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2001 Correspondence
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2001 Correspondence
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STATUTORY PROHIBITION ON LOBBYIST GIFTS <br />According to Minnesota's Ethics in Government Act, lobbyists and lobbyist principals' "may not <br />give a gift or request another to give a gift to" any member of the Metropolitan Council, and <br />members are prohibited from accepting a gift from lobbyists and lobbyist principals. The term <br />"gift" means: <br />money, real or personal property, a service, a loan, a forbearance or forgiveness of <br />indebtedness, or a promise of future employment, that is given and received without <br />the giver receiving consideration of equal or greater value in return. <br />The statutory prohibition applies to gifts from lobbyists or lobbyist principals. The statutory <br />prohibition does not prohibit the receipt of a gift from an individual who is not registered as a <br />lobbyist, or the receipt of a gift from an organization or entity that does not qualify as a lobbyist <br />principal. The statutory prohibition on lobbyist gifts also does not apply if a gift is: <br />(1) a [political] contribution as defined in [the Act ]; <br />(2) services to assist an official in the performance of official duties, <br />including but not limited to providing advice, consultation, information, and <br />communication in connection with legislation, and services to constituents; <br />(3) services of insignificant monetary value; <br />(4) a plaque or similar memento recognizing individual services in a field <br />of specialty or to a charitable cause; <br />(5) a trinket or memento of insignificant value; <br />(6) informational material of unexceptional value; or <br />(7) food or a beverage given at a reception, meal, or meeting away from the <br />recipient's place of work by an organization before whom the recipient appears to <br />make a speech or answer questions as part of a program. <br />Finally, the statutory prohibition on receipt and acceptance of gifts does not apply if a gift is given: <br />(1) because of the recipient's membership in a group, a majority of whose <br />members are not officials, and an equivalent gift is given to the other members of <br />the group; or <br />(2) by a lobbyist or principal who is a member of the family of the <br />recipient, unless the gift is given on behalf of someone who is not a member of that <br />family. <br />The statutory prohibitions on lobbyist gifts are mandatory and a person charged with a duty under <br />the Ethics in Government Act is "personally liable for the penalty for failing to discharge" the <br />duty.' <br />-2 <br />
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