Utah 2025 Regular Session

Utah Senate Bill SB0291 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~03-05 19~~:19 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291
2		-	~~Jordan D. Teuscher~~ proposes the following substitute bill:
	1	+	02-24 07:31 1st Sub. (Green) S.B. 291
	2	+	Brady Brammer proposes the following substitute bill:
3	3		1
4	4		Lobbying Amendments
5	5		2025 GENERAL SESSION
6	6		STATE OF UTAH
7	7		Chief Sponsor: Brady Brammer
8		-	House Sponsor: ~~Jordan D. Teuscher~~
	8	+	House Sponsor:
9	9		2
10	10
11	11		3
12	12		LONG TITLE
13	13		4
14	14		General Description:
15	15		5
16	16		This bill amends and enacts provisions relating to lobbying.
17	17		6
18	18		Highlighted Provisions:
19	19		7
20	20		This bill:
21	21		8
22	22		▸ defines terms;
23	23		9
24	24		▸ modifies and clarifies the definitions of lobbyist, lobbying, and a principal;
25	25		10
26	26		▸ modifies the limits for certain expenditures;
27	27		11
28	28		▸ prohibits consideration, a reward, or an incentive for lobbying that is contingent on
29	29		12
30	30		certain government action and provides criminal and civil penalties for violation of the
31	31		13
32	32		prohibition;
33	33		14
34	34		▸ replaces the offense of employing or soliciting a person to lobby for contingent
35	35		15
36	36		compensation with the offense described in the preceding paragraph;
37	37		16
38	38		▸ creates an exception to the definition of "expenditure" in relation to certain sporting
39	39		17
40	40		events, performances, or exhibitions of a state institution of higher education or a
41	41		18
42	42		private, nonprofit institution of higher education;
43	43		19
44	44		▸ amends provisions relating to lobbying by a former state official; and
45	45		20
46	46		▸ makes technical and conforming changes.
47	47		21
48	48		Money Appropriated in this Bill:
49	49		22
50	50		None
51	51		23
52	52		Other Special Clauses:
53	53		24
54	54		None
55	55		25
56	56		Utah Code Sections Affected:
57	57		26
58	58		AMENDS:
59	59		27
60	60		36-11-102, as last amended by Laws of Utah 2024, Chapters 425, 438
61	61		28
62	62		36-11-201, as last amended by Laws of Utah 2023, Chapter 16
63		-	~~2nd~~ Sub. S.B. 291 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291 ~~03-05 19~~:19
	63	+	1st Sub. S.B. 291 1st Sub. (Green) S.B. 291 02-24 07:31
64	64		29
65	65		36-11-304, as last amended by Laws of Utah 2023, Chapter 16
66	66		30
67	67		53-1-102, as last amended by Laws of Utah 2024, Chapter 425
68	68		31
69	69		53-1-106, as last amended by Laws of Utah 2024, Chapter 506
70	70		32
71	71		63G-23-102, as last amended by Laws of Utah 2024, Chapter 158
72	72		33
73	73		67-24-103, as enacted by Laws of Utah 2009, Chapter 360
74	74		34
75	75		REPEALS AND REENACTS:
76	76		35
77	77		36-11-301, as enacted by Laws of Utah 1991, Chapter 280
78	78		36
79	79
80	80		37
81	81		Be it enacted by the Legislature of the state of Utah:
82	82		38
83	83		Section 1. Section 36-11-102 is amended to read:
84	84		39
85	85		36-11-102 . Definitions.
86	86		40
87	87		As used in this chapter:
88	88		41
89	89		(1) "Aggregate daily expenditures" means:
90	90		42
91	91		(a) for a single lobbyist, principal, or government officer, the total of all expenditures
92	92		43
93	93		made within a calendar day by the lobbyist, principal, or government officer for the
94	94		44
95	95		benefit of an individual public official;
96	96		45
97	97		(b) for an expenditure made by a member of a lobbyist group, the total of all
98	98		46
99	99		expenditures made within a calendar day by every member of the lobbyist group for
100	100		47
101	101		the benefit of an individual public official; or
102	102		48
103	103		(c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
104	104		49
105	105		lobbyist within a calendar day for the benefit of an individual public official,
106	106		50
107	107		regardless of whether the expenditures were attributed to different clients.
108	108		51
109	109		(2) "Approved activity" means an event, a tour, or a meeting:
110	110		52
111	111		(a)(i) to which a legislator or another nonexecutive branch public official is invited;
112	112		53
113	113		and
114	114		54
115	115		(ii) attendance at which is approved by:
116	116		55
117	117		(A) the speaker of the House of Representatives, if the public official is a member
118	118		56
119	119		of the House of Representatives or another nonexecutive branch public official;
120	120		57
121	121		or
122	122		58
123	123		(B) the president of the Senate, if the public official is a member of the Senate or
124	124		59
125	125		another nonexecutive branch public official; or
126	126		60
127	127		(b)(i) to which a public official who holds a position in the executive branch of state
128	128		61
129	129		government is invited; and
130	130		62
131	131		(ii) attendance at which is approved by the governor or the lieutenant governor.
