FPPC tutorial explains when officials must file behested payment reports and how to complete Form 803

A presenter for the Fair Political Practices Commission outlined how elected officials and California Public Utilities Commission members must report "behested payments" — payments made at an official's behest for legislative, governmental, or charitable purposes — and demonstrated how to complete FPPC Form 803.

The presenter said officials must file a behested payment report when a single source makes payments that "meet or exceed $5,000 in a calendar year," and that the report must be filed "within 30 days" of reaching that threshold. The tutorial notes that once the single-source threshold is met, all subsequent payments from that source in the same calendar year must also be reported within 30 days.

The video distinguishes behested payments from campaign contributions and personal gifts: contributions are payments made for political purposes and are subject to contribution limits and reporting rules, while gifts and income have different thresholds and Form 700 reporting duties. The FPPC presenter emphasized that payments principally for charitable, legislative, or governmental purposes are presumed to be behested payments when an official is involved in soliciting or cooperating with a fundraising solicitation.

The tutorial lays out four components required for Form 803: (1) the behesting official or their agent, (2) the payor (donor), (3) the payee (recipient), and (4) the payment's legislative, governmental, or charitable purpose. Filers must provide payor and payee names and addresses, payment date and amount, and indicate whether the payment was monetary or in-kind (reporting fair market value for donated goods or services).

FPPC regulations discussed include rules specific to donor-advised funds (reg. 18424.3), which require the payor name to include the sponsoring organization, the donor-advised fund, and the donor to the extent known; and rules on solicitations that "feature" an official (reg. 18424.2). The tutorial also covers reg. 18424 and 18424.1, which address payors who are parties to proceedings before the official's agency and the good-faith estimate procedure when payor/payee information is unavailable.

The presenter explained the "public appeal" exemption: a public speech (television, radio, billboard, public online message, or other public speech) soliciting donations generally does not require a behested payment report. But the exemption does not apply if the speech took place at the payee's fundraising event, the official consented in advance to be a featured speaker or to be featured in a solicitation, or the official or immediate family or staff hold decision-making roles or board positions with the payee. The presenter gave an example in which a mayor's televised appeal was initially exempt, but the mayor had a duty to report after learning a local business donated $5,000 in response.

The tutorial explains filing logistics: state officials and CPUC members file Form 803 with their agency, which forwards a copy to the FPPC; the FPPC publishes the reports online. Local elected officials file with their local agency, which forwards copies to the local ethics agency or filing officer. The presenter described how to file amendments (mark the amendment box, provide the original filing date or confirmation number, describe changes) and the requirement to sign and date the form under penalty of perjury.

When exact payor or payment information is not available, the official may use a good-faith estimate under reg. 18424.1, check the estimate box, and later file an amendment within ten days of receiving accurate information. The presenter reminded filers that original Form 803s must be retained by the filing officer for seven years and must be available for public inspection without conditions.

The FPPC tutorial concludes by pointing viewers to the FPPC behested payment reporting webpage, advice letters, a fact sheet, a sample request letter to payees, and contact information for FPPC advice (advice@fppc.ca.gov and phone advice Monday–Thursday, 9:00–11:30 a.m.).