Representative Brady Brammer proposes the following substitute bill:


1     
LOBBYIST DISCLOSURE AND REGULATION ACT

2     
MODIFICATIONS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Brady Brammer

6     
Senate Sponsor: Ann Millner

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the Lobbyist Disclosure and Regulation Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     modifies and clarifies the definitions of lobbyist, lobbying, and a principal;
15          ▸     prohibits consideration, a reward, or an incentive for lobbying that is contingent on
16     certain government action and provides criminal and civil penalties for violation of
17     the prohibition;
18          ▸     replaces the offense of employing or soliciting a person to lobby for contingent
19     compensation with the offense described in the preceding paragraph;
20          ▸     removes the specific intent requirements from multiple provisions in the Lobbyist
21     Disclosure and Regulation Act;
22          ▸     imposes and modifies administrative penalties and license suspensions for
23     violations of provisions of the Lobbyist Disclosure and Regulation Act;
24          ▸     modifies and clarifies what constitutes a criminal violation of the Lobbyist
25     Disclosure and Regulation Act, and addresses criminal penalties for the violations;
26          ▸     creates an exception to the definition of "expenditure" in relation to certain sporting
27     events of a state or non-profit institution of higher education; and
28          ▸     makes technical and conforming changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          This bill provides a coordination clause.
33     Utah Code Sections Affected:
34     AMENDS:
35          36-11-102, as last amended by Laws of Utah 2023, Chapter 16
36          36-11-103, as last amended by Laws of Utah 2022, Chapter 125
37          36-11-201, as last amended by Laws of Utah 2023, Chapter 16
38          36-11-302, as enacted by Laws of Utah 1991, Chapter 280
39          36-11-303, as enacted by Laws of Utah 1991, Chapter 280
40          53-1-102, as last amended by Laws of Utah 2021, Chapters 349, 360
41          53-1-106, as last amended by Laws of Utah 2023, Chapters 328, 447
42          63E-1-404, as last amended by Laws of Utah 2022, Chapter 125
43          63G-23-102, as last amended by Laws of Utah 2022, Chapter 125
44     REPEALS AND REENACTS:
45          36-11-301, as enacted by Laws of Utah 1991, Chapter 280
46          36-11-401, as last amended by Laws of Utah 2022, Chapter 125
47     Utah Code Sections Affected By Coordination Clause:
48          36-11-302, as enacted by Laws of Utah 1991, Chapter 280
49     

50     Be it enacted by the Legislature of the state of Utah:
51          Section 1. Section 36-11-102 is amended to read:
52          36-11-102. Definitions.
53          As used in this chapter:
54          (1) "Aggregate daily expenditures" means:
55          (a) for a single lobbyist, principal, or government officer, the total of all expenditures
56     made within a calendar day by the lobbyist, principal, or government officer for the benefit of
57     an individual public official;
58          (b) for an expenditure made by a member of a lobbyist group, the total of all
59     expenditures made within a calendar day by every member of the lobbyist group for the benefit
60     of an individual public official; or
61          (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
62     lobbyist within a calendar day for the benefit of an individual public official, regardless of
63     whether the expenditures were attributed to different clients.
64          (2) "Approved activity" means an event, a tour, or a meeting:
65          (a) (i) to which a legislator or another nonexecutive branch public official is invited;
66     and
67          (ii) attendance at which is approved by:
68          (A) the speaker of the House of Representatives, if the public official is a member of
69     the House of Representatives or another nonexecutive branch public official; or
70          (B) the president of the Senate, if the public official is a member of the Senate or
71     another nonexecutive branch public official; or
72          (b) (i) to which a public official who holds a position in the executive branch of state
73     government is invited; and
74          (ii) attendance at which is approved by the governor or the lieutenant governor.
75          (3) "Board of education" means:
76          (a) a local school board described in Title 53G, Chapter 4, School Districts;
77          (b) the State Board of Education;
78          (c) the State Charter School Board created under Section 53G-5-201; or
79          (d) a charter school governing board described in Title 53G, Chapter 5, Charter
80     Schools.
81          (4) "Capitol hill complex" means the same as that term is defined in Section
82     63C-9-102.
83          (5) (a) "Compensation" means anything of economic value, however designated, that is
84     paid, loaned, granted, given, donated, or transferred to an individual for the provision of
85     services or ownership before any withholding required by federal or state law.
86          (b) "Compensation" includes:
87          (i) a salary or commission;
88          (ii) a bonus;
89          (iii) a benefit;
90          (iv) a contribution to a retirement program or account;
91          (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
92     Code, and subject to social security deductions, including a payment in excess of the maximum
93     amount subject to deduction under social security law;
94          (vi) an amount that the individual authorizes to be deducted or reduced for salary
95     deferral or other benefits authorized by federal law; or
96          (vii) income based on an individual's ownership interest.
97          (6) "Compensation payor" means a person who pays compensation to a public official
98     in the ordinary course of business:
99          (a) because of the public official's ownership interest in the compensation payor; or
100          (b) for services rendered by the public official on behalf of the compensation payor.
101          [(7) "Education action" means:]
102          [(a) a resolution, policy, or other official action for consideration by a board of
103     education;]
104          [(b) a nomination or appointment by an education official or a board of education;]
105          [(c) a vote on an administrative action taken by a vote of a board of education;]
106          [(d) an adjudicative proceeding over which an education official has direct or indirect
107     control;]
108          [(e) a purchasing or contracting decision;]
109          [(f) drafting or making a policy, resolution, or rule;]
110          [(g) determining a rate or fee; or]
111          [(h) making an adjudicative decision.]
112          [(8)] (7) "Education official" means:
113          (a) a member of a board of education; or
114          (b) an individual appointed to or employed in a position under a board of education[, if
115     that individual:].
116          [(i) occupies a policymaking position or makes purchasing or contracting decisions;]
117          [(ii) drafts resolutions or policies or drafts or makes rules;]
118          [(iii) determines rates or fees;]
119          [(iv) makes decisions relating to an education budget or the expenditure of public
120     money; or]
121          [(v) makes adjudicative decisions; or]
122          [(c) an immediate family member of an individual described in Subsection (8)(a) or
123     (b).]
124          [(9)] (8) "Event" means entertainment, a performance, a contest, or a recreational
125     activity that an individual participates in or is a spectator at, including a sporting event, an
126     artistic event, a play, a movie, dancing, or singing.
127          [(10) "Executive action" means:]
128          [(a) a nomination or appointment by the governor;]
129          [(b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
130     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;]
131          [(c) agency ratemaking proceedings; or]
132          [(d) an adjudicative proceeding of a state agency.]
133          (9) "Executive official" means:
134          (a) an elected or appointed official in the executive branch;
135          (b) a member of an agency or other organization in the executive branch; or
136          (c) another member of the executive branch.
137          [(11)] (10) (a) "Expenditure" means any of the items listed in this Subsection [(11)(a)]
138     (10)(a) when given to or for the benefit of a public official unless consideration of equal or
139     greater value is received:
140          (i) a purchase, payment, or distribution;
141          (ii) a loan, gift, or advance;
142          (iii) a deposit, subscription, or forbearance;
143          (iv) services or goods;
144          (v) money;
145          (vi) real property;
146          (vii) except as provided in Subsection (10)(b)(xvi), a ticket or admission to an event; or
147          (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
148     any item listed in Subsections [(11)(a)(i) through (vii)] (10)(a)(i) through (vii).
149          (b) "Expenditure" does not mean:
150          (i) a commercially reasonable loan made in the ordinary course of business;
151          (ii) a campaign contribution:
152          (A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
153     Reporting Requirements, Section 10-3-208, Section 17-16-6.5, or any applicable ordinance
154     adopted under Subsection 10-3-208(6) or 17-16-6.5(1); or
155          (B) lawfully given to a person that is not required to report the contribution under a law
156     or ordinance described in Subsection [(11)(b)(ii)(A)] (10)(b)(ii)(A);
157          (iii) printed informational material that is related to the performance of the recipient's
158     official duties;
159          (iv) a devise or inheritance;
160          (v) any item listed in Subsection [(11)(a)] (10)(a) if:
161          (A) given by a relative;
162          (B) given by a compensation payor for a purpose solely unrelated to the public
163     official's position as a public official;
164          (C) the item is food or beverage with a value that does not exceed the food
165     reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
166     the food reimbursement rate; or
167          (D) the item is not food or beverage, has a value of less than $10, and the aggregate
168     daily expenditures do not exceed $10;
169          (vi) food or beverage that is provided at an event, a tour, or a meeting to which the
170     following are invited:
171          (A) all members of the Legislature;
172          (B) all members of a standing or interim committee;
173          (C) all members of an official legislative task force;
174          (D) all members of a party caucus; or
175          (E) all members of a group described in Subsections [(11)(b)(vi)(A) through (D)]
176     (10)(b)(vi)(A) through (D) who are attending a meeting of a national organization whose
177     primary purpose is addressing general legislative policy;
178          (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
179     official who is:
180          (A) giving a speech at the event, tour, or meeting;
181          (B) participating in a panel discussion at the event, tour, or meeting; or
182          (C) presenting or receiving an award at the event, tour, or meeting;
183          (viii) a plaque, commendation, or award that:
184          (A) is presented in public; and
185          (B) has the name of the individual receiving the plaque, commendation, or award
186     inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
187     award;
188          (ix) a gift that:
189          (A) is an item that is not consumable and not perishable;
190          (B) a public official, other than a local official or an education official, accepts on
191     behalf of the state;
192          (C) the public official promptly remits to the state;
193          (D) a property administrator does not reject under Section 63G-23-103;
194          (E) does not constitute a direct benefit to the public official before or after the public
195     official remits the gift to the state; and
196          (F) after being remitted to the state, is not transferred, divided, distributed, or used to
197     distribute a gift or benefit to one or more public officials in a manner that would otherwise
198     qualify the gift as an expenditure if the gift were given directly to a public official;
199          (x) any of the following with a cash value not exceeding $30:
200          (A) a publication; or
201          (B) a commemorative item;
202          (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
203     which is:
204          (A) to solicit a contribution that is reportable under Title 20A, Chapter 11, Campaign
205     and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section 10-3-208, Section
206     17-16-6.5, or an applicable ordinance adopted under Subsection 10-3-208(6) or 17-16-6.5(1);
207          (B) to solicit a campaign contribution that a person is not required to report under a law
208     or ordinance described in Subsection [(11)(b)(xi)(A)] (10)(b)(xi)(A); or
209          (C) charitable solicitation, as defined in Section 13-22-2;
210          (xii) travel to, lodging at, food or beverage served at, and admission to an approved
211     activity;
212          (xiii) sponsorship of an approved activity;
213          (xiv) notwithstanding Subsection [(11)(a)(vii)] (10)(a)(vii), admission to, attendance
214     at, or travel to or from an event, a tour, or a meeting:
215          (A) that is sponsored by a governmental entity;
216          (B) that is widely attended and related to a governmental duty of a public official;
217          (C) for a local official, that is sponsored by an organization that represents only local
218     governments, including the Utah Association of Counties, the Utah League of Cities and
219     Towns, or the Utah Association of Special Districts; or
220          (D) for an education official, that is sponsored by a public school, a charter school, or
221     an organization that represents only public schools or charter schools, including the Utah
222     Association of Public Charter Schools, the Utah School Boards Association, or the Utah
223     School Superintendents Association; [or]
224          (xv) travel to a widely attended tour or meeting related to a governmental duty of a
225     public official if that travel results in a financial savings to:
226          (A) for a public official who is not a local official or an education official, the state; or
227          (B) for a public official who is a local official or an education official, the local
228     government or board of education to which the public official belongs[.];
229          (xvi) admission to a sporting event provided by an institution of higher education
230     described in Subsection 53B-2-101(1), or a private, nonprofit institution of higher education in
231     the state, if:
232          (A) the sporting event is held at the institution of higher education that provides
233     admission to the sporting event;
234          (B) the institution of higher education has a team or athlete competing in the sporting
235     event; and
236          (C) a representative of the institution of higher education attends the sporting event
237     with the public official to whom the institution of higher education provides admission to the
238     sporting event; or
239          (xvii) admission to a theatrical, musical, dancing, or other artistic performance, an art
240     exhibition, or another artistic event provided by an institution of higher education described in
241     Subsection 53B-2-101(1), or a private, nonprofit institution of higher education in the state, if:
242          (A) the performance, exhibition, or artistic event is held at the institution of higher
243     education that provides the admission;
244          (B) the institution of higher education has a student or athlete participating in, or whose
245     work is featured in, the performance, exhibition, or artistic event; and
246          (C) a representative of the institution of higher education attends the performance,
247     exhibition, or artistic event with the public official to whom the institution of higher education
248     provides the admission.
249          [(12)] (11) "Food reimbursement rate" means the total amount set by the director of the
250     Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an
251     employee of the executive branch, for an entire day.
252          [(13)] (12) (a) "Foreign agent" means an individual who engages in lobbying under
253     contract with a foreign government.
254          (b) "Foreign agent" does not include an individual who is recognized by the United
255     States Department of State as a duly accredited diplomatic or consular officer of a foreign
256     government, including a duly accredited honorary consul.
257          [(14)] (13) "Foreign government" means a government other than the government of:
258          (a) the United States;
259          (b) a state within the United States;
260          (c) a territory or possession of the United States; or
261          (d) a political subdivision of the United States.
262          (14) (a) "Government action" means action, including action described in Subsection
263     (14)(b), that a government actor:
264          (i) takes, directs another to take, or has the ability, authority, or responsibility to take or
265     to direct another to take; or
266          (ii) refuses or fails to take, or refuses or fails to direct another to take, if the
267     government actor has the ability, authority, or responsibility to take the action or to direct that
268     the action be taken.
269          (b) "Government action" includes taking, directing another to take, refusing or failing
270     to take, or refusing or failing to direct another to take the following action or a similar action:
271          (i) enacting, passing, repealing, drafting, proposing, amending, supporting, or opposing
272     legislation, a substitute, an amendment, an appropriation, an ordinance, a rule, a policy, a
273     resolution, a decision, an order, or an official opinion;
274          (ii) making or requesting an appropriation or expenditure;
275          (iii) making an appropriation or expenditure that is, or requesting that an appropriation
276     or expenditure be, above, below, or at a certain amount;
277          (iv) voting, voting a certain way, or failing to vote;
278          (v) making a determination or request regarding whether an item is placed on or
279     removed from an agenda, calendar, or other list of potential action, or whether an item on an
280     agenda, calendar, or other list of potential action is considered;
281          (vi) assigning, or requesting the assigning of, an item described in Subsection (14)(b)(i)
282     to a committee or other body;
283          (vii) holding, or requesting the holding of, an item described in Subsection (14)(b)(i) in
284     a committee or other body;
285          (viii) action taken by a committee or other body;
286          (ix) adding to, including in, or requesting the addition or inclusion of, certain language
287     or items for a draft of, or an introduced version of, an item described in Subsection (14)(b)(i);
288          (x) removing from, or requesting the removal of, certain language or items from a draft
289     of, or an introduced version of, an item described in Subsection (14)(b)(i);
290          (xi) calling or adjourning, requesting the calling or adjourning, or voting to call or
291     adjourn a session, hearing, or meeting;
292          (xii) signing legislation into law;
293          (xiii) a veto or a veto override;
294          (xiv) holding an adjudicative or administrative proceeding, making an adjudicative or
295     administrative decision, or taking an adjudicative or administrative action;
296          (xv) a purchasing or contracting decision;
297          (xvi) a rate or fee determination; or
298          (xvii) making, requesting, or confirming a nomination or appointment.
299          (15) "Government actor" means:
300          (a) the Legislature, the House of Representatives, the Senate, a legislative committee, a
301     legislative task force, or another instrumentality of the legislative branch of state government;
302          (b) a legislative official;
303          (c) an executive branch agency, office, bureau, or another instrumentality of the
304     executive branch of state government;
305          (d) an executive official;
306          (e) a board of education, the State Board of Regents, or another instrumentality of the
307     state public education system or the state system of higher education;
308          (f) an education official;
309          (g) local government, a local legislative body, or an agency, office, bureau, or another
310     instrumentality of local government; or
311          (h) a local government official.
312          [(15)] (16) (a) "Government officer" means:
313          (i) an individual elected to a position in state or local government, when acting in the
314     capacity of the state or local government position;
315          (ii) an individual elected to a board of education, when acting in the capacity of a
316     member of a board of education;
317          (iii) an individual appointed to fill a vacancy in a position described in Subsection
318     [(15)(a)(i) or (ii)] (16)(a)(i) or (ii), when acting in the capacity of the position; or
319          (iv) an individual appointed to or employed in a full-time position by state government,
320     local government, or a board of education, when acting in the capacity of the individual's
321     appointment or employment.
322          (b) "Government officer" does not mean a member of the legislative branch of state
323     government.
324          [(16)] (17) "Immediate family" means:
325          (a) a spouse;
326          (b) a child residing in the household; or
327          (c) an individual claimed as a dependent for tax purposes.
328          [(17) "Legislative action" means:]
329          [(a) a bill, resolution, amendment, nomination, veto override, or other matter pending
330     or proposed in either house of the Legislature or its committees or requested by a legislator;
331     and]
332          [(b) the action of the governor in approving or vetoing legislation.]
333          (18) "Legislative official" means:
334          (a) a member, or a member elect, of the Utah Senate or the Utah House of
335     Representatives; or
336          (b) an employee of the Legislature.
337          [(18)] (19) "Lobbying" means communicating with a public official for the purpose of
338     influencing [a legislative action, executive action, local action, or education] government
339     action.
340          [(19)] (20) (a) "Lobbyist" means[:] an individual who accepts or agrees to accept
341     payment, a reward, an incentive, something of value, or other consideration in exchange for
342     lobbying.
343          [(i) an individual who is employed by a principal; or]
344          [(ii) an individual who contracts for economic consideration, other than reimbursement
345     for reasonable travel expenses, with a principal to lobby a public official.]
346          (b) "Lobbyist" includes an individual who engages in lobbying on behalf of an entity in
347     which the individual has an ownership interest.
348          [(b)] (c) "Lobbyist" does not include:
349          (i) a government officer;
350          (ii) a member or employee of the legislative branch of state government;
351          (iii) an individual who, in exchange for lobbying, accepts or agrees to accept only
352     reimbursement for reasonable travel expenses;
353          [(iii)] (iv) a person, including a principal, while appearing at, or providing written
354     comments to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah
355     Administrative Rulemaking Act, or Title 63G, Chapter 4, Administrative Procedures Act;
356          [(iv)] (v) a person participating on or appearing before an advisory or study task force,
357     commission, board, or committee, constituted by the Legislature, a local government, a board
358     of education, or any agency or department of state government, except legislative standing,
359     appropriation, or interim committees;
360          [(v)] (vi) a representative of a political party;
361          [(vi)] (vii) an individual representing a bona fide church solely for the purpose of
362     protecting the right to practice the religious doctrines of the church, unless the individual or
363     church makes an expenditure that confers a benefit on a public official;
364          [(vii)] (viii) a newspaper, television station or network, radio station or network,
365     periodical of general circulation, or book publisher for the purpose of publishing news items,
366     editorials, other comments, or paid advertisements that directly or indirectly urge [legislative
367     action, executive action, local action, or education] government action;
368          [(viii)] (ix) an individual who appears on the individual's own behalf before a
369     committee of the Legislature, an agency of the executive branch of state government, a board
370     of education, the governing body of a local government, a committee of a local government, or
371     a committee of a board of education, solely for the purpose of testifying in support of or in
372     opposition to [legislative action, executive action, local action, or education] government
373     action; or
374          [(ix)] (x) an individual representing a business, entity, or industry, who:
375          (A) interacts with a public official, in the public official's capacity as a public official,
376     while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
377     interaction or while presenting at a legislative committee meeting at the same time that the
378     registered lobbyist is attending another legislative committee meeting; and
379          (B) does not make an expenditure for, or on behalf of, a public official in relation to the
380     interaction or during the period of interaction.
381          [(20)] (21) "Lobbyist group" means two or more lobbyists, principals, government
382     officers, or any combination of lobbyists, principals, and government officers, who each
383     contribute a portion of an expenditure made to benefit a public official or member of the public
384     official's immediate family.
385          [(21) "Local action" means:]
386          [(a) an ordinance or resolution for consideration by a local government;]
387          [(b) a nomination or appointment by a local official or a local government;]
388          [(c) a vote on an administrative action taken by a vote of a local government's
389     legislative body;]
390          [(d) an adjudicative proceeding over which a local official has direct or indirect
391     control;]
392          [(e) a purchasing or contracting decision;]
393          [(f) drafting or making a policy, resolution, or rule;]
394          [(g) determining a rate or fee; or]
395          [(h) making an adjudicative decision.]
396          (22) "Local government" means:
397          (a) a county, city, town, or metro township;
398          (b) a special district governed by Title 17B, Limited Purpose Local Government
399     Entities - Special Districts;
400          (c) a special service district governed by Title 17D, Chapter 1, Special Service District
401     Act;
402          (d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
403     Government Entities - Community Reinvestment Agency Act;
404          (e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
405          (f) a redevelopment agency; or
406          (g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
407     13, Interlocal Cooperation Act.
408          (23) "Local official" means:
409          (a) an elected or appointed member of a local government or local legislative body; or
410          (b) an individual appointed to or employed in a position in a local government [if that
411     individual:].
412          [(i) occupies a policymaking position or makes purchasing or contracting decisions;]
413          [(ii) drafts ordinances or resolutions or drafts or makes rules;]
414          [(iii) determines rates or fees; or]
415          [(iv) makes adjudicative decisions; or]
416          [(c) an immediate family member of an individual described in Subsection (23)(a) or
417     (b).]
418          (24) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
419     make a decision, including a conference, seminar, or summit.
420          (25) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
421     who represents two or more clients and divides the aggregate daily expenditure made to benefit
422     a public official or member of the public official's immediate family between two or more of
423     those clients.
424          (26) "Principal" means a person that [employs an individual to perform lobbying, either
425     as an employee or as an independent contractor] pays or provides, or agrees or promises to pay
426     or provide, a reward, an incentive, something of value, or other consideration to a person to
427     engage in lobbying.
428          [(27) "Public official" means:]
429          [(a) (i) a member of the Legislature;]
430          [(ii) an individual elected to a position in the executive branch of state government; or]
431          [(iii) an individual appointed to or employed in a position in the executive or
432     legislative branch of state government if that individual:]
433          [(A) occupies a policymaking position or makes purchasing or contracting decisions;]
434          [(B) drafts legislation or makes rules;]
435          [(C) determines rates or fees; or]
436          [(D) makes adjudicative decisions;]
437          [(b) an immediate family member of a person described in Subsection (27)(a);]
438          [(c) a local official; or]
439          [(d) an education official.]
440          (27) "Public official" means:
441          (a) an education official;
442          (b) an executive official;
443          (c) a legislative official;
444          (d) a local official; or
445          (e) an immediate family member of an official described in Subsections (27)(a)
446     through (d).
447          (28) "Public official type" means a notation to identify whether a public official is:
448          (a) (i) a member of the Legislature;
449          (ii) an individual elected to a position in the executive branch of state government;
450          (iii) an individual appointed to or employed in a position in the legislative branch of
451     state government [who meets the definition of public official under Subsection (27)(a)(iii)];
452          (iv) an individual appointed to or employed in a position in the executive branch of
453     state government [who meets the definition of public official under Subsection (27)(a)(iii)];
454          (v) a local official, including a description of the type of local government for which
455     the individual is a local official; or
456          (vi) an education official, including a description of the type of board of education for
457     which the individual is an education official; or
458          (b) an immediate family member of an individual described in [Subsection (27)(a), (c),
459     or (d)] Subsections (27)(a) through (d).
460          (29) "Quarterly reporting period" means the three-month period covered by each
461     financial report required under Subsection 36-11-201(2)(a).
462          (30) "Related person" means a person, agent, or employee who [knowingly and
463     intentionally] assists a lobbyist, principal, or government officer in lobbying.
464          (31) "Relative" means:
465          (a) a spouse;
466          (b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
467     brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
468          (c) a spouse of an individual described in Subsection (31)(b).
469          (32) "Tour" means visiting a location, for a purpose relating to the duties of a public
470     official, and not primarily for entertainment, including:
471          (a) viewing a facility;
472          (b) viewing the sight of a natural disaster; or
473          (c) assessing a circumstance in relation to which a public official may need to take
474     action within the scope of the public official's duties.
475          Section 2. Section 36-11-103 is amended to read:
476          36-11-103. Licensing requirements.
477          (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
478     lieutenant governor by completing [the form required by] and submitting the lobbying license
479     application form described in this section.
480          (b) The lieutenant governor shall issue licenses to qualified lobbyists.
481          (c) The lieutenant governor shall prepare a lobbyist license application form that
482     includes:
483          (i) a place for the lobbyist's name and business address;
484          (ii) a place for the following information for each principal for whom the lobbyist
485     works or is hired as an independent contractor:
486          (A) the principal's name;
487          (B) the principal's business address;
488          (C) the name of each public official that the principal employs and the nature of the
489     employment with the public official; and
490          (D) the general purposes, interests, and nature of the principal;
491          (iii) a place for the name and address of the person who paid or will pay the lobbyist's
492     licensing fee, if the fee is not paid by the lobbyist;
493          (iv) a place for the lobbyist to disclose:
494          (A) any elected or appointed position that the lobbyist holds in state or local
495     government, if any; and
496          (B) the name of each public official that the lobbyist employs and the nature of the
497     employment with the public official, if any;
498          (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
499     will be reimbursed;
500          (vi) a statement that an individual is required to register as a foreign agent under
501     Section 36-11-103.5 before engaging in lobbying on behalf of a foreign government;
502          (vii) a place for the lobbyist to indicate whether the lobbyist would like to register as a
503     foreign agent; and
504          (viii) a certification to be signed by the lobbyist that certifies that the information
505     provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
506     belief.
507          (2) Each lobbyist who obtains a license under this section shall update the licensure
508     information when the lobbyist accepts employment for lobbying by a new client.
509          (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
510     lobbying license to an applicant who:
511          (i) files an application with the lieutenant governor that contains the information
512     required by this section and, if applicable, Section 36-11-103.5;
513          (ii) completes the training required by Section 36-11-307; and
514          (iii) pays a $60 licensing fee.
515          (b) A license entitles a person to serve as a lobbyist on behalf of one or more principals
516     and expires on December 31 each year.
517          (4) (a) The lieutenant governor may disapprove an application for a lobbying license:
518          (i) if [the applicant has been convicted of violating Section 76-8-103, 76-8-107,
519     76-8-108, or 76-8-303], within five years before the [date of] day on which the applicant
520     submits the lobbying license application[;], the applicant:
521          (A) is convicted of a violation described in Subsection 36-11-401(3)(a)(i);
522          (B) failed to file a financial report described in Section 36-11-201 within 30 days after
523     the day on which the lieutenant governor notified the applicant that the applicant failed to
524     timely file the financial report; or
525          (C) committed a subsequent violation described in Subsection 36-11-401(2)(b)(ii);
526          (ii) if, within one year before the [date of] day on which the applicant submits the
527     lobbying license application, the applicant is convicted of a violation [of:] described in
528     Subsection 36-11-401(2)(a)(i);
529          [(A) Section 76-8-104; or]
530          [(B) Section 76-9-102, if the violation is a misdemeanor that occurs at an official
531     meeting;]
532          (iii) if the lieutenant governor finds that, within one year before the day on which the
533     applicant submits the lobbying license application, the applicant committed a violation
534     described in Subsection 36-11-401(2)(a)(ii);
535          (iv) if, within one year before the day on which the applicant submits the lobbying
536     license application, the applicant committed a subsequent violation described in Subsection
537     36-11-401(1)(b)(ii);
538          [(iii)] (v) during the term of any suspension imposed under Section 36-11-401;
539          [(iv)] (vi) if the applicant has not complied with Subsection 36-11-307(6);
540          [(v)] (vii) during the term of a suspension imposed under Subsection 36-11-501(3);
541          [(vi)] (viii) if the lobbyist fails to pay a fine imposed under [Subsection 36-11-501(3)]
542     this chapter; or
543          [(vii) if, within one year before the date of the lobbying license application, the
544     applicant has been found to have willingly and knowingly:]
545          [(A) violated this section or Section 36-11-201, 36-11-301, 36-11-302, 36-11-303,
546     36-11-304, 36-11-305, or 36-11-403; or]
547          [(B) filed a document required by this chapter that the lobbyist knew contained
548     materially false information or omitted material information; or]
549          [(viii)] (ix) if the applicant is prohibited from becoming a lobbyist under Title 67,
550     Chapter 24, Lobbying Restrictions Act.
551          (b) An applicant may appeal the disapproval in accordance with the procedures
552     established by the lieutenant governor under this chapter and Title 63G, Chapter 4,
553     Administrative Procedures Act.
554          (5) The lieutenant governor shall deposit each licensing fee into the General Fund as a
555     dedicated credit to be used by the lieutenant governor to pay the cost of administering the
556     license program described in this section.
557          (6) A principal need not obtain a license under this section, but if the principal makes
558     expenditures to benefit a public official without using a lobbyist as an agent to confer those
559     benefits, the principal shall disclose those expenditures as required by Section 36-11-201.
560          (7) Government officers need not obtain a license under this section, but shall disclose
561     any expenditures made to benefit public officials as required by Section 36-11-201.
562          (8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
563     lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
564     reports by Section 36-11-201.
565          Section 3. Section 36-11-201 is amended to read:
566          36-11-201. Lobbyist, principal, and government officer financial reporting
567     requirements -- Prohibition for related person to make expenditures.
568          (1) (a) (i) Except as provided in Subsection (1)(a)(ii), a lobbyist shall file financial
569     reports with the lieutenant governor on or before the due dates specified in Subsection (2).
570          (ii) A lobbyist who has not made an expenditure during a quarterly reporting period is
571     not required to file a quarterly financial report for that quarterly reporting period.
572          (iii) A lobbyist who is not required to file any quarterly reports under this section for a
573     calendar year shall, on or before January 10 of the following year, file a financial report listing
574     the amount of the expenditures for the entire preceding year as "none."
575          (b) Except as provided in Subsection (1)(c), a government officer or principal that
576     makes an expenditure during any of the quarterly reporting periods under Subsection (2)(a)
577     shall file a financial report with the lieutenant governor on or before the date that a report for
578     that quarter is due.
579          (c) (i) As used in this Subsection (1)(c), "same local government type" means:
580          (A) for a county government, the same county government or another county
581     government;
582          (B) for a municipal government, the same municipal government or another municipal
583     government;
584          (C) for a board of education, the same board of education;
585          (D) for a local school board described in Title 53G, Chapter 4, School Districts, the
586     same local school board or another local school board;
587          (E) for a special district, the same special district or another special district or a special
588     service district;
589          (F) for a special service district, the same special service district or another special
590     service district or a special district; or
591          (G) for a participant in an interlocal agreement, another participant in the same
592     interlocal agreement.
593          (ii) A local official or an education official is not required, under this section, to report
594     an expenditure made by the local official or education official to another local official or
595     education official of the same local government type as the local official or education official
596     making the expenditure.
597          (2) (a) A financial report is due quarterly on the following dates:
598          (i) April 10, for the period of January 1 through March 31;
599          (ii) July 10, for the period of April 1 through June 30;
600          (iii) October 10, for the period of July 1 through September 30; and
601          (iv) January 10, for the period of October 1 through December 31 of the previous year.
602          (b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
603     the report is due on the next succeeding business day.
604          (c) A financial report is timely filed if it is filed electronically before the close of
605     regular office hours on or before the due date.
606          (3) A financial report shall contain:
607          (a) the total amount of expenditures made to benefit any public official during the
608     quarterly reporting period;
609          (b) the total amount of expenditures made, by the type of public official, during the
610     quarterly reporting period;
611          (c) for the financial report due on January 10:
612          (i) the total amount of expenditures made to benefit any public official during the last
613     calendar year; and
614          (ii) the total amount of expenditures made, by the type of public official, during the last
615     calendar year;
616          (d) a disclosure of each expenditure made during the quarterly reporting period to
617     reimburse or pay for travel or lodging for a public official, including:
618          (i) each travel destination and each lodging location;
619          (ii) the name of each public official who benefitted from the expenditure on travel or
620     lodging;
621          (iii) the public official type of each public official named;
622          (iv) for each public official named, a listing of the amount and purpose of each
623     expenditure made for travel or lodging; and
624          (v) the total amount of expenditures listed under Subsection (3)(d)(iv);
625          (e) a disclosure of aggregate daily expenditures greater than $10 made during the
626     quarterly reporting period including:
627          (i) the date and purpose of the expenditure;
628          (ii) the location of the expenditure;
629          (iii) the name of any public official benefitted by the expenditure;
630          (iv) the type of the public official benefitted by the expenditure; and
631          (v) the total monetary worth of the benefit that the expenditure conferred on any public
632     official;
633          (f) for each public official who was employed by the lobbyist, principal, or government
634     officer, a list that provides:
635          (i) the name of the public official; and
636          (ii) the nature of the employment with the public official;
637          (g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
638     principal, or government officer made an expenditure to a public official;
639          (h) a description of each [executive] government action on behalf of which the
640     lobbyist, principal, or government officer made an expenditure to a public official;
641          (i) a description of each [local action or education] government action regarding which
642     the lobbyist, principal, or government officer made an expenditure to a local official or
643     education official;
644          (j) the general purposes, interests, and nature of the entities that the lobbyist, principal,
645     or government officer filing the report represents; and
646          (k) for a lobbyist, a certification that the information provided in the report is true,
647     accurate, and complete to the lobbyist's best knowledge and belief.
648          (4) A related person may not, while assisting a lobbyist, principal, or government
649     officer in lobbying, make an expenditure that benefits a public official under circumstances that
650     would otherwise fall within the disclosure requirements of this chapter if the expenditure was
651     made by the lobbyist, principal, or government officer.
652          (5) The lieutenant governor shall:
653          (a) (i) develop a preprinted form for a financial report required by this section; and
654          (ii) make copies of the form available to a lobbyist, principal, or government officer
655     who requests a form; and
656          (b) provide a reporting system that allows a lobbyist, principal, or government officer
657     to submit a financial report required by this chapter via the Internet.
658          (6) (a) A lobbyist and a principal shall continue to file a financial report required by
659     this section until the lobbyist or principal files a statement with the lieutenant governor that:
660          (i) (A) for a lobbyist, states that the lobbyist has ceased lobbying activities; or
661          (B) for a principal, states that the principal no longer employs an individual as a
662     lobbyist;
663          (ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
664     license;
665          (iii) contains a listing, as required by this section, of all previously unreported
666     expenditures that have been made through the date of the statement; and
667          (iv) states that the lobbyist or principal will not make any additional expenditure that is
668     not disclosed on the statement unless the lobbyist or principal complies with the disclosure and
669     licensing requirements of this chapter.
670          (b) Except as provided in Subsection (1)(a)(ii), a lobbyist or principal that is required
671     to file a financial report under this section is required to file the report quarterly until the
672     lobbyist or principal files the statement required by Subsection (6)(a).
673          Section 4. Section 36-11-301 is repealed and reenacted to read:
674          36-11-301. Contingent consideration, reward, or incentive prohibited.
675          (1) As used in this section:
676          (a) "Actor" means the same as that term is defined in Section 76-1-101.5.
677          (b) "Anything of value" includes anything of any worth or potential worth, regardless
678     of whether the worth is speculative or may only be realized in the future, including:
679          (i) money;
680          (ii) a tangible or intangible item;
681          (iii) an ownership interest or other interest in personal property, real property, an entity,
682     a venture, or another matter or thing;
683          (iv) intellectual property;
684          (v) royalties;
685          (vi) stocks or bonds;
686          (vii) accounts receivable;
687          (viii) forgiveness of debt;
688          (ix) a loan made below fair market value;
689          (x) a loan made upon beneficial terms that are provided without compensation, at fair
690     market value, for the terms;
691          (xi) goods or services;
692          (xii) the use of real or personal property;
693          (xiii) travel, or goods or services incidental to travel;
694          (xiv) entertainment; or
695          (xv) participation in, or attendance at, an event.
696          (2) It is unlawful for an actor to:
697          (a) give, offer to give, agree to give, or promise to give anything of value to a person as
698     consideration, a reward for, or an incentive for lobbying, if the consideration, reward, or
699     incentive, or the value of the consideration, reward, or incentive is based on:
700          (i) whether certain government action occurs or does not occur;
701          (ii) the circumstances under which, or the manner in which, certain government action
702     occurs or does not occur; or
703          (iii) the timing with which certain government action occurs or does not occur; or
704          (b) solicit, accept, or agree to accept anything of value from a person as consideration,
705     a reward for, or an incentive for lobbying, if the consideration, reward, or incentive, or the
706     value of the consideration, reward, or incentive is based on:
707          (i) whether certain government action occurs or does not occur;
708          (ii) the circumstances under which, or the manner in which, certain government action
709     occurs or does not occur; or
710          (iii) the timing with which certain government action occurs or does not occur.
711          (3) A violation of Subsection (2) is a class B misdemeanor.
712          (4) A person who violates this section is, in addition to the applicable criminal
713     penalties, subject to:
714          (a) an administrative fine imposed by the lieutenant governor of the greater of:
715          (i) up to $10,000; or
716          (ii) the total value of the things the actor gave, offered, agreed to give, or promised to
717     give in violation of this section; and
718          (b) if the actor is a lobbyist, suspension of the actor's lobbying license for up to five
719     years.
720          (5) A person may appeal a penalty imposed under Subsection (4) in accordance with
721     Title 63G, Chapter 4, Administrative Procedures Act.
722     The following section is affected by a coordination clause at the end of this bill.
723          Section 5. Section 36-11-302 is amended to read:
724          36-11-302. Improper influence -- Communication with a legislator's employer
725     prohibited.
726          (1) A person may not seek to influence the vote of any legislator through
727     communication with the legislator's employer.
728          (2) A violation of Subsection (1) is a class B misdemeanor.
729          Section 6. Section 36-11-303 is amended to read:
730          36-11-303. Prohibition on communicating false information to a public officer.
731          (1) A person may not intentionally communicate to a public official any false
732     information materially related to a matter within the responsibility of the public official.
733          (2) A violation of Subsection (1) is a class B misdemeanor.
734          Section 7. Section 36-11-401 is repealed and reenacted to read:
735          36-11-401. Administrative penalties and license suspensions.
736          (1) (a) Except as provided in Subsection (2), a person is subject to the penalties
737     described in Subsection (1)(b) if the lieutenant governor finds that the person has:
738          (i) intentionally or knowingly violated Subsection 36-11-103(1)(a) or Section
739     36-11-403, relating to lobbying without a license;
740          (ii) violated Subsection 36-11-103(2), relating to updating licensing information;
741          (iii) violated Subsection 36-11-103(6) or (7), relating to the disclosure of expenditures;
742          (iv) violated Subsection 36-11-201(4), relating to a related person making an
743     expenditure; or
744          (v) failed to timely file a financial report described in this chapter.
745          (b) The penalties applicable to Subsection (1)(a) are:
746          (i) except as provided in Subsection (1)(b)(ii), an administrative penalty of up to
747     $1,000 for each violation; or
748          (ii) for a subsequent violation of the same provision, described in Subsection (1)(a),
749     within two years after the day on which the person last violated the provision:
750          (A) an administrative penalty of up to $5,000; and
751          (B) suspension of the violator's lobbying license for up to one year.
752          (2) (a) A person is subject to the penalties described in Subsection (2)(b) if:
753          (i) the person is convicted of:
754          (A) Section 76-8-104, Threats to influence official or political action; or
755          (B) Section 76-9-102, Disorderly conduct, if the violation is a misdemeanor that occurs
756     at an official meeting; or
757          (ii) the lieutenant governor finds that the person has:
758          (A) intentionally violated Subsection 36-11-103(2), relating to updating licensing
759     information;
760          (B) intentionally violated Subsection 36-11-103(6) or (7), relating to the disclosure of
761     expenditures;
762          (C) intentionally violated Subsection 36-11-201(4), relating to a related person making
763     an expenditure;
764          (D) intentionally failed to timely file a financial report described in this chapter;
765          (E) violated Section 36-11-103.5, Registering as a foreign agent, if the applicant knew
766     or should have known that the person on whose behalf they lobbied was a foreign government;
767          (F) violated Section 36-11-302, Improper influence -- Communication with a
768     legislator's employer prohibited;
769          (G) violated Section 36-11-303, Prohibition on communicating false information to a
770     public officer;
771          (H) violated Section 36-11-304, Expenditures over certain amounts prohibited;
772          (I) intentionally violated Subsection 36-11-201(1), (2), or (6), relating to financial
773     reporting requirements;
774          (J) violated Subsection 36-11-201(4), relating to making an expenditure;
775          (K) violated Section 36-11-305.5(2), relating to name tag requirements;
776          (L) intentionally violated Subsection 36-11-305.5(3), relating to communicating the
777     identity of a principal;
778          (M) violated Section 36-11-306, Conflicts of interest; or
779          (N) provided information that the applicant knew or should have known was false or
780     misleading in, or knowingly omitted material information from, an application, report, or other
781     disclosure described in this chapter.
782          (b) The penalties applicable to a violation described in Subsection (2)(a) are:
783          (i) except as provided in Subsection (2)(b)(ii):
784          (A) an administrative penalty of up to $5,000; and
785          (B) suspension of the violator's lobbying license for up to one year; or
786          (ii) for a subsequent violation of the same provision, described in Subsection (2)(a),
787     within two years after the day on which the person last violated the provision:
788          (A) an administrative penalty of up to $10,000; and
789          (B) suspension of the violator's lobbying license for up to five years.
790          (3) (a) A person is subject to the penalties described in Subsection (3)(b) if the person:
791          (i) is convicted of:
792          (A) Section 76-8-103, Bribery or offering a bribe;
793          (B) Section 76-8-107, Alteration of proposed legislative bill or resolution;
794          (C) Section 76-8-108, Alteration of enrolled legislative bill or resolution;
795          (D) Section 76-8-303, Prevention of Legislature or public servants from meeting or
796     organizing;
797          (E) Section 36-11-301, Contingent consideration, reward, or incentive prohibited; or
798          (F) Section 36-11-305, Campaign contribution during session prohibited; or
799          (ii) fails to file a financial report described in Section 36-11-201 within 30 days after
800     the day on which the lieutenant governor notifies the person that the person failed to timely file
801     the financial report.
802          (b) The penalties applicable to a violation described in Subsection (3)(a) are:
803          (i) except as provided in Subsection 36-11-301(4)(a), an administrative penalty of up to
804     $10,000; and
805          (ii) suspension of the violator's lobbying license for up to five years.
806          (4) The administrative penalties and license suspensions described in this section are in
807     addition to any criminal penalties imposed for the violation.
808          (5) A person may appeal a penalty imposed under this section in accordance with Title
809     63G, Chapter 4, Administrative Procedures Act.
810          (6) A person with evidence of a possible violation of this chapter may submit the
811     evidence to the lieutenant governor for investigation.
812          (7) This chapter does not create a third-party cause of action.
813          Section 8. Section 53-1-102 is amended to read:
814          53-1-102. Definitions.
815          (1) As used in this title:
816          (a) "Capitol hill complex" means the same as that term is defined in Section
817     63C-9-102.
818          (b) "Commissioner" means the commissioner of public safety appointed under Section
819     53-1-107.
820          (c) "Department" means the Department of Public Safety created in Section 53-1-103.
821          (d) "Governor-elect" means an individual whom the board of canvassers determines to
822     be the successful candidate for governor after a general election for the office of governor.
823          (e) "Law enforcement agency" means an entity or division of:
824          (i) (A) the federal government, a state, or a political subdivision of a state;
825          (B) a state institution of higher education; or
826          (C) a private institution of higher education, if the entity or division is certified by the
827     commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency;
828     and
829          (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes,
830     and ordinances.
831          (f) "Law enforcement officer" means the same as that term is defined in Section
832     53-13-103.
833          (g) "Motor vehicle" means every self-propelled vehicle and every vehicle propelled by
834     electric power obtained from overhead trolley wires, but not operated upon rails, except
835     motorized wheel chairs and vehicles moved solely by human power.
836          (h) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13,
837     Peace Officer Classifications.
838          (i) "Public official" means [the same as that term is defined in Section 36-11-102.]:
839          (i) a member of the Legislature;
840          (ii) an individual elected to a position in the executive branch of state government;
841          (iii) an individual appointed to or employed in a position in the executive or legislative
842     branch of state government if that individual:
843          (A) occupies a policymaking position;
844          (B) makes purchasing or contracting decisions;
845          (C) drafts legislation or makes rules;
846          (D) determines rates or fees; or
847          (E) makes adjudicative decisions;
848          (iv) an elected member of a local government, as defined in Section 36-11-102;
849          (v) an individual appointed to or employed in a position in a local government, as
850     defined in Section 36-11-102, if that individual:
851          (A) occupies a policymaking position;
852          (B) makes purchasing or contracting decisions;
853          (C) drafts ordinances or resolutions or drafts or makes rules;
854          (D) determines rates or fees; or
855          (E) makes adjudicative decisions;
856          (vi) a member of a board of education, as defined in Section 36-11-102;
857          (vii) an individual appointed to or employed in a position under a board of education,
858     as defined in Section 36-11-102, if that individual:
859          (A) occupies a policymaking position;
860          (B) makes purchasing or contracting decisions;
861          (C) drafts resolutions or policies or drafts or makes rules;
862          (D) determines rates or fees;
863          (E) makes decisions relating to an education budget or the expenditure of public
864     money; or
865          (F) makes adjudicative decisions; or
866          (viii) an immediate family member of an individual described in Subsections (1)(i)(i)
867     through (vii).
