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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Lobbyist Disclosure and Regulation Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ makes the provisions of the Lobbyist Disclosure and Regulation Act applicable to a
14 person who lobbies a local official or an education official;
15 ▸ amends rulemaking authority within the Office of the Lieutenant Governor;
16 ▸ defines "foreign agent" and requires a foreign agent to register as a foreign agent
17 with the lieutenant governor;
18 ▸ makes changes to the lobbyist license application form;
19 ▸ establishes requirements for a foreign agent registration form;
20 ▸ requires the name tag of a lobbyist who is a foreign agent to indicate that the
21 lobbyist is a foreign agent;
22 ▸ establishes penalties for failure to file as a foreign agent; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 36-11-102, as last amended by Laws of Utah 2018, Chapters 19 and 67
31 36-11-103, as last amended by Laws of Utah 2015, Chapter 188
32 36-11-106, as last amended by Laws of Utah 2002, Chapter 317
33 36-11-201, as last amended by Laws of Utah 2015, Chapter 296
34 36-11-301, as enacted by Laws of Utah 1991, Chapter 280
35 36-11-304, as last amended by Laws of Utah 2015, Chapters 32 and 188
36 36-11-305.5, as enacted by Laws of Utah 2014, Chapter 335
37 36-11-401, as last amended by Laws of Utah 2015, Chapter 258
38 36-11-404, as last amended by Laws of Utah 2008, Chapter 382
39 36-11-405, as enacted by Laws of Utah 1991, Chapter 280
40 63G-23-102, as enacted by Laws of Utah 2018, Chapter 67
41 ENACTS:
42 36-11-103.5, Utah Code Annotated 1953
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 36-11-102 is amended to read:
46 36-11-102. Definitions.
47 As used in this chapter:
48 (1) "Aggregate daily expenditures" means:
49 (a) for a single lobbyist, principal, or government officer, the total of all expenditures
50 made within a calendar day by the lobbyist, principal, or government officer for the benefit of
51 an individual public official;
52 (b) for an expenditure made by a member of a lobbyist group, the total of all
53 expenditures made within a calendar day by every member of the lobbyist group for the benefit
54 of an individual public official; or
55 (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
56 lobbyist within a calendar day for the benefit of an individual public official, regardless of
57 whether the expenditures were attributed to different clients.
58 (2) "Approved activity" means a tour or a meeting:
59 (a) (i) to which a legislator is invited; and
60 (ii) attendance at which is approved by:
61 (A) the speaker of the House of Representatives, if the public official is a member of
62 the House of Representatives; or
63 (B) the president of the Senate, if the public official is a member of the Senate; or
64 (b) (i) to which a public official who holds a position in the executive branch of state
65 government is invited; and
66 (ii) attendance at which is approved by the governor or the lieutenant governor.
67 (3) "Board of education" means:
68 (a) a local school board described in Title 53G, Chapter 4, School Districts;
69 (b) the State Board of Education;
70 (c) the State Charter School Board created under Section 53G-5-201; or
71 (d) a charter school governing board described in Title 53G, Chapter 5, Charter
72 Schools.
73 [
74 63C-9-102.
75 [
76 that is paid, loaned, granted, given, donated, or transferred to an individual for the provision of
77 services or ownership before any withholding required by federal or state law.
78 (b) "Compensation" includes:
79 (i) a salary or commission;
80 (ii) a bonus;
81 (iii) a benefit;
82 (iv) a contribution to a retirement program or account;
83 (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
84 Code, and subject to [
85 of the maximum amount subject to deduction under [
86 (vi) an amount that the individual authorizes to be deducted or reduced for salary
87 deferral or other benefits authorized by federal law; or
88 (vii) income based on an individual's ownership interest.
89 [
90 official in the ordinary course of business:
91 (a) because of the public official's ownership interest in the compensation payor; or
92 (b) for services rendered by the public official on behalf of the compensation payor.
93 (7) "Education action" means:
94 (a) a resolution, policy, or other official action for consideration by a board of
95 education;
96 (b) a nomination or appointment by an education official or a board of education;
97 (c) a vote on an administrative action taken by a vote of a board of education;
98 (d) an adjudicative proceeding over which an education official has direct or indirect
99 control;
100 (e) a purchasing or contracting decision;
101 (f) drafting or making a policy, resolution, or rule;
102 (g) determining a rate or fee; or
103 (h) making an adjudicative decision.
