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50 State Table Gift Laws

Legislator Gift Restrictions Overview

3/1/2013

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.

Many states place the greatest restrictions on gifts from lobbyists to legislators.  In some states, these restrictions take the form of a general prohibition or gift ban.  Generally, non-lobbyists are not completely prohibited from giving gifts, but are limited to certain monetary values.  Most states also specifically state that no one shall offer and no legislator shall accept any gift or anything of value in return for being influenced in the performance of the legislator's duties.

Differences exist between what a lobbyist can give a legislator and what a legislator can receive from a lobbyist, the general public, or other outside interests. 

State/Statute

Gift Limits

Definitions / Exceptions

Alabama
36-25-7
36-25-1
36-25-5.1

No person shall offer or give to a public official or public employee or a member of the household of a public employee or a member of the household of the public official and none of the aforementioned shall solicit or receive anything for the purpose of corruptly influencing official action, regardless of whether or not the thing solicited or received is a thing of value.

No public official or public employee shall solicit or receive anything for himself or herself or for a family member of the public employee or family member of the public official for the purpose of corruptly influencing official action, regardless of whether or not the thing solicited or received is a thing of value.

No person shall offer or give a family member of the public official or family member of the public employee anything for the purpose of corruptly influencing official action, regardless of whether or not the thing offered or given is a thing of value.

No public official or public employee, shall solicit or receive any money in addition to that received by the public official or public employee in an official capacity for advice or assistance on matters concerning the Legislature, lobbying a legislative body, an executive department or any public regulatory board, commission or other body of which he or she is a member. Notwithstanding the foregoing, nothing in this section shall be construed to prohibit a public official or public employee from the performance of his or her official duties or responsibilities.

For purposes of this section, to act corruptly means to act voluntarily, deliberately, and dishonestly to either accomplish an unlawful end or result or to use an unlawful method or means to accomplish an otherwise lawful end or result.

No lobbyist, subordinate of a lobbyist, or principal shall offer or provide a thing of value to a public employee or public official or to a family member of the public employee or family member of the public official; and no public employee or public official or family member of the public employee or family member of the public official shall solicit or receive a thing of value from a lobbyist, subordinate of a lobbyist, or principal. Notwithstanding the foregoing, a lobbyist, or principal may offer or provide and a public official, public employee, or candidate may solicit or receive items of de minimis value.

Thing of value includes:

  • Any gift, benefit, favor, service, gratuity, tickets or passes to an entertainment, social or sporting event, unsecured loan, other than those loans and forbearances made in the ordinary course of business, reward, promise of future employment, or honoraria or other item of monetary value.

The term, thing of value, does not include any of the following, provided that no particular course of action is required as a condition to the receipt thereof:

  • A contribution reported under Chapter 5 of Title 17 (campagin contribution) or a contribution to an inaugural or transition committee.
  • Anything given by a family member of the recipient under circumstances which make it clear that it is motivated by a family relationship.
  • Anything given by a friend of the recipient under circumstances which make it clear that it is motivated by a friendship and not given because of the recipient's official position. Relevant factors include whether the friendship preexisted the recipient's status as a public employee, public official, or candidate and whether gifts have been previously exchanged between them.
  • Greeting cards, items, services with little intrinsic value which are intended solely for presentation, such as plaques, certificates, and trophies, promotional items commonly distributed to the general public, and items or services of de minimis value.
  • Loans from banks and other financial institutions on terms generally available to the public.
  •  Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all government employees.
  • Rewards and prizes given to competitors in contests or events, including random drawings, which are open to the public.
  • Anything that is paid for by a governmental entity or an entity created by a governmental entity to support the governmental entity or secured by a governmental entity under contract, except for tickets to a sporting event offered by an educational institution to anyone other than faculty, staff, or administration of the institution.
  • Anything for which the recipient pays full value.
  • Compensation and other benefits earned from a non-government employer, vendor, client, prospective employer, or other business relationship in the ordinary course of employment or non-governmental business activities under circumstances which make it clear that the thing is provided for reasons unrelated to the recipient's public service as a public official or public employee.
  • Any assistance provided or rendered in connection with a safety or a health emergency.
  • Payment of or reimbursement for actual and necessary transportation and lodging expenses, as well as waiver of registration fees and similar costs, to facilitate the attendance of a public official or public employee, and the spouse of the public official or public employee, at an educational function or widely attended event of which the person is a primary sponsor. This exclusion applies only if the public official or public employee meaningfully participates in the event as a speaker or a panel participant, by presenting information related to his or her agency or matters pending before his or her agency, or by performing a ceremonial function appropriate to his or her official position; or if the public official's or public employee's attendance at the event is appropriate to the performance of his or her official duties or representative function.
  • Payment of or reimbursement for actual and necessary transportation and lodging expenses to facilitate a public official's or public employee's participation in an economic development function.
  • Hospitality, meals, and other food and beverages provided to a public official or public employee, and the spouse of the public official or public employee, as an integral part of an educational function, economic development function, work session, or widely attended event, such as a luncheon, banquet, or reception hosted by a civic club, chamber of commerce, charitable or educational organization, or trade or professional association.
  • Any function or activity pre-certified by the Director of the Ethics Commission as a function that meets any of the above criteria.
  • Meals and other food and beverages provided to a public official or public employee in a setting other than any of the above functions not to exceed for a lobbyist twenty-five dollars ($25) per meal with a limit of one hundred fifty dollars ($150) per year; and not to exceed for a principal fifty dollars ($50) per meal with a limit of two hundred fifty dollars ($250) per year. Notwithstanding the foregoing, the lobbyist's limits herein shall not count against the principal's limits and likewise, the principal's limits shall not count against the lobbyist's limits.
  • Anything either (i) provided by an association or organization to which the state or, in the case of a local government official or employee, the local government pays annual dues as a membership requirement or (ii) provided by an association or organization to a public official who is a member of the association or organization and, as a result of his or her service to the association or organization, is deemed to be a public official. Further included in this exception is payment of reasonable compensation by a professional or local government association or corporation to a public official who is also an elected officer or director of the professional or local government association or corporation for services actually provided to the association or corporation in his or her capacity as an officer or director.
  • Any benefit received as a discount on accommodations, when the discount is given to the public official because the public official is a member of an organization or association whose entire membership receives the discount.
  • Nothing in this chapter shall be deemed to limit, prohibit, or otherwise require the disclosure of gifts through inheritance received by a public employee or public official.

"De minimis" is a value twenty-five dollars ($25) or less per occasion and an aggregate of fifty dollars ($50) or less in a calendar year from any single provider, or such other amounts as may be prescribed by the Ethics Commission from time to time by rule pursuant to the Administrative Procedure Act or adjusted each four years from August 1, 2012, to reflect any increase in the cost of living as indicated by the United States Department of Labor Consumer Price Index or any succeeding equivalent index.

"Value" is the fair market price of a like item if purchased by a private citizen. In the case of tickets to social and sporting events and associated passes, the value is the face value printed on the ticket.

"Widely attended event" is a gathering, dinner, reception, or other event of mutual interest to a number of parties at which it is reasonably expected that more than 12 individuals will attend and that individuals with a diversity of views or interest will be present.

Alaska
Sec. 24.60.080
Sec. 24.45.121

A legislator or legislative employee may not solicit, accept, or receive, directly or indirectly, a gift worth $250 or more, whether in the form of money, services, a loan, travel, entertainment, hospitality, promise, or other form, or gifts from the same person worth less than $250 that in a calendar year aggregate to $250 or more in value., a legislator or legislative employee may not solicit, accept, or receive a gift with any monetary value from a lobbyist, an immediate family member of a lobbyist, or a person acting on behalf of a lobbyist

A lobbyist may not... offer, solicit, initiate, facilitate, or provide to or on behalf of a person covered by AS 24.60, during a legislative session, a gift, other than food or beverage for immediate consumption...

Exceptions:

  • Food or beverage for immediate consumption
  • Hospitality at social event. Incidental transportation at the residence of a person is allowed, but a vacation home outside of Alaska is not considered a residence.
  • Discounts available to public or a large class of person to which the official belongs
  • Discounts when on official state business if receipt of the discount benefits the state
  • Food indigenous to state shared as a cultural or social norm
  • Travel and hospitality to obtain information on matters of legislative concern
  • Gifts from immediate family
  • Gifts not connected to legislative status
  • Discounts for all or part of the legislative session, or a gift to welcome the legislator to the capital city or to recognize the opening of session, provided the discount or gift is available to all legislators
  • A gift of legal services in a matter of legislative concern
  • Transportation from a legislator to a legislator if it takes place in the state, if the means is owned or controlled by one of the involved legislators and is not for campaign purposes
  • A contribution to a charity event, tickets to a charity event, and gifts to which the tickets may entitle the bearer as long as it is under the aggregate $250 annual threshold. "charity event" means an event the proceeds of which go to a charitable organization with tax-free status under 26 U.S.C. 501(c)(3) and that the Alaska Legislative Council has approved in advance; the tickets may entitle the bearer to admission to the event, to entertainment, to food or beverages, or to other gifts or services in connection with the charity event
  • Volunteer services for legislative purposes so long as the person volunteering is not being paid from another source
  • A gift delivered on the premises of a state facility and accepted on behalf of a recognized nonpolitical charitable organization
  • A compassionate gift, as defined under AS 24.60.075
  • DISCLOSURE: Legislators who accept gifts of travel or legal services worth $250 or more relating to matters of legislative concern must disclose to the ethics committee, within 30 days, the name and occupation of the donor, the approximate value of the gift and the general area of legislative concern. These records shall be public. In a separate annual report, legislators must report to the committee all gifts not connected to legislative status, the name and occupation of the donor and a description of the gift. This annual report is confidential, and may only be accessed in an investigation into a possible violation. Legislators must also report to the committee any gifts received by members of his immediate family if he believes the gift was received because of the family member's connection to the legislator.
Arizona
41-1232.02
41-1232.08
38-48-504 (c)

 

A principal or lobbyist or any other person acting on behalf of a principal or lobbyist shall not give to any state officer or state employee and a state officer or state employee shall not accept from a principal or lobbyist either of the following:

1. Gifts with a total value of more than ten dollars during any calendar year.

2. Gifts that are designed to influence the state officer's or state employee's official conduct.

A principal, designated lobbyist, authorized lobbyist, lobbyist for compensation, public body, designated public lobbyist or authorized public lobbyist or any other person acting on that person's behalf shall not make an expenditure or single expenditure for entertainment for a state officer or state employee. A state officer or state employee shall not accept an expenditure or single expenditure for entertainment from a principal, designated lobbyist, authorized lobbyist, lobbyist for compensation, public body, designated public lobbyist or authorized public lobbyist or any other person acting on that person's behalf.

A public officer or employee shall not use or attempt to use the officer's or employee's official position to secure any valuable thing or valuable benefit for the officer or employee that would not ordinarily accrue to the officer or employee in the performance of the officer's or employee's official duties if the thing or benefit is of such character as to manifest a substantial and improper influence on the officer or employee with respect to the officer's or employee's duties.

Exceptions:

  • Gifts from immediate family
  • Expenses for event to which all members are invited
  • Plaques or informational material;
  • Items returned or donated to charity within 15 days;
  • Gifts of personal nature customarily received before individual became state officer;
  • Expenditures properly reported or exempt from reporting for entertainment, food or beverage, travel and lodging, and flowers.
  • Entertainment in connection with a special event properly reported
  • Entertainment that is incidental to a speaking engagement.
  • Certain non-legislative employees are exempted from the entertainment prohibition in certain situtations.
     
Arkansas
21-8-801,
21-8-804,
21-8-402

No public servant shall receive a gift or compensation as defined in subchapter 4 of this chapter, other than income and benefits from the governmental body to which he or she is duly entitled, for the performance of the duties and responsibilities of his or her office of position.

The public official accepting a gift, grant, or donation on behalf of the appropriate entity shall, on a quarterly basis, disclose to the Ethics Commission the information cited in 21-8-804( c ).

  • The President Pro Tempore of the Senate and the Speaker of the House may accept gifts, grants, and donations of money or property on behalf of their respective chamber for any lawful public purpose and shall be available to be enjoyed by the public at large and become property of the governmental entity to which it was donated.

"Gift" means any payment, entertainment, advance, services, or anything of value, unless consideration of equal of greater value has been given therefor.

The term "gift" does not include:

  • Informational material;
  • The giving or receiving of food, lodging, or travel which bears a relationship to the public servant's office and when appearing in official capacity;
  • Gifts which are not used and which, within thirty days after receipt, are returned to the donor;
  • Gifts from an individual's family;
  • Campaign contributions
  • Any devise or inheritance;
  • Anything with a value of $100 or less;
  • Wedding presents.
California
CA Government Code 86203

 

CA Government Code 89503

It shall be unlawful for a lobbyist, or lobbying firm, to make gifts to one person aggregating more than ten dollars ($10) in a calendar month.

No elected state officer, elected officer of a local government agency, or other individual specified in Section 87200shall accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250).

Per guidelines of the Fair Political Practices Commission, the gift limit is raised slightly every year. For 2013-2014, it is  $440.

Payments, advances, or reimbursements for travel and related lodging and subsistence permitted by Section 89506.

Wedding gifts and gifts exchanged between individuals on birthdays, holidays, and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value.

Colorado
Article XXIX
Colorado State Constitution
2-3-311 (d)

Section 3. Gift Ban

(1) No... member of the general assembly...shall accept or receive any money, forbearance, or forgiveness of indebtedness from any person, without such person receiving lawful consideration of equal or greater value in return from the...member of the general assembly...who accepted or received the money, forbearance or forgiveness of indebtedness.

(2) No...member of the general assembly, either directly or indirectly as the beneficiary of a gift or thing of value given to such person's spouse or dependent child, shall solicit, accept or receive any gift or other thing of value having either a fair market value or aggregate actual cost greater than $50 in any calendar year, including but not limited to, gifts, loans, rewards, promises or negotiations of future employment, favors or services, honoraria, travel, entertainment, or special discounts, from a person, without the person receiving lawful consideration of equal or greater value in return from the...member of the general assembly who solicited, accepted or received the gift or other thing of value.

(4) Notwithstanding any provisions of [section 3] to the contrary, and excepting campaign contributions as defined by law, no professional lobbyist, personally or on behalf of any other person or entity, shall knowingly offer, give, or arrange to give, to any...member of the general assembly...or to a member of such person's immediate family, any gift or thing of value, of any kind or nature, nor knowingly pay for any meal, beverage or other item to be consumed by such...member of the general assembly...whether or not such gift or meal, beverage or other item to be consumed is offered, given or paid for in the course of such lobbyists's business or in connection with a personal or social event; provided, however, that a professional lobbyists shall not be prohibited from offering or giving to a...member of the general assembly...who is a member of his or her immediate family any such gift, thing of value, meal, beverage or other item.

(6) The fifty-dollar ($50) limit set forth in subsection (2) of this section shall be adjusted by an amount based upon the percentage change over a four-year period in the United States bureau of labor statistics consumer price index for Denver- Boulder-Greeley, all items, all consumers, or its successor index, rounded to the nearest lowest dollar. The first adjustment shall be done in the first quarter of 2011 and then every four years thereafter.

(II) The general assembly pays regular monthly, annual, or other periodic dues to the joint governmental agency that are invoiced expressly to cover travel, board, and lodging expenses for the attendance of members at conventions or meetings of the joint governmental agency.Exceptions:  The prohibitions listed in subsections (1) and (2) of Section 3 do not apply if the gift or thing of value is:

  • a campaign contribution as defined by law;
  • An unsolicited item of trivial value less than $50, such as a pen, calendar, plant, book, note pad or other similar item;
  • An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall momento, or similar item;
  • Unsolicited informational material, publications, or subscriptions related to the recipient's performance of official duties;
  • Admission to, and the cost of food or beverages consumed at a reception. meal, or meeting by an organization before whom the recipient appears to speak or answer questions as part of a scheduled program; 
  • Reasonable expenses paid by a non-profit organization or other state or local government, provided that the non-profit organization receives less the 5% of its funding from for-profit organizations or entities;
  • Given by an individual who is a relative or personal friend of the recipient on a special occasion; 
  • A component of the compensation paid or other incentive given to the recipient in the normal course of employment.

