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S.B. 246

             1     

GOVERNMENT LAW CHANGES

             2     
2007 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Sheldon L. Killpack

             5     
House Sponsor: ____________

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions in the Lobbyist Disclosure and Regulation Act, the Utah
             10      Public Officers' and Employees' Ethics Act, and the campaign finance requirements of
             11      the Election Code.
             12      Highlighted Provisions:
             13          This bill:
             14          .    requires that officeholders file annual campaign finance summary reports;
             15          .    provides and modifies definitions;
             16          .    removes reporting exemptions from certain travel, lodging, and meal expense
             17      reimbursements;
             18          .    clarifies disclosure requirements for public officials, elected officials of local
             19      governments, and certain state employees under the Lobbyist Disclosure and
             20      Regulation Act;
             21          .    requires that financial expenditure reports be filed on a quarterly schedule;
             22          .    requires that lobbyists file quarterly expense reports even when no expenses have
             23      been made;
             24          .    requires that lobbyists and principals be subject to reporting requirements until they
             25      cease lobbying;
             26          .    requires that certain details be reported on gifts of tangible property valued at over
             27      $5;


             28          .    establishes conflict of interest standards for lobbyists;
             29          .    modifies a provision in the Public Officers' and Employees' Ethics Act; and
             30          .    makes technical changes.
             31      Monies Appropriated in this Bill:
             32          None
             33      Other Special Clauses:
             34          This bill coordinates with H.B. 62, Lobbyist Disclosure Technical Amendments, by
             35      providing superseding amendments.
             36      Utah Code Sections Affected:
             37      AMENDS:
             38          20A-11-401, as last amended by Chapter 355, Laws of Utah 1997
             39          36-11-102, as last amended by Chapter 13, Laws of Utah 1998
             40          36-11-201, as last amended by Chapter 27, Laws of Utah 2003
             41          67-16-5, as last amended by Chapter 25, Laws of Utah 2005
             42      ENACTS:
             43          36-11-306, Utah Code Annotated 1953
             44     
             45      Be it enacted by the Legislature of the state of Utah:
             46          Section 1. Section 20A-11-401 is amended to read:
             47           20A-11-401. Officeholder financial reporting requirements -- Year-end summary
             48      report.
             49          (1) (a) Each officeholder shall file a summary report by January 5 of [the year after the
             50      regular general election] each year.
             51          (b) An officeholder that is required to file a summary report both as an officeholder and
             52      as a candidate for office under the requirements of this chapter may file a single summary
             53      report as a candidate and an officeholder, provided that the combined report meets the
             54      requirements of:
             55          (i) this section; and
             56          (ii) the section that provides the requirements for the summary report that must be filed
             57      by the officeholder in the officeholder's capacity of a candidate for office.
             58          (2) (a) Each summary report shall include the following information as of December 31


             59      of the last [regular general election] year:
             60          (i) the net balance of the last summary report, if any;
             61          (ii) a single figure equal to the total amount of receipts received since the last summary
             62      report, if any;
             63          (iii) a single figure equal to the total amount of expenditures made since the last
             64      summary report, if any;
             65          [(ii)] (iv) a detailed listing of each contribution and public service assistance received
             66      since the last summary report;
             67          [(iii)] (v) for each nonmonetary contribution, the fair market value of the contribution;
             68          [(iv)] (vi) a detailed listing of each expenditure made since the last summary report;
             69          [(v)] (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
             70      and
             71          [(vi)] (viii) a net balance for the year consisting of the net balance from the last
             72      summary report plus all receipts minus all expenditures.
             73          (b) (i) For all individual contributions or public service assistance of $50 or less, a
             74      single aggregate figure may be reported without separate detailed listings.
             75          (ii) Two or more contributions from the same source that have an aggregate total of
             76      more than $50 may not be reported in the aggregate, but shall be reported separately.
             77          (c) In preparing the report, all receipts and expenditures shall be reported as of
             78      December 31 of the last [regular general election] calendar year.
             79          (3) The summary report shall contain a paragraph signed by the officeholder certifying
             80      that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
             81      reported as of December 31 of the last [regular general election] calendar year and that there
             82      are no bills or obligations outstanding and unpaid except as set forth in that report.
             83          Section 2. Section 36-11-102 is amended to read:
             84           36-11-102. Definitions.
             85          As used in this chapter:
             86          (1) "Aggregate daily expenditures" means the total expenditures made within a 24-hour
             87      period.
             88          (2) "Executive action" means:
             89          (a) nominations and appointments by the governor;


