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H.B. 267 Enrolled
8 Trisha S. Beck
9 Rebecca Chavez-Houck
10 Tim M. Cosgrove
11 Brad L. Dee
12 John Dougall
13 Jack R. Draxler
14 Susan Duckworth
15 James A. Dunnigan
16 Rebecca P. EdwardsJanice M. Fisher
Lorie D. Fowlke
Lynn N. Hemingway
Eric K. Hutchings
Don L. Ipson
Brian S. King
Steven R. Mascaro
Marie H. PoulsonKraig Powell
F. Jay Seegmiller
Evan J. Vickers
C. Brent Wallis
Mark A. Wheatley
Ryan D. Wilcox
Larry B. Wiley
Carl Wimmer 17
18 LONG TITLE
19 General Description:
20 This bill amends the Lobbyist Disclosure and Regulation Act related to an expenditure
21 by a lobbyist, principal, or government officer for the benefit of a public official.
22 Highlighted Provisions:
23 This bill:
24 . requires the disclosure of an expenditure or aggregate daily expenditure greater
25 than $10;
26 . prohibits a lobbyist, principal, or government officer from making an expenditure
27 greater than $10, except for food, a beverage, travel, lodging, or attendance at a
28 meeting or activity;
29 . repeals and amends definitions, including the definition of expenditure to exclude
30 certain items or items under certain circumstances;
31 . amends the information a lobbyist files when registering;
32 . changes a lobbyist's filing fee from $25 to $100;
33 . requires a person to file a report electronically by the close of regular office hours;
34 . repeals a section establishing different reporting schedules; and
35 . makes technical changes.
36 Monies Appropriated in this Bill:
38 Other Special Clauses:
40 Utah Code Sections Affected:
42 36-11-102, as last amended by Laws of Utah 2009, Chapter 109
43 36-11-103, as last amended by Laws of Utah 2009, Chapters 356 and 360
44 36-11-201, as last amended by Laws of Utah 2009, Chapter 109
45 REPEALS AND REENACTS:
46 36-11-304, as last amended by Laws of Utah 2009, Chapter 109
48 36-11-201.3, as enacted by Laws of Utah 2007, Chapter 233
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 36-11-102 is amended to read:
52 36-11-102. Definitions.
53 As used in this chapter:
54 (1) "Aggregate daily expenditures" means:
55 (a) for a single lobbyist, principal, or government officer, the total of all expenditures
56 made within a calendar day by the lobbyist, principal, or government officer for the benefit of
57 an individual public official;
58 (b) [
59 all expenditures made within a calendar day by every member of the lobbyist group for the
60 benefit of an individual public official; or
61 (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
62 lobbyist within a calendar day for the benefit of an individual public official, regardless of
63 whether the expenditures were attributed to different clients.
64 (2) "Approved meeting or activity" means a meeting or activity:
65 (a) to which a legislator is invited; and
66 (b) attendance at which is approved by:
67 (i) the speaker of the House of Representatives, if the public official is a member of
68 the House of Representatives; or
69 (ii) the president of the Senate, if the public official is a member of the Senate.
70 (3) (a) "Compensation" means anything of economic value, however designated, that
71 is paid, loaned, granted, given, donated, or transferred to an individual for the provision of
72 services or ownership before any withholding required by federal or state law.
73 (b) "Compensation" includes:
74 (i) a salary or commission;
75 (ii) a bonus;
76 (iii) a benefit;
77 (iv) a contribution to a retirement program or account;
78 (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
79 Code, and subject to Social Security deductions, including a payment in excess of the
80 maximum amount subject to deduction under Social Security law;
81 (vi) an amount that the individual authorizes to be deducted or reduced for salary
82 deferral or other benefits authorized by federal law; or
83 (vii) income based on an individual's ownership interest.
84 (4) "Compensation payor" means a person who pays compensation to a public official
85 in the ordinary course of business:
86 (a) because of the public official's ownership interest in the compensation payor; or
87 (b) for services rendered by the public official on behalf of the compensation payor.
89 (a) [
90 (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of [
91 a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
93 (c) agency ratemaking proceedings[
94 (d) an adjudicative proceeding of a state agency.
