H.B. 103

1

ETHIC LAW AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Martin R. Stephens
5 AN ACT RELATING TO ETHICS; CLARIFYING DISTINCTIONS BETWEEN CERTAIN
6 BRIBERY CRIMES AND OTHER ETHICAL VIOLATIONS; MODIFYING THE
7 ELEMENTS AND PENALTIES OF CERTAIN BRIBERY CRIMES; AND MAKING
8 TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-3-1304, as last amended by Chapter 188, Laws of Utah 1997
12 10-3-1305, as last amended by Chapter 77, Laws of Utah 1992
13 17-16a-4, as enacted by Chapter 46, Laws of Utah 1983
14 17-33-13, as enacted by Chapter 81, Laws of Utah 1981
15 67-16-4, as last amended by Chapter 188, Laws of Utah 1997
16 67-16-5, as last amended by Chapter 188, Laws of Utah 1997
17 67-16-6, as last amended by Chapter 147, Laws of Utah 1989
18 67-16-11, as last amended by Chapter 147, Laws of Utah 1989
19 76-8-103, as last amended by Chapter 42, Laws of Utah 1993
20 REPEALS AND REENACTS:
21 76-8-105, as last amended by Chapter 241, Laws of Utah 1991
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 10-3-1304 is amended to read:
24 10-3-1304. Use of office for personal benefit prohibited.
25 (1) As used in this section, "economic benefit tantamount to a gift" includes:
26 (a) a loan at an interest rate that is substantially lower than the commercial rate then
27 currently prevalent for similar loans; and

1 (b) compensation received for private services rendered at a rate substantially exceeding
2 the fair market value of the services.
3 (2) [An] It is an offense for an elected or appointed officer or municipal employee [may
4 not], under circumstances not amounting to a violation of Section 63-56-72 or 76-8-105, to:
5 (a) disclose or improperly use private, controlled, or protected information acquired by
6 reason of his official position or in the course of official duties in order to further substantially the
7 officer's or employee's personal economic interest or to secure special privileges or exemptions
8 for himself or others;
9 (b) use or attempt to use his official position to:
10 (i) further substantially the officer's or employee's personal economic interest; or
11 (ii) secure special privileges for himself or others; or
12 (c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for himself or
13 another a gift of substantial value or a substantial economic benefit tantamount to a gift that:
14 (i) would tend improperly to influence a reasonable person in the person's position to
15 depart from the faithful and impartial discharge of the person's public duties; or
16 (ii) the person knows or that a reasonable person in that position should know under the
17 circumstances is primarily for the purpose of rewarding the person for official action taken.
18 (3) Subsection (2)(c) does not apply to:
19 (a) an occasional nonpecuniary gift having a value of less than $50;
20 (b) an award publicly presented in recognition of public services;
21 (c) any bona fide loan made in the ordinary course of business; or
22 (d) a political campaign contribution.
23 Section 2. Section 10-3-1305 is amended to read:
24 10-3-1305. Compensation for assistance in transaction involving municipality --
25 Public disclosure and filing required.
26 (1) As used in this section, "municipal body" means any public board, commission,
27 committee, or other public group organized to make public policy decisions or to advise persons
28 who make public policy decisions.
29 (2) [An] It is an offense for an elected officer, or appointed officer, who is a member of
30 a public body, [may not] under circumstances not amounting to a violation of Section 63-56-72
31 or 76-8-105, to receive or agree to receive compensation for assisting any person or business entity

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1 in any transaction involving the municipality in which he is an officer unless he:
2 (a) files with the mayor a sworn statement giving the information required by this section;
3 and
4 (b) discloses the information required by Subsection (5) in an open meeting to the
5 members of the body of which he is a member immediately before the discussion.
6 (3) [An] It is an offense for an appointed officer who is not a member of a public body or
7 a municipal employee [may not] to receive or agree to receive compensation for assisting any
8 person or business entity in any transaction involving the municipality by which he is employed
9 unless [he] the officer or employee:
10 (a) files with the mayor a sworn statement giving the information required by this section;
11 and
12 (b) discloses the information required by Subsection (5) to:
13 (i) his immediate supervisor; and
14 (ii) any other municipal officer or employee who may rely upon the employee's
15 representations in evaluating or approving the transaction.
16 (4) (a) The officer or employee shall file the statement required to be filed by this section
17 ten days before the date of any agreement between the elected or appointed officer or municipal
18 employee and the person or business entity being assisted or ten days before the receipt of
19 compensation by the officer or employee, whichever is earlier.
20 (b) The statement is public information and shall be available for examination by the
21 public.
22 (5) The statement and disclosure shall contain:
23 (a) the name and address of the officer or municipal employee;
24 (b) the name and address of the person or business entity being or to be assisted or in
25 which the appointed or elected official or municipal employee has a substantial interest; and
26 (c) a brief description of the transaction as to which service is rendered or is to be rendered
27 and of the nature of the service performed or to be performed.
28 Section 3. Section 17-16a-4 is amended to read:
29 17-16a-4. Prohibited use of official position.
30 [No] (1) It is an offense for an elected or appointed officer [shall], under circumstances
31 not amounting to a violation of Section 63-56-72 or 76-8-105, to:

