§84-11.5 - Reporting of gifts.
[§84-11.5] Reporting of gifts.
(a) Every legislator and employee shall file a gifts disclosure statement with
the state ethics commission on June 30 of each year if all the following
conditions are met:
(1) The legislator or employee, or spouse or dependent
child of a legislator or employee, received directly or indirectly from one
source any gift or gifts valued singly or in the aggregate in excess of $200,
whether the gift is in the form of money, service, goods, or in any other form;
(2) The source of the gift or gifts have interests
that may be affected by official action or lack of action by the legislator or
employee; and
(3) The gift is not exempted by subsection (d) from
reporting requirements under this subsection.
(b) The report shall cover the period from
June 1 of the preceding calendar year through June 1 of the year of the report.
(c) The gifts disclosure statement shall
contain the following information:
(1) A description of the gift;
(2) A good faith estimate of the value of the gift;
(3) The date the gift was received; and
(4) The name of the person, business entity, or
organization from whom, or on behalf of whom, the gift was received.
(d) Excluded from the reporting requirements
of this section are the following:
(1) Gifts received by will or intestate succession;
(2) Gifts received by way of distribution of any
inter vivos or testamentary trust established by a spouse or ancestor;
(3) Gifts from a spouse, fiance, fiancee, any
relative within four degrees of consanguinity or the spouse, fiance, or fiancee
of such a relative. A gift from any such person is a reportable gift if the
person is acting as an agent or intermediary for any person not covered by this
paragraph;
(4) Political campaign contributions that comply with
state law;
(5) Anything available to or distributed to the
public generally without regard to the official status of the recipient;
(6) Gifts that, within thirty days after receipt, are
returned to the giver or delivered to a public body or to a bona fide
educational or charitable organization without the donation being claimed as a
charitable contribution for tax purposes; and
(7) Exchanges of approximately equal value on
holidays, birthday, or special occasions.
(e) Failure of a legislator or employee to
file a gifts disclosure statement as required by this section shall be a
violation of this chapter.
(f) This section shall not affect the
applicability of section 84-11. [L 1992, c 322, pt of §1]