Section 4-6-013 - GIFT LIMITATIONS.01 No principal, lobbyist, or person acting on behalf of either shall within one calendar month give any gifts with an aggregate value of over fifty dollars to any of the following: .01A An official or a member of the official's staff in the executive branch of government;.01B An official or a member of the official's staff in the legislative branch of state government; or.01C A member of the immediate family of an official in the executive or legislative branch of state government. (Reference Section 49-1490 ), Neb. Rev. Stat..02 Gift shall mean a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is given therefor. Gift shall not include a campaign contribution otherwise reported as required by law, a commercially reasonable loan made in the ordinary course of business, a gift received from a relative, a breakfast, luncheon, dinner, or other refreshments consisting of food or beverage provided for immediate consumption, or the occasional provision of transportation within the State of Nebraska. Reference: Section 49-1423, Neb. Rev. Stat.02A Entertainment, including expenses for food and drink. The lobbyist or a representative of the lobbyist or a principal must be present on the immediate premises at the time expenditures are incurred for food and drink for a public official, a member of his or her immediate family, or a member of his or her staff. If such an individual is not present, such furnishing of food and drink shall constitute evidence of a violation of Section 49-1490, if the amount thereof exceeds $50, along with other gifts in a calendar month. The providing of a breakfast, luncheon, dinner or other refreshments consisting of food and beverage to a public official, a member of his or her immediate family or a member of his or her staff must be for immediate consumption. Such persons may not be given nor may they solicit or accept food or beverages by charging the same to an account of the lobbyist or principal without the lobbyist or principal being present and each expenditure therefor being authorized by the lobbyist or principal at the time it is incurred. The authority of the lobbyist or principal to authorize such expenditures may not be delegated to a vendor..02B Lodging expenses for the benefit of a public official, a member of his or her immediate family, or a member of his or her staff of more than $50, along with other gifts in a calendar month, are prohibited unless consideration of equal or greater value is given therefor. Reference: Section 49-1490, Neb. Rev. Stat.02B1 The attendance at an event does not, in and of itself, constitute consideration of equal or greater value..02B2 Only lodging expenses which are reasonable and necessary under the circumstances and are not otherwise reimbursed may be paid.02C Transportation provided to a public official, a member of a public official's immediate family, or staff outside the State of Nebraska of a value of more than $50 is prohibited unless consideration of equal or greater value is given therefor. Reference: Section 49-1490, Neb. Rev. Stat..02C1 The attendance at an event out of state does not, in and of itself, constitute consideration of equal or greater value..02C2 Only transportation expenses which are reasonable and necessary under the circumstances and are not otherwise reimbursed may be paid..02D An honorarium given or money loaned, promised or paid to an official in the executive or legislative branch of state government, or hi$ or her staff, by a principal, lobbyist, or anyone acting on behalf of either for the official's or the staffs participation in, appearance at, or speaking at an event at the request of the principal or lobbyist does not constitute an exchange in the normal course of business for which equal or greater value is given and is required to be reported..02E Money loaned, promised or paid shall not include a loan by a principal in the business of making loans which is commercially reasonable and in accordance with regular lending rules and regulations; transactions involving a principal which are performed in the ordinary course of business pursuant to the terms of an insurance contract; a dividend paid by a principal on publicly traded stock; interest paid by a principal on bonds offered to the public; or any transaction involving a principal which is deemed confidential under the laws or regulations of the United States of America or the State of Nebraska..02F An admission to a state-owned facility or a state-sponsored industry or event of a value of more than $50 shall not be given by a principal, lobbyist, or person acting on behalf of either unless consideration of equal or greater value is given therefor. Any sponsoring agency, political subdivision, or publicly-funded postsecondary educational institution may give such admissions regardless of value but must report them pursuant to Section 49-1492.01, Neb. Rev. Stat..02F1 Any agency, political subdivision, or publicly-funded postsecondary educational institution that is a lobbyist must also report admissions pursuant to section 008.06G of this rule..02F2 Any agency, political subdivision, or publicly-funded postsecondary educational institution that is a principal must also report admissions pursuant to section 009.07G of this rule.4 Neb. Admin. Code, ch. 6, § 013
Amended effective 12/9/2015.