Utah 2023 Regular Session

Utah House Bill HB0413 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		H.B. 413
2	2		LEGISLATIVE GENERAL COUNSEL
3	3		6 Approved for Filing: E.A. Evans 6
4	4		6 02-07-23 12:48 PM 6
5	5		H.B. 413
6	6		1 LOBBYIST AMENDMENTS
7	7		2 2023 GENERAL SESSION
8	8		3 STATE OF UTAH
9	9		4 Chief Sponsor: Tim Jimenez
10	10		5 Senate Sponsor: ____________
11	11		6
12	12		7LONG TITLE
13	13		8General Description:
14	14		9 This bill modifies the Lobbyist Disclosure and Regulation Act.
15	15		10Highlighted Provisions:
16	16		11 This bill:
17	17		12 <creates and modifies definitions;
18	18		13 <modifies the lobbyist license application form;
19	19		14 <modifies the foreign agent registration form;
20	20		15 <modifies provisions prohibiting the contingent compensation of a lobbyist;
21	21		16 <enhances the penalty for certain violations of provisions prohibiting the contingent
22	22		17compensation of a lobbyist; and
23	23		18 <makes technical and conforming changes.
24	24		19Money Appropriated in this Bill:
25	25		20 None
26	26		21Other Special Clauses:
27	27		22 None
28	28		23Utah Code Sections Affected:
29	29		24AMENDS:
30	30		25 36-11-102, as last amended by Laws of Utah 2022, Chapter 125
31	31		26 36-11-103, as last amended by Laws of Utah 2022, Chapter 125
32	32		27 36-11-103.5, as enacted by Laws of Utah 2022, Chapter 125
33	33		HB0413 H.B. 413 02-07-23 12:48 PM
34	34		- 2 -
35	35		28 36-11-301, as enacted by Laws of Utah 1991, Chapter 280
36	36		29 36-11-401, as last amended by Laws of Utah 2022, Chapter 125
37	37		30
38	38		31Be it enacted by the Legislature of the state of Utah:
39	39		32 Section 1. Section 36-11-102 is amended to read:
40	40		33 36-11-102. Definitions.
41	41		34 As used in this chapter:
42	42		35 (1) "Aggregate daily expenditures" means:
43	43		36 (a) for a single lobbyist, principal, or government officer, the total of all expenditures
44	44		37made within a calendar day by the lobbyist, principal, or government officer for the benefit of
45	45		38an individual public official;
46	46		39 (b) for an expenditure made by a member of a lobbyist group, the total of all
47	47		40expenditures made within a calendar day by every member of the lobbyist group for the benefit
48	48		41of an individual public official; or
49	49		42 (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
50	50		43lobbyist within a calendar day for the benefit of an individual public official, regardless of
51	51		44whether the expenditures were attributed to different clients.
52	52		45 (2) "Approved activity" means an event, a tour, or a meeting:
53	53		46 (a) (i) to which a legislator or another nonexecutive branch public official is invited;
54	54		47and
55	55		48 (ii) attendance at which is approved by:
56	56		49 (A) the speaker of the House of Representatives, if the public official is a member of
57	57		50the House of Representatives or another nonexecutive branch public official; or
58	58		51 (B) the president of the Senate, if the public official is a member of the Senate or
59	59		52another nonexecutive branch public official; or
60	60		53 (b) (i) to which a public official who holds a position in the executive branch of state
61	61		54government is invited; and
62	62		55 (ii) attendance at which is approved by the governor or the lieutenant governor.
63	63		56 (3) "Board of education" means:
64	64		57 (a) a local school board described in Title 53G, Chapter 4, School Districts;
65	65		58 (b) the State Board of Education; 02-07-23 12:48 PM H.B. 413
66	66		- 3 -
67	67		59 (c) the State Charter School Board created under Section 53G-5-201; or
68	68		60 (d) a charter school governing board described in Title 53G, Chapter 5, Charter
69	69		61Schools.
70	70		62 (4) "Capitol hill complex" means the same as that term is defined in Section
71	71		6363C-9-102.
72	72		64 (5) (a) "Compensation" means anything of economic value, however designated, that is
73	73		65paid, loaned, granted, given, donated, or transferred to an individual for the provision of
74	74		66services or ownership before any withholding required by federal or state law.