104 (8) "Education official" means:
105 (a) a member of a board of education;
106 (b) an individual appointed to or employed in a position under a board of education if
107 that individual:
108 (i) occupies a policymaking position or makes purchasing or contracting decisions;
109 (ii) drafts resolutions or policies or drafts or makes rules;
110 (iii) determines rates or fees; or
111 (iv) makes adjudicative decisions; or
112 (c) an immediate family member of an individual described in Subsection (8)(a) or (b).
113 [
114 activity that an individual participates in or is a spectator at, including a sporting event, an
115 artistic event, a play, a movie, dancing, or singing.
116 [
117 (a) a nomination or appointment by the governor;
118 (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
119 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
120 (c) agency ratemaking proceedings; or
121 (d) an adjudicative proceeding of a state agency.
122 [
123 (11)(a) when given to or for the benefit of a public official unless consideration of equal or
124 greater value is received:
125 (i) a purchase, payment, or distribution;
126 (ii) a loan, gift, or advance;
127 (iii) a deposit, subscription, or forbearance;
128 (iv) services or goods;
129 (v) money;
130 (vi) real property;
131 (vii) a ticket or admission to an event; or
132 (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
133 any item listed in Subsections [
134 (b) "Expenditure" does not mean:
135 (i) a commercially reasonable loan made in the ordinary course of business;
136 (ii) a campaign contribution:
137 (A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
138 Reporting Requirements[
139 under Subsection 10-3-208(5) or 17-16-6.5(1); or
140 (B) lawfully given to a person that is not required to report the contribution under a law
141 or ordinance described in Subsection (11)(b)(ii)(A).
142 (iii) printed informational material that is related to the performance of the recipient's
143 official duties;
144 (iv) a devise or inheritance;
145 (v) any item listed in Subsection [
146 (A) given by a relative;
147 (B) given by a compensation payor for a purpose solely unrelated to the public
148 official's position as a public official;
149 (C) the item is food or beverage with a value that does not exceed the food
150 reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
151 the food reimbursement rate; or
152 (D) the item is not food or beverage, has a value of less than $10, and the aggregate
153 daily expenditures do not exceed $10;
154 (vi) food or beverage that is provided at an event, a tour, or a meeting to which the
155 following are invited:
156 (A) all members of the Legislature;
157 (B) all members of a standing or interim committee;
158 (C) all members of an official legislative task force;
159 (D) all members of a party caucus; or
160 (E) all members of a group described in Subsections [
161 who are attending a meeting of a national organization whose primary purpose is addressing
162 general legislative policy;
163 (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
164 official who is:
165 (A) giving a speech at the event, tour, or meeting;
166 (B) participating in a panel discussion at the event, tour, or meeting; or
167 (C) presenting or receiving an award at the event, tour, or meeting;
168 (viii) a plaque, commendation, or award that:
169 (A) is presented in public;
170 (B) has the name of the individual receiving the plaque, commendation, or award
171 inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
172 award;
173 (ix) a gift that:
174 (A) is an item that is not consumable and not perishable;
175 (B) a public official, other than a local official or an education official, accepts on
176 behalf of the state;
177 (C) the public official promptly remits to the state;
178 (D) a property administrator does not reject under Section 63G-23-103;
179 (E) does not constitute a direct benefit to the public official before or after the public
180 official remits the gift to the state; and
181 (F) after being remitted to the state, is not transferred, divided, distributed, or used to
182 distribute a gift or benefit to one or more public officials in a manner that would otherwise
183 qualify the gift as an expenditure if the gift were given directly to a public official;
184 (x) a publication having a cash value not exceeding $30;
185 (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
186 which is:
187 (A) to solicit [
188 Chapter 11, Campaign and Financial Reporting Requirements[
189 Section 10-3-208, or Section 17-16-6.5, or an applicable ordinance adopted under Subsection
190 10-3-208(5) or 17-16-6.5(1);
191 (B) to solicit a campaign contribution that a person is not required to report under a law
192 or ordinance described in Subsection (11)(b)(xi)(A); or
193 [
194 (xii) travel to, lodging at, food or beverage served at, and admission to an approved
195 activity;
196 (xiii) sponsorship of an event that is an approved activity;
197 (xiv) notwithstanding Subsection [
198 travel to or from an event, a tour, or a meeting:
199 (A) that is sponsored by a governmental entity; [
200 (B) that is widely attended and related to a governmental duty of a public official; [
201 (C) for a local official, that is sponsored by an organization that represents only local
202 governments, including the Utah Association of Counties, the Utah League of Cities and
203 Towns, or the Utah Association of Special Districts; or
204 (D) for an education official, that is sponsored by a public school, a charter school, or
205 an organization that represents only public schools or charter schools, including the Utah
206 Association of Public Charter Schools, the Utah School Boards Association, or the Utah
207 School Superintendents Association; or
208 (xv) travel to a widely attended tour or meeting related to a governmental duty of a
209 public official if that travel results in a financial savings to [
210 (A) for a public official who is not a local official or an education official, the state; or
211 (B) for a public official who is a local official or an education official, the local
212 government or board of education to which the public official belongs.
