reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18932.3 - Definition of "Predominant Activity"

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of Government Code Sections
				  89501
				  through
				  89506,
				  speechmaking is presumed to be the "predominant activity" of an individual's
				  business, trade, or profession in the following circumstances:
(a) For a business, trade, or profession in
				existence for one year or more:
(1) During the
				12-month period prior to and including the date of the speech, more than 50
				percent of the hours spent on an individual's business, trade, or profession is
				devoted to the preparation and/or delivery of speeches; or
(2) During the 12-month period prior to and
				including the date of the speech more than 50 percent of the gross income of
				the individual's business, trade, or profession is derived from the preparation
				and/or delivery of speeches.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18932.4 - Exceptions to "Honorarium": General Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
None of the following is an "honorarium," as defined by
				  Government Code Section
				  89501(a),
				  and none is subject to any prohibitions on honoraria.
(a) Information materials as defined by
				California Code of Regulations, Title 2, Section
				18942.1.
(b) A payment received from one's spouse,
				child, parent, grandparent, grandchild, brother, sister, parent-in-law,
				brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin or
				the spouse of any such person. However, a payment from any such person is an
				honorarium if the donor is acting as an agent or intermediary for any person
				not identified in this subdivision.
(c) A campaign contribution required to be
				reported under Chapter 4 (commencing with Section
				84100) of Title 9 of the Government
				Code.
(d) A personalized plaque or
				trophy with an individual value of less than two hundred fifty dollars
				($250).
(e) Free admission, and
				refreshments and similar non-cash nominal benefits provided to a filer during
				the entire event at which the filer gives a speech, participates in a panel or
				seminar, or provides a similar service, and actual intrastate transportation
				and any necessary lodging and subsistence provided directly in connection with
				the speech, panel, seminar, or service, including but not limited to meals and
				beverages on the day of the activity.
(f) Any of the following items, when provided
				to an individual who attends any public or private conference, convention,
				meeting, social event, meal, or like gathering without providing any
				substantive service:
(1) Benefits, other than
				cash, provided at the conference, convention, meeting, social event, meal, or
				gathering.
(2) Free admission and
				food or beverages provided at the conference, convention, meeting, social
				event, meal, or gathering.
(3) The
				foregoing items may be reportable as gifts and limited by Government Code
				Section
				89503.
				Reference should be made to Government Code Section
				82028 and
				to California Code of Regulations, Title 2, Sections
				18940,
et seq
., to
				determine whether or not these items are gifts that are reportable or otherwise
				limited.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18932.5 - Exclusions from "Honorarium": Direct Charitable Donations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following payments are excluded from the definition of
				  "honorarium":
(a) A charitable
				donation, if all of the following apply:
(1)
				The donation is made directly to a bona fide charitable, educational, civic,
				religious, or similar tax-exempt, nonprofit organization, and is not delivered
				to the individual;
(2) The
				individual does not make the donation a condition for the individual's speech,
				article, or attendance;
(3) The
				individual does not claim the donation as a deduction from income for tax
				purposes;
(4) The donation will
				have no reasonably foreseeable financial effect on the individual, or on any
				member of the individual's immediate family; and
(5) The individual is not identified to the
				recipient organization in connection with the donation. If the individual knows
				or has reason to know that a donor intends to make such a donation, the
				individual must inform the donor that the donation cannot be made in the
				individual's name.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18933 - Returning Honoraria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The prohibitions imposed on acceptance of an honorarium by Government Code
				Section
				89502 do
				not apply if, within 30 days of receipt of an honorarium, any of the following
				occurs:
(1) The individual returns the
				honorarium, unused, to the donor or the donor's agent or intermediary, if
				any;
(2) The individual delivers
				the honorarium to the Controller for donation to the General Fund (in the case
				of state officials or candidates), or to the individual's agency for donation
				to an equivalent fund (in the case of local officials or candidates), and does
				not claim the donation as a deduction for income tax purposes; or
(3) If the honorarium is not a payment of
				money and if the individual is unable to comply with subdivision (a)(1) or
				subdivision (a)(2) above, the individual reimburses the donor or the donor's
				agent or intermediary, if any, for the value or use of the
				honorarium.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18935 - Reporting Honoraria. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 11-12-92; operative 12-14-92 (Register 92, No. 46).
