SECTIONS 82000-82054 - California Statutes

GOVERNMENT CODE

SECTION 82000-82054

82000. 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.

82001. "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.

82002. (a) "Administrative action" means either of the following:
(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, which shall include any proceeding governed by Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2.
(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.
(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) "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.

82003. "Agency" means any state agency or local government agency.

82004. "Agency official" means any member, officer, employee or
consultant of any state agency who as part of his official
responsibilities participates in any administrative action in other
than a purely clerical, secretarial or ministerial capacity.

82005. "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.

82006. "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.

82007. "Candidate" means an individual who is listed on the ballot
or who has qualified to have write-in votes on his or her behalf
counted by election officials, for nomination for or election to any
elective office, or who receives a contribution or makes an
expenditure or gives his or her consent for any other person to
receive a contribution or make an expenditure with a view to bringing
about his or her nomination or election to any elective office,
whether or not the specific elective office for which he or she will
seek nomination or election is known at the time the contribution is
received or the expenditure is made and whether or not he or she has
announced his or her candidacy or filed a declaration of candidacy at
such time. "Candidate" also includes any officeholder who is the
subject of a recall election. An individual who becomes a candidate
shall retain his or her status as a candidate until such time as that
status is terminated pursuant to Section 84214. "Candidate" does not
include any person within the meaning of Section 301(b) of the
Federal Election Campaign Act of 1971.

82008. "City" means a general law or a chartered city.

82009. "Civil service employee" means any state employee who is
covered by the state civil service system or any employee of a local
government agency who is covered by a similar personnel system.

82009.5. "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.

82010. "Closing date" means the date through which any report or
statement filed under this title is required to be complete.

82011. "Code reviewing body" means all of the following:
(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) 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) The city council, with respect to the conflict-of-interest
code of any city agency other than the city council.
(d) The Attorney General, with respect to the conflict-of-interest
code of the commission.
(e) The Chief Justice of California or his or her designee, with
respect to the conflict-of-interest code of the members of the
Judicial Council, Commission on Judicial Performance, and Board of
Governors of the State Bar of California.
(f) The Board of Governors of the State Bar of California with
respect to the conflict-of-interest code of the State Bar of
California.
(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) 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).

82012. "Commission" means the Fair Political Practices Commission.

82013. "Committee" means any person or combination of persons who
directly or indirectly does any of the following:
(a) Receives contributions totaling one thousand dollars ($1,000)
or more in a calendar year.
(b) Makes independent expenditures totaling one thousand dollars
($1,000) or more in a calendar year; or
(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.

82014. "Conflict of Interest Code" means a set of rules and
regulations adopted by an agency pursuant to Chapter 7 of this title.

