In such cases, where the lobbyist or lobbyist-employer is the primary sponsor of the event, there is no violation caused by an inquiry as to whether a discount or waiver of the attendance fee is available to government officers and employees. . When the reasonable expectation statute is applicable, the statute prohibits acceptance as well as solicitation. House Advisory Opinion 1989 - No. 2, where the former House Board of Legislative Ethics considered factors of this nature in disallowing an expensive gift of travel expenses where the travel dealt with a public policy matter and was within legislative duties but where the expenses would have been paid by persons with a lobbying purpose. 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. If the contributions described in this opinion request are wholly unsolicited, it is appropriate to apply the gift analysis.
Solicitation implies a demand for special privileges and a reasonable expectation of influence.
If the gift described in this request is unsolicited, it does not raise a reasonable expectation question unless the gift is being offered to influence or reward specific action. In applying the gift analysis, the first question is whether either of the food and beverage exemptions apply. In order to come under that provision, however, the event has to include participation by the lobbyist- host. If a meal is involved, there must be direct contact and discussion of legislative business, as stated by the Board in Advisory Opinion 1996 - No. 15, Restaurant Association Event. The circumstances described in this request suggest that the lobbyists are expected to be absentee sponsors, which would not meet the test for the exception.