2. Change
				  without regulatory effect relocating section filed 11-17-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 46).
3. Amendment of section heading,
				  section and NOTE filed 7-25-95; operative 7-25-95 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 95, No. 30).
4. Repealer filed 10-23-96; operative
				  10-23-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 43).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 87207 and
					 89501
					 through
					 89506,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18940.1 - General Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definition provided in the Act, for
				  purposes of the gift regulations (Regulations 18940 through 18946.6), the
				  following definitions apply:
(a)
(1) Reportable Gift. A "gift" is reportable
				only if it is received from a source that the official is required to identify
				pursuant to the official's filing obligations under the
				Act.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18941 - Receipt, Promise, Acceptance and Return of Gift

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A gift of a rebate or discount is both
				"received" and "accepted" under Section
				89503.5 when the official knows
				that the rebate or discount given to the official is not made in the regular
				course of business to members of the public without regard to official status.
				An official who receives a rebate or discount has the burden of showing that
				the rebate or discount was made in the regular course of business to members of
				the public without regard to official status.
(b) Promise of a Gift. For the purposes of
				Sections 87100 and
				87103(e), a gift
				is "promised" on the date it is offered to the official provided the official
				thereafter obtains actual possession of the gift or takes any action exercising
				direction or control over the gift or, with respect to family members under
				Regulation 18943, on the date the official becomes aware of a promise of a gift
				to a family member provided that the family member obtains actual possession of
				the gift or takes any action exercising direction or control over the
				gift.
(c) General Rule for Return,
				Donation, or Reimbursement of a Gift. Notwithstanding Section
				89503.5, a gift is neither accepted
				nor received if, within 30 days:
(1) The gift
				is returned to the donor, the donor's agent, or the donor's intermediary from
				whom the item was received, unused and without receiving anything of value in
				exchange for the returned payment or;
(2) The gift is donated, unused, to a
				501(c)(3) charitable organization with which the official, or a member of the
				official's immediate family, holds no position, or to a state, local, or
				federal government agency, without being claimed as a deduction for tax
				purposes or;
(3) The official
				reimburses the donor, donor's agent, or the donor's intermediary from whom the
				payment was received, in full, or for a portion thereof. If the donor is not
				reimbursed for the full value of the payment, the value of the gift the
				official has received is reduced by the amount of the
				reimbursement.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18941.1 - Payments for Food. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-12-94; operative 1-12-94 pursuant to Government Code section
				  11346.2(d)
				  (Register 94, No. 2).
2. Change without regulatory effect relocating
				  section filed 11-17-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 46).
3. Change without regulatory
				  effect amending NOTE filed 7-27-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 30).
4. Amendment filed 5-2-2005;
				  operative 5-2-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 18).
5. Repealer 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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82028,
					 87207 and
					 89501
					 through
					 89506,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18942.1 - Definition of "Informational Material."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Informational material" means any goods or service that
				  serves primarily to convey information and that is provided to the official for
				  the purpose of assisting the official in the performance of official duties or
				  the duties of the elective office the official seeks. Informational material
				  may include:
(a) Books, reports,
				pamphlets, calendars, periodicals, photographs, audio and video recordings,
				flash drives, CD-ROMS, or DVD ROMS or other similar recordings, or free or
				discounted admission to informational conferences or seminars.
(b) Scale models, pictorial representations,
				maps, and other such items, provided that when the item has a fair market value
				in excess of the gift limit amount specified in Regulation 18940.2, the burden
				shall be on the recipient to demonstrate that the item is informational
				material.
(c) On-site
				demonstrations, tours, or inspections. Transportation provided to or in
				connection with an on-site demonstration, tour, or inspection is also
				considered "informational material" when any of the following apply:
(1) The transportation serves as the means by
				which the information is conveyed and is integral to the conveyance of the
				information, such as an aerial tour over an area.
(2) The transportation is provided solely at
				the site of a demonstration, tour, or inspection, including to and from an area
				of that site that is legally inaccessible to the public.
