Gift Made with Intent to Influence

No corporation organized or doing business in this State shall be permitted to influence elections or official duty by contributions of money or anything of value.

Okla. Const. art. IX, § 40.

Extra Compensation for Official Duties

No current state statute or regulation falls under the category of “Extra Compensation for Official Duties.”

Gift Regardless of Giver Status

Rule 4.11. Gratuities Offered at Seminars, Conferences or Similar Events.

A state officer or employee attending a conference, seminar or similar event related to the performance of his or her official duties may accept gratuities and hospitality made available to all participants in the event.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.11.

Rule 4.13. Acceptance of Meals, Lodging, Transportation and Other Benefits as a Result of Spouse’s Business Activities.

A state officer or employee may accept meals, lodging, transportation and other benefits resulting from the business or employment activities of the state officer or employee’s spouse when it is clear that such benefits have not been offered or enhanced because of the state officer or employee’s status as a state officer or employee.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.13.

Rule 4.14. Acceptance of Meals, Lodging, Transportation and Other Benefits as a Result of Private Business Activities

A state officer or employee may accept meals, lodging, transportation and other benefits resulting from his or her private business or employment activities when such benefits have not been offered or enhanced because of the state officer or employee’s status as a state officer or employee.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.14.

Rule 4.15. Acceptance of Meals and Other Benefits for Conference Presentations.

  1. A state officer or employee approved by the chief administrative officer of the agency to participate as a speaker or panel participant or otherwise to present information on behalf of the agency at a conference or other event may accept free attendance at the event on the day of his or her presentation when the free attendance is provided by the sponsor of the event. Approval by the chief administrative officer shall not be required for elected officials to participate in such events subject to the terms of this subsection. Free attendance may include meals, refreshments, entertainment, instruction and materials made available to other participants. The sponsor of the event may also provide transportation and lodging to the state officer or employee if transportation and lodging are made available to others participating as speakers, panel participants or presenters. The state officer or employee’s spouse may also accept free attendance and participation in the event. The state officer or employee’s spouse may also accept lodging but not transportation. The state officer or employee or the state officer or employee’s spouse may not accept meals, refreshments, entertainment, transportation or lodging that are collateral to the event or that are not paid for by the sponsor of the event that would otherwise be prohibited by these Rules. No vendor or vendor’s agent may pay for, or reimburse the sponsor of the event for, any gifts to the state officer or employee or the state officer or employee’s spouse that are part of the free attendance and participation provided to the state officer or employee or the state officer or employee’s spouse. However, membership dues or sponsorships customarily and historically paid by a vendor or vendor’s agent to a sponsoring organization shall not be considered payment for, or reimbursement for, such costs.
  2. A state officer or employee may accept a scholarship or similar grant or subsidy, including the costs of transportation, lodging, meals, refreshments, entertainment, instruction and materials made available to other participants, to participate in an educational or training event sponsored by a foreign government, the United States government, the government of another state or an organization to which the State of Oklahoma pays membership dues either for the State, a state agency or an individual state officer or employee.
  3. A state officer or employee may accept a scholarship or similar grant or subsidy, including the costs of transportation, lodging, meals, refreshments, entertainment, instruction and materials made available to other participants, to participate in an educational or training event sponsored by a bona fide governmental, professional or business organization other than an organization described in Subsection (B), provided the state officer or employee files a report that includes the date or dates and location of the event, the name of the sponsoring organization or organizations, the name and job title and description of the state officer or employee participating, the subject matter of the event, the approximate value of the scholarship, grant or subsidy and the name of the person providing the scholarship, grant or subsidy. For non-elected state officers, the report shall include a certification by the chief administrative officer of the agency that employs the state officer or employee that the educational or training event will significantly assist the state officer or employee in discharging his or her duties. Forms for the reports shall be prescribed by the Executive Director. Reports shall be filed within thirty (30) days following the last day of the event and shall be displayed on the Commission website.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.15.

Rule 4.16. Acceptance of Meals for Professional, Civic or Community Events; Acceptance of Meals at Political Events.

