User s Guide to National Party Conventions

Transcription

1 User s Guide to National Party Conventions

2

3 Table of Contents Executive Summary... 3 Convention Organizations... 4 Host Committees... 4 Convention Committees... 4 Delegates... 4 Contributions... 4 Gifts... 5 Federal... 5 Members of the House of Representatives... 5 Members of the Senate... 5 Executive Agency Appointees Appointed Before January 20, Prohibited Source... 6 Executive Agency Appointees Appointed On or After January 20, States... 7 Local Ohio Pennsylvania

4

5 Executive Summary 2016 is an exciting year for national politics. State and Federal Communications, Inc. is your trusted resource for comprehensive lobbying and campaign finance guidelines to assist your organization with navigating the national party conventions. The Republican National Convention is being held in Cleveland, Ohio, at Quicken Loans Arena from July 18 to July 21. The Democratic National Convention will take place in Philadelphia, Pennsylvania, at the Wells Fargo Center and Pennsylvania Convention Center from July 25 to July 28. These conventions will be a gathering place for delegates and other party members from across the country and thus will represent an excellent opportunity for your organization to interface with a wide range of public officials. Knowledge of the applicable federal, state, and local rules governing your interactions with both convention delegates and other public officials in attendance will ensure your organization has the tools available to say I Comply. As you read the document, keep in mind the official names of the convention and host committees: 1. Republican Convention Committee Committee on Arrangements for the 2016 Republican National Convention; 2. Democratic Convention Committee The 2016 Democratic National Convention Committee, Inc.; 3. Republican Host Committee Cleveland 2016 Host Committee; and 4. Democratic Host Committee Philadelphia 2016 Host Committee. In closing, we hope this resource serves you well during the upcoming convention season. The Research Department of State and Federal Communications made sure we looked at all avenues of giving. We wish you all the best this summer before the conventions. Thank you. Elizabeth Z. Bartz President and CEO 3

6

7 CONVENTION ORGANIZATIONS Host Committees: A host committee is a non-profit local organization whose principal purpose is to encourage commerce in the convention city and to project a favorable image of the convention city to Businesses, labor organizations, other organizations, or individuals may donate unlimited funds to host committees. They may also make in-kind donations to a host committee for the following purposes: Defraying the expenses incurred promoting the suitability of the city as a convention site; Defraying expenses for welcoming convention attendees to the city, including information booths, receptions, and tours; Providing the convention attendees with shopping and entertainment guides; Distributing samples and promotional materials; Defraying administrative costs incurred by the host committee such as salaries, rent, travel, and liability insurance; Providing for the use of an auditorium or convention center, including the construction of podiums, press tables, false floors, camera platforms, seating, lighting, electrical, air conditioning and loudspeaker systems, offices, office equipment, and decorations; Providing buses or automobiles to defray transportation costs; Defraying the cost of law enforcement to ensure convention security; Providing hotel rooms at no charge or at a reduced rate; Providing accommodations and hospitality for committees of the parties responsible for choosing the convention site; and Providing other similar convention-related facilities or services [11 C.F.R ]. Host committees may accept goods or services from commercial vendors under the same conditions as convention committees [11 C.F.R ]. Convention Committees: A convention committee is related to the national party organization and, as such, federal campaign finance laws apply. Therefore, direct and in-kind contributions from corporate funds to a convention committee are prohibited [11 C.F.R ]. A corporation providing goods and services to the national committee with respect to the nominating conventions may offer a reduced or discounted rate or do so at no charge if one of the following criteria is met: Discounts are provided in the ordinary course of business; Goods or services are provided in exchange for promotional consideration provided that doing so is in the ordinary course of business; or Items provided at a nominal cost, or at no charge, having de minimis value. This includes samples, discount coupons, maps, pens, pencils, or other items included in tote bags for those attending the convention. The items of de minimis value can be distributed by or with the help of persons employed by the vendor, or employed by or volunteering for the national party or a host committee [11 C.F.R (a)-(c)]. Discounts and goods or services are considered in the ordinary course of business if: The commercial vendor has an established practice of providing the same discounts or goods and services to non-political clients; or The discount or terms the goods and services are provided are consistent with established practice [11 C.F.R (a), (b)]. DELEGATES Contributions: The federal contribution rules apply to any individual who is seeking selection as a delegate, or who has already been selected as a delegate, at any level of the delegate selection process including the federal, state, and municipal levels [11 C.F.R (b)(1), (c)(1); Federal Election Commission]. Individual delegates are prohibited from accepting contributions from: Corporations, including banks and nonprofits; Labor organizations; Foreign nationals or businesses; and Federal government contractors [11 C.F.R ; 114.2; 115.2; 115.4; 115.5]. Permissible contributions to individual delegates are not subject to any per delegate limit [11 C.F.R (m); (d)(1)]. Contribution includes any direct or indirect payment, distribution, loan, advance, deposit, gift of money, services, or anything of value to any candidate, campaign committee, unauthorized political 4