             90          (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of any
             91      rule made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act; and
             92          (c) agency ratemaking proceedings.
             93          (3) (a) "Expenditure" means any of the items listed in this Subsection when given to or
             94      for the benefit of a public official or [his] the public official's immediate family:
             95          (i) a purchase, payment, distribution, loan, gift, advance, deposit, subscription,
             96      forbearance, services, or goods, unless consideration of equal or greater value is received; and
             97          (ii) a contract, promise, or agreement, whether or not legally enforceable, to provide
             98      any of the items listed in Subsection (3)(a)(i).
             99          (b) "Expenditure" does not mean:
             100          (i) a commercially reasonable loan made in the ordinary course of business;
             101          (ii) a campaign contribution reported in accordance with Title 20A, Chapter 11,
             102      [Corrupt Practices in Elections] Campaign and Financial Reporting Requirements;
             103          (iii) printed informational material that is related to the performance of the recipient's
             104      official duties;
             105          (iv) a devise or inheritance;
             106          (v) any item listed in Subsection (3)(a) if given by a relative;
             107          (vi) a modest item of food or refreshment such as a beverage or pastry offered other
             108      than as part of a meal, the value of which does not exceed $5;
             109          (vii) a greeting card or other item of little intrinsic value that is intended solely for
             110      presentation; or
             111          (viii) plaques, commendations, or awards[; or] presented in public and having a cash
             112      value not exceeding $50.
             113          [(ix) reimbursement of reasonable expenses for or providing travel, lodging, or meals
             114      to a public official when:]
             115          [(A) those expenses are directly related to the public official's attendance and
             116      participation in a regularly scheduled meeting of an organization, association, or group; and]
             117          [(B) that organization, association, or group pays or provides those expenses.]
             118          (4) (a) "Government officer" means:
             119          (i) an individual elected to a position in state or local government, when acting within
             120      his official capacity; or


             121          (ii) an individual appointed to or employed in a full-time position by state or local
             122      government, when acting within the scope of his employment.
             123          (b) "Government officer" does not mean a member of the legislative branch of state
             124      government.
             125          (5) "Immediate family" means a spouse, a child residing in the household, or an
             126      individual claimed as a dependent for tax purposes.
             127          (6) "Interested person" means an individual defined in Subsections (9)(b)(ii) and
             128      [(viii)] (vii).
             129          (7) "Legislative action" means:
             130          (a) bills, resolutions, amendments, nominations, and other matters pending or proposed
             131      in either house of the Legislature or its committees or requested by a legislator; and
             132          (b) the action of the governor in approving or vetoing legislation.
             133          (8) "Lobbying" means communicating with a public official for the purpose of
             134      influencing the passage, defeat, amendment, or postponement of legislative or executive action.
             135          (9) (a) "Lobbyist" means:
             136          (i) an individual who is employed by a principal; or
             137          (ii) an individual who contracts for economic consideration, other than reimbursement
             138      for reasonable travel expenses, with a principal to lobby a public official.
             139          (b) "Lobbyist" does not include:
             140          [(i) a public official while acting in his official capacity on matters pertaining to his
             141      office or a state employee while acting within the scope of his employment;]
             142          (i) a member or employee of the legislative branch of government;
             143          (ii) any person appearing at, or providing written comments to, a hearing conducted in
             144      accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act or Title 63,
             145      Chapter 46b, Administrative Procedures Act;
             146          (iii) any person participating on or appearing before an advisory or study task force,
             147      commission, board, or committee, constituted by the Legislature or any agency or department
             148      of state government, except legislative standing, appropriation, or interim committees;
             149          (iv) a representative of a political party;
             150          (v) an individual representing a bona fide church solely for the purpose of protecting
             151      the right to practice the religious doctrines of the church unless the individual or church makes


