Representative Kraig Powell proposes the following substitute bill:




Chief Sponsor: Kraig Powell

Senate Sponsor: Todd Weiler


8     General Description:
9          This bill requires a lobbyist to file a financial statement relating to a campaign
10     contribution made by a lobbyist of the lobbyist's own behalf.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a lobbyist to file a financial statement relating to campaign contribution
14     made by a lobbyist of the lobbyist's own behalf;
15          ▸     describes the contents of a financial statement described in this bill; and
16          ▸     provides for enforcement of the provisions of this bill.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     ENACTS:
23          20A-11-1801, Utah Code Annotated 1953
24          20A-11-1802, Utah Code Annotated 1953
25          20A-11-1803, Utah Code Annotated 1953


27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 20A-11-1801 is enacted to read:
Part 18. Lobbyist Reporting Requirements

30          20A-11-1801. Definitions.
31          As used in this part:
32          (1) "Lobbyist" means the same as that term is defined in Section 36-11-102.
33          (2) "Personal campaign contribution" means a contribution made by a lobbyist to a
34     candidate on the lobbyist's own behalf.
35          Section 2. Section 20A-11-1802 is enacted to read:
36          20A-11-1802. Financial reporting by a lobbyist.
37          (1) A lobbyist who makes a personal campaign contribution shall file a verified
38     financial statement with the lieutenant governor's office:
39          (a) on January 10, reporting personal campaign contributions made as of December 31
40     of the previous year;
41          (b) seven days before the state political convention of each major political party;
42          (c) seven days before the regular primary election date;
43          (d) on August 31; and
44          (e) seven days before:
45          (i) the municipal general election date; and
46          (ii) the regular general election date.
47          (2) A lobbyist described in Subsection (1) shall report:
48          (a) a detailed listing of all personal campaign contributions made by the lobbyist since
49     the last statement; and
50          (b) for financial statements filed under Subsection (1)(a) through (e), all personal
51     campaign contributions made by the lobbyist as late as five days before the required filing date
52     of the financial statement.
53          (c) A lobbyist is not required to file a financial statement under this section if the
54     lobbyist did not make any personal campaign contributions during the reporting period.
55          (3) The verified financial statement shall include:
56          (a) the name of each candidate to whom the lobbyist gave a personal campaign

57     contribution and the amount of the contribution;
58          (b) for an in-kind contribution that is a personal campaign contribution, the name of the
59     candidate who received the in-kind contribution and the fair market value of the in-kind
60     contribution;
61          (c) the total amount of personal campaign contributions made by the lobbyist;
62          (d) a statement by the lobbyist certifying that, to the best of the lobbyist's knowledge,
63     the financial report is complete and accurate; and
64          (e) a summary page in the form required by the lieutenant governor that identifies:
65          (i) the total personal campaign contributions made by the lobbyist since the last
66     statement; and
67          (ii) total personal campaign contributions made by the lobbyist to date.
68          Section 3. Section 20A-11-1803 is enacted to read:
69          20A-11-1803. Criminal penalties -- Fines.
70          (1) (a) The lieutenant governor shall impose a $100 civil fine against a lobbyist who
71     fails to timely file a financial statement required under this part.
72          (b) A lobbyist who fails to file the financial statement due before the regular primary
73     election, on August 31, before the municipal general election, or before the regular general
74     election is guilty of a class B misdemeanor.
75          (c) The lieutenant governor shall report all violations of Subsection (1)(b) to the
76     attorney general.
77          (2) Within 30 days after the deadline for the filing of the January 10 statement required
78     by this part, the lieutenant governor shall review each filed statement to ensure that:
79          (a) each lobbyist who is required to file a statement has filed one; and
80          (b) each statement contains the information required by this part.
81          (3) If it appears that a lobbyist has failed to file the January 10 statement or that the
82     statement does not conform to the law, the lieutenant governor shall, within five days after the
83     day on which the lieutenant governor discovers the failure or noncompliance, notify the
84     lobbyist of the failure or noncompliance and, after giving the lobbyist notice and an opportunity
85     to be heard, direct the lobbyist to file or amend the statement, as applicable.
86          (4) (a) It is unlawful for a lobbyist to fail to file or amend a statement within seven
87     days after the day on which the lieutenant governor directs the lobbyist to file or amend the

88     statement under Subsection (3).
89          (b) A lobbyist who violates Subsection (4)(a) is guilty of a class B misdemeanor.
90          (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
91     attorney general.
92          (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
93     governor shall impose a civil fine of $1,000 against a lobbyist who violates Subsection (4)(a).