Gift Made with Intent to Influence
- As used in this section, “economic benefit tantamount to a gift” includes:
- (a) a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; and
- (b) compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.
- Except as provided in Subsection (4), it is an offense for a public officer or public employee to knowingly receive, accept, take, seek, or solicit, directly or indirectly for himself or another a gift of substantial value or a substantial economic benefit tantamount to a gift:
- (a) that would tend improperly to influence a reasonable person in the person’s position to depart from the faithful and impartial discharge of the person’s public duties;
- (b) that the public officer or public employee knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the public officer or public employee for official action taken; or
- (c) if the public officer or public employee recently has been, is now, or in the near future may be involved in any governmental action directly affecting the donor or lender, unless a disclosure of the gift, compensation, or loan and other relevant information has been made in the manner provided in Section 67-16-6.
- Subsection (2) does not apply to:
- (a) an occasional nonpecuniary gift, having a value of not in excess of $50;
- (b) an award publicly presented in recognition of public services;
- (c) any bona fide loan made in the ordinary course of business; or
- (d) a political campaign contribution.
- This section does not apply to a public officer or public employee who engages in conduct that constitutes a violation of this section to the extent that the public officer or public employee is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105.
Utah Code Ann. § 67-16-5.
Extra Compensation for Official Duties
No current state statute or regulation falls under the category of “Extra Compensation for Official Duties.”
Gift Regardless of Giver Status
No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”
Gift from Lobbyist or Regulated Entity
§ 36-11-304. Expenditures over Certain Amounts Prohibited—Exceptions.
- Except as provided in Subsection (2) or (3), a lobbyist, principal, or government officer may not make or offer to make aggregate daily expenditures that exceed:
- (a) for food or beverage, the food reimbursement rate; or
- (b) $10 for expenditures other than food or beverage.
- A lobbyist, principal, or government officer may make aggregate daily expenditures that exceed the limits described in Subsection (1):
- (a) for the following items, if the expenditure is reported in accordance with Section 36-11-201:
- (i) food;
- (ii) beverage;
- (iii) travel;
- (iv) lodging; or
- (v) admission to or attendance at a tour or meeting that is not an approved activity; or
- (b) if the expenditure is made for a purpose solely unrelated to the public official’s position as a public official.
- (a) for the following items, if the expenditure is reported in accordance with Section 36-11-201:
- (3)
- (a) As used in this Subsection (3), “same local government type” means:
- (i) for a county government, the same county government or another county government;
- (ii) for a municipal government, the same municipal government or another municipal government;
- (iii) for a board of education, the same board of education;
- (iv) for a local school board described in Title 53G, Chapter 4, School Districts, the same local school board or another local school board;
- (v) for a local district, the same local district or another local district or a special service district;
- (vi) for a special service district, the same special service district or another special service district or a local district; or
- (vii) for a participant in an interlocal agreement, another participant in the same interlocal agreement.
- (b) This section does not apply to an expenditure made by a local official or an education official to another local official or education official of the same local government type as the local official or education official making the expenditure.
- (a) As used in this Subsection (3), “same local government type” means:
Utah Code Ann. § 36-11-304.
§ 36-11-102. Definitions
(11)
- (a) “Expenditure” means any of the items listed in this Subsection (11)(a) when given to or for the benefit of a public official unless consideration of equal or greater value is received:
- (i) a purchase, payment, or distribution;
- (ii) a loan, gift, or advance;
- (iii) a deposit, subscription, or forbearance;
- (iv) services or goods;
- (v) money;
- (vi) real property;
- (vii) a ticket or admission to an event; or
- (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide any item listed in Subsections (11)(a)(i) through (vii).
