H.R. 3

1

HOUSE RULES RESOLUTION - LIMIT ON
2 GIFTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ralph Becker
6
7 LONG TITLE
8 General Description:
9 This resolution prohibits lobbyists, principals, and government officers from giving,
10 and House members from receiving, certain gifts valued at more than $15.
11 Highlighted Provisions:
12 This resolution:
13 . establishes the meaning of the word "gift";
14 . prohibits lobbyists, principals, and government officers from giving gifts valued at
15 more than $15 to House members or the immediate family member of a House
16 member;
17 . prohibits House members from accepting gifts valued at more than $15 from a
18 lobbyist, principal, or government official;
19 . provides an enforcement mechanism through the lobbyist ethics process for
20 lobbyists and through the House Ethics Committee for House members; and
21 . makes technical corrections.
22 Special Clauses:
23 This resolution takes effect immediately.
24 Legislative Rules Affected:
25 AMENDS:
26 HR-38.02
27 ENACTS:

28 HR-39.01
29 HR-39.02
30 HR-39.03
31
32 Be it resolved by the House of Representatives of the state of Utah:
33 Section 1. HR-38.02 is amended to read:
34 HR-38.02. Lobbyist Code of Ethics.
35 A lobbyist, volunteer lobbyist, or government official may not:
36 (1) attempt to influence any legislator, elected or appointed state official, state
37 employee, or legislative employee by means of deceit or by threat of violence or economic or
38 political reprisal against any person or property, with intent by doing so to alter or affect the
39 legislator's, elected or appointed state official's, state employee's, or legislative employee's
40 decision, vote, opinion, or action concerning any matter that is to be considered or performed
41 by him or the agency or body of which he is a member;
42 (2) knowingly provide false information to any legislator, elected or appointed state
43 official, state employee, or legislative employee as to any material fact pertaining to any
44 legislation;
45 (3) knowingly omit, conceal, or falsify in any manner information required by the
46 lobbyist registration and lobbyist disclosure reports;
47 (4) participate in committee assignments or leadership races of the House of
48 Representatives;
49 (5) cause or influence the introduction of any bill or amendment for the purpose of
50 afterwards becoming employed to secure its passage or defeat;
51 (6) misappropriate or misuse legislative office supplies;
52 (7) use legislative reproduction or facsimile machines without paying for that use;
53 (8) enter or use a legislator's, elected or appointed state official's, state employee's, or
54 legislative employee's office, phone, computer, or parking space without explicit permission;
55 (9) attempt to remove or remove any document from any legislator's or legislative
56 employee's office, desk, file cabinet, reproduction machine, facsimile machine, or any other
57 place without explicit permission;
58 (10) engage in sexually harassing behavior or behavior violative of the Utah

59 Legislature's sexual harassment policy towards legislators or employees of the Legislature;
60 (11) offer employment to any legislator or legislative employee that impairs the
61 legislator's or legislative employee's independence of judgement as to their official duties;
62 (12) offer employment that would require or induce a legislator or legislative employee
63 to disclose records classified as private, protected, or controlled;
64 (13) use or disclose for personal financial gain any records classified as private,
65 protected, or controlled that were obtained from a legislator or legislative employee or conspire
66 with any person for that purpose; [or]
67 (14) induce or seek to induce any legislator or legislative employee into committing a
68 violation of any provision of this House rule[.]; or
69 (15) give a gift to a House member in violation of HR-39.02.
70 Section 2. HR-39.01 is enacted to read:
71 39. GIFTS TO MEMBERS OF THE HOUSE OF REPRESENTATIVES
72 HR-39.01. Definitions.
73 As used in this part:
74 (1) (a) "Accept" means receipt of a gift and conversion of that gift to the donee's own
75 use.
76 (b) "Accept" does not mean receipt of a gift by a donee if the gift is returned to the
77 donor before it is converted to the donee's own use.
78 (2) (a) "Gift" means a transfer of real or personal property for less than fair and
79 adequate consideration.
80 (b) "Gift" does not mean:
81 (i) a campaign contribution properly received and reported as required by Title 20A,
82 Chapter 11, Campaign and Financial Reporting Requirements;
83 (ii) compensation, food, beverages, entertainment, transportation, lodging, or other
84 goods or services extended to a House member by the House member's private employer;
85 (iii) a usual and customary commercial loan made in the ordinary course of business,
86 without regard to the recipient's status as a House member, by a person or institution authorized
87 by law to engage in the business of making loans;
88 (iv) unsolicited awards of appreciation, honorary degrees, or bona fide awards in
89 recognition of public service in the form of a certificate, plaque, trophy, desk item, wall

