Behested Payments

Reporting Behested Payments

Under California's transparency laws, an elected official who fundraises or otherwise solicits payments from one individual or organization to be given to another individual or organization may be required to report the payment. Generally, a payment is considered "behested" and subject to reporting if it is made:

• At the request, suggestion, or solicitation of, or made in cooperation, consultation, coordination or concert with the public official; and
• For a legislative, governmental or charitable purpose.

Behested payments subject to reporting do not include gifts made principally for personal purposes, or contributions made for election-related activity to the elected official. While state law limits the amount of gifts and campaign contributions an official may receive, there are no limits on behested payments. However, a reportable behested payment that also results in any personal benefit to the official may be considered a gift to the official even when the payment is not made principally for personal purposes. To the extent a behested payment results in a personal benefit, the payment may require additional reporting as a gift and be subject to the gift limit. State law requires the reporting of behested payments if they total $5,000 or more per calendar year from a single source.

Officials must report the behested payments within 30 days of the date on which the payment meets or exceeds $5,000 from a single source. 

• Form 803  -  E-File Behested Payment Report (State officials can e-file!)
  
• Form 803  -  Paper Copy Behested Payment Report 
• Form 803  -  Behested Payment Report with Digital Signature (for more information on digital signatures please check out our fact sheet)

State Officials:  File the Form 803 with your agency.  Within 30 days of receipt, the state agency must forward a copy to the FPPC: 1102 Q Street, Suite 3050, Sacramento, CA 95811, or email: Form803@fppc.ca.gov. Additionally, the state public official may e-file using the link above.

Local Officials:  File the Form 803 with your agency.  Within 30 days of receipt, the agency must forward a copy to the filing officer who receives the official's original campaign statements. 

Search Behested Payments

Behested payment reports by members of the Assembly, Senate and statewide elected officials are maintained by the FPPC. The FPPC has a dedicated webpage to search behested payment reports. This information is updated on a regular basis. Copies of the full reports are available at the FPPC office in Sacramento.