(d) Members of the general assembly are authorized to accept the payment of or reimbursement for actual and necessary expenses for travel, board, and lodging from any organization declared to be a joint governmental agency of this state under this subsection (2) if
(I) (A) The expenses are related to the member's attendance at a convention or meeting of the joint governmental agency at which the member is scheduled to deliver a speech, make a presentation, participate on a panel, or represent the state of Colorado or for some other legitimate state purpose;
(B) The travel, board, and lodging arrangements are appropriate for purposes of the member's attendance at the convention or meeting.
(C) The duration of the member's stay is no longer than is reasonably necessary for the member to accomplish the purpose of his or her attendance at the convention or meeting; except that nothing in this sub-subparagraph (C) shall prohibit a member from extending the duration of his or her stay longer than is reasonably necessary at the member's own expense;
(D) The member is not currently and will not subsequent to the convention or meeting be in a position to take any official action that will benefit the joint governmental agency; and
(E) The attendance at conventions or meetings of the joint governmental agency has been approved by the executive committee of the legislative council or by the leadership of the house of the general assembly to which the member belongs; or
(II) The general assembly pays regular monthly, annual, or other periodic dues to the joint governmental agency that are invoiced expressly to cover travel, board, and lodging expenses for the attendance of members at conventions or meetings of the joint governmental agency.

Connecticut
Sec. 1-79
Sec. 1-84
Sec. 1-97

 

(f) No person shall offer or give to a public official or state employee or candidate for public office or his spouse, his parent, brother, sister or child or spouse of such child or a business with which he is associated, anything of value, including, but not limited to, a gift, loan, political contribution, reward or promise of future employment based on any understanding that the vote, official action or judgment of the public official, state employee or candidate for public office would be or had been influenced thereby.

(g) No public official or state employee or candidate for public office shall solicit or accept anything of value, including but not limited to, a gift, loan, political contribution, reward or promise of future employment based on any understanding that the vote, official action or judgment of the public official or state employee or candidate for public office would be or had been influenced thereby...

(j) No public official, state employee or candidate for public office, or a member of any such person’s staff or immediate family shall knowingly accept any gift, as defined in subsection (e) of section 1-79, from a person known to be a registrant or anyone known to be acting on behalf of a registrant.

(m) No public official or state employee or candidate for public office shall knowingly accept, directly or indirectly, any gift as defined in subsection e of 1-79, from any person the official or employee knows or has reason to know

(1) Is doing business with or seeking to do business with the department or agency in which the official or employee is employed or
(2) is engaged in activities which are directly regulated by such department or agency. No person shall knowingly give, directly or indirectly, any gift or gifts in violation of this provision.

(p) (1) No public official or state employee or member of the immediate family of a public official or state employee shall knowingly accept, directly or indirectly, any gift costing one hundred dollars or more from a public official or state employee who is under the supervision of such public official or state employee.

(2) No public official or state employee or member of the immediate family of a public official or state employee shall knowingly accept, directly or indirectly, any gift costing one hundred dollars or more from a public official or state employee who is a supervisor of such public official or state employee.

(3) No public official or state employee shall knowingly give, directly or indirectly, any gift in violation of subdivision (1) or (2) of this subsection.

(a) No registrant or anyone acting on behalf of a registrant shall knowingly give a gift, as defined in subsection (g) of section 1-91, to any state employee, public official, candidate for public office or a member of any such person's staff or immediate family.

"Gift" means anything of value that is directly or personally received, unless equal consideration is given in return. 

(Exceptions) “Gift” shall not include:

  • A political contribution otherwise reported as required by law or a donation or payment as described in subdivision (9) or (10) of subsection (b) of section 9-601a;
  • Services provided by persons volunteering their time, if provided to aid or promote the success or defeat of any political party, any candidate or candidates for public office or the position of convention delegate or town committee member or any referendum question;
  • A commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business;
  • A gift received from (A) an individual’s spouse, fiance or fiancee, (B) the parent, brother or sister of such spouse or such individual, or (C) the child of such individual or the spouse of such child;
  • Goods or services (A) which are provided to a state agency or quasi-public agency (i) for use on state or quasi-public agency property, or (ii) that support an event, and (B) which facilitate state or quasi-public agency action or functions. As used in this subdivision, “state property” means (i) property owned by the state or a quasi-public agency, or (ii) property leased to a state agency or quasi-public agency;
  • A certificate, plaque or other ceremonial award costing less than $100;
  • A rebate, discount or promotional item available to the general public;
  • Printed or recorded informational material germane to state action or functions;
  • Food or beverage or both, costing less than $50 in the aggregate per recipient in a calendar year, and consumed on an occasion or occasions at which the person paying, directly or indirectly, for the food or beverage, or his representative, is in attendance;
  • Food or beverage or both, costing less than $50 per person and consumed at a publicly noticed legislative reception to which all members of the General Assembly are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, (A) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which he owns or is employed by, and (B) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such $50 limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception;
  • Food or beverage or both, costing less than $50 per person and consumed at a publicly noticed reception to which all members of the General Assembly from a region of the state are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, (A) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which he owns or is employed by, and (B) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such fifty-dollar limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception. As used in this subdivision, “region of the state” means the established geographic service area of the organization hosting the reception;
  • A gift, including, but not limited to, food or beverage or both, provided by an individual for the celebration of a major life event, provided any such gift provided by an individual who is not a member of the family of the recipient shall not exceed $1,000 in value;
  • Gifts costing less than $100 in the aggregate or food or beverage provided at a hospitality suite at a meeting or conference of an interstate legislative association, by a person who is not a registrant or is not doing business with the state of Connecticut;
  • Admission to a charitable or civic event, including food and beverage provided at such event, but excluding lodging or travel expenses, at which a public official or state employee participates in his official capacity, provided such admission is provided by the primary sponsoring entity;
  • Anything of value provided by an employer of (A) a public official, (B) a state employee, or (C) a spouse of a public official or state employee, to such official, employee or spouse, provided such benefits are customarily and ordinarily provided to others in similar circumstances;
  • Anything having a value of not more than $10, provided the aggregate value of all things provided by a donor to a recipient under this subdivision in any calendar year shall not exceed $50;
  • Training that is provided by a vendor for a product purchased by a state or quasi-public agency which is offered to all customers of such vendor; or
  • Travel expenses, lodging, food, beverage and other benefits customarily provided by a prospective employer, when provided to a student at a public institution of higher education whose employment is derived from such student’s status as a student at such institution, in connection with bona fide employment discussions.
Delaware
§29 5806 (b)

No state employee, state officer or honorary state official shall accept a gift, payment of expenses or any other thing of monetary value under circumstances in which such acceptance may result in any of the following:
(1) Impairment of independence of judgment in the exercise of official duties;
(2) An undertaking to give preferential treatment to any person;
(3) The making of a governmental decision outside official channels; or
(4) Any adverse effect on the confidence of the public in the integrity of the government of the State.

"Gift" shall not include a political contribution otherwise reported as required by law, a commercially reasonable loan made in the ordinary course of business, or a gift received from a spouse or any relative within the 3rd degree of consanguinity of the person or person's spouse or from the spouse of any such relative.

District of Columbia

DC Official Code, Division I, Title I Government Organization, Chapter 11A, Government Ethics and Accountability Subchapter II, Ethics Act, Part E Lobbying
§1-1162.31 Prohibited Activities

(a) No registrant or anyone acting on behalf of a registrant shall offer, give, or cause to be given a gift or service to an official in the legislative or executive branch or a member of his or her staff that exceeds $100 in value in the aggregate in any calendar year. This section shall not be construed to restrict in any manner contributions authorized in §§ 1-1163.33, 1-1163.34, and 1-1163.38.

(b) No official in the legislative or executive branch or a member of his or her staff shall solicit or accept anything of value in violation of subsection (a) of this section.

§§ 1-1163.33, 1-1163.34, and 1-1163.38 refer to campaign contributions.

Florida
11.045 
112.312
112.313 

 

(4a)  Notwithstanding s. 112.3148, s. 112.3149, or any other provision of law to the contrary, no lobbyist or principal shall make, directly or indirectly, and no member or employee of the Legislature shall knowingly accept, directly or indirectly, any expenditure, except floral arrangements or other celebratory items given to legislators and displayed in chambers the opening day of a regular session.

(2) No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.

(12)(a) “Gift,” for purposes of ethics in government and financial disclosure required by law, means that which is accepted by a donee or by another on the donee’s behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for the donee’s benefit or by any other means, for which equal or greater consideration is not given within 90 days, including:

1. Real property.

2. The use of real property.

3. Tangible or intangible personal property.

4. The use of tangible or intangible personal property.

5. A preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similarly situated government employees or officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin.

6. Forgiveness of an indebtedness.

7. Transportation, other than that provided to a public officer or employee by an agency in relation to officially approved governmental business, lodging, or parking.

8. Food or beverage.

9. Membership dues.

10. Entrance fees, admission fees, or tickets to events, performances, or facilities.

11. Plants, flowers, or floral arrangements.

12. Services provided by persons pursuant to a professional license or certificate.

13. Other personal services for which a fee is normally charged by the person providing the services.

14. Any other similar service or thing having an attributable value not already provided for in this section.

(Exceptions) "Gift" does not include:
  • Salaries, benefits, servies, fees, commissions, gifts or expensese associated primarily with the donee's employment, business, or service as an officer or director of a corporation or organization.
  • Except as provided in s. 112.31485, contributions or expenditures reported pursuant to chapter 106, contributions or expenditures reported pursuant to federal election law, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party or affiliated party committee.
  • Honorarium, or expense related to an honorarium event paid to a person or a person's spouse.
  • Award, plaque or certificate, given in recognition of the donee’s public, civic, charitable, or professional service.
  • Honorary membership in a service or fraternal organization
  • The use of a public facility or public property, made available by a governmental agency, for a public purpose.
  • Transportation provided to a public officer or employee by an agency in relation to officially approved governmental business.
  • Gifts provided directly or indirectly by a state, regional, or national organization which promotes the exchange of ideas between, or the professional development of, governmental officials or employees, and whose membership is primarily composed of elected or appointed public officials or staff, to members of that organization or officials or staff of a governmental agency that is a member of that organization.

    Exceptions:
    Floral arrangements or other celebratory items given to legislators and displayed in chambers the opening day of a regular session.
Georgia
21-5-70 (definition)
21-5-3  (definitions)
21-5-72.1

 

b) (1) No person who is registered as a lobbyist under Code Section 21-5-71 shall make any expenditure.

   (2) No public officer shall with actual knowledge accept any expenditure from a person who is registered as a lobbyist under Code Section 21-5-71.

21-5-3 Definitions (ethics in government)

(12) "Expenditure" means a purchase, payment, distribution, loan, advance, deposit, or any transfer of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term "expenditure" shall also include the payment of a qualifying fee for and on behalf of a candidate.

(14) "Gift" means any gratuitous transfer to a public officer,  or any member of the family of the public officer or a loan of property or services which is not a contribution as defined in paragraph (7) of this Code section and which is more than $100.00.

21-5-70 (public officials conduct and lobbyist disclosures)

(1) "Expenditure":

(A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer, specifically including any such transaction which is made on behalf of or for the benefit of a public employee for the purpose of influencing a public officer;
(B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer;

      (B.1) Includes reimbursement or payment of expenses exceeding $75.00 provided to a public officer from any individual lobbyist for transportation, travel, lodging, registration, food, and beverages;
(C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, tickets for admission to athletic, sporting, recreational, musical concert, or other entertainment events, or anything of value, unless consideration of equal or greater than face value is received;
(D) Includes reimbursement or payment of expenses for recreational or leisure activities; and
(E) Does not include anything defined in paragraph (4.1) of this Code section as a lobbying expenditure, the provisions of subparagraphs (A) through (D) of this paragraph notwithstanding.

(4.1) "Lobbying expenditure" means:

(A) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia;
(B) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service;
(C) Discounts, upgrades, memberships, or other accommodations extended by a business to a bona fide customer; or legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession;
(D) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. For purposes of this subparagraph, an agency shall also include the House of Representatives, the Senate, standing committees of such bodies but not for more than one of such group events per committee per calendar year, caucuses of members of the majority or minority political parties of the House or Senate, other caucuses of the House or Senate as approved by the House Committee on Ethics or the Senate Ethics Committee, and the governing body of each political subdivision of this state;
 (E) Campaign contributions or expenditures as defined by Code Section 21-5-3 and reported as required by Article 2 of this chapter;
(F) Reimbursement or payment of actual and reasonable expenses provided to a public officer and his or her necessary public employee staff members for such public officer's and staff members' individual transportation, lodging, travel, and registration for attending educational, informational, charitable, or civic meetings or conferences that are held at locations within the United States and directly relate to the official duties of that public officer or the office of that public officer, plus food and beverages for such public officer, his or her necessary public employee staff members, and spouse while attending such educational, informational, charitable, or civic meetings or conferences;
 (G) Anything which:
         (i) Does not qualify as a lobbying expenditure under subparagraphs (A) through (F) of this paragraph; and
         (ii) Would qualify as an expenditure under subparagraph (B.1) of paragraph (1) of this Code section except that it does not exceed an amount or value of $75.00.

Hawaii
§84-11
§84-11.5>

 

No legislator or employee shall solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the legislator or employee in the performance of the legislator's or employee's official duties or is intended as a reward for any official action on the legislator's or employee's part.

Exceptions to gift reporting statute:

  • Gifts received by will or intestate succession;
  • Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or ancestor;
  • Gifts from a spouse, fiancé, fiancée, any relative within four degrees of consanguinity or the spouse, fiancé, or fiancée of such a relative. A gift from any such person is a reportable gift if the person is acting as an agent or intermediary for any person not covered by this paragraph;
  • Political campaign contributions that comply with state law;
  • Anything available to or distributed to the public generally without regard to the official status of the recipient;
  • Gifts that, within thirty days after receipt, are returned to the giver or delivered to a public body or to a bona fide educational or charitable organization without the donation being claimed as a charitable contribution for tax purposes;
  • Exchanges of approximately equal value on holidays, birthday, or special occasions.
Idaho
18-1356 (4)

No legislator or public servant shall solicit, acceptor agree to accept any pecuniary benefit in return for action on a bill, legislation, proceeding or official transaction from any person known to be interested in a bill, legislation, official transaction or proceeding.

Exceptions:

  • Fees prescribed by law to be received by a public servant, or any other benefit for which the recipient gives legitimate consideration or to which he is otherwise legally entitled;
  • Gifts or other benefits conferred on account of kinship or other personal, professional or business relationship independent of the official status of the receiver;
  • Trivial benefits not to exceed a value of fifty dollars ($50.00) incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.
  • Benefits received as a result of lobbying activities that are disclosed in reports required by chapter 66, title 67. Exception shall not apply to any activities prohibited by subsections 1-4 of this section.
Illinois
5 ILCS 430/10-10
5 ILCS 430/10-15

 

Except as otherwise provided in this Act, no member, officer, or state employee shall intentionally solicit or accept any gift from any prohibited source or in violation of any federal or State statute, rule, or regulation. This ban applies to and includes spouses of and immediate family living with the member, officer, or state employee. No prohibited source shall offer or make a gift that violates this Section.

