This document includes Senate Committee Amendments incorporated into the bill on Mon, Mar 11, 2019 at 3:08 PM by estauffer.
1     
EXECUTIVE BRANCH ETHICS COMMISSION AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the Executive Branch Ethics Commission.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that, if the commission determines that all allegations made against an
13     executive branch elected official are without merit, the executive branch elected
14     official Ŝ→ [is entitled to] may request ←Ŝ payment, by the state, of reasonable attorney fees and
14a     costs for
15     legal representation during the complaint review process.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63A-14-708, as enacted by Laws of Utah 2013, Chapter 426
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63A-14-708 is amended to read:
26          63A-14-708. Attorney fees and costs.
27          (1) A complainant:
28          (a) may, but is not required to, retain legal representation during the complaint review
29     process; and
30          (b) is responsible for payment of the complainant's attorney fees and costs incurred.
31          (2) A respondent:
32          (a) may, but is not required to, retain legal representation during the complaint review
33     process; and
34          (b) except as provided in Subsection (3), is responsible for payment of the respondent's
35     attorney fees and costs incurred.
36          (3) Ŝ→ (a) ←Ŝ If the commission determines that all allegations in the complaint are
36a     without merit,
37     the respondent Ŝ→ [is entitled to payment, by the state,] may file a request with the Executive
37a     Appropriations Committee of the Legislature for the payment ←Ŝ of reasonable attorney fees
37b     and costs for
38     legal representation during the complaint review process.
38a     Ŝ→ (b) If the Executive Appropriations Committee of the Legislature receives a request
38b     described in Subsection (3)(a), the Legislature may appropriate money to reimburse the
38c     respondent for some or all of the reasonable attorney fees and costs described in Subsection
38d     (3)(a). ←Ŝ
39          [(3)] (4) An attorney who participates in a hearing before the commission shall comply
40     with:
41          (a) the Rules of Professional Conduct established by the Utah Supreme Court;
42          (b) the procedures and requirements of this chapter; and
43          (c) the directions of the chair and the commission.
44          [(4)] (5) A violation of Subsection [(3)] (4) may constitute:
45          (a) contempt of the commission under Section 63A-14-705; or
46          (b) a violation of the Rules of Professional Conduct, subject to enforcement by the
47     Utah State Bar.