Ethics in Government: Honorarium Restrictions

Ethics: Honorarium Restrictions

The Center for Ethics in Government - UPDATED June, 2008--reflects statutes in effect as of 12/31/07

This table is intended to provide general information and does not necessarily address all aspects of this topic. Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors. It reflects in summary form statutes in effect as of 12/31/07 or statutes set to take effect shortly thereafter.

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Most states address whether state legislators can receive an honorarium. Generally speaking, an honorarium is a payment for a service on which custom or propriety forbids a set price. Such services usually include giving a speech, making an appearance, participating on a panel or writing articles or publications. The U.S. Office of Government Ethics Agency defines the term "honorarium" as a payment or money or anything of value for a "series of appearances, speeches, or articles if the subject matter is directly related to the individual's official duties or the payment is made because of the individual's status with the Government." Some states, including Delaware, Illinois, Maine, Nevada, New Hampshire, Ohio, Oregon, Pennsylvania, Virginia and Washington specifically define what is or is not an honorarium. A few states such as Minnesota and South Carolina include honorarium in their definition of a "gift" or "anything of value."

States are almost equally divided between prohibiting and allowing honorarium for legislators. Twenty-six states prohibit honorarium if it is offered in connection with a legislator's official duties. Meaning, a legislator could accept honorarium for services performed in relation to their private profession or occupation if unrelated to the legislator's duties as a member of the Legislature. Additionally, most states which prohibit honorarium do allow for reimbursement for travel, lodging and necessary expenses.

Twenty-four states allow honorarium or do not specifically address honorarium in statute. These states typically allow honorarium as long as it does not influence a legislator's official duties. Georgia is one state that only allows honorariums up to a certain amount. At least 15 states that allow honorariums do require that they be disclosed. http://www.ncsl.org/programs/ethics/e_gift.htm

