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Unless the contrary is stated or clearly appears from the context, the definitions set forth in this section shall govern the interpretation of Section 491.2 of this Code:
(a) “Administrative action” means the proposal, drafting, development, consideration, amendment, enactment or defeat by any state agency of any rule, regulation or other action in any rate-making proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 4.5 of Division 3 of Title 2 of the Government Code (beginning with Section 11371).
(b) “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.
(c) “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.
(d) “Elected state office” means the office of Governor, Lieutenant Governor, Attorney General, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, member of the Legislature and a member of the State Board of Equalization.
(e) “Gift” means any payment to the extent the consideration of equal or greater value is not received. Any person 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. The term “gift” does not include informational material such as books, reports, pamphlets, calendars or periodicals. No payment for travel or reimbursement for any expenses shall be deemed “informational material.” Nothing contained in this Article should be interpreted as attempting to circumvent the provisions of Article XVI, Section 6 of the Constitution of California which prohibits making gifts of public funds.
(f) “Legislative official” means any employee or consultant of the California Legislature whose duties are not solely secretarial, clerical, or manual.
(g) “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.
(h) “State” means the State of California.
(i) “State agency” means every state office, department, division, bureau, board and commission, and the Legislature, but does not include the courts or any agency in the judicial branch of government.
(j) “State candidate” means a candidate who seeks nomination or election to any elective state office.
(Amended by Ord. No. 9872 (N.S.), effective 7-19-07)
Cross reference(s) -- Definitions, § 20 et seq.
State law reference(s)--Making gifts of public funds prohibited, Constitution, Art. XVI, § 6.