New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 934 - GIFTS (PURSUANT TO LEGISLATIVE LAW ARTICLE 1-A) › Section 934.4 - Exclusions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				are not gifts:
(1) Contributions reportable
				under article fourteen of the Election Law, including contributions made in
				violation of that article of the Election Law.
(2) Food or beverage valued at $15 or less
				per occasion.
(3) Complimentary
				attendance (including food and beverage) at a bona fide charitable event or a
				bona fide political event.
(4)
				Complimentary attendance (including food and beverage) offered by a lobbyist or
				client who is the sponsor of a widely attended event.
(i)
Widely attended event
shall mean an event:
(a) which at least 25
				individuals other than members, officers, or employees from the governmental
				entity in which the public official serves attend or were, in good faith,
				invited to attend in person; and
(b) which is related to the attendee's duties
				or responsibilities or 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:
(1) for an elected public
				official (or his or her staff attending with or on behalf of such elected
				official) only, attending an event or a meeting at which more than one-half of
				the attendees, or persons invited in good faith to attend in person, are
				residents of the county, district, or jurisdiction from which the elected
				public official was elected; or
(2)
				for all covered persons, 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.
(i) For
				the purposes of this clause, complimentary attendance does not include
				registration or admission without charge to any entertainment, recreational, or
				sporting activity unless the presentation addressing the issue of public
				interest or concern that is made by the speaker or attendee is delivered at
				such entertainment, recreational, or sporting activity.
(ii) For the purposes of this clause,
				complimentary attendance does not include food and beverage unless such food or
				beverage are available to all participants as part of the widely attended
				event.
(5) Awards, plaques, and other ceremonial
				items. Awards, plaques, and other ceremonial items must be publicly presented,
				or intended to be publicly presented, and in recognition of service related to
				a public official's official duties and responsibilities. Additionally, such
				awards, plaques, and other ceremonial items must be of the type customarily
				bestowed at similar ceremonies and be otherwise reasonable under the
				circumstances.
(6) Honorary degrees
				bestowed upon a public official by a public or private college or
				university.
(7) Promotional items.
				Items having no substantial resale value such as pens, mugs, calendars, hats,
				and t-shirts which bear an entity's name, logo, or message in a manner which
				promotes the entity's cause.
(8)
				Goods and services and discounts for goods and services:
(i) Goods and services, or discounts for
				goods and services, must be 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 and services are offered
				to the general public or segment thereof.
(ii) Notwithstanding subparagraph (i) of this
				paragraph, discounts made available to all public officials fall within this
				exclusion.
(iii) Notwithstanding
				subparagraph (i) of this paragraph, discounts made to a select group of public
				officials may fall within this exclusion. The following non-exhaustive list of
				factors shall be considered when any discount is made available to a select
				group of public officials to determine whether the discount would fall within
				this exclusion:
(a) the scope of the class of
				public officials who are offered the discount;
(b) the amount and duration of the discount;
				and
(c) whether the criterion for
				the offer is based on factors other than the public official's official duties
				and responsibilities.
(9) Gifts from friends or family members:
(i) Gifts, including an invitation to attend
				a personal or family social event, from a client or lobbyist (or the client's
				or lobbyist's spouse or unemancipated child) when all of the following criteria
				are met:
(a) the client or lobbyist (or the
				client's or lobbyist's spouse or unemancipated child) is a family member or a
				person with a personal relationship with a public official; and
(b) it is reasonable to infer that the gift
				was primarily motivated by the family or personal relationship.
(ii) In determining whether the
				gift was primarily motivated by a family or personal relationship, the factors
				to be considered include but are not limited to:
(a) the history and nature of the
				relationship between the individual offering the gift and the recipient,
				including whether items have previously been exchanged;
(b) whether the item was purchased by the
				individual offering the gift; and
(c) whether the individual offering the gift
				at the same time gave similar items to other public officials.
(iii) The gift shall not be
				considered to be motivated by a family or personal relationship if the
				individual or entity seeks to charge or deduct the value of such item as a
				business expense or seeks reimbursement from a client.
(10) Reimbursement of expenses for speakers
				at informational events. Travel reimbursement or payment for transportation,
				meals, and accommodations for an attendee, panelist, or speaker at an
				informational event 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:
(i) at a location on or within
				close proximity to the host campus; and
(ii) for the night preceding and the nights
				of the days on which the attendee, panelist, or speaker actually attends the
				informational event.
(11) Provision of local transportation to
				inspect facilities:
(i) Provision of local
				transportation to inspect or tour facilities, operations, or property located
				in New York State, when such inspection or tour is related to the public
				official's official duties or responsibilities.
(ii) The payment or reimbursement for
				expenses for lodging or travel expenses to and from the locality where such
				facilities, operations, or property are located is not covered by this
				exclusion.
(12) Meals
				for participants at a professional or educational program. Receipt of food and
				beverages when participating in a professional program or educational program
				as a part of a public official's official duties, provided the food or
				beverages are available to all participants.