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
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Sections (78)
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.
Current Version
Added June 4, 1974, by initiative Proposition 9. Superseded on operative date of amendment by Stats. 2018, Ch. 662.
“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.
Future Version
Amended by Stats. 2018, Ch. 662, Sec. 7. (SB 1239) Effective January 1, 2019. Conditionally operative on date prescribed by Stats. 2018, Ch. 662, Sec. 44. Conditionally superseded; see amendment by Stats. 2025, Ch. 278.
“Campaign statement” means an itemized report that is prepared on a form or in a manner prescribed by the Commission and that provides the information required by Chapters 4 and 5 of this title.
Future Version
Amended (as amended by Stats. 2018, Ch. 662, Sec. 7) by Stats. 2025, Ch. 278, Sec. 5. (AB 808) Effective January 1, 2026. Conditionally operative pursuant to Sec. 78 of Stats. 2025, Ch. 278.
“Campaign report” means an itemized report that is prepared in a manner prescribed by the Commission and that provides the information required by Chapters 4 and 5 of this title.
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.
Current Version
Amended by Stats. 2021, Ch. 50, Sec. 135. (AB 378) Effective January 1, 2022. Conditionally superseded; see amendment by Stats. 2025, Ch. 278. Note: This section was added on June 4, 1974, by initiative Prop. 9.
(a)“Contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received or if it is clear from the surrounding circumstances that the payment is not made for political purposes.
(b)“Contribution” includes all of the following:
(1)The purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the candidate’s own money or property used on behalf of the candidate’s candidacy, other than personal funds of the candidate used to pay either a filing fee for a declaration of candidacy or a candidate statement prepared pursuant
to Section 13307 of the Elections Code; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if the services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration.
(2)The transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.
(3)The payment of public moneys by a state or local governmental agency for a communication to the public that satisfies both of the following:
(A)The communication expressly
advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or, taken as a whole and in context, unambiguously urges a particular result in an election.
(B)The communication is made at the behest of the affected candidate or committee.
(4)A payment made by a person to a multipurpose organization as defined and described in Section 84222.
(5)(A) A payment made by a lobbyist or a cohabitant of a lobbyist for costs related to a fundraising event held at the home of the lobbyist, including the value of the use of the home as a fundraising event venue. A payment described in this paragraph is attributable to the lobbyist for purposes of Section 85702.
(B)A payment made by
a lobbying firm for costs related to a fundraising event held at the office of the lobbying firm, including the value of the use of the office as a fundraising event venue.
(c)“Contribution” does not include any of the following:
(1)Amounts received pursuant to an enforceable promise to the extent those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement.
(2)Except as provided in paragraph (5) of subdivision (b), a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant’s home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less.
(3)Volunteer personal services or payments made by any individual for the individual’s own travel expenses if the payments are made voluntarily without any understanding or agreement that they will be, directly or indirectly, repaid to the individual.
(4)A behested payment, as defined in Section 82004.5, but only as to the behesting committee, elected officer, or member of the Public Utilities Commission.
Future Version
Amended by Stats. 2025, Ch. 278, Sec. 6. (AB 808) Effective January 1, 2026. Conditionally operative pursuant to Sec. 78 of Stats. 2025, Ch. 278. Note: This section was added on June 4, 1974, by initiative Prop. 9.
(a)“Contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received or if it is clear from the surrounding circumstances that the payment is not made for political purposes.
(b)“Contribution” includes all of the following:
(1)The purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the candidate’s own money or property used on behalf of the candidate’s candidacy, other than personal funds of the candidate used to pay either a
filing fee for a declaration of candidacy or a candidate statement prepared
pursuant to Section 13307 of the Elections Code; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if the services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration.
(2)The transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.
(3)The payment of public moneys by a state or local governmental agency for a communication to the public that satisfies
both of the following:
(A)The communication expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or, taken as a whole and in context, unambiguously urges a particular result in an election.
(B)The communication is made at the behest of the affected candidate or committee.
(4)A payment made by a person to a multipurpose organization as defined and described in Section 84222.
(5)(A) A payment made by a lobbyist or a cohabitant of a lobbyist for costs related to a fundraising event held at the home of the lobbyist, including the value of the use of the home as a fundraising
event venue. A payment described in this paragraph is attributable to the lobbyist for purposes of Section 85702.
(B)A payment made by a lobbying firm for costs related to a fundraising event held at the office of the lobbying firm, including the value of the use of the office as a fundraising event venue.
(c)“Contribution” does not include any of the following:
(1)Amounts received pursuant to an enforceable promise to the extent those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign report.
(2)Except as provided in paragraph (5) of subdivision (b), a payment
made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant’s home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less.
(3)Volunteer personal services or payments made by any individual for the individual’s own travel expenses if the payments are made voluntarily without any understanding or agreement that they will be, directly or indirectly, repaid to the individual.
(4)A behested payment, as defined in Section 82004.5, but only as to the behesting committee, elected officer, or member of the Public Utilities Commission.
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.
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