96 when given to or for the benefit of a public official[
97 value is received:
98 (i) a purchase, payment, or distribution[
99 (ii) a loan, gift, or advance[
100 (iii) a deposit, subscription, or forbearance[
101 (iv) services[
103 (v) money;
104 (vi) real property;
105 (vii) a ticket or admission to a sporting, recreational, or artistic event; or
107 provide any [
109 (b) "Expenditure" does not mean:
110 (i) a commercially reasonable loan made in the ordinary course of business;
111 (ii) a campaign contribution reported in accordance with Title 20A, Chapter 11,
112 Campaign and Financial Reporting Requirements;
113 (iii) printed informational material that is related to the performance of the recipient's
114 official duties;
115 (iv) a devise or inheritance;
116 (v) any item listed in Subsection [
117 (A) given by a relative;
122 (B) given by a compensation payor for a purpose solely unrelated to the public
123 official's position as a public official; or
124 (C) (I) the item has a value of less than $10; and
125 (II) the aggregate daily expenditures do not exceed $10;
126 (vi) food or beverage that is provided at an event to which the following are invited:
127 (A) all members of the Legislature;
128 (B) all members of a standing or interim committee;
129 (C) all members of an official legislative task force;
130 (D) all members of a party caucus; or
131 (E) all members of a group described in Subsections (6)(b)(vi)(A) through (D) who are
132 attending a meeting of a national organization whose primary purpose is addressing general
133 legislative policy;
134 (vii) food or beverage that is provided at an event to a public official who is:
135 (A) giving a speech at the event;
136 (B) participating in a panel discussion at the event; or
137 (C) presenting or receiving an award at the event;
139 (viii) a plaque, commendation, or award presented in public and having a cash value
140 not exceeding $50[
142 (ix) admission to or attendance at an event, the primary purpose of which is:
143 (A) to solicit contributions reportable under:
144 (I) Title 20A, Chapter 11, Campaign and Financial Reporting Requirements; or
145 (II) 2 U.S.C. Sec. 434; or
146 (B) charitable solicitation, as defined in Section 13-22-2 ;
147 (x) travel to, lodging at, food or beverage served at, and admission to an approved
148 meeting or activity; or
149 (xi) sponsorship of an official event or official entertainment of an approved meeting
150 or activity.
152 (i) an individual elected to a position in state or local government, when acting within
153 the government officer's official capacity; or
154 (ii) an individual appointed to or employed in a full-time position by state or local
155 government, when acting within the scope of the individual's employment.
156 (b) "Government officer" does not mean a member of the legislative branch of state
159 (a) a spouse;
160 (b) a child residing in the household; or
161 (c) an individual claimed as a dependent for tax purposes.
165 (a) [
166 amendment, nomination, veto override, or other matter pending or proposed in either house of
167 the Legislature or its committees or requested by a legislator; and
168 (b) the action of the governor in approving or vetoing legislation.
170 influencing the passage, defeat, amendment, or postponement of legislative or executive
173 (i) an individual who is employed by a principal; or
174 (ii) an individual who contracts for economic consideration, other than reimbursement
175 for reasonable travel expenses, with a principal to lobby a public official.
176 (b) "Lobbyist" does not include:
177 (i) a government officer;
178 (ii) a member or employee of the legislative branch of state government;
179 (iii) [
180 conducted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act or
181 Title 63G, Chapter 4, Administrative Procedures Act;
182 (iv) [
183 force, commission, board, or committee, constituted by the Legislature or any agency or
184 department of state government, except legislative standing, appropriation, or interim
186 (v) a representative of a political party;
187 (vi) an individual representing a bona fide church solely for the purpose of protecting
188 the right to practice the religious doctrines of the church, unless the individual or church
189 makes an expenditure that confers a benefit on a public official;
190 (vii) a newspaper, television station or network, radio station or network, periodical of
191 general circulation, or book publisher for the purpose of publishing news items, editorials,
192 other comments, or paid advertisements that directly or indirectly urge legislative or executive
193 action; or
194 (viii) an individual who appears on the individual's own behalf before a committee of
195 the Legislature or an agency of the executive branch [
196 the purpose of testifying in support of or in opposition to legislative or executive action.
198 officers, [
199 portion of an expenditure made to benefit a public official or member of the public official's
200 immediate family.
202 officer who represents two or more clients and divides the aggregate daily expenditure made to
203 benefit a public official or member of the public official's immediate family between two or
204 more of those clients.
207 (14) "Principal" means a person that employs an individual to perform lobbying, either
208 as an employee or as an independent contractor.
209 (15) "Public official" means:
210 (a) (i) a member of the Legislature;
211 (ii) an individual elected to a position in the executive branch of state government; or
212 (iii) an individual appointed to or employed in a position in the executive or legislative
213 branch of state government if that individual:
214 (A) occupies a policymaking position or makes purchasing or contracting decisions;
215 (B) drafts legislation or makes rules;
216 (C) determines rates or fees; or
217 (D) makes adjudicative decisions; or
218 (b) an immediate family member of a person described in Subsection (15)(a).
