(1)  A public official may accept a gift on behalf of the state if the public official, after accepting the gift, promptly:

Terms Used In Utah Code 63G-23-103

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public official: includes a judge or justice of:
(a) the Utah Supreme Court;
(b) the Utah Court of Appeals; or
(c) a district court. See Utah Code 63G-23-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  notifies the property administrator appointed under Subsection (2) for the branch of state government with which the public official is affiliated of the public official’s acceptance of the gift; and

    (b)  remits the gift to the branch of state government with which the public official is affiliated.

    (2)  The following persons shall select a property administrator for the person’s branch of state government:

    (a)  for the executive branch, the governor or the governor’s designee;

    (b)  for the legislative branch, the Legislative Management Committee or the Legislative Management Committee’s designee; and

    (c)  for the judicial branch, the chief justice of the Supreme Court or the chief justice’s designee.

    (3)  A property administrator appointed under Subsection (2):

    (a)  shall manage the retention or disposal of a gift that a public official remits to the state under Subsection (1); and

    (b)  may reject a gift that a public official accepts on behalf of the state.

    (4)  If a property administrator rejects a gift under Subsection (3)(b), the public official who accepted the gift shall promptly:

    (a)  return the gift; or

    (b)  dispose of the gift in a manner authorized by law.

    Enacted by Chapter 67, 2018 General Session

    Technically renumbered for proper placement.