(3) The transportation is to or from a site
				when there is no reasonable, publicly-available commercial transportation
				available to that site and the transportation provided is limited to the
				segment for which public transportation is not available.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18942.2 - Definition of Home Hospitality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Home Hospitality. "Home hospitality" means any benefit
				  received by the official, and the official's spouse and family members when
				  accompanying the official, consisting of food, typical home entertainment, or
				  occasional overnight lodging provided by an individual with whom the official
				  has a relationship, connection, or association unrelated to the official's
				  position and the hospitality is provided as part of that relationship,
				  connection, or association in the individual's home when the individual is
				  present. Home hospitality includes any food provided by other guests at the
				  event and benefits received by the official when the official serves as the
				  host. "Home" includes a vacation home owned, rented, or leased, by the
				  individual for use as the individual's residence, including a timeshare with
				  deeded ownership or a continual right-to-use ownership benefit, and a motor
				  home or boat owned, rented, or leased by the individual for use as the
				  individual's residence. "Home" also includes any facility in which the
				  individual has a right-to-use benefit by the individual's home residency, such
				  as a community clubhouse. Any benefit received, other than the use of the
				  premises, by any guests of the official other than the official's spouse and
				  family members who are present at the request of the official or the official's
				  agent are gifts to the official.
1. New section
				  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).
2. Amendment
				  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,
					 87207 and
					 89503,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18942.3 - Definition of Ceremonial Role

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A "ceremonial role" is an act performed at an event by the
				  official as a representative of the official's agency at the request of the
				  holder of the event or function where, for a period of time, the focus of the
				  event is on the act performed by the official. Examples of a ceremonial role
				  include: throwing out the first pitch at a baseball game; cutting a ribbon at
				  an opening; making a presentation of a certificate, proclamation, award, or
				  other item, such as the key to the city. The filing officer of a local
				  jurisdiction may adopt specific policies under this definition that either
				  limit or expand the permissible ceremonial roles for an official in the local
				  jurisdiction. If the local jurisdiction's filing officer does not have
				  policy-making authority, the legislative body may adopt a specific policy. If a
				  separate agency policy is adopted, the policy shall be forwarded to the
				  Commission for posting on the Commission's website.
1. New section
				  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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82028,
					 87207 and
					 89503,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18943 - Gift to Official Through Family Member

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope of Regulation. This regulation
				determines when a payment will be treated as if it were a gift to the official
				even though the payment is made to the official's family member.
(b) For purposes of this regulation, the term
				"family member" means any of the following individuals:
(1) The official's spouse as defined in
				Section 82048.8.
(2) A "dependent child" of the official as
				defined in Regulation 18229.1.
(3)
				The official's child (including an adoptive child or stepchild) who meets all
				of the following criteria:
(A) Is at least 18
				but no more than 23 years old and is a full-time or part-time
				student.
(B) Has the same principal
				place of residence as the official. For purposes of this provision, a place,
				located away from the official's residence, at which the child resides for the
				purpose of attending school, is not the child's "principal place of
				residence."
(C) Does not provide
				over one-half of the individual's own support.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18944 - Payments Made to an Agency for Use by Agency Officials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability. Except as limited below,
				this regulation identifies when a payment that is made to a state or local
				government agency, or any subdivision, department division, bureau, office
				board, or commission of the foregoing and used for official agency business is
				not a gift or income to any official of that agency. This regulation does not
				apply to a pass or ticket as described in Regulation 18944.1, which shall be
				governed by that regulation, or for travel expenses as described in Regulation
				18950.1, which are governed by that regulation.
(b) Definitions.
(1) "Payment" means a payment as defined in
				Section 82044, including the payment for,
				or provision of, fees, goods or services to an agency where the person
				providing the payment has no legal obligation to do so.
(2) "Agency head" means the individual who
				has the ultimate legal authority for the agency, or the individual the agency
				authorizes to determine how the agency uses the payment as provided in
				paragraph (c)(1).
