Payment to Agency Report - Form 801 Information

The Fair Political Practices Commission (FPPC) recently revised FPPC Regulation 18944.2, which establishes specific criteria under which a payment, that would be considered a gift to a public official, may be considered a gift to the official's agency (department), instead. 

What you need to know about FPPC Form 801 Payment to Agency Report

• FPPC Regulation 18944.2
• The FPPC website contains:
• Gifts and Honoraria
• Limitation on Gifts and Honoraria
• Regulation language
•  DHCS Payment to Agency Report web page

• Effective July 1, 2008 –  FPPC Regulation 18944.2 allows gifts to be claimed by an Agency instead of individual under specific criteria.

• Employees may receive a $460 Gift Limit (Effective January 1, 2015 - December 31, 2016) per calendar year in gifts from any single source.
• Immediately route offer to the Director’s Office or have the gifting entity submit their offer directly to the Director’s Office by calling 
  (916) 440-7400.  The Director’s Office staff will complete a DHCS Payment to Agency Request Form. For more detailed information please go to the DHCS Conflict of Interests webpage.
• Primary purpose of this Regulation – relieve the employee of the requirement to declare a “payment to the agency” against his/her $460 personal gift limit.
• Forms are to be filed with FPPC within 30 days of the use of the payment and posted on the DHCS Payment to Agency Report web page.
• Submit copies of all forms directly to HRB for posting to the DHCS Payment to Agency Report webpage.  Forms must be posted within 30 days of use of the payment. 

Form 801 Filing Criteria

• Agency head or designee controls the use of the payment.
• Payment is to be used for official agency business, only.
• Donor may identify a purpose but not designate the person/position.
• Agency head or designee may not select himself/herself to use the payment.
• Travel payment gift may not exceed the agency’s own reimbursement rates for travel and/or the State per diem.
• Agency must follow preapproval procedures for payment above allowed rate.
• If not followed, employee will receive a “gift” of the difference and be required to report this gift on his/her Form 700 and count it against the $460 gift limit.
• Agency head or designee must preapprove travel paid for by a third party before travel commences. 

Where to Send Form 801?

• Please Note:  Form 801s are time sensitive, please immediately route offer to the Director’s Office or have the gifting entity submit their offer directly to the Director’s Office by calling (916) 440-7400. The Director’s Office staff will complete a Payment to Agency Report Form.