§ 133-32. Gifts and favors regulated. - North Carolina Statutes

§ 133‑32.  Gifts andfavors regulated.

(a)        It shall beunlawful for any contractor, subcontractor, or supplier who:

(1)        Has a contract witha governmental agency; or

(2)        Has performed undersuch a contract within the past year; or

(3)        Anticipates biddingon such a contract in the future

to make gifts or to give favorsto any officer or employee of a governmental agency who is charged with theduty of:

(1)        Preparing plans,specifications, or estimates for public contract; or

(2)        Awarding oradministering public contracts; or

(3)        Inspecting orsupervising construction.

It shall also be unlawful for anyofficer or employee of a governmental agency who is charged with the duty of:

(1)        Preparing plans,specifications, or estimates for public contracts; or

(2)        Awarding oradministering public contracts; or

(3)        Inspecting orsupervising construction

willfully to receive or acceptany such gift or favor.

(b)        A violation ofsubsection (a) shall be a Class 1 misdemeanor.

(c)        Gifts or favorsmade unlawful by this section shall not be allowed as a deduction for NorthCarolina tax purposes by any contractor, subcontractor or supplier or officersor employees thereof.

(d)        This section is notintended to prevent a gift a public servant would be permitted to accept underG.S. 138A‑32, or the gift and receipt of honorariums for participating inmeetings, advertising items or souvenirs of nominal value, or meals furnishedat banquets. This section is not intended to prevent any contractor,subcontractor, or supplier from making donations to professional organizationsto defray meeting expenses where governmental employees are members of suchprofessional organizations, nor is it intended to prevent governmentalemployees who are members of professional organizations from participation inall scheduled meeting functions available to all members of the professionalorganization attending the meeting. This section is also not intended toprohibit customary gifts or favors between employees or officers and theirfriends and relatives or the friends and relatives of their spouses, minorchildren, or members of their household where it is clear that it is thatrelationship rather than the business of the individual concerned which is themotivating factor for the gift or favor. However, all such gifts knowingly madeor received are required to be reported by the donee to the agency head if thegifts are made by a contractor, subcontractor, or supplier doing businessdirectly or indirectly with the governmental agency employing the recipient ofsuch a gift. (1981,c. 764, s. 1; 1987, c. 399, s. 1; 1993, c. 539, s. 970; 1994, Ex. Sess., c. 24,s. 14(c); 2007‑348, s. 18.)