- (b) “Expenditure” does not mean:
- (i) a commercially reasonable loan made in the ordinary course of business;
- (ii) a campaign contribution:
- (A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial Reporting Requirements, Section 10-3-208, Section 17-16-6.5, or any applicable ordinance adopted under Subsection 10-3-208(6) or 17-16-6.5(1); or
- (B) lawfully given to a person that is not required to report the contribution under a law or ordinance described in Subsection (11)(b)(ii)(A);
- (iii) printed informational material that is related to the performance of the recipient’s official duties;
- (iv) a devise or inheritance;
- (v) any item listed in Subsection (11)(a) if:
- (A) given by a relative;
- (B) given by a compensation payor for a purpose solely unrelated to the public official’s position as a public official;
- (C) the item is food or beverage with a value that does not exceed the food reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed the food reimbursement rate; or
- (D) the item is not food or beverage, has a value of less than $10, and the aggregate daily expenditures do not exceed $10;
- (vi) food or beverage that is provided at an event, a tour, or a meeting to which the following are invited:
- (A) all members of the Legislature;
- (B) all members of a standing or interim committee;
- (C) all members of an official legislative task force;
- (D) all members of a party caucus; or
- (E) all members of a group described in Subsections (11)(b)(vi)(A) through (D) who are attending a meeting of a national organization whose primary purpose is addressing general legislative policy;
- (vii) food or beverage that is provided at an event, a tour, or a meeting to a public official who is:
- (A) giving a speech at the event, tour, or meeting;
- (B) participating in a panel discussion at the event, tour, or meeting; or
- (C) presenting or receiving an award at the event, tour, or meeting;
- (viii) a plaque, commendation, or award that:
- (A) is presented in public; and
- (B) has the name of the individual receiving the plaque, commendation, or award inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or award;
- (ix) a gift that:
- (A) is an item that is not consumable and not perishable;
- (B) a public official, other than a local official or an education official, accepts on behalf of the state;
- (C) the public official promptly remits to the state;
- (D) a property administrator does not reject under Section 63G-23-103;
- (E) does not constitute a direct benefit to the public official before or after the public official remits the gift to the state; and
- (F) after being remitted to the state, is not transferred, divided, distributed, or used to distribute a gift or benefit to one or more public officials in a manner that would otherwise qualify the gift as an expenditure if the gift were given directly to a public official;
- (x) any of the following with a cash value not exceeding $30:
- (A) a publication; or
- (B) a commemorative item;
- (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of which is:
- (A) to solicit a contribution that is reportable under Title 20A, Chapter 11, Campaign and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section 10-3-208, Section 17-16-6.5, or an applicable ordinance adopted under Subsection 10-3-208(6) or 17-16-6.5(1);
- (B) to solicit a campaign contribution that a person is not required to report under a law or ordinance described in Subsection (11)(b)(xi)(A); or
- (C) charitable solicitation, as defined in Section 13-22-2;
- (xii) travel to, lodging at, food or beverage served at, and admission to an approved activity;
- (xiii) sponsorship of an approved activity;
- (xiv) notwithstanding Subsection (11)(a)(vii), admission to, attendance at, or travel to or from an event, a tour, or a meeting:
- (A) that is sponsored by a governmental entity;
- (B) that is widely attended and related to a governmental duty of a public official;
- (C) for a local official, that is sponsored by an organization that represents only local governments, including the Utah Association of Counties, the Utah League of Cities and Towns, or the Utah Association of Special Districts; or
- (D) for an education official, that is sponsored by a public school, a charter school, or an organization that represents only public schools or charter schools, including the Utah Association of Public Charter Schools, the Utah School Boards Association, or the Utah School Superintendents Association; or
- (xv) travel to a widely attended tour or meeting related to a governmental duty of a public official if that travel results in a financial savings to:
- (A) for a public official who is not a local official or an education official, the state; or
- (B) for a public official who is a local official or an education official, the local government or board of education to which the public official belongs.
Utah Code Ann. § 36-11-102(11).
Definitions and Exceptions
Please see above sections for statute specific definitions and exceptions.
Notes/Resources
No Notes/Resources at this time.