This document includes House Committee Amendments incorporated into the bill on Wed, Feb 28, 2018 at 10:58 AM by lerror.
Representative Val L. Peterson proposes the following substitute bill:




Chief Sponsor: Val L. Peterson

Senate Sponsor: ____________



8     General Description:
9          This bill prohibits lobbying and related action by certain state employees and entities.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     prohibits certain state employees from engaging in lobbying on legislative action;
14          ▸     prohibits certain state entities from taking a public position on legislative action;
15     and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          36-11-102, as last amended by Laws of Utah 2015, Chapters 32, 188, and 264
24     ENACTS:
25          36-11-308, Utah Code Annotated 1953


27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 36-11-102 is amended to read:
29          36-11-102. Definitions.
30          As used in this chapter:
31          (1) "Aggregate daily expenditures" means:
32          (a) for a single lobbyist, principal, or government officer, the total of all expenditures
33     made within a calendar day by the lobbyist, principal, or government officer for the benefit of
34     an individual public official;
35          (b) for an expenditure made by a member of a lobbyist group, the total of all
36     expenditures made within a calendar day by every member of the lobbyist group for the benefit
37     of an individual public official; or
38          (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
39     lobbyist within a calendar day for the benefit of an individual public official, regardless of
40     whether the expenditures were attributed to different clients.
41          (2) "Approved activity" means a tour or a meeting:
42          (a) (i) to which a legislator is invited; and
43          (ii) attendance at which is approved by:
44          (A) the speaker of the House of Representatives, if the public official is a member of
45     the House of Representatives; or
46          (B) the president of the Senate, if the public official is a member of the Senate; or
47          (b) (i) to which a public official who holds a position in the executive branch of state
48     government is invited; and
49          (ii) attendance at which is approved by the governor or the lieutenant governor.
50          (3) "Capitol hill complex" means the same as that term is defined in Section
51     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) "Event" means entertainment, a performance, a contest, or a recreational activity
71     that an individual participates in or is a spectator at, including a sporting event, an artistic
72     event, a play, a movie, dancing, or singing.
73          (7) "Executive action" means:
74          (a) a nomination or appointment by the governor;
75          (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
76     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
77          (c) agency ratemaking proceedings; or
78          (d) an adjudicative proceeding of a state agency.
79          (8) (a) "Expenditure" means any of the items listed in this Subsection (8)(a) when
80     given to or for the benefit of a public official unless consideration of equal or greater value is
81     received:
82          (i) a purchase, payment, or distribution;
83          (ii) a loan, gift, or advance;
84          (iii) a deposit, subscription, or forbearance;
85          (iv) services or goods;
86          (v) money;
87          (vi) real property;

88          (vii) a ticket or admission to an event; or
89          (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
90     any item listed in Subsections (8)(a)(i) through (vii).
91          (b) "Expenditure" does not mean:
92          (i) a commercially reasonable loan made in the ordinary course of business;
93          (ii) a campaign contribution reported in accordance with Title 20A, Chapter 11,
94     Campaign and Financial Reporting Requirements;
95          (iii) printed informational material that is related to the performance of the recipient's
96     official duties;
97          (iv) a devise or inheritance;
98          (v) any item listed in Subsection (8)(a) if:
99          (A) given by a relative;
100          (B) given by a compensation payor for a purpose solely unrelated to the public
101     official's position as a public official;
102          (C) the item is food or beverage with a value that does not exceed the food
103     reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
104     the food reimbursement rate; or
105          (D) the item is not food or beverage, has a value of less than $10, and the aggregate
106     daily expenditures do not exceed $10;
107          (vi) food or beverage that is provided at an event, a tour, or a meeting to which the
108     following are invited:
109          (A) all members of the Legislature;
110          (B) all members of a standing or interim committee;
111          (C) all members of an official legislative task force;
112          (D) all members of a party caucus; or
113          (E) all members of a group described in Subsections (8)(b)(vi)(A) through (D) who are
114     attending a meeting of a national organization whose primary purpose is addressing general
115     legislative policy;
116          (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
117     official who is:
118          (A) giving a speech at the event;

119          (B) participating in a panel discussion at the event; or
120          (C) presenting or receiving an award at the event;
121          (viii) a plaque, commendation, or award that:
122          (A) is presented in public;
123          (B) has the name of the individual receiving the plaque, commendation, or award
124     inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
125     award;
126          (ix) a publication having a cash value not exceeding $30;
127          (x) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
128     which is:
129          (A) to solicit contributions reportable under:
130          (I) Title 20A, Chapter 11, Campaign and Financial Reporting Requirements; or
131          (II) 2 U.S.C. Sec. 434; or
132          (B) charitable solicitation, as defined in Section 13-22-2;
133          (xi) travel to, lodging at, food or beverage served at, and admission to an approved
134     activity;
135          (xii) sponsorship of an event that is an approved activity;
136          (xiii) notwithstanding Subsection (8)(a)(vii), admission to, attendance at, or travel to or
137     from an event, a tour, or a meeting:
138          (A) that is sponsored by a governmental entity; or
139          (B) that is widely attended and related to a governmental duty of a public official; or
140          (xiv) travel to a widely attended tour or meeting related to a governmental duty of a
141     public official if that travel results in a financial savings to the state.
142          (9) "Food reimbursement rate" means the total amount set by the director of the
143     Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an
144     employee of the executive branch, for an entire day.
145          (10) (a) "Government officer" means:
146          (i) an individual elected to a position in state or local government, when acting within
147     the government officer's official capacity; or
148          (ii) an individual appointed to or employed in a full-time position by state or local
149     government, when acting within the scope of the individual's employment.

