EthicsGifts

Section § 89503

Explanation

This law restricts elected state and local officials, candidates for office, and certain government employees from accepting gifts valued over $250 from a single source in a calendar year. Candidates for office are considered such until they either win and assume office, lose and fulfill filing obligations, or election results are certified. Exceptions exist, such as for judicial candidates before 1997, judges, certain board members, and specific travel-related payments or gifts for customary occasions. The gift limit is adjusted based on the Consumer Price Index every two years.

(a)CA Government Code § 89503(a) An elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall not accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250).
(b)Copy CA Government Code § 89503(b)
(1)Copy CA Government Code § 89503(b)(1) A candidate for elective state office, for judicial office, or for elective office in a local government agency shall not accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250). A person shall be deemed a candidate for purposes of this subdivision when the person has filed a statement of organization as a committee for election to a state or local office, a declaration of intent, or a declaration of candidacy, whichever occurs first. A person shall not be deemed a candidate for purposes of this subdivision after the person is sworn into the elective office, or, if the person lost the election, after the person has terminated the person’s campaign statement filing obligations for that office pursuant to Section 84214 or after certification of the election results, whichever is earlier.
(2)CA Government Code § 89503(b)(2) Paragraph (1) does not apply to any person who is a candidate as described in paragraph (1) for judicial office on or before December 31, 1996.
(c)CA Government Code § 89503(c) A member of a state board or commission or designated employee of a state or local government agency shall not accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250) if the member or employee would be required to report the receipt of income or gifts from that source on the member’s statement of economic interests.
(d)CA Government Code § 89503(d) This section does not apply to a person in the person’s capacity as judge. This section does not apply to a person in the person’s capacity as a part-time member of the governing board of any public institution of higher education unless that position is an elective office.
(e)CA Government Code § 89503(e) This section does not prohibit or limit the following:
(1)CA Government Code § 89503(e)(1) Payments, advances, or reimbursements for travel and related lodging and subsistence permitted by Section 89506.
(2)CA Government Code § 89503(e)(2) Wedding gifts and gifts exchanged between individuals on birthdays, holidays, and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value.
(f)CA Government Code § 89503(f) Beginning on January 1, 1993, the commission shall adjust the gift limitation in this section on January 1 of each odd-numbered year to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars ($10).
(g)CA Government Code § 89503(g) The limitations in this section are in addition to the limitations on gifts in Section 86203.
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Section § 89503.5

Explanation

This law states that a public official or their immediate family member is considered to have 'received' and 'accepted' a gift if they take possession of it, benefit from it, or exercise any control over it.

A gift is both “received” and “accepted” when the public official, or the official’s immediate family member, knowingly takes actual possession of the gift, is provided the benefit of the gift, or takes any action exercising direction or control of the gift.
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Section § 89504

Explanation

This law clarifies that when a California Science and Technology Policy Fellow works with a state agency or department, their services are not considered a 'gift' to state officials. For this to apply, two conditions must be met: The Fellow must be chosen according to a memorandum of understanding (MOU) between the California Council on Science and Technology and a state agency, and the Fellow must agree to follow specific conduct and disclosure rules set by the state. Finally, this law simply explains existing rules and doesn’t actually change any laws.

(a)CA Government Code § 89504(a) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department are not a gift to a state elective or appointive officer for the purposes of this article.
(b)CA Government Code § 89504(b) For purposes of this section, a California Science and Technology Policy Fellow is “duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department” only if both of the following requirements are satisfied:
(1)CA Government Code § 89504(b)(1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, included in the executed memorandum of understanding between the council and an executive branch agency or department.
(2)CA Government Code § 89504(b)(2) The California Council on Science and Technology has executed an agreement with an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state.
(c)CA Government Code § 89504(c) This section does not constitute a change in, but is declaratory of, existing law.
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Section § 89504.8

Explanation

This law clarifies that the services of a policy fellow provided by certain associations are not considered gifts to state officials. An association, in this context, refers to specified organizations like the Asian Pacific Islander Capitol Association, California Legislative Black Staff Association, Capitol LGBTQ Association, and California Latino Capitol Association Foundation, all of which are tax-exempt under federal law. Finally, this law section is not introducing new rules but is affirming what has already been established.

(a)CA Government Code § 89504.8(a) The services of a policy fellow provided by an association are not a gift to a state elective or appointive officer for the purposes of this article.
(b)CA Government Code § 89504.8(b) For the purposes of this section, “association” means any of the following organizations that are exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code:
(1)CA Government Code § 89504.8(b)(1) The Asian Pacific Islander Capitol Association.
(2)CA Government Code § 89504.8(b)(2) The California Legislative Black Staff Association.
(3)CA Government Code § 89504.8(b)(3) The Capitol LGBTQ Association.
(4)CA Government Code § 89504.8(b)(4) The California Latino Capitol Association Foundation.
(c)CA Government Code § 89504.8(c) This section does not constitute a change in, but is declaratory of, existing law.
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