1. May the requestor corporation pay for a bus for a tour of its facilities andsimilar facilities for a selected group of legislators
? Could a trade association pay forthe bus?2. May the requestor pay for lunches for the legislators as long as the cost of thelunch is less than $50 per legislator? May the trade association pay for the lunch?3. Would the $50 gift limitation apply since the program “allows legislators tospeak or answer questions.”?
The IEC finds that a member of the general assembly is a government employeesubject to the jurisdiction of the Commission. CO Const. Art. XXIX (2)(1).
III. APPLICABLE LAW AND PRECEDENT
Section 3 of Article XXIX (Gift ban) reads in relevant part:(2) No public officer, member of the general assembly, local governmentofficial, or government employee, either directly or indirectly as thebeneficiary of a gift or thing of value given to such person’s spouse ordependent child, shall solicit, accept or receive any gift or other thing ofvalue having either a fair market value or aggregate actual cost greaterthan fifty dollars ($50) in any calendar year, including but not limited to,gifts, loans, rewards, promises or negotiations of future employment,favors or services, honoraria, travel, entertainment, or special discounts,from a person, without the person receiving lawful consideration of equalor greater value in return from the public officer, member of the generalassembly, local government official, or government employee whosolicited, accepted or received the gift or other thing of value.(3) The prohibitions in subsections (1) and (2) of this section do not applyif the gift or thing of value is:* * *(e) Admission to, and the cost of food or beverages consumed at, areception, meal or meeting by an organization before whom the recipientappears to speak or to answer questions as part of a scheduled program.
There is no information in the request regarding how these legislators were selected or how manylegislators have been asked.