S.B. 149 Enrolled

ETHICS AMENDMENTS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: L. Steven Poulton
John L. Valentine This act modifies the Election Code and the Lobbyist Disclosure and Regulation Act to
require certain reports to be made available on the Internet within a specified time. This act
modifies certain reporting requirements. This act modifies lobbyist financial reporting
requirements to govern situations where multiple lobbyists split expenditures and where a
single lobbyist splits expenditures between multiple clients. This act makes technical
corrections.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-11-1002, as last amended by Chapter 355, Laws of Utah 1997
36-11-106, as last amended by Chapter 338, Laws of Utah 2000
36-11-201, as last amended by Chapter 338, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-11-1002 is amended to read:
20A-11-1002. Retention and public inspection of financial statements -- Written
complaint if statement is false or unlawful.
(1) The chief election officer shall:
(a) make each financial statement required by this chapter:
(i) open to public inspection in the office of the chief election officer; and
(ii) available for viewing on the Internet at the lieutenant governor's website within seven
calendar days after the report is received by the chief election officer;
(b) preserve those statements for at least five years; and
(c) provide certified copies of the financial statements in the same manner as for other
public records.
(2) Any candidate or voter may file a written complaint with the chief election officer

alleging that a filed financial statement does not conform to law or to the truth.
Section 2. Section 36-11-106 is amended to read:
36-11-106. Reports are public documents.
(1) Any person may:
[(1)] (a) without charge, inspect a license application or financial report filed with the
lieutenant governor in accordance with this chapter; and
[(2)] (b) make a copy of a report after paying for the actual costs of the copy.
(2) The lieutenant governor shall make financial reports filed in accordance with this chapter
available for viewing on the Internet at the lieutenant governor's website within seven calendar days
after the report is received by the lieutenant governor.
Section 3. Section 36-11-201 is amended to read:
36-11-201. Lobbyist, principal, and government officer financial reporting
requirements -- Prohibition for related person to make expenditures.
(1) As used in this section, "public official type" means a notation to identify whether the
public official is:
(a) a member of the legislature;
(b) an individual elected to a position in the executive branch;
(c) an individual appointed to or employed in a position in the legislative branch who meets
the definition of public official in Section 36-11-102 ; or
(d) an individual appointed to or employed in a position in the executive branch who meets
the definition of public official in Section 36-11-102 .
[(1)] (2) (a) (i) Each lobbyist, principal, and government officer shall file an annual financial
report with the lieutenant governor on January 10 of each year or on the next succeeding business
day if January 10 falls on a Saturday, Sunday, or legal holiday. The report shall be considered timely
filed if postmarked on its due date.
(ii) The report shall disclose expenditures made to benefit public officials or members of
their immediate families as provided in this section.
(iii) If the lobbyist made no expenditures since the last expenditure reported on the last report

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filed, the lobbyist shall file a financial report listing the amount of expenditures as "none."
(b) The January 10 report shall contain:
(i) (A) the total amount of expenditures made to benefit public officials during the last
calendar year; and
(B) the total amount of expenditures made to benefit public officials by public official type
during the last calendar year ;
(ii) (A) the total travel expenditures that the lobbyist, principal, or government officer made
to benefit public officials and their immediate families during the last calendar year; and
(B) the total travel expenditures that the lobbyist, principal, or government officer made to
benefit public officials and their immediate families by public official type during the last calendar
year; and
[(B)] (C) a travel expenditure statement that:
(I) describes the destination of each trip and its purpose;
(II) identifies the total amount of expenditures made to benefit each public official and
members of the public official's immediate family for each trip;
(III) names all individuals that took each trip;
(IV) identifies the public official type to which each public official belongs;
[(IV)] (V) provides the name and address of the organization that sponsored each trip; and
[(V)] (VI) identifies specific expenditures for food, lodging, gifts, and sidetrips;
(iii) for aggregate daily expenditures made to benefit public officials or members of their
immediate families that are not reportable under Subsection [(1)] (2)(b):
(A) when the amount does not exceed $50 per person:
(I) the date of the expenditure;
(II) the purpose of the expenditure; [and]
(III) the public official type to which each public official belongs; and
[(III)] (IV) the total monetary worth of the benefit conferred on the public officials or
members of their immediate families;
(B) when the amount exceeds $50 per person:

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(I) the date, location, and purpose of the event, activity, or expenditure;
(II) the name of the public official or member of the public official's immediate family who
attended the event or activity or received the benefit of the expenditure; [and]
(III) the public official type to which each public official belongs; and
[(III)] (IV) the total monetary worth of the benefit conferred on the public official or member
of the public official's immediate family;
(iv) a list of each public official who was employed by the lobbyist, principal, or government
officer or who performed work as an independent contractor for the lobbyist, principal, or
government officer during the last year that details the nature of the employment or contract;
(v) each bill or resolution by number and short title on behalf of which the lobbyist,
principal, or government officer made an expenditure to a public official for which a report is
required by this section, if any;
(vi) a description of each executive action on behalf of which the lobbyist, principal, or
government officer made an expenditure to a public official for which a report is required by this
section, if any; and
(vii) the general purposes, interests, and nature of the organization or organizations that the
lobbyist, principal, or government officer filing the report represents.
(c) In reporting expenditures under this section for events to which all legislators are invited,
each lobbyist, principal, and government officer:
(i) may not divide the cost of the event by the number of legislators who actually attend the
event and report that cost as an expenditure made to those legislators;
(ii) shall divide the total cost by the total number of Utah legislators and others invited to
the event and report that quotient as the amount expended for each legislator who actually attended
the event; and
(iii) may not report any expenditure as made to a legislator who did not attend the event.
(3) (a) As used in this Subsection (3):
(i) "Lobbyist group" means two or more lobbyists, principals, government officers, and any
combination of lobbyists, principals, and officers who each contribute a portion of an expenditure

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made to benefit a public official or member of his immediate family.
(ii) "Multi-client lobbyist" means a single lobbyist, principal, or government officer who
represents two or more clients and divides the aggregate daily expenditure made to benefit a public
official or member of his immediate family between two or more of those clients.
(b) When a lobbyist group combines to make aggregate daily expenditures to benefit public
officials or members of their immediate families, and the total aggregate daily expenditure of the
lobbyist group exceeds $50 per person, each member of the lobbyist group shall disclose on the
reports required by this section:
(i) the date, location, and purpose of the event, activity, or expenditure;
(ii) the name of the public official or member of the public official's immediate family who
attended the event or activity or received the benefit of the expenditure;
(iii) the public official type to which each public official belongs;
(iv) the total monetary worth of the benefit conferred on the public official or member of the
public official's immediate family by the lobbyist group and the total monetary worth of the benefit
conferred upon the public official or member of the public official's immediate family by the
lobbyist, principal, or government officer filing the report;
(v) each bill or resolution by number and short title on behalf of which the lobbyist,
principal, or government officer made an expenditure to a public official for which a report is
required by this section, if any;
(vi) a description of each executive action on behalf of which the lobbyist, principal, or
government officer made an expenditure to a public official for which a report is required by this
section, if any; and
(vii) the general purposes, interests, and nature of the organization or organizations that the
lobbyist, principal, or government officer filing the report represents.
(c) When a multi-client lobbyist makes aggregate daily expenditures to benefit public
officials or members of their immediate families, and the sum of the total aggregate daily
expenditure for all of the lobbyist's clients exceeds $50 for a public official or family member, the
multi-client lobbyist shall, for each client, disclose on the reports required by this section:

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(i) the date, location, and purpose of the event, activity, or expenditure;
(ii) the name of the public official or member of the public official's immediate family who
attended the event or activity or received the benefit of the expenditure;
(iii) the public official type to which each public official belongs;
(iv) the total monetary worth of the benefit conferred on the public official or member of the
public official's immediate family by all clients and the total monetary worth of the benefit conferred
on the public official or member of the public official's immediate family by the client upon whose
behalf the report is filed;
(v) each bill or resolution by number and short title on behalf of which the lobbyist,
principal, or government officer made an expenditure to a public official for which a report is
required by this section, if any;
(vi) a description of each executive action on behalf of which the lobbyist, principal, or
government officer made an expenditure to a public official for which a report is required by this
section, if any; and
(vii) the general purposes, interests, and nature of the organization or organizations that the
lobbyist, principal, or government officer filing the report represents.
[(2)] (4) A related person may not, while assisting a lobbyist, principal, or government
officer in lobbying, make an expenditure that benefits a public official or member of the public
official's immediate family under circumstances which would otherwise fall within the disclosure
requirements of this chapter if the expenditure was made by the lobbyist, principal, or government
officer.
[(3)] (5) (a) Each lobbyist, principal, and government officer who makes expenditures
totaling $50 or more to benefit public officials or members of their immediate families since the date
of the last financial report filed shall file a financial report with the lieutenant governor on:
(i) the date ten days after the last day of each annual general session;
(ii) the date seven days before a regular general election; and
(iii) the date seven days after the end of a special session or veto override session.
(b) (i) If any date specified in this Subsection [(3)] (5) falls on a Saturday, Sunday, or legal

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holiday, the report is due on the next business day or on the next succeeding business day, if the due
date falls on a Saturday, Sunday, or legal holiday.
(ii) The report shall be considered timely filed if it is postmarked on its due date.
(c) Each report shall contain a listing of all expenditures made since the last expenditure
reported on the last report filed in the form specified in Subsection [(1)] (2)(b) and, when applicable,
Subsection (3).
[(4)] (6) Each financial report filed by a lobbyist shall contain a certification that the
information provided in the report is true, accurate, and complete to the lobbyist's best knowledge
and belief.
[(5)] (7) The lieutenant governor shall:
(a) develop preprinted suggested forms for all statements required by this section; and
(b) make copies of the forms available to each person who requests them.

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