8 committee, or political party or organization in connection with any federal election [11 C.F.R (a)(1)]. A gift, subscription, loan (except for a loan made in accordance with 11 C.F.R and ), advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for federal office is a contribution [52 U.S.C (8); 11 C.F.R ]. Gifts: Gifts not covered by the federal definition of contribution are governed by federal, state, and local gift laws when the recipient delegate is also a public official [Federal Election Commission]. Federal: The permissibility of a gift to a federal official varies dependent upon the body of government and/or the appointment date. Both the House of Representatives and the Senate have their own gift rules. With respect to executive branch officials, the gift rules are dependent upon the date the individual was appointed. Members of the House of Representatives: During a convention to nominate a candidate for the office of president or vice president, members of the House of Representatives may not participate in an event honoring that member, other than in their capacity as a candidate for such office, if such event is directly paid for by a registered lobbyist or a private entity retaining or employing a registered lobbyist [House Rule XXV, 8]. As a general rule, a member, delegate, resident commissioner, officer, or employee of the House may not knowingly accept a gift from a registered lobbyist or agents of a foreign principal [House Rule XXV, 5(a)(1)(A)(ii)]. A non-lobbyist individual may provide gifts with a value of less than $50 and a cumulative value during a calendar year of less than $100. A gift having a value of less than $10 does not count toward the $100 annual limit [House Rule XXV, 5(a)(1)(B)]. There are several exceptions to the general gift rules that affect potential activities surrounding the conventions as they are not considered gifts. Such activities are: Attendance at a fundraising event sponsored by a 527 political organization; Food, refreshments, lodging, transportation, and other benefits resulting from fundraising or campaign events sponsored by a 527 political organization; Free attendance at a charity event, but only if invited by the event sponsor; Free attendance, including food and refreshments taken in a group setting with substantially all other attendees, at a widely attended event regardless of the sponsor. This exception permits free attendance at events such as conventions, conferences, dinners, and other similar events where the event is open to individuals from throughout a given industry or profession, or where those in attendance represent a range of persons interested in a given matter, and there is a reasonable expectation that: At least 25 persons will attend, other than members, officers, or employees of congress; The invitation is provided by the sponsor of the event; and The member or employee reasonably determines that attendance at the event is related to his or her official duties; or Food or refreshments of nominal value offered other than as part of a meal. Examples include refreshments such as hors d oeuvres, appetizers, beverages, coffee, juice, pastry, or bagels [House Rule XXV, 5; House Ethics Manual]. Members of the Senate: During the dates of the national party convention to nominate a candidate for the office of president or vice president, members of the Senate may not participate in an event honoring that member, other than in their capacity as the presumptive nominee for such office, if such event is directly paid for by a registered lobbyist or a private entity that employs or retains a lobbyist [Senate Rule XXXV, 1(d)(5)]. A member, officer, or employee of the Senate may not knowingly accept a gift from a registered lobbyist, an agent of a foreign principal, or a private entity retaining or employing a registered lobbyist or an agent of a foreign principal [Senate Rule XXXV, 1(a)(2)(B)]. A non-lobbyist individual may provide gifts with a value of less than $50 and a cumulative value during a calendar year of less than $100. A gift having a value of less than $10 does not count toward the $100 annual limit [Senate Rule XXXV, 1(a)(2)(A)]. 5