219 (16) "Public official type" means a notation to identify whether a public official is:
220 (a) (i) a member of the Legislature;
221 (ii) an individual elected to a position in the executive branch of state government;
222 (iii) an individual appointed to or employed in a position in the legislative branch of
223 state government who meets the definition of public official under Subsection (15)(a)(iii); or
224 (iv) an individual appointed to or employed in a position in the executive branch of
225 state government who meets the definition of public official under Subsection (15)(a)(iii); or
226 (b) an immediate family member of a person described in Subsection (15)(b).
227 (17) "Quarterly reporting period" means the three-month period covered by each
228 financial report required under Subsection 36-11-201 (2)(a).
229 (18) "Related person" means [
230 who knowingly and intentionally assists a lobbyist, principal, or government officer in
232 (19) "Relative" means a spouse, child, parent, grandparent, grandchild, brother, sister,
233 parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or spouse
234 of any of these individuals.
238 Section 2. Section 36-11-103 is amended to read:
239 36-11-103. Licensing requirements.
240 (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
241 lieutenant governor by completing the form required by this section.
242 (b) The lieutenant governor shall issue licenses to qualified lobbyists.
243 (c) The lieutenant governor shall prepare a Lobbyist License Application Form that
245 (i) a place for the lobbyist's name and business address;
246 (ii) a place for the [
247 principal for whom the lobbyist works or is hired as an independent contractor[
248 (A) the principal's name;
249 (B) the principal's business address;
250 (C) the name of each public official that the principal employs and the nature of the
251 employment with the public official; and
252 (D) the general purposes, interests, and nature of the principal;
253 (iii) a place for the name and address of the person who paid or will pay the lobbyist's
254 registration fee, if the fee is not paid by the lobbyist;
255 (iv) a place for the lobbyist to disclose:
256 (A) any elected or appointed position that the lobbyist holds in state or local
257 government, if any; and
258 (B) the name of each public official that the lobbyist employs and the nature of the
259 employment with the public official, if any;
260 (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
261 will be reimbursed; and
262 (vi) a certification to be signed by the lobbyist that certifies that the information
263 provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
265 (2) Each lobbyist who obtains a license under this section shall update the licensure
266 information when the lobbyist accepts employment for lobbying by a new client.
267 (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
268 lobbying license to an applicant who:
269 (i) files an application with the lieutenant governor that contains the information
270 required by this section; and
271 (ii) pays a [
272 (b) A license entitles a person to serve as a lobbyist on behalf of one or more
273 principals and expires on December 31 of each even-numbered year.
274 (4) (a) The lieutenant governor may disapprove an application for a lobbying license:
275 (i) if the applicant has been convicted of violating Section 76-8-103 , 76-8-107 ,
276 76-8-108 , or 76-8-303 within five years before the date of the lobbying license application;
277 (ii) if the applicant has been convicted of violating Section 76-8-104 or 76-8-304
278 within one year before the date of the lobbying license application;
279 (iii) for the term of any suspension imposed under Section 36-11-401 ;
280 (iv) if, within one year before the date of the lobbying license application, the
281 applicant has been found to have willingly and knowingly:
282 (A) violated this section or Section 36-11-201 , 36-11-301 , 36-11-302 , 36-11-303 ,
283 36-11-304 , 36-11-305 , or 36-11-403 ; or
284 (B) filed a document required by this chapter that the lobbyist knew contained
285 materially false information or omitted material information; or
286 (v) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter 24,
287 Lobbying Restrictions Act.
288 (b) An applicant may appeal the disapproval in accordance with the procedures
289 established by the lieutenant governor under this chapter and Title 63G, Chapter 4,
290 Administrative Procedures Act.
291 (5) The lieutenant governor shall deposit license fees in the General Fund.
292 (6) A principal need not obtain a license under this section, but if the principal makes
293 expenditures to benefit a public official without using a lobbyist as an agent to confer those
294 benefits, the principal shall disclose those expenditures as required by Section 36-11-201 .
295 (7) Government officers need not obtain a license under this section, but shall disclose
296 any expenditures made to benefit public officials as required by Section 36-11-201 .
297 (8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
298 lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
299 reports by Section 36-11-201 .