Any elected state officer or any state officer or employee approved by the chief administrative officer of the agency to represent the agency at a professional, civic or community event may accept a meal at the event provided by the sponsoring organization. In such instances, the state officer or employee also may accept a token or souvenir gift or memento commemorating the occasion provided the item given is of a value commensurate with the occasion and is neither monetary or a cash equivalent. A professional, civic or community event shall not include political events. An employee for an elected state officer may accept a meal at a political event he or she attends with the elected state officer as long as he or she is not on state time.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.16.

Rule 4.20. Acceptance of Things of Value When Representing the State in an Official Capacity.

The Governor, Lieutenant Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives, or their designees, may accept transportation, lodging, meals and other things of value related to the purpose of an event when representing the State of Oklahoma in an official capacity at the event, whether within or outside the geographical boundaries of the State of Oklahoma, provided they receive no other personal benefits.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.20.

Gift from Lobbyist or Regulated Entity

Rule 5.6. Prohibition on Things of Value Provided to or Accepted by Governor, Legislative Officers and Employees.

Except as provided in these Rules, a legislative liaison, a legislative lobbyist or a lobbyist principal by whom the legislative liaison or legislative lobbyist is employed or retained shall provide no gift to the Governor, a legislator or any employee of the Governor or the Legislature. The Governor, a legislator or any employee of the Governor or the Legislature shall not knowingly accept anything of value from a legislative liaison, a legislative lobbyist or a lobbyist principal by whom the legislative liaison or legislative lobbyist is employed or retained except as permitted by these Rules. Except as provided in these Rules, an executive lobbyist or a lobbyist principal by whom the executive lobbyist is employed or retained shall provide nothing of value to any officer or employee of an agency that is the subject of the executive lobbyist’s lobbying activities. No officer or employee of an agency that is subject to an executive lobbyist’s lobbying activities shall knowingly accept anything of value from an executive lobbyist or a lobbyist principal by whom an executive lobbyist is employed except as permitted by these Rules. In no event shall a legislative liaison, a legislative lobbyist, an executive lobbyist or a lobbyist principal indirectly provide anything of value to any state officer or employee by providing a thing of value to a family member of the state officer or employee, other than as permitted by these Rules. In no event shall the costs of a thing of value provided by a legislative liaison or legislative lobbyist to the Governor, a legislator or any employee of the Governor or the Legislature permitted by these Rules be divided or shared with other legislative liaisons or legislative lobbyists in filing a report required by these Rules unless otherwise provided by these Rules. Agencies may provide two (2) tickets or admissions to any conference, seminar, lecture or similar event held within the boundaries of the State of Oklahoma and sponsored in whole or in part by the agency to the Governor, any legislator or any employee of the Governor or Legislature, provided the tickets or admissions are used by the recipient and a family member of the recipient. For all other gifts provided by a legislative liaison, legislative lobbyist or executive lobbyist that include meals or attendance at an event, the lobbyist or legislative liaison must attend the meal or event with the recipient.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.6.

Rule 5.7. Meal Limits for Legislative Liaisons or Legislative Lobbyist.

A legislative liaison or a legislative lobbyist shall pay no more than Five Hundred Dollars ($500.00) per calendar year for meals for the Governor, for any individual legislator or for any individual employee of the Governor or the Legislature, regardless of the source of funds used for payment.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.7

Rule 5.8. Gift Limits for Legislative Liaison or Legislative Lobbyist.

  1. A legislative liaison or a legislative lobbyist may make a gift to the Governor or any legislator or any employee of the Governor or the Legislature in recognition of infrequently occurring occasions of personal significance. The gift shall be given and received contemporaneously with the occasion or at times when such gifts are traditionally given. Such gifts may be made to a family member of the Governor or any legislator or any employee of the Governor or the Legislature, provided such family member is a party to a marriage, serious illness, birth or adoption of a child or retirement. Such gifts to any individual recipient may not exceed One Hundred Dollars ($100.00) in the aggregate in any calendar year from any legislative liaison or legislative lobbyist.
  2. A legislative liaison or legislative lobbyist may provide books and similar informational materials, including those in electronic, audio and/or video format, to the Governor, or any Legislator, or any employee of the Governor or Legislature, so long as such materials are related to the recipient’s responsibilities as an officer or employee of the State of Oklahoma. Materials provided pursuant to this subsection with an individual item value of One Hundred Dollars ($100.00) or less are not required to be reported to the Commission.
  3. Gifts, other than those exempt from reporting requirements under Rule 5, shall be reported to the Commission and aggregated with meals and the aggregate total of meals and other gifts provided to an individual recipient by a legislative liaison or legislative lobbyist may not exceed Five Hundred Dollars ($500.00). Each gift required to be reported must include the name and title of the recipient, date the gift was provided, a description of the gift and occasion for which it was given (if applicable), and the value of the gift. The aggregation and overall gift limit in this subsection does not apply to gifts provided pursuant to subsection (B).

