H.B. 345 Enrolled

1

ELECTED OFFICIALS - RESTRICTIONS ON
2 LOBBYING
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brad L. Dee
6 Senate Sponsor: Gregory S. Bell
7 Cosponsors:
8 Douglas C. Aagard
9 Sheryl L. Allen
10 Roger E. Barrus
11 Trisha S. Beck
12 Ron Bigelow
13 Jim Bird
14 Jackie Biskupski
15 Laura Black
16 Melvin R. Brown
17 Rebecca Chavez-Houck
18 David Clark
19 Stephen D. Clark
20 Tim M. Cosgrove
21 John Dougall
22 Jack R. Draxler
23 Susan Duckworth
24 James A. Dunnigan
25 Rebecca P. Edwards
26 Janice M. Fisher
27 Julie Fisher
28 Lorie D. Fowlke
29 Gage Froerer
30 Kevin S. GarnFrancis D. Gibson
Kerry W. Gibson
James R. Gowans
Richard A. Greenwood
Keith Grover
Wayne A. Harper
Lynn N. Hemingway
Christopher N. Herrod
Kory M. Holdaway
Gregory H. Hughes
Fred R Hunsaker
Eric K. Hutchings
Don L. Ipson
Christine A. Johnson
Brian S. King
Todd E. Kiser
Bradley G. Last
David Litvack
Rebecca D. Lockhart
Steven R. Mascaro
John G. Mathis
Kay L. McIff
Ronda Rudd MenloveMichael T. Morley
Carol Spackman Moss
Merlynn T. Newbold
Michael E. Noel
Curtis Oda
Patrick Painter
Marie H. Poulson
Kraig Powell
Paul Ray
Phil Riesen
Stephen E. Sandstrom
F. Jay Seegmiller
Jennifer M. Seelig
Kenneth W. Sumsion
Evan J. Vickers
C. Brent Wallis
Christine F. Watkins
R. Curt Webb
Mark A. Wheatley
Ryan D. Wilcox
Larry B. Wiley
Carl Wimmer
Bradley A. Winn 31
32 LONG TITLE
33 General Description:
34 This bill enacts the Lobbying Restrictions Act, which places restrictions on certain
35 elected officers' ability to act as a lobbyist after leaving office.
36 Highlighted Provisions:

37 This bill:
38 . enacts the Lobbying Restrictions Act, which prohibits certain elected government
39 officials from acting as a lobbyist for one year after leaving office; and
40 . requires the lieutenant governor to disapprove an application for a lobbyist license
41 when the applicant does not meet the eligibility requirements.
42 Monies Appropriated in this Bill:
43 None
44 Other Special Clauses:
45 None
46 Utah Code Sections Affected:
47 AMENDS:
48 36-11-103, as last amended by Laws of Utah 2008, Chapter 382
49 ENACTS:
50 67-24-101, Utah Code Annotated 1953
51 67-24-102, Utah Code Annotated 1953
52 67-24-103, Utah Code Annotated 1953
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 36-11-103 is amended to read:
56 36-11-103. Licensing requirements.
57 (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
58 lieutenant governor by completing the form required by this section.
59 (b) The lieutenant governor shall issue licenses to qualified lobbyists.
60 (c) The lieutenant governor shall prepare a Lobbyist License Application Form that
61 includes:
62 (i) a place for the lobbyist's name and business address;
63 (ii) a place for the name and business address of each principal for whom the lobbyist
64 works or is hired as an independent contractor;

65 (iii) a place for the name and address of the person who paid or will pay the lobbyist's
66 registration fee, if the fee is not paid by the lobbyist;
67 (iv) a place for the lobbyist to disclose any elected or appointed position that the
68 lobbyist holds in state or local government, if any;
69 (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
70 will be reimbursed; and
71 (vi) a certification to be signed by the lobbyist that certifies that the information
72 provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
73 belief.
74 (2) Each lobbyist who obtains a license under this section shall update the licensure
75 information when the lobbyist accepts employment for lobbying by a new client.
76 (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
77 lobbying license to an applicant who:
78 (i) files an application with the lieutenant governor that contains the information
79 required by this section; and
80 (ii) pays a $25 filing fee.
81 (b) A license entitles a person to serve as a lobbyist on behalf of one or more
82 principals and expires on December 31 of each even-numbered year.
83 (4) (a) The lieutenant governor may disapprove an application for a lobbying license:
84 (i) if the applicant has been convicted of violating Section 76-8-103 , 76-8-107 ,
85 76-8-108 , or 76-8-303 within five years before the date of the lobbying license application;
86 (ii) if the applicant has been convicted of violating Section 76-8-104 or 76-8-304
87 within one year before the date of the lobbying license application;
88 (iii) for the term of any suspension imposed under Section 36-11-401 ; [or]
89 (iv) if, within one year before the date of the lobbying license application, the
90 applicant has been found to have willingly and knowingly:
91 (A) violated [Section 36-11-103 ,] this section or Section 36-11-201 , 36-11-301 ,
92 36-11-302 , 36-11-303 , 36-11-304 , 36-11-305 , or 36-11-403 ; or

93 (B) filed a document required by this chapter that the lobbyist knew contained
94 materially false information or omitted material information[.]; or
95 (v) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter 24,
96 Lobbying Restrictions Act.
97 (b) An applicant may appeal the disapproval in accordance with the procedures
98 established by the lieutenant governor under this chapter and Title 63G, Chapter 4,
99 Administrative Procedures Act.
100 (5) The lieutenant governor shall deposit license fees in the General Fund.
101 (6) A principal need not obtain a license under this section, but if the principal makes
102 expenditures to benefit a public official without using a lobbyist as an agent to confer those
103 benefits, the principal shall disclose those expenditures as required by Sections 36-11-201 .
104 (7) Government officers need not obtain a license under this section, but shall disclose
105 any expenditures made to benefit public officials as required by Sections 36-11-201 .
106 (8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
107 lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
108 reports by Section 36-11-201 .
109 Section 2. Section 67-24-101 is enacted to read:
110 CHAPTER 24. LOBBYING RESTRICTIONS ACT
111 67-24-101. Title.
112 This chapter is known as the "Lobbying Restrictions Act."
113 Section 3. Section 67-24-102 is enacted to read:
114 67-24-102. Definitions.
115 As used in this chapter:
116 (1) "Lobbying" is as defined in Section 36-11-102 .
117 (2) "Lobbyist" is as defined in Section 36-11-102 .
118 (3) "State official" means:
119 (a) a member of the Legislature;
120 (b) the governor;

121 (c) the lieutenant governor;
122 (d) the state auditor;
123 (e) the state treasurer; and
124 (f) the attorney general.
125 Section 4. Section 67-24-103 is enacted to read:
126 67-24-103. Qualified prohibitions on lobbyists -- Time limit -- Exceptions.
127 (1) Except as provided in Subsection (2), a former state official serving on or after
128 May 12, 2009, may not become a lobbyist or engage in lobbying that would require
129 registration as a lobbyist under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act,
130 for one calendar year, beginning on the day the state official leaves office and ending on the
131 one-year anniversary of that day.
132 (2) This section does not apply if the former state official engages in lobbying on
133 behalf of:
134 (a) himself; or
135 (b) a business with which he is associated, unless the primary activity of the business
136 is lobbying or governmental relations.