Senator Curtis S. Bramble proposes the following substitute bill:


1     
TRANSPARENCY IN LOBBYING AND DISCLOSURES

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Candice B. Pierucci

6     
Senate Sponsor: Michael K. McKell

7     Cosponsors:
8     Nelson T. Abbott
9     Cheryl K. Acton
10     Carl R. Albrecht
11     Melissa G. Ballard
12     Stewart E. Barlow
13     Gay Lynn Bennion
14     Kera Birkeland
15     Brady Brammer
16     Walt Brooks
17     Jefferson S. Burton
18     Kay J. Christofferson
19     Clare Collard
20     Jennifer Dailey-Provost
21     James A. Dunnigan
22     Steve Eliason
23     Matthew H. Gwynn
24     Stephen G. Handy
25     Suzanne Harrison
Timothy D. Hawkes
Jon Hawkins
Sandra Hollins
Ken Ivory
Dan N. Johnson
Marsha Judkins
Brian S. King
Karen Kwan
Bradley G. Last
Rosemary T. Lesser
Karianne Lisonbee
Phil Lyman
A. Cory Maloy
Ashlee Matthews
Kelly B. Miles
Carol Spackman Moss
Jefferson Moss
Doug Owens
Michael J. Petersen
Karen M. Peterson
Stephanie Pitcher
Susan Pulsipher
Adam Robertson
Judy Weeks Rohner
Angela Romero
Douglas V. Sagers
Mike Schultz
Travis M. Seegmiller
Rex P. Shipp
Casey Snider
Robert M. Spendlove
Jeffrey D. Stenquist
Andrew Stoddard
Jordan D. Teuscher
Norman K. Thurston
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight

26     Douglas R. Welton
27     Mark A. Wheatley
Stephen L. Whyte
Ryan D. Wilcox
Brad R. Wilson
28     

29     LONG TITLE
30     General Description:
31          This bill amends provisions of the Lobbyist Disclosure and Regulation Act.
32     Highlighted Provisions:
33          This bill:
34          ▸     defines terms;
35          ▸     defines "foreign agent" and requires a foreign agent to register with the lieutenant
36     governor as a foreign agent;
37          ▸     makes provisions of the Lobbyist Disclosure and Regulation Act applicable to a
38     person who lobbies a local official or an education official;
39          ▸     amends rulemaking authority within the Office of the Lieutenant Governor;
40          ▸     makes changes to the lobbyist license application form;
41          ▸     establishes requirements for a foreign agent registration form;
42          ▸     requires the name tag of a lobbyist who is a foreign agent to indicate that the
43     lobbyist is a foreign lobbyist;
44          ▸     establishes penalties for failure to register as a foreign agent;
45          ▸     repeals existing provisions in the Local Government and Board of Education
46     Lobbyist Disclosure and Regulation Act, and incorporates those provisions into the
47     Lobbyist Disclosure and Regulation Act; and
48          ▸     makes technical and conforming changes.
49     Money Appropriated in this Bill:
50          None
51     Other Special Clauses:
52          None
53     Utah Code Sections Affected:
54     AMENDS:
55          36-11-102, as last amended by Laws of Utah 2021, Chapter 20

56          36-11-103, as last amended by Laws of Utah 2020, Chapters 22 and 394
57          36-11-106, as last amended by Laws of Utah 2019, Chapter 339
58          36-11-201, as last amended by Laws of Utah 2015, Chapter 296
59          36-11-304, as last amended by Laws of Utah 2015, Chapters 32 and 188
60          36-11-305.5, as enacted by Laws of Utah 2014, Chapter 335
61          36-11-401, as last amended by Laws of Utah 2020, Chapter 394
62          36-11-404, as last amended by Laws of Utah 2019, Chapter 339
63          36-11-405, as enacted by Laws of Utah 1991, Chapter 280
64          63A-14-202, as last amended by Laws of Utah 2019, Chapter 363
65          63A-15-201, as last amended by Laws of Utah 2019, Chapter 363
66          63E-1-401, as last amended by Laws of Utah 2019, Chapter 363
67          63E-1-404, as last amended by Laws of Utah 2019, Chapter 363
68          63G-23-102, as enacted by Laws of Utah 2018, Chapter 67
69     ENACTS:
70          36-11-103.5, Utah Code Annotated 1953
71     REPEALS:
72          36-11a-101, as enacted by Laws of Utah 2019, Chapter 363
73          36-11a-102, as enacted by Laws of Utah 2019, Chapter 363
74          36-11a-201, as enacted by Laws of Utah 2019, Chapter 363
75          36-11a-202, as enacted by Laws of Utah 2019, Chapter 363
76          36-11a-203, as enacted by Laws of Utah 2019, Chapter 363
77          36-11a-301, as enacted by Laws of Utah 2019, Chapter 363
78          36-11a-302, as enacted by Laws of Utah 2019, Chapter 363
79          36-11a-303, as enacted by Laws of Utah 2019, Chapter 363
80     

81     Be it enacted by the Legislature of the state of Utah:
82          Section 1. Section 36-11-102 is amended to read:
83          36-11-102. Definitions.
84          As used in this chapter:
85          (1) "Aggregate daily expenditures" means:
86          (a) for a single lobbyist, principal, or government officer, the total of all expenditures

87     made within a calendar day by the lobbyist, principal, or government officer for the benefit of
88     an individual public official;
89          (b) for an expenditure made by a member of a lobbyist group, the total of all
90     expenditures made within a calendar day by every member of the lobbyist group for the benefit
91     of an individual public official; or
92          (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
93     lobbyist within a calendar day for the benefit of an individual public official, regardless of
94     whether the expenditures were attributed to different clients.
95          (2) "Approved activity" means an event, a tour, or a meeting:
96          (a) (i) to which a legislator or another nonexecutive branch public official is invited;
97     and
98          (ii) attendance at which is approved by:
99          (A) the speaker of the House of Representatives, if the public official is a member of
100     the House of Representatives or another nonexecutive branch public official; or
101          (B) the president of the Senate, if the public official is a member of the Senate or
102     another nonexecutive branch public official; or
103          (b) (i) to which a public official who holds a position in the executive branch of state
104     government is invited; and
105          (ii) attendance at which is approved by the governor or the lieutenant governor.
106          (3) "Board of education" means:
107          (a) a local school board described in Title 53G, Chapter 4, School Districts;
108          (b) the State Board of Education;
109          (c) the State Charter School Board created under Section 53G-5-201; or
110          (d) a charter school governing board described in Title 53G, Chapter 5, Charter
111     Schools.
112          [(3)] (4) "Capitol hill complex" means the same as that term is defined in Section
113     63C-9-102.
114          [(4)] (5) (a) "Compensation" means anything of economic value, however designated,
115     that is paid, loaned, granted, given, donated, or transferred to an individual for the provision of
116     services or ownership before any withholding required by federal or state law.
117          (b) "Compensation" includes:

118          (i) a salary or commission;
119          (ii) a bonus;
120          (iii) a benefit;
121          (iv) a contribution to a retirement program or account;
122          (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
123     Code, and subject to [Social Security] social security deductions, including a payment in excess
124     of the maximum amount subject to deduction under [Social Security] social security law;
125          (vi) an amount that the individual authorizes to be deducted or reduced for salary
126     deferral or other benefits authorized by federal law; or
127          (vii) income based on an individual's ownership interest.
128          [(5)] (6) "Compensation payor" means a person who pays compensation to a public
129     official in the ordinary course of business:
130          (a) because of the public official's ownership interest in the compensation payor; or
131          (b) for services rendered by the public official on behalf of the compensation payor.
132          (7) "Education action" means:
133          (a) a resolution, policy, or other official action for consideration by a board of
134     education;
135          (b) a nomination or appointment by an education official or a board of education;
136          (c) a vote on an administrative action taken by a vote of a board of education;
137          (d) an adjudicative proceeding over which an education official has direct or indirect
138     control;
139          (e) a purchasing or contracting decision;
140          (f) drafting or making a policy, resolution, or rule;
141          (g) determining a rate or fee; or
142          (h) making an adjudicative decision.
143          (8) "Education official" means:
144          (a) a member of a board of education;
145          (b) an individual appointed to or employed in a position under a board of education, if
146     that individual:
147          (i) occupies a policymaking position or makes purchasing or contracting decisions;
148          (ii) drafts resolutions or policies or drafts or makes rules;

149          (iii) determines rates or fees;
150          (iv) makes decisions relating to an education budget or the expenditure of public
151     money; or
152          (v) makes adjudicative decisions; or
153          (c) an immediate family member of an individual described in Subsection (8)(a) or (b).
154          [(6)] (9) "Event" means entertainment, a performance, a contest, or a recreational
155     activity that an individual participates in or is a spectator at, including a sporting event, an
156     artistic event, a play, a movie, dancing, or singing.
157          [(7)] (10) "Executive action" means:
158          (a) a nomination or appointment by the governor;
159          (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
160     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
161          (c) agency ratemaking proceedings; or
162          (d) an adjudicative proceeding of a state agency.
163          [(8)] (11) (a) "Expenditure" means any of the items listed in this Subsection [(8)]
164     (11)(a) when given to or for the benefit of a public official unless consideration of equal or
165     greater value is received:
166          (i) a purchase, payment, or distribution;
167          (ii) a loan, gift, or advance;
168          (iii) a deposit, subscription, or forbearance;
169          (iv) services or goods;
170          (v) money;
171          (vi) real property;
172          (vii) a ticket or admission to an event; or
173          (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
174     any item listed in Subsections [(8)] (11)(a)(i) through (vii).
175          (b) "Expenditure" does not mean:
176          (i) a commercially reasonable loan made in the ordinary course of business;
177          (ii) a campaign contribution:
178          (A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
179     Reporting Requirements[;], Section 10-3-208, Section 17-16-6.5, or any applicable ordinance

180     adopted under Subsection 10-3-208(6) or 17-16-6.5(1); or
181          (B) lawfully given to a person that is not required to report the contribution under a law
182     or ordinance described in Subsection (11)(b)(ii)(A);
183          (iii) printed informational material that is related to the performance of the recipient's
184     official duties;
185          (iv) a devise or inheritance;
186          (v) any item listed in Subsection [(8)] (11)(a) if:
187          (A) given by a relative;
188          (B) given by a compensation payor for a purpose solely unrelated to the public
189     official's position as a public official;
190          (C) the item is food or beverage with a value that does not exceed the food
191     reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
192     the food reimbursement rate; or
193          (D) the item is not food or beverage, has a value of less than $10, and the aggregate
194     daily expenditures do not exceed $10;
195          (vi) food or beverage that is provided at an event, a tour, or a meeting to which the
196     following are invited:
197          (A) all members of the Legislature;
198          (B) all members of a standing or interim committee;
199          (C) all members of an official legislative task force;
200          (D) all members of a party caucus; or
201          (E) all members of a group described in Subsections [(8)] (11)(b)(vi)(A) through (D)
202     who are attending a meeting of a national organization whose primary purpose is addressing
203     general legislative policy;
204          (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
205     official who is:
206          (A) giving a speech at the event, tour, or meeting;
207          (B) participating in a panel discussion at the event, tour, or meeting; or
208          (C) presenting or receiving an award at the event, tour, or meeting;
209          (viii) a plaque, commendation, or award that:
210          (A) is presented in public; and

211          (B) has the name of the individual receiving the plaque, commendation, or award
212     inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
213     award;
214          (ix) a gift that:
215          (A) is an item that is not consumable and not perishable;
216          (B) a public official, other than a local official or an education official, accepts on
217     behalf of the state;
218          (C) the public official promptly remits to the state;
219          (D) a property administrator does not reject under Section 63G-23-103;
220          (E) does not constitute a direct benefit to the public official before or after the public
221     official remits the gift to the state; and
222          (F) after being remitted to the state, is not transferred, divided, distributed, or used to
223     distribute a gift or benefit to one or more public officials in a manner that would otherwise
224     qualify the gift as an expenditure if the gift were given directly to a public official;
225          (x) any of the following with a cash value not exceeding $30:
226          (A) a publication; or
227          (B) a commemorative item;
228          (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
229     which is:
230          (A) to solicit [contributions] a contribution that is reportable under[: (I)] Title 20A,
231     Chapter 11, Campaign and Financial Reporting Requirements[; or (II)], 2 U.S.C. Sec. 434[; or
232     (B)], Section 10-3-208, Section 17-16-6.5, or an applicable ordinance adopted under
233     Subsection 10-3-208(6) or 17-16-6.5(1);
234          (B) to solicit a campaign contribution that a person is not required to report under a law
235     or ordinance described in Subsection (11)(b)(xi)(A); or
236          (C) charitable solicitation, as defined in Section 13-22-2;
237          (xii) travel to, lodging at, food or beverage served at, and admission to an approved
238     activity;
239          (xiii) sponsorship of an approved activity;
240          (xiv) notwithstanding Subsection [(8)] (11)(a)(vii), admission to, attendance at, or
241     travel to or from an event, a tour, or a meeting:

242          (A) that is sponsored by a governmental entity; [or]
243          (B) that is widely attended and related to a governmental duty of a public official; [or]
244          (C) for a local official, that is sponsored by an organization that represents only local
245     governments, including the Utah Association of Counties, the Utah League of Cities and
246     Towns, or the Utah Association of Special Districts; or
247          (D) for an education official, that is sponsored by a public school, a charter school, or
248     an organization that represents only public schools or charter schools, including the Utah
249     Association of Public Charter Schools, the Utah School Boards Association, or the Utah
250     School Superintendents Association; or
251          (xv) travel to a widely attended tour or meeting related to a governmental duty of a
252     public official if that travel results in a financial savings to [the state.]:
253          (A) for a public official who is not a local official or an education official, the state; or
254          (B) for a public official who is a local official or an education official, the local
255     government or board of education to which the public official belongs.
256          [(9)] (12) "Food reimbursement rate" means the total amount set by the director of the
257     Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an
258     employee of the executive branch, for an entire day.
259          (13) (a) "Foreign agent" means an individual who engages in lobbying under contract
260     with a foreign government.
261          (b) "Foreign agent" does not include an individual who is recognized by the United
262     States Department of State as a duly accredited diplomatic or consular officer of a foreign
263     government, including a duly accredited honorary consul.
264          (14) "Foreign government" means a government other than the government of:
265          (a) the United States;
266          (b) a state within the United States;
267          (c) a territory or possession of the United States; or
268          (d) a political subdivision of the United States.
269          [(10)] (15) (a) "Government officer" means:
270          (i) an individual elected to a position in state or local government, when acting [within
271     the government officer's official capacity; or] in the capacity of the state or local government
272     position;

273          (ii) an individual elected to a board of education, when acting in the capacity of a
274     member of a board of education;
275          (iii) an individual appointed to fill a vacancy in a position described in Subsection
276     (15)(a)(i) or (ii), when acting in the capacity of the position; or
277          [(ii)] (iv) an individual appointed to or employed in a full-time position by state [or]
278     government, local government, or a board of education, when acting [within the scope] in the
279     capacity of the individual's appointment or employment.
280          (b) "Government officer" does not mean a member of the legislative branch of state
281     government.
282          [(11)] (16) "Immediate family" means:
283          (a) a spouse;
284          (b) a child residing in the household; or
285          (c) an individual claimed as a dependent for tax purposes.
286          [(12)] (17) "Legislative action" means:
287          (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
288     proposed in either house of the Legislature or its committees or requested by a legislator; and
289          (b) the action of the governor in approving or vetoing legislation.
290          [(13)] (18) "Lobbying" means communicating with a public official for the purpose of
291     influencing [the passage, defeat, amendment, or postponement of legislative or] a legislative
292     action, executive action, local action, or education action.
293          [(14)] (19) (a) "Lobbyist" means:
294          (i) an individual who is employed by a principal; or
295          (ii) an individual who contracts for economic consideration, other than reimbursement
296     for reasonable travel expenses, with a principal to lobby a public official.
297          (b) "Lobbyist" does not include:
298          (i) a government officer;
299          (ii) a member or employee of the legislative branch of state government;
300          (iii) a person, including a principal, while appearing at, or providing written comments
301     to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
302     Rulemaking Act or Title 63G, Chapter 4, Administrative Procedures Act;
303          (iv) a person participating on or appearing before an advisory or study task force,

304     commission, board, or committee, constituted by the Legislature, a local government, a board
305     of education, or any agency or department of state government, except legislative standing,
306     appropriation, or interim committees;
307          (v) a representative of a political party;
308          (vi) an individual representing a bona fide church solely for the purpose of protecting
309     the right to practice the religious doctrines of the church, unless the individual or church makes
310     an expenditure that confers a benefit on a public official;
311          (vii) a newspaper, television station or network, radio station or network, periodical of
312     general circulation, or book publisher for the purpose of publishing news items, editorials,
313     other comments, or paid advertisements that directly or indirectly urge legislative [or] action,
314     executive action, local action, or education action;
315          (viii) an individual who appears on the individual's own behalf before a committee of
316     the Legislature [or], an agency of the executive branch of state government, a board of
317     education, the governing body of a local government, a committee of a local government, or a
318     committee of a board of education, solely for the purpose of testifying in support of or in
319     opposition to legislative [or] action, executive action, local action, or education action; or
320          (ix) an individual representing a business, entity, or industry, who:
321          (A) interacts with a public official, in the public official's capacity as a public official,
322     while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
323     interaction or while presenting at a legislative committee meeting at the same time that the
324     registered lobbyist is attending another legislative committee meeting; and
325          (B) does not make an expenditure for, or on behalf of, a public official in relation to the
326     interaction or during the period of interaction.
327          [(15)] (20) "Lobbyist group" means two or more lobbyists, principals, government
328     officers, or any combination of lobbyists, principals, and government officers, who each
329     contribute a portion of an expenditure made to benefit a public official or member of the public
330     official's immediate family.
331          (21) "Local action" means:
332          (a) an ordinance or resolution for consideration by a local government;
333          (b) a nomination or appointment by a local official or a local government;
334          (c) a vote on an administrative action taken by a vote of a local government's

335     legislative body;
336          (d) an adjudicative proceeding over which a local official has direct or indirect control;
337          (e) a purchasing or contracting decision;
338          (f) drafting or making a policy, resolution, or rule;
339          (g) determining a rate or fee; or
340          (h) making an adjudicative decision.
341          (22) "Local government" means:
342          (a) a county, city, town, or metro township;
343          (b) a local district governed by Title 17B, Limited Purpose Local Government Entities
344     - Local Districts;
345          (c) a special service district governed by Title 17D, Chapter 1, Special Service District
346     Act;
347          (d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
348     Government Entities - Community Reinvestment Agency Act;
349          (e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
350          (f) a redevelopment agency; or
351          (g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
352     13, Interlocal Cooperation Act.
353          (23) "Local official" means:
354          (a) an elected member of a local government;
355          (b) an individual appointed to or employed in a position in a local government if that
356     individual:
357          (i) occupies a policymaking position or makes purchasing or contracting decisions;
358          (ii) drafts ordinances or resolutions or drafts or makes rules;
359          (iii) determines rates or fees; or
360          (iv) makes adjudicative decisions; or
361          (c) an immediate family member of an individual described in Subsection (23)(a) or
362     (b).
363          [(16)] (24) "Meeting" means a gathering of people to discuss an issue, receive
364     instruction, or make a decision, including a conference, seminar, or summit.
365          [(17)] (25) "Multiclient lobbyist" means a single lobbyist, principal, or government