A prohibited source is anyone who: is seeking official action, does business or is seeking to do business with the member, conducts activities regulated by the member, has interests that may be substantially affected by the performance or nonperformance of the member's official duties, is a registered lobbyist.

Exceptions:

  • Opportunities, benefits and services that are available on the same conditions as for the general public;
  • Anything for which the member, officer, or employee, pays the market value;
  • A contribution, as defined in Article 9 of the Election Code that is lawfully made under that Act or activites associated with a fundraising event in support of a political organization or candidate;
  • Educational materials and missions. This exception may be further defined by rules adopted by the appropriate ethics commission or Auditor General;
  • Travel expenses for a meeting to discuss state business. This exception may be furthered defined in rules adopted by the ethics commission or the Auditor General;
  • A gift from a relative (including some relatives of an individual's spouse or fiancee);
  • Anything provided by an individual on the basis of a personal friendship. Statutes include a list of considerations when determining whether a gift is being offered out of friendship.
  • Food or refreshments not exceeding $75 per person in value on a single calendar day, provided that they are consumed on the premises from which they were purchased or catered;
  • Food, refreshments, lodging, transportation, and other benefits: resulting from the outside business or employment activities of the member if the benefits have not been offered or enhanced because of the official position or employment of the member;
  • Intragovernmental and intergovernmental gifts;
  • Bequests, inheritances, and other transfers at death;
  • Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
Indiana
Indiana Code Ann.
2-7-3-3.3
2-7-5-8
2-7-5-9

 

IC 2-7-3-3.3
(b) A lobbyist shall file a written report whenever the lobbyist makes a gift with respect to a legislative person that is required to be included in a report under section 3(a)(3) of this chapter.
(c) A report under this section must state the following:
(1) The name of the lobbyist making the gift.
(2) A description of the gift.
(3) The amount of the gift.
(d) A lobbyist shall file a copy of a report required by this section with the commission and the legislative person to whom the report is made.
(e) A lobbyist shall file a report required by this section not later than fifteen (15) business days after making the gift. A report filed under this section is confidential and is not available for public inspection or copying until ten (10) business days after the report is filed with the commission.
(f) After the expiration of the confidentiality period prescribed in subsection (e), the commission shall provide a copy of a gift report to the following:
(1) The principal clerk of the house of representatives, if the legislative person is a member of, or a candidate for election to, the house of representatives.
(2) The secretary of the senate, if the legislative person is a member of, or candidate for election to, the senate. 

Rules for reporting expenditures and gifts
Sec. 3.5. (a) If an expenditure for entertainment (including meals and drink) or a gift can clearly and reasonably be attributed to a particular legislative person, the expenditure must be reported with respect to that particular legislative person.
(b) A report of an expenditure with respect to a particular legislative person:
(1) must report actual amounts; and
(2) may not allocate to the particular legislative person a prorated amount derived from an expense made with respect to several legislative persons;
to the extent practicable.
(c) An activity report must report expenditures for a function or activity to which all the members of a legislative body are invited. Expenditures reported for a function or activity described in this subsection may not be allocated and reported with respect to a particular legislative person.
(d) If two (2) or more lobbyists contribute to an expenditure, each lobbyist shall report the actual amount the lobbyist contributed to the expenditure. For purposes of reporting such an expenditure, the following apply:
(1) For purposes of determining whether the expenditure is reportable, the total amount of the expenditure with respect to a particular legislative person must be determined and not the amount that each lobbyist contributed to that expenditure.
(2) Each lobbyist shall report the actual amount the lobbyist contributed to the expenditure, even if that amount would not have been reportable under this section if only one (1) lobbyist made an expenditure of that amount.
(e) The report of an expenditure with respect to a particular legislative person may not include any amount that the particular legislative person contributed to the expenditure.
(f) An activity report may not report expenditures or gifts relating to property or services received by a legislative person if the legislative person paid for the property or services the amount that would be charged to any purchaser of the property or services in the ordinary course of business.
(g) An activity report may not report expenditures or gifts made between close relatives unless the expenditure or gift is made in connection with a legislative action.
(h) An activity report may not report expenditures or gifts relating to the performance of a legislative person's official duties, including the legislative person's service as a member of any of the following:
(1) The legislative council.
(2) The budget committee.
(3) A standing or other committee established by the rules of the house of representatives or the senate.
(4) A study committee established by statute or by the legislative council.
(5) A statutory board or commission.
(i) An activity report may not report a contribution (as defined in IC 3-5-2-15).

A lobbyist may not make a gift with a value of fifty dollars ($50) or more to a legislative person unless the lobbyist receives the consent of the legislative person before the gift is made. The lobbyist must inform the particular legislative person of the cost of the gift at the time the lobbyist seeks the consent of the legislative person.

A lobbyist may not pay for or reimburse for travel expenses of a legislative person for travel outside Indiana for any purpose. "Travel expenses" includes expenses for transportation, lodging, registration fees, and other expenses associated with travel.

Sec. 3.3. (a) This section does not apply to gifts made between close relatives.

With respect to travel reimbursement, the following are exempted:

Expenses associated with travel outside Indiana for any purpose that is paid for by an organization or corporation of which the legislative person or the legislative person's spouse is an officer, member of the board of directors, employee, or independent contractor. Travel expenses of a legislative person attending a public policy meeting if: (A) the legislative person's sole purpose for attending the meeting is to serve as a speaker or other key participant in the meeting; and (B) the speaker of the house of representatives or the president pro tempore of the senate approves the payment of the travel expenses in writing.

Iowa
68B.22

A public official, public employee, or candidate, or that person's immediate family member shall not, directly or indirectly, accept or receive any gift or series of gifts from a restricted donor. A public official, public employee, candidate, or the person's immediate family member shall not solicit any gift or series of gifts from a restricted donor at any time.

Exceptions:

  • Contributions to a candidate or a candidate's committee.
  • Informational material relevant to a public official's or public employee's official functions
  • Anything received from anyone related within the fourth degree by kinship or marriage
  • An inheritance.
  • Anything available or distributed free of charge to members of the general public without regard to the official status of the recipient. Items received from a bona fide charitable, professional, educational, or business organization to which the donee belongs as a dues-paying member, if the items are given to all members of the organization
  • Actual expenses of a donee for food, beverages, registration, travel, and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the donee has participation or presentation responsibilities.
  • Plaques, Items or services received by members or representatives of members at a regularly scheduled event that is part of a business or educational conference, seminar, or other meeting that is sponsored and directed by any state, national, or regional government organization in which the state of Iowa or a political subdivision of the state is a member, or received at such an event by members or representatives of members of state, national, or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees.
  • Food and beverages provided at a meal that is part of a bona fide event or program at which the recipient is being honored for public service.
  • Nonmonetary items with a value of three dollars or less that are received from any one donor during one calendar day.
  • Items or services solicited by or given to a state, national, or regional government organization in which the state of Iowa or a political subdivision of the state is a member for purposes of a business or educational conference, seminar, or other meeting; or solicited by or given to state, nationa or regional government organizations, whose memberships and officers are primarily composed of state or local government officials or employees, for purposes of a business or educational conference, seminar or other meeting.
  • Items or services received by members at a regularly scheduled event that is part of a business or educational conference, seminar, or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state is a member, or received at such an event by members of representatives of members of state, national, or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees.
  • Funerals flowers or memorials to a church or nonprofit organization.
  • Gifts which are given to a public official or public employee for the public official's or public employee's wedding or twenty-fifth or fiftieth wedding anniversary.
  • Payment of salary or expenses by a person's employer or the firm in which the person is a member for the cost of attending a meeting of a subunit of an agency when the person whose expenses are being paid serves on board, commission, committee, council, or other subunit of the agency and the person is not entitled to receive compensation or reimbursement of expenses from the state for attending the meeting.
  • Gifts of food, beverages, travel, or lodging received by a public official or public employee if all of the following apply: (1) The public official or public employee is officially representing an agency in a delegation whose sole purpose is to attract a specific new business to locate in the state, encourage expansion or retention of an existing business already established in the state, or to develop markets for Iowa businesses or products. (2) The donor of the gift is not the business or businesses being contacted. However, food or beverages provided by the business or businesses being contacted which are consumed during the meeting are not a gift under section 68B.2, subsection 9, or this section. (3) The public official or public employee plays a significant role in the presentation to the business or businesses on behalf of the public official's or public employee's agency.
  • Gifts other than food, beverages, travel, and lodging received by a public official or public employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the donee.
  • Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.
  • Gifts of food, beverage, and entertainment received at a function where every member of the general assembly has been invited to attend, when the function takes place during the regular session of the general assembly. A sponsor of a function under this paragraph shall file a registration prior to the function taking place identifying the sponsor and the date, time, and location of the function. The registration shall be filed with the person or persons designated by the secretary of the senate and the chief clerk of the house and with the board. After a function takes place, the sponsor of the function shall file a report disclosing the total amount expended, including in-kind expenditures, on food, beverage, and entertainment for the function. The report shall be filed with the person or persons designated by the secretary of the senate and the chief clerk of the house and with the board within twenty eight calendar days following the date of the function.
Kansas
46-237.

No state officer or employee, candidate for state office or state officer elect shall accept, or agree to accept any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service having an aggregate value of $40 or more in any calendar year from any one person known to have a special interest, under circumstances where such person knows or should know that a major purpose of the donor is to influence such person in the performance of their official duties or prospective official duties.

Exceptions:

  • Hospitality in the form of recreation, food and beverages
  • Any contribution reported in compliance with the campaign finance act;
  • A commercially reasonable loan or other commercial transaction in the ordinary course of business
  • Acceptance of gifts from governmental agencies of foreign nations, except that any gift accepted from such foreign governmental agency, having an aggregate value of $100 or more, shall be accepted on behalf of the state of Kansas.
Kentucky
6.611
6.751

 

A legislator or his spouse shall not solicit, accept, or agree to accept anything of value from a legislative agent or an employer.

Exceptions:

  • A campaign contribution, compensation, food, beverages, entertainment, transportation, lodging, extended by legislator's private employer or a person other than a legislative agent or employer,
  • Usual and customary commercial loan,
  • Certificate or plaque less than $150 in value,
  • Informational or promotional items, educational items,
  • Food and beverages consumed on the premises,
  • Cost of attendance or participation and food and beverages consumed at events to which all members of the senate or house, joint committee, caucus, are invited.
  • Gifts from a person related by blood or marriage,
  • Cost of attendance or participation, food and beverage and goods and services provided for events sponsored or coordinated by multi state or national organizations for state legislatures, etc. or civic, charitable, governmental trade or community organizations. Gifts from one member to another,
  • Anything for which the recipient pays full value, or service spontaneously extended to a legislator in an emergency situation.
Louisiana
42-1115
42-1115.1
42-1123

 

No public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person: (1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, or (2) Is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency.

No person from whom a public servant is prohibited by R.S. 42:1111 or 1115(A) from receiving a thing of economic value shall give to such a public servant any food, drink, or refreshment the total value of which exceeds fifty dollars for a single event at which food, drink, or refreshment is given.  The total value of the food, drink, or refreshment given to a public servant at any single event shall not exceed fifty dollars regardless of the number of persons subject to the provisions of this Subsection giving food, drink, or refreshment to the public servant at the single event.

B.  No person from whom a public employee is prohibited by R.S. 42:1111 or 1115(B) from receiving a thing of economic value shall give to such a public employee any food, drink, or refreshment the total value of which exceeds fifty dollars for a single event at which food, drink, or refreshment is given.  The total value of the food, drink, or refreshment given to a public employee at any single event shall not exceed fifty dollars regardless of the number of persons subject to the provisions of this Subsection giving food, drink, or refreshment to the public employee at the single event.

C.  Beginning on July 1, 2009, and on July first of each year thereafter, when there has been an increase in the unadjusted Consumer Price Index (CPI-U)( Food and Beverage) as published by the United States Department of Labor, Bureau of Labor Statistics in January each year, the limit of fifty dollars for food, drink or refreshments provided in Subsections A and B of this Section shall be increased by the same percentage as the percentage by which that price index is increased.  The amount of the increase shall be rounded off to the nearest dollar.  The food, drink, or refreshment limit shall be adjusted by the Board of Ethics according to the Consumer Price Index (CPI-U)(Food and Beverage) and adopted and promulgated as a rule or regulation by the board in accordance with the provisions of R.S. 42:1134(A).

D.  For purposes of this Section, at an event to which a group or organization of public servants is invited and at which food, drink, or refreshment is given, the value of the food, drink, or refreshment provided to a public servant shall be determined by dividing the total cost of the food, drink, and refreshment provided at the event by the total number of persons invited, whether formally or informally, and which is communicated in any manner or form, to the event.

This Part shall not preclude:

The acceptance by a public servant of complimentary admission to a civic, non-profit, educational, or political event when the public servant is a program honoree, is giving a speech at the event, or is a panel member for a discussion occurring at the event.

The acceptance by a public servant of complimentary admission to a fundraising event for a candidate or political party.

Exceptions shall not apply if admission to any professional, semi-professional, or collegiate sporting event is also offered.

Regarding $50 food, drink or refreshment restriction, the provisions of this section shall not apply to any of the following:

(1)  A gathering held in conjunction with a meeting related to a national or regional organization or a meeting of a statewide organization of governmental officials or employees.(2)  The participation of a public servant of a post-secondary education institution at an event held for the purpose of soliciting donations or contributions of private funds for the benefit of that public servant's agency.

For purposes of this Section, "event" means a single activity, occasion, reception, meal, or meeting at a given place and time.

Maine
1 MRS 1012
 
1 MRS 1014

A conflict of interest shall include the following:

B. Where a Legislator or a member of his immediate family accepts gifts, other than campaign contributions duly recorded as required by law, from persons affected by legislation or who have an interest in a business affected by proposed legislation, where it is known or reasonably should be known that the purpose of the donor in making the gift is to influence the Legislator in the performance of his official duties or vote, or is intended as a reward for action on his part.

"Gift" means anything of value, including forgiveness of an obligation or debt, given to a person without that person providing equal or greater consideration to the giver.

"Gift" does not include:

  • Gifts received from a single source during the reporting period with an aggregate value of $300 or less;
  • A bequest or other form of inheritance;
  • A gift received from a relative or from an individual on the basis of a personal friendship as long as that individual is not a registered lobbyist or lobbyist associate under Title 3, section 313, unless the Legislator has reason to believe that the gift was provided because of the Legislator’s official position and not because of a personal friendship;
  • A subscription to a newspaper, newsmagazine or other news publication;
  • Legal services provided in a matter of legislative ethics;
  • A meal, if the meal is a prayer breakfast or a meal served during a meeting to establish a prayer breakfast; or
  • A meal, if the meal is provided by industry or special interest organizations as part of the informational program presented to a group of public servants.
Maryland
Md. State Government Code §15-505.

(a) (1) An official or employee may not solicit any gift.

(2) A regulated lobbyist described in subsection (b)(4) of this section may not knowingly make a gift, directly or indirectly, to an official or employee that the regulated lobbyist knows or has reason to know is in violation of this section.

(3) An official may not directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist described in § 15-701(a)(1) of this title.

(b) Except as provided in subsection (c) of this section, an official or employee may not knowingly accept a gift, directly or indirectly, from an entity that the official or employee knows or has reason to know:

(1) does or seeks to do any business of any kind, regardless of amount, with the official's or employee's governmental unit;

(2) engages in an activity that is regulated or controlled by the official's or employee's governmental unit;

(3) has a financial interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the official's or employee's official duties; or

(4) is a regulated lobbyist with respect to matters within the jurisdiction of the official or employee.