9 There are several exceptions to the general gift rules affecting potential activities surrounding the conventions as they are not considered gifts. Such activities are: Attendance at a fundraising event sponsored by a political organization; Food, refreshments, lodging, and other benefits provided in connection with a fundraising or campaign event sponsored by such an organization; Free attendance, including food and refreshments taken in a group setting with substantially all other attendees, at a widely attended event regardless of the sponsor. This exception permits free attendance at events such as conventions, conferences, dinners, and other similar events where the event is open to individuals from throughout a given industry or profession, or where those in attendance represent a range of persons interested in a given matter, and there is reasonable expectation that: At least 25 persons will attend, other than members, officers, or employees of Congress; The invitation is provided by the sponsor of the event; and The member or employee reasonably determines that attendance at the event is related to his or her official duties; or Food or refreshments of a nominal value offered other than as part of a meal [Senate Rule XXV, 1; Senate Ethics Manual]. Executive Agency Appointees Appointed Before January 20, 2009: An executive agency employee may accept unsolicited gifts from lobbyists and non-lobbyists having an aggregate market value of $20 or less per source per occasion, provided the aggregate market value of individual gifts received from any one person may not exceed $50 in a calendar year [5 C.F.R (a)]. The following are exempted from the gift restriction and may be accepted by executive agency appointees during the conventions: Meals, lodgings, transportation, and other benefits, including free attendance at events, when provided in connection with active participation in political management or a political campaign; An unsolicited gift of free attendance at all or appropriate parts of a widely attended gathering of mutual interest to a number of parties from the sponsor of the event or, if more than 100 persons are expected to attend the event and the gift of free attendance has a market value of $335 or less, from a person other than the sponsor of the event; Food, refreshments, and entertainment, not including travel or lodging, at a social event attended by several persons where the invitation is from a person who is not a prohibited source and no fee is charged to any person in attendance; or Modest items of food and refreshments, such as soft drinks, coffee, and doughnuts, offered other than as part of a meal [5 C.F.R ; ]. A prohibited source is any person who: Is seeking official action by the employee s agency; Does business or seeks to do business with the employee s agency; Conducts activities regulated by the employee s agency; Has interests that may be substantially affected by performance or nonperformance of the employee s official duties; or Is an organization a majority of whose members are described in this section [5 C.F.R (d)]. Executive Appointees Appointed on or After January 20, 2009: Executive agency appointees are prohibited from accepting gifts, including gifts solicited or accepted indirectly, from registered lobbyists or lobbying organizations [Executive Order, 1/21/09, 1]. A gift includes any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of training, 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 [5 C.F.R (b)]. A non-lobbyist may provide gifts having an aggregate market value of $20 per source per occasion, provided the aggregate market value of individual gifts received from any one person may not exceed $50 is a calendar year. Modest items of food and refreshments, such as soft drinks, coffee, and donuts, offered other than as part of a meal are not considered gifts [5 C.F.R (a); (b)(1)]. 6

10

11 State: In addition to the FEC regulations, state public officials serving as convention delegates or attending the convention are also governed by their state s gift rules. Relevant state gift provisions are listed below. Alabama Alaska Arizona The general gift limitations applicable to public officials only apply to public officials who are delegates when they are being given a gift because of their position as a public official. Gifts given to delegates who are also public officials because of their position as a delegate are not subject to the gift limitations [Alabama Ethics Commission]. If the limits apply, lobbyists may provide reasonable meals with a value of $25 per day or less with an annual maximum of $150 to public officials. Lobbyist employers may provide reasonable meals with a value of $50 per day or less with an annual maximum of $250 [A.C (34)(b)(16)]. Non-lobbyists may provide meals and beverages to public officials [A.C (11)]. Legislative: The general gift limitations and reporting requirements applicable to legislative officials do not apply to legislative officials who are delegates at a national convention because a delegate is not acting with legislative purpose [Alaska Legislative Ethics]. A lobbyist may not offer, solicit, initiate, facilitate, or provide to or on behalf of a member of the Legislature or legislative staff a gift, other than food or beverage for immediate consumption. However, employers of lobbyists are not subject to lobbyist gift prohibitions [Alaska Public Offices Commission]. Executive: Executive branch officials are prohibited from accepting gifts that may improperly influence the official. A gift from a lobbyist to a public official or to an immediate family member is presumed to be intended to influence the performance of official duties unless the giver is an immediate family member of the person receiving the gift [A.S ]. Occasional gifts of $50 or less to executive branch officials from non-lobbyists are presumed not to improperly influence [A.S ; 9 A.A.C ]. A lobbyist, principal, designated public lobbyist, or authorized public lobbyist may provide food or beverages to state officials and employees if the lobbyist is present when the food or beverage is given [A.R.S (8), (9)]. Principals, lobbyists, and any other person acting on behalf of a principal or lobbyist may provide gifts costing $10 or less in a calendar year to a state officer or employee if the gift is not designed to influence the recipient s official conduct [A.R.S (J)]. Non-lobbyists may provide gifts including food or beverages to state officials and employees unless the gift 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 [A.R.S (C)]. 7

