§ 18640. Activity Expenses.

(a) When reporting activity expenses as required under Section 86112 for events described under Regulation 18946.2, subdivisions (a) and (b), the value of the expense reported by any person required to file a periodic report under Article 1 of Chapter 6 of this title for each reportable person attending the event shall be calculated as provided in Regulation 18946.2(b).

(b) Notwithstanding subdivision (a) of this regulation, if an official notifies the filer, in writing, that the official attended the event but that the official did not stay for any meal or entertainment, and that the official received only minimal appetizers and drinks, the value of the gift received is the value of any specific item, other than food, that is presented to the official and guest accompanying the official at the event. For purposes of this subdivision, “entertainment” means a feature show or performance intended for an audience, and does not include music provided for background ambiance.

Upon receiving the above notification from the official, the value of the expense reported by the filer may be reported to reflect the value of gift pursuant to this regulation.

COMMENT: Cross-reference: See Regulation 18946.2, subdivision (e).

HISTORY

1. New section filed 5-2-2005; operative 5-2-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 18).

2. Amendment filed 8-7-2012; operative 9-6-2012. 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. 32).

Note

Note: Authority cited: Section 83112, Government Code. Reference: Sections 86112 and 86112.5, Government Code.