Reporting Behested Payments - Form 803

Under California's transparency laws, an elected official or California Public Utilities Commission (PUC) member must report payments made for a charitable, legislative or governmental purpose at their behest (“behested payments”) totaling $5,000 or more in a calendar year from a single source.

What is a Behested Payment?

Generally, a payment is considered "behested" and subject to reporting if it is made:

• Under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of an elected official or member of the PUC; and
• It is made for a legislative, governmental, or charitable purpose.

Why is there a Duty to Report?

Unlike gifts and contributions, there are no limits on the amount of payments an official may behest. The purpose of the “behested payment” reporting requirements is to capture these payments that are not direct contributions to elected officials or gifts but involve the official. Reporting at the required level – when payments reach the $5,000 from a single source in a calendar year – provides important transparency to the public. 

A behested payment that results in a personal benefit to an official may also constitute a “gift” to that official subject to the gift rules, including applicable reporting requirements, gift limits, and potential disqualification.

Reporting Behested Payments

An official must report any single source of behested payments totaling $5,000 or more, in the aggregate, in a calendar year. Officials must report the behested payments within 30 days of meeting or exceeding the $5,000 threshold. All subsequent payments from that source in the calendar year must also be reported within the 30 days of the payment.

Behested Payment Report (Form 803) with Instructions

• Form 803 - Behested Payment Report (PDF)
• Form 803 - Behested Payment Report (E-File Link for State Officials)

For additional assistance, please view the Behested Payment Report (Form 803) Fact Sheet.

Where to File

• 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. (Alternately, the state official may e-file using the link above.) The form is reviewed by the official’s filing officer. A copy is sent to FPPC and posted on the Form 803 (Behested Payments) Search.
• 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

• State Officials: Access our Form 803 (Behested Payments) Search to view behested payment reporting data. Copies of the full reports are public records available upon request sent to CPRA@fppc.ca.gov.
• Local Officials: Please contact the official’s agency for copies of behested payment reports.

The Form 803 must identify the behesting official’s name, address, and contact information, as well as the name and address of the person making the payment (the “payor”), the name and address of the person receiving the payment (“the payee”), the date and amount of the payment (using the fair market value for donated in-kind goods or services).

Additional disclosure may be required where the behesting official has a relationship with a nonprofit payee or a payor had a proceeding before the official at the time of the payment or in the preceding 12 months. (Regulation 18424.) Also, estimated payment information may be reported if the official has made reasonable efforts to obtain the payment information from the payee prior to the reporting deadline. (Regulation 18424.1.) For a full discussion of the disclosure requirements, please refer to the Form 803 Instructions.

Charitable Solicitations

A payment made in response to a charitable solicitation that “features” an elected official is considered a “behested payment” made at the featured official’s behest where that official, including through their agent, consents to be featured.

An official is featured in a solicitation if it includes the official’s photograph, signature, or singles out the name or office of the official by manner of display in the solicitation’s layout, or if the solicitation lists the official in a roster or letterhead listing of its governing board, and the board includes a majority of elected officials or CPUC members. (Regulation 18424.2.)

Reporting Exemption – Public Appeal for Payment

Effective January 1, 2026, there is no reporting duty if the elected official makes a public appeal for payment by means of:

• Television or Radio
• Billboard
• Public message on an online platform, or
• Public speech (unless it occurs at a fundraising event and the official consented in advance to speak, the official consented to be featured in a solicitation, or the official solicits contributions to the payee organization.)

The “public appeal” exception does not apply if the official has:

• A Role at Payee Nonprofit or Private Organization. The exception does not apply if the official, a member of their immediate family, campaign staff or officeholder staff is in a decision-making role, a salaried employee, an honorary or advisory board member, or a founding member of the payee nonprofit or private organization.
• Knowledge of the Payment. The exception does not apply if the official learns of a specific payment made in response to their public appeal within two years of the payment’s date. (The 30-day reporting deadline begins on the date the official learns of the payment.)

