|
Mr. Speer:
March 5, 2008
I've found many
members are confused about
SB 3.
Many believe they can't take any tickets from anyone. SB 3
is an exception to
42:1115 regarding free gifts. That
section only applies to someone seeking business from the
legislature or a paid lobbyist. Subsection (2) dealing
with a paid lobbyist is easier, but the question does become how
broad is subsection (1)?
Does it actually
require someone to seek a contract?
Or, have some substantial economic interest (which is a
term of art in the code) in pending legislation?
Or, would it be so
broad as to include a family member or a neighbor if they ask
you to help with legislation or talk to you about legislation
even if they're not being paid ?
What about a
charity event which doesn't ask for state money or any
legislative help?
Rep. XXXXX:
You are
overlooking the Board’s interpretation of 1111(A): “No public
servant shall receive anything of economic value, other than
compensation and benefits from the governmental entity to which
he is duly entitled, for the performance of the duties and
responsibilities of his office or position. . . .” The Board
has opined [See, opinion
1998-352July] that the
receipt from any source of a thing of economic value because of
the position or office one holds is a violation of
1111A.
Hence, the prohibited sources for these free admissions goes far
beyond those defined in
1115A. As we informed the members on
January 16, the prohibitions against receiving gifts or benefits
applies to lobbyists, person seeking or having contracts with
the Legislature AND anyone (this is not limited to persons and
will include other parts of government) who is giving you the
economic value because of your office/status.
Therefore, if you
are offered free admission to any event because you are Rep.
XXXXX, you may accept ONLY if you are a “program honoree, speech
presenter or panel member.”
No one knows how
the Board will illuminate this list of exceptions; will one’s
name have to appear in a printed, distributed program; will the
fact of a speech or panel presentation have to be included in
the invitation; will the Board look to
1123(16) to define speech
and panel [“the phrase "public speech" shall mean a speech, or
other oral presentation, including a panel discussion, . . .
before the public at large, or before any civic, political,
religious, educational, or eleemosynary group or organization”]?
I hope these
thoughts help you in assessing what admissions you may accept
for “free” and which ones you must pay for.
Alfred Speer,
Clerk
225-342-7259 |
