H.B. 274

1

LOBBYIST DISCLOSURE AND REGULATION ACT
2 AMENDMENTS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patrice M. Arent
6 Senate Sponsor: Benjamin M. McAdams
7 Cosponsors:
8 Johnny Anderson
9 Joel K. Briscoe
10 Derek E. Brown
11 David G. Butterfield
12 LaVar ChristensenSteve Eliason
Stephen G. Handy
Jim Nielson
Lee B. Perry
Jeremy A. Peterson
Val L. PetersonDixon M. Pitcher
Holly J. Richardson
Douglas Sagers
Dean Sanpei
Brad R. Wilson 13
14 LONG TITLE
15 General Description:
16 This bill amends the Lobbyist Disclosure and Regulation Act to apply lobbyist
17 disclosure and regulation provisions to a legislator elect.
18 Highlighted Provisions:
19 This bill:
20 . modifies definitions to apply lobbyist disclosure and regulation provisions to a
21 legislator elect; and
22 . makes technical and conforming changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:

29 36-11-102, as last amended by Laws of Utah 2010, Chapter 325
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 36-11-102 is amended to read:
33 36-11-102. Definitions.
34 As used in this chapter:
35 (1) "Aggregate daily expenditures" means:
36 (a) for a single lobbyist, principal, or government officer, the total of all expenditures
37 made within a calendar day by the lobbyist, principal, or government officer for the benefit of
38 an individual public official;
39 (b) for an expenditure made by a member of a lobbyist group, the total of all
40 expenditures made within a calendar day by every member of the lobbyist group for the benefit
41 of an individual public official; or
42 (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
43 lobbyist within a calendar day for the benefit of an individual public official, regardless of
44 whether the expenditures were attributed to different clients.
45 (2) "Approved meeting or activity" means a meeting or activity:
46 (a) to which a legislator or legislator elect is invited; and
47 (b) attendance at which is approved by:
48 (i) the speaker of the House of Representatives, if the [public official is] legislator or
49 legislator elect is or will be a member of the House of Representatives; or
50 (ii) the president of the Senate, if the [public official is] legislator or legislator elect is
51 or will be a member of the Senate.
52 (3) (a) "Compensation" means anything of economic value, however designated, that is
53 paid, loaned, granted, given, donated, or transferred to an individual for the provision of
54 services or ownership before any withholding required by federal or state law.
55 (b) "Compensation" includes:
56 (i) a salary or commission;
57 (ii) a bonus;
58 (iii) a benefit;
59 (iv) a contribution to a retirement program or account;

60 (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
61 Code, and subject to Social Security deductions, including a payment in excess of the
62 maximum amount subject to deduction under Social Security law;
63 (vi) an amount that the individual authorizes to be deducted or reduced for salary
64 deferral or other benefits authorized by federal law; or
65 (vii) income based on an individual's ownership interest.
66 (4) "Compensation payor" means a person who pays compensation to a public official
67 in the ordinary course of business:
68 (a) because of the public official's ownership interest in the compensation payor; or
69 (b) for services rendered by the public official on behalf of the compensation payor.
70 (5) "Executive action" means:
71 (a) a nomination or appointment by the governor;
72 (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
73 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
74 (c) agency ratemaking proceedings; or
75 (d) an adjudicative proceeding of a state agency.
76 (6) (a) "Expenditure" means any of the items listed in this Subsection (6)(a) when
77 given to or for the benefit of a public official unless consideration of equal or greater value is
78 received:
79 (i) a purchase, payment, or distribution;
80 (ii) a loan, gift, or advance;
81 (iii) a deposit, subscription, or forbearance;
82 (iv) services or goods;
83 (v) money;
84 (vi) real property;
85 (vii) a ticket or admission to a sporting, recreational, or artistic event; or
86 (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
87 any item listed in Subsections (6)(a)(i) through (vii).
88 (b) "Expenditure" does not mean:
89 (i) a commercially reasonable loan made in the ordinary course of business;
90 (ii) a campaign contribution reported in accordance with Title 20A, Chapter 11,

91 Campaign and Financial Reporting Requirements;
92 (iii) printed informational material that is related to the performance of the recipient's
93 official duties;
94 (iv) a devise or inheritance;
95 (v) any item listed in Subsection (6)(a) if:
96 (A) given by a relative;
97 (B) given by a compensation payor for a purpose solely unrelated to the public
98 official's position as a public official; or
99 (C) (I) the item has a value of less than $10; and
100 (II) the aggregate daily expenditures do not exceed $10;
101 (vi) food or beverage that is provided at an event to which the following are invited:
102 (A) all members of the Legislature;
103 (B) all members of a standing or interim committee;
104 (C) all members of an official legislative task force;
105 (D) all members of a party caucus; [or]
106 (E) all legislators elect; or
107 [(E)] (F) all members of a group described in Subsections (6)(b)(vi)(A) through (D)
108 who are attending a meeting of a national organization whose primary purpose is addressing
109 general legislative policy;
110 (vii) food or beverage that is provided at an event to a public official who is:
111 (A) giving a speech at the event;
112 (B) participating in a panel discussion at the event; or
113 (C) presenting or receiving an award at the event;
114 (viii) a plaque, commendation, or award presented in public and having a cash value
115 not exceeding $50;
116 (ix) admission to or attendance at an event, the primary purpose of which is:
117 (A) to solicit contributions reportable under:
118 (I) Title 20A, Chapter 11, Campaign and Financial Reporting Requirements; or
119 (II) 2 U.S.C. Sec. 434; or
120 (B) charitable solicitation, as defined in Section 13-22-2 ;
121 (x) travel to, lodging at, food or beverage served at, and admission to an approved

