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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 with the lieutenant
17 governor as a foreign agent;
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 register as a foreign agent;
23 ▸ amends provisions prohibiting contingent compensation for a lobbyist;
24 ▸ repeals existing provisions in the Local Government and Board of Education
25 Lobbyist Disclosure and Regulation Act, and incorporates those provisions into the
26 Lobbyist Disclosure and Regulation Act; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 36-11-102, as last amended by Laws of Utah 2019, Chapter 363
35 36-11-103, as last amended by Laws of Utah 2019, Chapter 339
36 36-11-106, as last amended by Laws of Utah 2019, Chapter 339
37 36-11-201, as last amended by Laws of Utah 2015, Chapter 296
38 36-11-301, as enacted by Laws of Utah 1991, Chapter 280
39 36-11-304, as last amended by Laws of Utah 2015, Chapters 32 and 188
40 36-11-305.5, as enacted by Laws of Utah 2014, Chapter 335
41 36-11-401, as last amended by Laws of Utah 2019, Chapter 339
42 36-11-404, as last amended by Laws of Utah 2019, Chapter 339
43 36-11-405, as enacted by Laws of Utah 1991, Chapter 280
44 63G-23-102, as enacted by Laws of Utah 2018, Chapter 67
45 ENACTS:
46 36-11-103.5, Utah Code Annotated 1953
47 REPEALS:
48 36-11a-101, as enacted by Laws of Utah 2019, Chapter 363
49 36-11a-102, as enacted by Laws of Utah 2019, Chapter 363
50 36-11a-201, as enacted by Laws of Utah 2019, Chapter 363
51 36-11a-202, as enacted by Laws of Utah 2019, Chapter 363
52 36-11a-203, as enacted by Laws of Utah 2019, Chapter 363
53 36-11a-301, as enacted by Laws of Utah 2019, Chapter 363
54 36-11a-302, as enacted by Laws of Utah 2019, Chapter 363
55 36-11a-303, as enacted by Laws of Utah 2019, Chapter 363
56
57 Be it enacted by the Legislature of the state of Utah:
58 Section 1. Section 36-11-102 is amended to read:
59 36-11-102. Definitions.
60 As used in this chapter:
61 (1) "Aggregate daily expenditures" means:
62 (a) for a single lobbyist, principal, or government officer, the total of all expenditures
63 made within a calendar day by the lobbyist, principal, or government officer for the benefit of
64 an individual public official;
65 (b) for an expenditure made by a member of a lobbyist group, the total of all
66 expenditures made within a calendar day by every member of the lobbyist group for the benefit
67 of an individual public official; or
68 (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
69 lobbyist within a calendar day for the benefit of an individual public official, regardless of
70 whether the expenditures were attributed to different clients.
71 (2) "Approved activity" means an event, a tour, or a meeting:
72 (a) (i) to which a legislator or another nonexecutive branch public official is invited;
73 and
74 (ii) attendance at which is approved by:
75 (A) the speaker of the House of Representatives, if the public official is a member of
76 the House of Representatives or another nonexecutive branch public official; or
77 (B) the president of the Senate, if the public official is a member of the Senate or
78 another nonexecutive branch public official; or
79 (b) (i) to which a public official who holds a position in the executive branch of state
80 government is invited; and
81 (ii) attendance at which is approved by the governor or the lieutenant governor.
82 (3) "Board of education" means:
83 (a) a local school board described in Title 53G, Chapter 4, School Districts;
84 (b) the State Board of Education;
85 (c) the State Charter School Board created under Section 53G-5-201; or
86 (d) a charter school governing board described in Title 53G, Chapter 5, Charter
87 Schools.
88 [
89 63C-9-102.
90 [
91 that is paid, loaned, granted, given, donated, or transferred to an individual for the provision of
92 services or ownership before any withholding required by federal or state law.
93 (b) "Compensation" includes:
94 (i) a salary or commission;
95 (ii) a bonus;
96 (iii) a benefit;
97 (iv) a contribution to a retirement program or account;
98 (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
99 Code, and subject to social security deductions, including a payment in excess of the maximum
100 amount subject to deduction under social security law;
101 (vi) an amount that the individual authorizes to be deducted or reduced for salary
102 deferral or other benefits authorized by federal law; or
103 (vii) income based on an individual's ownership interest.
104 [
105 official in the ordinary course of business:
106 (a) because of the public official's ownership interest in the compensation payor; or
107 (b) for services rendered by the public official on behalf of the compensation payor.
108 (7) "Education action" means:
109 (a) a resolution, policy, or other official action for consideration by a board of
110 education;
111 (b) a nomination or appointment by an education official or a board of education;
112 (c) a vote on an administrative action taken by a vote of a board of education;
113 (d) an adjudicative proceeding over which an education official has direct or indirect
114 control;
115 (e) a purchasing or contracting decision;
116 (f) drafting or making a policy, resolution, or rule;
117 (g) determining a rate or fee;
118 (h) a decision relating to an education budget or the expenditure of public money; or
119 (i) making an adjudicative decision.