90 memento, or commemorative token of less than $50 value but only if the item is in a form that
91 can not be readily converted to cash;
92 (v) informational, educational, or promotional items, such as books, articles,
93 periodicals, other written materials, audiotapes, videotapes, or other forms of communication
94 with no substantial resale value and related to the performance of the recipient's official duties;
95 (vi) a subscription to a legislative periodical;
96 (vii) anything received from a person related by blood or marriage or a member of the
97 House member's household unless the donor is acting as an agent or intermediary for another
98 person not so related;
99 (viii) any devise or inheritance from a person related by blood or marriage or a member
100 of the House member's household unless the donor is acting as an agent or intermediary for
101 another person not so related;
102 (ix) a gift that is not used and, no later than 30 days after receipt, is:
103 (A) returned to the donor; or
104 (B) donated to a public body or to the Department of Administrative Services;
105 (x) a gift or gifts from one member of the Legislature to another member of the
106 Legislature;
107 (xi) anything for which the House member pays or gives full value;
108 (xii) any service spontaneously extended to a House member in an emergency
109 situation;
110 (xiii) items received from a bona fide charitable, professional, educational, or business
111 organization to which the House member belongs as a dues-paying member, if the items are
112 given to all members of the organization without regard to individual members' status or
113 positions held outside of the organization and if the dues paid are not inconsequential when
114 compared to the items received;
115 (xiv) funeral flowers or memorials to a church or a nonprofit organization given to
116 honor a House member, a person related to a House member by blood or marriage, or to a
117 member of a House member's household;
118 (xv) unsolicited flowers, plants, and floral arrangements valued at less than $50;
119 (xvi) items valued at less than $50 for a wedding or 25th or 50th wedding anniversary
120 celebration;

121 (xvii) the cost of admission, attendance, or participation, and of food and beverages
122 consumed, at a public policy activity to which all members of the Legislature, all members of
123 the House, or all members of a legislative committee, a legislative subcommittee, or a task
124 force are invited;
125 (xviii) the cost paid, reimbursed, raised, or obtained by or for a public official for
126 attendance or participation, and for food and beverages consumed at, or in connection with, and
127 activities offered at or in connection with, and funds, goods, and services provided at or in
128 connection with, or for conducting, conventions, conferences, or other events sponsored or
129 coordinated by multistate or national organizations of, or including, state governments, state
130 legislatures, or state legislators; or
131 (xix) travel and accommodations provided to a House member when the House
132 member is representing the state in an official or ceremonial capacity, and travel and
133 accommodations provided to a House member or spouse for which prior approval has been
134 obtained from the Speaker, when a House member is representing the Legislature or the House
135 in an official or ceremonial capacity.
136 (3) (a) "Government officer" means:
137 (i) an individual elected to a position in state or local government, when acting within
138 his official capacity; or
139 (ii) an individual appointed to or employed in a full-time position by state or local
140 government, when acting within the scope of his employment.
141 (b) "Government officer" does not mean a member of the legislative branch of state
142 government.
143 (4) "Immediate family" means:
144 (a) the House member's spouse;
145 (b) the House member's children; or
146 (c) other persons living in the House member's household.
147 (5) "Lobbyist" means "lobbyist as defined in Subsections 36-11-102 (9)(a) and (b).
148 (6) "Principal" means a person who employs a lobbyist either as an employee or as an
149 independent contractor.
150 (7) (a) "Volunteer lobbyist" means a person not registered as a lobbyist who engages in
151 lobbying as defined in Subsection 36-11-102 (8).

152 (b) "Volunteer lobbyist" does not mean an individual who appears on the individual's
153 own behalf to engage in lobbying as defined in Subsection 36-11-102 (8).
154 Section 3. HR-39.02 is enacted to read:
155 HR-39.02. Certain Gifts to House Members Prohibited.
156 (1) A lobbyist, volunteer lobbyist, principal, or government officer may not offer or
157 give a gift valued at more than $15 to any House member or member of the House member's
158 immediate family.
159 (2) A lobbyist, volunteer lobbyist, principal, or government officer violating this rule is
160 subject to an ethics complaint filed and adjudicated according to the procedures and
161 requirements of H.R. 38, Lobbyist Ethics and Enforcement.
162 Section 4. HR-39.03 is enacted to read:
163 HR-39.03. Acceptance of Certain Gifts by House Members Prohibited.
164 (1) A House member may not accept a gift valued at more than $15 from a lobbyist,
165 volunteer lobbyist, principal, or government officer.
166 (2) A House member violating this rule is subject to an ethics complaint filed and
167 adjudicated according to the procedures and requirements of J.R. 16, Ethics.
168 Section 5. Effective date.
169 This resolution takes effect upon approval by a constitutional majority vote of all
170 members of the House of Representatives.




Legislative Review Note
as of 12-12-03 7:43 AM

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

Office of Legislative Research and General Counsel