Gift Ban - 8 of 25

Background

In addition to prohibiting public officials and government employees from accepting certain gifts and things of value, article XXIX of the Colorado Constitution (commonly referred to as Amendment 41) also prohibits professional lobbyists from giving members of the General Assembly (among others) any gift or thing of value of any kind or nature, regardless of the amount. The only exceptions to this prohibition are for campaign contributions and gifts to the members of the professional lobbyist's immediate family. Based on this gift ban, members of the General Assembly are well advised not to accept gifts from professional lobbyists.

Hypothetical

Reception hosted by a local business association and paid for by its lobbyist

You've been invited to attend a legislative reception hosted by the Colorado Florists Association. This is a popular annual event and, although you first thought you were invited because of the farmers' market bill you sponsored last session, you've since learned that every member of the General Assembly was invited and many of your colleagues plan to attend. The invitation indicates that there will be hot hors d'oeuvres and two drink coupons for each attendee. The invitation also states that the total value to each attendee does not exceed $65. You have also learned that the reception is being paid for by the association's contract lobbyist.

Question

May you attend the Colorado Florists Association's legislative reception?

  1. YES, because the value of the reception is less than $65 and you have not and will not accept any other gifts from this lobbyist for the rest of the year.
  2. YES, because you do not intend to eat or drink anything at the event.
  3. YES, because you have been asked to speak at the event about the farmers' market bill you sponsored last session.
  4. NO, the constitutional prohibition against gifts in any amount from a professional lobbyist is absolute and clear.

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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.