Notwithstanding subsection (b) of this section, an official or employee may accept a gift specified in paragraph (2) of this subsection unless:

(i) the gift would tend to impair the impartiality and independent judgment of the official or employee; or

(ii) as to a gift of significant value:

1. the gift would give the appearance of impairing the impartiality and independent judgment of the official or employee; or

2. The official or employee believes or has reason to believe that the gift is designed to impair the impartiality and independent judgment of the official or employee.

(2) Subject to paragraph (1) of this subsection, subsection (b) of this section does not apply to:

(i) 1. except for officials of the Legislative Branch, meals or beverages received and consumed by the official or employee in the presence of the donor or sponsoring entity;

2. for officials of the Legislative Branch, food or beverages received and consumed by the official in the presence of the donor or sponsoring entity as part of a meal or reception, to which were invited all members of a legislative unit;

3. for a member of the General Assembly, food or beverages received from a donor or sponsoring entity, other than an individual regulated lobbyist described in § 15-701(a)(1) of this title, during a period when the General Assembly is not in session, at a location that is within a county that contains the member's district, provided that the donor or sponsoring entity is located within a county that contains the member's district; or

4. for a member of the General Assembly, food or beverages received at the time and geographic location of a meeting of a legislative organization for which the member's presiding officer has approved the member's attendance at State expense;

(ii) ceremonial gifts or awards of insignificant monetary value;

(iii) except for a State official of the Executive or Legislative Branch, unsolicited gifts of nominal value;

(iv) as to a State official of the Executive or Legislative Branch, unsolicited gifts that are not meals or alcoholic beverages and that do not exceed $20 in cost, from a regulated lobbyist;

(v) trivial gifts of informational value;

(vi) in return for participation on a panel or a speaking engagement at a meeting, reasonable expenses for food, travel, lodging, or scheduled entertainment of the official or employee if the expenses are associated with the meeting, except that, if such expenses for a State official of the Legislative or Executive Branch are to be paid by a regulated lobbyist and are anticipated to exceed $500, the official shall notify the appropriate advisory body before attending the meeting;

(vii) as to a member of the General Assembly, reasonable expenses for food, travel, lodging, or scheduled entertainment to attend a legislative conference that has been approved by the member's presiding officer;

(viii) tickets or free admission extended to an elected constitutional officer from the person sponsoring or conducting the event, as a courtesy or ceremony to the office, to attend a charitable, cultural, or political event;

(ix) a specific gift or class of gifts exempted from subsection (b) of this section by the Ethics Commission upon a written finding that:

1. acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of government; and

2. the gift is purely personal and private in nature;

(x) a gift from:

1. an individual related to the official or employee by blood or marriage; or

2. any other individual who is a member of the household of the official or employee; or

(xi) to the extent provided in subsection (d) of this section, honoraria.

Massachusetts
Chapter 3
Sec. 43

 

 

 

Chapter 268B
Section 6

 

 

Chapter 268B: Section 1

Notwithstanding the provisions of any general or special law to the contrary, no executive or legislative agent shall knowingly offer or knowingly give to any public official or public employee, as defined in section one of chapter two hundred and sixty-eight B, or to a member of such person's immediate family any gift, as defined in said section one of said chapter two hundred and sixty-eight B, of any kind or nature, nor knowingly pay for any meal, beverage, or other item to be consumed by such public official or employee, whether or not such gift or meal, beverage or other item to be consumed is offered, given or paid for in the course of such agent's business or in connection with a personal or social event; provided, however, that an executive or legislative agent shall not be prohibited from offering or giving to a public official or public employee who is a member of his immediate family or a relative within the third degree of consanguinity or of such agent's spouse or the spouse of any such relative any such gift or meal, beverage or other item to be consumed ; provided, however, that regulations promulgated by the state ethics commission under section 6 of chapter 268B, shall apply to this provision.

No executive or legislative agent shall knowingly and willfully offer or give to any public official or public employee or a member of such person's immediate family, and no public official or public employee or member of such person's immediate family shall knowingly and willfully solicit or accept from any executive or legislative agent, any gift of any kind or nature...

  Note:  The Ethics Commission, upheld by case law, has set a limit of $50.

"Gift" means a payment, entertainment, subscription, advance, services or anything of value, unless consideration of equal or greater value is received;

"Gift" shall not include:

  • A political contribution reported as required by law

  • A commercially reasonable loan made in the ordinary course of business,

  • Anything of value received by inheritance, or

  • A gift received from a member of the reporting person's immediate family or from a relative within the third degree of consanguinity of the reporting person or of the reporting person's spouse or from the spouse of any such relative.

The state ethics commission shall promulgate regulations: (i) establishing exclusions for ceremonial gifts; (ii) establishing exclusions for gifts given solely because of family or friendship; and (iii) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest.

 
Michigan
§15.342
§4.414

 

A public officer or employee shall not solicit or accept a gift or loan of money, goods, services, or other thing of value for the benefit of a person or organization, other than the state, which tends to influence the manner in which the public officer or employee or another public officer or employee performs official duties.

"Gift" means a payment, advance, forbearance, or the rendering or deposit of money, services, or anything of value, the value of which exceeds $25.00 in any 1-month period, unless consideration of equal or greater value is received therefor. Gift includes a payment, advance, forbearance, or the rendering or deposit of money, services or anything of value to aid the defense of an official in the legislative branch or an official in the exective branch against a legal action not directly related to the governmental duties of the offical.

Gift does not include:

  • A campaign contribution otherwise reported as required by Act No. 388 of the Public Acts of 1976,
  • A loan made in the normal course of business
  • A gift received from a member of the person's immediate family, a relative of a spouse, a relative within the seventh degree of consanguinity as computed by the civil law method, or from the spouse of the relative.
  • A breakfast, luncheon, dinner, or other refreshment consisting of food and beverage provided for immediate consumption.
  • a contribution to a legal defense fund that is registered with the secretary of the state under the legal defense fund act and whose purpose is to defend an elected official agains any criminal, civil, or administrative action, that arises directly out of the conduct of the elected officials governmental duties.
Minnesota
10A.071

Subd. 2.Prohibition.

A lobbyist or principal may not give a gift or request another to give a gift to an official. An official may not accept a gift from a lobbyist or principal.

Subdivision 1.Definitions.
(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return.

(c) "Official" means a public official, an employee of the legislature, or a local official of a metropolitan governmental unit.

 

Subd. 3.Exceptions.

(a) The prohibitions in this section do not apply if the gift is:

(1) a contribution as defined in section 10A.01, subdivision 11;

(2) services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque with a resale value of $5 or less;

(5) a trinket or memento costing $5 or less;

(6) informational material with a resale value of $5 or less; or

(7) food or a beverage given at a reception, meal, or meeting if:

(i) the reception, meal, or meeting is held away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program; or

(ii) the recipient is a member or employee of the legislature and an invitation to attend the reception, meal, or meeting was provided to all members of the legislature at least five days prior to the date of the event.

(b) The prohibitions in this section do not apply if the gift is given:

(1) because of the recipient's membership in a group, a majority of whose members are not officials, and an equivalent gift is given to the other members of the group; or

(2) by a lobbyist or principal who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family.

Mississippi
25-4-105
5-8-3

 

No public servant shall use his official position to obtain pecuniary benefit for himself other than that compensation provided for by law, or to obtain pecuniary benefit for any relative or any business with which he is associated.

(From Lobbying Law Reform Act, which requires lobbyist reporting  things of value)
"Anything of value" means:

  • A pecuniary item, including money, or a bank bill or note;
  • A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money;
  • A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money;
  • A stock, bond, note or other investment interest in an entity;
  • A receipt given for the payment of money or other property;
  • A right in action;
  • A gift, tangible good, chattel or an interest in a gift, tangible good or chattel;
  • A loan or forgiveness of indebtedness;
  • A work of art, antique or collectible;
  • An automobile or other means of personal transportation;
  • Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty;
  • An honorarium or compensation for services;
  • A rebate or discount in the price of anything of value, unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive, legislative or public official or public employee, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public;
  • A promise or offer of employment;
  • Any other thing of value that is pecuniary or compensatory in value to a person, except as otherwise provided in subparagraph (ii) of this paragraph; or
  • A payment that directly benefits an executive, legislative or public official or public employee or a member of that person's immediate family.

"Anything of value" does not mean:

  • Informational material such as books, reports, pamphlets, calendars or periodicals informing an executive, legislative or public official or public employee of her or his official duties;
  • A certificate, plaque or other commemorative item which has little pecuniary value;
  • Food and beverages for immediate consumption provided by a lobbyist up to a value of Ten Dollars ($10.00) in the aggregate during any calendar year.
     
  • Expenses associated with social occasions afforded public servants shall not be deemed a pecuniary interest.

"Gift" means:

(h) "Gift" means anything of value to the extent that consideration of equal or greater value is not received, including a rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive, legislative or public official.

 

(r) "Value" means the retail cost or fair market worth of an item or items, whichever is greater.

Missouri
105.452
105.470.

No elected or appointed official or employee of the state or any political subdivision thereof shall:

Act or refrain from acting in any capacity in which he is lawfully empowered to act as such an official or employee by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value paid or payable, or received or receivable, to himself or any third person, including any gift or campaign contribution, made or received in relationship to or as a condition of the performance of an official act, other than compensation to be paid by the state or political subdivision.

No elected or appointed official or employee of any political subdivision shall offer, promote, or advocate for a political appointment in exchange for anything of value to any political subdivision.

"Expenditure" means:

  • Any payment made or charge, expense, cost, debt or bill incurred; any gift, honorarium or item of value bestowed including any food or beverage;
  • Any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed; any loan or debt which is canceled, reduced or otherwise forgiven;
  • The transfer of any item with a reasonably discernible cost or fair market value from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge;

"Expenditure" shall not include the following:

  • Any item, service or thing of value transferred to any person within the third degree of consanguinity of the transferor which is unrelated to any activity of the transferor as a lobbyist;
  • Informational material such as books, reports, pamphlets, calendars or periodicals informing a public official regarding such person's official duties, or souvenirs or mementos valued at less than ten dollars;
  • Contributions to the public official's campaign committee or candidate committee which are reported pursuant to the provisions of chapter 130, RSMo;
  • Any loan made or other credit accommodations granted or other payments made by any person or entity which extends credit or makes loan accommodations or such payments in the regular ordinary scope and course of business, provided that such are extended, made or granted in the ordinary course of such person's or entity's business to persons who are not public officials;
  • Any item, service or thing of de minimis value offered to the general public, whether or not the recipient is a public official or a staff member, employee, spouse or dependent child of a public official, and only if the grant of the item, service or thing of de minimis value is not motivated in any way by the recipient's status as a public official or staff member, employee, spouse or dependent child of a public official;
  • The transfer of any item, provision of any service or granting of any opportunity with a reasonably discernible cost or fair market value when such item, service or opportunity is necessary for a public official or employee to perform his or her duty in his or her official capacity, including but not limited to entrance fees to any sporting event, museum, or other venue when the official or employee is participating in a ceremony, public presentation or official meeting therein;
  • Any payment, gift, compensation, fee, expenditure or anything of value which is bestowed upon or given to any public official or a staff member, employee, spouse or dependent child of a public official when it is compensation for employment or given as an employment benefit and when such employment is in addition to their employment as a public official;
Montana
2-2-104.
2-2-102

 

A public officer, legislator, or public employee may not:
accept a gift of substantial value or a substantial economic benefit tantamount to a gift:
(i) that would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; or
(ii) that the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken.

"Gift of substantial value" means a gift with a value of $50 or more for an individual.

The term does not include:

  • A gift that is not used and that, within 30 days after receipt, is returned to the donor or delivered to a charitable organization or the state and that is not claimed as a charitable contribution for federal income tax purposes;
  • Food and beverages consumed on the occasion when participation in a charitable, civic, or community event bears a relationship to the public officer's or public employee's office or employment or when the officer or employee is in attendance in an official capacity;
  • Educational material directly related to official governmental duties;
  • An award publicly presented in recognition of public service; or
  • Educational activity that:
    (A) does not place or appear to place the recipient under obligation;
    (B) clearly serves the public good; and
    (C) is not lavish or extravagant.
Nebraska
49-1490
49-1423 (definitions)

 

Principal or lobbyist; prohibited acts relating to gifts; penalty.

(1) No principal, lobbyist, or person acting on behalf of either shall within one calendar month give any gifts with an aggregate value of more than fifty dollars to the following:

(a) An official or a member of the official's staff in the executive branch of state government;

(b) An official or a member of the official's staff in the legislative branch of state government; or

(c) A member of the immediate family of an official in the executive or legislative branch of state government.

(2) No official or member of the official's staff in the executive or legislative branch of state government or member of the official's immediate family shall within one calendar month accept from a principal, lobbyist, or person acting on behalf of either any gifts with an aggregate value of more than fifty dollars.

An admission to a state-owned facility or a state-sponsored industry or event may be given by any sponsoring agency, political subdivision, or publicly funded postsecondary educational institution and accepted regardless of value.

Gift shall mean a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is given therefor.

Gift shall not include:

  • A campaign contribution otherwise reported as required by law,
  • A commercially reasonable loan made in the ordinary course of business,
  • A gift received from a relative,
  • A breakfast, luncheon, dinner, or other refreshments consisting of food and beverage provided for immediate consumption, or the occasional provision of transportation within the State of Nebraska.
Nevada
281A.400
218H.060
218H.930

 

A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.

A member of the legislative branch or a member of his staff or immediate family shall not solicit anything of value from a registrant or accept any gift that exceeds $100 in aggregate value in any calendar year.

A lobbyist shall not give to a member of the Legislative Branch or a member of his or her staff or immediate family gifts that exceed $100 in value in the aggregate in any calendar year.

"Gift" means a payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value unless consideration of equal or greater value is received.

"Gift" does not include:

  • A political contribution of money or services related to a political campaign,
  • A commercially reasonable loan made in the ordinary course of business,
  • Cost of entertainment, including the cost of food or beverages, or anything of value received from a member of the recipient's immediate family or from a relative of the recipient or his spouse within the third degree of consanguinity or from the spouse of any such relative.
New Hampshire
15-B:2
15-B:3

 

 I. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any elected official, public official, public employee, constitutional official, or legislative employee.
    II. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any family member, as defined in this chapter, of any elected official, public official, public employee, constitutional official, or legislative employee, with a purpose of influencing or affecting the official conduct of such official or employee.
    III. No elected official, public official, public employee, constitutional official, or legislative employee shall knowingly accept, directly or indirectly, any gift, as defined in this chapter.

"Gift'' means:
Money in any amount, whether in the form of cash, check or any other negotiable or non-negotiable instrumentality for the transfer of money.
 Any other tangible thing, intangible thing, service, or the use thereof having more than insignificant economic value. Any such item with a value of less than $25 is presumed to be of insignificant economic value.