12 Arkansas California Colorado Covered officials are generally prohibited from accepting food and beverage from a lobbyist. Food and beverage may be provided by a lobbyist at a qualifying planned activity [Ark. Const. art. 19, 30, as amended by Act 1280]. Non-lobbyists may provide public servants gifts, including food and beverage items costing $100 or less, to show appreciation for his or her job performance [A.E.C. 303(c)]. In addition, the following are not considered gifts and therefore may be provided by lobbyists and non-lobbyists: The giving or receiving of food that bears a relationship to the public servant's office and when appearing in an official capacity; Food or beverages provided at a conference-scheduled event that is part of the program of the conference; and Food or beverages provided in return for participation in a bona fide panel, seminar, or speaking engagement at which the audience is a civic, social, or cultural organization or group [A.C (5)(B); A.E.C. 300(b)]. A lobbyist or an employer who is engaging in lobbying may not provide payment for food or beverage at any location or event at which the lobbyist is not physically present. A special event such as a planned activity to which a specific governmental body or identifiable group of public servants is invited is exempt from this prohibition [A.C ; (20)]. Lobbyists may make, arrange, or act as an agent or intermediary in the making of gifts of food and beverages aggregating $10 or less in a calendar month [Cal. Gov t Code 86203]. Non-lobbyists may provide gifts, including food and beverages, with a total value of $460 or less each year [Cal. Gov t Code 89503, 2 C.C.R ]. No professional lobbyist, personally, or on behalf of a principal, may offer, give, or arrange to give to any public officer, member of the General Assembly, local government official, or government employee, or to a member of such person s immediate family, any gift of food and beverage, nor knowingly pay for any meal, beverage, or other item, unless the lobbyist is a member of such person s immediate family [Article XXIX, Colorado Constitution, 3(4)]. This prohibition does not extend to organizations or groups that might be represented by a professional lobbyist or whose industry may be represented by a professional lobbyist. In these situations, the non-lobbyist gift restrictions to public officials would apply [Colorado Independent Ethics Commission, Position Statement 09-01]. A public officer, member of the General Assembly, local government official, or government employee, or his or her spouse or dependent children, may accept or receive food or beverage from non-lobbyists with an aggregate cost of $59 or less in a calendar year [Article XXIX, Colorado Constitution, 3(2); Independent Ethics Commission]. Public officers, members of the General Assembly, local government officials, and employees are permitted to accept from non-lobbyists 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 to answer questions as part of a scheduled program [Article XXIX, Colorado Constitution, 3(3)]. 8

13 Connecticut Delaware Florida The following gifts from restricted donors (including client lobbyists and communicator lobbyists) are permissible under the definition of gifts: 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 or her representative, is in attendance; and 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 or her official capacity, provided such admission is provided by the primary sponsoring entity [C.G.S. 1-91(g)(7)(I), (L), (N)]. Convention-specific guidelines for a restricted donor listed as a sponsor of an event: If the convention is generally sponsored or underwritten by a corporation and its funds are not earmarked for an event with Connecticut attendees, there is a $100 limit to the benefits a legislator or public official may receive; and If a corporation provides funds with the explicit understanding that the monies will be used to underwrite an event at which Connecticut officials will be in attendance, the normal gift restrictions apply [Political Conventions]. Public officials and state employees may accept free tickets to a charitable event held in conjunction with a convention under the charitable event gift exception. In general, for this exception to apply (i.e., for the free ticket to be permissible): The official or employee must be invited to participate in his or her official capacity; Admission must be provided by the primary sponsoring entity (e.g., the charity); and Benefits may only include event admission and food and beverage (no travel or other tangible gifts over $10) [Political Conventions]. Non-lobbyists (nonrestricted donors) are permitted to give benefits with a cumulative value of less than $100 per person per year to a public official or immediate family member when the benefit is being given by virtue of the recipient s public position [Advisory Opinion 98-9]. Lobbyists and lobbyist employers may provide food and beverages with a value of $39 or less to executive officials so long as they are consumed on the premises [Executive Order 1]. Lobbyists and lobbyist employers may provide food and beverages to members of the Legislature without a monetary limit being imposed. Non-lobbyists may provide food and beverages to a public official without monetary limit so long as the gift is not in exchange for the public official engaging in an official act [11 D.C. 1206]. Generally, no lobbyist or principal may make, directly or indirectly, any expenditures for food and beverages made for the purpose of lobbying [F.S (4)(a); (6)(a); F.A.C (1)]. Non-lobbyists are permitted to provide food and beverages so long as the gift is not given to influence any official action [Commission on Ethics; F.A.C (1)]. Non-lobbyist gifts of food and beverages to officials are unlimited; however, the recipient of the gift must disclose all gifts worth over $100 [Commission on Ethics; F.A.C (2)(a)]. 9