120 (8) "Education official" means:
121 (a) a member of a board of education;
122 (b) an individual appointed to or employed in a position under a board of education, if
123 that individual:
124 (i) occupies a policymaking position or makes purchasing or contracting decisions;
125 (ii) drafts resolutions or policies or drafts or makes rules;
126 (iii) determines rates or fees;
127 (iv) makes decisions relating to an education budget or the expenditure of public
128 money; or
129 (v) makes adjudicative decisions; or
130 (c) an immediate family member of an individual described in Subsection (8)(a) or (b).
131 [
132 activity that an individual participates in or is a spectator at, including a sporting event, an
133 artistic event, a play, a movie, dancing, or singing.
134 [
135 (a) a nomination or appointment by the governor;
136 (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
137 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
138 (c) agency ratemaking proceedings; [
139 (d) a decision relating to a government budget or the expenditure of public money; or
140 [
141 [
142 (11)(a) when given to or for the benefit of a public official unless consideration of equal or
143 greater value is received:
144 (i) a purchase, payment, or distribution;
145 (ii) a loan, gift, or advance;
146 (iii) a deposit, subscription, or forbearance;
147 (iv) services or goods;
148 (v) money;
149 (vi) real property;
150 (vii) a ticket or admission to an event; or
151 (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
152 any item listed in Subsections [
153 (b) "Expenditure" does not mean:
154 (i) a commercially reasonable loan made in the ordinary course of business;
155 (ii) a campaign contribution:
156 (A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
157 Reporting Requirements[
158 adopted under Subsection 10-3-208(6) or 17-16-6.5(1); or
159 (B) lawfully given to a person that is not required to report the contribution under a law
160 or ordinance described in Subsection (11)(b)(ii)(A);
161 (iii) printed informational material that is related to the performance of the recipient's
162 official duties;
163 (iv) a devise or inheritance;
164 (v) any item listed in Subsection [
165 (A) given by a relative;
166 (B) given by a compensation payor for a purpose solely unrelated to the public
167 official's position as a public official;
168 (C) the item is food or beverage with a value that does not exceed the food
169 reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
170 the food reimbursement rate; or
171 (D) the item is not food or beverage, has a value of less than $10, and the aggregate
172 daily expenditures do not exceed $10;
173 (vi) food or beverage that is provided at an event, a tour, or a meeting to which the
174 following are invited:
175 (A) all members of the Legislature;
176 (B) all members of a standing or interim committee;
177 (C) all members of an official legislative task force;
178 (D) all members of a party caucus; or
179 (E) all members of a group described in Subsections [
180 who are attending a meeting of a national organization whose primary purpose is addressing
181 general legislative policy;
182 (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
183 official who is:
184 (A) giving a speech at the event, tour, or meeting;
185 (B) participating in a panel discussion at the event, tour, or meeting; or
186 (C) presenting or receiving an award at the event, tour, or meeting;
187 (viii) a plaque, commendation, or award that:
188 (A) is presented in public;
189 (B) has the name of the individual receiving the plaque, commendation, or award
190 inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
191 award;
192 (ix) a gift that:
193 (A) is an item that is not consumable and not perishable;
194 (B) a public official, other than a local official or an education official, accepts on
195 behalf of the state;
196 (C) the public official promptly remits to the state;
197 (D) a property administrator does not reject under Section 63G-23-103;
198 (E) does not constitute a direct benefit to the public official before or after the public
199 official remits the gift to the state; and
200 (F) after being remitted to the state, is not transferred, divided, distributed, or used to
201 distribute a gift or benefit to one or more public officials in a manner that would otherwise
202 qualify the gift as an expenditure if the gift were given directly to a public official;
203 (x) a publication having a cash value not exceeding $30;
204 (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
205 which is:
206 (A) to solicit [
207 Chapter 11, Campaign and Financial Reporting Requirements[
208 Section 10-3-208, Section 17-16-6.5, or an applicable ordinance adopted under Subsection
209 10-3-208(6) or 17-16-6.5(1);
210 (B) to solicit a campaign contribution that a person is not required to report under a law
211 or ordinance described in Subsection (11)(b)(xi)(A); or
212 [
213 (xii) travel to, lodging at, food or beverage served at, and admission to an approved
214 activity;
215 (xiii) sponsorship of an approved activity;
216 (xiv) notwithstanding Subsection [
217 travel to or from an event, a tour, or a meeting:
218 (A) that is sponsored by a governmental entity; [
219 (B) that is widely attended and related to a governmental duty of a public official; [
220 (C) for a local official, that is sponsored by an organization that represents only local
221 governments, including the Utah Association of Counties, the Utah League of Cities and
222 Towns, or the Utah Association of Special Districts; or
223 (D) for an education official, that is sponsored by a public school, a charter school, or
224 an organization that represents only public schools or charter schools, including the Utah
225 Association of Public Charter Schools, the Utah School Boards Association, or the Utah
226 School Superintendents Association; or
227 (xv) travel to a widely attended tour or meeting related to a governmental duty of a
228 public official if that travel results in a financial savings to [
229 (A) for a public official who is not a local official or an education official, the state; or
230 (B) for a public official who is a local official or an education official, the local
231 government or board of education to which the public official belongs.