State	Policy	Statutory Reference
Alabama	Honorarium allowed only if received in an "official capacity" for advice or assistance on matters concerning the legislature or if it is not given with the purpose of "influencing legislation or official action".	Ala. Code §36-25-7
Alaska	Honorarium prohibited for official duties, but reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses. Legislator should not seek or accept compensation for personal services that is significantly greater than the value of the services rendered taking into account the higher rates generally charged by specialists in a profession. Legislators may accept honoraria if given for an appearance or speech that is not connected to legislative service.	Alaska Stat. §24-60-030 §24-60-085
Arizona	Honorarium allowed unless it is given "to influence official action". It is generally restricted by §38-542 and Senate Rule 29. Legislator shall not accept any financial benefit, including any gift, upon an agreement or understanding that his or her vote, opinion, judgement, exercise of discretion or other action as a public official will be influenced. Lobbyist must disclose if above $20. Lobbyist principle must disclose if above $10.	Ariz. Rev. Stat. Ann. §41-1232.02 §38-542
Arkansas	Honorarium prohibited if offered in connection with legislator's official duties.	Ark. Stat. Ann. §5-52-108 §21-8-701(d)(8)
California	Honorarium prohibited for official duties, but reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses.	Ca. Govt. Code §89501, §89502
Colorado	Honorarium allowed but limited to $50 per calendar year	Colo.State Constitution Article XXIX
Connecticut	Honorarium prohibited but reimbursement allowed for necessary expenses.	Conn. Gen. Stat. §1-84 (k)
Delaware	Honorarium allowed but it must be disclosed. Honorarium does not include reimbursement for expenses.	Del. Code Ann. Tit. 29, § 5813
Florida	Honorarium prohibited for official duties, but reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses.	Fla. Stat. §112.3149
Georgia	Honorarium allowed up to $101 for a speech or service related to the performance of public duties. Honorarium must be disclosed if related to official duties.	Ga. Code §21-5-11 and §21-5-50(b)
Hawaii	Honorarium allowed or is not specifically prohibited for state legislators. But, 84-13(2) places restrictions on the acceptance of compensation given for the performance of the legislator's official duties.	Hawaii Rev. Stat. §84-13.
Idaho	Honorarium allowed or is not specifically prohibited or addressed for state legislators.	NA
Illinois	Honorarium prohibited unless given by a 501(c)(3), but reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses. Honorarium does not include cash payments from 501(c)(3)'s or funds reported under Article 9 of the Election Code.. Honorarium valued above $50 must be disclosed. Any honorarium or honorarium accepted in violation of this Section shall be surrendered to the State Treasurer and deposited into the General Revenue Fund.	5 ILCS 420/2-110)
Indiana	Honorarium allowed or is not specifically prohibited or addressed for state legislators.	NA
Iowa	Honorarium prohibited if offered in connection with legislator's official duties. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses.	Iowa Code §68B.23
Kansas	Honorarium prohibited, but reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses. Reimbursement expenses must be disclosed.	Kan. Stat. Ann. §46-237
Kentucky	Honorarium prohibited if offered in connection with legislator's official duties. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses, if approved ahead of time by LRC. Reimbursement or honoraria received in connection with personal profession must be disclosed.	Ky. Rev. Stat. §6.787(2)(f) and §6.747
Louisiana	Honorarium allowed, if the speech is given in the US or Canada., but it must be disclosed.	La. Rev. Stat. Ann. §42:1111 §42:1123(16)
Maine	Honorarium allowed but it must be disclosed. Honorarium does not include reimbursement for actual and necessary travel expenses for an appearance or speech.	Me. Rev. Stat. Ann. Tit. 1§1016A
Maryland	Honorarium prohibited if offered in connection with legislator's official duties except for food and beverage given by a legislative organization approved by a presiding officer of the legislature. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses. Reimbursement expenses must be disclosed.	Md. State Govt. Code Ann. §15-505(d)
Massachusetts	Honorarium allowed but it must be disclosed.	Mass. Gen. Laws Ann. 268b
Michigan	Honorarium prohibited.	Mich. Comp. Laws§169.250
Minnesota	Honorarium prohibited, but reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses. Minnesota Rules part 4501.0100, subp.5 includes honorarium under the definition of a gift	Minn.Stat. §10A.071(2), §10A.09(6)
Mississippi	Honorarium allowed or is not specifically prohibited or addressed for state legislators. Honorarium must be disclosed if determined to be outside income. Lobbyists must report it if valued over $10.	Miss. Code Ann. §25-4-27
Missouri	Honorarium allowed but it must be disclosed.	Mo. Rev. Stat. §105.485
Montana	Honorarium allowed or is not specifically prohibited or addressed for state legislators.	NA
Nebraska	Honorarium allowed or is not specifically prohibited or addressed for state legislators.	NA
Nevada	Honorarium prohibited if offered in connection with legislator's official duties. Reimbursement or payment allowed for reasonable and related actual travel, lodging, or subsistence expenses. Allowed for a speech delivered to an organization of legislatures, legislators or other elected officers or if provided for duties outside the legislature if: (1) Other members of the profession or occupation are ordinarily compensated for such a speech; and (2) The fee paid to the public officer or public employee is approximately the same as the fee that would be paid to a member of the private sector whose qualifications are similar to those of the officer or employee for a comparable speech. If honorarium is received, it must be disclosed. A public officer or public employee who violates the provisions of this section is guilty of a gross misdemeanor and, upon conviction, forfeits the amount of the honorarium.	Nev. Rev. Stat. §281.553
