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H.B. 49
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5 This act modifies the Lobbyist Disclosure and Regulation Act. This act defines gifts and
6 prohibits legislators from receiving certain gifts. This act repeals the existing section
7 governing gifts. This act makes technical corrections.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 36-11-103, as last amended by Chapter 338, Laws of Utah 2000
11 36-11-401, as last amended by Chapter 338, Laws of Utah 2000
12 63-95-403, as renumbered and amended by Chapter 210, Laws of Utah 2000
13 63A-1-105, as last amended by Chapter 176, Laws of Utah 2002
14 63E-1-404, as enacted by Chapter 201, Laws of Utah 2001
15 ENACTS:
16 36-11-501, Utah Code Annotated 1953
17 36-11-502, Utah Code Annotated 1953
18 REPEALS:
19 36-11-304, as enacted by Chapter 192, Laws of Utah 1995
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 36-11-103 is amended to read:
22 36-11-103. Licensing requirements.
23 (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
24 lieutenant governor by completing the form required by this section.
25 (b) The lieutenant governor shall issue licenses to qualified lobbyists.
26 (c) The lieutenant governor shall prepare a Lobbyist License Application Form that
27 includes:
28 (i) a place for the lobbyist's name and business address;
29 (ii) a place for the name and business address of each principal for whom the lobbyist
30 works or is hired as an independent contractor;
31 (iii) a place for the name and address of the person who paid or will pay the lobbyist's
32 registration fee, if the fee is not paid by the lobbyist;
33 (iv) a place for the lobbyist to disclose any elected or appointed position that the
34 lobbyist holds in state or local government, if any;
35 (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
36 will be reimbursed; and
37 (vi) a certification to be signed by the lobbyist that certifies that the information
38 provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
39 belief.
40 (2) Each lobbyist who obtains a license under this section shall update the licensure
41 information when the lobbyist accepts employment for lobbying by a new client.
42 (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
43 lobbying license to an applicant who:
44 (i) files an application with the lieutenant governor that contains the information
45 required by this section; and
46 (ii) pays a $25 filing fee.
47 (b) A license entitles a person to serve as a lobbyist on behalf of one or more principals
48 and expires on December 31 of each even-numbered year.
49 (4) (a) The lieutenant governor may disapprove an application for a lobbying license:
50 (i) if the applicant has been convicted of violating Section 76-8-103 , 76-8-107 ,
51 76-8-108 , or 76-8-303 within five years before the date of the lobbying license application;
52 (ii) if the applicant has been convicted of violating Section 76-8-104 or 76-8-304
53 within one year before the date of the lobbying license application;
54 (iii) for the term of any suspension imposed under Section 36-11-401 ; or
55 (iv) if, within one year before the date of the lobbying license application, the applicant
56 has been found to have willingly and knowingly:
57 (A) violated Section 36-11-103 , 36-11-201 , 36-11-301 , 36-11-302 , 36-11-303 ,
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59 (B) filed a document required by this chapter that the lobbyist knew contained
60 materially false information or omitted material information.
61 (b) An applicant may appeal the disapproval in accordance with the procedures
62 established by the lieutenant governor under this chapter and Title 63, Chapter 46b,
63 Administrative Procedures Act.
64 (5) The lieutenant governor shall deposit license fees in the General Fund.
65 (6) A principal need not obtain a license under this section, but if the principal makes
66 expenditures to benefit a public official without using a lobbyist as an agent to confer those
67 benefits, the principal shall disclose those expenditures as required by Sections 36-11-201 .
68 (7) Government officers need not obtain a license under this section, but shall disclose
69 any expenditures made to benefit public officials as required by Sections 36-11-201 .
70 Section 2. Section 36-11-401 is amended to read:
71 36-11-401. Penalties.
72 (1) Any person who willfully and knowingly violates Section 36-11-103 , 36-11-201 ,
73 36-11-301 , 36-11-302 , 36-11-303 , [
74 subject to the following penalties:
75 (a) an administrative penalty of up to $1,000 for each violation; and
76 (b) for each subsequent violation of that same section within 24 months, either:
77 (i) an administrative penalty of up to $5,000; or
78 (ii) suspension of the violator's lobbying license for up to one year, if the person is a
79 lobbyist.