213 [
214 Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an
215 employee of the executive branch, for an entire day.
216 (13) (a) "Foreign agent" means an individual who engages in lobbying on behalf of or
217 under the direction of:
218 (i) a foreign government or official of a foreign government; or
219 (ii) a foreign corporation, or official of a foreign corporation, that is owned or
220 controlled by a foreign government.
221 (b) "Foreign agent" does not include an individual who is recognized by the United
222 States Department of State as a duly accredited diplomatic or consular officer of a foreign
223 government.
224 [
225 (i) an individual elected to a position in state or local government, when acting [
226
227 position;
228 (ii) an individual elected to a board of education, when acting in the capacity of a
229 member of a board of education;
230 (iii) an individual appointed to fill a vacancy in a position described in Subsection
231 (14)(a)(i) or (ii), when acting in the capacity of the position; or
232 [
233 government, local government, or a board of education, when acting [
234 capacity of the individual's appointment or employment.
235 (b) "Government officer" does not mean a member of the legislative branch of state
236 government.
237 [
238 (a) a spouse;
239 (b) a child residing in the household; or
240 (c) an individual claimed as a dependent for tax purposes.
241 [
242 (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
243 proposed in either house of the Legislature or its committees or requested by a legislator; and
244 (b) the action of the governor in approving or vetoing legislation.
245 [
246 influencing [
247 action, executive action, local action, or education action.
248 [
249 (i) an individual who is employed by a principal; or
250 (ii) an individual who contracts for economic consideration, other than reimbursement
251 for reasonable travel expenses, with a principal to lobby a public official.
252 (b) "Lobbyist" does not include:
253 (i) a government officer;
254 (ii) a member or employee of the legislative branch of state government;
255 (iii) a person, including a principal, while appearing at, or providing written comments
256 to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
257 Rulemaking Act or Title 63G, Chapter 4, Administrative Procedures Act;
258 (iv) a person participating on or appearing before an advisory or study task force,
259 commission, board, or committee, constituted by the Legislature, a local government, a board
260 of education, or any agency or department of state government, except legislative standing,
261 appropriation, or interim committees;
262 (v) a representative of a political party;
263 (vi) an individual representing a bona fide church solely for the purpose of protecting
264 the right to practice the religious doctrines of the church, unless the individual or church makes
265 an expenditure that confers a benefit on a public official;
266 (vii) a newspaper, television station or network, radio station or network, periodical of
267 general circulation, or book publisher for the purpose of publishing news items, editorials,
268 other comments, or paid advertisements that directly or indirectly urge legislative [
269 executive action, local action, or education action;
270 (viii) an individual who appears on the individual's own behalf before a committee of
271 the Legislature [
272 education, the governing body of a local government, a committee of a local government, or a
273 committee of a board of education, solely for the purpose of testifying in support of or in
274 opposition to legislative [
275 (ix) an individual representing a business, entity, or industry, who:
276 (A) interacts with a public official, in the public official's capacity as a public official,
277 while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
278 interaction or while presenting at a legislative committee meeting at the same time that the
279 registered lobbyist is attending another legislative committee meeting; and
280 (B) does not make an expenditure for, or on behalf of, a public official in relation to the
281 interaction or during the period of interaction.
282 [
283 officers, or any combination of lobbyists, principals, and government officers, who each
284 contribute a portion of an expenditure made to benefit a public official or member of the public
285 official's immediate family.
