in this subdivision shall govern the interpretation of this section. (1) “Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. (2) “Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if he or she lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency. (3) “Agency” means an agency as defined in Section 82003 except that it does not include the courts or any agency in the judicial branch of government, local governmental agencies whose members are directly elected by the voters, the
§ 84309. 52 § 84309. Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency. (4) “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. (5) “License, permit, or other entitlement for use” means all business, professional, trade and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises. (6) “Contribution” includes contributions to candidates and committees in federal, state, or local elections. (b) No officer of an agency shall accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for three months following the date a final decision is rendered in the proceeding if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7. This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution for himself or herself, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. (c) Prior to rendering any decision in a proceeding involving a license, permit or other entitlement for use pending before an agency, each officer of the agency who received a contribution within the preceding 12 months in an amount of more than two hundred fifty dollars ($250) from a party or from any participant shall disclose that fact on the record of the proceeding. No officer of an agency shall make, participate in making, or in any way attempt to use his or her official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency if the officer has willfully or knowingly received a contribution in an amount of more than two hundred fifty dollars ($250) within the preceding 12 months from a party or his or her agent, or from any participant, or his or her agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Article 1 (commencing with Section 87100) of Chapter 7. If an officer receives a contribution which would otherwise require disqualification under this section, returns the contribution within 30 days from the time he or she knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, he or she shall be permitted to participate in the proceeding. (d) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party, or his or her agent, to any officer of the agency. No party, or his or her agent, to a proceeding involving a license, permit, or other entitlement for use pending before any agency and no participant, or his or her agent, in the proceeding shall make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for three months following the date a final decision is rendered by the agency in the proceeding. When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in subdivisions (b), (c), and this subdivision. (e) Nothing in this section shall be construed to imply that any contribution subject to being reported under this title shall not be so reported. History: Added by Stats. 1982, Ch. 1049; amended by Stats. 1984, Ch. 1681, effective September 30, 1984; amended by Stats. 1989, Ch. 764. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18401 2 Cal. Code of Regs. Section 18421.2 2 Cal. Code of Regs. Section 18438.1 2 Cal. Code of Regs. Section 18438.2 2 Cal. Code of Regs. Section 18438.3 2 Cal. Code of Regs. Section 18438.4 2 Cal. Code of Regs. Section 18438.5 2 Cal. Code of Regs. Section 18438.6 2 Cal. Code of Regs. Section 18438.7 2 Cal. Code of Regs. Section 18438.8 Opinions: In re Curiel (1983) 8 FPPC Ops. 1 § 84309. Transmittal of Campaign Contributions in State Office Buildings. (a) No person shall receive or personally deliver or attempt to deliver a contribution in the State Capitol, in any state office building, or in any office for which the state pays the majority of the rent other than a legislative district office.
Page 1 and 2: Political Reform Act 2011 Fair Poli
Page 3 and 4: Montgomery’s appointment to the C
Page 5 and 6: Chapter 1. General ................
Page 7 and 8: § 81003. 6 § 81007. (b) The activ
Page 9 and 10: § 81009.5. 8 § 81013. officer sha
Page 11 and 12: § 82000. 10 § 82007. § 82052.5.
Page 13 and 14: § 82014. 12 § 82015. In re Masini
Page 15 and 16: § 82016. 14 § 82019. In re Cannon
Page 17 and 18: § 82026. 16 § 82028. In re Thomas
Page 19 and 20: § 82030.5. 18 § 82034. 2 Cal. Cod
Page 21 and 22: § 82038. 20 § 82040. of the Legis
Page 23 and 24: § 82047. 22 § 82047.5. reportable
Page 25 and 26: § 82049. 24 § 83101. History: Add
Page 27 and 28: § 83111. 26 § 83114. that the Com
Page 29 and 30: § 83116.3. 28 § 83121. § 83116.3
Page 31 and 32: § 84101. 30 § 84102. § 84101. St
Page 33 and 34: § 84106. 32 § 84108. she may be r
Page 35 and 36: § 84200.3. 34 § 84200.5. History:
Page 37 and 38: § 84200.8. 36 § 84201. (2) For th
Page 39 and 40: § 84203.3. 38 § 84203.5. 82036, s
Page 41 and 42: § 84204.1. 40 § 84204.5. 1977, Ch
Page 43 and 44: § 84211. 42 § 84211. from persons
Page 45 and 46: § 84212. 44 § 84215. 2 Cal. Code
Page 47 and 48: § 84218. 46 § 84219. one copy wit
Page 49 and 50: § 84221. 48 § 84252. whose suppor
Page 51: § 84305. 50 § 84305.5. paid to th
Page 55 and 56: § 84502. 54 § 84506. 2 Cal. Code
Page 57 and 58: § 84600. 56 § 84602. the expendit
Page 59 and 60: § 84605. 58 § 84605. or electroni
Page 61 and 62: § 84610. 60 § 85104. layout or fi
Page 63 and 64: § 85202. 62 § 85206. § 85202. In
Page 65 and 66: § 85304. 64 § 85305. making contr
Page 67 and 68: § 85310. 66 § 85311. file online
Page 69 and 70: § 85317. 68 § 85319. (C) Twenty t
Page 71 and 72: § 85401. 70 § 85500. Honoraria”
Page 73 and 74: § 85602. 72 § 85703. by the Secre
Page 75 and 76: § 86100. 74 § 86103. § 86112.3.
Page 77 and 78: § 86106. 76 § 86107. (b) A list o
Page 79 and 80: § 86112.3. 78 § 86114. (a) The da
Page 81 and 82: § 86116.5. 80 § 86117. committee
Page 83 and 84: § 86206. 82 § 86300. official, ag
Page 85 and 86: § 87102.5. 84 § 87102.5. § 87102
Page 87 and 88: § 87103. 86 § 87103. 2 Cal. Code
Page 89 and 90: § 87200. 88 § 87202. Article 2. D
Page 91 and 92: § 87208. 90 § 87209. the income w
Page 93 and 94: § 87302. 92 § 87302. (b) Requirem
Page 95 and 96: § 87306. 94 § 87309. to the code
Page 97 and 98: § 87350. 96 § 87400. manages publ
Page 99 and 100: § 87405. 98 § 87406.1. § 87405.
Page 101 and 102: § 87450. 100 § 87460. § 87450. R
Page 103 and 104:
§ 87500. 102 § 87500. (c) Members
Page 105 and 106:
§ 88000. 104 § 88002.5. Chapter 8
Page 107 and 108:
§ 88007. 106 § 89501. § 88007. A
Page 109 and 110:
§ 89503.5. 108 § 89506. reflect c
Page 111 and 112:
§ 89511.5. 110 § 89513. dependent
Page 113 and 114:
§ 89514. 112 § 89516. (3) An elec
Page 115 and 116:
§ 89520. 114 § 89522. (3) Donatio
Page 117 and 118:
§ 90002. 116 § 90004. promulgate
Page 119 and 120:
§ 91000. 118 § 91002. § 91011. S
Page 121 and 122:
§ 91006. 120 § 91009. Repealed an
Page 123:
§ 91014. 122 § 91015. (b) A civil
show all

Political Reform Act 2011 - Fair Political Practices Commission

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?