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.
Chapter 2 - Definitions
California Government Code — §§ 82000-82054
Sections (71)
Amended by Stats. 1978, Ch. 199. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“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.
Amended by Stats. 2022, Ch. 456, Sec. 1. (AB 1783) Effective January 1, 2023. Note: This section was added on June 4, 1974, by initiative Prop. 9.
(a)“Administrative action” means any 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, including 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.
(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)“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.
“Agency” means any state agency or local government agency.
Amended by Stats. 2021, Ch. 50, Sec. 133. (AB 378) Effective January 1, 2022.
“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.
Added by Stats. 2025, Ch. 186, Sec. 1. (AB 1286) Effective January 1, 2026.
“Arrangement for prospective employment” means an agreement pursuant to which a prospective employer’s offer of employment has been accepted by the prospective employee, including through verbal or written acceptance.
Added by Stats. 2017, Ch. 749, Sec. 2. (AB 867) Effective January 1, 2018.
“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)Full and adequate consideration is received from the committee or elected officer.
(b)The payment is made to a different candidate or to a committee not controlled by the behesting candidate.
(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)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)A payment made by a state, local, or federal governmental agency.
(3)A payment made by a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
(4)A payment made principally for charitable purposes.
(5)A payment made principally for legislative or governmental purposes by a person other than a state, local, or federal governmental agency.
“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.
Repealed and added by Stats. 2019, Ch. 312, Sec. 4. (AB 902) Effective January 1, 2020.
(a)“Candidate” means any of the following:
(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)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)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)The person has not announced the candidacy or filed a declaration of candidacy.
(3)An elected officer, including any elected officer who is the subject of a recall.
(b)Anyone who becomes a candidate retains candidate status until that status is terminated under Section 84214.
(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.
“City” means a general law or a chartered city.
“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.
“Closing date” means the date through which any report or statement filed under this title is required to be complete.
Amended by Stats. 2024, Ch. 489, Sec. 1. (SB 1476) Effective January 1, 2025. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“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 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)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)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).
“Commission” means the Fair Political Practices Commission.
Amended by Stats. 2015, Ch. 364, Sec. 1. (AB 594) Effective January 1, 2016. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“Committee” means any person or combination of persons who directly or indirectly does any of the following:
(a)Receives contributions totaling two thousand dollars ($2,000) 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.
“Conflict of Interest Code” means a set of rules and regulations adopted by an agency pursuant to Chapter 7 of this title.
Added by Stats. 2019, Ch. 312, Sec. 5. (AB 902) Effective January 1, 2020.
(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)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)That individual.
(2)Any other entity whose contributions that individual directs or controls.
(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)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.
Amended by Stats. 2021, Ch. 50, Sec. 136. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.
(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)Notwithstanding subdivision (a), a political party committee, as defined in Section 85205, is not a controlled committee.
“County” includes a city and county.
Amended by Stats. 2004, Ch. 484, Sec. 1. Effective January 1, 2005. Note: This section was added on June 4, 1974, by initiative Prop. 9.
(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.
“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.
“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.
“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.
Amended by Stats. 2010, Ch. 633, Sec. 1. (SB 1007) Effective January 1, 2011. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“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.
Amended by Stats. 2010, Ch. 633, Sec. 2. (SB 1007) Effective January 1, 2011. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“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.
Amended by Stats. 2011, Ch. 704, Sec. 3. (SB 398) Effective October 9, 2011.
(a)“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 or an investment vehicle to manage a portfolio of securities or other assets for compensation.
(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)For purposes of this section, “investment fund” has the same meaning as set forth in Section 7513.8.
(c)For purposes of this section, “investment vehicle” has the same meaning as set forth in Section 82047.3.
Added by Stats. 1985, Ch. 775, Sec. 3.
“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.
“Filer” means the person filing or required to file any statement or report under this title.
Amended by Stats. 2021, Ch. 50, Sec. 138. (AB 378) Effective January 1, 2022.
“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.
Amended by Stats. 2004, Ch. 623, Sec. 1. Effective September 21, 2004.
(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.
Amended by Stats. 1997, Ch. 450, Sec. 2. Effective September 24, 1997. Note: This section was added on June 4, 1974, by initiative Prop. 9.
(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).
Amended by Stats. 1980, Ch. 1000. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“Immediate family” means the spouse and dependent children.
Amended by Stats. 2021, Ch. 50, Sec. 139. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.
(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 that person 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.
Added by Stats. 1990, Ch. 1075, Sec. 1.
(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.
Amended by Stats. 2009, Ch. 363, Sec. 2. (AB 9) Effective January 1, 2010.
“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.
“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.
Amended by Stats. 2021, Ch. 50, Sec. 140. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“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.
Amended by Stats. 1993, Ch. 769, Sec. 2. Effective January 1, 1994. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“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.
Amended by Stats. 2009, Ch. 113, Sec. 4. (AB 528) Effective January 1, 2010.