286 (20) "Local action" means:
287 (a) an ordinance or resolution for consideration by a local government;
288 (b) a nomination or appointment by a local official or a local government;
289 (c) a vote on an administrative action taken by a vote of a local government's
290 legislative body;
291 (d) an adjudicative proceeding over which a local official has direct or indirect control;
292 (e) a purchasing or contracting decision;
293 (f) drafting or making a policy, resolution, or rule;
294 (g) determining a rate or fee; or
295 (h) making an adjudicative decision.
296 (21) "Local government" means:
297 (a) a county, city, town, or metro township;
298 (b) a local district governed by Title 17B, Limited Purpose Local Government Entities
299 - Local Districts;
300 (c) a special service district governed by Title 17D, Chapter 1, Special Service District
301 Act;
302 (d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
303 Government Entities - Community Reinvestment Agency Act;
304 (e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
305 (f) a redevelopment agency; or
306 (g) an interlocal entity or a joint or cooperative undertaking governed by Title 11,
307 Chapter 13, Interlocal Cooperation Act.
308 (22) "Local official" means:
309 (a) an elected member of a local government;
310 (b) an individual appointed to or employed in a position in a local government if that
311 individual:
312 (i) occupies a policymaking position or makes purchasing or contracting decisions;
313 (ii) drafts ordinances or resolutions or drafts or makes rules;
314 (iii) determines rates or fees; or
315 (iv) makes adjudicative decisions; or
316 (c) an immediate family member of an individual described in Subsection (22)(a) or
317 (b).
318 [
319 instruction, or make a decision, including a conference, seminar, or summit.
320 [
321 officer who represents two or more clients and divides the aggregate daily expenditure made to
322 benefit a public official or member of the public official's immediate family between two or
323 more of those clients.
324 [
325 either as an employee or as an independent contractor.
326 [
327 (a) (i) a member of the Legislature;
328 (ii) an individual elected to a position in the executive branch of state government; or
329 (iii) an individual appointed to or employed in a position in the executive or legislative
330 branch of state government if that individual:
331 (A) occupies a policymaking position or makes purchasing or contracting decisions;
332 (B) drafts legislation or makes rules;
333 (C) determines rates or fees; or
334 (D) makes adjudicative decisions; [
335 (b) an immediate family member of a person described in Subsection [
336 (c) a local official; or
337 (d) an education official.
338 [
339 is:
340 (a) (i) a member of the Legislature;
341 (ii) an individual elected to a position in the executive branch of state government;
342 (iii) an individual appointed to or employed in a position in the legislative branch of
343 state government who meets the definition of public official under Subsection [
344 (26)(a)(iii); [
345 (iv) an individual appointed to or employed in a position in the executive branch of
346 state government who meets the definition of public official under Subsection [
347 (26)(a)(iii); [
348 (v) a local official, including a description of the type of local government for which
349 the individual is a local official; or
350 (vi) an education official, including a description of the type of board of education for
351 which the individual is an education official; or
352 (b) an immediate family member of [
353 [
354 [
355 financial report required under Subsection 36-11-201(2)(a).
356 [
357 intentionally assists a lobbyist, principal, or government officer in lobbying.
358 [
359 (a) a spouse[
360 (b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
361 brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin[
362
363 (c) a spouse of an individual described in Subsection (30)(b).
364 [
365 public official, and not primarily for entertainment, including:
366 (a) viewing a facility;
367 (b) viewing the sight of a natural disaster; or
368 (c) assessing a circumstance in relation to which a public official may need to take
369 action within the scope of the public official's duties.
370 Section 2. Section 36-11-103 is amended to read:
371 36-11-103. Lobbyist licensing requirements.
372 (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
373 lieutenant governor by completing the form required by this section.
374 (b) The lieutenant governor shall issue licenses to qualified lobbyists.
375 (c) The lieutenant governor shall prepare a Lobbyist License Application Form that
376 includes:
377 (i) a place for the lobbyist's name and business address;
378 (ii) a place for the following information for each principal for whom the lobbyist
379 works or is hired as an independent contractor:
380 (A) the principal's name;
381 (B) the principal's business address;
382 (C) the name of each public official that the principal employs and the nature of the
383 employment with the public official; and
384 (D) the general purposes, interests, and nature of the principal;
385 (iii) a place for the name and address of the person who paid or will pay the lobbyist's
386 registration fee, if the fee is not paid by the lobbyist;
387 (iv) a place for the lobbyist to disclose:
388 (A) any elected or appointed position that the lobbyist holds in state or local
389 government, if any; and
390 (B) the name of each public official that the lobbyist employs and the nature of the
391 employment with the public official, if any;
392 (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
393 will be reimbursed; [
394 (vi) (A) a statement that an individual is required to register as a foreign agent under
395 Section 36-11-103.5 before engaging in lobbying on behalf of a foreign government or a
396 corporation that is owned or controlled by a foreign government; and
397 (B) a place for the lobbyist to indicate whether the lobbyist would like to register as a
398 foreign agent; and
399 [
400 provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
401 belief.