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.8.

Rule 5.9. Meals Provided by Non-Lobbyist Employee of Lobbyist Principal

An employee of a lobbyist principal who is not a legislative liaison, a legislative lobbyist or an executive lobbyist may provide a meal no more than twice a year to a legislator at the expense of the lobbyist principal, provided (1) the employee is not acting at the direction of a legislative liaison, a legislative lobbyist or an executive lobbyist, (2) the employee is not engaging in lobbying of any kind, (3) the employee is a constituent of the legislator or is engaged in providing goods or business services for the lobbyist principal within the legislator’s district and (4) the employee typically engages in similar activities with other public officials in a geographical area within which the goods or business services are provided.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.9.

Rule 5.10. Meal Limits for Executive Lobbyist

An executive lobbyist shall pay no more than Five Hundred Dollars ($500.00) per calendar year for meals for an individual state officer or employee of an agency for which he or she is registered or should be registered as an executive lobbyist, regardless of the source of funds used for payment.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.10.

Rule 5.11. Gift Limits for Executive Lobbyist

  1. An executive lobbyist may make a gift to a state officer or employee of an agency for which he or she is registered or should be registered as an executive lobbyist in recognition of infrequently occurring occasions of personal significance. The gift shall be given and received contemporaneously with the occasion or at times when such gifts are traditionally given. Such gifts may be made to a family member of a state officer or employee of an agency for which he or she is registered or should be registered as an executive lobbyist, provided such family member is a party to a marriage, serious illness, birth or adoption of a child or retirement. Such gifts to any individual recipient may not exceed One Hundred Dollars ($100.00) in the aggregate in any calendar year from any executive lobbyist.
  2. An executive lobbyist may provide books and similar informational materials, including those in electronic, audio and/or video format, given to a state officer or employee of an agency for which an executive lobbyist is or should be registered as an executive lobbyist, so long as such materials are related to the recipient’s responsibilities as an officer or employee of the State of Oklahoma. Materials provided pursuant to this subsection with an individual item value of One Hundred Dollars ($100.00) or less are not required to be reported to the Commission.
  3. Gifts, other than those exempt from reporting requirements under Rule 5, shall be reported to the Commission and aggregated with meals, and the aggregate total of meals and other gifts provided to an individual recipient by an executive lobbyist may not exceed Five Hundred Dollars ($500.00). Each gift required to be reported must include the name and title of the recipient, date the gift was provided, a description of the gift and occasion for which it was given (if applicable), and the value of the gift. The aggregation and overall gift limit in this subsection does not apply to gifts provided pursuant to subsection (B).

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.11.

Rule 5.12. Modest Items of Food and Refreshments.

A legislative liaison, legislative lobbyist, executive lobbyist or lobbyist principal may provide modest items of food and refreshments to any state officer or employee when offered other than as part of a meal.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.12.

