Gift Made with Intent to Influence

(a) A state employee or special state appointee, or the spouse or unemancipated child of a state employee or special state appointee, shall not knowingly solicit, accept, or receive any:

  1. gift;
  2. favor;
  3. service;
  4. entertainment;
  5. food;
  6. drink;
  7. travel expenses; or
  8. registration fees;

from a person who has a business relationship with the employee’s or special state appointee’s agency or is seeking to influence an action by the employee or special state appointee in his or her official capacity.

42 Ind. Admin. Code 1-5-1 (exceptions listed under “Gift from Lobbyist or Regulated Entity”).

Extra Compensation for Official Duties

A state officer, employee, or special state appointee shall not solicit or accept compensation for the performance of official duties other than provided for by law.

42 Ind. Admin. Code 1-5-8.

Gift Regardless of Giver Status

No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”

Gift from Lobbyist or Regulated Entity

2-7-5-8 Gifts

Section 8 –

(a) This section does not apply to gifts made between relatives.

(b) A lobbyist may not make a gift with a value of fifty dollars ($50) or more to a legislative person unless the lobbyist receives the consent of the legislative person before the gift is made. The lobbyist must inform the particular legislative person of the cost of the gift at the time the lobbyist seeks the consent of the legislative person.

Ind. Code Ann. § 2-7-5-8.

2-7-5-9 Legislative Persons; Travel Expenses

Section 9 –

(a) This section does not apply to the following:

  1. Expenses associated with travel outside Indiana for any purpose that is paid for by an organization or corporation of which the legislative person or the legislative person’s spouse is an officer, member of the board of directors, employee, or independent contractor.
  2. Travel expenses of a legislative person attending a public policy meeting if:
    1. (A) the legislative person’s sole purpose for attending the meeting is to serve as a speaker or other key participant in the meeting; and
    2. (B) the speaker of the house of representatives or the president pro tempore of the senate approves the payment of the travel expenses in writing.

(b) As used in this section, “travel expenses” includes expenses for transportation, lodging, registration fees, and other expenses associated with travel. However, for purposes of this section, the term does not include expenditures for meals.

(c) Except as provided in subsection (a), a lobbyist may not pay for or reimburse for travel expenses of a legislative person for travel outside Indiana for any purpose.

Ind. Code Ann. § 2-7-5-9.

42 IAC 1-5-1 Gifts; travel expenses; waivers

(a) A state employee or special state appointee, or the spouse or unemancipated child of a state employee or special state appointee, shall not knowingly solicit, accept, or receive any:

  1. gift;
  2. favor;
  3. service;
  4. entertainment;
  5. food;
  6. drink;
  7. travel expenses; or
  8. registration fees;

from a person who has a business relationship with the employee’s or special state appointee’s agency or is seeking to influence an action by the employee or special state appointee in his or her official capacity.

(b) The following shall not be subject to this rule:

  1. Gifts, favors, services, entertainment, food, drink, travel expenses, or registration fees from public agencies or public institutions.
  2. Food or drink consumed at a public meeting to which at least twenty-five (25) individuals are invited. A meeting will be considered public if:
    1. (A) the event is a reception or other gathering for public officials that is not arranged to solicit government procurement of goods or services;
    2. (B) the employee is giving a speech or participating in a presentation in the employee’s official capacity; or
    3. (C) the meeting has a formal educational program that the employee is attending to assist him or her in performing official duties.
  3. Mementos or souvenirs of nominal value.
  4. Food or drink consumed by an employee during negotiations or other activities related to an Indiana economic development corporation economic development project.
  5. Gifts, favors, services, entertainment, food, or drinks from relatives, or a person with whom the employee or special state appointee has an ongoing social relationship, so long as:
    1. (A) the gifts or other items of value are not deducted as a business expense; and
    2. (B) the gift giver is not seeking to influence an action by an employee or special state appointee in that person’s official capacity.
  6. Political contributions subject to IC 3-9-2 that are reported in accordance with applicable law.
  7. Nominal refreshments offered to a state employee or a special state appointee conducting official state business while the employee or special state appointee is at a workplace of a person who:
    1. (A) has a business relationship; or
    2. (B) seeks to influence official action;
    3. with the employee’s or special state appointee’s agency.
  8. Discount and other promotional programs approved and made available to state employees and special state appointees through the state personnel department or the Indiana department of administration.

(c) An employee’s or special state appointee’s state officer or appointing authority may waive application of subsection (a) of this rule in individual cases when consistent with the public interest. The waiver shall:

  1. be in writing; and
  2. identify the following:
    1. (A) The employee or special state appointee.
    2. (B) The nature and value of the gift.
    3. (C) The donor of the gift.
    4. (D) Why acceptance of the gift is consistent with the public interest.

(d) Written waivers must be filed with the commission within thirty (30) days of receipt of the gift. The commission may review the written waivers. An appointing authority or state officer may designate authority to the agency’s ethics officer to waive application of this rule on behalf of the appointing authority or state officer. The designation shall be in writing and filed with the commission.

(e) If a person wishes to reimburse the state for any part or all of the expenses incurred by the state for appearances of a state officer, employee, or special state appointee or their official representatives on behalf of the state, the person shall remit to the treasurer of state any such amounts. The treasurer of the state shall quietus the funds into the general fund.

42 Ind. Admin. Code 1-5-1.

Definitions and Exceptions

Please see above sections for statute specific definitions and exceptions.

Notes/Resources

Resource(s)

Indiana Gift Rule

Learn more about state gift laws