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, unless it is clear from the surrounding
circumstances that it is not made for political purposes.
(b) (1) A payment made at the behest of a committee as defined in
subdivision (a) of Section 82013 is a contribution to the committee
unless full and adequate consideration is received from the committee
for making the payment.
(2) A payment made at the behest of a candidate is a contribution
to the candidate unless the criteria in either subparagraph (A) or
(B) are satisfied:
(A) Full and adequate consideration is received from the
candidate.
(B) It is clear from the surrounding circumstances that the
payment was made for purposes unrelated to his or her candidacy for
elective office. The following types of payments are presumed to be
for purposes unrelated to a candidate's candidacy for elective
office:
(i) 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.
(ii) A payment made by a state, local, or federal governmental
agency or by a nonprofit organization that is exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code.
(iii) A payment not covered by clause (i), made principally for
legislative, governmental, or charitable purposes, in which case it
is neither a gift nor a contribution. However, payments of this type
that are made at the behest of a candidate who is an elected officer
shall be reported within 30 days following the date on which the
payment or payments equal or exceed five thousand dollars ($5,000) in
the aggregate from the same source in the same calendar year in
which they are made. The report shall be filed by the elected officer
with the elected officer's agency and shall be a public record
subject to inspection and copying pursuant to subdivision (a) of
Section 81008. The report shall contain the following information:
name of payor, address of payor, amount of the payment, date or dates
the payment or payments were made, the name and address of the
payee, a brief description of the goods or services provided or
purchased, if any, and a description of the specific purpose or event
for which the payment or payments were made. Once the
five-thousand-dollar ($5,000) aggregate threshold from a single
source has been reached for a calendar year, all payments for the
calendar year made by that source must be disclosed within 30 days
after the date the threshold was reached or the payment was made,
whichever occurs later. Within 30 days after receipt of the report,
state agencies shall forward a copy of these reports to the Fair
Political Practices Commission, and local agencies shall forward a
copy of these reports to the officer with whom elected officers of
that agency file their campaign statements.
(C) For purposes of subparagraph (B), a payment is made for
purposes related to a candidate's candidacy for elective office if
all or a portion of the payment is used for election-related
activities. For purposes of this subparagraph, "election-related
activities" shall include, but are not limited to, the following:
(i) Communications that contain express advocacy of the nomination
or election of the candidate or the defeat of his or her opponent.
(ii) Communications that contain reference to the candidate's
candidacy for elective office, the candidate's election campaign, or
the candidate's or his or her opponent's qualifications for elective
office.
(iii) Solicitation of contributions to the candidate or to third
persons for use in support of the candidate or in opposition to his
or her opponent.
(iv) Arranging, coordinating, developing, writing, distributing,
preparing, or planning of any communication or activity described in
clause (i), (ii), or (iii).
(v) Recruiting or coordinating campaign activities of campaign
volunteers on behalf of the candidate.
(vi) Preparing campaign budgets.
(vii) Preparing campaign finance disclosure statements.
(viii) 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 his or her opponent.
(D) A contribution made at the behest of a candidate for a
different candidate or to a committee not controlled by the behesting
candidate is not a contribution to the behesting candidate.
(3) A payment made at the behest of a member of the Public
Utilities Commission, made principally for legislative, governmental,
or charitable purposes, is not a contribution. However, payments of
this type shall be reported within 30 days following the date on
which the payment or payments equal or exceed five thousand dollars
($5,000) in the aggregate from the same source in the same calendar
year in which they are made. The report shall be filed by the member
with the Public Utilities Commission and shall be a public record
subject to inspection and copying pursuant to subdivision (a) of
Section 81008. The report shall contain the following information:
name of payor, address of payor, amount of the payment, date or dates
the payment or payments were made, the name and address of the
payee, a brief description of the goods or services provided or
purchased, if any, and a description of the specific purpose or event
for which the payment or payments were made. Once the
five-thousand-dollar ($5,000) aggregate threshold from a single
source has been reached for a calendar year, all payments for the
calendar year made by that source must be disclosed within 30 days
after the date the threshold was reached or the payment was made,
whichever occurs later. Within 30 days after receipt of the report,
the Public Utilities Commission shall forward a copy of these reports
to the Fair Political Practices Commission.
(c) "Contribution" includes 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 his or her
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.
(d) "Contribution" further includes any transfer of anything of
value received by a committee from another committee, unless full and
adequate consideration is received.
(e) "Contribution" does not include 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.
(f) "Contribution" does not include 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.
(g) Notwithstanding the foregoing definition of "contribution,"
the term does not include volunteer personal services or payments
made by any individual for his or her own travel expenses if the
payments are made voluntarily without any understanding or agreement
that they shall be, directly or indirectly, repaid to him or her.
(h) "Contribution" further includes the payment of public moneys
by a state or local governmental agency for a communication to the
public that satisfies both of the following:
(1) 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.
(2) The communication is made at the behest of the affected
candidate or committee.

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 he or she, his or her agent, or any other committee he
or she controls has a significant influence on the actions or
decisions of the committee.
(b) Notwithstanding subdivision (a), a political party committee,
as defined in Section 85205, is not a controlled committee.

82017. "County" includes a city and county.

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) 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) 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) 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.

82019. (a) "Designated employee" means any officer, employee,
member, or consultant of any agency whose position with the agency:
(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) Is elective, other than an elective state office.
(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) 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) (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) "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.

82020. "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.

82021. "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.

82022. "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.

82023. "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.

82024. "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.

82025. "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 his or her 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.

82025.3. "External manager" means either of the following:
(1) A person who is seeking to be, or is, retained by a state
public retirement system in California to manage a portfolio of
securities or other assets for compensation.
(2) A person who is engaged, or proposes to be engaged, in the
business of investing, reinvesting, owning, holding, or trading
securities or other assets and who offers or sells, or has offered or
sold, securities to a state public retirement system in California.

82025.5. "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.

82026. "Filer" means the person filing or required to file any
statement or report under this title.

82027. "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 him shall be signed in the original
and shall be deemed the original copy.

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) 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) 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) A "city general purpose committee" is a committee to support
or oppose candidates or measures voted on in only one city.

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) The term "gift" does not include:
(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) 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) 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) Campaign contributions required to be reported under Chapter 4
of this title.
(5) Any devise or inheritance.
(6) Personalized plaques and trophies with an individual value of
less than two hundred fifty dollars ($250).

82029. "Immediate family" means the spouse and dependent children.

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) "Income" also does not include:
(1) Campaign contributions required to be reported under Chapter 4
(commencing with Section 84100).
(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) Any devise or inheritance.
(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) 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) Redemption of a mutual fund.
(7) Alimony or child support payments.
(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) 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 he or she is acting as an agent or
intermediary for any person not covered by this paragraph.
(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) Payments received under a defined benefit pension plan
qualified under Internal Revenue Code Section 401(a).
(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.

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) Income which is not "earned income" includes, but is not
limited to, the following:
(1) Any income derived from stocks, bonds, property, or other
investments, or from retail or wholesale sales.
(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) The community property interest in the income of a spouse.

82031. "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.

82032. "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.

82033. "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 his or her 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.

82034. "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 his or her 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.

82035. "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.

82035.5. "LAFCO proposal" means a proposal, as defined in Section
56069, including a proceeding, as defined by Section 56067.

