First Substitute H.B. 66

Representative Ron Bigelow proposes to substitute the following bill:

1 LOBBYIST DISCLOSURE AND REGULATION
2 ACT AMENDMENTS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ron Bigelow
6 This act modifies lobbyist financial reporting requirements to govern situations where
7 multiple lobbyists split expenditures and where a single lobbyist splits expenditures between
8 multiple clients. This act makes technical corrections.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 36-11-201, as last amended by Chapter 338, Laws of Utah 2000
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. Lobbyist, principal, and government officer financial reporting
15 requirements -- Prohibition for related person to make expenditures.
16 (1) (a) (i) Each lobbyist, principal, and government officer shall file an annual financial
17 report with the lieutenant governor on January 10 of each year or on the next succeeding business
18 day if January 10 falls on a Saturday, Sunday, or legal holiday. The report shall be considered
19 timely filed if postmarked on its due date.
20 (ii) The report shall disclose expenditures made to benefit public officials or members of
21 their immediate families as provided in this section.
22 (iii) If the lobbyist made no expenditures since the last expenditure reported on the last
23 report filed, the lobbyist shall file a financial report listing the amount of expenditures as "none."
24 (b) The January 10 report shall contain:
25 (i) the total amount of expenditures made to benefit public officials during the last calendar

26 year;
27 (ii) (A) the total travel expenditures that the lobbyist, principal, or government officer
28 made to benefit public officials and their immediate families during the last calendar year; and
29 (B) a travel expenditure statement that:
30 (I) describes the destination of each trip and its purpose;
31 (II) identifies the total amount of expenditures made to benefit each public official and
32 members of the public official's immediate family for each trip;
33 (III) names all individuals that took each trip;
34 (IV) provides the name and address of the organization that sponsored each trip; and
35 (V) identifies specific expenditures for food, lodging, gifts, and sidetrips;
36 (iii) for aggregate daily expenditures made to benefit public officials or members of their
37 immediate families that are not reportable under Subsection (1)(b):
38 (A) when the amount does not exceed $50 per person:
39 (I) the date of the expenditure;
40 (II) the purpose of the expenditure; and
41 (III) the total monetary worth of the benefit conferred on the public officials or members
42 of their immediate families;
43 (B) when the amount exceeds $50 per person:
44 (I) the date, location, and purpose of the event, activity, or expenditure;
45 (II) the name of the public official or member of the public official's immediate family who
46 attended the event or activity or received the benefit of the expenditure; and
47 (III) the total monetary worth of the benefit conferred on the public official or member of
48 the public official's immediate family;
49 (iv) a list of each public official who was employed by the lobbyist, principal, or
50 government officer or who performed work as an independent contractor for the lobbyist,
51 principal, or government officer during the last year that details the nature of the employment or
52 contract;
53 (v) each bill or resolution by number and short title on behalf of which the lobbyist,
54 principal, or government officer made an expenditure to a public official for which a report is
55 required by this section, if any;
56 (vi) a description of each executive action on behalf of which the lobbyist, principal, or

57 government officer made an expenditure to a public official for which a report is required by this
58 section, if any; and
59 (vii) the general purposes, interests, and nature of the organization or organizations that
60 the lobbyist, principal, or government officer filing the report represents.
61 (2) (a) As used in this Subsection (2):
62 (i) "Lobbyist group" means two or more lobbyists, principals, government officers, and
63 any combination of lobbyists, principals, and officers who each contribute a portion of an
64 expenditure made to benefit a public employee or member of his immediate family.
65 (ii) "Multi-client lobbyist" means a single lobbyist, principal, or government officer who
66 represents two or more clients and divides the aggregate daily expenditure made to benefit a public
67 employee or member of his immediate family between two or more of those clients.
68 (b) When a lobbyist group combines to make aggregate daily expenditures to benefit
69 public officials or members of their immediate families, and the total aggregate daily expenditure
70 of the lobbyist group exceeds $50 per person, each member of the lobbyist group shall disclose on
71 the reports required by this section:
72 (i) the date, location, and purpose of the event, activity, or expenditure;
73 (ii) the name of the public official or member of the public official's immediate family who
74 attended the event or activity or received the benefit of the expenditure; and
75 (iii) the total monetary worth of the benefit conferred on the public official or member of
76 the public official's immediate family by the lobbyist group and the total monetary worth of the
77 benefit conferred upon the public official or member of the public official's immediate family by
78 the lobbyist, principal, or government officer filing the report;
79 (iv) a list of each public official who was employed by the lobbyist, principal, or
80 government officer or who performed work as an independent contractor for the lobbyist,
81 principal, or government officer during the last year that details the nature of the employment or
82 contract;
83 (v) each bill or resolution by number and short title on behalf of which the lobbyist,
84 principal, or government officer made an expenditure to a public official for which a report is
85 required by this section, if any;
86 (vi) a description of each executive action on behalf of which the lobbyist, principal, or
87 government officer made an expenditure to a public official for which a report is required by this