75	75		67 (b) "Compensation" includes:
76	76		68 (i) a salary or commission;
77	77		69 (ii) a bonus;
78	78		70 (iii) a benefit;
79	79		71 (iv) a contribution to a retirement program or account;
80	80		72 (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
81	81		73Code, and subject to social security deductions, including a payment in excess of the maximum
82	82		74amount subject to deduction under social security law;
83	83		75 (vi) an amount that the individual authorizes to be deducted or reduced for salary
84	84		76deferral or other benefits authorized by federal law; or
85	85		77 (vii) income based on an individual's ownership interest.
86	86		78 (6) "Compensation payor" means a person who pays compensation to a public official
87	87		79in the ordinary course of business:
88	88		80 (a) because of the public official's ownership interest in the compensation payor; or
89	89		81 (b) for services rendered by the public official on behalf of the compensation payor.
90	90		82 (7) "Education action" means:
91	91		83 (a) a resolution, policy, or other official action for consideration by a board of
92	92		84education;
93	93		85 (b) a nomination or appointment by an education official or a board of education;
94	94		86 (c) a vote on an administrative action taken by a vote of a board of education;
95	95		87 (d) an adjudicative proceeding over which an education official has direct or indirect
96	96		88control;
97	97		89 (e) a purchasing or contracting decision; H.B. 413 02-07-23 12:48 PM
98	98		- 4 -
99	99		90 (f) drafting or making a policy, resolution, or rule;
100	100		91 (g) determining a rate or fee; [or]
101	101		92 (h) making an adjudicative decision[.]; or
102	102		93 (i) a decision relating to an education budget or the expenditure of public money.
103	103		94 (8) "Education official" means:
104	104		95 (a) a member of a board of education;
105	105		96 (b) an individual appointed to or employed in a position under a board of education, if
106	106		97that individual:
107	107		98 (i) occupies a policymaking position or makes purchasing or contracting decisions;
108	108		99 (ii) drafts resolutions or policies or drafts or makes rules;
109	109		100 (iii) determines rates or fees;
110	110		101 (iv) makes decisions relating to an education budget or the expenditure of public
111	111		102money; or
112	112		103 (v) makes adjudicative decisions; or
113	113		104 (c) an immediate family member of an individual described in Subsection (8)(a) or (b).
114	114		105 (9) "Event" means entertainment, a performance, a contest, or a recreational activity
115	115		106that an individual participates in or is a spectator at, including a sporting event, an artistic
116	116		107event, a play, a movie, dancing, or singing.
117	117		108 (10) "Executive action" means:
118	118		109 (a) a nomination or appointment by the governor;
119	119		110 (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
120	120		111made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
121	121		112 (c) agency ratemaking proceedings; [or]
122	122		113 (d) an adjudicative proceeding of a state agency[.]; or
123	123		114 (e) a decision relating to a government budget or the expenditure of public money.
124	124		115 (11) (a) "Expenditure" means any of the items listed in this Subsection (11)(a) when
125	125		116given to or for the benefit of a public official unless consideration of equal or greater value is
126	126		117received:
127	127		118 (i) a purchase, payment, or distribution;
128	128		119 (ii) a loan, gift, or advance;
129	129		120 (iii) a deposit, subscription, or forbearance; 02-07-23 12:48 PM H.B. 413
130	130		- 5 -
131	131		121 (iv) services or goods;
132	132		122 (v) money;
133	133		123 (vi) real property;
134	134		124 (vii) a ticket or admission to an event; or
135	135		125 (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
136	136		126any item listed in Subsections (11)(a)(i) through (vii).
137	137		127 (b) "Expenditure" does not mean:
138	138		128 (i) a commercially reasonable loan made in the ordinary course of business;
139	139		129 (ii) a campaign contribution:
140	140		130 (A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
141	141		131Reporting Requirements, Section 10-3-208, Section 17-16-6.5, or any applicable ordinance
142	142		132adopted under Subsection 10-3-208(6) or 17-16-6.5(1); or
143	143		133 (B) lawfully given to a person that is not required to report the contribution under a law
144	144		134or ordinance described in Subsection (11)(b)(ii)(A);
145	145		135 (iii) printed informational material that is related to the performance of the recipient's
146	146		136official duties;
147	147		137 (iv) a devise or inheritance;
148	148		138 (v) any item listed in Subsection (11)(a) if:
149	149		139 (A) given by a relative;
150	150		140 (B) given by a compensation payor for a purpose solely unrelated to the public
151	151		141official's position as a public official;
152	152		142 (C) the item is food or beverage with a value that does not exceed the food
153	153		143reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
154	154		144the food reimbursement rate; or
155	155		145 (D) the item is not food or beverage, has a value of less than $10, and the aggregate
156	156		146daily expenditures do not exceed $10;
157	157		147 (vi) food or beverage that is provided at an event, a tour, or a meeting to which the
158	158		148following are invited:
159	159		149 (A) all members of the Legislature;
160	160		150 (B) all members of a standing or interim committee;
161	161		151 (C) all members of an official legislative task force; H.B. 413 02-07-23 12:48 PM
162	162		- 6 -
163	163		152 (D) all members of a party caucus; or
164	164		153 (E) all members of a group described in Subsections (11)(b)(vi)(A) through (D) who
165	165		154are attending a meeting of a national organization whose primary purpose is addressing general
166	166		155legislative policy;
167	167		156 (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
168	168		157official who is:
169	169		158 (A) giving a speech at the event, tour, or meeting;
170	170		159 (B) participating in a panel discussion at the event, tour, or meeting; or
171	171		160 (C) presenting or receiving an award at the event, tour, or meeting;
172	172		161 (viii) a plaque, commendation, or award that:
173	173		162 (A) is presented in public; and
174	174		163 (B) has the name of the individual receiving the plaque, commendation, or award
175	175		164inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
176	176		165award;
177	177		166 (ix) a gift that:
178	178		167 (A) is an item that is not consumable and not perishable;
179	179		168 (B) a public official, other than a local official or an education official, accepts on
180	180		169behalf of the state;
181	181		170 (C) the public official promptly remits to the state;
182	182		171 (D) a property administrator does not reject under Section 63G-23-103;
183	183		172 (E) does not constitute a direct benefit to the public official before or after the public
184	184		173official remits the gift to the state; and
185	185		174 (F) after being remitted to the state, is not transferred, divided, distributed, or used to
186	186		175distribute a gift or benefit to one or more public officials in a manner that would otherwise
187	187		176qualify the gift as an expenditure if the gift were given directly to a public official;
188	188		177 (x) any of the following with a cash value not exceeding $30:
189	189		178 (A) a publication; or
190	190		179 (B) a commemorative item;
191	191		180 (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
192	192		181which is:
193	193		182 (A) to solicit a contribution that is reportable under Title 20A, Chapter 11, Campaign 02-07-23 12:48 PM H.B. 413
194	194		- 7 -
195	195		183and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section 10-3-208, Section
196	196		18417-16-6.5, or an applicable ordinance adopted under Subsection 10-3-208(6) or 17-16-6.5(1);
197	197		185 (B) to solicit a campaign contribution that a person is not required to report under a law
198	198		186or ordinance described in Subsection (11)(b)(xi)(A); or
199	199		187 (C) charitable solicitation, as defined in Section 13-22-2;
200	200		188 (xii) travel to, lodging at, food or beverage served at, and admission to an approved
201	201		189activity;
202	202		190 (xiii) sponsorship of an approved activity;
203	203		191 (xiv) notwithstanding Subsection (11)(a)(vii), admission to, attendance at, or travel to
204	204		192or from an event, a tour, or a meeting:
205	205		193 (A) that is sponsored by a governmental entity;
206	206		194 (B) that is widely attended and related to a governmental duty of a public official;
207	207		195 (C) for a local official, that is sponsored by an organization that represents only local
208	208		196governments, including the Utah Association of Counties, the Utah League of Cities and
209	209		197Towns, or the Utah Association of Special Districts; or
210	210		198 (D) for an education official, that is sponsored by a public school, a charter school, or
211	211		199an organization that represents only public schools or charter schools, including the Utah
212	212		200Association of Public Charter Schools, the Utah School Boards Association, or the Utah
213	213		201School Superintendents Association; or
214	214		202 (xv) travel to a widely attended tour or meeting related to a governmental duty of a
215	215		203public official if that travel results in a financial savings to:
216	216		204 (A) for a public official who is not a local official or an education official, the state; or
217	217		205 (B) for a public official who is a local official or an education official, the local
218	218		206government or board of education to which the public official belongs.
219	219		207 (12) "Food reimbursement rate" means the total amount set by the director of the
220	220		208Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an
221	221		209employee of the executive branch, for an entire day.
222	222		210 (13) (a) "Foreign agent" means an individual who engages in lobbying under contract
223	223		211with:
224	224		212 (i) a foreign government[.];
225	225		213 (ii) an official of a foreign government; H.B. 413 02-07-23 12:48 PM
226	226		- 8 -
227	227		214 (iii) a foreign corporation that the individual knows or has reason to know is owned or
228	228		215controlled by a foreign government; or
229	229		216 (iv) an official of a foreign corporation that the individual knows or has reason to know
230	230		217is owned or controlled by a foreign government.
231	231		218 (b) "Foreign agent" does not include an individual who:
232	232		219 (i) is recognized by the United States Department of State as a duly accredited
233	233		220diplomatic or consular officer of a foreign government, including a duly accredited honorary
234	234		221consul[.]; or
235	235		222 (ii) engages in lobbying on behalf of a foreign corporation or an official of a foreign
236	236		223corporation solely in the individual's capacity as a lobbyist for a trade association that:
237	237		224 (A) has a broad industry membership; and
238	238		225 (B) includes members that are foreign corporations or officials of foreign corporations.
239	239		226 (14) "Foreign government" means a government other than the government of:
240	240		227 (a) the United States;
241	241		228 (b) a state within the United States;
242	242		229 (c) a territory or possession of the United States; or
243	243		230 (d) a political subdivision of the United States.
244	244		231 (15) (a) "Government officer" means:
245	245		232 (i) an individual elected to a position in state or local government, when acting in the
246	246		233capacity of the state or local government position;
247	247		234 (ii) an individual elected to a board of education, when acting in the capacity of a
248	248		235member of a board of education;
249	249		236 (iii) an individual appointed to fill a vacancy in a position described in Subsection
250	250		237(15)(a)(i) or (ii), when acting in the capacity of the position; or
251	251		238 (iv) an individual appointed to or employed in a full-time position by state government,
252	252		239local government, or a board of education, when acting in the capacity of the individual's
253	253		240appointment or employment.
254	254		241 (b) "Government officer" does not mean a member of the legislative branch of state
255	255		242government.
256	256		243 (16) "Immediate family" means:
257	257		244 (a) a spouse; 02-07-23 12:48 PM H.B. 413
258	258		- 9 -
259	259		245 (b) a child residing in the household; or
260	260		246 (c) an individual claimed as a dependent for tax purposes.
261	261		247 (17) "Legislative action" means:
262	262		248 (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
263	263		249proposed in either house of the Legislature or its committees or requested by a legislator; [and]
264	264		250 (b) the action of the governor in approving or vetoing legislation[.]; or
265	265		251 (c) a decision relating to a tax, a government budget, or the expenditure of public
266	266		252money.
267	267		253 (18) "Lobbying" means communicating with a public official for the purpose of
268	268		254influencing a legislative action, executive action, local action, or education action.
269	269		255 (19) (a) "Lobbyist" means:
270	270		256 (i) an individual who is employed by a principal; or
271	271		257 (ii) an individual who contracts for economic consideration, other than reimbursement
272	272		258for reasonable travel expenses, with a principal to lobby a public official.
273	273		259 (b) "Lobbyist" does not include:
274	274		260 (i) a government officer;
275	275		261 (ii) a member or employee of the legislative branch of state government;
276	276		262 (iii) a person, including a principal, while appearing at, or providing written comments
277	277		263to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
278	278		264Rulemaking Act, or Title 63G, Chapter 4, Administrative Procedures Act;
279	279		265 (iv) a person participating on or appearing before an advisory or study task force,
280	280		266commission, board, or committee, constituted by the Legislature, a local government, a board
281	281		267of education, or any agency or department of state government, except legislative standing,
282	282		268appropriation, or interim committees;
283	283		269 (v) a representative of a political party;
284	284		270 (vi) an individual representing a bona fide church solely for the purpose of protecting
285	285		271the right to practice the religious doctrines of the church, unless the individual or church makes
286	286		272an expenditure that confers a benefit on a public official;
287	287		273 (vii) a newspaper, television station or network, radio station or network, periodical of
288	288		274general circulation, or book publisher for the purpose of publishing news items, editorials,
289	289		275other comments, or paid advertisements that directly or indirectly urge legislative action, H.B. 413 02-07-23 12:48 PM
290	290		- 10 -
291	291		276executive action, local action, or education action;
292	292		277 (viii) an individual who appears on the individual's own behalf before a committee of
293	293		278the Legislature, an agency of the executive branch of state government, a board of education,
294	294		279the governing body of a local government, a committee of a local government, or a committee
295	295		280of a board of education, solely for the purpose of testifying in support of or in opposition to
296	296		281legislative action, executive action, local action, or education action; or
297	297		282 (ix) an individual representing a business, entity, or industry, who:
298	298		283 (A) interacts with a public official, in the public official's capacity as a public official,
299	299		284while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
300	300		285interaction or while presenting at a legislative committee meeting at the same time that the
301	301		286registered lobbyist is attending another legislative committee meeting; and
302	302		287 (B) does not make an expenditure for, or on behalf of, a public official in relation to the
303	303		288interaction or during the period of interaction.
304	304		289 (20) "Lobbyist group" means two or more lobbyists, principals, government officers, or
305	305		290any combination of lobbyists, principals, and government officers, who each contribute a
306	306		291portion of an expenditure made to benefit a public official or member of the public official's
307	307		292immediate family.
308	308		293 (21) "Local action" means:
309	309		294 (a) an ordinance or resolution for consideration by a local government;
310	310		295 (b) a nomination or appointment by a local official or a local government;
311	311		296 (c) a vote on an administrative action taken by a vote of a local government's
312	312		297legislative body;
313	313		298 (d) an adjudicative proceeding over which a local official has direct or indirect control;
314	314		299 (e) a purchasing or contracting decision;
315	315		300 (f) drafting or making a policy, resolution, or rule;
316	316		301 (g) determining a rate or fee; [or]
317	317		302 (h) making an adjudicative decision[.]; or
318	318		303 (i) a decision relating to a local government tax, a local government budget, or the
319	319		304expenditure of public money.
320	320		305 (22) "Local government" means:
321	321		306 (a) a county, city, town, or metro township; 02-07-23 12:48 PM H.B. 413
322	322		- 11 -
323	323		307 (b) a local district governed by Title 17B, Limited Purpose Local Government Entities
324	324		308- Local Districts;
325	325		309 (c) a special service district governed by Title 17D, Chapter 1, Special Service District
326	326		310Act;
327	327		311 (d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
328	328		312Government Entities - Community Reinvestment Agency Act;
329	329		313 (e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
330	330		314 (f) a redevelopment agency; or
331	331		315 (g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
332	332		31613, Interlocal Cooperation Act.
333	333		317 (23) "Local official" means:
334	334		318 (a) an elected member of a local government;
335	335		319 (b) an individual appointed to or employed in a position in a local government if that
336	336		320individual:
337	337		321 (i) occupies a policymaking position or makes purchasing or contracting decisions;
338	338		322 (ii) drafts ordinances or resolutions or drafts or makes rules;
339	339		323 (iii) determines rates or fees; [or]
340	340		324 (iv) makes adjudicative decisions; or
341	341		325 (v) makes decisions relating to a local government tax, a local government budget, or
342	342		326the expenditure of public money; or
343	343		327 (c) an immediate family member of an individual described in Subsection (23)(a) or
344	344		328(b).
345	345		329 (24) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
346	346		330make a decision, including a conference, seminar, or summit.
347	347		331 (25) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
348	348		332who represents two or more clients and divides the aggregate daily expenditure made to benefit
349	349		333a public official or member of the public official's immediate family between two or more of
350	350		334those clients.
351	351		335 (26) "Owned or controlled by a foreign government" means that a foreign government
352	352		336has greater than a 50% ownership interest in the corporation.
353	353		337 [(26)] (27) "Principal" means a person that employs an individual to perform lobbying, H.B. 413 02-07-23 12:48 PM
354	354		- 12 -
355	355		338either as an employee or as an independent contractor.
356	356		339 [(27)] (28) "Public official" means:
357	357		340 (a) (i) a member of the Legislature;
358	358		341 (ii) an individual elected to a position in the executive branch of state government; or
359	359		342 (iii) an individual appointed to or employed in a position in the executive or legislative
360	360		343branch of state government if that individual:
361	361		344 (A) occupies a policymaking position or makes purchasing or contracting decisions;
362	362		345 (B) drafts legislation or makes rules;
363	363		346 (C) determines rates or fees; [or]
364	364		347 (D) makes adjudicative decisions; or
365	365		348 (E) makes decisions relating to a tax, a government budget, or the expenditure of
366	366		349public money; or
367	367		350 (b) an immediate family member of a person described in Subsection [(27)(a)] (28)(a);
368	368		351 (c) a local official; or
369	369		352 (d) an education official.
370	370		353 [(28)] (29) "Public official type" means a notation to identify whether a public official
371	371		354is:
372	372		355 (a) (i) a member of the Legislature;
373	373		356 (ii) an individual elected to a position in the executive branch of state government;
374	374		357 (iii) an individual appointed to or employed in a position in the legislative branch of
375	375		358state government who meets the definition of public official under Subsection [(27)]
376	376		359(28)(a)(iii);
377	377		360 (iv) an individual appointed to or employed in a position in the executive branch of
378	378		361state government who meets the definition of public official under Subsection [(27)]
379	379		362(28)(a)(iii);
380	380		363 (v) a local official, including a description of the type of local government for which
381	381		364the individual is a local official; or
382	382		365 (vi) an education official, including a description of the type of board of education for
383	383		366which the individual is an education official; or
384	384		367 (b) an immediate family member of an individual described in Subsection [(27)(a), (c),
385	385		368or (d)] (28)(a), (c), or (d). 02-07-23 12:48 PM H.B. 413
386	386		- 13 -
387	387		369 (30) "Public money" means the same as that term is defined in Section 76-1-101.5.
388	388		370 [(29)] (31) "Quarterly reporting period" means the three-month period covered by each
389	389		371financial report required under Subsection 36-11-201(2)(a).
390	390		372 [(30)] (32) "Related person" means a person, agent, or employee who knowingly and
391	391		373intentionally assists a lobbyist, principal, or government officer in lobbying.
392	392		374 [(31)] (33) "Relative" means:
393	393		375 (a) a spouse;
394	394		376 (b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
395	395		377brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
396	396		378 (c) a spouse of an individual described in Subsection [(31)(b)] (33)(b).
397	397		379 [(32)] (34) "Tour" means visiting a location, for a purpose relating to the duties of a
398	398		380public official, and not primarily for entertainment, including:
399	399		381 (a) viewing a facility;
400	400		382 (b) viewing the sight of a natural disaster; or
401	401		383 (c) assessing a circumstance in relation to which a public official may need to take
402	402		384action within the scope of the public official's duties.
403	403		385 Section 2. Section 36-11-103 is amended to read:
404	404		386 36-11-103. Licensing requirements.
405	405		387 (1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
406	406		388lieutenant governor by completing the form required by this section.
407	407		389 (b) The lieutenant governor shall issue licenses to qualified lobbyists.
408	408		390 (c) The lieutenant governor shall prepare a lobbyist license application form that
409	409		391includes:
410	410		392 (i) a place for the lobbyist's name and business address;
411	411		393 (ii) a place for the following information for each principal for whom the lobbyist
412	412		394works or is hired as an independent contractor:
413	413		395 (A) the principal's name;
414	414		396 (B) the principal's business address;
415	415		397 (C) the name of each public official that the principal employs and the nature of the
416	416		398employment with the public official; and
417	417		399 (D) the general purposes, interests, and nature of the principal; H.B. 413 02-07-23 12:48 PM
418	418		- 14 -
419	419		400 (iii) a place for the name and address of the person who paid or will pay the lobbyist's
420	420		401licensing fee, if the fee is not paid by the lobbyist;
421	421		402 (iv) a place for the lobbyist to disclose:
422	422		403 (A) any elected or appointed position that the lobbyist holds in state or local
423	423		404government, if any; and
424	424		405 (B) the name of each public official that the lobbyist employs and the nature of the
425	425		406employment with the public official, if any;
426	426		407 (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
427	427		408will be reimbursed;
428	428		409 (vi) a statement that an individual is required to register as a foreign agent under
429	429		410Section 36-11-103.5 before engaging in lobbying on behalf of:
430	430		411 (A) a foreign government;
431	431		412 (B) an official of a foreign government;
432	432		413 (C) a foreign corporation that the individual knows or has reason to know is owned or
433	433		414controlled by a foreign government; or
434	434		415 (D) an official of a foreign corporation that the individual knows or has reason to know
435	435		416is owned or controlled by a foreign government;
436	436		417 (vii) a place for the lobbyist to indicate whether the lobbyist would like to register as a
437	437		418foreign agent; and
438	438		419 (viii) a certification to be signed by the lobbyist that certifies that the information
439	439		420provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
440	440		421belief.
441	441		422 (2) Each lobbyist who obtains a license under this section shall update the licensure
442	442		423information when the lobbyist accepts employment for lobbying by a new client.
443	443		424 (3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
444	444		425lobbying license to an applicant who:
445	445		426 (i) files an application with the lieutenant governor that contains the information
446	446		427required by this section and, if applicable, Section 36-11-103.5;
447	447		428 (ii) completes the training required by Section 36-11-307; and
448	448		429 (iii) pays a $60 licensing fee.
449	449		430 (b) A license entitles a person to serve as a lobbyist on behalf of one or more principals 02-07-23 12:48 PM H.B. 413
450	450		- 15 -
451	451		431and expires on December 31 each year.