402 (2) Each lobbyist who obtains a license under this section shall update the licensure
403 information when the lobbyist accepts employment for lobbying by a new client.
404 (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
405 lobbying license to an applicant who:
406 (i) files an application with the lieutenant governor that contains the information
407 required by this section and, if applicable, Section 36-11-103.5; and
408 (ii) pays a $110 filing fee.
409 (b) A license entitles a person to serve as a lobbyist on behalf of one or more principals
410 and expires on December 31 of each even-numbered year.
411 (4) (a) The lieutenant governor may disapprove an application for a lobbying license:
412 (i) if the applicant has been convicted of violating Section 76-8-103, 76-8-107,
413 76-8-108, or 76-8-303 within five years before the date of the lobbying license application;
414 (ii) if the applicant has been convicted of violating Section 76-8-104 or 76-8-304
415 within one year before the date of the lobbying license application;
416 (iii) for the term of any suspension imposed under Section 36-11-401;
417 (iv) if, within one year before the date of the lobbying license application, the applicant
418 has been found to have willingly and knowingly:
419 (A) violated this section or Section 36-11-201, 36-11-301, 36-11-302, 36-11-303,
420 36-11-304, 36-11-305, or 36-11-403; or
421 (B) filed a document required by this chapter that the lobbyist knew contained
422 materially false information or omitted material information; or
423 (v) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter 24,
424 Lobbying Restrictions Act.
425 (b) An applicant may appeal the disapproval in accordance with the procedures
426 established by the lieutenant governor under this chapter and Title 63G, Chapter 4,
427 Administrative Procedures Act.
428 (5) The lieutenant governor shall deposit each license fee into the General Fund as a
429 dedicated credit to be used by the lieutenant governor to pay the cost of administering the
430 license program described in this section.
431 (6) A principal need not obtain a license under this section, but if the principal makes
432 expenditures to benefit a public official without using a lobbyist as an agent to confer those
433 benefits, the principal shall disclose those expenditures as required by Section 36-11-201.
434 (7) Government officers need not obtain a license under this section, but shall disclose
435 any expenditures made to benefit public officials as required by Section 36-11-201.
436 (8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
437 lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
438 reports by Section 36-11-201.
439 Section 3. Section 36-11-103.5 is enacted to read:
440 36-11-103.5. Registering as foreign agent.
441 (1) Before engaging in any lobbying as a foreign agent, a foreign agent shall register
442 with the lieutenant governor under this section.
443 (2) If a lobbyist indicates on the lobbyist license application form described in Section
444 36-11-103, or otherwise indicates to the lieutenant governor that the lobbyist would like to
445 register as a foreign agent, the lieutenant governor shall provide the lobbyist a foreign agent
446 registration form that includes:
447 (a) a place for the lobbyist's name, address, business telephone number, and principal
448 place of business;
449 (b) a place for the lobbyist to list each foreign government, or corporation that is
450 owned or controlled by a foreign government, for which the lobbyist is registering as a foreign
451 agent;
452 (c) a place for the lobbyist to describe the issues on which the lobbyist expects to
453 engage in lobbying as a foreign agent; and
454 (d) a certification for the lobbyist to sign, certifying that the information the lobbyist
455 provided in the form is true, accurate, and complete.
456 (3) (a) A lobbyist who registers as a foreign agent under this section shall update the
457 information in the lobbyist's foreign agent registration form when the lobbyist agrees to lobby
458 on behalf of a foreign government, or corporation that is owned or controlled by a foreign
459 government, that is not listed in the lobbyist's foreign agent registration form.
460 (b) A lobbyist may not lobby on behalf of a foreign government, or a corporation that
461 is owned or controlled by a foreign government, that is not listed in the lobbyist's foreign agent
462 registration form.
463 Section 4. Section 36-11-106 is amended to read:
464 36-11-106. Reports are public documents.