             152      an expenditure that confers a benefit on a public official;
             153          (vi) a newspaper, television station or network, radio station or network, periodical of
             154      general circulation, or book publisher for the purpose of publishing news items, editorials,
             155      other comments, or paid advertisements that directly or indirectly urge legislative or executive
             156      action; or
             157          [(vii) an elected official of a local government while acting within the scope of his
             158      official capacity on matters pertaining to his office or an employee of a local government while
             159      acting within the scope of his employment; or]
             160          [(viii)] (vii) an individual who appears on his own behalf before a committee of the
             161      Legislature or an executive branch agency solely for the purpose of testifying in support of or
             162      in opposition to legislative or executive action.
             163          (10) "Person" includes individuals, bodies politic and corporate, partnerships,
             164      associations, and companies.
             165          (11) "Principal" means a person who employs [a lobbyist] an individual to perform
             166      lobbying either as an employee or as an independent contractor.
             167          (12) "Public official" means:
             168          (a) a member of the Legislature;
             169          (b) an individual elected to a position in the executive branch; or
             170          (c) an individual appointed to or employed in the executive or legislative branch if that
             171      individual:
             172          (i) occupies a policymaking position or makes purchasing or contracting decisions;
             173          (ii) drafts legislation or makes rules;
             174          (iii) determines rates or fees; or
             175          (iv) makes adjudicative decisions.
             176          (13) "Quarterly reporting period" means the three-month period covered by each
             177      financial report required under Subsection 36-11-201 (2)(a)(i).
             178          [(13)] (14) "Related person" means any person, or agent or employee of a person, who
             179      knowingly and intentionally assists a lobbyist, principal, or government officer in lobbying.
             180          [(14)] (15) "Relative" means a spouse, child, parent, grandparent, grandchild, brother,
             181      sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or
             182      spouse of any of these individuals.


             183          (16) (a) "Tangible personal property" means an item having a description that is
             184      consistent with the meaning of tangible personal property found in the Utah Constitution
             185      Article XIII.
             186          (b) "Tangible personal property" does not include the admission price for events,
             187      meals, recreation, outings, or functions.
             188          Section 3. Section 36-11-201 is amended to read:
             189           36-11-201. Lobbyist, principal, and government officer financial reporting
             190      requirements -- Prohibition for related person to make expenditures.
             191          (1) As used in this section, "public official type" means a notation to identify whether
             192      the public official is:
             193          (a) a member of the Legislature;
             194          (b) an individual elected to a position in the executive branch;
             195          (c) an individual appointed to or employed in a position in the legislative branch who
             196      meets the definition of public official in Section 36-11-102 ; or
             197          (d) an individual appointed to or employed in a position in the executive branch who
             198      meets the definition of public official in Section 36-11-102 .
             199          (2) (a) (i) Each lobbyist, principal, and government officer that makes an expenditure,
             200      as defined by Section 36-11-102 , during any of the following quarterly reporting periods shall
             201      file [an annual] a quarterly financial report with the lieutenant governor on [January 10 of each
             202      year or] the following dates:
             203          (A) April 10, for the period of January 1 through March 31;
             204          (B) July 10, for the period of April 1 through June 30;
             205          (C) October 10, for the period of July 1 through September 30; and
             206          (D) January 10, for the period of October 1 through December 31 of the previous year.
             207          (ii) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
             208      the report shall be considered to be due on the next succeeding business day [if January 10 falls
             209      on a Saturday, Sunday, or legal holiday].
             210          (iii) The report shall be considered timely filed if postmarked on its due date.
             211          [(ii)] (iv) The report shall disclose expenditures made to benefit public officials or
             212      members of their immediate families as provided in this section.
             213          [(iii) If] (v) (A) Notwithstanding Subsection (2)(a)(i), a lobbyist shall file a quarterly


             214      financial report whether or not the lobbyist has made [no expenditures since the last
             215      expenditure reported on the last report filed,] an expenditure during the quarterly reporting
             216      period.
             217          (B) If the lobbyist has made no expenditures during the quarterly reporting period, the
             218      lobbyist shall file a quarterly financial report listing the amount of expenditures as "none."
             219          (C) The report shall be filed in accordance with the dates specified under Subsections
             220      (2)(a)(i) and (ii).
             221          (b) The [January 10] quarterly financial report shall contain:
             222          (i) (A) the total amount of expenditures made to benefit public officials during the last
             223      [calendar year] quarterly reporting period; and
             224          (B) the total amount of expenditures made to benefit public officials by public official
             225      type during the last [calendar year] quarterly reporting period;
             226          (ii) (A) the total travel expenditures that the lobbyist, principal, or government officer
             227      made to benefit public officials and their immediate families during the [last calendar year;
             228      and] quarterly reporting period;
             229          (B) the total travel expenditures that the lobbyist, principal, or government officer
             230      made to benefit public officials and their immediate families, by public official type, during the
             231      last [calendar year] quarterly reporting period; and
             232          (C) a travel expenditure statement for the last quarterly reporting period that:
             233          (I) describes the destination of each trip and its purpose;
             234          (II) identifies the total amount of expenditures made to benefit each public official and
             235      members of the public official's immediate family for each trip;
             236          (III) names all individuals that took each trip;
             237          (IV) identifies the public official type to which each public official belongs;
             238          (V) provides the name and address of the organization that sponsored each trip; and
             239          (VI) identifies specific expenditures for food, lodging, gifts, and sidetrips;
             240          (iii) except as specified under Subsection (2)(b)(iv) regarding an expenditure that
             241      consists of tangible personal property, for each aggregate daily [expenditures] expenditure
             242      made during the quarterly reporting period to benefit a public [officials or members of their]
             243      official or a member of the public official's immediate [families] family that [are] is not
             244      otherwise reportable under Subsection (2)(b)(ii):