Gift shall not include:

  • A political contribution as defined in RSA 664.
  • A commercially reasonable loan, made in the ordinary course of business.
  • Repayment to an elected official, public official, public employee, constitutional official, or legislative employee of a bona fide loan made by such a person.
  •  A ceremonial plaque, award, or other commemorative object, which is personally inscribed to the recipient and which has inconsequential economic value. A ceremonial object or award with a value of $150 or less is presumed to be of inconsequential economic value.
  • Objects or services which primarily serve an informational purpose provided in the ordinary course of business, such as reports, books, maps, or charts.
  • Money in any form, an object, or any tangible or intangible thing or service of economic value, where the donor's act of giving is purely private and personal in nature and the money, object, or tangible or intangible thing or service of economic value would have been given and received even if the person were not an elected official, public official, public employee, constitutional official, or legislative employee.
  •  Wages, salary, benefits, mileage, or payment for expenses received by the person in his or her regular course of employment or business which is unrelated to the government position held.
  •  Wages, salary, benefits, mileage, or payment for expenses paid to the person by the state, a county, or the United States of America related to performance of official duties.
  • Tickets or free admission to a charitable, ceremonial, or political event provided that: (A) The proceeds of the event are subject to the political contributions and expenditure reporting law, RSA 664; or (B) The event is sponsored by a charitable organization that is registered with the division of charitable trusts, department of justice, or which is a charitable organization pursuant to section 501(c)(3) of the federal tax code; or (C) The event is published as an event open for attendance by any member of the general court in the calendar of the senate or the house.
  • Meals, beverages, lodging, or transportation associated with attendance at: (A) Any event for which the primary significance is ceremonial or celebratory, provided the event is public or, if by invitation only, is planned to have an attendance greater than 50 people; or (B) Any event where the person is attending in an official capacity representing the state and/or the senate, house, or the agency of which the person is a member.
  • Expense reimbursement or an honorarium.
  • Meals and beverages consumed at a meeting or event, the purpose of which is to discuss official business.>
  • Monetary or non-monetary awards or recognition issued under the suggestion and extraordinary service award program under RSA 99-E.
New Jersey
52:13D-24
52:13D-24.1
52:13C-21b
19:44A

No member of the legislature or legislative staff may accept, directly or indirectly, nor may a lobbyist or government affairs agent give, any compensation, reward, employment, gift, honorarium or other thing of value from each lobbyist or legislative agent as defined in 52:13C-18, totalling more than $250 in a calendar year. This does not apply if the lobbyist is a member of the legislator's immediate family. This section applies to members of the legislator's household.

No State officer or employee, special State officer or employee, or member of the Legislature shall solicit, receive or agree to receive, whether directly or indirectly, any compensation, reward, employment, gift, honorarium, out-of-State travel or subsistence expense or other thing of value from any source other than the State of New Jersey, for any service, advice, assistance, appearance, speech or other matter related to the officer, employee, or member's official duties, except as authorized in this section.

"Gift" means any money or thing of value received other than as income, and for which a consideration of equal or greater value is not received, but does not include any political contribution reported as otherwise required by law, any loan made in the ordinary course of business, or any devise, bequest, intestate estate distribution or principal distribution of a trust or gift received from a member of a person's household or from a relative within the third degree of consanguinity of the person or his spouse, or from the spouse of that relative;

Exceptions: Section doesn't apply if the legislator makes a full reimbursement to the giver within 90 days.

New Mexico
10-16B-3

 

 

10-16-3
 
 
10-16B-4
A. A state officer or employee or a candidate for state office, or that person's family, shall not knowingly accept from a restricted donor, and a restricted donor shall not knowingly donate to a state officer or employee or a candidate for state office, or that person's family, a gift of a market value greater than two hundred fifty dollars ($250).

B. A lobbyist registered with the secretary of state, the lobbyist's employer or a government contractor shall not donate gifts of an aggregate market value greater than one thousand dollars ($1,000) in a calendar year to any one state officer or employee or to any one candidate for state office.

C.  A state officer or employee shall not solicit gifts for a charity from a business or corporation regulated by the state agency for which the state officer or employee works and shall not otherwise solicit donations for a charity in such a manner that it appears that the purpose of the donor in making the gift is to influence the state officer or employee in the performance of an official duty.

D. No legislator, public officer or employee may request or receive, and no person may offer a legislator, public officer or employee, any money, thing of value or promise thereof that is conditioned upon or given in exchange for promised performance of an official act.  Any person who knowingly and willfully violates the provisions of this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

A gift is any donation or transfer without commensurate consideration of money, property, service, loan or anything of value including food, lodging, transportation and tickets to events. Gift does not include any activity authorized by the Campaign Reporting Act of the Federal Election Campaign Act; a gift clearly motivated by a family or close personal relationship; compensation for services rendered; payment for sale or lease of property; commercially reasonable loan; reimbursement for out-of-pocket expenses for service to person making reimbursement; a gift accepted on behalf of and to be used by the state or political subdivision; reasonable expenses for an educational program directly related to official duties or a retirement gift. Defines restricted donor.  A state officer or employee may not accept a gift from a restricted donor that exceeds $250. A lobbyist shall not donate gifts of an aggregate value over $1,000 to any one official or candidate. A violation is a petty misdemeanor.

A person who violates the provisions of the Gift Act (10-16B-1) is guilty of a petty misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1

10-16-B-2

B. "gift" means any donation or transfer without commensurate consideration of money, property, service, loan, promise or any other thing of value, including food, lodging, transportation and tickets for entertainment or sporting events

Exceptions:
(1) any activity, including but not limited to the acceptance of a donation, transfer or contribution, or the making of an expenditure or reimbursement, that is authorized by the Campaign Reporting Act [1-19-25 NMSA 1978] or the Federal Election Campaign Act of 1971, as amended;

2) a gift given under circumstances that make it clear that the gift is motivated by a family relationship or close personal relationship rather than the recipient's position as a state officer or employee or candidate for state office;

3) compensation for services rendered or capital invested that is:

a) normal and reasonable in amount;

b) commensurate with the value of the service rendered or the magnitude of the risk taken on the investment;

c) in no way increased or enhanced by reason of the recipient's position as a state officer or employee or candidate for state office; and

d) not otherwise prohibited by law;

4)  payment for a sale or lease of tangible or intangible property that is commensurate with the value of the services rendered and is in no way increased or enhanced by reason of the recipient's position as a state officer or employee or candidate for state office;

5) a commercially reasonable loan made in the ordinary course of the lender's business on terms that are available to all similarly qualified borrowers;

6) reimbursement for out-of-pocket expenses actually incurred in the course of performing a service for the person making the reimbursement;

7) any gift accepted on behalf of and to be used by the state or a political subdivision of the state, including travel, subsistence and related expenses accepted by a state agency in connection with a state officer's or employee's official duties that take place away from the state official's or employee's station of duty;

8) anything for which fair market value is paid or reimbursed by the state officer or employee or candidate for state office;

9) reasonable expenses for a bona fide educational program that is directly related to the state officer's or employee's official duties; or

10) a retirement gift;

New York
NY CLS Legis § 1-c
NY CLS Legis § 1-m
NY PBO 73 (5)

 

5. No statewide elected official, state officer or employee, member of the legislature or legislative employee shall, directly or indirectly, solicit, accept or receive any gift having more than a nominal value whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part. No person shall, directly or indirectly, offer or make any such gift to a statewide elected official, or any state officer or employee, member of the legislature or legislative employee under such circumstances. Sets out penalties.

Prohibition of gifts. No individual or entity required to be listed on a statement of registration pursuant to this article (lobbyist registration) shall offer or give a gift to any public official as defined within this article, unless under the circumstances it is not reasonable to infer that the gift was intended to influence such public official. No individual or entity required to be listed on a statement of registration pursuant to this article shall offer or give a gift to the spouse or unemancipated child of any public official as defined within this article under circumstances where it is reasonable to infer that the gift was intended to influence such public official. No spouse or
unemancipated child of an individual required to be listed on a statement of registration pursuant to this article shall offer or give a gift to a public official under circumstances where it is reasonable to infer that the gift was intended to influence such public official. This section shall not apply to gifts to officers, members or directors of boards, commissions, councils, public authorities or public benefit
corporations who receive no compensation or are compensated on a per diem basis, unless the person listed on the statement of  registration appears or has matters pending before the board, commission or council
on which the recipient sits.

The term "gift" shall mean anything of more than nominal value given to a public official including, but not limited to, money, service, loan, travel, lodging, meals, refreshments,  entertainment, discount, forebearance, or promise, having a monetary value.

The following are excluded from the definition of a gift:

  • Complimentary attendance, including food and beverage, at bona fide charitable or political events;
  • Complimentary attendance, food and beverage offered by the sponsor at a widely attended event. The term "widely attended event"shall mean an event: (A) which at least twenty-five individuals other than members, officers, or employees from the government entity in which the public official serves attend or were, in good faith, invited to attend and (B) which is related to the attendee's duties or responsibilities or which allows the public official to perform a ceremonial function appropriate to his or her position. For the purposes of this exclusion, a public official's duties or responsibilities shall include but not be limited to either (1) attending an event or a meeting at which a speaker or attendee addresses an issue of public interest or concern as a significant activity at such event or meeting or (2) for elected public officials, or their staff attending with or on behalf of such elected officials, attending an event or a meeting at which more than one-half of the attendees, or persons invited in good faith to attend, are residents of the county, district or jurisdiction from which the elected public official was elected;
  • Awards, plaques, and other ceremonial items which are publicly presented, or intended to be publicly presented, in recognition of public service, provided that the item or items are of the type customarily bestowed at such or similar ceremonies and are otherwise reasonable under the circumstances, and further provided that the functionality of such items shall not determine whether such items are permitted under this paragraph;
  • An honorary degree bestowed upon a public official by a public or private college or university;
  • Promotional or marketing items having no substantial resale value such as pens, mugs, calendars, hats and t-shirts which bear an organization's name, logo or message in a manner which promotes the organization's cause;
  • Goods or services, or discounts for goods and services, offered to the general public or a segment of the general public defined on a basis other than status as a public official and offered on the same terms and conditions as the goods or services are offered to the general public or segment thereof;
  • gifts from a family member, member of the same household, or person with a personal relationship with the public official, including invitations to attend personal or family social events, when the circumstances establish that it is the family, household, or personal relationship that is the primary motivating factor; in determining motivation, the following factors shall be among those considered: (A) the history and nature of the relationship between the donor and the recipient, including whether or not items have previously been exchanged; (B) whether the item was purchased by the donor; and (C) whether or not the donor at the same time gave similar items to other public officials; the transfer shall not be considered to be motivated by a family, household, or personal relationship if the donor seeks to charge or deduct the value of such item as a business expense or seeks reimbursement from a client;
  • Contributions reportable under article fourteen of the election law;
  • Travel reimbursement or payment for transportation, meals and accommodations for an attendee, panelist or speaker at an informational event or informational meeting when such reimbursement or payment is made by a governmental entity or by an in-state accredited public or private institution of higher education that hosts the event on its campus, provided, however, that the public official may only accept lodging from an institution of higher education: (A) at a location on or within close proximity to the host campus; and (B) for the night preceding and the nights of the days on which the attendee, panelist or speaker actually attends the event or meeting;
  • Provision of local transportation to inspect or tour facilities, operations or property located in New York state, provided, however, that such inspection or tour is related to the individual's official duties or responsibilities and that payment or reimbursement for expenses for lodging or travel expenses to and from the locality where such facilities, operations or property are located shall be considered to be gifts unless otherwise permitted under this subdivision;
  • Meals or refreshments when participating in a professional or educational program and the meals or refreshments are provided to all participants; and
  • Food or beverage valued at fifteen dollars or less.
North Carolina
G.S. 138A-32
G.S. 120C-303

 

(a) A covered person or a legislative employee shall not knowingly, directly or indirectly, ask, accept, demand, exact, solicit, seek, assign, receive, or agree to receive anything of value for the covered person or legislative employee, or for another person, in return for being influenced in the discharge of the covered person's or legislative employee's official responsibilities, other than that which is received by the covered person or the legislative employee from the State for acting in the covered person's or legislative employee's official capacity.
(b) A covered person may not solicit for a charitable purpose any gift from any subordinate state employee.  [There are specified exceptions.]
(c) no public servant, legislator, or legislative employee shall knowingly accept a gift, directly or indirectly, from a lobbyist or lobbyist principal. No legislator or legislative employee shall knowingly accept a gift from liaison personnel designated under Chapter 120C of the General Statutes.
(d) No public servant shall knowingly accept a gift from a person whom the public servant knows or has reason to know any of the following:
(1) Is doing or is seeking to do business of any kind with the public servant's employing entity.
(2) Is engaged in activities that are regulated or controlled by the public servant's employing entity.
(3) Has financial interests that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the public servant's official duties. 

Gifts by lobbyists and lobbyist principals prohibited. No lobbyist or lobbyist principal may do any of the following: (1) Knowingly give a gift to a designated individual. (2) Knowingly give a gift with the intent that a designated individual be an ultimate recipient.
(shall not apply to gifts as described in G.S. 138A‑32 (e).)


 

G.S. 138A-3(15) defines gifts as “anything of monetary value given or received without valuable consideration” by or from a lobbyist, a lobbyist principal, or certain persons doing business with a public servant’s employer. There is no de minimis exception to the definition of gift. However, the definition specifically excludes the following:

  • Items for which the recipient paid full value
  • Loans made on the same terms as are available to the general public
  • Contracts or commercial relationships in the normal course of business and not for lobbying purposes
  • Certain academic or athletic scholarships
  • Campaign contributions that otherwise comply with state law
  • Expressions of condolence related to a death of an individual, sent within a reasonable time of the death, if the expression is one of the following: A sympathy card, letter, or note, flowers, food or beverages for immediate consumption, donations to a religious organization, charity, the State or a political subdivision of the State, not to exceed a total of two hundred dollars ($200.00) per death per donor.
  • Also, G.S. 138A-32(e) exempts the following gifts from the gift ban (the exemptions do not apply if a gift is a quid pro quo gift):
  • Food and beverage for immediate consumption for any of the following (public events are defined differently for legislators and legislative employees than for public servants.):  an open meeting of a public body, provided that the open meeting is properly noticed; a gathering of an person or governmental unit with at least 10 or more individuals in attendance open to the general public, provided there is indication (via a sign) that it is open to the public; a gathering of a person or governmental unit to which the entire board of which a public servant is a member, at least 10 public servants, all the members of the House of Representatives, all the members of the Senate, all the members of a county or municipal legislative delegation, all the members of a recognized legislative caucus with regular meetings other than meetings with one or more lobbyists, all the members of a committee, a standing subcommittee, a joint committee or joint commission of the House of Representatives, the Senate, or the General Assembly, or all legislative employees are invited, and one of the following applies: 1. at least 10 individuals associated with the person or governmental unit actually attend, other than the covered person or legislative employee, or the immediate family of the covered person or legislative employee. 2. all shareholders, employees, board members, officers, members, or subscribers of the person or governmental unit located in North Carolina are notified and invited to attend.
  • Food, beverages, registration fees, travel expenses, and entertainment received by a covered person or legislative employee for attendance at certain educational meetings or meetings of legislative organizations if (1) the expenditures are made by a lobbyist’s principal; (2) the food, beverages, and entertainment are provided to all attendees or a defined group of at least ten attendees; (3) the entertainment is incidental to the primary purpose of the meeting and (4) If the legislator, public servant, or legislative employee is participating as a speaker or member of a panel, then that legislator, public servant, or legislative employee must be a bona fide speaker or participant.
  • A plaque or similar “nonmonetary memento” recognizing individual services in a field or specialty or to a charitable cause.
  • Gifts accepted on behalf of the state and for the state’s benefit.
  • Anything generally made available to the general public or all other state employees by lobbyists or lobbyists’ principals.
  • Gifts from extended family or members of the same household.
  • Gifts given to a public servant that are associated with industry recruitment or the promotion of international trade or tourism, if the gifts are reported electronically to the Ethics Commission within a specified time period and tangible gifts are given to the Department of Commerce.
  • Certain gifts under $100 in value that are given to a public servant while on a trade mission in another country. 
  •   Gifts given or received as part of a business, civic, religious, fraternal, personal, or commercial relationship provided all of the following conditions are met:
    a.         The relationship is not related to the public servant's, legislator's, or legislative employee's public service or position.
    b.         The gift is made under circumstances that a reasonable person would conclude that the gift was not given to lobby.
  •  Food and beverages for immediate consumption and related transportation provided all of the following conditions are met:
    a.        The food, beverage, or transportation is given by a lobbyist principal and not a lobbyist.
    b.         The food, beverage, or transportation is provided during a conference, meeting, or similar event and is available to all attendees of the same class as the recipient.
    c.         The recipient of the food, beverage, or transportation is a director, officer, governing board member, employee, or independent contractor of one of the following: The lobbyist principal giving the food, beverage, or transportation.  A third party that received the funds to purchase the food, beverages, or transportation.
  • Food and beverages for immediate consumption at an organized gathering of a person, the State, or a governmental unit to which a public servant is invited to attend for purposes primarily related to the public servant's public service or position, and to which at least 10 individuals, other than the public servant, or the public servant's immediate family, actually attend, or to which all shareholders, employees, board members, officers, members, or subscribers of the person or governmental unit who are located in a specific North Carolina office or county are notified and invited to attend.
  • Informational materials relevant to the duties of the covered person or legislative employee.