“LAFCO proposal” means a proposal, as defined in Section 56069, including a proceeding, as defined by Section 56067.
Amended by Stats. 2015, Ch. 364, Sec. 2. (AB 594) Effective January 1, 2016. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“Late contribution” means any of the following:
(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)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.
Amended by Stats. 2015, Ch. 364, Sec. 3. (AB 594) Effective January 1, 2016.
“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.
Amended by Stats. 2021, Ch. 50, Sec. 142. (AB 378) Effective January 1, 2022.
“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.
“Legislative official” means any employee or consultant of the Legislature whose duties are not solely secretarial, clerical or manual.
Added by Stats. 2019, Ch. 312, Sec. 6. (AB 902) Effective January 1, 2020.
(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)For purposes of Sections 86115 and 86116, a lobbying coalition shall file the same statements and reports as a lobbyist employer.
(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)A person making payments to a lobbying coalition does not qualify as a lobbying firm or lobbyist employer as a result of those payments.
Amended by Stats. 1986, Ch. 905, Sec. 1.
(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.
Amended by Stats. 2021, Ch. 50, Sec. 143. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9, and amended on Nov. 5, 1996, by initiative Prop. 208.
(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 that individual’s 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.
Added by Stats. 1985, Ch. 1183, Sec. 4. Effective September 29, 1985.
“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.
Amended by Stats. 1984, Ch. 727, Sec. 4. Operative July 1, 1985, by Sec. 12 of Ch. 727. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“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.
Added by Stats. 2017, Ch. 749, Sec. 5. (AB 867) Effective January 1, 2018.
“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.
Amended (as amended June 7, 1988, by Prop. 73) by Stats. 1988, Ch. 1027, Sec. 1. Note: This section was added on June 4, 1974, by initiative Prop. 9, and amended on June 7, 1988, by initiative Prop. 73.
“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.
“Mayor” of a city includes mayor of a city and county.
“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.
“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.
Amended by Stats. 2021, Ch. 50, Sec. 144. (AB 378) Effective January 1, 2022.
“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 the lobbyist’s 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.
Amended by Stats. 1994, Ch. 1010, Sec. 144. Effective January 1, 1995. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“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.
Amended by Stats. 2021, Ch. 50, Sec. 145. (AB 378) Effective January 1, 2022.
(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)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)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)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)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)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 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)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)For purposes of this section, “investment fund” has the same meaning as set forth in Section 7513.8.
(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.
Amended by Stats. 1995, Ch. 295, Sec. 1. Effective January 1, 1996.
“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.
Added by Stats. 2012, Ch. 496, Sec. 4. (AB 481) Effective January 1, 2013.
(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)Authorizing the content of communications made by the committee.
(2)Authorizing expenditures,
including contributions, on behalf of the committee.
(3)Determining the committee’s campaign strategy.
(b)If two or more individuals share the primary responsibility for approving the political activities of a committee, each individual is a principal officer.
Amended by Stats. 2021, Ch. 317, Sec. 1. (AB 1590) Effective January 1, 2022.
“Proponent of a state ballot measure” means “proponent” as defined in Section 9001 of the Elections Code.
Amended by Stats. 2024, Ch. 489, Sec. 2. (SB 1476) Effective January 1, 2025. Note: This section was added on June 4, 1974, by initiative Prop. 9.
(a)(1) “Public official” means every member, officer, employee, or consultant of a state or local government agency.
(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)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 Judicial Council.
(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)A federal officer or employee serving in an official federal capacity on a state or local government agency.
Added by Stats. 1987, Ch. 905, Sec. 1.
“Slate mailer” means a mass mailing which supports or opposes a total of four or more candidates or ballot measures.
Added by renumbering Section 82048.5 (as added by Stats. 1987, Ch. 905) by Stats. 1988, Ch. 160, Sec. 77.
(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.
Added by Stats. 1994, Ch. 36, Sec. 2. Effective January 1, 1995.
“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.
Amended by Stats. 2014, Ch. 16, Sec. 4. (SB 27) Effective May 14, 2014. Operative July 1, 2014, by Stats. 2014, Ch. 16, Sec. 10.
(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)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.
(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.
Added by Stats. 2019, Ch. 312, Sec. 7. (AB 902) Effective January 1, 2020.
“Spouse” includes registered domestic partners recognized by state law.
Amended by Stats. 1984, Ch. 727, Sec. 6. Operative July 1, 1985, by Sec. 12 of Ch. 727. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“State agency” means every state office, department, division, bureau, board and commission, and the Legislature.
“State candidate” means a candidate who seeks nomination or election to any elective state office.
“State measure” means any measure which is submitted or is intended to be submitted to the voters of the state.
“Statewide candidate” means a candidate who seeks election to any statewide elective office.
Amended by Stats. 2000, Ch. 102, Sec. 3. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102. Note: This section was added on June 4, 1974, by initiative Prop. 9.
“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.
“Statewide petition” means a petition to qualify a proposed state measure.