232 [
233 Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an
234 employee of the executive branch, for an entire day.
235 (13) (a) "Foreign agent" means an individual who engages in lobbying under contract
236 with:
237 (i) a foreign government;
238 (ii) an official of a foreign government;
239 (iii) a foreign corporation that the individual knows or has reason to know is owned or
240 controlled by a foreign government; or
241 (iv) an official of a foreign corporation that the individual knows or has reason to know
242 is owned or controlled by a foreign government.
243 (b) "Foreign agent" does not include an individual who:
244 (i) is recognized by the United States Department of State as a duly accredited
245 diplomatic or consular officer of a foreign government; or
246 (ii) engages in lobbying on behalf of a foreign corporation or an official of a foreign
247 corporation solely in the individual's capacity as a lobbyist for a trade association that:
248 (A) has a broad industry membership; and
249 (B) includes members that are foreign corporations or officials of foreign corporations.
250 [
251 (i) an individual elected to a position in state or local government, when acting [
252
253 position;
254 (ii) an individual elected to a board of education, when acting in the capacity of a
255 member of a board of education;
256 (iii) an individual appointed to fill a vacancy in a position described in Subsection
257 (14)(a)(i) or (ii), when acting in the capacity of the position; or
258 [
259 government, local government, or a board of education, when acting [
260 capacity of the individual's appointment or employment.
261 (b) "Government officer" does not mean a member of the legislative branch of state
262 government.
263 [
264 (a) a spouse;
265 (b) a child residing in the household; or
266 (c) an individual claimed as a dependent for tax purposes.
267 [
268 (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
269 proposed in either house of the Legislature or its committees or requested by a legislator; [
270 (b) a decision relating to a tax, a government budget, or the expenditure of public
271 money; or
272 [
273 [
274 influencing [
275 action, executive action, local action, or education action.
276 [
277 (i) an individual who is employed by a principal; or
278 (ii) an individual who contracts for economic consideration, other than reimbursement
279 for reasonable travel expenses, with a principal to lobby a public official.
280 (b) "Lobbyist" does not include:
281 (i) a government officer;
282 (ii) a member or employee of the legislative branch of state government;
283 (iii) a person, including a principal, while appearing at, or providing written comments
284 to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
285 Rulemaking Act or Title 63G, Chapter 4, Administrative Procedures Act;
286 (iv) a person participating on or appearing before an advisory or study task force,
287 commission, board, or committee, constituted by the Legislature, a local government, a board
288 of education, or any agency or department of state government, except legislative standing,
289 appropriation, or interim committees;
290 (v) a representative of a political party;
291 (vi) an individual representing a bona fide church solely for the purpose of protecting
292 the right to practice the religious doctrines of the church, unless the individual or church makes
293 an expenditure that confers a benefit on a public official;
294 (vii) a newspaper, television station or network, radio station or network, periodical of
295 general circulation, or book publisher for the purpose of publishing news items, editorials,
296 other comments, or paid advertisements that directly or indirectly urge legislative [
297 executive action, local action, or education action;
298 (viii) an individual who appears on the individual's own behalf before a committee of
299 the Legislature [
300 education, the governing body of a local government, a committee of a local government, or a
301 committee of a board of education, solely for the purpose of testifying in support of [
302 in opposition to legislative [
303 (ix) an individual representing a business, entity, or industry, who:
304 (A) interacts with a public official, in the public official's capacity as a public official,
305 while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
306 interaction or while presenting at a legislative committee meeting at the same time that the
307 registered lobbyist is attending another legislative committee meeting; and
308 (B) does not make an expenditure for, or on behalf of, a public official in relation to the
309 interaction or during the period of interaction.
310 [
311 officers, or any combination of lobbyists, principals, and government officers, who each
312 contribute a portion of an expenditure made to benefit a public official or member of the public
313 official's immediate family.
314 (20) "Local action" means:
315 (a) an ordinance or resolution for consideration by a local government;
316 (b) a nomination or appointment by a local official or a local government;
317 (c) a vote on an administrative action taken by a vote of a local government's
318 legislative body;
319 (d) an adjudicative proceeding over which a local official has direct or indirect control;
320 (e) a purchasing or contracting decision;
321 (f) drafting or making a policy, resolution, or rule;
322 (g) determining a rate or fee;
323 (h) a decision relating to a local government tax, a local government budget, or the
324 expenditure of public money; or
325 (i) making an adjudicative decision.
