Elected Official Behested Payments State Reporting Requirement (FPPC Form 803)

Under current law, elected officials in California are required to publicly disclose certain payments they ask others to make for legislative, governmental, or charitable purposes. State law requires reporting of these “behested payments” if they total $5,000 or more per calendar year from a single source.

Note: Effective January 23, 2022, San Francisco City law bans certain officials, including elected officials, from soliciting any behested payments from persons defined in the law as an “interested party.” For more information click here. San Francisco elected officials who solicit behested payments from a person who is not an “interested party” under local law must continue to comply with applicable State disclosure requirements described below.

 

Under California’s transparency laws, an elected official who fundraises or otherwise solicits payments from one individual or organization to be given to another individual or organization may be required to report the payment. Generally, a payment is considered “behested” and subject to reporting if:

  • it is made at the request, suggestion, or solicitation of, or made in cooperation, consultation, coordination or concert with the public official;
  • it is made for a legislative, governmental or charitable purpose; and
  • it does not qualify as a gift (made for personal purposes), or a contribution (made for election-related activity) to the elected official.

While state law limits the amount of gifts and campaign contributions an official may receive, there are no limits on behested payments. However, state law requires the reporting of behested payments if they total $5,000 or more per calendar year from a single source.

Officials must report the behested payments within 30 days of the date on which the payment meets or exceeds $5,000 from a single source. There are no reporting requirements for payments up to $4,999.99 from a single source per calendar year.

Note: The FPPC recently adopted new regulations requiring additional disclosure for behested payment reports in certain circumstances. The new regulations went into effect on December 22, 2021. To see the text of the new regulations go to the FPPC’s Newly Adopted, Amended, or Repealed Regulations page. For more information regarding Form 803, please visit the FPPC’s New Behested Payment Reporting Rules and Completing the Form 803 page.

How to File

Under current State law, the Form 803 is filed only on paper. Elected official’s should file their FPPC Form 803 directly with their agency. Within 30 days of receipt of the Form 803, the elected official’s agency must forward a copy of the report to the Ethics Commission where it will be posted online for transparency purposes.

Form 803  –  Paper Copy Behested Payment Report

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