§ 18215.3. ‘‘Behested Payments” Reporting.

(a) Except as provided in subdivisions (b) and (c) below, for purposes of behested payment reporting as required by Sections 82015(b)(2) and (b)(3), “made at the behest of” means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of the elected officer, Public Utilities Commission (“PUC”) member, or his or her agent.

(b) A payment is not “made at the behest of” an elected officer under Section 82015(b)(2)(B)(iii) or a PUC member under Section 82015(b)(3) and is not subject to behested payment reporting if the payment is made in response to a fundraising solicitation from a charitable organization requesting a payment where the solicitation does not feature an elected officer or PUC member.

(1) For purposes of this regulation, “features an elected officer or PUC member” has the same meaning as found in Regulation 18901(c)(2): “‘Features an elected officer’ means that the item mailed includes the elected officer's photograph or signature, or singles out the elected officer by the manner of display of his or her name or office in the layout of the document, such as by headlines, captions, type size, typeface, or type color.”

(2) An elected officer or PUC member is also featured in a solicitation if the roster or letterhead listing the governing body contains a majority of elected officers (Section 82015(b)(2)(B)(iii)) or PUC members (Section 82015(b)(3)).

(c) A payment is not “made at the behest” of an elected officer under Section 82015(b)(2)(B)(iii) or PUC member under Section 82015(b)(3) and is not subject to reporting if the elected officer or PUC member makes a request for a payment 1) from a local, state, or federal governmental agency and 2) that payment will be used in the regular course of official agency business of the elected officer or PUC member's agency.

HISTORY

1. New section filed 4-10-2012; operative 5-10-2012. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2012, No. 15).

2. Change without regulatory effect amending subsections (b) and (c) filed 7-16-2012; operative 7-16-2012. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2012, No. 29).

Note

Note: Authority cited: Section 83112, Government Code. Reference: Section 82015, Government Code.