Gift Made with Intent to Influence

No state officer or employee may receive, accept, take, seek, or solicit, any thing of economic value as a gift, gratuity, or favor from a person if it would likely influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction.

Wash. Rev. Code Ann. § 42.52.140.

Extra Compensation for Official Duties

42.52.110. Compensation for Official Duties or Nonperformance

No state officer or state employee may, directly or indirectly, ask for or give or receive or agree to receive any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring the performance of any official duty, unless otherwise authorized by law except: (1) The state of Washington; or (2) in the case of officers or employees of institutions of higher education or of the *Spokane intercollegiate research and technology institute, a governmental entity, an agency or instrumentality of a governmental entity, or a nonprofit corporation organized for the benefit and support of the state employee’s agency or other state agencies pursuant to an agreement with the state employee’s agency.

Wash. Rev. Code Ann. § 42.52.110.

9A.68.020. Requesting Unlawful Compensation

  1. A public servant is guilty of requesting unlawful compensation if he or she requests a pecuniary benefit for the performance of an official action knowing that he or she is required to perform that action without compensation or at a level of compensation lower than that requested.
  2. Requesting unlawful compensation is a class C felony.

Wash. Rev. Code Ann. § 9A.68.020.

9A.68.030. Receiving or Granting Unlawful Compensation

  1. A person is guilty of receiving or granting unlawful compensation if:
    1. (a) Being a public servant, he or she requests, accepts, or agrees to accept compensation for advice or other assistance in preparing a bill, contract, claim, or transaction regarding which he or she knows he or she is likely to have an official discretion to exercise; or
    2. (b) He or she knowingly offers, pays, or agrees to pay compensation to a public servant for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction regarding which the public servant is likely to have an official discretion to exercise.
  2. Receiving or granting unlawful compensation is a class C felony.

Wash. Rev. Code Ann. § 9A.68.030.

Gift Regardless of Giver Status

42.52.150. Limitations on Gifts

  1. No state officer or state employee may accept gifts, other than those specified in subsections (2) and (5) of this section, with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars. For purposes of this section, “single source” means any person, as defined in RCW 42.52.010, whether acting directly or through any agent or other intermediary, and “single gift” includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under RCW 42.52.010. The value of gifts given to an officer’s or employee’s family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.
  2. Except as provided in subsection (4) of this section, the following items are presumed not to influence under RCW 42.52.140, and may be accepted without regard to the limit established by subsection (1) of this section:
    1. (a) Unsolicited flowers, plants, and floral arrangements;
    2. (b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
    3. (c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
    4. (d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer’s or employee’s agency;
    5. (e) Informational material, publications, or subscriptions related to the recipient’s performance of official duties;
    6. (f) Food and beverages consumed at hosted receptions where attendance is related to the state officer’s or state employee’s official duties;
    7. (g) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for deposit in the legislative international trade account created in RCW 43.15.050;
    8. (h) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for the purpose of promoting the expansion of tourism as provided for in *RCW 43.330.090;
    9. (i) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, solicited on behalf of a national legislative association, 2006 official conference of the national lieutenant governors’ association, the annual conference of the national association of state treasurers[,] or host committee for the purpose of hosting an official conference under the circumstances specified in RCW 42.52.820, section 2, chapter 5, Laws of 2006, or RCW 42.52.821. Anything solicited or accepted may only be received by the national association or host committee and may not be commingled with any funds or accounts that are the property of any person;
    10. (j) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization;
    11. (k) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature; and
    12. (l) Gifts, grants, donations, sponsorships, or contributions from any agency or federal or local government agency or program or private source for the purposes of chapter 28B.156 RCW.
  3. The presumption in subsection (2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.

. . . .

(5) A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in chapter 42.17A RCW.

Wash. Rev. Code Ann. § 42.52.150(1)-(3), (5).

Gift from Lobbyist or Regulated Entity

42.52.130. Honoraria

  1. No state officer or state employee may receive honoraria unless specifically authorized by the agency where they serve as state officer or state employee.
  2. An agency may not permit honoraria under the following circumstances:
    1. (a) The person offering the honorarium is seeking or is reasonably expected to seek contractual relations with or a grant from the employer of the state officer or state employee, and the officer or employee is in a position to participate in the terms or the award of the contract or grant;
    2. (b) The person offering the honorarium is regulated by the employer of the state officer or state employee and the officer or employee is in a position to participate in the regulation; or
    3. (c) The person offering the honorarium (i) is seeking or opposing or is reasonably likely to seek or oppose enactment of legislation or adoption of administrative rules or actions, or policy changes by the state officer’s or state employee’s agency; and (ii) the officer or employee may participate in the enactment or adoption.

Wash. Rev. Code Ann. § 42.52.130.

42.52.150. Limitations on Gifts

(4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency or of an agency that seeks to acquire goods or services who participates in those regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the following items from a person regulated by the agency or from a person who seeks to provide goods or services to the agency:

  1. (a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
  2. (b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
  3. (c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer’s or employee’s agency;
  4. (d) Informational material, publications, or subscriptions related to the recipient’s performance of official duties;
  5. (e) Food and beverages consumed at hosted receptions where attendance is related to the state officer’s or state employee’s official duties;
  6. (f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
  7. (g) Those items excluded from the definition of gift in RCW 42.52.010 except:
    1. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;
    2. Payments for seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and
    3. Flowers, plants, and floral arrangements.

Wash. Rev. Code Ann. § 42.52.150(4).

Definitions and Exceptions

Gift Defined and Definition Exceptions

(a) “Gift” means anything of economic value for which no consideration is given. “Gift” does not include:

  1. Items from family members or friends where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the agency of which the recipient is an officer or employee;
  2. Items related to the outside business of the recipient that are customary and not related to the recipient’s performance of official duties;
  3. Items exchanged among officials and employees or a social event hosted or sponsored by a state officer or state employee for coworkers;
  4. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity. As used in this subsection, “reasonable expenses” are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event;
  5. Items a state officer or state employee is authorized by law to accept;
  6. Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution. As used in this subsection, “reasonable expenses” are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event;
  7. Items returned by the recipient to the donor within thirty days of receipt or donated to a charitable organization within thirty days of receipt;
  8. Campaign contributions reported under chapter 42.17A RCW;
  9. Discounts available to an individual as a member of an employee group, occupation, or similar broad-based group; and
  10. Awards, prizes, scholarships, or other items provided in recognition of academic or scientific achievement.

Wash. Rev. Code Ann. § 42.52.010(9).

Notes/Resources

Resource(s)

Guidance on Gifts

Ethics in Public Service Act – Gifts

Learn more about state gift laws