366     officer who represents two or more clients and divides the aggregate daily expenditure made to
367     benefit a public official or member of the public official's immediate family between two or
368     more of those clients.
369          [(18)] (26) "Principal" means a person that employs an individual to perform lobbying,
370     either as an employee or as an independent contractor.
371          [(19)] (27) "Public official" means:
372          (a) (i) a member of the Legislature;
373          (ii) an individual elected to a position in the executive branch of state government; or
374          (iii) an individual appointed to or employed in a position in the executive or legislative
375     branch of state government if that individual:
376          (A) occupies a policymaking position or makes purchasing or contracting decisions;
377          (B) drafts legislation or makes rules;
378          (C) determines rates or fees; or
379          (D) makes adjudicative decisions; [or]
380          (b) an immediate family member of a person described in Subsection [(19)] (27)(a)[.];
381          (c) a local official; or
382          (d) an education official.
383          [(20)] (28) "Public official type" means a notation to identify whether a public official
384     is:
385          (a) (i) a member of the Legislature;
386          (ii) an individual elected to a position in the executive branch of state government;
387          (iii) an individual appointed to or employed in a position in the legislative branch of
388     state government who meets the definition of public official under Subsection [(19)]
389     (27)(a)(iii); [or]
390          (iv) an individual appointed to or employed in a position in the executive branch of
391     state government who meets the definition of public official under Subsection [(19)]
392     (27)(a)(iii); [or]
393          (v) a local official, including a description of the type of local government for which
394     the individual is a local official; or
395          (vi) an education official, including a description of the type of board of education for
396     which the individual is an education official; or

397          (b) an immediate family member of [a person] an individual described in Subsection
398     [(19)] (27)(a), (c), or (d).
399          [(21)] (29) "Quarterly reporting period" means the three-month period covered by each
400     financial report required under Subsection 36-11-201(2)(a).
401          [(22)] (30) "Related person" means a person, agent, or employee who knowingly and
402     intentionally assists a lobbyist, principal, or government officer in lobbying.
403          [(23)] (31) "Relative" means:
404          (a) a spouse[,];
405          (b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
406     brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin[, or spouse of any of
407     these individuals.]; or
408          (c) a spouse of an individual described in Subsection (31)(b).
409          [(24)] (32) "Tour" means visiting a location, for a purpose relating to the duties of a
410     public official, and not primarily for entertainment, including:
411          (a) viewing a facility;
412          (b) viewing the sight of a natural disaster; or
413          (c) assessing a circumstance in relation to which a public official may need to take
414     action within the scope of the public official's duties.
415          Section 2. Section 36-11-103 is amended to read:
416          36-11-103. Licensing requirements.
417          (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
418     lieutenant governor by completing the form required by this section.
419          (b) The lieutenant governor shall issue licenses to qualified lobbyists.
420          (c) The lieutenant governor shall prepare a [Lobbyist License Application Form]
421     lobbyist license application form that includes:
422          (i) a place for the lobbyist's name and business address;
423          (ii) a place for the following information for each principal for whom the lobbyist
424     works or is hired as an independent contractor:
425          (A) the principal's name;
426          (B) the principal's business address;
427          (C) the name of each public official that the principal employs and the nature of the

428     employment with the public official; and
429          (D) the general purposes, interests, and nature of the principal;
430          (iii) a place for the name and address of the person who paid or will pay the lobbyist's
431     licensing fee, if the fee is not paid by the lobbyist;
432          (iv) a place for the lobbyist to disclose:
433          (A) any elected or appointed position that the lobbyist holds in state or local
434     government, if any; and
435          (B) the name of each public official that the lobbyist employs and the nature of the
436     employment with the public official, if any;
437          (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
438     will be reimbursed; [and]
439          (vi) a statement that an individual is required to register as a foreign agent under
440     Section 36-11-103.5 before engaging in lobbying on behalf of a foreign government;
441          (vii) a place for the lobbyist to indicate whether the lobbyist would like to register as a
442     foreign agent; and
443          [(vi)] (viii) a certification to be signed by the lobbyist that certifies that the information
444     provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
445     belief.
446          (2) Each lobbyist who obtains a license under this section shall update the licensure
447     information when the lobbyist accepts employment for lobbying by a new client.
448          (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
449     lobbying license to an applicant who:
450          (i) files an application with the lieutenant governor that contains the information
451     required by this section and, if applicable, Section 36-11-103.5;
452          (ii) completes the training required by Section 36-11-307; and
453          (iii) pays a $60 licensing fee.
454          (b) A license entitles a person to serve as a lobbyist on behalf of one or more principals
455     and expires on December 31 each year.
456          (4) (a) The lieutenant governor may disapprove an application for a lobbying license:
457          (i) if the applicant has been convicted of violating Section 76-8-103, 76-8-107,
458     76-8-108, or 76-8-303 within five years before the date of the lobbying license application;

459          (ii) if, within one year before the date of the lobbying license application, the applicant
460     is convicted of a violation of:
461          (A) Section 76-8-104; or
462          (B) Section 76-9-102, if the violation is a misdemeanor that occurs at an official
463     meeting;
464          (iii) during the term of any suspension imposed under Section 36-11-401;
465          (iv) if the applicant has not complied with Subsection 36-11-307(6);
466          (v) during the term of a suspension imposed under Subsection 36-11-501(3);
467          (vi) if the lobbyist fails to pay a fine imposed under Subsection 36-11-501(3);
468          (vii) if, within one year before the date of the lobbying license application, the
469     applicant has been found to have willingly and knowingly:
470          (A) violated this section or Section 36-11-201, 36-11-301, 36-11-302, 36-11-303,
471     36-11-304, 36-11-305, or 36-11-403; or
472          (B) filed a document required by this chapter that the lobbyist knew contained
473     materially false information or omitted material information; or
474          (viii) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter
475     24, Lobbying Restrictions Act.
476          (b) An applicant may appeal the disapproval in accordance with the procedures
477     established by the lieutenant governor under this chapter and Title 63G, Chapter 4,
478     Administrative Procedures Act.
479          (5) The lieutenant governor shall deposit each licensing fee into the General Fund as a
480     dedicated credit to be used by the lieutenant governor to pay the cost of administering the
481     license program described in this section.
482          (6) A principal need not obtain a license under this section, but if the principal makes
483     expenditures to benefit a public official without using a lobbyist as an agent to confer those
484     benefits, the principal shall disclose those expenditures as required by Section 36-11-201.
485          (7) Government officers need not obtain a license under this section, but shall disclose
486     any expenditures made to benefit public officials as required by Section 36-11-201.
487          (8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
488     lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
489     reports by Section 36-11-201.

