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MINUTES OF THE
HOUSE RULES COMMITTEE
Room 305, State Capitol
January 28, 2004 - 5:00 p.m.
Rep. J. Morgan Philpot, Vice Chair
Rep. Eli H. Anderson
Rep. Chad E. Bennion
Rep. Judy Ann Buffmire
Rep. Don E. Bush
Rep. David Clark
Rep. Margaret Dayton
Rep. Ben C. Ferry
Rep. Neal B. Hendrickson
Rep. David L. Hogue
Rep. Ty McCartney
Rep. Stephen Urquhart
Members Absent: Rep. Jack A. Seitz
Rep. David Ure
Staff Present: Mr. John Q. Cannon, Managing Policy Analyst
Mr. Stewart E. Smith, Policy Analyst\Special Project Mngr
Mr. John L. Fellows, Associate General Counsel
Ms. Barbara Bryner, Committee Secretary
Rep. Marda Dillree called the meeting to order at 5:10 p.m.
1. H.R. 2 House Rules Resolution - Standing Committee Process Amendments (Rep. R. Becker)
MOTION: Rep. McCartney moved the following amendments:
1. Page 2, Line 33 :
33 This resolution
provides an immediate effective date
January 1, 2005
2. Page 7, Line 213 through Page 8, Line 214 :
213 This resolution takes effect
upon approval by a constitutional majority vote
214 members of the House of Representatives ]]
January 1, 2005 .
The motion passed unanimously with Rep. Urquhart absent for the vote.
Rep. Becker introduced the amended resolution and explained it to the committee.
Rep. Roz McGee and Sandy Peck, Director, The League of Women Voters, spoke for the bill.
MOTION: Rep. McCartney moved to pass the bill out favorably.
MOTION: Rep. Philpot moved to go to the next item on the agenda. The motion passed with Rep. Anderson, Rep. Buffmire, and Rep. McCartney voting against the motion and Rep. Hendrickson absent for the vote.
MOTION: Rep. Hogue moved to table the bill.
MOTION: Rep. Dayton moved to adjourn. The motion failed with Rep. Bush, Rep. Clark, Rep. Dayton, Rep. Ferry, Rep. Hogue and Rep. Urquhart voting for the motion and Rep. Hendrickson absent for the vote.
The Chair ruled the original motion to table the bill out of order.
2. H.R. 3 House Rules Resolution - Limit on Gifts (Rep. R. Becker)
Rep. Becker introduced the resolution and explained it to the committee.
Elise Brown, Constituent, and Sandy Peck, Director, The League of Women Voters, spoke for the bill.
MOTION: Rep. Bennion moved the following amendments:
1. Page 1, Lines 9 through 10 :
9 This resolution prohibits lobbyists, principals, and government officers from giving,
10 and House members from receiving,
valued at more than
of any value
2. Page 1, Lines 12 through 17 :
12 This resolution:
13 . establishes the meaning of the word "gift";
14 . prohibits lobbyists, principals, and government officers from giving gifts
15 more than $15 ]]
of any value to House members or the immediate family member of a House
17 . prohibits House members from accepting gifts
valued at more than
of any value
3. Page 3, Line 80 through Page 5, Line 135 :
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;
(ii) compensation, food, beverages, entertainment, transportation, lodging,
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
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
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
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. ]]
4. Page 6, Lines 156 through 158 :
156 (1) A lobbyist, volunteer lobbyist, principal, or government officer may not offer or
157 give a gift
valued at more than $15
of any value
to any House member or
member of the House member's
158 immediate family.
5. Page 6, Lines 164 through 165 :
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.
After committee discussion there was no longer a quorum. The Chair adjourned the meeting at 6:40 p.m.
Rep. Marda Dillree, Chair