1. (a) A lobbyist “arranges for the making of a gift” within the meaning of Government Code Section 86203 if the lobbyist, either directly or through an agent, does any of the following:

   1. (1) Delivers a gift to the recipient.
   2. (2) Acts as the representative of the donor, if the donor is not present at the occasion of a gift. This does not include accompanying the recipient to an event where the donor will be present.
   3. (3) Invites or sends an invitation to an intended recipient regarding the occasion of a gift.
   4. (4) Solicits responses from an intended recipient concerning the lobbyist's attendance or nonattendance at the occasion of a gift.
   5. (5) Is designated as the representative of the donor to receive responses from an intended recipient concerning the lobbyist's attendance or nonattendance at the occasion of a gift.
   6. (6) Acts as an intermediary in connection with the reimbursement of a recipient's expenses.
2. (b) A lobbyist does not “arrange for the making of a gift” if the lobbyist, either directly or through an agent, solely makes recommendations or provides information to the lobbyist's employer, including information obtained from a third party for that purpose, concerning gifts to a public official.

Note: Authority cited: Section 83112, Government Code. Reference: Section 86203, Government Code.

History

1. New section filed 1-8-86; effective thirtieth day thereafter (Register 86, No. 2).

2. Amendment of subsections (d) and (e) filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). 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 2021, No. 20).

3. Amendment filed 12-13-2022; operative 1-12-2023 pursuant to Cal. Code Regs., tit. 2, section 18312(e). 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 2022, No. 50).