Examples – FPPC Enforcement Cases*

Failure to Timely File Reports:

• A mayor spearheaded many projects throughout the city for various charitable causes. In 2009, 2010, 2011, and 2012, various donors made payments of $5,000 or more, for a total of over $3.5 million in payments, to charities at the behest of the official, but the official failed to file the required behested payment reports within 30 days of the date of the respective payments. Total Penalty: $37,500. (12/555; Kevin Johnson - Stipulation)

• A district attorney, who was also the president of a nonprofit organization aimed at preventing at-risk youth from engaging in criminal activity, failed to timely report 14 payments of $5,000 or more made to the charity at the official’s behest within 30 days of the date of the respective payments. Total Penalty: $21,000. (16/612; Tony Rackauckas – Stipulation)

• A school board member, who was also the founder of a privately financed scholarship program, failed to timely report 39 payments of $5,000 or more made by 15 different donors to the charity at the official’s behest within 30 days of the date of the respective payments. Total Penalty: $18,000. (16/19823; Charles Ramsey – Stipulation)

• A state assemblymember, who was also the chair of a legislative caucus’ 501(c)(3) charitable organization that raises college scholarship funds for high school students, failed to timely report approximately 94 charitable payments of $5,000 or more totaling approximately $1,576,500. Total Penalty: $24,000. (19/429; Christopher Holden – Stipulation)

• In 2017 and 2018, numerous donors made charitable payments in amounts of $5,000 or more to the two organizations at a state senator’s behest, but the official failed to timely report 27 behested payments totaling $481,90 Total Penalty: $7,500. (19/439; William Dodd – Stipulation)

• A state assemblymember, who was the Founder and the President of a nonprofit organization, and whose Chief of Staff served as the Treasurer and Director of another nonprofit organization, failed to timely report 16 charitable payments of $5,000 or more totaling $227,500. Total Penalty: $106,000. (20/231 & 23/443; Evan Low – Stipulation)

Examples – FPPC Advice Letters*

“Featured” in a Solicitation

• Where an official’s name is merely listed on the letterhead as a governing board member of the nonprofit organization, the solicitation does not “feature” the official unless the "roster or letterhead listing the governing body contains a majority of elected officers." (Roth Advice Letter, A-15-019)

• Where the elected official provides express prior consent to be "featured" in a charitable organization’s solicitation (through the use of their photograph, signature, singled out name, or as a part of a listed honorary committee) for the fundraiser, payments in response will meet the definition of a payment “made at the behest of” the elected official and are subject to the reporting requirements. (Rivas Advice Letter, I-19-056)

Payment for a Legislative or Governmental Purpose: Not a Contribution

• A third party proposed paying for communications regarding attending the city’s public meetings on updating its general plan which would include a city councilmember’s name, designation, email, and photograph supplied by the official with their consent. Because the communication was wholly unrelated to the official seeking or holding elective office under Regulation 18215(c), the payment was made for a legislative or government purpose, and would feature the elected official with their consent, payments made for the proposed communications that totaled or exceeded $5,000 are reportable behested payments. (Burns Advice Letter, A-21-152)

Multiple Officials Solicit Donations

• Officials who jointly solicited two charitable payments of $5,000 must each file behested payment reports for the $5,000 payments. The behested payment amount is not apportioned between the officials involved in making the behest. (Gloria Advice Letter, A-09-273)

Swearing-In Ceremonies: Behested Payments to an Independent Nonprofit Organization

• Donations made to an independently established 501(c)(4) nonprofit organization to host a swearing-in celebration for a state senator as president pro tempore of the Senate made at an elected official’s behest or that of their agent(s) are behested payments subject to the reporting requirements. (Sullivan Advice Letter, I-23-163)

When a Payment is “Made at the Behest of” an Official

• Where the elected official serves on a nonprofit board, and the nonprofit sends out a solicitation for donations, the official is not required to file a “Behested Payment Report” for payments in response, so long as the official is not “featured” in the organization’s solicitation. (Furtado Advice Letter, A-15-209)

*Note: the letters and cases provided above reflect the reporting rules in effect at that time.

Resources

The FPPC’s Education & External Affairs Unit offers training periodically on behested payments and completing behested payment reports. Please view our Upcoming Training Opportunities for any upcoming training on behested payments. You may also review Behested Payment Training Slides.