Opinion No. (2010)

EDMUND G. BROWN JR. Attorney General SUSAN DUNCAN LEE Supervising Deputy Attorney General THE HONORABLE ALBERTO TORRICO, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: 1. Is an international express delivery and logistics company that provides no commercial passenger transportation a "transportation company" within the meaning of article XII , section 7 , of the California Constitution? 2. Is such a company prohibited from offering its private corporate passenger aircraft for the flying needs of state elected or appointed officials at the "fair market value" of the flights as determined for gift-reporting purposes under the California Political Reform Act? *Page 2 CONCLUSIONS 1. An international express delivery and logistics company is a "transportation company" within the meaning of article XII , section 7 , of the California Constitution, notwithstanding that its operations include no commercial passenger transportation services. 2. The company may offer its private corporate passenger aircraft to state elected or appointed officials at the "fair market value" of the flights as determined for gift-reporting purposes under the California…