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California’s Pay-to-Play Laws

Posted on February 10, 2009April 15, 2009 by Doug Cornelius
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California requires disclosure of gifts to officials at public agencies. The disclosure is made using Form 801 (.pdf).

This form is for use by all state and local government agencies to disclose payments made to the agency when the payments provide a personal benefit to an official of the agency. Examples may include travel, meals or other benefits. Under certain circumstances, these payments will not result in a gift to the official, but will be considered a gift to the agency. The payments must be used for official agency business and must meet other requirements that are set out in FPPC Regulation 18944.2 (.pdf), which is available on the FPPC website www.fppc.ca.gov. This form must be filed within 30 days of the use of the payment.

California treats the giving of tickets to officials at state and local agencies slightly differently. FPPC Regulation 18944.1 (.pdf) regulates this practice, with disclosure made on Form 802 (.pdf)

There is a whole series form for reporting lobbying activity:

  • Form 601 — Lobbying Firm Registration Statement
  • Form 602 — Lobbying Firm Activity Authorization
  • Form 603 — Lobbyist Employer/Lobbying Coalition Registration Statement
  • Form 604 — Lobbyist Certification Statement
  • Form 605 — Amendment to Registration
  • Form 606 — Notice of Termination
  • Form 607 — Notice of Withdrawal
  • Form 615 — Lobbyist Report
  • Form 625 — Report of Lobbying Firm
  • Form 630 — Payments Made to Lobbying Coalitions
  • Form 635 — Report of Lobbyist Employer/Lobbying Coalition
  • Form 635-C — Payments Received by Lobbying Coalitions
  • Form 640 — Governmental Agencies Reporting
  • Form 645 — Report of $5,000 Filer
  • Form 690 — Amendment to Lobbying Disclosure Report

Fortunately the FPPC put together a Lobbying Disclosure Information Manual (.pdf)

There is an extensive collection of campaign disclosure forms for California.

The key form may be Form 461 — Independent Expenditure Committee and Major Donor Committee Campaign Statement. There is an associated manual: Campaign Disclosure Manual 5 – Information for Major Donor Candidates (.pdf).  Chapter 4 of the Manual (.pdf) details the reporting requirements.

The FPPC Regulations are very long and detailed.

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