80 (2) Any person who willfully and knowingly fails to file a financial report required by
81 this chapter, omits material information from a license application form or financial report, or
82 files false information on a license application form or financial report, is subject to the
83 following penalties:
84 (a) an administrative penalty of up to $1,000 for each violation; or
85 (b) suspension of the violator's lobbying license for up to one year, if the person is a
86 lobbyist.
87 (3) Any person who willfully and knowingly fails to file a financial report required by
88 this chapter on the date that it is due shall, in addition to the penalties, if any, imposed under
89 Subsection (1) or (2), pay a penalty of up to $50 per day for each day that the report is late.
90 (4) (a) When a lobbyist is convicted of violating Section 76-8-103 , 76-8-107 , 76-8-108 ,
91 or 76-8-303 , the lieutenant governor shall suspend the lobbyist's license for up to five years
92 from the date of the conviction.
93 (b) When a lobbyist is convicted of violating Section 76-8-104 or 76-8-304 , the
94 lieutenant governor shall suspend a lobbyist's license for up to one year from the date of
95 conviction.
96 (5) (a) Any person who willfully and knowingly violates Section 36-11-301 ,
97 36-11-302 , or 36-11-303 is guilty of a class B misdemeanor.
98 (b) The lieutenant governor shall suspend the lobbyist license of any person convicted
99 under any of these sections for up to one year.
100 (c) The suspension shall be in addition to any administrative penalties imposed by the
101 lieutenant governor under this section.
102 (d) Any person with evidence of a possible violation of this chapter may submit that
103 evidence to the lieutenant governor for investigation and resolution.
104 (6) Nothing in this chapter creates a third-party cause of action or appeal rights.
105 Section 3. Section 36-11-501 is enacted to read:
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107 36-11-501. Definitions.
108 As used in this part:
109 (1) (a) "Gift" means a transfer of real or personal property for less than fair and
110 adequate consideration.
111 (b) "Gift" does not mean:
112 (i) a campaign contribution properly received and reported as required by Title 20A,
113 Chapter 11, Campaign and Financial Reporting Requirements;
114 (ii) compensation, food, beverages, entertainment, transportation, lodging, or other
115 goods or services extended to a legislator by the legislator's private employer;
116 (iii) a usual and customary commercial loan made in the ordinary course of business,
117 without regard to the recipient's status as a legislator, by a person or institution authorized by
118 law to engage in the business of making loans;
119 (iv) unsolicited awards of appreciation, honorary degrees, or bona fide awards in
120 recognition of public service in the form of a certificate, plaque, trophy, desk item, wall
121 memento, or commemorative token of less than $50 value but only if the item is in a form that
122 can not be readily converted to cash;
123 (v) informational, educational, or promotional items, such as books, articles,
124 periodicals, other written materials, audiotapes, videotapes, or other forms of communication
125 with no substantial resale value and related to the performance of the recipient's official duties;
126 (vi) a subscription to a legislative periodical;
127 (vii) anything received from a person related by blood or marriage or a member of the
128 legislator's household unless the donor is acting as an agent or intermediary for another person
129 not so related;
130 (viii) any devise or inheritance from a person related by blood or marriage or a member
131 of the legislator's household unless the donor is acting as an agent or intermediary for another
132 person not so related;
133 (ix) a gift that is not used and, no later than 30 days after receipt, is:
134 (A) returned to the donor; or
135 (B) donated to a public body or to the Department of Administrative Services;
136 (x) a gift or gifts from one member of the Legislature to another member of the
137 Legislature;
138 (xi) anything for which the legislator pays or gives full value;
139 (xii) any service spontaneously extended to a legislator in an emergency situation;
140 (xiii) items received from a bona fide charitable, professional, educational, or business
141 organization to which the legislator belongs as a dues-paying member, if the items are given to
142 all members of the organization without regard to individual members' status or positions held
143 outside of the organization and if the dues paid are not inconsequential when compared to the
144 items received;
145 (xiv) funeral flowers or memorials to a church or a nonprofit organization given to
146 honor a legislator, a person related to the legislator by blood or marriage, or to a member of the
147 legislator's household;
148 (xv) unsolicited flowers, plants, and floral arrangements valued at less than $50;
149 (xvi) items valued at less than $50 for a wedding or 25th or 50th wedding anniversary
150 celebration;
151 (xvii) the cost of admission, attendance, or participation, and of food and beverages
152 consumed, at a public policy activity to which all members of the Legislature or all members of
153 a legislative committee, a legislative subcommittee, or a task force are invited;
154 (xviii) the cost paid, reimbursed, raised, or obtained by or for a public official for
155 attendance or participation, and for food and beverages consumed at, or in connection with, and
156 activities offered at or in connection with, and funds, goods, and services provided at or in
157 connection with, or for conducting, conventions, conferences, or other events sponsored or
158 coordinated by multistate or national organizations of, or including, state governments, state
159 legislatures, or state legislators; or
160 (xix) travel and accommodations provided to a public official when the public official
161 is representing the state in an official or ceremonial capacity, and travel and accommodations
162 provided to a legislator or spouse for which prior approval has been obtained from the
163 president or speaker, when the legislator is representing the Legislature, or a chamber of the