490          Section 3. Section 36-11-103.5 is enacted to read:
491          36-11-103.5. Registering as foreign agent.
492          (1) Before engaging in lobbying as a foreign agent, a foreign agent shall register with
493     the lieutenant governor under this section.
494          (2) If a lobbyist indicates on the lobbyist license application form described in Section
495     36-11-103, or otherwise indicates to the lieutenant governor that the lobbyist would like to
496     register as a foreign agent, the lieutenant governor shall provide the lobbyist a foreign agent
497     registration form that includes:
498          (a) a place for the lobbyist's name, address, business telephone number, and principal
499     place of business;
500          (b) a place for the lobbyist to list each foreign government for which the lobbyist is
501     registering as a foreign agent;
502          (c) a place for the lobbyist to describe the issues on which the lobbyist expects to
503     engage in lobbying as a foreign agent; and
504          (d) a certification for the lobbyist to sign, certifying that the information the lobbyist
505     provides in the form is true, accurate, and complete.
506          (3) (a) A lobbyist who registers as a foreign agent under this section shall update the
507     information in the lobbyist's foreign agent registration form when the lobbyist agrees to lobby
508     on behalf of a foreign government that is not listed in the lobbyist's foreign agent registration
509     form.
510          (b) A lobbyist may not lobby on behalf of a foreign government that is not listed in the
511     lobbyist's foreign agent registration form.
512          Section 4. Section 36-11-106 is amended to read:
513          36-11-106. Financial reports are public documents.
514          (1) Any person may:
515          (a) without charge, inspect a lobbyist license application, foreign agent registration
516     form, or financial report filed with the lieutenant governor in accordance with this chapter; and
517          (b) make a copy of [a] an application, form, or financial report described in Subsection
518     (1)(a) after paying for the actual costs of the copy.
519          (2) The lieutenant governor shall make financial reports filed in accordance with this
520     chapter available for viewing on the Internet at the lieutenant governor's website within seven

521     calendar days after the day on which the report is received by the lieutenant governor.
522          Section 5. Section 36-11-201 is amended to read:
523          36-11-201. Lobbyist, principal, and government officer financial reporting
524     requirements -- Prohibition for related person to make expenditures.
525          (1) (a) (i) Except as provided in Subsection (1)(a)(ii), a lobbyist shall file financial
526     reports with the lieutenant governor on or before the due dates specified in Subsection (2).
527          (ii) A lobbyist who has not made an expenditure during a quarterly reporting period is
528     not required to file a quarterly financial report for that quarterly reporting period.
529          (iii) A lobbyist who is not required to file any quarterly reports under this section for a
530     calendar year shall, on or before January 10 of the following year, file a financial report listing
531     the amount of the expenditures for the entire preceding year as "none."
532          (b) [A] Except as provided in Subsection (1)(c), a government officer or principal that
533     makes an expenditure during any of the quarterly reporting periods under Subsection (2)(a)
534     shall file a financial report with the lieutenant governor on or before the date that a report for
535     that quarter is due.
536          (c) (i) As used in this Subsection (1)(c), "same local government type" means:
537          (A) for a county government, the same county government or another county
538     government;
539          (B) for a municipal government, the same municipal government or another municipal
540     government;
541          (C) for a board of education, the same board of education;
542          (D) for a local school board described in Title 53G, Chapter 4, School Districts, the
543     same local school board or another local school board;
544          (E) for a local district, the same local district or another local district or a special
545     service district;
546          (F) for a special service district, the same special service district or another special
547     service district or a local district; or
548          (G) for a participant in an interlocal agreement, another participant in the same
549     interlocal agreement.
550          (ii) A local official or an education official is not required, under this section, to report
551     an expenditure made by the local official or education official to another local official or

552     education official of the same local government type as the local official or education official
553     making the expenditure.
554          (2) (a) A financial report is due quarterly on the following dates:
555          (i) April 10, for the period of January 1 through March 31;
556          (ii) July 10, for the period of April 1 through June 30;
557          (iii) October 10, for the period of July 1 through September 30; and
558          (iv) January 10, for the period of October 1 through December 31 of the previous year.
559          (b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
560     the report is due on the next succeeding business day.
561          (c) A financial report is timely filed if it is filed electronically before the close of
562     regular office hours on or before the due date.
563          (3) A financial report shall contain:
564          (a) the total amount of expenditures made to benefit any public official during the
565     quarterly reporting period;
566          (b) the total amount of expenditures made, by the type of public official, during the
567     quarterly reporting period;
568          (c) for the financial report due on January 10:
569          (i) the total amount of expenditures made to benefit any public official during the last
570     calendar year; and
571          (ii) the total amount of expenditures made, by the type of public official, during the last
572     calendar year;
573          (d) a disclosure of each expenditure made during the quarterly reporting period to
574     reimburse or pay for travel or lodging for a public official, including:
575          (i) each travel destination and each lodging location;
576          (ii) the name of each public official who benefitted from the expenditure on travel or
577     lodging;
578          (iii) the public official type of each public official named;
579          (iv) for each public official named, a listing of the amount and purpose of each
580     expenditure made for travel or lodging; and
581          (v) the total amount of expenditures listed under Subsection (3)(d)(iv);
582          (e) a disclosure of aggregate daily expenditures greater than $10 made during the

583     quarterly reporting period including:
584          (i) the date and purpose of the expenditure;
585          (ii) the location of the expenditure;
586          (iii) the name of any public official benefitted by the expenditure;
587          (iv) the type of the public official benefitted by the expenditure; and
588          (v) the total monetary worth of the benefit that the expenditure conferred on any public
589     official;
590          (f) for each public official who was employed by the lobbyist, principal, or government
591     officer, a list that provides:
592          (i) the name of the public official; and
593          (ii) the nature of the employment with the public official;
594          (g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
595     principal, or government officer made an expenditure to a public official;
596          (h) a description of each executive action on behalf of which the lobbyist, principal, or
597     government officer made an expenditure to a public official;
598          (i) a description of each local action or education action regarding which the lobbyist,
599     principal, or government officer made an expenditure to a local official or education official;
600          [(i)] (j) the general purposes, interests, and nature of the entities that the lobbyist,
601     principal, or government officer filing the report represents; and
602          [(j)] (k) for a lobbyist, a certification that the information provided in the report is true,
603     accurate, and complete to the lobbyist's best knowledge and belief.
604          (4) A related person may not, while assisting a lobbyist, principal, or government
605     officer in lobbying, make an expenditure that benefits a public official under circumstances that
606     would otherwise fall within the disclosure requirements of this chapter if the expenditure was
607     made by the lobbyist, principal, or government officer.
608          (5) The lieutenant governor shall:
609          (a) (i) develop a preprinted form for a financial report required by this section; and
610          (ii) make copies of the form available to a lobbyist, principal, or government officer
611     who requests a form; and
612          (b) provide a reporting system that allows a lobbyist, principal, or government officer
613     to submit a financial report required by this chapter via the Internet.