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1 [(1)] (a) disclose confidential information acquired by reason of his official position or use
2 [such] that information to secure special privileges or exemptions for himself or others;
3 [(2)] (b) use or attempt to use his official position to secure special privileges for himself
4 or others; or
5 [(3)] (c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or
6 loan for himself or another if the gift or loan tends to influence him in the discharge of his official
7 duties.
8 (2) This [subsection] section is inapplicable to:
9 (a) an occasional nonpecuniary gift having a value of less than $50; [or]
10 (b) an award publicly presented; [or]
11 (c) any bona fide loan made in the ordinary course of business; or
12 (d) political campaign contributions actually used in a political campaign.
13 Section 4. Section 17-33-13 is amended to read:
14 17-33-13. Prohibited actions.
15 (1) [No] It is an offense for a person [may] to make any false statement, certificate, mark,
16 rating, or report with regard to any test, certification, or appointment made under any provision
17 of this law or in any manner commit or attempt to commit any fraud preventing the impartial
18 execution of this chapter.
19 (2) [No] It is an offense for a person [may], under circumstances not amounting to a
20 violation of Section 76-8-103 or 76-8-105, to directly or indirectly, give, render, pay, offer, solicit,
21 or accept any money, service, or other valuable consideration for any appointment, proposed
22 appointment, promotion, or proposed promotion to, or for any advantage in, a position in the career
23 service.
24 (3) [No] It is an offense for any employee of the personnel department, examiner, or other
25 person [may] to:
26 (a) defeat, deceive, or obstruct any person in his or her right to examination, eligibility,
27 certification, or appointment under this chapter[,]; or
28 (b) furnish to any person any special or secret information for the purpose of affecting the
29 rights or prospects of any person with respect to employment in the career service.
30 Section 5. Section 67-16-4 is amended to read:
31 67-16-4. Improperly disclosing or using private, controlled, or protected information

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1 -- Using position to secure privileges or exemptions -- Accepting employment which would
2 impair independence of judgment or ethical performance.
3 [A] It is an offense for a public officer, public employee, or legislator [may not], under
4 circumstances not amounting to a violation of Section 63-56-72 or 76-8-105, to:
5 (1) accept employment or engage in any business or professional activity that he might
6 reasonably expect would require or induce him to improperly disclose controlled information that
7 he has gained by reason of his official position;
8 (2) disclose or improperly use controlled, private, or protected information acquired by
9 reason of his official position or in the course of official duties in order to further substantially the
10 officer's or employee's personal economic interest or to secure special privileges or exemptions
11 for himself or others;
12 (3) use or attempt to use his official position to:
13 (a) further substantially the officer's or employee's personal economic interest; or
14 (b) secure special privileges or exemptions for himself or others;
15 (4) accept other employment that he might expect would impair his independence of
16 judgment in the performance of his public duties; or
17 (5) accept other employment that he might expect would interfere with the ethical
18 performance of his public duties.
19 Section 6. Section 67-16-5 is amended to read:
20 67-16-5. Accepting gift, compensation, or loan -- When prohibited.
21 (1) As used in this section, "economic benefit tantamount to a gift" includes:
22 (a) a loan at an interest rate that is substantially lower than the commercial rate then
23 currently prevalent for similar loans; and
24 (b) compensation received for private services rendered at a rate substantially exceeding
25 the fair market value of the services.
26 (2) [A] It is an offense for a public officer, public employee, or legislator [may not], under
27 circumstances not amounting to a violation of Section 63-56-72 or 76-8-105, to knowingly receive,
28 accept, take, seek, or solicit, directly or indirectly for himself or another a gift of substantial value
29 or a substantial economic benefit tantamount to a gift:
30 (a) that would tend improperly to influence a reasonable person in the person's position
31 to depart from the faithful and impartial discharge of the person's public duties;