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18944.1 - Gifts: Agency Provided Tickets or Passes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Gift Exemption. A ticket or pass provided
				to an official by the official's agency and distributed and used in accordance
				with a policy adopted by the agency is not a gift under the Political Reform
				Act if all of the following criteria are met:
(1) The distribution of the ticket or pass by
				the agency is made in accordance with a policy adopted by the agency that
				incorporates all of the provisions of subdivision (b) and is maintained as a
				public record as required in subdivision (c).
(2) The distribution of the ticket or pass is
				reported pursuant to subdivision (d).
(3) The ticket or pass is not earmarked by an
				outside source for use by a specific agency official.
(4) The agency determines, in its sole
				discretion, who uses the ticket or pass.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18944.2 - Agency Raffles and Exchanges of Presents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability. This regulation identifies
				when a payment made by a state or local government agency of an item awarded to
				an agency official in a raffle open to all employees of the agency, or the unit
				of the agency holding the raffle, or received in an exchange of presents among
				agency employees, will be treated as a gift to the official.
(b) Agency Raffles.
(1) When an agency holds an employee raffle
				and the item awarded in the raffle has been received by the agency from a
				source other than an agency employee and the agency did not purchase the item
				from its funds, the item is a gift from the source who provided the item to the
				agency to the official who wins the item, and the agency is the intermediary of
				the gift. The value of the gift is the fair market value less any consideration
				that the official paid to participate in the raffle. If the value of the gift
				is $50 or more, the agency and the official shall comply with Section
				87210 or Section
				87313 if applicable.
(2) When an agency holds an employee raffle
				and the item awarded in the raffle has been obtained with agency funds or is
				otherwise an asset of the agency and not donated to the agency by a non-agency
				source, the provisions of Regulation 18944.3 apply.
(3) When an agency holds an employee raffle
				and the item awarded in the raffle has been received by the agency from an
				agency employee who is not acting as an intermediary for another donor, the
				item is not a gift to the employee who wins the raffle.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18944.3 - Gifts from a Government Agency to Officials in that Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided in Regulations 18944 and 18944.1, a
				  payment by a government agency from that agency's assets that provides food,
				  beverage, entertainment, goods, or services of more than a nominal value to an
				  official in that agency is a gift to that official unless the payment is a
				  lawful expenditure of public moneys.
1. New section
				  filed 1-8-2009; operative 2-7-2009. 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) (Register 2009, No. 2).
2.
				  Amendment filed 11-12-2009; operative 12-12-2009. 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) (Register 2009, No.
				  46).
3. Amendment 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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 82028,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18944.4 - Agency Raffles and Gift Exchanges. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 11-12-2009; operative 12-12-2009. 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) (Register 2009, No. 46).
2.
				  Renumbering of former section
				  18944.4 to new section
				  18944.2 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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 82028,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18945 - Source of Gifts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				person who makes the gift to the official(s) is the source of the gift unless
				that person is acting as an intermediary. The person is acting as an
				intermediary for the source of the gift when the gift to the official was
				provided under any of the following conditions:
(1) the person receives a payment from a
				source and the payment is made to the official after the source identifies the
				official as the intended recipient of the gift;
(2) the person receives a payment from a
				source after soliciting the payment with the understanding that the payment
				will be used for the sole or primary purpose of making a gift to an official;
				or
(3) the person receives a
				payment from a source after the payment was solicited by the official or the
				official's agent for the purpose of making a gift to the
				official.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18945.1 - Aggregation of Gifts; "Single" Source

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of the gift limits in Sections
				  86203 and
				  89503, and the Act's reporting
				  requirements, separate gifts from two or more sources are aggregated as being
				  from a single source in any of the following circumstances:
(a) The separate gifts are from an individual
				and an entity in which the individual has an ownership interest of more than 50
				percent unless the individual did not direct and control the gift from the
				entity. An individual who has an ownership interest of more than 50 percent is
				presumed to direct and control the gift from the entity. This presumption may
				be rebutted if the payment is made by another individual who, in fact, directed
				and controlled the payment.
(b) The
				separate gifts are from an individual and an entity and the individual in fact
				directed and controlled the decision of the entity to make the gift.
