SECTIONS 89501-89502 - California Statutes

GOVERNMENT CODE

SECTION 89501-89502

89501. (a) For purposes of this chapter, "honorarium" means, except
as provided in subdivision (b), any payment made in consideration
for any speech given, article published, or attendance at any public
or private conference, convention, meeting, social event, meal, or
like gathering.
(b) The term "honorarium" does not include:
(1) Earned income for personal services which are customarily
provided in connection with the practice of a bona fide business,
trade, or profession, such as teaching, practicing law, medicine,
insurance, real estate, banking, or building contracting, unless the
sole or predominant activity of the business, trade, or profession is
making speeches. The commission shall adopt regulations to implement
this subdivision.
(2) Any honorarium which is not used and, within 30 days after
receipt, is either returned to the donor or delivered to the State
Controller for donation to the General Fund, or in the case of a
public official for local government agency, delivered to his or her
agency for donation to an equivalent fund, without being claimed as a
deduction from income for tax purposes.
(c) Section 89506 shall apply to all payments, advances, or
reimbursements for travel and related lodging and subsistence.

89502. (a) No elected state officer, elected officer of a local
government agency, or other individual specified in Section 87200
shall accept any honorarium.
(b) (1) No candidate for elective state office, for judicial
office, or for elective office in a local government agency shall
accept any honorarium. A person shall be deemed a candidate for
purposes of this subdivision when the person has filed a statement of
organization as a committee for election to a state or local office,
a declaration of intent, or a declaration of candidacy, whichever
occurs first. A person shall not be deemed a candidate for purposes
of this subdivision after he or she is sworn into the elective
office, or, if the person lost the election after the person has
terminated his or her campaign statement filing obligations for that
office pursuant to Section 84214 or after certification of the
election results, whichever is earlier.
(2) Paragraph (1) shall not apply to any person who is a candidate
as described in paragraph (1) for judicial office on or before
December 31, 1996.
(c) No member of a state board or commission and no designated
employee of a state or local government agency shall accept an
honorarium from any source if the member or employee would be
required to report the receipt of income or gifts from that source on
his or her statement of economic interests.
(d) This section shall not apply to a person in his or her
capacity as judge. This section shall not apply to a person in his or
her capacity as a part-time member of the governing board of any
public institution of higher education unless that position is an
elective office.