Senator Karen Mayne proposes the following substitute bill:





Chief Sponsor: Karen Mayne

House Sponsor: Brad King


9     General Description:
10          This bill amends provisions of the Lobbyist Disclosure and Regulation Act in relation
11     to limitations and reporting for food and awards.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that an expenditure does not include a plaque, commendation, or award
15     that is presented in public and has the name of the individual receiving the plaque,
16     commendation, or award inscribed, etched, printed, or otherwise permanently
17     marked on the plaque, commendation, or award; and
18          ▸     amends limitations and reporting requirements relating to food and beverages.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          36-11-102, as last amended by Laws of Utah 2014, Chapter 335

26          36-11-304, as repealed and reenacted by Laws of Utah 2010, Chapter 325

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 36-11-102 is amended to read:
30          36-11-102. Definitions.
31          As used in this chapter:
32          (1) "Aggregate daily expenditures" means:
33          (a) for a single lobbyist, principal, or government officer, the total of all expenditures
34     made within a calendar day by the lobbyist, principal, or government officer for the benefit of
35     an individual public official;
36          (b) for an expenditure made by a member of a lobbyist group, the total of all
37     expenditures made within a calendar day by every member of the lobbyist group for the benefit
38     of an individual public official; or
39          (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
40     lobbyist within a calendar day for the benefit of an individual public official, regardless of
41     whether the expenditures were attributed to different clients.
42          (2) "Approved meeting or activity" means a meeting or activity:
43          (a) (i) to which a legislator is invited; and
44          (ii) attendance at which is approved by:
45          (A) the speaker of the House of Representatives, if the public official is a member of
46     the House of Representatives; or
47          (B) the president of the Senate, if the public official is a member of the Senate; or
48          (b) (i) to which a public official who holds a position in the executive branch of state
49     government is invited; and
50          (ii) attendance at which is approved by the governor or the lieutenant governor.
51          (3) "Capitol hill complex" is as defined in Section 63C-9-102.
52          (4) (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          (5) "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          (6) "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          (7) (a) "Expenditure" means any of the items listed in this Subsection (7)(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 (7)(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 (7)(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) the item is food or beverage with a value that does not exceed the food
100     reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
101     the food reimbursement rate; or
102          [(C) (I)] (D) the item is not food or beverage, has a value of less than $10[;], and [(II)]
103     the aggregate daily expenditures do not exceed $10;
104          (vi) food or beverage that is provided at an event to which the following are invited:
105          (A) all members of the Legislature;
106          (B) all members of a standing or interim committee;
107          (C) all members of an official legislative task force;
108          (D) all members of a party caucus; or
109          (E) all members of a group described in Subsections (7)(b)(vi)(A) through (D) who are
110     attending a meeting of a national organization whose primary purpose is addressing general
111     legislative policy;
112          (vii) food or beverage that is provided at an event to a public official who is:
113          (A) giving a speech at the event;
114          (B) participating in a panel discussion at the event; or
115          (C) presenting or receiving an award at the event;
116          (viii) a plaque, commendation, or award that:
117          (A) is presented in public [and having a cash value not exceeding $50]; and
118          (B) has the name of the individual receiving the plaque, commendation, or award

119     inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
120     award;
121          (ix) admission to or attendance at an event, the primary purpose of which is:
122          (A) to solicit contributions reportable under:
123          (I) Title 20A, Chapter 11, Campaign and Financial Reporting Requirements; or
124          (II) 2 U.S.C. Sec. 434; or
125          (B) charitable solicitation, as defined in Section 13-22-2;
126          (x) travel to, lodging at, food or beverage served at, and admission to an approved
127     meeting or activity;
128          (xi) sponsorship of an official event or official entertainment of an approved meeting
129     or activity;
130          (xii) notwithstanding Subsection (7)(a)(vii), admission to or attendance at an event:
131          (A) that is sponsored by a governmental entity; or
132          (B) that is widely attended and related to a governmental duty of a public official; or
133          (xiii) travel to a widely attended event related to a governmental duty of a public
134     official if that travel results in a financial savings to the state.
135          (8) "Food reimbursement rate" means the total amount set by the director of the
136     Division of Finance, by rule, under Subsection 63A-3-107, for in-state meal reimbursement, for
137     an employee of the executive branch, for an entire day.
138          [(8)] (9) (a) "Government officer" means:
139          (i) an individual elected to a position in state or local government, when acting within
140     the government officer's official capacity; or
141          (ii) an individual appointed to or employed in a full-time position by state or local
142     government, when acting within the scope of the individual's employment.
143          (b) "Government officer" does not mean a member of the legislative branch of state
144     government.
145          [(9)] (10) "Immediate family" means:
146          (a) a spouse;
147          (b) a child residing in the household; or
148          (c) an individual claimed as a dependent for tax purposes.
149          [(10)] (11) "Legislative action" means:

150          (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
151     proposed in either house of the Legislature or its committees or requested by a legislator; and
152          (b) the action of the governor in approving or vetoing legislation.
153          [(11)] (12) "Lobbying" means communicating with a public official for the purpose of
154     influencing the passage, defeat, amendment, or postponement of legislative or executive action.
155          [(12)] (13) (a) "Lobbyist" means:
156          (i) an individual who is employed by a principal; or
157          (ii) an individual who contracts for economic consideration, other than reimbursement
158     for reasonable travel expenses, with a principal to lobby a public official.
159          (b) "Lobbyist" does not include:
160          (i) a government officer;
161          (ii) a member or employee of the legislative branch of state government;
162          (iii) a person while appearing at, or providing written comments to, a hearing
163     conducted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act or
164     Title 63G, Chapter 4, Administrative Procedures Act;
165          (iv) a person participating on or appearing before an advisory or study task force,
166     commission, board, or committee, constituted by the Legislature or any agency or department
167     of state government, except legislative standing, appropriation, or interim committees;
168          (v) a representative of a political party;
169          (vi) an individual representing a bona fide church solely for the purpose of protecting
170     the right to practice the religious doctrines of the church, unless the individual or church makes
171     an expenditure that confers a benefit on a public official;
172          (vii) a newspaper, television station or network, radio station or network, periodical of
173     general circulation, or book publisher for the purpose of publishing news items, editorials,
174     other comments, or paid advertisements that directly or indirectly urge legislative or executive
175     action; or
176          (viii) an individual who appears on the individual's own behalf before a committee of
177     the Legislature or an agency of the executive branch of state government solely for the purpose
178     of testifying in support of or in opposition to legislative or executive action.
179          [(13)] (14) "Lobbyist group" means two or more lobbyists, principals, government
180     officers, or any combination of lobbyists, principals, and officers who each contribute a portion

181     of an expenditure made to benefit a public official or member of the public official's immediate
182     family.
183          [(14)] (15) "Multiclient lobbyist" means a single lobbyist, principal, or government
184     officer who represents two or more clients and divides the aggregate daily expenditure made to
185     benefit a public official or member of the public official's immediate family between two or
186     more of those clients.
187          [(15)] (16) "Principal" means a person that employs an individual to perform lobbying,
188     either as an employee or as an independent contractor.
189          [(16)] (17) "Public official" means:
190          (a) (i) a member of the Legislature;
191          (ii) an individual elected to a position in the executive branch of state government; or
192          (iii) an individual appointed to or employed in a position in the executive or legislative
193     branch of state government if that individual:
194          (A) occupies a policymaking position or makes purchasing or contracting decisions;
195          (B) drafts legislation or makes rules;
196          (C) determines rates or fees; or
197          (D) makes adjudicative decisions; or
198          (b) an immediate family member of a person described in Subsection [(16)] (17)(a).
199          [(17)] (18) "Public official type" means a notation to identify whether a public official
200     is:
201          (a) (i) a member of the Legislature;
202          (ii) an individual elected to a position in the executive branch of state government;
203          (iii) an individual appointed to or employed in a position in the legislative branch of
204     state government who meets the definition of public official under Subsection [(16)]
205     (17)(a)(iii); or
206          (iv) an individual appointed to or employed in a position in the executive branch of
207     state government who meets the definition of public official under Subsection [(16)]
208     (17)(a)(iii); or
209          (b) an immediate family member of a person described in Subsection [(16)] (17)(a).
210          [(18)] (19) "Quarterly reporting period" means the three-month period covered by each
211     financial report required under Subsection 36-11-201(2)(a).

212          [(19)] (20) "Related person" means a person, agent, or employee who knowingly and
213     intentionally assists a lobbyist, principal, or government officer in lobbying.
214          [(20)] (21) "Relative" means a spouse, child, parent, grandparent, grandchild, brother,
215     sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or
216     spouse of any of these individuals.
217          Section 2. Section 36-11-304 is amended to read:
218          36-11-304. Expenditures over certain amounts prohibited -- Exceptions.
219          (1) Except as provided in Subsection (2), a lobbyist, principal, or government officer
220     may not make or offer to make aggregate daily expenditures that exceed [$10.]:
221          (a) for food or beverage, the food reimbursement rate; or
222          (b) $10 for expenditures other than food or beverage.
223          (2) A lobbyist, principal, or government officer may make aggregate daily expenditures
224     that exceed [$10] the limits described in Subsection (1):
225          (a) for the following items, if the expenditure is reported in accordance with Section
226     36-11-201:
227          (i) food;
228          (ii) beverage;
229          (iii) travel;
230          (iv) lodging; or
231          (v) admission to or attendance at a meeting or activity that is not an approved meeting
232     or activity; or
233          (b) if the expenditure is made for a purpose solely unrelated to the public official's
234     position as a public official.