New Hampshire	Honorarium allowed, but it must be disclosed if valued over $50. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses.	N.H. Rev. Stat. Ann. §15-B
New Jersey	Honorarium allowed or is not specifically prohibited or addressed for state legislators, but it must be disclosed.	N.J. Rev. Stat. §52:13C 21b
New Mexico	Honorarium prohibited if offered for services related to performance of public duties. An honorarium is defined as payment of money, or any other thing of value worth more than $100. Reasonable reimbursement for travel, lodging or associated expenses is allowed, as is compensation for services rendered in the normal course of a private business pursuit.	N.M. Stat. Ann. §10-16-4.1
New York	Honorarium prohibited unless for a speech given on a topic unrelated to the individual's current public employment or as earned income for personal services that are customarily provided in connection with the practice of a bona fide business, trade or professsion, such as teaching, practicing law, medicine or banking, unless the sole or predominant activity thereof is making speeches.	N.Y. Public Officers Law §73-5a
North Carolina	Honorarium allowed unless the legislator is attending the event on work time or is reimbursed by the state for meeting expenses or the activity is related to the person's official job duties.	N.C. Gen. Stat. 138A-32(h)
North Dakota	Honorarium allowed or is not specifically prohibited or addressed for state legislators.	NA
Ohio	Honorarium prohibited if offered in connection with legislator's official duties. Honorarium does not include unsolicited gifts, awards, or trivial items of nominal value. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses. These items must be disclosed. "Honorarium" does not include ceremonial gifts or awards that have insignificant monetary value; unsolicited gifts of nominal value or trivial items of informational value; or earned income from any person, other than a legislative agent, for personal services that are customarily provided in connection with the practice of a bona fide business, if that business initially began before the public official or employee conducting that business was elected or appointed to his office or position of employment.	Ohio Rev. Code Ann. §102.03(h)
Oklahoma	Honorarium prohibited for an article, appearance or speech, or for participation at an event unless made as part of the normal course of business in the member's private occupation.	Okla. Stat. Tit. 257§20-1-9(h)
Oregon	Honorarium prohibited if offered in connection with legislator's official duties, or any member of the household of the official, unless received for services performed in relation to the private profession or occupation or an honorarium valued at $50 or less.	Or. Rev. Stat. §244.040(c), §244.060
Pennsylvania	Honorarium prohibited if offered in connection with legislator's official duties. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses. Honorarium does not include tokens presented or provided which are of de minimis economic impact.	Pa. Cons. Stat. Tit. 11§1103(d)
Rhode Island	Honorarium prohibited if offered in connection with legislator's official duties, unless: (1) the legislator uses his or her own time to prepare for the activity and does not make improper use of state or municipal materials or resources, or (2) the source of the honorarium is an individual or entity for which the legislator is not vested with decision making authority within his or her official duties.	R.I. Gen. Laws §36-14-5(a)(d); 36-14-7(a) Ethics Commission Regulation 5010
South Carolina	Honorarium prohibited. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses, but expenses must be disclosed. A legislator is allowed to accept a meal as honorarium provided in conjunction with a speaking engagement. Reimbursement for expenses incurred out of state must receive prior written approval from either the President Pro Tempore or Speaker of the House, depending on which assembly the member belongs. Honorarium is included in the definition of "anything of value".	S.C. Code Ann. §8-13-715 §2-17-110 Op S. C. St Ethics Comm., SEC AO92-061, Feb 26, 1992.
South Dakota	Honorarium allowed or is not specifically prohibited or addressed.	NA
Tennessee	Honorarium prohibited if offered in connection with legislator's official duties. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses.	Tenn. Code Ann. §2-10-116
Texas	Honorarium prohibited if offered in connection with legislator's official duties. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses, but expenses and the identity of any person proividing transportation, meals, or lodging expenses permitted under Section 36.07(b), Penal Code, must be disclosed. Note: Attorney General Opinions may prohibit honorarium as a "gift" depending on circumstances.	Tex. Penal Code Ann. §36.07 See Attn. Gen. Op. 1975, No. H-551, 1979, No. MW-90
Utah	Honorarium allowed or is not specifically prohibited or addressed for state legislators. The Judicial Code prohibited honorarium above a specified amount.	NA
Vermont	Honorarium allowed or is not specifically prohibited or addressed.	NA
Virginia	Honorarium prohibited if offered in connection with legislator's official duties. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses.	Va. Code §30-103
Washington	Honorarium prohibited if offered in connection with legislator's official duties.	Wash. Rev. Code §42-52-30
West Virginia	Honorarium prohibited if offered in connection with legislator's official duties.	Legislative Rules 158-78-2
Wisconsin	Honorarium allowed or is not specifically prohibited or addressed. Reimbursement allowed for reasonable and related actual travel, lodging, or subsistence expenses. Honorarium valued above $50 must be disclosed.	Wis. Stat. §19.56
Wyoming	Honorarium allowed in the form of a certificate or commemorative token up to $250. Honorarium in montetary form is not specifically prohibited. Honorarium is included under the definition of "anything of value"	Wyo. Stat. §9-13

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