14 Georgia Hawaii Idaho An individual lobbyist may give gifts of up to $75 in value for transportation, travel, lodging, registration, food, and beverages to an individual public officer, including gifts to public employees for the purpose of influencing a public officer [G.C (1)(B.1), (4.1)]. The $75 lobbying expenditure limit applies to a public officer and each member of his or her family separately [Campaign Finance Commission]. Non-lobbyists may provide gifts so long as it is not a thing of value offered as a bribe [G.C (a)(2)]. Executive: Executive branch employees may not accept gifts (anything of value over $25) from any person with whom the employee interacts on official state business, including lobbyists and state vendors. However, actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting related to professional or official duties may be provided to executive branch employees [Executive Order 1/10/11]. Lobbyists and employers may provide meals and "food and drink" types of events valued at under $25 to legislators or employees. Examples of meals and "food and drink" types of events include, but are not limited to, breakfasts, lunches, and dinners; pupus; receptions; "meet and greet" types of events; and fundraiser dinners. The value of a gift generally means its fair market value [Guidelines for Gifts Under the State Ethics Code]. "Gifts of Aloha" and other nominal gifts may also be accepted. "Gifts of Aloha" are modest gifts of nominal value traditionally given as part of the local culture as a gesture of aloha or goodwill. "Gifts of Aloha" include, but are not limited to, flowers or a flower lei or a box of candy, cookies, manapua, or malasadas to share with the office. Other tangible gifts of nominal or minimal value may also be accepted. Examples of acceptable gifts include a calendar, coffee mug, or small promotional business items such as a pen, mousepad, or refrigerator magnet. Generally speaking, tangible gifts other than "Gifts of Aloha" or gifts of nominal value cannot be accepted [Guidelines for Gifts Under the State Ethics Code, p. 2]. No legislator or employee may accept any gift where it can reasonably be inferred the gift is intended to influence the legislator or employee in the performance of his or her official duties or is intended as a reward for any official action on the legislator s or employee s part [H.R.S ]. In determining whether or not a gift may be accepted, the Ethics Commission considers the following: The value or cost of the gift; The relationship between the donor of the gift and the recipient of the gift, including whether the donor is subject to official action by the recipient; and Whether the gift provides any "state benefit," including whether the gift will benefit the recipient in the performance of his or her official duties [Guidelines for Gifts Under the State Ethics Code, pp. 1-2]. Lobbyists and lobbyist employers may give food and beverages to public officials so long as it is disclosed in the lobbyist s activity report and it is not provided in return for official action. Non-lobbyists may provide public officials with trivial benefits not exceeding a value of $50 when there is no substantial risk of undermining official impartiality [I.S (5)]. 10

15 Illinois Indiana No officer, member, or state employee may intentionally solicit or accept any gift from any lobbyist, employer of a lobbyist, or other prohibited source. This ban applies to and includes the spouse of and immediate family living with the officer, member, or state employee. No lobbyist or other prohibited source may intentionally offer or make a prohibited gift [5 I.L.C.S. 430/10-10; Executive Order 15-09; Illinois Executive Ethics Commission]. As an exception to the gift ban, legislative officers and members may accept $75 of food or refreshments on a single calendar day, provided the food or refreshments are consumed on the premises from which they were purchased, prepared, or catered. They may also accept any item or items from any lobbyist or employer during any calendar year having a cumulative total value of less than $100 [5 I.L.C.S. 430/10-15]. Gifts provided under the $75 food and beverage exception are not included when calculating the $100 yearly gift limit for state legislative officers or members [Index Department]. While the $75 food and refreshment exception and the exception for other gifts of up to $100 do not apply to an employee, officer, or board member of any state agency, such an individual is not precluded from accepting de minimis meals or refreshments served at a business meeting or reception attended by the individual in the course of his or her official duties, provided the individual adheres to any rules issued by the governor's Office of Management and Budget or his or her state agency [Executive Order 15-09]. Non-lobbyists who do not qualify as a prohibited source may provide food and beverages without monetary limit. Legislative: Lobbyists and non-lobbyists may provide gifts, including food and beverage so long as it is not bribery. Gifts from a legislative lobbyist valued at more than $50 must be consented to before it is given [I.C ]. Executive: Food and beverage may be provided to elected executive officials. In general, executive lobbyists may not provide food and beverage to executive employees or state appointees. The State Ethics Code prohibits state employees and state appointees from accepting, receiving, or soliciting any gift from anyone engaged in executive branch lobbying activity regardless of whether or not they are registered [Executive Branch Lobbying Manual, p. 19]. However, the gift prohibition does not apply to food and beverage consumed at a public meeting to which 25 or more people are invited so long as the meeting is not arranged to solicit a government contract [42 I.A.C (b)]. 11