Per the lobbying law, 120C-303

  •  Gifts made to a nonpartisan state, regional, national, or international legislative organization of which the General Assembly is a member or a legislator or legislative employee is a member or participant of by virtue of that legislator's or legislative employee's public position, or to an affiliated organization of that nonpartisan state, regional, national, or international organization, shall not constitute a violation, or
  • Gifts made to a nonpartisan state, regional, national, or international organization of which a public servant's agency is a member or a public servant is a member or participant of by virtue of that public servant's public position, or to an affiliated organization of that nonpartisan state, regional, national, or international organization, shall not constitute a violation.
North Dakota
54-05.1-05(1)(2)

(1) When any lobbyist invites a legislator to attend a function sponsored in whole or part by the lobbyist or the principal, the lobbyist shall, upon the request of the legislator, supply the legislator with the true or estimated cost of the gratuity and allow the legislator to attend the function and pay the legislator's own share of the expenses.

(2) When any lobbyist offers a gift of a non-information-bearing nature to a legislator, a lobbyist shall, upon the request of the legislator, supply the legislator with the true or estimated cost of the gratuity and allow the legislator to pay the cost of and receive the gift.

 

Ohio
102.03
102.031

 

No public official or employee shall solicit or accept anything of value that is of such a character as to manifest a substantial and improper influence upon the public official or employee with respect to that person's duties.

No person shall promise or give to a public official or employee anything of value that is of such a character as to manifest a substantial and improper influence upon the public official or employee with respect to that person's duties.

No member of the general assembly shall knowingly accept any of the following from a legislative agent:

  • The payment of any expenses for travel or lodging except as otherwise authorized by division (H) of section 102.03 of the Revised Code;
  • More than seventy-five dollars aggregated per calendar year as payment for meals and other food and beverages, other than for those meals and other food and beverages provided to the member at a meeting at which the member participates in a panel, seminar, or speaking engagement, at a meeting or convention of a national organization to which either house of the general assembly, any legislative agency, or any other state agency pays membership dues, or at a dinner, party, or function to which all members of the general assembly or all members of either house of the general assembly are invited;
  • A gift of any amount in the form of cash or the equivalent of cash, or a gift of any other thing of value whose value exceeds seventy-five dollars.

"Gift" does not include any contribution or any gifts of meals and other food and beverages or the payment of expenses incurred for travel to destinations either inside or outside this state that is received by the member of the general assembly and that is incurred in connection with the member's official duties. It is not a violation of division (C)(2) of this section if, within sixty days after receiving notice from a legislative agent that the legislative agent has provided a member of the general assembly with more than seventy-five dollars aggregated in a calendar year as payment for meals and other food and beverages, the member of the general assembly returns to that legislative agent the amount received that exceeds seventy-five dollars.

Oklahoma
74 Okl. St. Chap. 62, Appx.
257:20-1-9
257:1-1-2.

 

(a) Influence of official act, fraud or official duty. No state officer and no state employee shall, directly or indirectly, ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value for the state officer or employee or for any other person or entity, in return for being:
(1) influenced in the performance of an official act;
(2) influenced to commit, aid in committing, collude in, or allow fraud, or make an opportunity for the commission of fraud on a governmental entity; or
(3) induced to perform or fail to perform an act in violation of the state officer's or state employee's official duty.
(b) Soliciting individually or on behalf of a regulatory governmental entity prohibited. No state officer and no state employee shall, directly or indirectly, ask, demand, exact, solicit, seek, accept, assign, receive or agree to receive anything of value individually or for or on behalf of a governmental entity from a business entity, its employees, officers or board members, or a person who has greater than a ten percent (10%) interest in such entity if the rates, charges, prices or fees charged by the business entity are subject to regulation by the governmental entity which the officer or employee serves. This provision does not apply to a campaign contribution properly received and reported, which is exempt from the definition of anything of value in Section 2 of Chapter 1 of this title, or to anything of value accepted on behalf of the state of Oklahoma pursuant to Subsection (e) (f) of this subsection.

(c) Calendar year limits on things of value.

(1) State officers and state employees. No state officer, state employee or an immediate family member of such state officer or state employee shall, directly or indirectly, ask, demand, exact, solicit, seek, accept, assign receive or agree to receive things of value in a calendar year which, in the aggregate, are valued at more than one hundred dollars ($100) from a person who the state officer or state employee knows or should know:
(A) is a lobbyist or lobbyist principal, provided that the following shall not be subject to this subsection:
(i) things of value received as a result of or arising out of employment by, or doing business with, a lobbyist or lobbyist principal; and
(ii) things of value received from any director, stockholder, partner, agent, affiliate, member, employee or officer of a lobbyist principal if the donor is excepted in subparagraph (D) of Paragraph (2) from the definition of “anything of value” in Section 2 of Chapter 1 of this title, or if there exists between the recipient and the donor a close personal relationship of long standing in which the mutual exchange of gifts on special occasions, such as holidays or anniversaries, has become customary;
(B) is seeking to do business or doing business with the governmental entity of which the state officer's or state employee's office or employment is a part; or
(C) has an economic interest in actions or matters before or affecting the governmental entity of which the state officer's or state employee's office or employment is a part.
A thing or things of value given by a lobbyist; the lobbyist principal by whom the lobbyist is employed or retained; or a stockholder, partner, agent, affiliate, member, employee or officer of the lobbyist principal or lobbyist principals by whom the lobbyist is employed or retained are aggregated for purposes of the disclosure threshold and calendar year limits, regardless of how the thing or things of value are funded if, and only if, the thing or things of value are given at the specific direction, and on behalf of, the lobbyist principal. Lobbyists principals of contract lobbyists shall not be aggregated together for purposes of this provision. If more than one lobbyist is retained or employed by a lobbyist principal, the disclosure and calendar year limits of the first lobbyist to register on behalf of the lobbyist principal for a calendar year are aggregated with each additional lobbyist, employed or retained by the same lobbyist principal.

Exceptions:

(d) Prohibition versus limit–Exception. Nothing in Subsection (c) shall allow a state officer or state employee to accept anything of value in violation of Subsection (a) of this section. Subsection (c) shall not apply to public members when things of value are received but are not given as a result of the public member's status as a public member.

(f) Exceptions for forms of compensation, gifts to state, gifts to charitable organizations, officers/directors of professional organizations, humanitarian efforts for state officers and state employees and financial aid awards, tuition waivers, scholarships, educational grants. Nothing in this section shall prohibit the acceptance or require the disclosure of:

(1) compensation, bonuses, dividends, interest payments, employee benefits, expense reimbursements or other forms of compensation or earnings on investments;

(2) anything of value which is accepted by the Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives or Chief Justice of the Supreme Court, on behalf of the state of Oklahoma or a governmental entity pursuant to Section 381 et seq. of Title 60 of the Oklahoma Statutes. In order to be deemed accepted, the appropriate state officer must be notified in writing of any gift received by a governmental entity, or person on behalf of a governmental entity, within ten (10) days of receipt of the gift. Notice of acceptance must be received from the appropriate state officer within the next thirty (30) days. Upon lack of a response from the appropriate state officer within thirty (30) days of receipt of the notice, the gift is deemed rejected and must be returned to the donor; or

(3) the solicitation or acceptance of anything of value for or from a charitable organization when the solicitation or acceptance is directly related to the purposes or mission of the organization;

(4) the solicitation or acceptance of anything of value for or from a tax-exempt professional organization established by state statute or rules passed by the Oklahoma Supreme Court when a state officer or state employee is a member, officer or director of the organization and the receipt of anything of value results from the state officer or state employee attending a function, meeting or seminar on behalf of, or as a representative of, the organization; or

(5) the solicitation or acceptance of a thing or things of value by or on behalf of a state officer or state employee, or an immediate family of a state officer or state employee, as a humanitarian effort to assist a victim of a catastrophic accident or life threatening disease, illness or disability, or a victim of a natural disaster or similar event;

(6) the acceptance or award of need-based or merit-based financial aid awards, tuition waivers, scholarships and educational grants, in any form, accepted or awarded to a state officer, a state employee or a family member of a state officer or state employee.

Provided, nothing in this subsection shall authorize the solicitation or acceptance of anything of value in violation of the provisions of Subsection (a) of this section.

"Anything of value"

"Thing of value" or "Things of value"

These terms, to the extent that consideration of equal or greater value is not received, include the following:

  • A pecuniary item, including money, or a bank bill or note;
  • A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;
  • A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
  • A stock, bond, note, or other investment interest in an entity;
  • A receipt given for the payment of money or other property;
  • A right in action;
  • A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel,
  • A loan or forgiveness of indebtedness,
  • A work of art, antique, or collectible;
  • An automobile or other means of personal transportation;
  • Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested in realty, a leasehold interest, or other beneficial interest in realty;
  • An honorarium or compensation for services,
  • A rebate or discount in the price of anything of value or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public,
  • A promise or offer of employment;
  • Transportation or entertainment; or
  • Any other thing of value not excluded by Paragraph (2) of this definition.
These terms do not include:
  • A campaign contribution properly received and reported;
  • Any books, written materials, audio tapes, videotapes, or other informational promotional material related to the performance of a state officer's or state employee's official duties;
  • A gift that:
  • is not used, and
  • no later than thirty (30) days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes;
  • A gift, devise, or inheritance from an individual's spouse, child, step-child, parent, step-parent, grandparent, step-grandparent, sibling, step-sibling, parent-in-law, sibling-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of that individual, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subparagraph;
  • A plaque or trophy with a value that does not exceed two hundred dollars ($200);
  • Modest items of food and refreshments, such as soft drinks, coffee, and donuts, offered other than as part of a meal;
  • Food and beverage consumed on the occasion when participating in a charitable, civic, or community event, or at any event to which all members of the Legislature are invited, which bears a relationship to the state officer's or state employee's office and the officer or employee is attending in an official capacity;
  • Greeting cards and items with little intrinsic value, such as certificates, which are intended solely for presentation;
  • Loans from banks and other financial institutions on terms generally available to the public;
  • Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all state government employees, whether or not restricted on the basis of geographic consideration;
  • Rewards and prizes given to competitors in contests or events, including random drawings, which are open to the public; rewards and prizes from contests or events which are not open to the public are also excepted if the state officer's or state employee's entry into the contest is required as part of his official duties;
  • Pension and other benefits resulting from participation in a retirement plan offered by an employer or former employer of a state officer or state employee;
  • Anything which is paid for by the state government or secured by the state government under state government contract;
  • Any gift accepted by the state or governmental entity under specific statutory authority;
  • Anything for which market value is paid by the state officer or state employee;
  • Transportation furnished to a state officer or state employee to assist the officer or employee in the performance of the officer's or employee's official duties and from which the officer or employee receives no personal benefit;
  • Food, transportation or entertainment provided by a governmental agency or governmental enterprise of a foreign nation as a gesture of hospitality;
  • Prescription drugs or similar items given to the recipient for distribution to patients in need of treatment which are not used by the recipient;
  • A meal or other food served at a meeting at which the state officer or state employee is an invited guest; and
  • Any gratuity provided at a meeting, conference, or seminar by sponsors, exhibitors, etc., the cost of which is not borne by a registrant to such meeting, conference, or seminar.
Oregon
244.025
244.020

During a calendar year, a public officia, a candidate for public office or a relative member of the household of the public official or candidate may not solicit or receive, directly or indirectly, any gift or gifts with an aggregate value in excess of $50 from any single source that could reasonably be known to have a legislative or administrative interest in any governmental agency in which the public official holds, or the candidate elected would hold, any official position or over which the public official exercises, or the candidate if elected would exercise, any authority.

During a calendar year, a person who has a legislative or administrative interest in any governmental agency in which a public official holds any official position or over which the public official exercises any authority may not offer to the public official or a relative or member of the household of the public official any gift or gifts with an aggregate value in excess of $50.

During a calendar year, a person who has a legislative or administrative interest in any governmental agency in which a candidate for public office if elected would hold any official position or over which the candidate if elected would exercise any authority may not offer to the candidate or a relative or member of the household of the candidate any gift or gifts with an aggregate value in excess of $50.

Notwithstanding the above, (a) a public official, a candidate for public office or a relative or member of the household of the public official or candidate may not solicit or receive, directly or indirectly, any gift of payment of expenses for entertainment from any single source that could reasonably be known to have a legislative or administrative interest in any governmental agency in which the public officia holds, or the candidate elected would hold, any official position or over which the public officia exercises, or the candidate if elected would exercise, any authority. (b) a person who has a legislative or administrative interest in any governmental agency in which a public official holds any official position or over which the public official exercises any authority may not offer to the public official or a relative or member of the household of the public official any gift of payment of expenses for entertainment. (c) a person who has a legislative or administrative interest in any governmental agency in which a candidate for public officeif elected would hold any official position or over which the candidate if elected would exercise any authority may not offer to the candidate or a relative or member of the household of the candidate any gift of payment of expenses for entertainment.

"Gift" means something of economic value given to a public official or the public official's relative without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or the relatives of public officials on the same terms and conditions; and something of economic value given to a public official or the public official's relative for valuable consideration less than that required from others who are not public officials.

"Gift" does not mean:

  • Campaign contributions, as described in ORS chapter 260.
  • Gifts from relatives or members of the household of the public official.
  • Unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento or similar item, with a resale value reasonably expected to be less than $25.
  • Informational material, publications or subscriptions related to the recipient's performance of official duties.
  • Admission provided to or the cost of food or beverage consumed by a public officia, or a member of the household staff of the public official when accompanying the public official, at a reception, meal, or meeting held by an organization before whom the public official appears to speak or answer questions as part of a scheduled program.
  • Reasonable expenses paid by any unit of the federal government, a state or local government, a Native American tribe that is recognized by federal law or informally acknowledged by a state, a membership organization to which a public body as defined in ORS 174.109 pays membership dues or a not-for-profit corporation that is tax-exempt under section 501(c)(3) of the Internal Revenue Code and that receives less than five percent of its funding from for-profit organizations or entities, for attendance at a convention, fact-finding mission or trip, or other meeting if the public official is scheduled to deliver a speech, make a presentation, participate on a panel or represent state, local or special government body, as defined in ORS.
  • Contributions made to a legal expense trust fund for the benefit of the public official.
  • Reasonable food, travel or lodging expenses provided to a public official, relative of the public official accompanying the public official or a staff member of the public official accompanying the public official, when the public officia is representing state, local or special government body as defined by ORS (i) on an officially sanctioned trade-promotion or fact-finding mission; (ii) while engaged in due diligence research of presentations by the office of the State Treasurer related to an existing or proposed investment or borrowing; (iii) while engaged in a meeting of an advisory, governance or policy-making body of a corporation, partnership or other entity in which the office of the State Treasurer has invested moneys.
  • Waiver or discount of registration expenses or materials provided to a public officia at a continuing education event that the public official may attend to satisfy a professional licensing requirement.
  • Expenses provided by one public official to another public official for travel inside the state to or from an event that bears a relationship to the receiving public official's office and at which the official participates in an official capacity.
  • Food or beverage consumed by a public official at a reception where the food or beverage is provided as an incidental part of the reception and no cost is placed on the food or beverage.
  • Entertainment provided to a public officia or a relative or member of the household of the public official that is incidental to the main purpose of another event.
  • Entertainment provided to a public official or a relative or member of the household of the public official where the public official is acting in an official capacity while representing state, local or special government body as defined in ORS for a ceremonial purpose. 
Pennsylvania
Title 65  Sec. 1103

(b) No person shall offer or give to a public official, public employee, or nominee or candidate for public office or a member of his immediate family or a business with which he is associated, anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment based on the offeror's or donor's understanding that the vote, official action, or judgement of the public official or public employee or nominee or candidate for public office would be influenced thereby.