164 Legislature, in an official or ceremonial capacity.
165 (2) "Immediate family" means:
166 (a) the public official's spouse; and
167 (b) children or other persons living in the public official's household.
168 Section 4. Section 36-11-502 is enacted to read:
169 36-11-502. Gifts prohibited.
170 A lobbyist, principal, or government officer may not offer or give a gift valued at more
171 than $5 to any public official or member of the public official's immediate family.
172 Section 5. Section 63-95-403 is amended to read:
173 63-95-403. Penalties for violation.
174 (1) A person who knowingly violates this part:
175 (a) is guilty of a third degree felony if the combined value of any compensation or
176 assets received by the person as a result of the violation is equal to or greater than $10,000; or
177 (b) is guilty of a class A misdemeanor if the combined value of any compensation or
178 assets received by the person as a result of the violation is less than $10,000.
179 (2) (a) In addition to any penalty imposed under Subsection (1), a person that violates
180 this part shall return to the successor of the quasi-governmental entity any compensation or
181 assets received in violation of this part.
182 (b) If the assets received by the person in violation of this part are no longer in the
183 possession of the person, the person shall pay the successor of the quasi-governmental entity an
184 amount equal to the fair market value of the asset at the time the person received the asset.
185 (3) Notwithstanding [
186 Subsection 63-95-401 (2)(b)(i)[
187 (a) the lobbyist is guilty of the crime outlined in Subsection (1)[
188 (b) the crime shall be determined by the value of compensation or assets received by
189 the lobbyist.
190 Section 6. Section 63A-1-105 is amended to read:
191 63A-1-105. Appointment of executive director -- Compensation.
192 (1) The governor shall:
193 (a) appoint the executive director with the consent of the Senate; and
194 (b) establish the executive director's salary within the salary range fixed by the
195 Legislature in Title 67, Chapter 22, State Officer Compensation.
196 (2) The executive director shall serve at the pleasure of the governor.
197 (3) For items donated to the state under Section 36-11-501 , the executive director shall
198 dispose of each donated item by either:
199 (a) assigning the item to a state agency for its official use; or
200 (b) selling the item at a public sale and depositing the net proceeds from the sale into
201 the General Fund.
202 Section 7. Section 63E-1-404 is amended to read:
203 63E-1-404. Penalties for violation.
204 (1) A person who knowingly violates this part:
205 (a) is guilty of a third degree felony if the combined value of any compensation or
206 assets received by the person as a result of the violation is equal to or greater than $10,000; or
207 (b) is guilty of a class A misdemeanor if the combined value of any compensation or
208 assets received by the person as a result of the violation is less than $10,000.
209 (2) (a) In addition to any penalty imposed under Subsection (1), a person that violates
210 this part shall return to the successor of the independent entity any compensation or assets
211 received in violation of this part.
212 (b) If the assets received by the person in violation of this part are no longer in the
213 possession of the person, the person shall pay the successor of the independent entity an
214 amount equal to the fair market value of the asset at the time the person received the asset.
215 (3) Notwithstanding [
216 Subsection 63E-1-402 (2)(b)(i), the lobbyist is guilty of the crime outlined in Subsection (1),
217 which crime shall be determined by the value of compensation or assets received by the
218 lobbyist.
219 Section 8. Repealer.
220 This act repeals:
221 Section 36-11-304, Offering gift or loan -- When prohibited.
Legislative Review Note
as of 9-23-02 3:22 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.