Rule 5.13. Gifts Worth No More than Ten Dollars ($10.00) to State Officer or Employee

  1. A lobbyist principal may give a plaque, trophy or similar item suitable for display no more than once per year to a state officer or employee in acknowledgement of the officer or employee’s public service, provided the value of the item is no more than Two Hundred Dollars ($200.00) Such gifts are reported to the Commission on the Legislative Lobbyist Report. No state officer or employee may accept more than one (1) such gift during any calendar year from the same lobbyist principal.
  2. A lobbyist principal may provide books and similar informational materials, including those in electronic, audio and/or video format, to a state officer or employee so long as such materials are related to the recipient’s responsibilities as an officer or employee of the State of Oklahoma. Materials provided pursuant to this subsection with an individual item value of One Hundred Dollars ($100.00) or less are not required to be reported to the Commission. Any gifts required to be reported pursuant to this section are not subject to a limit, but must identify the name of the recipient, a description of the item provided, and the value of the gift.
  3. A legislative liaison, legislative lobbyist, executive lobbyist or lobbyist principal may provide a gift of any single item with a fair market value not exceeding Ten Dollars ($10.00) to any state officer or employee, provided that a legislative liaison, legislative lobbyist, executive lobbyist or lobbyist principal shall not make more than one such gift during any calendar year to any state officer or employee. Items given pursuant this subsection are not required to be reported to the Commission.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.13.

Rule 5.14. Food and Beverage Provided by a Lobbyist Principal to an Event to Which All Members of Legislature are Invited.

A lobbyist principal that employs or retains a legislative liaison or legislative lobbyist may provide food and beverage for any event to which all members of the Legislature are invited no more than once per calendar year, provided the event is reported as provided by these Rules. More than one lobbyist principal may provide food and beverage for such an event, but no lobbyist principal shall participate in more than one such event per calendar year.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.14.

Rule 5.15. Food and Beverage Provided by a Lobbyist Principal to a Political Caucus.

A lobbyist principal that employs or retains a legislative liaison or legislative lobbyist may provide food and beverage for a meeting of a political caucus of either House of the Legislature no more than once per calendar year, provided the event is reported as provided by these Rules. More than one lobbyist principal may provide food and beverage for such an event, but no lobbyist principal shall participate in more than one such event per calendar year for any caucus. As used in this section, “political caucus” shall mean only a caucus of legislators of a political party recognized under the laws of this state.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.15.

Rule 5.16. Food and Beverage Provided by a Lobbyist Principal to a Legislative Committee or Subcommittee.

A lobbyist principal that employs or retains a legislative liaison or legislative lobbyist may provide food and beverage for any event held within the Capitol building to which all members of a committee or subcommittee of either House of the Legislature identified in the Rules or Journal of the respective House are invited and which is attended by a majority of members of the committee or subcommittee no more than once per calendar year for any such committee or subcommittee, provided the event is reported as provided by these Rules. More than one lobbyist principal may provide food and beverage for such an event, but no lobbyist principal shall participate in more than one such event per calendar year for any committee or subcommittee. The reporting provision of this section shall not include legislators who are not members of the committee or subcommittee, nor shall it include legislative staff members who do not officially or regularly provide staff services for the committee or subcommittee.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.16.

Rule 5.17. Food and Beverage Provided by a Lobbyist Principal for Out of State Events.

A lobbyist principal that employs or retains a legislative liaison or legislative lobbyist may provide food and beverage for any event at a professional conference, seminar or other similar meeting conducted outside the geographical boundaries of the State of Oklahoma to which only Oklahoma state officers or employees participating in the event are invited, provided a minimum of five state officers or employees participate and provided the event is reported as provided by these Rules. More than one lobbyist principal may provide food and beverage for such an event, but no lobbyist principal shall participate in more than one such event per calendar year.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.17.

Rule 5.18. Lobbyist Principal Purchase of Tickets or Sponsorship of Bona Fide Community, Civic, or Charitable Event.

A lobbyist principal may purchase tickets for or otherwise provide sponsorship for a bona fide community, civic or charitable reception, breakfast, luncheon or dinner attended by state officers and employees who are guests of the sponsoring organization, provided the lobbyist principal may not designate state officers or employees to be guests and provided the purchase or sponsorship is customary for the lobbyist principal and other similar entities.

74 Okla. Stat. Ch. 62, Appx. I, Rule 5, Rule 5.18.

Rule 4.8. Gifts from Vendors to Persons Engaged in Purchasing Decisions.

