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H.B. 168

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LOBBYIST REPORTING ISSUES

2    
1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: David Ure

5    AN ACT RELATING TO LOBBYIST DISCLOSURE; CLARIFYING REPORTING
6    REQUIREMENTS; REQUIRING A SUMMARY PAGE ON REPORTS; MODIFYING
7    INTERIM REPORTING REQUIREMENTS; AND MAKING TECHNICAL CORRECTIONS.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         36-11-201, as last amended by Chapter 192, Laws of Utah 1995
11         36-11-202, as last amended by Chapter 192, Laws of Utah 1995
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 36-11-201 is amended to read:
14         36-11-201. Disclosure requirements -- Prohibition for related person to make
15     expenditures.
16        (1) Each lobbyist, principal, and government officer who makes expenditures totaling $50
17    or more to benefit public officials or members of their immediate families [in] during any
18     h [ [ ]calendar quarter [ ] ] [ reporting period ] h of the last calendar year shall file a report with the
18a     lieutenant
19    governor by January 10 of each year or on the next succeeding business day if January 10 falls on
20    a Saturday, Sunday, or legal holiday. The report shall be considered timely filed if postmarked
21    on its due date. [Any] A report [required] filed in compliance with this part shall contain:
22        (a) the total amount of expenditures made to benefit public officials [during the last
23    calendar year];
24        (b) (i) total travel expenditures that the lobbyist, principal, or government officer made to
25    benefit public officials and members of their immediate families [during the last calendar year];
26    and
27        (ii) a travel expenditure statement that:
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1        (A) describes the destination of each trip and its purpose;
2        (B) identifies the total amount of expenditures made to benefit each public official and
3    members of his immediate family for each trip;
4        (C) names all individuals that took each trip h AT THE EXPENSE OF A LOBBYIST, PRINCIPAL,
4a     OR GOVERNMENT OFFICER h ;
5        (D) provides the name and address of the organization that sponsored each trip; and
6        (E) identifies specific expenditures for food, lodging, gifts, and sidetrips;
7        (c) for aggregate daily expenditures made to benefit public officials or members of their
8    immediate families that are not reportable under Subsection (b):
9        (i) when the amount does not exceed $50 per person:
10        (A) the date of the expenditure;
11        (B) the purpose of the expenditure; and
12        (C) the [total] monetary worth of the benefit conferred on the public officials or members
13    of their immediate families;
14        (ii) when the amount exceeds $50 per person:
15        (A) the date, location, and purpose of the event, activity, or expenditure;
16        (B) the name of the public official or member of his immediate family who attended the
17    event or activity or received the benefit of the expenditure; and
18        (C) the [total] monetary worth of the benefit conferred on the public official or member
19    of his immediate family;
20        (d) [a list] the name of each public official [that] who was employed by the lobbyist,
21    principal, or government officer or who performed work as an independent contractor for the
22    lobbyist, principal, or government officer during the last year that details the nature of the public
23    official's employment or contract;
24        (e) a list identifying each bill or resolution by number and short title on behalf of which
25    the lobbyist, principal, or government officer made an expenditure to a public official for which
26    a report is required by this section;
27        (f) a description of each executive action on behalf of which the lobbyist, principal, or
28    government officer made an expenditure to a public official for which a report is required by this
29    section; [and]
30        (g) the general purposes, interests, and nature of the organization or organizations that the
31    lobbyist, principal, or government officer filing the report represents[.]; and
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1        (h) a summary page in the form required by the lieutenant governor that identifies:
2        (i) total expenditures not exceeding $50 per person during the period since the last report;
3        (ii) total expenditures not exceeding $50 per person from January 1 of the current year to
4    the end of the most current reporting period;
5        (iii) total expenditures exceeding $50 per person during the period since the last report;
6    and
7        (iv) total expenditures exceeding $50 per person from January 1 of the current year to the
8    end of the most current reporting period.
9        (2) Each lobbyist, principal, and government officer who does not make expenditures
10    totaling $50 or more to benefit public officials or members of their immediate families during any
11     h [reporting period of the calendar year ] CALENDAR QUARTER h is not required to file a report
11a     under this section.
12        [(2) A] (3) The expenditures made by a related person [may not,] while assisting a
13    lobbyist, principal, or government officer in lobbying[, make an expenditure] that [benefits] benefit
14    a public official or member of his immediate family under circumstances [which] that would
15    otherwise fall within the disclosure requirements of this chapter if the expenditure was made by
16    the lobbyist, principal, or government officer shall be reported by the lobbyist, principal,
17    government officer, or related person.
18        Section 2. Section 36-11-202 is amended to read:
19         36-11-202. Filing of interim reports.
20        (1) Each lobbyist who makes [additional] expenditures [during a subsequent reporting
21    period] totaling $50 or more to benefit public officials or members of their immediate families
22    during any h [ interim reporting period ] CALENDAR QUARTER h shall file[ a supplemental] an
22a     interim report with the lieutenant
23    governor containing the same information required in Section 36-11-201 for the reporting periods
24    and on the dates set forth in this subsection:
25        (a) ten days after the last day of each annual general session, listing all expenditures that
26    were made from January 1 to the last day of the annual general session;
27        (b) seven days before a general election, listing all expenditures [as of five days before]
28    that were made since the last day of an annual general session; and
29        (c) seven days after the end of a special session or veto override session, listing all
30    expenditures that were made during the special session or veto override session.
31        (2) (a) [A supplemental] An interim report shall be filed on the next succeeding business
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1    day if the date specified in Subsection (1) falls on a Saturday, Sunday, or legal holiday.
2        (b) Any [supplemental] interim report shall be considered timely filed if postmarked on
3    its due date.
4        (3) Each lobbyist, principal, and government officer who does not make expenditures
5    totaling $50 or more to benefit public officials or members of their immediate families during any
6     h [reporting period of the calendar year ] CALENDAR QUARTER h is not required to file a report
6a     under this section.




Legislative Review Note
    as of 11-12-96 8:08 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


Committee Note

The State and Local Affairs Interim Committee recommended this bill.



















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