Senate Bill 10: How to protect yourself and your establishment!

Senate Bill 10, which passed during the 2007 regular session, is now in affect and imposing strict limits on gifts to public officials and state employees from lobbyists and others with a legislative interest. The bill requires quarterly electronic ethics reporting and prohibits public officials from receiving gifts exceeding a $50 value from a source with legislative or administrative interest during a calendar year. This $50 limit includes the cost of food and refreshments. Any gift of entertainment is prohibited unless "incidental" or "ceremonial".

Important facts to be aware of:

• The gift limit has been reduced from $100 to $50 from a single source during a calendar year. Even offering a cup of coffee once in a while could add up fast and put the official in jeopardy of going over the $50 limit.
• Any meal consumed in the giver's presence now must be counted within the $50 limit whereas before that meal would not be taken into account.
• If any gift is given to a state employee or public official, including food & coffee, a written record of the gift and the gift's value must be documented.

This ethics bill is very extensive and covers a variety of subject areas. However, in general terms, its best not to offer a public official any sort of gift and remember that gifts of entertainment are prohibited. This practice is in the best interest of your business as well as the official's. A public official is a person who is serving the public body as an officer, employee, agent or otherwise regardless of whether the person is compensated for their services. Public officials you may come into contact with include: Lottery Reps, OLCC Reps, Health Inspectors, State Police, Fire Marshal's etc… Be aware that any violation of these ethics laws can result in a fine of up to $5,000 per violation! Each individual and business is responsible for their compliance and personally liable for any fines assessed against them. Please make sure you and your employees are aware of and in compliance with these ethics law changes.

For questions regarding this bill please contact Kara Thallon at kara@ora.org.