326 (21) "Local government" means:
327 (a) a county, city, town, or metro township;
328 (b) a local district governed by Title 17B, Limited Purpose Local Government Entities
329 - Local Districts;
330 (c) a special service district governed by Title 17D, Chapter 1, Special Service District
331 Act;
332 (d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
333 Government Entities - Community Reinvestment Agency Act;
334 (e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
335 (f) a redevelopment agency; or
336 (g) an interlocal entity or a joint or cooperative undertaking governed by Title 11,
337 Chapter 13, Interlocal Cooperation Act.
338 (22) "Local official" means:
339 (a) an elected member of a local government;
340 (b) an individual appointed to or employed in a position in a local government if that
341 individual:
342 (i) occupies a policymaking position or makes purchasing or contracting decisions;
343 (ii) drafts ordinances or resolutions or drafts or makes rules;
344 (iii) determines rates or fees;
345 (iv) makes decisions relating to a local government tax, a local government budget, or
346 the expenditure of public money; or
347 (v) makes adjudicative decisions; or
348 (c) an immediate family member of an individual described in Subsection (22)(a) or
349 (b).
350 [
351 instruction, or make a decision, including a conference, seminar, or summit.
352 [
353 officer who represents two or more clients and divides the aggregate daily expenditure made to
354 benefit a public official or member of the public official's immediate family between two or
355 more of those clients.
356 (25) "Owned or controlled by a foreign government" means that a foreign government
357 has greater than a 50% ownership interest in the corporation.
358 [
359 either as an employee or as an independent contractor.
360 [
361 (a) (i) a member of the Legislature;
362 (ii) an individual elected to a position in the executive branch of state government; or
363 (iii) an individual appointed to or employed in a position in the executive or legislative
364 branch of state government if that individual:
365 (A) occupies a policymaking position or makes purchasing or contracting decisions;
366 (B) drafts legislation or makes rules;
367 (C) determines rates or fees; [
368 (D) makes decisions relating to a tax, a government budget, or the expenditure of
369 public money; or
370 [
371 (b) an immediate family member of a person described in Subsection [
372 (c) a local official; or
373 (d) an education official.
374 [
375 is:
376 (a) (i) a member of the Legislature;
377 (ii) an individual elected to a position in the executive branch of state government;
378 (iii) an individual appointed to or employed in a position in the legislative branch of
379 state government who meets the definition of public official under Subsection [
380 (27)(a)(iii); [
381 (iv) an individual appointed to or employed in a position in the executive branch of
382 state government who meets the definition of public official under Subsection [
383 (27)(a)(iii); [
384 (v) a local official, including a description of the type of local government for which
385 the individual is a local official; or
386 (vi) an education official, including a description of the type of board of education for
387 which the individual is an education official; or
388 (b) an immediate family member of [
389 [
390 (29) "Public money" means the same as that term is defined in Section 76-1-601.
391 [
392 financial report required under Subsection 36-11-201(2)(a).
393 [
394 intentionally assists a lobbyist, principal, or government officer in lobbying.
395 [
396 (a) a spouse[
397 (b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
398 brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin[
399
400 (c) a spouse of an individual described in Subsection (32)(b).
401 [
402 public official, and not primarily for entertainment, including:
403 (a) viewing a facility;
404 (b) viewing the sight of a natural disaster; or
405 (c) assessing a circumstance in relation to which a public official may need to take
406 action within the scope of the public official's duties.
407 Section 2. Section 36-11-103 is amended to read:
408 36-11-103. Licensing requirements.
409 (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
410 lieutenant governor by completing the form required by this section.
411 (b) The lieutenant governor shall issue licenses to qualified lobbyists.
412 (c) The lieutenant governor shall prepare a lobbyist license application form that
413 includes:
414 (i) a place for the lobbyist's name and business address;
415 (ii) a place for the following information for each principal for whom the lobbyist
416 works or is hired as an independent contractor:
417 (A) the principal's name;
418 (B) the principal's business address;
419 (C) the name of each public official that the principal employs and the nature of the
420 employment with the public official; and
421 (D) the general purposes, interests, and nature of the principal;
422 (iii) a place for the name and address of the person who paid or will pay the lobbyist's
423 registration fee, if the fee is not paid by the lobbyist;
424 (iv) a place for the lobbyist to disclose:
425 (A) any elected or appointed position that the lobbyist holds in state or local
426 government, if any; and
427 (B) the name of each public official that the lobbyist employs and the nature of the
428 employment with the public official, if any;
429 (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
430 will be reimbursed; [
431 (vi) a statement that an individual is required to register as a foreign agent under
432 Section 36-11-103.5 before engaging in lobbying on behalf of:
433 (A) a foreign government or an official of a foreign government; or
434 (B) a foreign corporation, or an official of a foreign corporation, that the individual
435 knows or has reason to know is owned or controlled by a foreign government;
436 (vii) a place for the lobbyist to indicate whether the lobbyist would like to register as a
437 foreign agent; and
438 [
439 provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
440 belief.