(c) The gifts are from two or more entities
				and the same person or a majority of the same persons directed and controlled
				the decisions of the entities to make the gifts to the official.
(d) Business entities in a parent-subsidiary
				relationship, or business entities with the same controlling (more than 50
				percent) owner, shall be considered a single source unless the business
				entities acted independently in their decisions to make the gifts. For purposes
				of this regulation, a parent-subsidiary relationship exists when one business
				entity owns more than 50 percent of another business entity.
1. New section
				  filed 1-25-93; operative 1-25-93 (Register 93, No. 5).
2. Change
				  without regulatory effect relocating section filed 11-17-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 46).
3. Amendment of first paragraph,
				  subsections (c)-(d) and NOTE filed 7-25-95; operative 7-25-95 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 95, No. 30).
4. Amendment of section heading and section
				  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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 89501
					 through
					 89506,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18945.2 - Group Gifts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an official receives a gift valued at $50 or more from a
				  group of persons, the official need only report any source(s) of the gift who
				  donates $50 or more to the overall value of the gift. In addition, any donation
				  to the group gift made by any person for whom the official is required to
				  report a gift shall be aggregated with any other gift made by that person. A
				  gift from a single organization is not a group gift from the members of that
				  organization.
1. Renumbering
				  of former section
				  18945.4 to new section
				  18945.2, including 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).
Note: Authority cited Section
					 83112,
					 Government Code. Reference: Sections
					 82028 and
					 87207,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18945.3 - Intermediary of a Gift. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-26-94; operative 1-26-94 pursuant to Government Code section
				  11346.2(d)
				  (Register 94, No. 4).
2. Change without regulatory effect relocating
				  section filed 11-17-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 46).
3. Repealer 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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 86203,
					 87210 and
					 87313,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18945.4 - A Gift from Multiple Donors. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  of section 18726.6 to section
				  18945.4 with amendments filed
				  1-25-93; operative 1-25-93 (Register 93, No. 5).
2. Editorial
				  correction deleting irrelevant HISTORY note (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. Renumbering of former section
				  18945.4 to new section
				  18945.2 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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 82028,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18946.1 - Exception - Valuation of Gifts: Passes and Tickets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless otherwise indicated herein, the
				value of a ticket is the fair value of the ticket. A ticket has no reportable
				value unless it is ultimately used or transferred to another person.
(b) The value of a pass is determined as
				follows:
(1) For purposes of disclosure and
				the gift limits, the value of a pass is equal to the fair value of an
				individual one-time admission multiplied by the actual use of the pass by the
				official and any other individuals who are admitted with the pass up to the
				face value of the pass.
(2) For
				purposes of disqualification, the value of a pass is the fair value. If the
				official returns the pass before the decision, the value is the actual use of
				the pass made prior to the decision, as provided in subdivision
				(b)(1).
(3) A pass has no
				reportable value unless it is ultimately used or transferred to another
				person.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18946.3 - Exception - Valuation of Gifts: Wedding Gifts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding the provisions of Regulation 18943, the value
				  to the official of a wedding gift given to an official and the official's
				  spouse or spouse-to-be is one-half of the gift's total value.
1. Renumbering
				  of former section
				  18726.5 to section
				  18946.3, including amendment of
				  section heading, section and NOTE filed 1-12-94; operative 1-12-94 pursuant to
				  Government Code section
				  11346.2(d)
				  (Register 94, No. 2).
2. Editorial correction deleting irrelevant
				  HISTORY note (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 heading
				  and section 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).
5. Amendment
				  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,
					 87207 and
					 87302,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18946.4 - Exception - Valuation of Gifts: Attendance at Nonprofit or Political Organization Fundraising Event

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This regulation establishes the value of a ticket, or
				  admission by invitation, when the ticket or invitation to attend is to a
				  fundraising event for a nonprofit or political organization.
(a) Nonprofit Fundraiser. Except as provided
				in subdivision (b), the value of a ticket or admission by invitation, to a
				fundraising event for a non-profit, tax-exempt organization that is not a
				committee covered by subdivision (c) is determined as follows:
(1) When the ticket clearly states that a
				portion of the ticket price is a donation to the organization, or the
				organization provides information indicating the portion of the admission price
				that constitutes the donation, the value of the ticket is the nondeductible
				portion of the admission.