No state officer or employee shall accept any gift for himself or herself or for his or her family member from any vendor or vendor’s agent that is selling or attempting to sell goods or services to the state officer or employee’s agency if the state officer or employee is engaged in purchasing decisions designed to determine the vendor that will sell the goods or services to the agency. As used in this section, “engaged in purchasing decisions” shall mean performing functions in the purchasing process for purchases in excess of Fifty Thousand Dollars ($50,000.00), including but not limited to participation (a) in preparation of requests for proposals, bid specifications or similar documents, or (b) in review and evaluation of proposals, bids or similar responses, or (c) in recommendations for selection of successful proposals or bids or other similar awards or (d) in approval of requisitions for purchase. It shall not apply to persons performing only nondiscretionary or clerical functions. This prohibition shall not apply to the state officer or employee’s family member if the gift is given for a bona fide reason unrelated to the state officer or state employee’s status as a state officer or employee and the state officer or employee receives no direct benefit from the gift.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.8.

Rule 4.9. Gifts from Successful Vendors.

No state officer or state employee shall accept any gift for himself or herself or his or her family member from any vendor or vendor’s agent at any time the vendor is doing business with the state officer or state employee’s agency through a contract involving property or services, subject to the following exceptions:

  1. A state officer or employee may accept meals having an aggregate market value of Twenty Dollars ($20.00) or less per occasion, provided that the aggregate market value of individual gifts received from any individual or other entity does not exceed Fifty Dollars ($50.00) during any calendar year. Where the market value of a meal exceeds Twenty Dollars ($20.00) on a single occasion, the state officer or employee may not pay the excess value over Twenty Dollars ($20.00) in order to accept that portion of the gift worth Twenty Dollars ($20.00). The value of a meal shall include its price, plus any applicable tax but shall not include a gratuity.
  2. A state officer or employee may accept a gift given under circumstances that make it clear that the gift is motivated by a family relationship or a personal relationship rather than the state officer or employee’s status as a state officer or employee. Relevant factors in making such a determination include, but are not limited to, the history and nature of the relationship and whether the family member or friend personally pays for the gift.
  3. A state officer or employee may accept a gift given to all state employees or to all employees of his or her agency provided the gifts are customary within the industry and the costs of the gifts do not significantly exceed amounts that are customary within the industry.
  4. A state officer or employee may accept a book, written materials, audio tapes, videotapes and other informational or promotional material related to the performance of the state officer or employee’s official duties.
  5. A state officer or employee may accept opportunities and benefits available to the public generally and on the same terms available to the public.

74 Okla. Stat. Chap. 62, Appx. I, Rule 4, Rule 4.9.

Rule 4.10. Gifts to State Officers or Employees from Regulated and Licensed Entities.

Except as permitted by these Rules, no state officer or employee shall accept any gift for himself or herself or for his or her family member from any person or entity or agent of any person or entity that is regulated or licensed by the state officer or employee’s agency; provided, however, this prohibition shall not apply to gifts that are made by the employer of the state officer or employee or his or her family member under circumstances that make it clear that the gift is not motivated by the state officer or employee’s status as a state officer or employee.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.10.

Rule 4.12. Modest Items of Food and Refreshments

A state officer or employee occasionally may accept modest items of food and refreshments, excluding beverages containing alcohol, from vendors or persons regulated or licensed by the state officer or employee’s agency when offered other than as part of a meal.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.12.

Definitions and Exceptions

Exceptions

Rule 4.22. Waiver for Preexisting Relationship

A state officer or employee may apply to the Commission for a waiver of a Rule based on a preexisting relationship between the state officer or employee and a person whose status restricts or prohibits certain activities under these Rules.

The Commission shall have exclusive authority and discretion to grant a waiver on a case-by-case basis, based upon the totality of circumstances and a finding that the purposes of these Rules will not be impeded or hindered by the waiver. A waiver shall have only prospective application.

The Commission may request whatever information it deems appropriate from an applicant, including but not limited to verified statements by the applicant and/or the person with whom a preexisting relationship is claimed. The restrictions between a state officer or employee and a person whose status restricts or prohibits certain activities under these Rules shall not apply when the two are family members.

74 Okla. Stat. Ch. 62, Appx. I, Rule 4, Rule 4.22.

Notes/Resources

Resource(s)

Ethics Commission Advisory Opinion

Learn more about state gift laws