465 (1) Any person may:
466 (a) without charge, inspect a lobbyist license application, foreign agent registration
467 form, or financial report filed with the lieutenant governor in accordance with this chapter; and
468 (b) make a copy of [
469 of the copy.
470 (2) The lieutenant governor shall make financial reports filed in accordance with this
471 chapter available for viewing on the Internet at the lieutenant governor's website within seven
472 calendar days after the report is received by the lieutenant governor.
473 Section 5. Section 36-11-201 is amended to read:
474 36-11-201. Lobbyist, principal, and government officer financial reporting
475 requirements -- Prohibition for related person to make expenditures.
476 (1) (a) (i) Except as provided in Subsection (1)(a)(ii), a lobbyist shall file financial
477 reports with the lieutenant governor on or before the due dates specified in Subsection (2).
478 (ii) A lobbyist who has not made an expenditure during a quarterly reporting period is
479 not required to file a quarterly financial report for that quarterly reporting period.
480 (iii) A lobbyist who is not required to file any quarterly reports under this section for a
481 calendar year shall, on or before January 10 of the following year, file a financial report listing
482 the amount of the expenditures for the entire preceding year as "none."
483 (b) [
484 makes an expenditure during any of the quarterly reporting periods under Subsection (2)(a)
485 shall file a financial report with the lieutenant governor on or before the date that a report for
486 that quarter is due.
487 (c) A government officer is not required to report an expenditure made by the
488 government officer to another government officer if:
489 (i) the government officer making the expenditure is a county government officer and
490 the government officer receiving the expenditure is also a county government officer,
491 regardless of whether the government officers are from the same county;
492 (ii) the government officer making the expenditure is a municipal government officer
493 and the individual receiving the expenditure is also a municipal government officer, regardless
494 of whether the government officers are from the same municipality; or
495 (iii) the government officer making the expenditure is a local government officer and
496 the individual receiving the expenditure is a local government officer in the same local
497 government or in the same type of local government in another jurisdiction.
498 (2) (a) A financial report is due quarterly on the following dates:
499 (i) April 10, for the period of January 1 through March 31;
500 (ii) July 10, for the period of April 1 through June 30;
501 (iii) October 10, for the period of July 1 through September 30; and
502 (iv) January 10, for the period of October 1 through December 31 of the previous year.
503 (b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
504 the report is due on the next succeeding business day.
505 (c) A financial report is timely filed if it is filed electronically before the close of
506 regular office hours on or before the due date.
507 (3) A financial report shall contain:
508 (a) the total amount of expenditures made to benefit any public official during the
509 quarterly reporting period;
510 (b) the total amount of expenditures made, by the type of public official, during the
511 quarterly reporting period;
512 (c) for the financial report due on January 10:
513 (i) the total amount of expenditures made to benefit any public official during the last
514 calendar year; and
515 (ii) the total amount of expenditures made, by the type of public official, during the last
516 calendar year;
517 (d) a disclosure of each expenditure made during the quarterly reporting period to
518 reimburse or pay for travel or lodging for a public official, including:
519 (i) each travel destination and each lodging location;
520 (ii) the name of each public official who benefitted from the expenditure on travel or
521 lodging;
522 (iii) the public official type of each public official named;
523 (iv) for each public official named, a listing of the amount and purpose of each
524 expenditure made for travel or lodging; and
525 (v) the total amount of expenditures listed under Subsection (3)(d)(iv);
526 (e) a disclosure of aggregate daily expenditures greater than $10 made during the
527 quarterly reporting period including:
528 (i) the date and purpose of the expenditure;
529 (ii) the location of the expenditure;
530 (iii) the name of any public official benefitted by the expenditure;
531 (iv) the type of the public official benefitted by the expenditure; and
532 (v) the total monetary worth of the benefit that the expenditure conferred on any public
533 official;
534 (f) for each public official who was employed by the lobbyist, principal, or government
535 officer, a list that provides:
536 (i) the name of the public official; and
537 (ii) the nature of the employment with the public official;
538 (g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
539 principal, or government officer made an expenditure to a public official;
540 (h) a description of each executive action on behalf of which the lobbyist, principal, or
541 government officer made an expenditure to a public official;
542 (i) a description of each local action or education action regarding which the lobbyist,
543 principal, or government officer made an expenditure to a local official or education official;
544 [
545 principal, or government officer filing the report represents; and
546 [
547 accurate, and complete to the lobbyist's best knowledge and belief.