614          (6) (a) A lobbyist and a principal shall continue to file a financial report required by
615     this section until the lobbyist or principal files a statement with the lieutenant governor that:
616          [(i) states:]
617          (i) (A) for a lobbyist, states that the lobbyist has ceased lobbying activities; or
618          (B) for a principal, states that the principal no longer employs an individual as a
619     lobbyist;
620          (ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
621     license;
622          (iii) contains a listing, as required by this section, of all previously unreported
623     expenditures that have been made through the date of the statement; and
624          (iv) states that the lobbyist or principal will not make any additional expenditure that is
625     not disclosed on the statement unless the lobbyist or principal complies with the disclosure and
626     licensing requirements of this chapter.
627          (b) Except as provided in Subsection (1)(a)(ii), a [person that fails to renew the
628     lobbyist's license or otherwise ceases to be licensed] lobbyist or principal that is required to file
629     a financial report under this section is required to file the report quarterly until the [person]
630     lobbyist or principal files the statement required by Subsection (6)(a).
631          Section 6. Section 36-11-304 is amended to read:
632          36-11-304. Expenditures over certain amounts prohibited -- Exceptions.
633          (1) Except as provided in Subsection (2) or (3), a lobbyist, principal, or government
634     officer may not make or offer to make aggregate daily expenditures that exceed:
635          (a) for food or beverage, the food reimbursement rate; or
636          (b) $10 for expenditures other than food or beverage.
637          (2) A lobbyist, principal, or government officer may make aggregate daily expenditures
638     that exceed the limits described in Subsection (1):
639          (a) for the following items, if the expenditure is reported in accordance with Section
640     36-11-201:
641          (i) food;
642          (ii) beverage;
643          (iii) travel;
644          (iv) lodging; or

645          (v) admission to or attendance at a tour or meeting that is not an approved activity; or
646          (b) if the expenditure is made for a purpose solely unrelated to the public official's
647     position as a public official.
648          (3) (a) As used in this Subsection (3), "same local government type" means:
649          (i) for a county government, the same county government or another county
650     government;
651          (ii) for a municipal government, the same municipal government or another municipal
652     government;
653          (iii) for a board of education, the same board of education;
654          (iv) for a local school board described in Title 53G, Chapter 4, School Districts, the
655     same local school board or another local school board;
656          (v) for a local district, the same local district or another local district or a special
657     service district;
658          (vi) for a special service district, the same special service district or another special
659     service district or a local district; or
660          (vii) for a participant in an interlocal agreement, another participant in the same
661     interlocal agreement.
662          (b) This section does not apply to an expenditure made by a local official or an
663     education official to another local official or education official of the same local government
664     type as the local official or education official making the expenditure.
665          Section 7. Section 36-11-305.5 is amended to read:
666          36-11-305.5. Lobbyist requirements.
667          (1) The lieutenant governor shall issue to each lobbyist a name tag that includes:
668          (a) the word "Lobbyist" in at least 18-point type; [and]
669          (b) the first and last name of the lobbyist, in at least 18-point type[.]; and
670          (c) if the lobbyist is registered as a foreign agent under Section 36-11-103.5, the words
671     "Registered Foreign Lobbyist" in at least 14-point type.
672          (2) [Beginning on August 1, 2014, a] A lobbyist may not lobby a public official while
673     the lobbyist is at the capitol hill complex unless the lobbyist is wearing the name tag described
674     in Subsection (1), with the information described in Subsection (1), in plain view.
675          (3) A lobbyist shall, at the beginning of making a communication to a public official

676     that constitutes lobbying, inform the public official of the identity of the principal on whose
677     behalf the lobbyist is lobbying.
678          Section 8. Section 36-11-401 is amended to read:
679          36-11-401. Penalties.
680          (1) Any person who intentionally violates Section 36-11-103, 36-11-103.5, 36-11-201,
681     36-11-301, 36-11-302, 36-11-303, 36-11-304, 36-11-305, or 36-11-403, is subject to the
682     following penalties:
683          (a) an administrative penalty of up to $1,000 for each violation; and
684          (b) for each subsequent violation of that same section within 24 months, either:
685          (i) an administrative penalty of up to $5,000; or
686          (ii) suspension of the violator's lobbying license for up to one year, if the person is a
687     lobbyist.
688          (2) Any person who intentionally fails to file a financial report required by this chapter,
689     omits material information from a license application form or financial report, or files false
690     information on a license application form or financial report, is subject to the following
691     penalties:
692          (a) an administrative penalty of up to $1,000 for each violation; or
693          (b) suspension of the violator's lobbying license for up to one year, if the person is a
694     lobbyist.
695          (3) Any person who intentionally fails to file a financial report required by this chapter
696     on the date that it is due shall, in addition to the penalties, if any, imposed under Subsection (1)
697     or (2), pay a penalty of up to $50 per day for each day that the report is late.
698          (4) (a) When a lobbyist is convicted of violating Section 76-8-103, 76-8-107, 76-8-108,
699     or 76-8-303, the lieutenant governor shall suspend the lobbyist's license for up to five years
700     from the date of the conviction.
701          (b) When a lobbyist is convicted of violating Section 76-8-104, or Section 76-9-102 if
702     the violation is a misdemeanor that occurs at an official meeting, the lieutenant governor shall
703     suspend a lobbyist's license for up to one year from the date of conviction.
704          (5) (a) [Any] A person who intentionally violates Section 36-11-301, 36-11-302, or
705     36-11-303 is guilty of a class B misdemeanor.
706          (b) The lieutenant governor shall suspend the lobbyist license of any person convicted

707     under any of these sections for up to one year.
708          (c) The suspension shall be in addition to any administrative penalties imposed by the
709     lieutenant governor under this section.
710          (d) Any person with evidence of a possible violation of this chapter may submit that
711     evidence to the lieutenant governor for investigation and resolution.
712          (6) Nothing in this chapter creates a third-party cause of action or appeal rights.
713          Section 9. Section 36-11-404 is amended to read:
714          36-11-404. Lieutenant governor's procedures.
715          (1) Except as otherwise provided under Section 36-11-501, the director of elections
716     within the Office of the Lieutenant Governor shall make rules, in accordance with Title 63G,
717     Chapter 3, Utah Administrative Rulemaking Act, that provide:
718          (a) for the appointment of an administrative law judge to adjudicate alleged violations
719     of this chapter and to impose penalties under this chapter; and
720          (b) procedures for license applications, disapprovals, suspensions, revocations, and
721     reinstatements that comply with the procedures and requirements of Title 63G, Chapter 4,
722     Administrative Procedures Act.
723          (2) The lieutenant governor shall develop forms needed for the registration and
724     disclosure provisions described in this chapter.
725          Section 10. Section 36-11-405 is amended to read:
726          36-11-405. Construction and interpretation -- Freedom of expression,
727     participation, and press.
728          (1) No provision of this chapter may be construed[, interpreted, or enforced so as to
729     limit, impair, abridge, or destroy any] in a manner that limits:
730          (a) a person's right of freedom of expression and participation in government
731     [processes]; or
732          (b) freedom of the press.
733          (2) This chapter does not prevent a local government or public education entity from
734     enacting an ordinance or adopting a policy, that the local government or public education entity
735     otherwise has the lawful authority to enact or adopt, that is stricter than the requirements of this
736     chapter.
737          Section 11. Section 63A-14-202 is amended to read:

738          63A-14-202. Independent Executive Branch Ethics Commission -- Membership.
739          (1) (a) There is created the Independent Executive Branch Ethics Commission,
740     consisting of the following five members appointed by the governor, each of whom shall be
741     registered to vote in the state at the time of appointment:
742          (i) two members who served:
743          (A) as elected officials in state government no more recently than four years before the
744     day on which the member is appointed; or
745          (B) in a management position in the state executive branch no more recently than four
746     years before the day on which the member is appointed;
747          (ii) one member who:
748          (A) has served, but no longer actively serves, as a judge of a court in the state; or
749          (B) is a licensed attorney in the state and is not, and has not been, a judge; and
750          (iii) two citizen members.
751          (b) The governor shall make appointments to the commission as follows:
752          (i) each executive branch elected official, other than the governor, shall select, and
753     provide to the governor, at least two names for potential appointment to one of the membership
754     positions described in Subsection (1)(a);
755          (ii) the governor shall determine which of the executive branch elected officials
756     described in Subsection (1)(b)(i) shall select names for which membership position;
757          (iii) the governor shall appoint to the commission one of the names provided by each
758     executive branch elected official described in Subsection (1)(b)(i);
759          (iv) the governor shall directly appoint the remaining member of the commission; and
760          (v) if an executive branch elected official fails to submit names to the governor within
761     15 days after the day on which the governor makes the determination described in Subsection
762     (1)(b)(ii), the governor shall directly appoint a person to fill the applicable membership
763     position.
764          (2) A member of the commission may not, during the member's term of office on the
765     commission, act or serve as:
766          (a) an officeholder as defined in Section 20A-11-101;
767          (b) an agency head as defined in Section 67-16-3;
768          (c) a lobbyist as defined in Section 36-11-102 [or 36-11a-102];

769          (d) a principal as defined in Section 36-11-102 [or 36-11a-102]; or
770          (e) an employee of the state.
771          (3) (a) Except as provided in Subsection (3)(b), each member of the commission shall
772     serve a four-year term.
773          (b) The governor shall set the first term of two of the members of the commission at
774     two years, so that approximately half of the commission is appointed, or reappointed, every
775     two years.
776          (c) When a vacancy occurs in the commission's membership for any reason, the
777     governor shall appoint a replacement member for the unexpired term of the vacating member,
778     in accordance with Subsection (1).
779          (d) The governor may not appoint a member to serve more than two full terms, whether
780     those terms are two or four years.
781          (e) (i) The governor, or a majority of the commission, may remove a member from the
782     commission only for cause.
783          (ii) The governor may not remove a member from the commission during any period of
784     time when the commission is investigating or considering a complaint alleging an ethics
785     violation against the governor or lieutenant governor.
786          (f) If a commission member determines that the commission member has a conflict of
787     interest in relation to a complaint, the remaining members of the commission shall appoint an
788     individual to serve in that member's place for the purpose of reviewing that complaint.
789          (4) (a) A member of the commission may not receive compensation or benefits for the
790     member's service, but may receive per diem and expenses incurred in the performance of the
791     member's official duties at the rates established by the Division of Finance under Sections
792     63A-3-106 and 63A-3-107.
793          (b) A member may decline to receive per diem and expenses for the member's service.
794          (5) (a) The commission members shall convene a meeting annually each January and
795     elect, by majority vote, a chair from among the commission members.
796          (b) An individual may not serve as chair for more than two consecutive years.
797          (6) The commission:
798          (a) is an independent entity established within the department for budgetary and
799     general administrative purposes only; and

800          (b) is not under the direction or control of the department, the executive director, or
801     any other officer or employee of the department.
802          Section 12. Section 63A-15-201 is amended to read:
803          63A-15-201. Commission established -- Membership.
804          (1) There is established a Political Subdivisions Ethics Review Commission.
805          (2) The commission is composed of seven individuals, each of whom is registered to
806     vote in this state and appointed by the governor with the advice and consent of the Senate, as
807     follows:
808          (a) one member who has served, but no longer serves, as a judge of a court of record in
809     this state;
810          (b) one member who has served as a mayor or municipal council member no more
811     recently than four years before the date of appointment;
812          (c) one member who has served as a member of a local board of education no more
813     recently than four years before the date of appointment;
814          (d) two members who are lay persons; and
815          (e) two members, each of whom is one of the following:
816          (i) a municipal mayor no more recently than four years before the date of appointment;
817          (ii) a municipal council member no more recently than four years before the date of
818     appointment;
819          (iii) a county mayor no more recently than four years before the date of appointment;
820          (iv) a county commissioner no more recently than four years before the date of
821     appointment;
822          (v) a special service district administrative control board member no more recently
823     than four years before the date of appointment;
824          (vi) a local district board of trustees member no more recently than four years before
825     the date of appointment; or
826          (vii) a judge who has served, but no longer serves, as a judge of a court of record in
827     this state.
828          (3) (a) A member of the commission may not, during the member's term of office on
829     the commission, act or serve as:
830          (i) a political subdivision officer;

831          (ii) a political subdivision employee;
832          (iii) an agency head as defined in Section 67-16-3;
833          (iv) a lobbyist as defined in Section 36-11-102 [or 36-11a-102]; or
834          (v) a principal as defined in Section 36-11-102 [or 36-11a-102].
835          (b) In addition to the seven members described in Subsection (2), the governor shall,
836     with the advice and consent of the Senate, appoint one individual as an alternate member of the
837     commission who:
838          (i) may be a lay person;
839          (ii) shall be registered to vote in the state; and
840          (iii) complies with the requirements described in Subsection (3)(a).
841          (c) The alternate member described in Subsection (3)(b):
842          (i) shall serve as a member of the commission in the place of one of the seven members
843     described in Subsection (2) if that member is temporarily unable or unavailable to participate in
844     a commission function or is disqualified under Section 63A-15-303; and
845          (ii) may not cast a vote on the commission unless the alternate member is serving in
846     the capacity described in Subsection (3)(c)(i).
847          (4) (a) (i) Except as provided in Subsection (4)(a)(ii), each member of the commission
848     shall serve a four-year term.
849          (ii) When appointing the initial members upon formation of the commission, a member
850     described in Subsections (2)(b) through (d) shall be appointed to a two-year term so that
851     approximately half of the commission is appointed every two years.
852          (b) (i) When a vacancy occurs in the commission's membership for any reason, a
853     replacement member shall be appointed for the unexpired term of the vacating member using
854     the procedures and requirements of Subsection (2).
855          (ii) For the purposes of this section, an appointment for an unexpired term of a
856     vacating member is not considered a full term.
857          (c) A member may not be appointed to serve for more than two full terms, whether
858     those terms are two or four years.
859          (d) A member of the commission may resign from the commission by giving one
860     month's written notice of the resignation to the governor.
861          (e) The governor shall remove a member from the commission if the member:

862          (i) is convicted of, or enters a plea of guilty to, a crime involving moral turpitude;
863          (ii) enters a plea of no contest or a plea in abeyance to a crime involving moral
864     turpitude; or
865          (iii) fails to meet the qualifications of office as provided in this section.
866          (f) (i) If a commission member is accused of wrongdoing in a complaint, or if a
867     commission member has a conflict of interest in relation to a matter before the commission:
868          (A) the alternate member described in Subsection (3)(b) shall serve in the member's
869     place for the purposes of reviewing the complaint; or
870          (B) if the alternate member has already taken the place of another commission member
871     or is otherwise not available, the commission shall appoint another individual to temporarily
872     serve in the member's place for the purposes of reviewing the complaint.
873          (ii) An individual appointed by the commission under Subsection (4)(f)(i)(B):
874          (A) is not required to be confirmed by the Senate;
875          (B) may be a lay person;
876          (C) shall be registered to vote in the state; and
877          (D) shall comply with Subsection (3)(a).
878          (5) (a) Except as provided in Subsection (5)(b)(i), a member of the commission may
879     not receive compensation or benefits for the member's service.
880          (b) (i) A member may receive per diem and expenses incurred in the performance of
881     the member's official duties at the rates established by the Division of Finance under Sections
882     63A-3-106 and 63A-3-107.
883          (ii) A member may decline to receive per diem and expenses for the member's service.
884          (6) The commission members shall, by a majority vote, elect a commission chair from
885     among the commission members.
886          Section 13. Section 63E-1-401 is amended to read:
887          63E-1-401. Definitions.
888          As used in this part:
889          (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
890     includes:
891          (a) cash, except reasonable compensation or salary for services rendered;
892          (b) stock or other investments;

893          (c) goodwill;
894          (d) real property;
895          (e) an ownership interest;
896          (f) a license;
897          (g) a cause of action; and
898          (h) any similar property.
899          (2) "Business interest" means:
900          (a) holding the position of trustee, director, officer, or other similar position with a
901     business entity; or
902          (b) the ownership, either legally or equitably, of at least 10% of the outstanding shares
903     of a corporation or 10% interest in any other business entity, being held by:
904          (i) an individual;
905          (ii) the individual's spouse;
906          (iii) a minor child of the individual; or
907          (iv) any combination of Subsections (2)(b)(i) through (iii).
908          (3) "Interested party" means a person that held or holds the position of trustee, director,
909     officer, or other similar position with an independent entity within:
910          (a) five years prior to the date of an action described in Subsection (5); or
911          (b) during the privatization of an independent entity.
912          (4) "Lobbyist" is a person that provided or provides services as a lobbyist, as defined in
913     Section 36-11-102 [or 36-11a-102], within:
914          (a) five years prior to the date of an action described in Subsection (5); or
915          (b) during the privatization of an independent entity.
916          (5) (a) "Privatized" means an action described in Subsection (5)(b) taken under
917     circumstances in which the operations of the independent entity are continued by a successor
918     entity that:
919          (i) is privately owned;
920          (ii) is unaffiliated to the state; and
921          (iii) receives any asset of the independent entity.
922          (b) An action referred to in Subsection (5)(a) includes:
923          (i) the repeal of the authorizing statute of an independent entity and the revision to state

924     laws to terminate the relationship between the state and the independent entity;
925          (ii) the dissolution of the independent entity;
926          (iii) the merger or consolidation of the independent entity with another entity; or
927          (iv) the sale of all or substantially all of the assets of the independent entity.
928          Section 14. Section 63E-1-404 is amended to read:
929          63E-1-404. Penalties for violation.
930          (1) A person who knowingly violates this part:
931          (a) is guilty of a third degree felony if the combined value of any compensation or
932     assets received by the person as a result of the violation is equal to or greater than $10,000; or
933          (b) is guilty of a class A misdemeanor if the combined value of any compensation or
934     assets received by the person as a result of the violation is less than $10,000.
935          (2) (a) In addition to any penalty imposed under Subsection (1), a person that violates
936     this part shall return to the successor of the independent entity any compensation or assets
937     received in violation of this part.
938          (b) If the assets received by the person in violation of this part are no longer in the
939     possession of the person, the person shall pay the successor of the independent entity an
940     amount equal to the fair market value of the asset at the time the person received the asset.
941          (3) Notwithstanding [Subsections] Subsection 36-11-401(3) [and 36-11a-301(3)], if a
942     lobbyist violates Subsection 63E-1-402(2)(b)(i), the lobbyist is guilty of the crime outlined in
943     Subsection (1), which crime shall be determined by the value of compensation or assets
944     received by the lobbyist.
945          Section 15. Section 63G-23-102 is amended to read:
946          63G-23-102. Definitions.
947          As used in this chapter:
948          (1) "Public official" means, except as provided in Subsection (3), the same as that term
949     is defined in Section 36-11-102.
950          (2) "Public official" includes a judge or justice of:
951          (a) the Utah Supreme Court;
952          (b) the Utah Court of Appeals; or
953          (c) a district court.
954          (3) "Public official" does not include a local official or an education official as defined

955     in Section 36-11-102.
956          Section 16. Repealer.
957          This bill repeals:
958          Section 36-11a-101, Title.
959          Section 36-11a-102, Definitions.
960          Section 36-11a-201, Lobbyist, principal, and government officer financial
961     reporting requirements -- Prohibition for related person to make expenditures.
962          Section 36-11a-202, Expenditures over certain amounts prohibited -- Exceptions.
963          Section 36-11a-203, Disposal of publications.
964          Section 36-11a-301, Penalties.
965          Section 36-11a-302, Lieutenant governor's procedures.
966          Section 36-11a-303, Construction and interpretation -- Freedom of expression,
967     participation, and press -- Non-preemption.