April 27, 2007
Dear Attorney General Brown:
Pursuant to Elections Code Section 9005, we have reviewed the proposed constitutional measure related to legislative gifts (A.G. File No. 07‑0010).
Legislative Gifts. Under the State Constitution and state laws, members of the Legislature (as well as other state officials) are restricted in the types and values of gifts that can be accepted. For instance, members of the Legislature generally cannot accept gifts totaling more than $390 in a calendar year from any individual or other entity. The receipt of gifts from lobbyists is more restricted—limited to $10 per calendar month. The receipt of most types of gifts is required to be reported annually. The Fair Political Practices Commission (FPPC) oversees the implementation of these laws.
No Gifts From Lobbyists. This measure amends the Constitution to prohibit members of the Legislature from accepting anything of value from lobbyists, lobbying firms, and any entity that employs a lobbyist.
This measure would further restrict the types of gifts that can be accepted by legislators. The FPPC could experience some one-time costs to implement the measure (such as changing instructions and forms), but these costs would not be significant.
Summary. This measure would have no significant fiscal impact.