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 934.3 - Gifts

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 934.3

Current through Register Vol. 46, No. 12, March 20, 2024

(a) It is presumptively impermissible for a lobbyist or client to offer or give a gift to any public official. Such a gift is only permissible if, under the circumstances, all of the following criteria are met:

(1) it is not reasonable to infer that the gift was intended to influence the public official; and

(2) the gift could not reasonably be expected to influence the public official, in the performance of his or her official duties; and

(3) it is not reasonable to infer that the gift was intended as a reward for any official action on the public official's part.

(b) The offering or giving of a gift from a lobbyist or a client to the spouse or unemancipated child of a public official is permissible unless, under the circumstances, any one of the following criteria is met:

(1) it could reasonably be inferred that the gift was offered or given with the intent to influence the public official; or

(2) the gift could reasonably be expected to influence the public official in the performance of his or her official duties; or

(3) it could reasonably be inferred that the gift was offered or given with the intent to reward the public official for any official action on his or her part.

(c) The offering or giving of a gift from a spouse or unemancipated child of a lobbyist or a client to a public official is permissible unless, under the circumstances, any one of the following criteria is met:

(1) it could reasonably be inferred that the gift was offered or given with the intent to influence the public official; or

(2) the gift could reasonably be expected to influence the public official in the performance of his or her official duties; or

(3) it could reasonably be inferred that the gift was offered or given with the intent to reward the public official for any official action on his or her part.

(d) Notwithstanding subdivisions (a), (b), and (c) of this section, nothing in this Part shall apply to gifts to officers, members, or directors of boards, commissions, councils, public authorities, or public benefit corporations who receive no compensation or are compensated on a per diem basis if the lobbyist or client giving or offering such gift does not appear, and does not have any matters pending before, the entity on which the recipient sits.

(e) No lobbyist or client shall offer or give a gift to a third party, including a charitable organization:

(1) on behalf of a public official (or a public official's spouse or unemancipated child), when such gift cannot be offered or given to such public official (or the spouse or unemancipated child of such public official) under subdivision (a) of this section; or

(2) at the designation or recommendation of a public official (or a public official's spouse or unemancipated child), when such gift cannot be offered or given to such public official (or the spouse or unemancipated child of such public official) under subdivision (a) of this section.

(f) Multiple gifts.

A gift that is otherwise permissible under subdivision (a), (b), or (c) of this section may be prohibited if it is one of multiple gifts from the same person, entity, or organization if, under the circumstances, it could be reasonable to infer that the multiple gifts, collectively:

(1) were given with the intent to influence the public official; or

(2) could reasonably be expected to influence the public official in the performance of his or her official duties; or

(3) were offered or given with the intent to reward the public official for any official action on his or her part.

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