1     
CONFLICT OF INTEREST AMENDMENTS

2     
2022 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Phil Lyman

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill amends conflict of interest provisions for a lobbyist.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends conflict of interest provisions for a lobbyist.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          None
17     Utah Code Sections Affected:
18     AMENDS:
19          36-11-306, as enacted by Laws of Utah 2007, Chapter 233
20     

21     Be it enacted by the Legislature of the state of Utah:
22          Section 1. Section 36-11-306 is amended to read:
23          36-11-306. Conflicts of interest.
24          (1) As used in this section[, "conflict]:
25          (a) "Affiliate" means to have any of the following roles in relation to an entity that
26     provides campaign management services or other campaign services:
27          (i) a manager;
28          (ii) an adviser;
29          (iii) a consultant;
30          (iv) an owner;
31          (v) a partner, member, or shareholder; or
32          (vi) an investor.
33          (b) "Conflict of interest" means a circumstance where:
34          [(a)] (i) the representation of one principal or client will be directly adverse to another
35     principal or client; or
36          [(b)] (ii) there is a significant risk that the representation of one or more principals or
37     clients will be materially limited by the lobbyist's responsibilities to:
38          [(i)] (A) another principal or client; or
39          [(ii)] (B) a personal interest of the lobbyist.
40          (2) Except as provided in Subsection (3), a lobbyist may not represent a principal or
41     client if the representation involves a conflict of interest.
42          (3) Notwithstanding the existence of a conflict of interest, a lobbyist may represent a
43     principal or client if:
44          (a) the lobbyist reasonably believes that the lobbyist will be able to provide competent
45     and diligent representation to each principal or client;
46          (b) the representation is not otherwise prohibited by law;
47          (c) the representation does not require the lobbyist to assert a position on behalf of one
48     principal or client that is opposed to the position of another principal or client represented by
49     the lobbyist involving the same legislative issue; and
50          (d) each affected principal or client gives informed consent to the conflict of interest in
51     writing.
52          (4) A lobbyist may not serve as a campaign manager for, or affiliate with an entity that
53     provides campaign management services or other campaign services to, a candidate who, if
54     elected, the lobbyist may lobby.
55          (5) Subsection (4) does not prohibit a lobbyist from making a donation to the campaign
56     of a candidate who, if elected, the lobbyist may lobby.