Gift Made with Intent to Influence

No current state statute or regulation falls under the category of “Gift Made with Intent to Influence.”

Extra Compensation for Official Duties

244.042. Honoraria

  1. Except as provided in subsections (3) and (4) of this section, a public official may not solicit or receive, whether directly or indirectly, honoraria for the public official or any member of the household of the public official if the honoraria are solicited or received in connection with the official duties of the public official.
  2. Except as provided in subsection (3) of this section, a candidate may not solicit or receive, whether directly or indirectly, honoraria for the candidate or any member of the household of the candidate if the honoraria are solicited or received in connection with the official duties of the public office for which the person is a candidate.
  3. Except as provided in subsection (4) of this section, this section does not prohibit:
    1. (a) The solicitation or receipt of an honorarium or a certificate, plaque, commemorative token or other item with a value of $50 or less; or
    2. (b) The solicitation or receipt of an honorarium for services performed in relation to the private profession, occupation, avocation or expertise of the public official or candidate.
    1. (a) The Governor, First Partner, Secretary of State, State Treasurer, Attorney General and Commissioner of the Bureau of Labor and Industries may not solicit or receive an honorarium, money or any other consideration, as defined in ORS 171.725, for any speaking engagement or presentation.
    2. (b) This subsection does not prevent a public official listed in paragraph (a) of this subsection from receiving any food, beverage, travel or lodging expenses otherwise authorized by this chapter for a speaking engagement or presentation.

Or. Rev. Stat. Ann. § 244.042.

Gift Regardless of Giver Status

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

Gift from Lobbyist or Regulated Entity

244.025. Gift Limits

  1. During a calendar year, a public official, a candidate or a relative or member of the household of the public official or candidate may not solicit or receive, directly or indirectly, any gift or gifts with an aggregate value in excess of $ 50 from any single source that could reasonably be known to have a legislative or administrative interest.
  2. During a calendar year, a person who has a legislative or administrative interest may not offer to the public official or a relative or member of the household of the public official any gift or gifts with an aggregate value in excess of $ 50.
  3. During a calendar year, a person who has a legislative or administrative interest may not offer to the candidate or a relative or member of the household of the candidate any gift or gifts with an aggregate value in excess of $ 50.
  4. This section does not apply to public officials subject to the Oregon Code of Judicial Conduct.

Or. Rev. Stat. Ann. § 244.025.

Definitions and Exceptions

Gift and Honorarium Defined

(7)

(a) “Gift” means something of economic value given to a public official, a candidate or a relative or member of the household of the public official or candidate:

  1. (A) Without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or candidates or the relatives or members of the household of public officials or candidates on the same terms and conditions; or
  2. (B) For valuable consideration less than that required from others who are not public officials or candidates.

(b) “Gift” does not mean:

  1. (A) Contributions as defined in ORS 260.005.
  2. (B) Gifts from relatives or members of the household of the public official or candidate.
  3. (C) An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento or similar item, with a resale value reasonably expected to be less than $25.
  4. (D) Informational or program material, publications or subscriptions related to the recipient’s performance of official duties.
  5. (E) Admission provided to or the cost of food or beverage consumed by a public official, a relative of the public official accompanying the public official, a member of the household of the public official accompanying the public official or a staff member of the public official accompanying the public official, at a reception, meal or meeting held by an organization when the public official represents state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117.
  6. (F) Reasonable expenses paid by any unit of the federal government, a state or local government, a Native American tribe that is recognized by federal law or formally acknowledged by a state, a membership organization to which a public body as defined in ORS 174.109 pays membership dues or a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code, for attendance at a convention, fact-finding mission or trip, conference or other meeting if the public official is scheduled to deliver a speech, make a presentation, participate on a panel or represent state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117.
  7. (G) Contributions made to a legal expense trust fund established under ORS 244.209 for the benefit of the public official.
  8. (H) Reasonable food, travel or lodging expenses provided to a public official, a relative of the public official accompanying the public official, a member of the household of the public official accompanying the public official or a staff member of the public official accompanying the public official, when the public official is representing state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117:
    1. (i) On an officially sanctioned trade-promotion or fact-finding mission; or
    2. (ii) In officially designated negotiations, or economic development activities, where receipt of the expenses is approved in advance.
  9. (I) Food or beverage consumed by a public official acting in an official capacity:
    1. (i) In association with the review, approval, execution of documents or closing of a borrowing, investment or other financial transaction, including any business agreement between state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117 and a private entity or public body as defined in ORS 174.109;
    2. (ii) While engaged in due diligence research or presentations by the office of the State Treasurer related to an existing or proposed investment or borrowing; or
    3. (iii) While engaged in a meeting of an advisory, governance or policy-making body of a corporation, partnership or other entity in which the office of the State Treasurer has invested moneys.
  10. (J) Waiver or discount of registration expenses or materials provided to a public official or candidate at a continuing education event that the public official or candidate may attend to satisfy a professional licensing requirement.
  11. (K) Expenses provided by one public official to another public official for travel inside this state to or from an event that bears a relationship to the receiving public official’s office and at which the official participates in an official capacity.
  12. (L) Food or beverage consumed by a public official or candidate at a reception where the food or beverage is provided as an incidental part of the reception and no cost is placed on the food or beverage.
  13. (M) Entertainment provided to a public official or candidate or a relative or member of the household of the public official or candidate that is incidental to the main purpose of another event.
  14. (N) Entertainment provided to a public official or a relative or member of the household of the public official where the public official is acting in an official capacity while representing state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117 for a ceremonial purpose.
  15. (O) Anything of economic value offered to or solicited or received by a public official or candidate, or a relative or member of the household of the public official or candidate:
    1. (i) As part of the usual and customary practice of the person’s private business, or the person’s employment or position as a volunteer with a private business, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, not-for-profit corporation or other legal entity operated for economic value; and
    2. (ii) That bears no relationship to the public official’s or candidate’s holding of, or candidacy for, the official position or public office.
  16. (P) Reasonable expenses paid to a public school employee for accompanying students on an educational trip.

(8) “Honorarium” means a payment or something of economic value given to a public official in exchange for services upon which custom or propriety prevents the setting of a price. Services include, but are not limited to, speeches or other services rendered in connection with an event.

Or. Rev. Stat. Ann. § 244.020(7), (8).

Notes/Resources

Resource(s)

Oregon Government Ethics

A Guide for Public Officials

Learn more about state gift laws