441 (2) Each lobbyist who obtains a license under this section shall update the licensure
442 information when the lobbyist accepts employment for lobbying by a new client.
443 (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
444 lobbying license to an applicant who:
445 (i) files an application with the lieutenant governor that contains the information
446 required by this section and, if applicable, Section 36-11-103.5;
447 (ii) completes the training required by Section 36-11-307; and
448 (iii) pays a $60 filing fee.
449 (b) A license entitles a person to serve as a lobbyist on behalf of one or more principals
450 and expires on December 31 each year.
451 (4) (a) The lieutenant governor may disapprove an application for a lobbying license:
452 (i) if the applicant has been convicted of violating Section 76-8-103, 76-8-107,
453 76-8-108, or 76-8-303 within five years before the date of the lobbying license application;
454 (ii) if the applicant has been convicted of violating Section 76-8-104 or 76-8-304
455 within one year before the date of the lobbying license application;
456 (iii) during the term of any suspension imposed under Section 36-11-401;
457 (iv) if the applicant has not complied with Subsection 36-11-307(6);
458 (v) during the term of a suspension imposed under Subsection 36-11-501(3);
459 (vi) if the lobbyist fails to pay a fine imposed under Subsection 36-11-501(3);
460 (vii) if, within one year before the date of the lobbying license application, the
461 applicant has been found to have willingly and knowingly:
462 (A) violated this section or Section 36-11-201, 36-11-301, 36-11-302, 36-11-303,
463 36-11-304, 36-11-305, or 36-11-403; or
464 (B) filed a document required by this chapter that the lobbyist knew contained
465 materially false information or omitted material information; or
466 (viii) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter
467 24, Lobbying Restrictions Act.
468 (b) An applicant may appeal the disapproval in accordance with the procedures
469 established by the lieutenant governor under this chapter and Title 63G, Chapter 4,
470 Administrative Procedures Act.
471 (5) The lieutenant governor shall deposit each license fee into the General Fund as a
472 dedicated credit to be used by the lieutenant governor to pay the cost of administering the
473 license program described in this section.
474 (6) A principal need not obtain a license under this section, but if the principal makes
475 expenditures to benefit a public official without using a lobbyist as an agent to confer those
476 benefits, the principal shall disclose those expenditures as required by Section 36-11-201.
477 (7) Government officers need not obtain a license under this section, but shall disclose
478 any expenditures made to benefit public officials as required by Section 36-11-201.
479 (8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
480 lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
481 reports by Section 36-11-201.
482 Section 3. Section 36-11-103.5 is enacted to read:
483 36-11-103.5. Registering as foreign agent.
484 (1) Before engaging in any lobbying as a foreign agent, a foreign agent shall register
485 with the lieutenant governor under this section.
486 (2) If a lobbyist indicates on the lobbyist license application form described in Section
487 36-11-103, or otherwise indicates to the lieutenant governor that the lobbyist would like to
488 register as a foreign agent, the lieutenant governor shall provide the lobbyist a foreign agent
489 registration form that includes:
490 (a) a place for the lobbyist's name, address, business telephone number, and principal
491 place of business;
492 (b) a place for the lobbyist to list each of the following for which the lobbyist is
493 registering as a foreign agent:
494 (i) a foreign government;
495 (ii) an official of a foreign government;
496 (iii) a foreign corporation that the lobbyist knows or has reason to know is owned or
497 controlled by a foreign government; or
498 (iv) an official of a foreign corporation that the lobbyist knows or has reason to know is
499 owned or controlled by a foreign government;
500 (c) a place for the lobbyist to describe the issues on which the lobbyist expects to
501 engage in lobbying as a foreign agent; and
502 (d) a certification for the lobbyist to sign, certifying that the information the lobbyist
503 provided in the form is true, accurate, and complete.
504 (3) (a) A lobbyist who registers as a foreign agent under this section shall update the
505 information in the lobbyist's foreign agent registration form when the lobbyist agrees to lobby
506 on behalf of any of the following that are not listed in the lobbyist's foreign agent registration
507 form:
508 (i) a foreign government;
509 (ii) an official of a foreign government;
510 (iii) a foreign corporation that the lobbyist knows or has reason to know is owned or
511 controlled by a foreign government; or
512 (iv) an official of a foreign corporation that the lobbyist knows or has reason to know is
513 owned or controlled by a foreign government.
