“Behested payment” means a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under any of the following circumstances:
(a) Full and adequate consideration is received from the committee or elected officer.
(b) The payment is made to a different candidate or to a committee not controlled by the behesting candidate.
(c) As to an elected officer, it is clear from the surrounding circumstances that the payment was made for purposes unrelated to the officer’s seeking or holding of elective office. For purposes of this subdivision, a payment is made for purposes related to an elected officer’s seeking or holding of elective office if all or a portion of the payment is used for election-related activities, as defined in Section 82022.5. The following types of payments are presumed to be for purposes unrelated to an elected officer’s seeking or holding of elective office:
(1) A payment made principally for personal purposes, in which case it may be considered a gift under the provisions of Section 82028. Payments that are otherwise subject to the limits of Section 86203 are presumed to be principally for personal purposes.
(2) A payment made by a state, local, or federal governmental agency.
(3) A payment made by a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
(4) A payment made principally for charitable purposes.
(5) A payment made principally for legislative or governmental purposes by a person other than a state, local, or federal governmental agency.
(Added by Stats. 2017, Ch. 749, Sec. 2. (AB 867) Effective January 1, 2018.)
Last modified: October 25, 2018