548 (4) A related person may not, while assisting a lobbyist, principal, or government
549 officer in lobbying, make an expenditure that benefits a public official under circumstances that
550 would otherwise fall within the disclosure requirements of this chapter if the expenditure was
551 made by the lobbyist, principal, or government officer.
552 (5) The lieutenant governor shall:
553 (a) (i) develop a preprinted form for a financial report required by this section; and
554 (ii) make copies of the form available to a lobbyist, principal, or government officer
555 who requests a form; and
556 (b) provide a reporting system that allows a lobbyist, principal, or government officer
557 to submit a financial report required by this chapter via the Internet.
558 (6) (a) A lobbyist and a principal shall continue to file a financial report required by
559 this section until the lobbyist or principal files a statement with the lieutenant governor that:
560 [
561 (i) (A) for a lobbyist, states that the lobbyist has ceased lobbying activities; or
562 (B) for a principal, states that the principal no longer employs an individual as a
563 lobbyist;
564 (ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
565 license;
566 (iii) contains a listing, as required by this section, of all previously unreported
567 expenditures that have been made through the date of the statement; and
568 (iv) states that the lobbyist or principal will not make any additional expenditure that is
569 not disclosed on the statement unless the lobbyist or principal complies with the disclosure and
570 licensing requirements of this chapter.
571 (b) Except as provided in Subsection (1)(a)(ii), a [
572
573 a financial report under this section is required to file the report quarterly until the [
574 lobbyist or principal files the statement required by Subsection (6)(a).
575 Section 6. Section 36-11-301 is amended to read:
576 36-11-301. Contingent compensation prohibited.
577 A person may not employ or solicit another person to serve as a lobbyist for
578 compensation contingent in whole or part upon:
579 (1) the passage, defeat, or amendment of legislative action [
580 (2) the approval, modification, or denial of a certain executive action[
581 (3) the passage, defeat, denial, modification, or a certain outcome of a local action; or
582 (4) the passage, defeat, denial, modification, or a certain outcome of an education
583 action.
584 Section 7. Section 36-11-304 is amended to read:
585 36-11-304. Expenditures over certain amounts prohibited -- Exceptions.
586 (1) Except as provided in Subsection (2) or (3), a lobbyist, principal, or government
587 officer may not make or offer to make aggregate daily expenditures that exceed:
588 (a) for food or beverage, the food reimbursement rate; or
589 (b) $10 for expenditures other than food or beverage.
590 (2) A lobbyist, principal, or government officer may make aggregate daily expenditures
591 that exceed the limits described in Subsection (1):
592 (a) for the following items, if the expenditure is reported in accordance with Section
593 36-11-201:
594 (i) food;
595 (ii) beverage;
596 (iii) travel;
597 (iv) lodging; or
598 (v) admission to or attendance at a tour or meeting that is not an approved activity; or
599 (b) if the expenditure is made for a purpose solely unrelated to the public official's
600 position as a public official.
601 (3) This section does not apply to an expenditure made by a government officer to
602 another government officer if:
603 (a) the government officer making the expenditure is a county government officer and
604 the government officer receiving the expenditure is also a county government officer,
605 regardless of whether the government officers are from the same county;
606 (b) the government officer making the expenditure is a municipal government officer
607 and the individual receiving the expenditure is also a municipal government officer, regardless
608 of whether the government officers are from the same municipality; or
609 (c) the government officer making the expenditure is a local government officer and
610 the individual receiving the expenditure is a local government officer in the same local
611 government or in the same type of local government in another jurisdiction.
612 Section 8. Section 36-11-305.5 is amended to read:
613 36-11-305.5. Lobbyist requirements.
614 (1) The lieutenant governor shall issue to each lobbyist a name tag that includes:
615 (a) the word "Lobbyist" in at least 18-point type; [
616 (b) the first and last name of the lobbyist, in at least 18-point type[
617 (c) if the lobbyist is registered as a foreign agent under Section 36-11-103.5, the words
618 "Registered Foreign Agent" in at least 14-point type.
619 (2) [
620 the lobbyist is at the capitol hill complex unless the lobbyist is wearing the name tag described
621 in Subsection (1), with the information described in Subsection (1) in plain view.