514 (b) A lobbyist may not lobby on behalf of a person described in Subsections (3)(a)(i)
515 through (iv) that is not listed in the lobbyist's foreign agent registration form.
516 Section 4. Section 36-11-106 is amended to read:
517 36-11-106. Financial reports are public documents.
518 (1) Any person may:
519 (a) without charge, inspect a lobbyist license application, foreign agent registration
520 form, or financial report filed with the lieutenant governor in accordance with this chapter; and
521 (b) make a copy of [
522 (1)(a) after paying for the actual costs of the copy.
523 (2) The lieutenant governor shall make financial reports filed in accordance with this
524 chapter available for viewing on the Internet at the lieutenant governor's website within seven
525 calendar days after the day on which the report is received by the lieutenant governor.
526 Section 5. Section 36-11-201 is amended to read:
527 36-11-201. Lobbyist, principal, and government officer financial reporting
528 requirements -- Prohibition for related person to make expenditures.
529 (1) (a) (i) Except as provided in Subsection (1)(a)(ii), a lobbyist shall file financial
530 reports with the lieutenant governor on or before the due dates specified in Subsection (2).
531 (ii) A lobbyist who has not made an expenditure during a quarterly reporting period is
532 not required to file a quarterly financial report for that quarterly reporting period.
533 (iii) A lobbyist who is not required to file any quarterly reports under this section for a
534 calendar year shall, on or before January 10 of the following year, file a financial report listing
535 the amount of the expenditures for the entire preceding year as "none."
536 (b) [
537 makes an expenditure during any of the quarterly reporting periods under Subsection (2)(a)
538 shall file a financial report with the lieutenant governor on or before the date that a report for
539 that quarter is due.
540 (c) (i) As used in this Subsection (1)(c), "same local government type" means:
541 (A) for a county government, the same county government or another county
542 government;
543 (B) for a municipal government, the same municipal government or another municipal
544 government;
545 (C) for a board of education, the same board of education;
546 (D) for a local school board described in Title 53G, Chapter 4, School Districts, the
547 same local school board or another local school board;
548 (E) for a local district, the same local district or another local district or a special
549 service district; or
550 (F) for a special service district, the same special service district or another special
551 service district or a local district.
552 (ii) A local official or an education official is not required, under this section, to report
553 an expenditure made by the local official or education official to another local official or
554 education official of the same local government type as the local official or education official
555 making the expenditure.
556 (2) (a) A financial report is due quarterly on the following dates:
557 (i) April 10, for the period of January 1 through March 31;
558 (ii) July 10, for the period of April 1 through June 30;
559 (iii) October 10, for the period of July 1 through September 30; and
560 (iv) January 10, for the period of October 1 through December 31 of the previous year.
561 (b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
562 the report is due on the next succeeding business day.
563 (c) A financial report is timely filed if it is filed electronically before the close of
564 regular office hours on or before the due date.
565 (3) A financial report shall contain:
566 (a) the total amount of expenditures made to benefit any public official during the
567 quarterly reporting period;
568 (b) the total amount of expenditures made, by the type of public official, during the
569 quarterly reporting period;
570 (c) for the financial report due on January 10:
571 (i) the total amount of expenditures made to benefit any public official during the last
572 calendar year; and
573 (ii) the total amount of expenditures made, by the type of public official, during the last
574 calendar year;
575 (d) a disclosure of each expenditure made during the quarterly reporting period to
576 reimburse or pay for travel or lodging for a public official, including:
577 (i) each travel destination and each lodging location;
578 (ii) the name of each public official who benefitted from the expenditure on travel or
579 lodging;
580 (iii) the public official type of each public official named;
581 (iv) for each public official named, a listing of the amount and purpose of each
582 expenditure made for travel or lodging; and
583 (v) the total amount of expenditures listed under Subsection (3)(d)(iv);
584 (e) a disclosure of aggregate daily expenditures greater than $10 made during the
585 quarterly reporting period including:
586 (i) the date and purpose of the expenditure;
587 (ii) the location of the expenditure;
588 (iii) the name of any public official benefitted by the expenditure;
589 (iv) the type of the public official benefitted by the expenditure; and
590 (v) the total monetary worth of the benefit that the expenditure conferred on any public
591 official;
592 (f) for each public official who was employed by the lobbyist, principal, or government
593 officer, a list that provides:
594 (i) the name of the public official; and
595 (ii) the nature of the employment with the public official;
596 (g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
597 principal, or government officer made an expenditure to a public official;
598 (h) a description of each executive action on behalf of which the lobbyist, principal, or
599 government officer made an expenditure to a public official;
600 (i) a description of each local action or education action regarding which the lobbyist,
601 principal, or government officer made an expenditure to a local official or education official;
602 [
603 principal, or government officer filing the report represents; and
604 [
605 accurate, and complete to the lobbyist's best knowledge and belief.