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

181     other comments, or paid advertisements that directly or indirectly urge legislative or executive
182     action;
183          (viii) an individual who appears on the individual's own behalf before a committee of
184     the Legislature or an agency of the executive branch of state government solely for the purpose
185     of testifying in support of or in opposition to legislative or executive action; or
186          (ix) an individual representing a business, entity, or industry, who:
187          (A) interacts with a public official, in the public official's capacity as a public official,
188     while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
189     interaction or while presenting at a legislative committee meeting at the same time that the
190     registered lobbyist is attending another legislative committee meeting; and
191          (B) does not make an expenditure for, or on behalf of, a public official in relation to the
192     interaction or during the period of interaction.
193          (15) "Lobbyist group" means two or more lobbyists, principals, government officers, or
194     any combination of lobbyists, principals, and officers who each contribute a portion of an
195     expenditure made to benefit a public official or member of the public official's immediate
196     family.
197          (16) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
198     make a decision, including a conference, seminar, or summit.
199          (17) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
200     who represents two or more clients and divides the aggregate daily expenditure made to benefit
201     a public official or member of the public official's immediate family between two or more of
202     those clients.
203          (18) "Principal" means a person that employs an individual to perform lobbying, either
204     as an employee or as an independent contractor.
205          (19) "Public official" means:
206          (a) (i) a member of the Legislature;
207          (ii) an individual elected to a position in the executive branch of state government; or
208          (iii) an individual appointed to or employed in a position in the executive or legislative
209     branch of state government if that individual:
210          (A) occupies a policymaking position or makes purchasing or contracting decisions;
211          (B) drafts legislation or makes rules;

212          (C) determines rates or fees; or
213          (D) makes adjudicative decisions; or
214          (b) an immediate family member of a person described in Subsection (19)(a).
215          (20) "Public official type" means a notation to identify whether a public official is:
216          (a) (i) a member of the Legislature;
217          (ii) an individual elected to a position in the executive branch of state government;
218          (iii) an individual appointed to or employed in a position in the legislative branch of
219     state government who meets the definition of public official under Subsection (19)(a)(iii); or
220          (iv) an individual appointed to or employed in a position in the executive branch of
221     state government who meets the definition of public official under Subsection (19)(a)(iii); or
222          (b) an immediate family member of a person described in Subsection (19)(a).
223          (21) "Quarterly reporting period" means the three-month period covered by each
224     financial report required under Subsection 36-11-201(2)(a).
225          (22) "Related person" means a person, agent, or employee who knowingly and
226     intentionally assists a lobbyist, principal, or government officer in lobbying.
227          (23) "Relative" means a spouse, child, parent, grandparent, grandchild, brother, sister,
228     parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or spouse
229     of any of these individuals.
230          (24) (a) "State employee" means an individual employed by any of the following when
231     acting within the scope or capacity of the individual's employment:
232          (i) the executive branch of state government; or
233          (ii) a local school district.
234          (b) "State employee" does not include:
235          (i) the governor, lieutenant governor, attorney general, state auditor, or state treasurer;
236          (ii) the director of a department of the executive branch of state government;
237          (iii) the state superintendent of public instruction;
238          (iv) the president of a state institution of higher education, as defined in Section
239     53B-3-102;
239a      Ĥ→ (v) a member of a local school board;
240           [
(v)] (vi) ←Ĥ in addition to an individual described in Subsections (24)(b)(i) through
240a      Ĥ→ [
(iv)] (v) ←Ĥ , one
241     designee of the individual, if the individual files a written document with the lieutenant
242     governor specifying the designee;

243          Ĥ→ [
(vi)] (vii) ←Ĥ a state legislator;
244          Ĥ→ [
(vii)] (viii) ←Ĥ an individual employed by the state legislative branch;
245          Ĥ→ [
(viii)] (ix) ←Ĥ a member of the State Board of Education; or
246          Ĥ→ [
(ix)] (x) ←Ĥ a member of the State Tax Commission.
247          (25) (a) "State entity" means:
248          (i) any unit of the state executive branch within a department, including a division, an
249     office, or a bureau; or
250          (ii) a local school district.
251          (b) "State entity" does not include:
252          (i) an executive branch department;
253          (ii) the State Board of Education;
254          (iii) the State Tax Commission; or
255          (iv) the School and Institutional Trust Lands Administration, created in Section
256     53C-1-201.
257          [(24)] (26) "Tour" means visiting a location, for a purpose relating to the duties of a
258     public official, and not primarily for entertainment, including:
259          (a) viewing a facility;
260          (b) viewing the sight of a natural disaster; or
261          (c) assessing a circumstance in relation to which a public official may need to take
262     action within the scope of the public official's duties.
263          Section 2. Section 36-11-308 is enacted to read:
264          36-11-308. Lobbying by certain state employees or entities prohibited --
265     Exceptions.
266          (1) As used in this section only:
267          (a) "Legislative action" means a bill, resolution, amendment, nomination, veto
268     override, or other matter that is:
269          (i) requested by a legislator; or
270          (ii) pending or proposed in either house of the Legislature or a committee of the
271     Legislature.
272          (b) (i) "Lobbying" means an act done with the intent or in a way to influence or tend to
273     influence, directly or indirectly, a legislator to refrain from voting on, or to vote for or against,

274     legislative action.
275          (ii) "Lobbying" does not include:
276          (A) requesting a legislator to sponsor legislation;
277          (B) testifying before a legislative body, including a legislative committee or task force;
278     or
279          (C) answering questions asked by a legislator.
280          (2) A state employee may not engage in lobbying.
281          (3) A state entity may not take a public position on legislative action.
282          (4) This section does not prohibit an individual from exercising the individual's right to
283     free speech on the individual's own behalf by lobbying outside of the individual's scope or
284     capacity of employment as a state employee.