H.B. 139

1

LEGISLATOR GIFT REPORTING ACT
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen D. Clark
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill enacts the Legislator Gift Reporting Act to require certain reporting of gifts
10 accepted by legislators.
11 Highlighted Provisions:
12 This bill:
13 . provides definitions;
14 . requires legislators to file a gift report with the lieutenant governor disclosing gifts
15 received that are worth more than $25;
16 . provides that the gift report must be filed within 30 days of the end of the annual
17 general session of the Legislature;
18 . provides that the gift report include:
19 . a list of gifts, the giver, and the estimated value of the gift, and total of the gifts;
20 . the total net campaign balance listed in the year-end campaign finance
21 statement; and
22 . the signature of the legislator certifying the accuracy of the gift report;
23 . requires the lieutenant governor to:
24 . give ten days notice to legislators that a gift report is due;
25 . make each gift report available for public inspection including available on the
26 Internet; and
27 . send a copy of each legislator's gift report to each registered voter household

28 within the district of the legislator; and
29 . provides that failure to file a gift report is a class B misdemeanor.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 ENACTS:
36 36-27-101, Utah Code Annotated 1953
37 36-27-102, Utah Code Annotated 1953
38 36-27-103, Utah Code Annotated 1953
39 36-27-104, Utah Code Annotated 1953
40 36-27-105, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 36-27-101 is enacted to read:
44 CHAPTER 27. LEGISLATOR GIFT REPORTING ACT
45 36-27-101. Title.
46 This chapter is known as the "Legislator Gift Reporting Act."
47 Section 2. Section 36-27-102 is enacted to read:
48 36-27-102. Definitions.
49 As used in this chapter:
50 (1) (a) "Gift"means a transfer of any good or service or combination of any goods or
51 services:
52 (i) for less than fair and adequate consideration;
53 (ii) with a value of more than $25 in a day; and
54 (iii) given by:
55 (A) a lobbyist as defined under Section 36-11-102 ;
56 (B) a principal as defined under Section 36-11-102 ;
57 (C) an interested person as defined under Section 36-11-102 ; or
58 (D) any other person that will receive a direct benefit from a legislative action currently

59 being considered.
60 (b) If qualified under Subsection (1)(a), "gift" includes admission price or cost for
61 events, meals, food, beverage, recreation, outings, or functions.
62 (c) Notwithstanding the provisions of Subsections (1)(a) and (b), "gift" does not
63 include a good or service given to the entire Legislature, the entire Senate, or the entire House
64 of Representatives, or to all members of a committee, subcommittee, or task force.
65 (2) "Gift report" means the report required under Section 36-27-103 .
66 Section 3. Section 36-27-103 is enacted to read:
67 36-27-103. Reporting of gifts -- Gift report.
68 (1) Within 30 days after the end of the annual general session, a legislator shall file a
69 gift report with the lieutenant governor in accordance with the provisions of Section 36-27-104 .
70 (2) A gift report shall include:
71 (a) a list of all gifts received by the legislator during the 12-month period beginning
72 with April 1 of the previous calendar year and ending on March 31 of the current calendar year,
73 including:
74 (i) a description of the gift;
75 (ii) a good faith estimate of the value of the gift;
76 (iii) the name of the person who gave the gift;
77 (iv) the name of the entity that the person who gave the gift represents, if any; and
78 (v) a single figure equal to the total of the estimated value of all the gifts being reported
79 in the gift report;
80 (b) a single figure equal to the net balance for the year as reported in the campaign
81 financial statement year-summary report that was due on January 10 of the current calendar
82 year under Subsection 20A-11-302 (2)(a)(viii) for legislative candidates or Subsection
83 20A-11-401 (2)(a)(viii) for officeholders; and
84 (c) a certification to be signed by the legislator that certifies that the information
85 provided in the gift report is true, accurate, and complete to the best of the legislator's
86 knowledge and belief.
87 (3) If a legislator does not receive any gifts during the reporting period, the legislator
88 shall file a gift report listing "none."
89 Section 4. Section 36-27-104 is enacted to read:

90 36-27-104. Notice of pending gift report -- Form of submission -- Public
91 availability.
92 (1) Ten days before a gift report is due under this chapter, the lieutenant governor shall
93 inform each legislator by postal mail or, if requested by the legislator, by electronic mail:
94 (a) of the deadline for the gift report; and
95 (b) that the legislator may be guilty of a class B misdemeanor for failing to file the gift
96 report.
97 (2) A legislator submitting a gift report required by this chapter to the lieutenant
98 governor shall submit the gift report on a form provided by the lieutenant governor, which may
99 allow for facsimile, electronic mail, or Internet submission.
100 (3) A gift report is considered timely filed if:
101 (a) it is received in the lieutenant governor's office no later than 5 p.m. on the date that
102 it is due;
103 (b) it is received in the lieutenant governor's office with a postmark three days or more
104 before the date that it was due; or
105 (c) the legislator has proof that it was mailed, with appropriate postage and addressing,
106 three days before it was due.
107 (4) (a) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
108 Access and Management Act, the lieutenant governor shall:
109 (i) make each gift report filed by a legislator available for public inspection and
110 copying no later than one business day after the gift report is filed; and
111 (ii) post an electronic copy of the contents of each gift report on a website established
112 by the lieutenant governor no later than seven business days after the date the gift report is due.
113 (b) The website established by the lieutenant governor under Subsection (4)(a) shall:
114 (i) feature a searchable Internet database of the contents of each gift report; and
115 (ii) allow summary capabilities.
116 (5) (a) No later than May 1 of each year the lieutenant governor shall send a copy of
117 each legislator's gift report, by any available mail service, to each registered voter household
118 within the district that the legislator represents.
119 (b) If a gift report has not been received, the lieutenant governor shall send a notice of
120 that fact in lieu of the gift report in accordance with Subsection (5)(a).

121 Section 5. Section 36-27-105 is enacted to read:
122 36-27-105. Penalties.
123 (1) A person who fails to file a gift report in accordance with this chapter is guilty of a
124 class B misdemeanor.
125 (2) The lieutenant governor shall report a violation of this chapter to the attorney
126 general.




Legislative Review Note
as of 1-13-09 11:27 AM

Office of Legislative Research and General Counsel