82036. "Late contribution" means any of the following:
(a) Any 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 before the date of the election at which the candidate or
measure is to be voted on but after the closing date of the last
campaign statement required to be filed before 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.
(b) Any 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,
before the date of any state election but after the closing date of
the last campaign statement required to be filed before the election.

82036.5. "Late independent expenditure" means any independent
expenditure that totals in the aggregate one thousand dollars
($1,000) or more and is made for or against any specific candidate or
measure involved in an election before the date of the election but
after the closing date of the last campaign statement required to be
filed prior to the election by a candidate or committee participating
in 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.

82037. "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 his official capacity. "Legislative action"
also means the action of the Governor in approving or vetoing any
bill.

82038. "Legislative official" means any employee or consultant of
the Legislature whose duties are not solely secretarial, clerical or
manual.

82038.5. (a) "Lobbying firm" means any business entity, including
an individual contract lobbyist, which meets either of the following
criteria:
(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) 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) No business entity is a lobbying firm by reason of activities
described in Section 86300.

82039. (a) "Lobbyist" means either of the following:
(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 his or
her agents with any elective state official, agency official, or
legislative official for the purpose of influencing legislative or
administrative action.
(2) A placement agent, as defined in Section 82047.3.
(b) An individual is not a lobbyist by reason of activities
described in Section 86300.
(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.

82039.5. "Lobbyist employer" means any person, other than a
lobbying firm, who:
(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) 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.

82041. "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.

82041.5. "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.

82042. "Mayor" of a city includes mayor of a city and county.

82043. "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.

82044. "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.

82045. "Payment to influence legislative or administrative action"
means any of the following types of payment:
(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) Payment in support or assistance of a lobbyist or his
activities, including but not limited to the direct payment of
expenses incurred at the request or suggestion of the lobbyist;
(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) 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) 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.

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) "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.

82047. "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.

82047.3. (a) "Placement agent" means an individual hired, engaged,
or retained by, or serving for the benefit of or on behalf of, an
external manager, or on behalf of another placement agent, who acts
or has acted for compensation as a finder, solicitor, marketer,
consultant, broker, or other intermediary in connection with the
offer or sale of the securities, assets, or services of an external
manager to a state public retirement system in California or an
investment vehicle, either directly or indirectly.
(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
his or her 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) 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 if all of the following apply:
(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) The external manager has been selected through a competitive
bidding process subject to subdivision (a) of Section 22364 of the
Education Code or subdivision (a) of Section 20153 of this code, as
applicable, and is providing services pursuant to a contract executed
as a result of that competitive bidding process.
(3) The external manager 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) For purposes of this section, "investment vehicle" means a
corporation, partnership, limited partnership, limited liability
company, association, or other entity, either domestic or foreign,
constituting or 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.

82047.5. "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) A single candidate.
(b) A single measure.
(c) A group of specific candidates being voted upon in the same
city, county, or multicounty election.
(d) Two or more measures being voted upon in the same city,
county, multicounty, or state election.

82047.6. "Proponent of a state ballot measure" means "proponent" as
defined in Section 9002 of the Elections Code.

82048. (a) "Public official" means every member, officer, employee
or consultant of a state or local government agency.
(b) Notwithstanding subdivision (a), "public official" does not
include the following:
(1) A judge or court commissioner in the judicial branch of
government.
(2) A member of the Board of Governors and designated employees of
the State Bar of California.
(3) A member of the Judicial Council.
(4) A member of the Commission on Judicial Performance, provided
that he or she 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.
(5) A federal officer or employee serving in an official federal
capacity on a state or local government agency.

82048.3. "Slate mailer" means a mass mailing which supports or
opposes a total of four or more candidates or ballot measures.

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) 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) 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) Notwithstanding subdivision (a), a slate mailer organization
shall not include any of the following:
(1) A candidate or officeholder or a candidate's or officeholder's
controlled committee.
(2) An official committee of any political party.
(3) A legislative caucus committee.
(4) A committee primarily formed to support or oppose a candidate,
officeholder, or ballot measure.
(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.

82048.5. "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.

82048.7. (a) "Sponsored committee" means a committee, other than a
candidate controlled committee, which has one or more sponsors. Any
person, except a candidate or other individual, may sponsor a
committee.
(b) A person sponsors a committee if any of the following apply:
(1) The committee receives 80 percent or more of its contributions
from the person or its members, officers, employees, or
shareholders.
(2) The person collects contributions for the committee by use of
payroll deductions or dues from its members, officers, or employees.
(3) The person, alone or in combination with other organizations,
provides all or nearly all of the administrative services for the
committee.
(4) The person, alone or in combination with other organizations,
sets the policies for soliciting contributions or making expenditures
of committee funds.

82049. "State agency" means every state office, department,
division, bureau, board and commission, and the Legislature.

82050. "State candidate" means a candidate who seeks nomination or
election to any elective state office.

82051. "State measure" means any measure which is submitted or is
intended to be submitted to the voters of the state.

82052. "Statewide candidate" means a candidate who seeks election
to any statewide elective office.

82052.5. "Statewide election" means an election for statewide
elective office.

82053. "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.

82054. "Statewide petition" means a petition to qualify a proposed
state measure.