Legislative Ethics Board Advisory Opinions
Topic
Appearance in a Public Capacity - Gift Exemption
Issue/Question
LEB Opinion Issue/Question
The Ethics Act recognizes
an exemption from the definition of "gift" for some expenses related to an
appearance by a legislator in an "official capacity." Under what circumstances
may a third party pay these expenses?
Summary
LEB Opinion Summary
The Board will make the following
inquires: (1)Has the Legislature analyzed the travel request to determine if
legislative duties are involved? (2) Would the Legislature view the expenses as
a proper expenditure of public funds, even though a third party has offered to
pay? (3) Is the legislative purpose of the trip substantive and not minor? The
Board emphasizes that this opinion was restricted to "an appearance in an
official capacity" and the gift exemption. Other issues could still be present
even if the travel was not a "gift," including the "reasonable expectation"
analysis, involvement of lobbyists, solicitation of travel and excessive travel
costs. RCW 42.52.010(d) and 42.52.150(2)(g).
Document
LEB Advisory Opinion Document
Review Outcome and Date
Reviewed in October 2022 – retained