Regulation 36-14-17009 Out-of-state travel

Regulation Authority:

R.I. Const., art. III, § 8; R.I. Gen. Laws § 36-14-9.

Purpose and Reason:

The purpose of this amendment is to require public officials and employees who file yearly financial statements to disclose whether they have received any gifts of out-of-state travel or travel-related expenses valued at over $250 from a person or entity, if it is more likely than not that the official or employee would not have been provided with the travel but for his or her public office-holding or employment. This disclosure would be made on the yearly financial disclosure form. The Commission previously held a public hearing on October 16, 2012. This new notice and hearing is relative to consideration of a subsection clarifying the types of circumstances indicating that it is more likely than not that the travel would not have been provided but for the public official's or employee's holding of public office. As a result of public comment and Commission hearings on the proposed regulations, certain amendments were made to the regulation as initially proposed. These amendments include: (1) Although the disclosure as proposed was not intended to apply to travel received from one's regular private employer, language was added to subsection (a) of the regulation to make this exception more clear; (2) all uses of the term "donor" were removed from subsection (b) and the term "provider" was substituted; (3) all uses of the term "gift" were removed from subsection (b) and the phrase "out-of-state travel and related transportation, lodging, meals and entertainment" was substituted; (4) subsection (b)(9) was added to include an additional circumstance indicating that the person or entity would not have provided the travel but for the official's or employee's public office or position; and (5) the word "necessarily" was removed from the phrase "may include, but are not necessarily limited to" in subsection (b).