(c) No public official, public employee or nominee or candidate for public office shall solicit or accept anything of monetary value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding of that public official, public employee or nominee that the vote, official action, or judgement of the public official or public employee or nominee or candidate for public office would be influenced thereby.

"Gift". Anything which is received without consideration of equal or greater value. The term shall not include a political contribution otherwise reported as required by law or a commercially reasonable loan made in the ordinary course of business.

Rhode Island
36-14-5
36-14-17

 

(g) No person subject to this code of ethics, or spouse (if not estranged), dependent child, or business associate of the person, or any business by which the person is employed or which the person represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the person would be influenced thereby.

(i) No person shall give or offer to any person covered by this code of ethics, or to any candidate for public office, or to any person within his or her family or business associate of any person, or to any business by which the person is employed or which the person represents, any gift, loan, political contribution, reward, or promise of future employment based on any understanding or expectation that the vote, official action, or judgment of the person would be influenced thereby.

Note:  By regulation of the State Ethics Commission, all public officials are prohibited from accepting any gift worth more than $25 from a lobbyist.

South Carolina
2-17-80
2-17-90
8-13-705
8-13-100

(A) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, or provide to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees any of the following:

(1) lodging;

(2) transportation;

(3) entertainment;

(4) food, meals, beverages, money, or any other thing of value;

(5) contributions, as defined in Section 8‑13‑1300(7).

(B) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees shall not solicit or receive from a lobbyist or a person acting on behalf of a lobbyist any of the following:

(1) lodging;

(2) transportation;

(3) entertainment;

(4) food, meals, beverages, money, or any other thing of value;

(5) contributions, as defined in Section 8‑13‑1300(7).

(C) Subsections (A)(1) through (A)(4) and subsections (B)(1) through (B)(4) of this section do not apply to the furnishing of lodging, transportation, entertainment, food, meals, beverages, or any other thing of value which also is furnished on the same terms or at the same expense to a member of the general public without regard to status as a public official or public employee.

A person may not, directly or indirectly, give, offer, or promise anything of value to a public official, public member, or public employee with the intent to:
(1) influence the discharge of a public official's, public member's, or public employee's official responsibilities;
(2) influence a public official, public member, or public employee to commit, aid in committing, collude in, or allow fraud on a governmental entity;  or
(3) induce a public official, public member, or public employee to perform or fail to perform an act in violation of the public official's, public member's, or public employee's official responsibilities.
(B) A public official, public member, or public employee may not, directly or indirectly, knowingly ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value for himself or for another person in return for being:
(1) influenced in the discharge of his official responsibilities;
(2) influenced to commit, aid in committing, collude in, allow fraud, or make an opportunity for the commission of fraud on a governmental entity;  or
(3) induced to perform or fail to perform an act in violation of his official responsibilities.
(C) A person may not, directly or indirectly, give, offer, or promise to give anything of value to another person with intent to influence testimony under oath or affirmation in a trial or other proceeding before:
       (1) a court;
       (2) a committee of either house or both houses of the General Assembly;  or
       (3) an agency, commission, or officer authorized to hear evidence or take testimony or with intent to influence a witness to fail to appear.
(D) A person may not, directly or indirectly, ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value in return for influencing testimony under oath or affirmation in a trial or other proceeding before:
       (1) a court;
       (2) a committee of either house or both houses of the General Assembly;  or
       (3) an agency, commission, or officer authorized to hear evidence or take testimony, or with intent to influence a witness to fail to appear.
(E) Subsections (C) and (D) of this section do not prohibit the payment or receipt of witness fees provided by law or the payment by the party on whose behalf a witness is called and receipt by a witness of the reasonable costs of travel and subsistence at trial, hearing, or proceeding, or, in the case of an expert witness, of the reasonable fee for time spent in the preparation of the opinion and in appearing or testifying.

(A) Except as otherwise provided under Section 2‑17‑100, no lobbyist’s principal may offer, solicit, facilitate, or provide to a public official or public employee, and no public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist’s principal, except for:

(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses or their committees or subcommittees, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended and accepted when the invitation is extended to all members in attendance at (a) national and regional conventions and conferences of organizations for which the General Assembly pays annual dues as a membership requirement and (b) American Legislative Exchange Council conventions and conferences;

(2) as to a public official of a state agency, board, or commission, a function to which an official of a state agency, board, or commission is invited if the entire board or commission of which the public official is a member is invited;

(3) as to public employees, except for public employees of any statewide constitutional officer, a function to which a public employee is invited if a public official of the agency or department by which the public employee is employed also is invited under another provision of this section;

(4) as to public employees of any statewide constitutional officer, a function to which all statewide constitutional officers are invited;

(5) as to statewide constitutional officers, a function to which a statewide constitutional officer is invited;

(6) as to public officials or public employees, activities reasonably and directly related to state or local economic development efforts. However, the public official or public employee first must obtain prior written approval from:

(a) the Governor, in the case of any of his employees or of any public officials of any state agencies or any of their employees which are not listed in a subitem below;

(b) any statewide constitutional officer, in the case of himself or any of his employees;

(c) the President Pro Tempore of the Senate, in the case of any member of the Senate or its employees; or

(d) the Speaker of the House, in the case of a member of the House of Representatives or its employees.

(7) as to cabinet officers, a function to which all cabinet officers are invited.

(B)(1) No lobbyist’s principal or person acting on behalf of a lobbyist’s principal may provide to a public official or a public employee pursuant to subsection (A)(1), (A)(2), (A)(3), (A)(4), (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding fifty dollars in a day and four hundred dollars in a calendar year per public official, public employee, or cabinet officer.

(2) The daily dollar limitation in item (1) must be adjusted on January first of each even‑numbered year by multiplying the base amount by the cumulative Consumer Price Index and rounding it to the nearest five dollar amount.   For purposes of this section, “base amount” is the daily limitation of fifty dollars, and “Consumer Price Index” means the Southeastern Consumer Price Index All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics.



(1)(a) "Anything of value" or "thing of value" means:

(i) a pecuniary item, including money, a bank bill, or a bank note;

(ii) a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;

(iii) a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;

(iv) a stock, bond, note, or other investment interest in an entity;

(v) a receipt given for the payment of money or other property;

(vi) a chose-in-action;

(vii) a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;

(viii) a loan or forgiveness of indebtedness;

(ix) a work of art, an antique, or a collectible;

(x) an automobile or other means of personal transportation;

(xi) real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;

(xii) an honorarium or compensation for services;

(xiii) a promise or offer of employment;

(xiv) any other item that is of pecuniary or compensatory worth to a person.

(b) "Anything of value" or "thing of value" does not mean:

(i) printed informational or promotional material, not to exceed ten dollars in monetary value;

(ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;

(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;

(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;

(v) an honorary degree bestowed upon a public official, public member, or public employee by a public or private university or college;

(vi) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official or public employee; or

(vii) a campaign contribution properly received and reported under the provisions of this chapter.

Exemption to promising anything of value: political contributions unless the contributions are conditioned upon the performance of specific actions of the person accepting the contributions nor does it prohibit a parent, grandparent, or other close relative from making a gift to a child, grandchild, or other close relative for love and affection except as otherwise provided.
South Dakota
No restrictions.

 

Tennessee
3-6-301(11)
3-6-304
3-6-305(b)

(a) No employer of a lobbyist, lobbyist,  or anyone acting at the specific direction of an employer or  lobbyist shall offer or attempt to offer anything of value to an official in the legislative or executive branch or to the official's immediate family based, on any stated or tacit understanding that the official's vote, official action or judgment would be influenced thereby.

(c) No official in the legislative or executive branch or a member of such official's staff or immediate family shall solicit or accept anything of value in violation of subsection (a).

(a)(1) no employer of a lobbyist or lobbyist may provide a gift, directly or indirectly, to a candidate for public office, official in the legislative branch, or immediate family of such candidate or official. (2) a candidate for public office, an official in the legislative branch, or an official in the executive branch, or the immediate family of such candidate or official, may not solicit or accept, directly or indirectly, a gift from an employer of a lobbyist or a lobbyist.

"Gift" means any payment, honorarium, subscription, loan, advance, forbearance, rendering or deposit of money or services, unless consideration of equal or greater value is received.

"Gift" does not include:

  • A campaign contribution otherwise reported as required by law,
  • A commercially reasonable loan made in the ordinary course of business, or
  • A gift received from a member of the person's immediate family or from a relative within the third degree of consanguinity of the person or of the person's spouse, or from the spouse of any such relative.
  • "Gift" does not include the waiver of a registration fee for a conference or educational seminar.

(b) The following are not subject to the (gift) prohibition:
(1) benefits resulting from business, employment, or other outside activities of a candidate or official or the immediate family of a candidate or official, if such benefits are customarily provided to others in similar circumstances and are not enhanced due to the status of the candidate or official;

(2) informational materials in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or other forms of communication;

(3) gifts that are given for nonbusiness purpose and motivated by close personal friendship, but only to the extent such gifts are specifically defined and authorized by the rules of the ethics commission;

(4) sample merchandise, promotional items, and appreciation tokens, if such merchandise, items and tokens are routinely given to customers, suppliers or potential customers or suppliers in the ordinary course of business;

(5) unsolicited tokens or awards of appreciation, honorary degrees, or bona fide awards in recognition of pubic service in the form of a plaque, trophy, desk item, wall memento and similar items; provided, that any such item shall not be in the form that can readily be converted to cash;

(6) opportunities and benefits made available to all memvers of an appropriate class of the general public, including, but not limited to: (A) discounts afforded to the general public or specified groups or occupations under norma business conditions, except that such discounts may not be based on the status of the candidate or official; (B) prizes and awards given in public contests, and; (C) benefits of participation in events held within the state and sponsored by, or for the benefit of, charitable organizations as defined in 48-101-501(1), if provided by an employer of a lobbyists to an official in the executive branch or to an official in the legislative branch; provided that such events are open to participation by persons other than officials in the executive branch or officials in the legislative branch or the official's immediate family and any benefits received are not enhanced due to the status of the official in the executive or legislative branch; or provided, that invitations are extended to the entire membership of the general assembly;

(7) (A) Expenses for out-of-state travel, if such expenses are paid for or reimbursed by a governmental entity or an established and recognized organization of elected or appointed state government officials, staff of state government officials or both officials and staff, or any other established and recognized organization that is an umbrella organization for such officials, staff, or both officials and staff; (B) Entertainment, food, refreshments, meals, beverages, amenities, goody bags, exhibitor promotional items given in the exhibit hall to conference attendees, health screenings, lodging, or admission tickets that are provided in connection with, and are arranged or coordinated through the employees or designated agents of, a conference, if the conference is sponsored by an established and recognized organization of elected or appointed state government officials, staff of state government officials or both officials and staff, or any other established and recognized organization that is an umbrella organization for such officials, staff, or both officials and staff. For purposes of this subdivision (b)(7)(B), any entertainment, food, refreshments, meals, beverages, amenities, goody bags, or admission tickets provided at events designated as a state night or other events for attendees of the conference shall be deemed to be provided in connection with, and arranged or coordinated through the employees or designated agents of the conference;

(8) Entertainment, food, refreshments, meals, beverages, or health screenings that are provided in connection with an in-state event to which invitations are extended to the entire membership of the general assembly; however, a copy of the invitation shall be delivered to the ethics commission and to each member of the general assembly at least seven (7) days in advance of the event by the employer or lobbyist paying for the event; provided further, however, that, within thirty (30) days following the event, the employer or lobbyist shall electronically report to the commission the total aggregate cost paid for the event, as well as the per person contractual cost for the event or the per person cost for the event based on the number of persons invited, which shall not exceed fifty dollars ($50.00) per person per day, excluding sales tax and gratuity. The value of any such gift may not be reduced below the monetary limitation by dividing the cost of the gift among two (2) or more lobbyists or employers of lobbyists. All such information delivered or reported to the commission shall be promptly posted on the commission's Internet site. The filng of a consolidated report may be authorized by rule, promulgated pursuant to 4-54-103 (1) if the costs of the event are shared by two (2) or more employers or lobbyists; however, any such report shall specify the allocation of the costs among the employers or lobbyists; provided further, however, that the employers or lobbyists shall remain individually accountable for the timeliness and accuracy of the consolidated filing. The fifty dollar ($50.00) limitation shall be increased to the nearest one dollar ($1.00) amount to reflect the percentage of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics, every odd-numbered year on January 1, starting in 2007. The ethics commission shall publish the increased amount on its web site;

(9) Entertainment, food, refreshments, meals, amenities, or beverages that are provided in connection with an in-state event at which a candidate for public office, an official in the legislative branch or an official in the executive branch, or an immediate family member of the candidate or official is a speaker or part of a panel discussion at a scheduled meeting of an established and recognized membership organization that has regular meetings; however, the cost of the entertainment, food, refreshments, meals, amenities, or beverages shall be paid for or reimbursed by the membership organization and the per person cost of the event, which shall not exceed fifty dollars ($50.00) per person per day, excluding sales tax and gratuity. The value of any such gift may not be reduced below such monetary limitation by dividing the cost of the gift among two (2) or more lobbyists or employers of lobbyists. The fifty dollar ($50.00) limitation shall be increased to the nearest one dollar ($1.00) amount to reflect the percentage of change in the average consumer price index (all items-city average) as published by the United States Department of Labor, Bureau of Labor Statistics, every odd-numbered year on January 1 starting in 2007. The ethics commission shall publish the increased amount on its web site;

(10) (A)  Food, refreshments, meals, or beverages that are provided by an employer of a lobbyist in connection with an in-state event to which invitations are extended to an official or officials in the legislative branch or official or officials in the executive branch; provided, that: (i)  No employer of a lobbyist may provide food, refreshments, meals, or beverages, the value of which to the official exceeds fifty dollars ($50.00) per event per day, excluding sales tax and gratuity; nor may such employer of a lobbyist provide any such items to any official pursuant to this subdivision (b)(10)(A)(i) that have a cumulative value of more than one hundred dollars ($100) to the official during a calendar year; (ii)  The value of any such gift may not be reduced below such monetary limitations by dividing the cost of the gift among two (2) or more employers of lobbyists; (iii)  This exception to the prohibition in subsection (a) only applies to a member or members of the general assembly, if the member or members do not receive a per diem allowance pursuant to § 3-1-106, for the day on which the event is held and the member or members do not receive any food, refreshments, meals or beverages that are provided in connection with the in-state event that are not offered or provided to other nonmembers in attendance at the event; and (iv)  An officer or management-level employee of each employer of a lobbyist paying for the event shall attend the event; however, a lobbyist shall not be considered to be an officer or management-level employee of an employer of the lobbyist paying for the event for purposes of this subdivision (b)(10)(A)(iv).  (B)  The fifty dollar ($50.00) and one hundred dollar ($100) amounts in subdivision (b)(10)(A)(i) shall be increased to the nearest one dollar ($1.00) amount to reflect the percentage of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics, every odd-numbered year on January 1 starting in 2007. The ethics commission shall publish the increased amount on its web site;

(11) Occasional or incidental local travel for which no fare is ordinarily charged; or

(12) Contributions to a fund established and controlled by a 501(c)(3) corporation for the benefit of an extremely ill  immediate family member of an employee who is included within the definition of an official in the executive branch; provided, that this subdivision (b)(12) shall expire when the ethics commission promulgates rules pursuant to subdivision (b)(3) concerning gifts for nonbusiness purposes and motivated by close personal friendships.

