Tuesday, January 10, 2012

FPPC release new factsheet on Gift Disclosure for California lobbyists and officials

California's Fair Political Practice Commission recently revised its rules on gifts.  The revisions became effective on January 1, 2012. The FPPC released this factsheet of FAQs pertaining to the gift disclosure rules.

The following Questions & Answers are particularly relevant to nonprofits in California:

Question 15
Q. Is a ticket or pass provided to an official for his or her admission to an event at which the official performs a ceremonial role or function on behalf of the public agency reportable on the official’s Form 700?

A. No. However, the agency must complete FPPC Form 802 and forward to the FPPC. The form will identify the official’s name and explain the ceremonial function.

Question 16
Q. Would a non-profit organization be the source of gifts conferred on officials when the non-profit organization pays for officials to travel nationally and internationally on trips related to climate policy? This trip is funded by donations from corporations and businesses with matters before state elected officials and state agencies.

A. Generally, the reportable source of the gifts to officials would be the sponsors who donated money to the non-profit organization. Thus, the benefit of the gift received by the official would be pro-rated among the donors. Each reportable donor would be subject to the $420 gift limit and identified on the official’s Form 700. Contact the FPPC for specific guidance.

Question 19
Q. A state legislator and a planning commissioner were guest speakers at an association’s event. Travel expenses were paid by the association and the event was held in California. Is this reportable?

A. The payment is reportable, but not subject to the gift limits. In general, payments for speeches are not limited, but are reportable. The rules require that the speech be reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy; and the travel payment must be limited to actual transportation and related lodging and subsistence the day immediately preceding, the day of, and the day immediately following the speech.

For more information on California's gift rules, please visit the FPPC's website, or contact Alliance for Justice at advocacy@afj.org or 510-444-6070.

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