             245          (A) when the amount does not exceed $50 per person:
             246          (I) the date of the expenditure;
             247          (II) the purpose of the expenditure;
             248          (III) the public official type to which each public official belongs; and
             249          (IV) the total monetary worth of the benefit conferred on the public officials or
             250      members of their immediate families; and
             251          (B) when the amount exceeds $50 per person:
             252          (I) the date, location, and purpose of the event, activity, or expenditure;
             253          (II) the name of the public official or member of the public official's immediate family
             254      who attended the event or activity or received the benefit of the expenditure;
             255          (III) the public official type to which each public official belongs; and
             256          (IV) the total monetary worth of the benefit conferred on the public official or member
             257      of the public official's immediate family by the lobbyist, principal, or government officer filing
             258      the financial report;
             259          (iv) for each aggregate daily expenditure that consists of tangible personal property and
             260      that is made during the quarterly reporting period to benefit a public official or a member of a
             261      public official's immediate family:
             262          (A) when the amount or value exceeds $5 per person, but does not exceed $50 per
             263      person:
             264          (I) the date, location, and purpose of the expenditure;
             265          (II) the name of the public official or member of the public official's immediate family
             266      who received the benefit of the expenditure;
             267          (III) the public official type to which each public official belongs; and
             268          (IV) the total monetary worth of the benefit conferred on the public official or member
             269      of the public official's immediate family; and
             270          (B) when the amount or value exceeds $50 per person:
             271          (I) the information required by Subsection (2)(b)(iv)(A); and
             272          (II) a statement explaining why the expenditure does not violate the restrictions of
             273      Section 36-11-304 ;
             274          [(iv)] (v) a list of each public official who was employed by the lobbyist, principal, or
             275      government officer or who performed work as an independent contractor for the lobbyist,


             276      principal, or government officer during the last year that details the nature of the employment
             277      or contract;
             278          [(v)] (vi) each bill or resolution by number and short title on behalf of which the
             279      lobbyist, principal, or government officer made an expenditure to a public official for which a
             280      report is required by this section, if any;
             281          [(vi)] (vii) a description of each executive action on behalf of which the lobbyist,
             282      principal, or government officer made an expenditure to a public official for which a report is
             283      required by this section, if any; and
             284          [(vii)] (viii) the general purposes, interests, and nature of the organization or
             285      organizations that the lobbyist, principal, or government officer filing the report represents.
             286          (c) In reporting expenditures under this section for events to which all legislators are
             287      invited, each lobbyist, principal, and government officer:
             288          (i) may not divide the cost of the event by the number of legislators who actually attend
             289      the event and report that cost as an expenditure made to those legislators;
             290          (ii) shall divide the total cost by the total number of Utah legislators and others invited
             291      to the event and report that quotient as the amount expended for each legislator who actually
             292      attended the event; and
             293          (iii) may not report any expenditure as made to a legislator who did not attend the
             294      event.
             295          (3) (a) As used in this Subsection (3):
             296          (i) "Lobbyist group" means two or more lobbyists, principals, government officers,
             297      [and] or any combination of lobbyists, principals, and government officers who each contribute
             298      a portion of an expenditure made to benefit a public official or member of his immediate
             299      family.
             300          (ii) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
             301      who represents two or more clients and divides the aggregate daily expenditure made to benefit
             302      a public official or member of his immediate family between two or more of those clients.
             303          (b) When a lobbyist group combines to make aggregate daily expenditures to benefit
             304      public officials or members of their immediate families, and the total aggregate daily
             305      expenditure of the lobbyist group exceeds $50 per person, each member of the lobbyist group
             306      shall disclose on the reports required by this section:


             307          (i) the date, location, and purpose of the event, activity, or expenditure;
             308          (ii) the name of the public official or member of the public official's immediate family
             309      who attended the event or activity or received the benefit of the expenditure;
             310          (iii) the public official type to which each public official belongs;
             311          (iv) the total monetary worth of the benefit conferred on the public official or member
             312      of the public official's immediate family by the lobbyist group [and];
             313          (v) the total monetary worth of the benefit conferred upon the public official or
             314      member of the public official's immediate family by the lobbyist, principal, or government
             315      officer filing the financial report;
             316          [(v)] (vi) each bill or resolution by number and short title on behalf of which the
             317      lobbyist, principal, or government officer made an expenditure to a public official for which a
             318      report is required by this section, if any;
             319          [(vi)] (vii) a description of each executive action on behalf of which the lobbyist,
             320      principal, or government officer made an expenditure to a public official for which a report is
             321      required by this section, if any; and
             322          [(vii)] (viii) the general purposes, interests, and nature of the organization or
             323      organizations that the lobbyist, principal, or government officer filing the report represents.
             324          (c) When a multiclient lobbyist makes aggregate daily expenditures to benefit public
             325      officials or members of their immediate families, and the sum of the total aggregate daily
             326      expenditure for all of the lobbyist's clients exceeds $50 for a public official or family member,
             327      the multiclient lobbyist shall, for each client, disclose on the reports required by this section:
             328          (i) the date, location, and purpose of the event, activity, or expenditure;
             329          (ii) the name of the public official or member of the public official's immediate family
             330      who attended the event or activity or received the benefit of the expenditure;
             331          (iii) the public official type to which each public official belongs;
             332          (iv) the total monetary worth of the benefit conferred on the public official or member
             333      of the public official's immediate family by all clients [and];
             334          (v) the total monetary worth of the benefit conferred on the public official or member
             335      of the public official's immediate family by the client upon whose behalf the report is filed;
             336          [(v)] (vi) each bill or resolution by number and short title on behalf of which the
             337      lobbyist, principal, or government officer made an expenditure to a public official for which a


             338      report is required by this section, if any;
             339          [(vi)] (vii) a description of each executive action on behalf of which the lobbyist,
             340      principal, or government officer made an expenditure to a public official for which a report is
             341      required by this section, if any; and
             342          [(vii)] (viii) the general purposes, interests, and nature of the organization or
             343      organizations that the lobbyist, principal, or government officer filing the report represents.
             344          (4) A related person may not, while assisting a lobbyist, principal, or government
             345      officer in lobbying, make an expenditure that benefits a public official or member of the public
             346      official's immediate family under circumstances which would otherwise fall within the
             347      disclosure requirements of this chapter if the expenditure was made by the lobbyist, principal,
             348      or government officer.
             349          [(5) (a) Each lobbyist, principal, and government officer who makes expenditures
             350      totaling $50 or more to benefit public officials or members of their immediate families since
             351      the date of the last financial report filed shall file a financial report with the lieutenant governor
             352      on:]
             353          [(i) the date ten days after the last day of each annual general session;]
             354          [(ii) the date seven days before a regular general election; and]
             355          [(iii) the date seven days after the end of a special session or veto override session.]
             356          [(b) (i) If any date specified in this Subsection (5) falls on a Saturday, Sunday, or legal
             357      holiday, the report is due on the next business day or on the next succeeding business day, if
             358      the due date falls on a Saturday, Sunday, or legal holiday.]
             359          [(ii) The report shall be considered timely filed if it is postmarked on its due date.]
             360          [(c) Each report shall contain a listing of all expenditures made since the last
             361      expenditure reported on the last report filed in the form specified in Subsection (2)(b) and,
             362      when applicable, Subsection (3).]
             363          [(d) In preparing each financial report, all expenditures shall be reported as of five days
             364      before the required filing date of the report.]
             365          [(6)] (5) Each quarterly financial report filed by a lobbyist shall contain a certification
             366      that the information provided in the report is true, accurate, and complete to the lobbyist's best
             367      knowledge and belief.
             368          [(7)] (6) The lieutenant governor shall:


             369          (a) develop preprinted suggested forms for all statements required by this section; and
             370          (b) make copies of the forms available to each person who requests them.
             371          [(8)] (7) (a) Each lobbyist and each principal shall continue to file the quarterly
             372      financial reports required by this section [until the lobbyist or principal has filed the report due
             373      on the first January 10 that is more than 12 months after the date that the lobbyist surrenders,]
             374      until the lobbyist or principal files a statement with the lieutenant governor that:
             375          (i) states:
             376          (A) for a lobbyist, that the lobbyist has ceased lobbying activities; or
             377          (B) for a principal, that the principal no longer employs an individual as a lobbyist;
             378          (ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
             379      license;
             380          (iii) contains a listing, as required by this section, of all previously unreported
             381      expenditures that have been made through the date of the statement; and
             382          (iv) states that the lobbyist or principal will not make any additional expense that is not
             383      disclosed on the statement unless the lobbyist or principal complies with the disclosure and
             384      licensing requirements of this chapter.
             385          (b) A lobbyist that fails to renew[,] the lobbyist's license or otherwise ceases to be
             386      licensed[.] shall be required to file quarterly reports until the lobbyist files the statement
             387      required by Subsection (7)(a).
             388          Section 4. Section 36-11-306 is enacted to read:
             389          36-11-306. Conflicts of interest.
             390          (1) As used in this section, "conflict of interest" means a circumstance where:
             391          (a) the representation of one principal or client will be directly adverse to another
             392      principal or client; or
             393          (b) there is a significant risk that the representation of one or more principals or clients
             394      will be materially limited by the lobbyist's responsibilities to:
             395          (i) another principal or client;
             396          (ii) a former principal or client;
             397          (iii) a third person; or
             398          (iv) a personal interest of the lobbyist.
             399          (2) Except as provided in Subsection (3), a lobbyist may not represent a principal or


             400      client if the representation involves a conflict of interest.
             401          (3) Notwithstanding the existence of a conflict of interest, a lobbyist may represent a
             402      principal or client if:
             403          (a) the lobbyist reasonably believes that the lobbyist will be able to provide competent
             404      and diligent representation to each principal or client;
             405          (b) the representation is not otherwise prohibited by law;
             406          (c) the representation does not require the lobbyist to assert a position on behalf of one
             407      principal or client that is opposed to the position of another principal or client represented by
             408      the lobbyist involving the same legislative issue; and
             409          (d) each affected principal or client gives informed consent to the conflict of interest in
             410      writing.
             411          Section 5. Section 67-16-5 is amended to read:
             412           67-16-5. Accepting gift, compensation, or loan -- When prohibited.
             413          (1) As used in this section, "economic benefit tantamount to a gift" includes:
             414          (a) a loan at an interest rate that is substantially lower than the commercial rate then
             415      currently prevalent for similar loans; and
             416          (b) compensation received for private services rendered at a rate substantially
             417      exceeding the fair market value of the services.
             418          (2) It is an offense for a public officer[,] or public employee, [or legislator,] under
             419      circumstances not amounting to a violation of Section 63-56-1001 or 76-8-105 , to knowingly
             420      receive, accept, take, seek, or solicit, directly or indirectly for himself or another a gift of
             421      substantial value or a substantial economic benefit tantamount to a gift:
             422          (a) that would tend improperly to influence a reasonable person in the person's position
             423      to depart from the faithful and impartial discharge of the person's public duties;
             424          (b) that the person knows or that a reasonable person in that position should know
             425      under the circumstances is primarily for the purpose of rewarding the person for official action
             426      taken; or
             427          (c) if he recently has been, is now, or in the near future may be involved in any
             428      governmental action directly affecting the donor or lender, unless a disclosure of the gift,
             429      compensation, or loan and other relevant information has been made in the manner provided in
             430      Section 67-16-6 .


             431          (3) Subsection (2) does not apply to:
             432          (a) an occasional nonpecuniary gift, having a value of not in excess of $50;
             433          (b) an award publicly presented in recognition of public services;
             434          (c) any bona fide loan made in the ordinary course of business; or
             435          (d) a political campaign contribution.
             436          Section 6. Coordinating S.B. 246 with H.B. 62 -- Superseding amendments.
             437          If this S.B. 246 and H.B. 62, Lobbyist Disclosure Technical Amendments, both pass, it
             438      is the intent of the Legislature that the amendments to Section 36-11-201 in this bill supersede
             439      the amendments to Section 36-11-201 in H.B. 62 when the Office of Legislative Research and
             440      General Counsel prepares the Utah Code database for publication.




Legislative Review Note
    as of 2-21-07 12:28 PM


Office of Legislative Research and General Counsel


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