622 (3) A lobbyist shall, at the beginning of making a communication to a public official
623 that constitutes lobbying, inform the public official of the identity of the principal on whose
624 behalf the lobbyist is lobbying.
625 Section 9. Section 36-11-401 is amended to read:
626 36-11-401. Penalties.
627 (1) Any person who intentionally violates Section 36-11-103, 36-11-103.5, 36-11-201,
628 36-11-301, 36-11-302, 36-11-303, 36-11-304, 36-11-305, or 36-11-403, is subject to the
629 following penalties:
630 (a) an administrative penalty of up to $1,000 for each violation; and
631 (b) for each subsequent violation of that same section within 24 months, either:
632 (i) an administrative penalty of up to $5,000; or
633 (ii) suspension of the violator's lobbying license for up to one year, if the person is a
634 lobbyist.
635 (2) Any person who intentionally fails to file a financial report required by this chapter,
636 omits material information from a license application form or financial report, or files false
637 information on a license application form or financial report, is subject to the following
638 penalties:
639 (a) an administrative penalty of up to $1,000 for each violation; or
640 (b) suspension of the violator's lobbying license for up to one year, if the person is a
641 lobbyist.
642 (3) Any person who intentionally fails to file a financial report required by this chapter
643 on the date that it is due shall, in addition to the penalties, if any, imposed under Subsection (1)
644 or (2), pay a penalty of up to $50 per day for each day that the report is late.
645 (4) (a) When a lobbyist is convicted of violating Section 76-8-103, 76-8-107, 76-8-108,
646 or 76-8-303, the lieutenant governor shall suspend the lobbyist's license for up to five years
647 from the date of the conviction.
648 (b) When a lobbyist is convicted of violating Section 76-8-104 or 76-8-304, the
649 lieutenant governor shall suspend a lobbyist's license for up to one year from the date of
650 conviction.
651 (5) (a) Any person who intentionally violates Section 36-11-301, 36-11-302, or
652 36-11-303 is guilty of a class B misdemeanor.
653 (b) The lieutenant governor shall suspend the lobbyist license of any person convicted
654 under any of these sections for up to one year.
655 (c) The suspension shall be in addition to any administrative penalties imposed by the
656 lieutenant governor under this section.
657 (d) Any person with evidence of a possible violation of this chapter may submit that
658 evidence to the lieutenant governor for investigation and resolution.
659 (6) A lobbyist who does not complete the training required by Section 36-11-307 is
660 subject to the following penalties:
661 (a) an administrative penalty of up to $1,000 for each failure to complete the training
662 required by Section 36-11-307; and
663 (b) for two or more failures to complete the training required by Section 36-11-307
664 within 24 months, suspension of the lobbyist's lobbying license.
665 (7) Nothing in this chapter creates a third-party cause of action or appeal rights.
666 Section 10. Section 36-11-404 is amended to read:
667 36-11-404. Lieutenant governor's procedures.
668 [
669 (1) The director of elections within the Office of the Lieutenant Governor shall make
670 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that
671 provide:
672 (a) for the appointment of an administrative law judge to adjudicate alleged violations
673 of this [
674 (b) procedures for license applications, disapprovals, suspensions, revocations, and
675 reinstatements that comply with the procedures and requirements of Title 63G, Chapter 4,
676 Administrative Procedures Act.
677 (2) The lieutenant governor shall develop forms needed for the registration and
678 disclosure provisions of this chapter.
679 Section 11. Section 36-11-405 is amended to read:
680 36-11-405. Construction and interpretation -- Freedom of expression,
681 participation, and press.
682 (1) No provision of this chapter may be construed[
683
684 (a) a person's right of freedom of expression and participation in government
685 [
686 (b) freedom of the press.
687 (2) This chapter does not prevent a local government or public education entity from
688 enacting an ordinance or adopting a policy, that the local government or public education entity
689 otherwise has the lawful authority to enact or adopt, that is stricter than the requirements of this
690 chapter.
691 Section 12. Section 63G-23-102 is amended to read:
692 63G-23-102. Definitions.
693 As used in this chapter:
694 (1) "Public official" means the same as that term is defined in Section 36-11-102.
695 (2) "Public official" includes a judge or justice of:
696 (a) the Utah Supreme Court;
697 (b) the Utah Court of Appeals; or
698 (c) a district court.
699 (3) "Public official" does not include a local official or an education official as defined
700 in Section 36-11-102.