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1 (b) that the person knows or that a reasonable person in that position should know under
2 the circumstances is primarily for the purpose of rewarding the person for official action taken; or
3 (c) he recently has been, or is now, or in the near future may be involved in any
4 governmental action directly affecting the donor or lender, unless a disclosure of the gift,
5 compensation, or loan and other relevant information has been made in the manner provided in
6 Section 67-16-6.
7 (3) Subsection (1) does not apply to [the following]:
8 (a) an occasional nonpecuniary gift, having a value of not in excess of $50;
9 (b) an award publicly presented in recognition of public services;
10 (c) any bona fide loan made in the ordinary course of business; or
11 (d) a political campaign contribution.
12 Section 7. Section 67-16-6 is amended to read:
13 67-16-6. Receiving compensation for assistance in transaction involving an agency
14 -- Filing sworn statement.
15 (1) [No] It is an offense for a public officer or public employee [shall], under
16 circumstances not amounting to a violation of Section 63-56-72 or 76-8-105, to receive or agree
17 to receive compensation for assisting any person or business entity in any transaction involving
18 an agency unless the public officer or public employee files [with] a sworn, written statement
19 containing the information required by Subsection (2) with:
20 (a) the head of his own agency[,];
21 (b) the agency head of the agency with which the transaction is being conducted[,]; and
22 (c) the state attorney general [a sworn written statement giving the following
23 information:].
24 (2) The statement shall contain:
25 (a) the name and address of the public officer or public employee involved;
26 (b) the name of the public officer's or public employee's agency;
27 (c) the name and address of the person or business entity being or to be [so] assisted; and
28 (d) a brief description of:
29 (i) the transaction as to which service is rendered or is to be rendered; and [of]
30 (ii) the nature of the service performed or to be performed.
31 [(2)] (3) The statement required to be filed under Subsection (1) shall be filed within ten

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1 days after the date of any agreement between the public officer or public employee and the person
2 or business entity being assisted or the receipt of compensation, whichever is earlier.
3 (4) The statement is public information and shall be available for examination by the
4 public.
5 Section 8. Section 67-16-11 is amended to read:
6 67-16-11. Applicability of provisions.
7 The provisions of this chapter apply to all public officers and public employees [and
8 supersede the provisions of any such other law, charter, or ordinance].
9 Section 9. Section 76-8-103 is amended to read:
10 76-8-103. Bribery or offering a bribe.
11 (1) A person is guilty of [a felony of the third degree if: (a) he] bribery or offering a bribe
12 if that person promises, offers, or agrees to give or gives, directly or indirectly, any [pecuniary]
13 benefit to another with the purpose [of influencing the other's] or intent to influence an action,
14 decision, opinion, recommendation, judgment, vote, nomination, or [other] exercise of discretion
15 [as] of a public servant, party official, or voter[; or].
16 [(b) as a public servant, juror, party official, candidate for electoral office, or voter, he
17 solicits, accepts, or agrees to accept any pecuniary benefit from another, knowing the other's
18 purpose to be as described in Subsection (1)(a).]
19 [(2) It is not a violation of this section to give a pecuniary benefit to a public servant if that
20 benefit is reasonably related to an exchange of information on an issue within the responsibility
21 of the public servant.]
22 (2) It is not a defense to a prosecution under this statute that:
23 (a) the person sought to be influenced was not qualified to act in the desired way, whether
24 because the person had not assumed office, lacked jurisdiction, or for any other reason;
25 (b) the person sought to be influenced did not act in the desired way; or
26 (c) the benefit is not conferred, solicited, or accepted until after:
27 (i) the action, decision, opinion, recommendation, judgment, vote, nomination, or exercise
28 of discretion, has occurred; or
29 (ii) the public servant ceases to be a public servant.
30 (3) Bribery or offering a bribe is:
31 (a) a third degree felony when the value of the benefit asked for, solicited, accepted, or

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1 conferred is less than $1,000; and
2 (b) a second degree felony when the value of the benefit asked for, solicited, accepted, or
3 conferred is $1,000 or more.
4 Section 10. Section 76-8-105 is repealed and reenacted to read:
5 76-8-105. Receiving or soliciting bribe or bribery by public servant.
6 (1) A person is guilty of receiving or soliciting a bribe if that person asks for, solicits,
7 accepts, or receives, directly or indirectly, any benefit with the understanding or agreement that
8 the purpose or intent is to influence an action, decision, opinion, recommendation, judgment, vote,
9 nomination, or exercise of discretion, of a public servant, party official, or voter.
10 (2) It is not a defense to a prosecution under this statute that:
11 (a) the person sought to be influenced was not qualified to act in the desired way, whether
12 because the person had not assumed office, lacked jurisdiction, or for any other reason;
13 (b) the person sought to be influenced did not act in the desired way; or
14 (c) the benefit is not asked for, conferred, solicited, or accepted until after:
15 (i) the action, decision, opinion, recommendation, judgment, vote, nomination, or exercise
16 of discretion, has occurred; or
17 (ii) the public servant ceases to be a public servant.
18 (3) Receiving or soliciting a bribe is:
19 (a) a third degree felony when the value of the benefit asked for, solicited, accepted, or
20 conferred is $1,000 or less; and
21 (b) a second degree felony when the value of the benefit asked for, solicited, accepted, or
22 conferred exceeds $1,000.




Legislative Review Note
as of 1-19-98 5:46 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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