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.
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.
Elected 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.
Additional information on this state reporting requirement is available on the Fair Political Practices Commission (FPPC) website.
How to File
Under 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.
Form 803 – Paper Copy Behested Payment Report