16 Iowa Kansas Lobbyists and other restricted donors are prohibited from offering or making gifts to public officials, public employees, and candidates, or members of the immediate family of such individuals, unless the gift falls within one of the permitted exceptions [I.C. 68B.22(2)]. Applicable exceptions include: Anything available or distributed free of charge to members of the general public without regard to the official status of the recipient, including food or drink; 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; Nonmonetary items with a value of $3 or less that are received from any one donor during one calendar day; Gifts of food, beverage, and entertainment received by public officials or public employees at a function where every member of the General Assembly has been invited to attend, when the function takes place during a regular session of the General Assembly; and Food and beverages provided at a meal that is part of a bona fide event or program at which the public official is being honored for public service [I.C. 68B.22(4)]. There are no limitations on the nature or value of food or beverage which may be provided by non-lobbyists who are not restricted donors. Generally, gift restrictions are the same for lobbyists, lobbyist employers, and non-lobbyists. Hospitality in the form of recreation, food, and beverages are presumed not to be given to influence a state officer or employee or candidate for state office in the performance of official duties, except when a particular course of official action is to be followed as a condition thereon. However, if a representative of the principal is not present, the meal is considered a gift subject to the $40 limit per calendar year [K.S.A ; ]. Executive: The governor, lieutenant governor, the governor s spouse, and all officers, employees, members of boards, commissions, and authorities of the executive branch of state government may accept: Meals provided at widely attended events; Meals provided at public events in which the person is attending in an official capacity; Meals provided to an official when it is obvious such meals are not being provided because of the official s position; Food such as soft drinks, coffee, or snack foods not offered as part of a meal; Any meal valued at $25 or less; Meals provided to officers or employees when the meal serves a legitimate state purpose or interest and attendance at the event is authorized by the agency; and Meals provided to the governor s spouse and immediate family at an event or meeting that serves a legitimate state purpose or interest [K.S.A a(c)]. An occasion is widely attended when it is obvious to the person accepting the meal that the reason for providing the meal is not a pretext for exclusive or nearly exclusive access to the person [K.S.A a(c)(1)]. 12

17 Kentucky Louisiana Maine Legislative: Legislative agents (lobbyists) and employers are prohibited from giving anything of value to legislators and candidates for the General Assembly or to their spouses and children [K.R.S (4)]. The following, among others, are excluded from the definition of anything of value and may be provided: Promotional items of less than $50; Educational items; and Informational items [K.R.S (2)(b)]. A non-lobbyist may provide food and beverages as long as he or she does not offer, confer, or agree to confer a pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his or her official capacity as a public servant [K.R.S (1)(a)]. Furthermore, a legislator and his or her spouse may accept food, beverages, transportation, and lodging from non-lobbyists as these are excluded from the definition of anything of value when provided by a person other than a legislative agent or employer [K.R.S (2)(b)]. Executive: A public servant, spouse, or dependent child of such public servant may accept gifts or gratuities, including meals and alcoholic beverages, with a total value of $25 or less in a calendar year from any person lobbying or attempting to influence the actions of the agency in which the public servant is employed or supervises. The Executive Branch Ethics Commission may also authorize exceptions to this rule where such exceptions would not create an appearance of impropriety [K.R.S. 11A.045(1)]. A non-lobbyist may provide food and beverages as long as he or she does not offer, confer, or agree to confer a pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his or her official capacity as a public servant [K.R.S (1)(a)]. The $25 per calendar year limit in K.R.S. 11A.045(1) applies to any non-lobbyist attempting to influence the action of a public servant. A lobbyist, lobbyist employer, or non-lobbyist may give a public servant or public employee any food, drink, or refreshment the total value of which does not exceed $60 for a single event at which food, drink, or refreshment is given, unless exempted by statute [L.R.S. 42:1102(22); 43:1115; 42:1115.1(E)]. A lobbyist may provide gifts, including food and beverage, during a reporting period with an aggregate value of $300 or less [1 M.R.S.A. 1012(4)]. Non-lobbyists may provide food and beverage without limitations; however, legislators must report on their annual financial disclosure statement gifts worth more than $300 [Guidelines on Acceptance of Gifts]. 13

18 Maryland Massachusetts If the meal and/or beverage is at an event on an official convention agenda, it does not fall into the gift limitations and would be allowed from a non-covered donor. However, if it is a lobbyist or other covered donor offering a meal or alcoholic beverages separate from the convention program, merely because of the availability of Maryland legislators at that place and time, it would be subject to the usual prohibition [Maryland Ethics Commission Memo; M.C.G.P (c)]. Note, however that nonalcoholic beverages and snacks not constituting a meal (e.g. hors d oeuvres) are allowed, provided they do not exceed $20 per person in cost [M.C.S.G (c)(4)(iv)]. The following gifts from lobbyists and non-lobbyists are permitted unless the gift impairs, gives the appearance of impairing, or is intended to impair the impartiality or independent judgment of the official or employee: Food and beverage, except to legislative officials, received and consumed by the official or employee in the presence of the donor; Food and beverage to legislative officials, consumed in the presence of the donor, as part of a meal or reception to which all members of a legislative unit are invited; Trivial gifts of informational value; 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 [M.C.G.P (c)]. Lobbyists and lobbyist employers may give food and beverages to a public official or public employee if: The food and beverages were purchased with the giver's personal funds and not with funds belonging to the giver s employer, client, or institution; The public employee reasonably believes only the giver s personal funds were used; The gift is given and received solely because of family or established personal friendship: and The food and beverage were at a meal in the donor s home [930 C.M.R. 5.09(2)]. A lobbyist or lobbyist employer providing food and beverages to an employee not designated as holding a major policymaking position is subject to the same gift limits as a non-lobbyist. A non-lobbyist may provide food and beverages to a present or former state, county, or municipal employee or member of the judiciary: At any value if entirely unrelated to official action by the public employee, and to the public employee s official position, and to the public employee s performance of official duties; or Valued at less than $50 unless a reasonable person, having knowledge of the relevant circumstances, would conclude the public employee could unduly favor the giver or be influenced by the giver when performing official duties [G.L. 268A-3; 930 C.M.R. 5.06, 5.07]. 14