606 (4) A related person may not, while assisting a lobbyist, principal, or government
607 officer in lobbying, make an expenditure that benefits a public official under circumstances that
608 would otherwise fall within the disclosure requirements of this chapter if the expenditure was
609 made by the lobbyist, principal, or government officer.
610 (5) The lieutenant governor shall:
611 (a) (i) develop a preprinted form for a financial report required by this section; and
612 (ii) make copies of the form available to a lobbyist, principal, or government officer
613 who requests a form; and
614 (b) provide a reporting system that allows a lobbyist, principal, or government officer
615 to submit a financial report required by this chapter via the Internet.
616 (6) (a) A lobbyist and a principal shall continue to file a financial report required by
617 this section until the lobbyist or principal files a statement with the lieutenant governor that:
618 [
619 (i) (A) for a lobbyist, states that the lobbyist has ceased lobbying activities; or
620 (B) for a principal, states that the principal no longer employs an individual as a
621 lobbyist;
622 (ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
623 license;
624 (iii) contains a listing, as required by this section, of all previously unreported
625 expenditures that have been made through the date of the statement; and
626 (iv) states that the lobbyist or principal will not make any additional expenditure that is
627 not disclosed on the statement unless the lobbyist or principal complies with the disclosure and
628 licensing requirements of this chapter.
629 (b) Except as provided in Subsection (1)(a)(ii), a [
630
631 a financial report under this section is required to file the report quarterly until the [
632 lobbyist or principal files the statement required by Subsection (6)(a).
633 Section 6. Section 36-11-301 is amended to read:
634 36-11-301. Contingent compensation prohibited.
635 (1) A person may not employ, or solicit another person to serve, as a lobbyist for
636 compensation contingent in whole or part upon:
637 (a) the passage, defeat, or amendment of legislative action [
638 (b) the approval, modification, or denial of [
639 (c) the passage, defeat, denial, modification, or a certain outcome of a local action; or
640 (d) the passage, defeat, denial, modification, or a certain outcome of an education
641 action.
642 (2) A person may not accept employment as, or otherwise agree with another person to
643 serve as, a lobbyist for compensaton contingent in whole or in part upon:
644 (a) the passage, defeat, or amendment of legislative action;
645 (b) the approval, modification, or denial of executive action;
646 (c) the passage, defeat, denial, modification, or a certain outcome of a local action; or
647 (d) the passage, defeat, denial, modification, or a certain outcome of an education
648 action.
649 Section 7. Section 36-11-304 is amended to read:
650 36-11-304. Expenditures over certain amounts prohibited -- Exceptions.
651 (1) Except as provided in Subsection (2) or (3), a lobbyist, principal, or government
652 officer may not make or offer to make aggregate daily expenditures that exceed:
653 (a) for food or beverage, the food reimbursement rate; or
654 (b) $10 for expenditures other than food or beverage.
655 (2) A lobbyist, principal, or government officer may make aggregate daily expenditures
656 that exceed the limits described in Subsection (1):
657 (a) for the following items, if the expenditure is reported in accordance with Section
658 36-11-201:
659 (i) food;
660 (ii) beverage;
661 (iii) travel;
662 (iv) lodging; or
663 (v) admission to or attendance at a tour or meeting that is not an approved activity; or
664 (b) if the expenditure is made for a purpose solely unrelated to the public official's
665 position as a public official.
666 (3) (a) As used in this Subsection (3), "same local government type" means:
667 (A) for a county government, the same county government or another county
668 government;
669 (B) for a municipal government, the same municipal government or another municipal
670 government;
671 (C) for a board of education, the same board of education;
672 (D) for a local school board described in Title 53G, Chapter 4, School Districts, the
673 same local school board or another local school board;
674 (E) for a local district, the same local district or another local district or a special
675 service district; or
676 (F) for a special service district, the same special service district or another special
677 service district or a local district.
678 (b) This section does not apply to an expenditure made by a local official or an
679 education official to another local official or education official of the same local government
680 type as the local official or education official making the expenditure.
681 Section 8. Section 36-11-305.5 is amended to read:
682 36-11-305.5. Lobbyist requirements.
683 (1) The lieutenant governor shall issue to each lobbyist a name tag that includes:
684 (a) the word "Lobbyist" in at least 18-point type; [
685 (b) the first and last name of the lobbyist, in at least 18-point type[
686 (c) if the lobbyist is registered as a foreign agent under Section 36-11-103.5, the words
687 "Registered Foreign Agent" in at least 14-point type.
688 (2) [
689 the lobbyist is at the capitol hill complex unless the lobbyist is wearing the name tag described
690 in Subsection (1), with the information described in Subsection (1) in plain view.
