Article 2 - Gifts - California Government Code

Sections (4)

Current Version

Amended by Stats. 2021, Ch. 50, Sec. 225. (AB 378) Effective January 1, 2022. Conditionally superseded; see amendment by Stats. 2025, Ch. 278.

(a)An elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall not accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250).

(b)(1) A candidate for elective state office, for judicial office, or for elective office in a local government agency shall not accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250). A person shall be deemed a candidate for purposes of this subdivision when the person has filed a statement of organization as a committee for election to a state or local office, a declaration of intent,

or a declaration of candidacy, whichever occurs first. A person shall not be deemed a candidate for purposes of this subdivision after the person is sworn into the elective office, or, if the person lost the election, after the person has terminated the person’s campaign statement filing obligations for that office pursuant to Section 84214 or after certification of the election results, whichever is earlier.

(2)Paragraph (1) does not apply to any person who is a candidate as described in paragraph (1) for judicial office on or before December 31, 1996.

(c)A member of a state board or commission or designated employee of a state or local government agency shall not accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250) if the member or employee would be required to report the receipt of income or gifts from that

source on the member’s statement of economic interests.

(d)This section does not apply to a person in the person’s capacity as judge. This section does not apply to a person in the person’s capacity as a part-time member of the governing board of any public institution of higher education unless that position is an elective office.

(e)This section does not prohibit or limit the following:

(1)Payments, advances, or reimbursements for travel and related lodging and subsistence permitted by Section 89506.

(2)Wedding gifts and gifts exchanged between individuals on birthdays, holidays, and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value.

(f)Beginning on January 1, 1993, the commission shall adjust the gift limitation in this section on January 1 of each odd-numbered year to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars ($10).

(g)The limitations in this section are in addition to the limitations on gifts in Section 86203.

Future Version

Amended by Stats. 2025, Ch. 278, Sec. 65. (AB 808) Effective January 1, 2026. Conditionally operative pursuant to Sec. 78 of Stats. 2025, Ch. 278.

(b)(1) A candidate for elective state office, for judicial office, or for elective office in a local government agency shall not accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250). A person shall be deemed a candidate for purposes of this subdivision when the person has filed a committee registration for election to a state or local office, a

declaration of intent, or a declaration of candidacy, whichever occurs first. A person shall not be deemed a candidate for purposes of this subdivision after the person is sworn into the elective office, or, if the person lost the election, after the person has terminated the person’s campaign filing obligations for that office pursuant to Section 84214 or after certification of the election results, whichever is earlier.

(2)Paragraph (1) does not apply to any person who is a candidate as described in paragraph (1) for judicial office on or before December 31, 1996.

(c)A member of a state board or commission or designated employee of a state or local government agency shall not accept

gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250) if the member or employee would be required to report the receipt of income or gifts from that source on the member’s statement of economic interests.

(e)This section does not prohibit or limit the following:

(1)Payments, advances, or reimbursements for travel and related lodging and subsistence permitted by Section

89506.

(2)Wedding gifts and gifts exchanged between individuals on birthdays, holidays, and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value.

(g)The limitations in this section are in addition to the limitations on gifts in Section 86203.

§ 89503.5

Added by Stats. 2019, Ch. 312, Sec. 20. (AB 902) Effective January 1, 2020.

A gift is both “received” and “accepted” when the public official, or the official’s immediate family member, knowingly takes actual possession of the gift, is provided the benefit of the gift, or takes any action exercising direction or control of the gift.

§ 89504

Added by Stats. 2023, Ch. 112, Sec. 4. (SB 698) Effective January 1, 2024.

(a)The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department are not a gift to a state elective or appointive officer for the purposes of this article.

(b)For purposes of this section, a California Science and Technology Policy Fellow is “duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department” only if both of the following requirements are satisfied:

(1)The California Science and Technology Policy Fellow has been

selected according to criteria, and pursuant to a process, included in the executed memorandum of understanding between the council and an executive branch agency or department.

(2)The California Council on Science and Technology has executed an agreement with an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state.

(c)This section does not constitute a change in, but is declaratory of, existing law.

§ 89504.8

Added by Stats. 2024, Ch. 238, Sec. 4. (AB 2573) Effective January 1, 2025.

(a)The services of a policy fellow provided by an association are not a gift to a state elective or appointive officer for the purposes of this article.

(b)For the purposes of this section, “association” means any of the following organizations that are exempt from taxation

under Section 501(c)(3) of the federal Internal Revenue Code:

(1)The Asian Pacific Islander Capitol Association.

(2)The California Legislative Black Staff Association.

(3)The Capitol LGBTQ Association.

(4)The California Latino Capitol Association Foundation.

(c)This section does not constitute a change in, but is declaratory of, existing law.