19 Michigan Minnesota Mississippi Missouri Lobbyists and lobbyist agents may provide food and beverage without limit, for immediate consumption, to public officials. If the expenditure for that public official exceeds $58 in any month covered by a report or $350 during that calendar year from January 1 through the month covered by the report, it must be reported and itemized [M.C.L (1)(d); 4.418(1); Secretary of State]. Regarding gifts from non-lobbyists, a public officer or employee must not solicit or accept a gift of food or beverage for the benefit of a person or organization, other than the state, that tends to influence the manner in which the public officer or employee or another public officer or employee performs official duties [M.C.L (4)]. In a statement of guidance issued on May 16, 2008, the Minnesota Campaign Finance and Public Disclosure Board found that for the purposes of the lobbyist gift ban included in M.S. 10A.071, a national political party convention is a qualified group and gifts given to all members of a qualified group at a convention are considered to be given because of the recipients membership in the group and are excepted from the gift prohibition. To be considered a gift given to all members of a group, it is not necessary that each member of the group accept the gift. It is sufficient that the same gift be offered to all members of the group. Non-lobbyists may provide food and beverages to public officials without monetary limit. Employees in the executive branch are not covered by the gift restriction in M.S. 43A.38 because acting as a delegate is not related to the duties of employment. There is no limit on the amount of gifts that may be given to a legislative or public official by a lobbyist or lobbyist employer, but both are required in the annual report to list all expenditures for gifts of money or anything of value for any purpose [M.C ; ]. There is no limit on the amount of gifts that may be given to a legislative or public official by a non-lobbyist. Lobbyists and lobbyist employers may provide food and beverage for elected or appointed officials and staff [Missouri Ethics Commission]. Executive branch employees are generally prohibited from accepting gifts from lobbyists. However, an employee of the executive branch may accept: Modest items of food and refreshments, such as soft drinks, coffee, and donuts offered other than as part of a meal; Food, refreshments, meals, foodstuffs, and beverages that are provided in connection with an event where the employee is a speaker or part of a panel discussion at a scheduled meeting or an establishment or recognized membership organization which has regular meetings; or Anything for which fair market value is paid by the employee [Missouri Administrative Policy SP-13]. Non-lobbyists may provide food and beverage to all public officials. 15

20 Montana Nebraska Nevada Lobbyists, lobbyist employers, and non-lobbyists may provide to a legislator or public officer or employee food and beverages, valued at less than $50, consumed on the occasion when participation in a charitable, civic, or community event bears a relationship to the public officer's or employee's office or employment, or when the officer or employee is in attendance in an official capacity [M.C.A (3)]. Lobbyists, principals, and their respective representatives may give gifts up to and including $50 in a month to any official, or member of an official s staff or family, of the executive or legislative branch [N.R.S ]. A gift may be provided by non-lobbyists so long as it is not provided based on an agreement that the vote, official action, or judgment of any public official, public employee, or candidate would be influenced thereby, to the following persons: A public official, public employee, or candidate; A member of the immediate family of an individual listed above; or A business with which an individual listed above is associated [N.R.S ,101(1)]. Lobbyists are prohibited from knowingly or willfully providing food and beverages to a member of the legislative branch or a member of his or her staff or immediate family unless at an event to which every legislator is invited [N.R.S. 218H.060(2)]. Unless a person required to register as a lobbyist is no longer employed to represent the interests of a client, the person remains a lobbyist for the purposes of the gift prohibition until the next regular session [N.R.S. 218H.230; 218H.930; Regulation on Lobbying]. A gift from a lobbyist employer to a member of the legislative branch or a member of his or her staff or immediate family is not expressly prohibited by lobbying statutes or regulations. A lobbyist employer may provide a gift if the lobbyist employed by that employer has no involvement in arranging for, delivering, or discussing the gift. Any involvement by the lobbyist is prohibited [Nevada Legislative Counsel Bureau]. Lobbyists may provide food and beverages to the governor, the governor s senior staff, the Cabinet, and all division heads of Cabinet agencies unless it might be intended to influence or reward the individual in the performance of official business. Lobbyists may provide food or refreshments of limited value served other than as part of a meal or meals resulting from the business or employment activities of an employee or officer s spouse when it is clear such benefits have not been offered or enhanced because of the employee or officer s official position [Executive Order ]. Non-lobbyists may provide food and beverages to public officials without monetary limit [N.R.S. 218H.060(2)(c)]. 16

