"$50 FOOD & DRINK LIMIT"

Senate Bill No. 8 of the 2008 First Extraordinary Session, as amended by SB 769 of the Regular Session, created a limit on the value of food, drink & refreshment certain persons are allowed to give to public servants as gifts.

The new provision limits the value of food, drink, or refreshment a person may give to public servants as follows:

(1) The public servant must consume the food, drink, or refreshment while the personal guest of the giver. [R.S. 42:1102(22)(a)]

(2) The total value of the food, drink or refreshment given, regardless of the number of givers, can not exceed $50.00 for single event.

(3) The value of food, drink or refreshment given at an event to which a group or organization of public servants is invited shall be determined by dividing the cost of the giving by the number of invitees, not attendees.

(4) An “event” means a single activity, occasion, reception, meal, or meeting at a given place and time.

The new provision specifically excepts:

(1) Gatherings held in conjunction with meetings related to a national, regional organization of any nature; or

(2) Gatherings held in conjunction with meetings of a statewide organization of governmental officials or employees; or

(3) Participation by higher education employees at institutional fund raisers.

Until there are opinions regarding this provision issued by the Board of Ethics and because

Senate Bill No. 8 did not specifically define “group” or “meeting” or “gatherings in conjunction

with” one should presume that all gifts of food, drink or refreshment are limited to $50.00 per

meal or reception.