691 (3) A lobbyist shall, at the beginning of making a communication to a public official
692 that constitutes lobbying, inform the public official of the identity of the principal on whose
693 behalf the lobbyist is lobbying.
694 Section 9. Section 36-11-401 is amended to read:
695 36-11-401. Penalties.
696 (1) Any person who intentionally violates Section 36-11-103, 36-11-103.5, 36-11-201,
697 36-11-301, 36-11-302, 36-11-303, 36-11-304, 36-11-305, or 36-11-403, is subject to the
698 following penalties:
699 (a) an administrative penalty of up to $1,000 for each violation; and
700 (b) for each subsequent violation of that same section within 24 months, either:
701 (i) an administrative penalty of up to $5,000; or
702 (ii) suspension of the violator's lobbying license for up to one year, if the person is a
703 lobbyist.
704 (2) Any person who intentionally fails to file a financial report required by this chapter,
705 omits material information from a license application form or financial report, or files false
706 information on a license application form or financial report, is subject to the following
707 penalties:
708 (a) an administrative penalty of up to $1,000 for each violation; or
709 (b) suspension of the violator's lobbying license for up to one year, if the person is a
710 lobbyist.
711 (3) Any person who intentionally fails to file a financial report required by this chapter
712 on the date that it is due shall, in addition to the penalties, if any, imposed under Subsection (1)
713 or (2), pay a penalty of up to $50 per day for each day that the report is late.
714 (4) (a) When a lobbyist is convicted of violating Section 76-8-103, 76-8-107, 76-8-108,
715 or 76-8-303, the lieutenant governor shall suspend the lobbyist's license for up to five years
716 from the date of the conviction.
717 (b) When a lobbyist is convicted of violating Section 76-8-104 or 76-8-304, the
718 lieutenant governor shall suspend a lobbyist's license for up to one year from the date of
719 conviction.
720 (5) (a) [
721 violates Section 36-11-301, 36-11-302, or 36-11-303 is guilty of a class B misdemeanor.
722 (b) A person who intentionally violates Section 36-11-301 is guilty of a third degree
723 felony if the person knows, or reasonably should have known, that all or part of the
724 compensation is public money.
725 [
726 convicted under any of these sections for up to one year.
727 [
728 the lieutenant governor under this section.
729 [
730 that evidence to the lieutenant governor for investigation and resolution.
731 (6) Nothing in this chapter creates a third-party cause of action or appeal rights.
732 Section 10. Section 36-11-404 is amended to read:
733 36-11-404. Lieutenant governor's procedures.
734 (1) Except as otherwise provided under Section 36-11-501, the director of elections
735 within the Office of the Lieutenant Governor shall make rules, in accordance with Title 63G,
736 Chapter 3, Utah Administrative Rulemaking Act, that provide:
737 (a) for the appointment of an administrative law judge to adjudicate alleged violations
738 of this chapter and to impose penalties under this chapter;
739 (b) procedures for license applications, disapprovals, suspensions, revocations, and
740 reinstatements that comply with the procedures and requirements of Title 63G, Chapter 4,
741 Administrative Procedures Act.
742 (2) The lieutenant governor shall develop forms needed for the registration and
743 disclosure provisions described in this chapter.
744 Section 11. Section 36-11-405 is amended to read:
745 36-11-405. Construction and interpretation -- Freedom of expression,
746 participation, and press.
747 (1) No provision of this chapter may be construed[
748
749 (a) a person's right of freedom of expression and participation in government
750 [
751 (b) freedom of the press.
752 (2) This chapter does not prevent a local government or public education entity from
753 enacting an ordinance or adopting a policy, that the local government or public education entity
754 otherwise has the lawful authority to enact or adopt, that is stricter than the requirements of this
755 chapter.
756 Section 12. Section 63G-23-102 is amended to read:
757 63G-23-102. Definitions.
758 As used in this chapter:
759 (1) "Public official" means, except as provided in Subsection (3), the same as that term
760 is defined in Section 36-11-102.
761 (2) "Public official" includes a judge or justice of:
762 (a) the Utah Supreme Court;
763 (b) the Utah Court of Appeals; or
764 (c) a district court.
765 (3) "Public official" does not include a local official or an education official as defined
766 in Section 36-11-102.
767 Section 13. Repealer.
768 This bill repeals:
769 Section 36-11a-101, Title.
770 Section 36-11a-102, Definitions.
771 Section 36-11a-201, Lobbyist, principal, and government officer financial
772 reporting requirements -- Prohibition for related person to make expenditures.
773 Section 36-11a-202, Expenditures over certain amounts prohibited -- Exceptions.
774 Section 36-11a-203, Disposal of publications.
775 Section 36-11a-301, Penalties.
776 Section 36-11a-302, Lieutenant governor's procedures.
777 Section 36-11a-303, Construction and interpretation -- Freedom of expression,
778 participation, and press -- Non-preemption.