88 section, if any; and
89 (vii) the general purposes, interests, and nature of the organization or organizations that
90 the lobbyist, principal, or government officer filing the report represents.
91 (c) When a multi-client lobbyist makes aggregate daily expenditures to benefit public
92 officials or members of their immediate families, and the sum of the total aggregate daily
93 expenditure for all of the lobbyist's clients exceeds $50 for a public official or family member, the
94 multi-client lobbyist shall, for each client, disclose on the reports required by this section:
95 (i) the date, location, and purpose of the event, activity, or expenditure;
96 (ii) the name of the public official or member of the public official's immediate family who
97 attended the event or activity or received the benefit of the expenditure; and
98 (iii) the total monetary worth of the benefit conferred on the public official or member of
99 the public official's immediate family by all clients and the total monetary worth of the benefit
100 conferred on the public official or member of the public official's immediate family by the client
101 upon whose behalf the report is filed;
102 (iv) a list of each public official who was employed by the lobbyist, principal, or
103 government officer or who performed work as an independent contractor for the lobbyist,
104 principal, or government officer during the last year that details the nature of the employment or
105 contract;
106 (v) each bill or resolution by number and short title on behalf of which the lobbyist,
107 principal, or government officer made an expenditure to a public official for which a report is
108 required by this section, if any;
109 (vi) a description of each executive action on behalf of which the lobbyist, principal, or
110 government officer made an expenditure to a public official for which a report is required by this
111 section, if any; and
112 (vii) the general purposes, interests, and nature of the organization or organizations that
113 the lobbyist, principal, or government officer filing the report represents.
114 [(2)] (3) A related person may not, while assisting a lobbyist, principal, or government
115 officer in lobbying, make an expenditure that benefits a public official or member of the public
116 official's immediate family under circumstances which would otherwise fall within the disclosure
117 requirements of this chapter if the expenditure was made by the lobbyist, principal, or government
118 officer.

119 [(3)] (4) (a) Each lobbyist, principal, and government officer who makes expenditures
120 totaling $50 or more to benefit public officials or members of their immediate families since the
121 date of the last financial report filed shall file a financial report with the lieutenant governor on:
122 (i) the date ten days after the last day of each annual general session;
123 (ii) the date seven days before a regular general election; and
124 (iii) the date seven days after the end of a special session or veto override session.
125 (b) (i) If any date specified in this Subsection (3) falls on a Saturday, Sunday, or legal
126 holiday, the report is due on the next business day or on the next succeeding business day, if the
127 due date falls on a Saturday, Sunday, or legal holiday.
128 (ii) The report shall be considered timely filed if it is postmarked on its due date.
129 (c) Each report shall contain a listing of all expenditures made since the last expenditure
130 reported on the last report filed in the form specified in Subsection (1)(b) and, when applicable,
131 Subsection (2).
132 [(4)] (5) Each financial report filed by a lobbyist shall contain a certification that the
133 information provided in the report is true, accurate, and complete to the lobbyist's best knowledge
134 and belief.
135 [(5)] (6) The lieutenant governor shall:
136 (a) develop preprinted suggested forms for all statements required by this section; and
137 (b) make copies of the forms available to each person who requests them.