California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18946.2 - Exception - Valuation of Gifts: Attendance at Invitation-Only Events

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The valuation
				of attendance at an invitation-only event under this regulation applies to the
				official and one guest of the official attending the event.
(b) Invitation-Only Events. Except as
				provided in subdivisions (d) through (f) of this regulation, and in Regulation
				18946.4, the admission value of the benefit received by an official and one
				guest who attend an invitation-only event, is the official's and the guest's
				pro-rata share of the cost of the food, catering services, entertainment, and
				any item provided to the official and guest that is available to all guests
				attending the event. Any other specific benefit provided to the official and
				guest at the event, such as golf green fees, is valued at fair market
				value.
(c) "Pro-rata share of the
				cost of the food, catering services, entertainment, and any item provided to
				the official." The term "pro-rata share of the cost of the food, catering
				services, entertainment, and any item provided to the official and guest" means
				the cost of all food, catering services, entertainment, and any specific item
				presented to all attendees as part of the event, divided by the number of
				acceptances or the number of attendees.
(d) Official or Ceremonial Functions. When an
				official performs an official or ceremonial function at an invitation-only
				event, as set forth in subdivision (b) of this regulation, in which the
				official is invited to participate by the event's sponsor or organizer to
				perform an official or ceremonial function, the value received is the pro rata
				cost of any meal provided to the official and guest plus the value of any
				specific item that is presented to the official and the guest at the
				event.
(e) Drop-In Visit. Except as
				provided in subdivision (f) of this regulation, if an official attends an
				invitation-only event and does not consume any meal or stay for any
				entertainment and consumes only minimal appetizers and drinks, the value of the
				gift received is the value of any specific item, other than food, presented to
				the official and guest accompanying the official at the event.
(f) Lobbyists, Lobbying Firms, and Lobbyists
				Employers. When an official attends an invitation-only event sponsored by any
				person required to file a periodic statement under Article 1 of Chapter 6 of
				the Act, the value of the gift is determined pursuant to the provisions of
				Regulation 18640.
For purposes of this regulation, "entertainment" means a
				  feature show or performance intended for an audience, and does not include
				  music provided for background ambiance.
1. Renumbering
				  of section 18726.4 to section
				  18946.2 with amendment of section
				  heading, text and NOTE filed 1-25-93; operative 1-25-93 (Register 93, No.
				  5).
2. Editorial correction deleting irrelevant HISTORY notes
				  (Register 94, No. 25).
3. Change without regulatory effect
				  relocating section filed 11-17-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 46).
4. Amendment of section and NOTE
				  filed 7-25-95; operative 7-25-95 pursuant to Government Code section
				  11343.4(d)
				  (Register 95, No. 30).
5. Amendment of section heading and section
				  filed 5-2-2005; operative 5-2-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 18).
6. Amendment of section heading, section
				  and NOTE filed 1-23-2012. Pursuant to California Code of Regulations, title 2,
				  section 18313(e), FPPC has
				  designated an effective date of 1-1-2012. 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 2012, No. 4).
7. Amendment of
				  subsection (d) filed 5-12-2021; operative 6-11-2021 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 2021, No. 20).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82028,
					 86201,
					 86203,
					 87103,
					 87207,
					 87302 and
					 89501-
					 89506,
					 Government Code.