115-03-01-03. Exceptions to gift prohibitions.

This rule does not preclude or apply to the following:

1. A gift by a lobbyist who is a member of the public official's immediate family.

2. Any item given where the public official is paying fair market value for the item.

3. Purely informational material.

4. A campaign contribution that is given in accordance with all applicable state laws, rules, and regulations governing campaign contributions.

5. Reimbursement or payment for transportation, lodging costs, and meal costs not to exceed rates as authorized under North Dakota century code section 44-08-04 and office of management and budget Fiscal Policy #505 to facilitate attendance to a public or private educational and social event within the state, if the public official meaningfully participates in the event as a speaker or panel participant, presenter, or ceremonial event appropriate to the position, or if attendance is appropriate to the performance of official duties.

6. Gifts or other things of value shared as a cultural or social norm as part of a public or private social and educational event.

7. Food and beverage served for immediate consumption at any private or public social and educational event.

8. Food or beverage with a value of ten dollars or less, excluding gratuity, purchased for a public official in conjunction with an informal social and educational event. The purchased food and beverage must be consumed during the event. A state resident must be present but is not required to be the purchaser of the food or beverage.

History: Effective October 6, 2020; amended effective July 28, 2021.