300 Section 3. Section 36-11-201 is amended to read:
301 36-11-201. Lobbyist, principal, and government officer financial reporting
302 requirements -- Prohibition for related person to make expenditures.
303 (1) (a) (i) [
304 governor on or before the due dates [
305 (ii) If [
306 period, the lobbyist shall file a [
307 as "none."
308 (b) [
309 the quarterly reporting periods under Subsection (2)(a) shall file a [
310 with the lieutenant governor on or before the date that a report for that quarter is due.
311 (2) (a) [
312 the following dates:
313 (i) April 10, for the period of January 1 through March 31;
314 (ii) July 10, for the period of April 1 through June 30;
315 (iii) October 10, for the period of July 1 through September 30; and
316 (iv) January 10, for the period of October 1 through December 31 of the previous year.
317 (b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
318 the report [
319 (c) A financial report [
321 due date.
322 (3) A [
323 (a) the total amount of expenditures made to benefit any public official during the
324 quarterly reporting period;
325 (b) the total amount of expenditures made, by [
326 official, during the quarterly reporting period;
327 (c) for the financial report due on January 10:
328 (i) the total amount of expenditures made to benefit any public official during the last
329 calendar year; and
330 (ii) the total amount of expenditures made, by [
331 official, during the last calendar year;
332 (d) a disclosure of each expenditure made during the quarterly reporting period to
333 reimburse or pay for [
335 (i) [
336 (ii) the name of each public official [
337 the expenditure on travel or lodging;
338 (iii) the public official type of each public official named;
339 (iv) for each public official named, a listing of the amount and purpose of each
340 expenditure made for travel or lodging [
341 (v) the total amount of expenditures [
342 listed under Subsection (3)(d)(iv);
343 (e) a disclosure of [
344 made during the quarterly reporting period [
370 (i) the date and purpose of the expenditure;
371 (ii) the location of the expenditure;
372 (iii) the name of any public official benefitted by the expenditure;
373 (iv) the type of the public official benefitted by the expenditure; and
374 (v) the total monetary worth of the benefit that the expenditure conferred on any
375 public official;
376 (f) for each public official who was employed by the lobbyist, principal, or
377 government officer [
379 (i) the name of the public official; and
380 (ii) the nature of the employment [
381 (g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
382 principal, or government officer made an expenditure to a public official [
384 (h) a description of each executive action on behalf of which the lobbyist, principal, or
385 government officer made an expenditure to a public official [
387 (i) the general purposes, interests, and nature of the [
388 entities that the lobbyist, principal, or government officer filing the report represents; and
389 (j) for a lobbyist, a certification that the information provided in the report is true,
390 accurate, and complete to the lobbyist's best knowledge and belief.
401 officer in lobbying, make an expenditure that benefits a public official under circumstances
403 expenditure was made by the lobbyist, principal, or government officer.
405 (a) (i) develop a preprinted [
406 required by this section; and
407 (ii) make copies of the [
408 government officer who requests [
409 (b) provide a reporting system that allows a lobbyist, principal, or government officer
410 to submit a financial [
413 files a statement with the lieutenant governor that:
414 (i) states:
415 (A) for a lobbyist, that the lobbyist has ceased lobbying activities; or
416 (B) for a principal, that the principal no longer employs an individual as a lobbyist;
417 (ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
419 (iii) contains a listing, as required by this section, of all previously unreported
420 expenditures that have been made through the date of the statement; and
421 (iv) states that the lobbyist or principal will not make any additional expenditure that
422 is not disclosed on the statement unless the lobbyist or principal complies with the disclosure
423 and licensing requirements of this chapter.
424 (b) A [
425 be licensed [
427 Section 4. Section 36-11-304 is repealed and reenacted to read:
428 36-11-304. Expenditures over $10 prohibited -- Exceptions.
429 (1) Except as provided in Subsection (2), a lobbyist, principal, or government officer
430 may not make or offer to make aggregate daily expenditures that exceed $10.
431 (2) A lobbyist, principal, or government officer may make aggregate daily
432 expenditures that exceed $10:
433 (a) for the following items, if the expenditure is reported in accordance with Section
434 36-11-201 :
435 (i) food;
436 (ii) beverage;
437 (iii) travel;
438 (iv) lodging; or
439 (v) admission to or attendance at a meeting or activity that is not an approved meeting
440 or activity; or
441 (b) if the expenditure is made for a purpose solely unrelated to the public official's
442 position as a public official.
443 Section 5. Repealer.
444 This bill repeals:
445 Section 36-11-201.3, Expenditure reporting schedules.
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