122 meeting or activity; or
123 (xi) sponsorship of an official event or official entertainment of an approved meeting
124 or activity.
125 (7) (a) "Government officer" means:
126 (i) an individual elected to a position in state or local government, when acting within
127 the government officer's official capacity; or
128 (ii) an individual appointed to or employed in a full-time position by state or local
129 government, when acting within the scope of the individual's employment.
130 (b) "Government officer" does not mean a member of the legislative branch of state
131 government.
132 (8) "Immediate family" means:
133 (a) a spouse;
134 (b) a child residing in the household; or
135 (c) an individual claimed as a dependent for tax purposes.
136 (9) "Legislative action" means:
137 (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
138 proposed in either house of the Legislature or its committees or requested by a legislator or
139 legislator elect; and
140 (b) the action of the governor in approving or vetoing legislation.
141 (10) (a) "Legislator elect" means an individual who:
142 (i) has received a certificate of election from the lieutenant governor in accordance
143 with Section 20A-4-306 ; and
144 (ii) has not begun the individual's term of office in accordance with Utah Constitution
145 Article VI, Section 3 or 4.
146 (b) "Legislator elect" does not include an individual who becomes a legislator by
147 appointment by the governor.
148 [(10)] (11) "Lobbying" means communicating with a public official for the purpose of
149 influencing the passage, defeat, amendment, or postponement of legislative or executive action.
150 [(11)] (12) (a) "Lobbyist" means:
151 (i) an individual who is employed by a principal; or
152 (ii) an individual who contracts for economic consideration, other than reimbursement

153 for reasonable travel expenses, with a principal to lobby a public official.
154 (b) "Lobbyist" does not include:
155 (i) a government officer;
156 (ii) a member or employee of the legislative branch of state government;
157 (iii) a person while appearing at, or providing written comments to, a hearing
158 conducted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act or
159 Title 63G, Chapter 4, Administrative Procedures Act;
160 (iv) a person participating on or appearing before an advisory or study task force,
161 commission, board, or committee, constituted by the Legislature or any agency or department
162 of state government, except legislative standing, appropriation, or interim committees;
163 (v) a representative of a political party;
164 (vi) an individual representing a bona fide church solely for the purpose of protecting
165 the right to practice the religious doctrines of the church, unless the individual or church makes
166 an expenditure that confers a benefit on a public official;
167 (vii) a newspaper, television station or network, radio station or network, periodical of
168 general circulation, or book publisher for the purpose of publishing news items, editorials,
169 other comments, or paid advertisements that directly or indirectly urge legislative or executive
170 action; or
171 (viii) an individual who appears on the individual's own behalf before a committee of
172 the Legislature or an agency of the executive branch of state government solely for the purpose
173 of testifying in support of or in opposition to legislative or executive action.
174 [(12)] (13) "Lobbyist group" means two or more lobbyists, principals, government
175 officers, or any combination of lobbyists, principals, and officers who each contribute a portion
176 of an expenditure made to benefit a public official or member of the public official's immediate
177 family.
178 [(13)] (14) "Multiclient lobbyist" means a single lobbyist, principal, or government
179 officer who represents two or more clients and divides the aggregate daily expenditure made to
180 benefit a public official or member of the public official's immediate family between two or
181 more of those clients.
182 [(14)] (15) "Principal" means a person that employs an individual to perform lobbying,
183 either as an employee or as an independent contractor.

184 [(15)] (16) "Public official" means:
185 (a) (i) a member of the Legislature;
186 (ii) a legislator elect;
187 [(ii)] (iii) an individual elected to a position in the executive branch of state
188 government; or
189 [(iii)] (iv) an individual appointed to or employed in a position in the executive or
190 legislative branch of state government if that individual:
191 (A) occupies a policymaking position or makes purchasing or contracting decisions;
192 (B) drafts legislation or makes rules;
193 (C) determines rates or fees; or
194 (D) makes adjudicative decisions; or
195 (b) an immediate family member of a person described in Subsection [(15)] (16)(a).
196 [(16)] (17) "Public official type" means a notation to identify whether a public official
197 is:
198 (a) (i) a member of the Legislature;
199 (ii) a legislator elect;
200 [(ii)] (iii) an individual elected to a position in the executive branch of state
201 government;
202 [(iii)] (iv) an individual appointed to or employed in a position in the legislative branch
203 of state government who meets the definition of public official under Subsection [(15)(a)(iii)]
204 (16)(a)(iv); or
205 [(iv)] (v) an individual appointed to or employed in a position in the executive branch
206 of state government who meets the definition of public official under Subsection [(15)(a)(iii)]
207 (16)(a)(iv); or
208 (b) an immediate family member of a person described in Subsection [(15)] (16)(b).
209 [(17)] (18) "Quarterly reporting period" means the three-month period covered by each
210 financial report required under Subsection 36-11-201 (2)(a).
211 [(18)] (19) "Related person" means a person, agent, or employee who knowingly and
212 intentionally assists a lobbyist, principal, or government officer in lobbying.
213 [(19)] (20) "Relative" means a spouse, child, parent, grandparent, grandchild, brother,
214 sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or

215 spouse of any of these individuals.




Legislative Review Note
as of 2-2-11 5:18 PM

Office of Legislative Research and General Counsel