868          (j) "State institution of higher education" means the same as that term is defined in
869     Section 53B-3-102.
870          (k) "Vehicle" means every device in, upon, or by which any person or property is or
871     may be transported or drawn upon a highway, excepting devices used exclusively upon
872     stationary rails or tracks.
873          (2) The definitions provided in Subsection (1) are to be applied throughout this title in
874     addition to definitions that are applicable to specific chapters or parts.
875          Section 9. Section 53-1-106 is amended to read:
876          53-1-106. Department duties -- Powers.
877          (1) In addition to the responsibilities contained in this title, the department shall:
878          (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
879     Code, including:
880          (i) setting performance standards for towing companies to be used by the department,
881     as required by Section 41-6a-1406; and
882          (ii) advising the Department of Transportation regarding the safe design and operation
883     of school buses, as required by Section 41-6a-1304;
884          (b) make rules to establish and clarify standards pertaining to the curriculum and
885     teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
886          (c) aid in enforcement efforts to combat drug trafficking;
887          (d) meet with the Division of Technology Services to formulate contracts, establish
888     priorities, and develop funding mechanisms for dispatch and telecommunications operations;
889          (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
890     Victims of Crime in conducting research or monitoring victims' programs, as required by
891     Section 63M-7-505;
892          (f) develop sexual assault exam protocol standards in conjunction with the Utah
893     Hospital Association;
894          (g) engage in emergency planning activities, including preparation of policy and
895     procedure and rulemaking necessary for implementation of the federal Emergency Planning
896     and Community Right to Know Act of 1986, as required by Section 53-2a-702;
897          (h) implement the provisions of Section 53-2a-402, the Emergency Management
898     Assistance Compact;
899          (i) ensure that any training or certification required of a public official, as defined in
900     Section 53-1-102, or public employee[, as those terms are defined in Section 63G-22-102,]
901     complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the
902     training or certification is required:
903          (i) under this title;
904          (ii) by the department; or
905          (iii) by an agency or division within the department;
906          (j) employ a law enforcement officer as a public safety liaison to be housed at the State
907     Board of Education who shall work with the State Board of Education to:
908          (i) support training with relevant state agencies for school resource officers as
909     described in Section 53G-8-702;
910          (ii) coordinate the creation of model policies and memorandums of understanding for a
911     local education agency and a local law enforcement agency; and
912          (iii) ensure cooperation between relevant state agencies, a local education agency, and
913     a local law enforcement agency to foster compliance with disciplinary related statutory
914     provisions, including Sections 53E-3-516 and 53G-8-211;
915          (k) provide for the security and protection of public officials, public officials' staff, and
916     the capitol hill complex in accordance with the provisions of this part; and
917          (l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
918     assessments.
919          (2) (a) The department shall establish a schedule of fees as required or allowed in this
920     title for services provided by the department.
921          (b) All fees not established in statute shall be established in accordance with Section
922     63J-1-504.
923          (3) The department may establish or contract for the establishment of an Organ
924     Procurement Donor Registry in accordance with Section 26B-8-319.
925          Section 10. Section 63E-1-404 is amended to read:
926          63E-1-404. Penalties for violation.
927          (1) A person who knowingly violates this part:
928          (a) is guilty of a third degree felony if the combined value of any compensation or
929     assets received by the person as a result of the violation is equal to or greater than $10,000; or
930          (b) is guilty of a class A misdemeanor if the combined value of any compensation or
931     assets received by the person as a result of the violation is less than $10,000.
932          (2) (a) In addition to any penalty imposed under Subsection (1), a person that violates
933     this part shall return to the successor of the independent entity any compensation or assets
934     received in violation of this part.
935          (b) If the assets received by the person in violation of this part are no longer in the
936     possession of the person, the person shall pay the successor of the independent entity an
937     amount equal to the fair market value of the asset at the time the person received the asset.
938          (3) Notwithstanding Subsection [36-11-401(3)] 36-11-301(3), if a lobbyist violates
939     Subsection 63E-1-402(2)(b)(i), the lobbyist is guilty of the crime outlined in Subsection (1),
940     which crime shall be determined by the value of compensation or assets received by the
941     lobbyist.
942          Section 11. Section 63G-23-102 is amended to read:
943          63G-23-102. Definitions.
944          As used in this chapter:
945          (1) "Public official" means, except as provided in Subsection (3), the same as that term
946     is defined in Section [36-11-102] 53-1-102.
947          (2) "Public official" includes a judge or justice of:
948          (a) the Utah Supreme Court;
949          (b) the Utah Court of Appeals; or
950          (c) a district court.
951          (3) "Public official" does not include a local official or an education official as defined
952     in Section 36-11-102.
953          Section 12. Effective date.
954          This bill takes effect on May 1, 2024.
955          Section 13. Coordinating H.B. 542 with H.B. 138, and S.B. 183.
956          If H.B. 542, Lobbyist Disclosure and Regulation Act Modifications, and H.B. 138,
957     Lobbyist Disclosure and Regulation Act Amendments, both pass and become law; if H.B. 542,
958     Lobbyist Disclosure and Regulation Act Modifications, and S.B. 183, Lobbyist Activities
959     Amendments, both pass and become law; or if H.B. 542, Lobbyist Disclosure and Regulation
960     Act Modifications, H.B. 138, Lobbyist Disclosure and Regulation Act Amendments, and S.B.
961     183, Lobbyist Activities Amendments, all pass and become law, the Legislature intends that,
962     on May 1, 2024, Section 36-11-302 be amended to read:
963          "36-11-302. Improper influence -- Communication with an elected official's employer
964     prohibited.
965          [A person may not seek to influence the vote of any legislator through communication
966     with the legislator's employer.](1) As used in this section:
967          (a) "Elected official" means:
968          (i) a member of the Legislature;
969          (ii) a member of the legislative body of a local government;
970          (iii) a member of a board of education; or
971          (iv) the mayor of a city, town, or metro township.
972          (b) "Elected official" includes a person who is appointed to fill a vacancy in the office
973     of an elected official described in Subsection (1)(a).
974          (2) A person may not communicate with an elected official's employer with the intent
975     to influence, coerce, or intimidate the elected official's action on a vote or another official act.
976          (3) A violation of Subsection (2) is a class B misdemeanor.".