452	452		432 (4) (a) The lieutenant governor may disapprove an application for a lobbying license:
453	453		433 (i) if the applicant has been convicted of violating Section 76-8-103, 76-8-107,
454	454		43476-8-108, or 76-8-303 within five years before the date of the lobbying license application;
455	455		435 (ii) if, within one year before the date of the lobbying license application, the applicant
456	456		436is convicted of a violation of:
457	457		437 (A) Section 76-8-104; or
458	458		438 (B) Section 76-9-102, if the violation is a misdemeanor that occurs at an official
459	459		439meeting;
460	460		440 (iii) during the term of any suspension imposed under Section 36-11-401;
461	461		441 (iv) if the applicant has not complied with Subsection 36-11-307(6);
462	462		442 (v) during the term of a suspension imposed under Subsection 36-11-501(3);
463	463		443 (vi) if the lobbyist fails to pay a fine imposed under Subsection 36-11-501(3);
464	464		444 (vii) if, within one year before the date of the lobbying license application, the
465	465		445applicant has been found to have willingly and knowingly:
466	466		446 (A) violated this section or Section 36-11-201, 36-11-301, 36-11-302, 36-11-303,
467	467		44736-11-304, 36-11-305, or 36-11-403; or
468	468		448 (B) filed a document required by this chapter that the lobbyist knew contained
469	469		449materially false information or omitted material information; or
470	470		450 (viii) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter
471	471		45124, Lobbying Restrictions Act.
472	472		452 (b) An applicant may appeal the disapproval in accordance with the procedures
473	473		453established by the lieutenant governor under this chapter and Title 63G, Chapter 4,
474	474		454Administrative Procedures Act.
475	475		455 (5) The lieutenant governor shall deposit each licensing fee into the General Fund as a
476	476		456dedicated credit to be used by the lieutenant governor to pay the cost of administering the
477	477		457license program described in this section.
478	478		458 (6) A principal need not obtain a license under this section, but if the principal makes
479	479		459expenditures to benefit a public official without using a lobbyist as an agent to confer those
480	480		460benefits, the principal shall disclose those expenditures as required by Section 36-11-201.
481	481		461 (7) Government officers need not obtain a license under this section, but shall disclose H.B. 413 02-07-23 12:48 PM
482	482		- 16 -
483	483		462any expenditures made to benefit public officials as required by Section 36-11-201.
484	484		463 (8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
485	485		464lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
486	486		465reports by Section 36-11-201.
487	487		466 Section 3. Section 36-11-103.5 is amended to read:
488	488		467 36-11-103.5. Registering as foreign agent.
489	489		468 (1) Before engaging in lobbying as a foreign agent, a foreign agent shall register with
490	490		469the lieutenant governor under this section.
491	491		470 (2) If a lobbyist indicates on the lobbyist license application form described in Section
492	492		47136-11-103, or otherwise indicates to the lieutenant governor that the lobbyist would like to
493	493		472register as a foreign agent, the lieutenant governor shall provide the lobbyist a foreign agent
494	494		473registration form that includes:
495	495		474 (a) a place for the lobbyist's name, address, business telephone number, and principal
496	496		475place of business;
497	497		476 (b) a place for the lobbyist to list each [foreign government] each of the following for
498	498		477which the lobbyist is registering as a foreign agent[;]:
499	499		478 (i) a foreign government;
500	500		479 (ii) an official of a foreign government;
501	501		480 (iii) a foreign corporation that the lobbyist knows or has reason to know is owned or
502	502		481controlled by a foreign government; or
503	503		482 (iv) an official of a foreign corporation that the lobbyist knows or has reason to know is
504	504		483owned or controlled by a foreign government;
505	505		484 (c) a place for the lobbyist to describe the issues on which the lobbyist expects to
506	506		485engage in lobbying as a foreign agent; and
507	507		486 (d) a certification for the lobbyist to sign, certifying that the information the lobbyist
508	508		487provides in the form is true, accurate, and complete.
509	509		488 (3) (a) A lobbyist who registers as a foreign agent under this section shall update the
510	510		489information in the lobbyist's foreign agent registration form when the lobbyist agrees to lobby
511	511		490on behalf of [a foreign government] any of the following that [is] are not listed in the lobbyist's
512	512		491foreign agent registration form[.]:
513	513		492 (i) a foreign government; 02-07-23 12:48 PM H.B. 413
514	514		- 17 -
515	515		493 (ii) an official of a foreign government;
516	516		494 (iii) a foreign corporation that the lobbyist knows or has reason to know is owned or
517	517		495controlled by a foreign government; or
518	518		496 (iv) an official of a foreign corporation that the lobbyist knows or has reason to know is
519	519		497owned or controlled by a foreign government.
