S.B. 123

1

RESTRICTIONS ON LOBBYING EXPENDITURES -
2 PUBLIC EDUCATION
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Scott K. Jenkins
6 House Sponsor: Brad L. Dee
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Budgetary Procedures Act by amending the provisions for
11 restricting an agency from using state appropriated money to pay a lobbyist.
12 Highlighted Provisions:
13 This bill:
14 . amends the definition of agency to include a school, a school district, or a charter
15 school;
16 . prohibits a school, a school district, or a charter school from expending state
17 appropriated money to pay a lobbyist; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63J-1-210, as renumbered and amended by Laws of Utah 2009, Chapter 183
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 63J-1-210 is amended to read:
29 63J-1-210. Restrictions on agency expenditures of money -- Lobbyists.
30 (1) As used in this section:
31 (a) (i) "Agency" means [each]:
32 (A) a department, commission, board, council, agency, institution, officer, corporation,
33 fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other
34 administrative unit of the state[.]; or
35 (B) a school, a school district, or a charter school.
36 (ii) "Agency" includes the legislative branch, the judicial branch, the Board of Regents,
37 the board of trustees of each higher education institution, [each] or a higher education
38 institution[, or a public education entity].
39 (b) "Executive action" means action undertaken by the governor, including signing or
40 vetoing legislation, and action undertaken by any official in the executive branch of state
41 government.
42 (c) "Legislative action" means action undertaken by the Utah Legislature or any part of
43 it.
44 (d) "Lobbyist" means a person who is not an employee of an agency who is hired as an
45 independent contractor by the agency to communicate with legislators or the governor for the
46 purpose of influencing the passage, defeat, amendment, or postponement of a legislative action
47 or an executive action.
48 (2) [A state] An agency [or entity] to which [monies are] money is appropriated by the
49 Legislature may not expend any [monies] money to pay a lobbyist.
50 (3) This section does not affect the provisions of Title 36, Chapter 11, Lobbyist
51 Disclosure and Regulation Act.




Legislative Review Note
as of 1-21-11 3:25 PM

Office of Legislative Research and General Counsel