Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The terms used in this section are
defined as follows:
(1) "Sponsored committee"
means a committee, other than a controlled committee, which has one or more
sponsors.
(2) "Sponsor" of a
committee means any person (except a candidate, proponent or other individual)
to whom any of the following applies:
(A) The
committee receives 80 percent or more of its contributions either from the
person or from the person's members, officers, employees or shareholders in the
preceding 24 months. A committee must make this determination at the time of
filing each campaign statement based on activity occurring through the end of
the statement period, and, if the committee is required to file a pre-election
statement, upon receiving a contribution during the period between the second
pre-election campaign statement period and the election;
(B) The person collects contributions for the
committee by use of payroll deductions or dues from its members, officers or
employees;
(C) The person provides,
alone or in combination with other organizations, all or nearly all of the
administrative services for the committee; or
(D) The person sets, alone or in combination
with other organizations, the policies for soliciting contributions or making
expenditures of committee funds.
(3) "Intermediate unit" means a chapter,
local, branch, unit or similar component of a sponsor that collects money from
its members, officers, employees or shareholders when, at the time of the
making of the payment, the donor knows or has reason to know that the payment,
or funds with which the payment will be commingled, will be used to make
contributions by the sponsored committee.
(4) "Member" includes a member, employee,
officer, shareholder or any other person affiliated with a sponsor or an
intermediate unit.
(5) "Member
contribution" is a voluntary or mandatory payment made by a member of a sponsor
or an intermediate unit when, at the time of making the payment, the donor
knows or has reason to know that the payment, or funds with which the payment
will be commingled, will be used to make contributions by a sponsored
committee.
(b) In the
case of a sponsored committee:
(1) The
committee shall include the name of its sponsor in the name of the committee.
If the sponsored committee has more than one sponsor and the sponsors are
members of an industry or other identifiable group, the name of the committee
shall include a term identifying that industry or group.
(2) The committee shall indicate on the
committee's statement of organization the industry group or affiliation of the
sponsor.
(3) The sponsor shall file
as a committee if it meets the thresholds set forth in Section
82013 except as provided in
subdivisions (c) through (f).
(c) A sponsor is not a committee within the
meaning of Section
82013 if all of the following
criteria are satisfied:
(1) The sponsor does
not directly or indirectly make or receive a sufficient amount of contributions
or independent expenditures, other than those in support of its sponsored
committee, to satisfy the thresholds set forth in Section
82013. A sponsoring organization
makes contributions and expenditures in support of its sponsored committee when
it provides the committee with member contributions or money from its treasury,
with the exception of establishment or administrative costs (see Regulation
18215(c)(16));
(2) The sponsored
committee reports all contributions and expenditures made in support of the
committee by the sponsor, its intermediate units, and the members of such
entities. With respect to a member contribution which is channeled through the
sponsor or an intermediate unit, the member is the contributor;
(3) The sponsored committee reports as an
intermediary the sponsor and, if required by subdivision (f) of this
regulation, any intermediate unit, as an intermediary, if the sponsor or
intermediate unit directly or indirectly provides the committee with $100 or
more in member contributions regardless of whether any member for whom the
sponsor or intermediate unit acts contributed $100 or more; and
(4) A responsible officer of the sponsor, as
well as the treasurer of the sponsored committee, verifies the committee's
campaign statement pursuant to Section
81004.
(d) A sponsor which is a committee pursuant
to Section 82013 by virtue of making or
receiving contributions or independent expenditures other than those in support
of its sponsored committee:
(1) Need not
report on its campaign statement member contributions to the sponsored
committee if the committee discloses such contributions in compliance with the
standards set forth in subdivisions (c)(2), (c)(3), and (c)(4) of this
regulation;
(2) Must report
contributions or payments for establishment or administrative costs it makes to
the sponsored committee in the form of money from its treasury; and
(3) Must make a prominent reference on its
campaign statement stating the name of its sponsored committee, including the
committee's identification number issued by the Secretary of State's
office.
(e) An
intermediate unit is not a committee pursuant to Section
82013 by virtue of making
contributions and expenditures in support of its sponsor's sponsored committee
or by virtue of acting as an intermediary pursuant to subdivision (c)(3) of
this regulation. An intermediate unit which is a committee by virtue of making
or receiving other contributions or independent expenditures need not disclose
member contributions if the sponsored committee follows the procedures set
forth in subdivision (c)(3) of this regulation for reporting the member
contributions.
(f) An intermediate
unit is reportable as an intermediary on the sponsored committee's campaign
statement pursuant to subdivision (c)(3) of this regulation only if the name of
the intermediate unit is substantially different from the name of the
sponsor.
1. New section
filed 12-1-77; effective thirtieth day thereafter (Register 77, No.
49).
2. Amendment of subsection (b)(4) filed 1-25-80; effective
thirtieth day thereafter (Register 80, No. 4).
3. Amendment filed
2-17-82; effective thirtieth day thereafter (Register 82, No. 8).
4.
Amendment filed 3-3-86; effective thirtieth day thereafter (Register 86, No.
10).
5. Amendment of subsections (a)(3), (a)(5), (c)(1), (d)(3) and
NOTE filed 6-19-96; operative 6-19-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 25).
6. Amendment of subsection (a)(2)(A) filed
10-23-96; operative 10-23-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 43).
7. Amendment of subsections (c)(1) and (d)(2)
filed 5-28-97; operative 5-28-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 22).
8. Change without regulatory effect amending
subsections (a)(2), (a)(3), (a)(5), (b)(3)-(c)(1), (c)(4)-(d) and (e) filed
10-6-2003 pursuant to section
100, title 1, California Code of
Regulations (Register 2003, No. 41).
9. Amendment filed 7-24-2020;
operative 8-23-2020 pursuant to Cal. Code Regs., tit. 2, section
18312(e).
Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL)
(Register 2020, No. 30).
Note: Authority cited: Section
83112,
Government Code. Reference: Sections
82048.7
and
84102,
Government Code.