Article 2. Disclosure of California Government Code >> Title 9. >> Chapter 7. >> Article 2.
This article is applicable to elected state officers, judges
and commissioners of courts of the judicial branch of government,
members of the Public Utilities Commission, members of the State
Energy Resources Conservation and Development Commission, members of
the Fair Political Practices Commission, members of the California
Coastal Commission, members of the High-Speed Rail Authority, members
of planning commissions, members of the board of supervisors,
district attorneys, county counsels, county treasurers, and chief
administrative officers of counties, mayors, city managers, city
attorneys, city treasurers, chief administrative officers and members
of city councils of cities, and other public officials who manage
public investments, and to candidates for any of these offices at any
election.
Every candidate for an office specified in Section 87200
other than a justice of an appellate court or the Supreme Court shall
file no later than the final filing date of a declaration of
candidacy, a statement disclosing his or her investments, his or her
interests in real property, and any income received during the
immediately preceding 12 months.
This statement shall not be required if the candidate has filed,
within 60 days prior to the filing of his or her declaration of
candidacy, a statement for the same jurisdiction pursuant to Section
87202 or 87203.
(a) Every person who is elected to an office specified in
Section 87200 shall, within 30 days after assuming the office, file a
statement disclosing his or her investments and his or her interests
in real property held on the date of assuming office, and income
received during the 12 months before assuming office. Every person
who is appointed or nominated to an office specified in Section 87200
shall file such a statement not more than 30 days after assuming
office, provided, however, that a person appointed or nominated to
such an office who is subject to confirmation by the Commission on
Judicial Appointments or the State Senate shall file such a statement
no more than 10 days after the appointment or nomination.
The statement shall not be required if the person has filed,
within 60 days prior to assuming office, a statement for the same
jurisdiction pursuant to Section 87203.
(b) Every elected state officer who assumes office during the
month of December or January shall file a statement pursuant to
Section 87203 instead of this section, except that:
(1) The period covered for reporting investments and interests in
real property shall begin on the date the person filed his or her
declarations of candidacy.
(2) The period covered for reporting income shall begin 12 months
prior to the date the person assumed office.
Every person who holds an office specified in Section 87200
shall, each year at a time specified by commission regulations, file
a statement disclosing his investments, his interests in real
property and his income during the period since the previous
statement filed under this section or Section 87202. The statement
shall include any investments and interest in real property held at
any time during the period covered by the statement, whether or not
they are still held at the time of filing.
Every person who leaves an office specified in Section 87200
shall, within thirty days after leaving the office, file a statement
disclosing his investments, his interests in real property, and his
income during the period since the previous statement filed under
Sections 87202 or 87203. The statement shall include any investments
and interests in real property held at any time during the period
covered by the statement, whether or not they are still held at the
time of filing.
A person who completes a term of an office specified in
Section 87200 and within 45 days begins a term of the same office or
another such office of the same jurisdiction is deemed not to assume
office or leave office.
If an investment or an interest in real property is required
to be disclosed under this article, the statement shall contain:
(a) A statement of the nature of the investment or interest.
(b) The name of the business entity in which each investment is
held, and a general description of the business activity in which the
business entity is engaged.
(c) The address or other precise location of the real property.
(d) A statement whether the fair market value of the investment or
interest in real property equals or exceeds two thousand dollars
($2,000) but does not exceed ten thousand dollars ($10,000), whether
it exceeds ten thousand dollars ($10,000) but does not exceed one
hundred thousand dollars ($100,000), whether it exceeds one hundred
thousand dollars ($100,000) but does not exceed one million dollars
($1,000,000), or whether it exceeds one million dollars ($1,000,000).
(e) In the case of a statement filed under Sections 87203 or
87204, if the investment or interest in real property was partially
or wholly acquired or disposed of during the period covered by the
statement, the date of acquisition or disposal.
(f) For purposes of disclosure under this article, "interest in
real property" does not include the principal residence of the filer
or any other property which the filer utilizes exclusively as the
personal residence of the filer.
(a) If income is required to be reported under this article,
the statement shall contain, except as provided in subdivision (b):
(1) The name and address of each source of income aggregating five
hundred dollars ($500) or more in value, or fifty dollars ($50) or
more in value if the income was a gift, and a general description of
the business activity, if any, of each source.
(2) A statement whether the aggregate value of income from each
source, or in the case of a loan, the highest amount owed to each
source, was at least five hundred dollars ($500) but did not exceed
one thousand dollars ($1,000), whether it was in excess of one
thousand dollars ($1,000) but was not greater than ten thousand
dollars ($10,000), whether it was greater than ten thousand dollars
($10,000) but not greater than one hundred thousand dollars
($100,000), or whether it was greater than one hundred thousand
dollars ($100,000).
(3) A description of the consideration, if any, for which the
income was received.
(4) In the case of a gift, the amount and the date on which the
gift was received, and the travel destination for purposes of a gift
that is a travel payment, advance, or reimbursement.
(5) In the case of a loan, the annual interest rate, the security,
if any, given for the loan, and the term of the loan.
(b) If the filer's pro rata share of income to a business entity,
including income to a sole proprietorship, is required to be reported
under this article, the statement shall contain:
(1) The name, address, and a general description of the business
activity of the business entity.
(2) The name of every person from whom the business entity
received payments if the filer's pro rata share of gross receipts
from that person was equal to or greater than ten thousand dollars
($10,000) during a calendar year.
(c) If a payment, including an advance or reimbursement, for
travel is required to be reported pursuant to this section, it may be
reported on a separate travel reimbursement schedule which shall be
included in the filer's statement of economic interest. A filer who
chooses not to use the travel schedule shall disclose payments for
travel as a gift, unless it is clear from all surrounding
circumstances that the services provided were equal to or greater in
value than the payments for the travel, in which case the travel may
be reported as income.
Except in statements required by Section 87203, investments
and interests in real property which have been disclosed on a
statement of economic interests filed in the same jurisdiction within
the previous 60 days may be incorporated by reference.
When a statement is required to be filed under this article,
every person specified in Section 87200 shall disclose any business
positions held by that person. For purposes of this section,
"business position" means any business entity in which the filer is a
director, officer, partner, trustee, employee, or holds any position
of management, 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 in the jurisdiction at any time
during the two years prior to the date the statement is required to
be filed.
No person shall make a gift totaling fifty dollars ($50) or
more in a calendar year to a person described in Article 2 on behalf
of another, or while acting as the intermediary or agent of another,
without disclosing to the recipient of the gift both his own full
name, street address, and business activity, if any, and the full
name, street address, and business activity, if any, of the actual
donor. The recipient of the gift shall include in his Statement of
Economic Interests the full name, street address, and business
activity, if any, of the intermediary or agent and the actual donor.