520	520		498 (b) A lobbyist may not lobby on behalf of a [foreign government] person described in
521	521		499Subsections (3)(a)(i), (ii), (iii), or (iv) that is not listed in the lobbyist's foreign agent
522	522		500registration form.
523	523		501 Section 4. Section 36-11-301 is amended to read:
524	524		502 36-11-301. Contingent compensation prohibited.
525	525		503 (1) A person may not employ or solicit another person to serve as a lobbyist for
526	526		504compensation contingent in whole or part upon:
527	527		505 (a) the passage, defeat, or amendment of legislative action; [or]
528	528		506 (b) the approval, modification, or denial of [a certain ] an executive action[.];
529	529		507 (c) the passage, defeat, denial, modification, or a certain outcome of a local action; or
530	530		508 (d) the passage, defeat, denial, modification, or a certain outcome of an education
531	531		509action.
532	532		510 (2) A person may not accept employment as, or otherwise agree with another person to
533	533		511serve as, a lobbyist for compensation contingent in whole or in part upon:
534	534		512 (a) the passage, defeat, or amendment of legislative action;
535	535		513 (b) the approval, modification, or denial of executive action;
536	536		514 (c) the passage, defeat, denial, modification, or a certain outcome of a local action; or
537	537		515 (d) the passage, defeat, denial, modification, or a certain outcome of an education
538	538		516action.
539	539		517 Section 5. Section 36-11-401 is amended to read:
540	540		518 36-11-401. Penalties.
541	541		519 (1) Any person who intentionally violates Section 36-11-103, 36-11-103.5, 36-11-201,
542	542		52036-11-301, 36-11-302, 36-11-303, 36-11-304, 36-11-305, or 36-11-403, is subject to the
543	543		521following penalties:
544	544		522 (a) an administrative penalty of up to $1,000 for each violation; and
545	545		523 (b) for each subsequent violation of that same section within 24 months, either: H.B. 413 02-07-23 12:48 PM
546		-	- 18 -~~House Committee Amendments 2-23-2023 pf/eae~~
	546	+	- 18 -
547	547		524 (i) an administrative penalty of up to $5,000; or
548	548		525 (ii) suspension of the violator's lobbying license for up to one year, if the person is a
549	549		526lobbyist.
550	550		527 (2) Any person who intentionally fails to file a financial report required by this chapter,
551	551		528omits material information from a license application form or financial report, or files false
552	552		529information on a license application form or financial report, is subject to the following
553	553		530penalties:
554	554		531 (a) an administrative penalty of up to $1,000 for each violation; or
555	555		532 (b) suspension of the violator's lobbying license for up to one year, if the person is a
556	556		533lobbyist.
557	557		534 (3) Any person who intentionally fails to file a financial report required by this chapter
558	558		535on the date that it is due shall, in addition to the penalties, if any, imposed under Subsection (1)
559	559		536or (2), pay a penalty of up to $50 per day for each day that the report is late.
560	560		537 (4) (a) When a lobbyist is convicted of violating Section 76-8-103, 76-8-107, 76-8-108,
561	561		538or 76-8-303, the lieutenant governor shall suspend the lobbyist's license for up to five years
562	562		539from the date of the conviction.
563	563		540 (b) When a lobbyist is convicted of violating Section 76-8-104, or Section 76-9-102 if
564	564		541the violation is a misdemeanor that occurs at an official meeting, the lieutenant governor shall
565	565		542suspend a lobbyist's license for up to one year from the date of conviction.
566	566		543 (5) (a) [A] Except as provided in Subsection (5)(b), a person who intentionally violates
567	567		544Section 36-11-301, 36-11-302, or 36-11-303 is guilty of a class B misdemeanor.
568		-	545 (b) A person who intentionally violates Section 36-11-301 is guilty of a º [third degree
569		-	546felony] class A misdemeanor » if the person knows, or reasonably should have known, that all
570		-	546aor part of the
	568	+	545 (b) A person who intentionally violates Section 36-11-301 is guilty of a third degree
	569	+	546felony if the person knows, or reasonably should have known, that all or part of the
571	570		547compensation is public money.
572	571		548 [(b)] (c) The lieutenant governor shall suspend the lobbyist license of any person
573	572		549convicted under any of these sections for up to one year.
574	573		550 [(c)] (d) The suspension shall be in addition to any administrative penalties imposed by
575	574		551the lieutenant governor under this section.
576	575		552 [(d)] (e) Any person with evidence of a possible violation of this chapter may submit
577	576		553that evidence to the lieutenant governor for investigation and resolution.
578	577		554 (6) Nothing in this chapter creates a third-party cause of action or appeal rights.