(c) If an official in the legislative or executive branch attends an event and accepts a gift that is provided by a person or entity not subject to the prohibition set forth in § 3-6-305(a), and if a lobbyist also attends the event and knows or has reason to know that the gift has been provided at the suggestion or direction of the lobbyist, then, within seven (7) days following the event, the lobbyist shall electronically report the following information to the ethics commission....

(d) A gift made contrary to this section, shall not be a violation of this section, if the candidate, official or immediate family member does not use the gift and returns it to the donor within the latter of ten (10) days of receipt or ten (10) days of having knowledge that the gift was a violation or pays consideration of equal or greater value within the latter of ten (10) days of receipt or ten (10) days of having knowledge that the gift was a violation.

Texas
Texas Government Code 305.024
  
Penal Code 36.02
 
Penal Code 36.07-.10

A [lobbyist] may provide one or more gifts to a state officer or stateemployee, or to immediate family or guests invited by a state officer or employee, up to a maximum expenditure total of $500 per offier, employee, immediate family, or guest during a calendar year.

A person may not offer, confer, or agree to confer on a public servant, and a public servant may not solicit, accept, or agree to accept, a "benefit" as consdieration for a decision, opinion, recommendation, vote, or other exercise of discretion by the public servant. 

A member or employee of the legislature should not:
(a) solicit, accept, or agree to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant's official position or duties;
(b) solicits, accepts, or agrees to accept gifts by person subject to legislator's jurisdiction; (c) offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting.

Exceptions:

  • Giifts from a lobbyist related to the state officer, or immediate family or guest invited by a state officer, within the second degree by consanguinity or affinity.

  • Necessary expenditures for transpoprtation and lodging when the purpose of the travel is to explore matters directly related to the duties of the member of the legislative branch, such as fact-finiding trips, including attendance at informational conferences, but not including attendance at merely ceremonial events or pleasure trips.
  • Necessary expenditures for transportation,lodging, food and beverages, and entertainment provided in connection with a conference, seminar, educational program, or similar event in which the member renders services, such a addressing an audience or engaging in a seminar, to the extent that those services are not merely perfunctory.
  • A political contribution as definied in the Election Code.

Exceptions are listed in Texas Penal Code 36.10, and include:

(1) a fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled or for which he gives legitimate consideration in a capacity other than as a public servant;
(2) a gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient; or
(3) a benefit to a public servant required to file a statement under Chapter 572, Government Code, or a report under Title 15, Election Code, that is derived from a function in honor or appreciation of the recipient if:
(A) the benefit and the source of any benefit in excess of $50 is reported in the statement; and (B) the benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with the office which are nonreimbursable by the state or political subdivision
(4) a political contribution as defined by Title 15, Election Code;
(5) a gift, award, or memento to a member of the legislative or executive branch that is required to be reported under Chapter 305, Government Code;
(6) an item with a value of less than $50, excluding cash or a negotiable instrument as described by Section 3.104, Business & Commerce Code;
(7) an item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity, or
(8) transportation, lodging and meals as described in 36.07 (b)

(b) Section 36.08 (Gift to Public Servant) does not apply to food, lodging, transportation, or entertainment accepted as a guest and, if the donor is required by law to report those items, reported by the doner in accordance with that law.

(c) Section 36.09 (Offering Gift to Public Servant) does not apply to food, lodging, transportation, or entertainment accepted as a guest and, if the donor is required by law to report those items, reported by the donor in accordance with that law.

Utah
67-16-5

 

36-11-304
 
36-11-102

 

It is an offense for a public officer or public employee (Legislators and staff exempt from these terms) to knowingly receive, accept, take, seek, or solicit, directly or indirectly for himself or another a gift of substantial value or a substantial economic benefit tantamount to a gift:

(a) that would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties;

(b) that the public officer or public employee knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the public officer or public employee for official action taken; or

(c) if the public officer or public employee recently has been, is now, or in the near future may be involved in any governmental action directly affecting the donor or lender, unless a disclosure of the gift, compensation, or loan and other relevant information has been made in the manner provided in Section 67-16-6.

Expenditures over $10 prohibited -- Exceptions.
 (1) Except as provided in Subsection (2), a lobbyist, principal, or government officer may not make or offer to make aggregate daily expenditures that exceed $10.

"economic benefit tantamount to a gift" includes:

(a) a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; and

(b) compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.

 

Exceptions:

  • An occasional non pecuniary gift, having a value of not in excess of $50;
  • An award publicly presented in recognition of public services;
  • Any bona fide loan made in the ordinary course of business;
  • A political campaign contribution; or
  • a public officer or public employee who engages in conduct that constitutes a violation of this section to the extent that the public officer or public employee is chargeable, for the same conduct, under Section 63G-6a-2304.5 or Section 76-8-105.

(2) A lobbyist, principal, or government officer may make aggregate daily expenditures that exceed $10:
(a) for the following items, if the expenditure is reported in accordance with Section 36-11-201:
     (i) food;
     (ii) beverage;
     (iii) travel;
     (iv) lodging; or
     (v) admission to or attendance at a meeting or activity that is not an approved meeting or activity; or
(b) if the expenditure is made for a purpose solely unrelated to the public official's position as a public official.

36-11-102
(6) (a) "Expenditure" means any of the items listed in this Subsection (6)(a) when given to or for the benefit of a public official unless consideration of equal or greater value is received:
(i) a purchase, payment, or distribution;
(ii) a loan, gift, or advance;
(iii) a deposit, subscription, or forbearance;
(iv) services or goods;
(v) money;
(vi) real property;
(vii) a ticket or admission to a sporting, recreational, or artistic event; or
(viii) a contract, promise, or agreement, whether or not legally enforceable, to provide any item listed in Subsections (6)(a)(i) through (vii).

(b) "Expenditure" does not mean:
(i) a commercially reasonable loan made in the ordinary course of business;
(ii) a campaign contribution reported in accordance with Title 20A, Chapter 11, Campaign and Financial Reporting Requirements;
(iii) printed informational material that is related to the performance of the recipient's official duties;
(iv) a devise or inheritance;
(v) any item listed in Subsection (6)(a) if:
(A) given by a relative;
(B) given by a compensation payor for a purpose solely unrelated to the public official's position as a public official; or
(C) (I) the item has a value of less than $10; and
(II) the aggregate daily expenditures do not exceed $10;
(vi) food or beverage that is provided at an event to which the following are invited:
(A) all members of the Legislature;
(B) all members of a standing or interim committee;
(C) all members of an official legislative task force;
(D) all members of a party caucus; or
(E) all members of a group described in Subsections (6)(b)(vi)(A) through (D) who are attending a meeting of a national organization whose primary purpose is addressing general legislative policy;
(vii) food or beverage that is provided at an event to a public official who is:
(A) giving a speech at the event;
(B) participating in a panel discussion at the event; or
(C) presenting or receiving an award at the event;
(viii) a plaque, commendation, or award presented in public and having a cash value not exceeding $50;
(ix) admission to or attendance at an event, the primary purpose of which is:
(A) to solicit contributions reportable under:
(I) Title 20A, Chapter 11, Campaign and Financial Reporting Requirements; or
(II) 2 U.S.C. Sec. 434; or
(B) charitable solicitation, as defined in Section 13-22-2;
(x) travel to, lodging at, food or beverage served at, and admission to an approved meeting or activity
(xi) sponsorship of an official event or official entertainment of an approved meeting or activity;
(xii) notwithstanding Subsection (6)(a)(vii), admission to or attendance at an event:
(A) that is sponsored by a governmental entity; or
(B) that is widely attended and related to a governmental duty of a public official; or
(xiii) travel to a widely attended event related to a governmental duty of a public official if that travel results in a financial savings to the state.

(2) "Approved meeting or activity" means a meeting or activity:
 (a) (i) to which a legislator is invited; and (ii) attendance at which is approved by:
(A) the speaker of the House of Representatives, if the public official is a member of the House of Representatives; or
(B) the president of the Senate, if the public official is a member of the Senate; or
 (b) (i) to which a public official who holds a position in the executive branch of state government is invited; and (ii) attendance at which is approved by the governor or the lieutenant governor.

Vermont
2 U.S.A. §266 
2 U.S.A. §261

 

It shall be prohibited conduct:

For a legislator or administrative official to solicit a gift, other than a political contribution, from a registered employer or registered lobbyist, except that charitable contributions for nonprofit organizations qualified under section 501(c)(3) of the federal Internal Revenue Code may be solicited from registered employers and registered lobbyists

"Gift" means: a political contribution, anything of value, tangible or intangible, that is bestowed for less than adequate consideration, including travel expenses such as travel fare, room and board, and other expenses associated with travel; a meal or alcoholic beverage; a ticket, fee, or expenses for, or to, any sporting, recreational, or entertainment events; a speaking fee or honorarium, except actual and reasonable travel expenses; a loan made on terms more favorable than those made available to  the general public in the normal course of business.

Gift does not mean: anything given between immediate family members, printed educational meterial such as books, reports, pamphlets, or periodicals; a gift which is not used and which, within 30 days after receipt, is returned to the donor or for which the donor is reimbursed for its fair market value; a devise or inheritance.

Virginia
Va. Code Ann. 30-103 and 30-101

 

No legislator shall:

Accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties.

Accept gifts from sources on a basis so frequent as to raise an appearance of the use of his public office for private gain. Violations of this subdivision shall not be subject to criminal law penalties.

"Gift" means:

Any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred.

"Gift" shall not include:

  • Any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used.
  • Honorary degrees and presents from relatives. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse.
Washington
RCW 42.52.150
RCW 42.52.150

 

No state officer or state employee may receive, accept, take, seek, or solicit, directly or indirectly, any thing of economic value as a gift, gratuity, or favor from a person if it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction.

Limitations on gifts.

(1) No state officer or state employee may accept gifts, other than those specified in subsections (2) and (5) of this section, with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars. For purposes of this section, "single source" means any person, as defined in RCW 42.52.010, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under RCW 42.52.010. The value of gifts given to an officer's or employee's family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.

Exceptions:
  • Unsolicited flowers, plants, and floral arrangements;
  • Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
  • Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
  • Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
  • Informational material, publications, or subscriptions related to the recipient's performance of official duties;
  • Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
  • Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
  • Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature.
 

A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in chapter 42.17 RCW.

West Virginia

6B-2-5.

A public official or public employee may not solicit any gift unless the solicitation is for a charitable purpose with no resulting direct pecuniary benefit conferred upon the official or employee or his or her immediate family: Provided, That no public official or public employee may solicit for a charitable purpose any gift from any person who is also an official or employee of the state and whose position as such is subordinate to the soliciting official or employee: Provided, however, That nothing herein shall prohibit a candidate for public office from soliciting a lawful political contribution. No official or employee may knowingly accept any gift, directly or indirectly, from a lobbyist or from any person whom the official or employee knows or has reason to know:
(A) Is doing or seeking to do business of any kind with his or her agency;
(B) Is engaged in activities which are regulated or controlled by his or her agency; or
(C) Has financial interests which may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of his official duties.

Exceptions:

  • Meals and beverages;
  • Ceremonial gifts or awards which have insignificant monetary value;
  • Unsolicited gifts of nominal value or trivial items of informational value;
  • Reasonable expenses for food, travel and lodging of the official or employee for a meeting at which the official or employee participates in a panel or speaking engagement at the meeting;
  • Gifts of tickets or free admission extended to a public official or public employee to attend charitable, cultural or political events, if the purpose of such gift or admission is a courtesy or ceremony customarily extended to the office;
  • Gifts that are purely private and personal in nature; or
  • Gifts from relatives by blood or marriage, or a member of the same household.
Wisconsin
19.42 (1)
19.45 (3) and (3m)
13.625
19.56 (3)

 

No person may offer or give to a state public official, directly or indirectly, and no state public official may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the state public official's vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the state public official.

No state public official may accept or retain any transportation, lodging, meals, food or beverage, or reimbursement therefor, except in accordance with s. 19.56 (3).

No lobbyist may: furnish to any agency official or legislative employee of the state or to any elective state official or candidate for an elective state office, or to the official's, employee's or candidate's personal campaign committee:

1. Lodging
2. Transportation
3. Food, meals, beverages, money or any other thing of pecuniary value.

"Anything of value" means any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the state, fees and expenses which are permitted and reported under s. 19.56, political contributions which are reported under ch. 11, or hospitality extended for a purpose unrelated to state business by a person other than an organization.

"Gift" means the payment or receipt of anything of value without valuable consideration.

Exceptions:

  • A lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign committee.

  • A state public official may receive and retain reimbursement or payment of actual and reasonable expenses and an elected official may retain reasonable compensation, for a published work or for the presentation of a talk or participation in a meeting related to a topic specified in sub. (1) if the payment or reimbursement is paid or arranged by the organizer of the event or the publisher of the work.

  • A state public official may receive and retain anything of value if the activity or occasion for which it is given is unrelated to the official's use of the state's time, facilities, services or supplies not generally available to all citizens of this state and the official can show by clear and convincing evidence that the payment or reimbursement was unrelated to and did not arise from the recipient's holding or having held a public office and was paid for a purpose unrelated to the purposes specified in sub. (1).

  • A state public official may receive and retain from the state or on behalf of the state transportation, lodging, meals, food or beverage, or reimbursement therefor or payment or reimbursement of actual and reasonable costs that the official can show by clear and convincing evidence were incurred or received on behalf of the state of Wisconsin and primarily for the benefit of the state and not primarily for the private benefit of the official or any other person.

  •  A state public official may receive and retain from a political committee under ch. 11 transportation, lodging, meals, food or beverage, or reimbursement therefor or payment or reimbursement of costs permitted and reported in accordance with ch. 11.

  • A state public official may receive and retain from the Wisconsin Economic Development Corporation anything of value which the Wisconsin Economic Development Corporation is authorized to provide under par. (e) and may receive and retain from the department of tourism anything of value which the department of tourism is authorized to provide under par. (em).

Wyoming
9-13-103.
9-13-102.

 

(a) No public official, public member or public employee shall use his office or position for his private benefit.

(b) As used in this section, "private benefit" means the receipt by the public official, public member or public employee of a gift which resulted from his holding that office.

Exceptions:

  • Printed informational, educational or promotional material;
  • A gift that:
  • Is not used; and
  • No later than thirty (30) days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes.
  • A gift, devise or inheritance from any of the following, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subparagraph:
  • An individual's spouse;
  • (II) An individual's child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin;
  • (III) The spouse of any individual listed in subdivision (II) of this subparagraph;
  • (IV) Any person, including an organization, which has a bona fide social or private business relationship with the individual, where the circumstances demonstrate that the motivation for the gift arises out of that relationship and not from the recipient's holding of public office or employment. For the purposes of this subdivision, relevant circumstances include but are not limited to the source of funds used by the donor to acquire the gift;
  • (V) Any person, including an organization, where the gift does result from the person's holding an office or position, but where the gift is of nominal value, is made voluntarily by the donor and is made in recognition of a special occasion, such as marriage, illness or retirement.
  • A certificate, commemorative token or item, or plaque with a value that does not exceed two hundred fifty dollars ($250.00);
  • Food and beverage;
  • Compensation, per diem or other payments or benefits which the public official, public member or public employee receives in the performance of services for the governmental entity;
  • Any loan, gift, gratuity, special discount or hospitality with a value of two hundred fifty dollars ($250.00) or less; or
  • Travel, registration and lodging for any conference or meeting while attending in his official capacity as a public official, public member or public employee.
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