H.B. 369

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 23, 2005 at 11:46 AM by chopkin. --> 1

LOBBYIST REGULATION
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: James A. Ferrin
5
6 LONG TITLE
7 General Description:
8 This bill enacts the Lobbying Restrictions Act, which places restrictions on certain
9 elected and appointed government officers' ability to act as a lobbyist after leaving
10 office.
11 Highlighted Provisions:
12 This bill:
13 . enacts the Lobbying Restrictions Act, which prohibits certain elected and appointed
14 government officials from acting as a lobbyist for H. [ two years ] one year .H after leaving
14a office; and
15 . requires the lieutenant governor to disapprove an application for a lobbyist license
16 when the applicant does not meet the eligibility requirements.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 36-11-103, as last amended by Chapter 27, Laws of Utah 2003
24 ENACTS:
25 67-24-101, Utah Code Annotated 1953
26 67-24-102, Utah Code Annotated 1953
27 67-24-103, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 36-11-103 is amended to read:
31 36-11-103. Licensing requirements.
32 (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
33 lieutenant governor by completing the form required by this section.
34 (b) The lieutenant governor shall issue licenses to qualified lobbyists.
35 (c) The lieutenant governor shall prepare a Lobbyist License Application Form that
36 includes:
37 (i) a place for the lobbyist's name and business address;
38 (ii) a place for the name and business address of each principal for whom the lobbyist
39 works or is hired as an independent contractor;
40 (iii) a place for the name and address of the person who paid or will pay the lobbyist's
41 registration fee, if the fee is not paid by the lobbyist;
42 (iv) a place for the lobbyist to disclose any elected or appointed position that the
43 lobbyist holds in state or local government, if any;
44 (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
45 will be reimbursed; and
46 (vi) a certification to be signed by the lobbyist that certifies that the information
47 provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
48 belief.
49 (2) Each lobbyist who obtains a license under this section shall update the licensure
50 information when the lobbyist accepts employment for lobbying by a new client.
51 (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
52 lobbying license to an applicant who:
53 (i) files an application with the lieutenant governor that contains the information
54 required by this section; and
55 (ii) pays a $25 filing fee.
56 (b) A license entitles a person to serve as a lobbyist on behalf of one or more principals
57 and expires on December 31 of each even-numbered year.
58 (4) (a) The lieutenant governor may disapprove an application for a lobbying license:

59 (i) if the applicant has been convicted of violating Section 76-8-103 , 76-8-107 ,
60 76-8-108 , or 76-8-303 within five years before the date of the lobbying license application;
61 (ii) if the applicant has been convicted of violating Section 76-8-104 or 76-8-304
62 within one year before the date of the lobbying license application;
63 (iii) for the term of any suspension imposed under Section 36-11-401 ; [or]
64 (iv) if, within one year before the date of the lobbying license application, the applicant
65 has been found to have willingly and knowingly:
66 (A) violated Section 36-11-103 , 36-11-201 , 36-11-301 , 36-11-302 , 36-11-303 ,
67 36-11-304 , 36-11-305 , or 36-11-403 ; or
68 (B) filed a document required by this chapter that the lobbyist knew contained
69 materially false information or omitted material information[.]; or
70 (v) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter 24,
71 Lobbying Restrictions Act.
72 (b) An applicant may appeal the disapproval in accordance with the procedures
73 established by the lieutenant governor under this chapter and Title 63, Chapter 46b,
74 Administrative Procedures Act.
75 (5) The lieutenant governor shall deposit license fees in the General Fund.
76 (6) A principal need not obtain a license under this section, but if the principal makes
77 expenditures to benefit a public official without using a lobbyist as an agent to confer those
78 benefits, the principal shall disclose those expenditures as required by Sections 36-11-201 .
79 (7) Government officers need not obtain a license under this section, but shall disclose
80 any expenditures made to benefit public officials as required by Sections 36-11-201 .
81 (8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
82 lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
83 reports by Section 36-11-201 .
84 Section 2. Section 67-24-101 is enacted to read:
85 CHAPTER 24. LOBBYING RESTRICTIONS ACT
86 67-24-101. Title.
87 This chapter is known as the "Lobbying Restrictions Act."
88 Section 3. Section 67-24-102 is enacted to read:
89 67-24-102. Definitions.

90 As used in this chapter:
91 (1) "Lobbying" has the same meaning as defined in Section 36-11-102 .
92 (2) "Lobbyist" has the same meaning as defined in Section 36-11-102 .
93 (3) "State official" means:
94 (a) the governor;
95 (b) the lieutenant governor;
96 (c) a member of the governor's cabinet;
97 (d) the governor's chief of staff;
98 (e) the governor's deputy chief of staff; and
99 (f) the governor's general counsel.
100 Section 4. Section 67-24-103 is enacted to read:
101 67-24-103. Qualified prohibitions on lobbyists.
102 (1) Except as provided in Subsection (2), a former state official may not become a
103 lobbyist or engage in lobbying activities for H. [ two calendar years ] one calendar year .H ,
103a beginning H. on .H the date the state
104 official leaves office and ending on the H. [ two-year ] one-year .H anniversary of that date.
105 (2) This section does not apply if the former state official:
106 (a) engages in lobbying on behalf of himself or a business with which he is associated,
107 other than a business whose primary activity is lobbying or governmental relations; and
108 (b) does not engage in activities that would require registration as a lobbyist.




Legislative Review Note
as of 2-4-05 5:19 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel