H.B. 9

1

ETHICS ACT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Jordan Tanner
5 AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; MODIFYING
6 REQUIREMENTS RELATING TO THE OFFER AND ACCEPTANCE OF GIFTS BY
7 CERTAIN PUBLIC OFFICIALS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 67-16-15, Utah Code Annotated 1953
11 REPEALS:
12 36-11-304, as enacted by Chapter 192, Laws of Utah 1995
13 67-16-5, as last amended by Chapter 147, Laws of Utah 1989
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 67-16-15 is enacted to read:
16 67-16-15. Offering gift or loan -- When prohibited.
17 (1) As used in this section:
18 (a) (i) "Direct effect" means an action that benefits a person individually or as part of a
19 clearly distinguishable or identifiable class of persons.
20 (ii) "Direct effect" does not mean an action that will have an effect on the public generally,
21 such as a tax increase or reduction.
22 (b) "Immediate family" means a spouse, a child residing in the household, or an individual
23 claimed as a dependent for tax purposes.
24 (c) "Relative" means a spouse, child, parent, grandparent, grandchild, brother, sister,
25 parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or spouse of
26 any of these individuals.
27 (2) (a) Except as provided in Subsection (b), a person may not offer or give any pecuniary

1 benefit to any public officer, public employee, or legislator or to any member of their immediate
2 family if the public officer, public employee, or legislator was, is, or, within the next two years
3 may be, participating in any governmental action that will have a direct effect on the person.
4 (b) The prohibition contained in Subsection (2)(a) does not apply to:
5 (i) an occasional benefit having a pecuniary value of not more than $50 per individual;
6 (ii) an award, plaque, or commendation publicly presented in recognition of public
7 services having a pecuniary value of not more than $50 per individual;
8 (iii) a contribution, expenditure, or public service assistance as defined by Section
9 20A-11-101;
10 (iv) an event to which all legislators or elected executive branch officials are invited;
11 (v) a ceremonial dinner or other ceremonial event hosted by a government official;
12 (vi) any bona fide loan made in the ordinary course of business; or
13 (vii) gifts to a relative.
14 (3) (a) Except as provided in Subsection (b), a public officer, public employee, or
15 legislator or any member of their immediate family may not knowingly accept or receive any
16 pecuniary benefit from any person if the public officer, public employee, or legislator was, is, or,
17 within the next two years may be, participating in any governmental action that will have a direct
18 effect on the person.
19 (b) The prohibition contained in Subsection (3)(a) does not apply to:
20 (i) an occasional benefit having a pecuniary value of not more than $50 per individual;
21 (ii) an award, plaque, or commendation publicly presented in recognition of public
22 services having a pecuniary value of not more than $50 per individual;
23 (iii) a contribution, expenditure, or public service assistance as defined by Section
24 20A-11-101;
25 (iv) an event to which all legislators or elected executive branch officials are invited;
26 (v) a ceremonial dinner or other ceremonial event hosted by a government official;
27 (vi) any bona fide loan made in the ordinary course of business; or
28 (vii) gifts h [ to ] FROM h a relative.
29 Section 2. Repealer.
30 This act repeals:
31 Section 36-11-304, Offering gift or loan -- When prohibited.

lilac-February 6, 1997

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1 Section 67-16-5, Accepting gift, compensation, or loan -- When prohibited.




Legislative Review Note
as of 11-15-96 2:23 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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