H.R. 3
         HOUSE RULES RESOLUTION - LIMIT ON GIFTS

house floor Amendments

Amendment 2 February 9, 2004 5:28 pm



Representative Chad E. Bennion proposes 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,
[[   certain   ]] gifts      [[   valued at more than $15   ]]        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
[[   valued at

             15      more than $15  
]]
  of any value       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   ]]        of any value       from a


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;
             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.  
]]


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   ]]        of any value       from a lobbyist,

             165      volunteer lobbyist, principal, or government officer.


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