21 New Hampshire New Jersey New Mexico New York Lobbyists, lobbyist employers, and non-lobbyists may provide gifts valued at less than $25 and may provide food and beverages: Valued at less than $25 to elected officials, public officials, public employees, constitutional officials, and legislative employees; Consumed at a meeting or event when the purpose is to discuss official business; or Associated with attendance at 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 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 [R.S.A. 15-B:2, 3]. No state officer or employee, special state officer or employee, or member of the Legislature may receive, directly or indirectly, food and beverage or other thing of value from any source other than the state of New Jersey for any matter related to the officer, employee, or member s official duties, except as authorized by law [N.J.P.S. 52:13D-24(a)]. No state officer or employee or special state officer or employee may accept any gift, favor, service, or other thing of value under circumstances from which it might be reasonably inferred such gift, service, or other thing of value was given or offered for the purpose of influencing him in the discharge of his official duties [N.J.P.S. 52:13D-23(e)(6)]. No member of the Legislature or legislative staff may accept, directly or indirectly, any food or beverage or other thing of value from a lobbyist employer or governmental affairs agent exceeding $250 in the aggregate per calendar year [N.J.P.S. 52:13D-24.1]. Gifts, including food and beverage may be provided. A lobbyist or lobbyist employer who is attempting to influence a state officer, employee, or candidate with respect to matters within the donee s jurisdiction may not give an individual gift exceeding $250 in market value [N.M.S.A B-3(A)]. A lobbyist or lobbyist employer is permitted to give multiple gifts with an aggregate value not to exceed $1,000 in a calendar year to any one state officer, employee, or candidate for state office [N.M.S.A B-3(B)]. There are no limits on gifts from unrestricted donors. No lobbyist, or his or her spouse or unemancipated child, or employer may offer or give food or beverage to any public official or his or her spouse or unemancipated child unless under the circumstances it is not reasonable to infer the food or beverage was intended to influence such public official [N.Y.S.C.L., Legislative Law, 1-m]. Lobbyists and employers are permitted to give the following, which are not considered gifts under New York law: Food or beverage valued at $15 or less; Complimentary attendance, including food and beverage, at bona fide charitable or political events; 17

22 New York (continued) North Carolina North Dakota Complimentary attendance, food, and beverage offered by the sponsor of a widely attended event; and Meals or refreshments when participating in a professional or educational program, where the meals or refreshments are provided to all participants. A program sponsored by a person that does or seeks to do business with the state is not a professional or educational program [N.Y.S.C.L., Legislative Law, 1-c(j)]. A non-lobbyist may not, directly or indirectly, offer any food or beverage to a statewide elected official, any state officer or employee, any member of the Legislature, or any legislative employee under circumstances in which it could reasonably be inferred the gift was intended to influence him or her, or could reasonably be expected to influence him or her, in the performance of his or her official duties, or was intended as a reward for any official action on his or her part. This includes any gift having more than a nominal value, whether in the form of food or beverage [N.Y.S.C.L., Public Officers Law, 73(5)(a)]. The Ethics Commission needs specific facts, including names and positions, to determine in an advisory opinion if a person would be subject to the gift law. In general, a lobbyist or lobbyist's principal may not knowingly give a gift, including food and beverages, to a designated individual or with the intent that a designated individual be an ultimate recipient [N.C.G.S. 120C-303(a)]. Anything of value given or received in connection with seeking or hosting a national convention of a political party is exempted from lobbying provisions [N.C.G.S. 120C-700(9)]. Non-lobbyists are also generally prohibited from giving gifts if doing or seeking to do business with the public servant s employing entity, is engaged in activities that are regulated by the public servant s employing entity, or 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 [N.C.G.S. 138A-32(d)]. Limited exceptions to the gift prohibition include gifts given or received as part of a business, civic, religious, fraternal, personal, or commercial relationship provided all of the following conditions are met: The relationship is not related to the public servant, legislator, or legislative employee's public service or position; and The gift is made under circumstances that a reasonable person would conclude that the gift was not given to lobby [N.C.G.S. 138A-32(e)(10)]. Gifts of food and beverage from lobbyists, lobbyist employers, and non-lobbyists are permitted. Lobbyists must provide legislators (upon request) the true cost of the gift or attendance at the function and allow the legislator to pay the cost of the gift or attendance [N.D.C.C (1),(2)]. 18