(2) If
				there is no ticket, or other official information provided by the organization,
				indicating the value of the nondeductible portion of the admission, the value
				of the admission is the pro-rata share of the cost of any food, catering
				services, entertainment, and any other item provided to the official that is
				available to all guests attending the event, as determined under Regulation
				18946.2 for invitation-only events. Any other specific benefit provided to the
				official at the event, such as golf green fees, is valued at fair market
				value.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18946.5 - Exception - Valuation of Gifts: Air Transportation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Air transportation is valued as follows:
(a) The value of transportation on a
				"commercial flight," is the price the carrier charges the public for the same
				class seat on the flight provided to the official. For purposes of this
				regulation, "commercial flight," means a flight where individual seats are sold
				to the public in the general course of business.
(b) The value of all other air transportation
				is the value of the normal and usual charter fare or rental charge for a
				comparable airplane of comparable size, divided by the number of passengers
				aboard the flight.
1. New section
				  filed 1-25-93; operative 1-25-93 (Register 93, No. 5).
2. Change
				  without regulatory effect relocating section filed 11-17-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 46).
3. Amendment filed 7-25-95;
				  operative 7-25-95 pursuant to Government Code section
				  11343.4(d)
				  (Register 95, No. 30).
4. Repealer of former section
				  18946.5 and renumbering of former
				  section 18946.6 to section
				  18946.5, including 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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82028,
					 87207,
					 87302 and
					 89501-
					 89506,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18946.6 - Reporting and Valuation of Gifts: Air Transportation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-16-2008; operative 8-15-2008. Submitted to OAL for filing pursuant to
				  Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
				  CO10924, 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 2008, No. 29).
2. Renumbering
				  of former section
				  18946.6 to section
				  18946.5 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).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 87207,
					 87302 and
					 89501-
					 89506,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18950 - Travel Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				payment for travel made pursuant to the provisions of Section
				89506(a) is a gift
				and shall be reported pursuant to the provisions of that section. A payment for
				travel made pursuant to an exception provided under Regulations 18950.1 through
				18950.3 is not a gift or honorarium and is subject to reporting only as
				specified in those regulations.
(b)
				For purposes of Section
				89506 and Regulations 18950.1
				through 18950.3, the following definitions apply:
(1) "Payment for travel" means any payment
				that provides transportation to an official from one location to another
				location as well as a payment for lodging and food connected with the
				travel.
(2) "Speech" means making a
				speech, participating on a panel, or making a substantive formal presentation
				at a seminar or similar event.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18950.1 - Exception: Payments for Travel Made in Conjunction with Official Agency Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This regulation identifies certain travel payments that do
				  not confer a personal benefit on an official and sets forth the terms under
				  which these travel payments, when made by a source other than a source
				  identified in Regulation 18950(c)(2), are for the purpose of facilitating the
				  public's business and are therefore not gifts or income because the payment is
				  made for an official agency purpose in lieu of a payment using agency funds.
				  For purposes of this regulation, "government employer" means the state agency
				  as defined in Section
				  82049 or any local government
				  agency, or any subdivision, department, division, bureau, office board, or
				  commission of the foregoing as defined in Section
				  82041, who directs the employee in
				  the performance of the employee's governmental duties.
(a) This regulation applies solely to a
				travel payment that meets all of the following requirements:
(1) The payment is made directly to or
				coordinated with the government employer as set forth in subdivision (b) below
				and not made to the employee using the travel;
(2) The payment is used for official agency
				business as specified in subdivision (c) below;
(3) The government employer determines the
				official who will make use of the payment as provided in subdivision (d)
				below;
(4) The payment provides no
				personal benefit to the official who makes use of the payment as provided in
				subdivision (e) below;
(5) The
				duration of the travel is limited to that necessary to accomplish the purposes
				for which the travel was provided as determined by the governmental employer
				using the same standards imposed for travel paid with government
				funds.
(6) The government employer
				reports the payment as provided in subdivision (f) below.