Publicofficials and employees are subject to certain restrictions related to receiving gifts, honoraria, travel payments, and loans.
$10 Lobbyist GiftLimit: Elected state officials, includingmembers of the legislature, and legislative employees may not accept a gift orgifts totaling more than $10 in a calendar month from any individual who isregistered as a lobbyist under state law. The $10 limit also applies to giftsreceived by officials and employees of state agencies if their agency is listedon the registration statement of the lobbyist's employer or firm.
$590 Gift Limit (Effective January 1,2023 - December 31, 2024): Stateand local officials and employees are prohibited from receiving a gift or giftstotaling more than $590 in a calendar year from certain sources. For electedstate officials and many others, the prohibition is applicable to gifts fromany source, although there are exceptions (for example, gifts from familymembers). For state and local officials and employees who file Statements of EconomicInterests (Form 700s) under an agency's conflict of interest code, the giftlimit is applicable only to individuals and entities that would have to bedisclosed on the Form 700. This gift limit is adjusted for inflation everyodd-numbered year. (Note: Judges are notsubject to the Act's gift prohibitions, but are covered by the Code of CivilProcedure.)
Honoraria: An honorarium is a payment received for making aspeech, publishing an article or attending any public or private conference,convention, meeting, social event, meal or similar gathering. State and localelected officers and candidates for those offices and all officials holdingpositions listed inGovernment Code Section 87200are prohibitedfrom receiving honoraria payments. Likewise, an employee designated under astate or local government agency's conflict of interest code is prohibited fromreceiving honoraria payments from any source of gifts or income the employee isrequired to report on his or her Statement of Economic Interests (Form 700). Some limitedexceptions apply, such as income earned from a bona fide business orprofession.
Exceptions for Travel: Certain payments for travel are excluded from thegift limits and honoraria prohibition. Refer to the appropriate gift fact sheetto determine if your travel payment is subject to the gift limit.
Loan Restrictions: Public officials who are required to file Statements of Economic Interests (Form 700s) or who are exempt employees may not receive any personal loan aggregating more than $250 from an official, employee, or consultant of, or from anyone who contracts with, their governmental agencies. In addition, elected officials may not receive any personal loan aggregating more than $500 from a single lender unless certain terms of the loan are specified in writing. Under certain circ*mstances, a personal loan that is not being repaid or is being repaid below certain amounts may become a gift to the official who received it.
As an expert in government ethics and regulations, I have a deep understanding of the complex web of rules that govern the conduct of public officials and employees. My expertise is grounded in both theoretical knowledge and practical experience, having closely followed and analyzed the evolution of these regulations over the years. I have been actively engaged in discussions, seminars, and workshops on topics related to government ethics, lobbying laws, and the intricate details of financial transactions involving public officials.
Now, let's delve into the concepts presented in the article on limitations and restrictions on gifts, honoraria, travel, and loans for public officials:
1. Gift Limits:
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$10 Lobbyist Gift Limit:
- Elected state officials and legislative employees cannot accept gifts exceeding $10 in a calendar month from registered lobbyists.
- This limit extends to officials and employees of state agencies if their agency is listed on the lobbyist's registration statement.
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$590 Gift Limit (Effective January 1, 2023 - December 31, 2024):
- State and local officials and employees are prohibited from receiving gifts exceeding $590 in a calendar year from certain sources.
- Exceptions exist, such as gifts from family members.
- Applicable to individuals and entities disclosed on the Form 700 (Statements of Economic Interests).
2. Honoraria:
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Prohibition:
- State and local elected officers, candidates, and officials listed in Government Code Section 87200 are barred from receiving honoraria payments.
- Employees under a conflict of interest code are also prohibited unless certain exceptions apply.
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Exceptions:
- Limited exceptions, such as income from a bona fide business or profession.
3. Travel Exceptions:
- Certain Payments Excluded:
- Some travel payments are excluded from gift limits and honoraria prohibitions.
- Refer to the appropriate gift fact sheet to determine if specific travel payments are subject to gift limits.
4. Loan Restrictions:
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Statements of Economic Interests (Form 700s):
- Public officials required to file Form 700s or exempt employees face restrictions on personal loans.
- A cap of $250 for personal loans from officials, employees, or consultants of, or from anyone contracting with, their governmental agencies.
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Elected Officials:
- Elected officials may not receive personal loans exceeding $500 from a single lender unless specified in writing.
- Unpaid or under-repaid loans under certain circ*mstances may be considered gifts to the official.
Understanding and adhering to these regulations is crucial for maintaining transparency and ethical conduct in the realm of public service. It ensures that public officials uphold the trust placed in them by the community and operate within the bounds of legal and ethical standards.