132		-	- 2 - ~~03-05 19~~:19 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291
	132	+	- 2 - 02-24 07:31 1st Sub. (Green) S.B. 291
133	133		63
134	134		(3) "Board of education" means:
135	135		64
136	136		(a) a local school board described in Title 53G, Chapter 4, School Districts;
137	137		65
138	138		(b) the State Board of Education;
139	139		66
140	140		(c) the State Charter School Board created under Section 53G-5-201; or
141	141		67
142	142		(d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools.
143	143		68
144	144		(4) "Capitol hill complex" means capitol hill, as defined in Section 63O-1-101.
145	145		69
146	146		(5)(a) "Compensation" means anything of economic value, however designated, that is
147	147		70
148	148		paid, loaned, granted, given, donated, or transferred to an individual for the provision
149	149		71
150	150		of services or ownership before any withholding required by federal or state law.
151	151		72
152	152		(b) "Compensation" includes:
153	153		73
154	154		(i) a salary or commission;
155	155		74
156	156		(ii) a bonus;
157	157		75
158	158		(iii) a benefit;
159	159		76
160	160		(iv) a contribution to a retirement program or account;
161	161		77
162	162		(v) a payment includable in gross income, as defined in Section 62, Internal Revenue
163	163		78
164	164		Code, and subject to social security deductions, including a payment in excess of
165	165		79
166	166		the maximum amount subject to deduction under social security law;
167	167		80
168	168		(vi) an amount that the individual authorizes to be deducted or reduced for salary
169	169		81
170	170		deferral or other benefits authorized by federal law; or
171	171		82
172	172		(vii) income based on an individual's ownership interest.
173	173		83
174	174		(6) "Compensation payor" means a person who pays compensation to a public official in
175	175		84
176	176		the ordinary course of business:
177	177		85
178	178		(a) because of the public official's ownership interest in the compensation payor; or
179	179		86
180	180		(b) for services rendered by the public official on behalf of the compensation payor.
181	181		87
182	182		(7) "Education action" means:
183	183		88
184	184		(a) the passage or defeat of a resolution, policy, amendment, or other official action for
185	185		89
186	186		consideration by a board of education;
187	187		90
188	188		(b) a nomination or appointment by an education official or a board of education;
189	189		91
190	190		(c) the passage or defeat of a vote on an administrative action taken by a vote of a board
191	191		92
192	192		of education; or
193	193		93
194	194		[(d) an adjudicative proceeding over which an education official has direct or indirect
195	195		94
196	196		control;]
197	197		95
198	198		[(e) a purchasing or contracting decision;]
199	199		96
200	200		[(f) drafting or making a policy, resolution, or rule;]
201		-	- 3 - ~~2nd~~ Sub. (~~Salmon~~) S.B. 291 ~~03-05 19~~:19
	201	+	- 3 - 1st Sub. (Green) S.B. 291 02-24 07:31
202	202		97
203	203		[(g)] (d) determining a rate or fee[; or] .
204	204		98
205	205		[(h) making an adjudicative decision.]
206	206		99
207	207		(8) "Education official" means:
208	208		100
209	209		(a) a member of a board of education; or
210	210		101
211	211		(b) an individual appointed to or employed in a position under a board of education, if
212	212		102
213	213		that individual:
214	214		103
215	215		(i) occupies a policymaking position[ or makes purchasing or contracting decisions];
216	216		104
217	217		[(ii) drafts resolutions or policies or drafts or makes rules;]
218	218		105
219	219		[(iii)] (ii) determines rates or fees; or
220	220		106
221	221		[(iv)] (iii) makes decisions relating to an education budget or the expenditure of
222	222		107
223	223		public money[; or] .
224	224		108
225	225		[(v) makes adjudicative decisions; or]
226	226		109
227	227		[(c) an immediate family member of an individual described in Subsection (8)(a) or (b).]
228	228		110
229	229		(9) "Event" means entertainment, a performance, a contest, or a recreational activity that an
230	230		111
231	231		individual participates in or is a spectator at, including a sporting event, an artistic event,
232	232		112
233	233		a play, a movie, dancing, or singing.
234	234		113
235	235		(10) "Executive action" means:
236	236		114
237	237		(a) a nomination or appointment by the governor;
238	238		115
239	239		(b) the action of the governor in approving or vetoing legislation;
240	240		116
241	241		[(b)] (c) the [proposal, drafting, amendment, enactment,] passage or defeat by a state
242	242		117
243	243		agency of a rule, or an amendment to a rule, made in accordance with Title 63G,
244	244		118
245	245		Chapter 3, Utah Administrative Rulemaking Act; or
246	246		119
247	247		[(c)] (d) agency ratemaking proceedings[; or] .
248	248		120
249	249		[(d) an adjudicative proceeding of a state agency.]
250	250		121
251	251		(11) "Executive official" means:
252	252		122
253	253		(a) an individual elected to an executive office or appointed to fill a vacancy in an
254	254		123
255	255		executive office; or
256	256		124
257	257		(b) an individual appointed to or employed in a position in the executive branch of state
258	258		125
259	259		government, if that individual:
260	260		126
261	261		(i) occupies a policymaking position; or
262	262		127
263	263		(ii) determines rates or fees.
264	264		128
265	265		[(11)] (12)(a) "Expenditure" means any of the items listed in this Subsection [(11)(a)]
266	266		129
267	267		(12)(a) when given to or for the benefit of a public official unless consideration of
268	268		130
269	269		equal or greater value is received:
270		-	- 4 - ~~03-05 19~~:19 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291
	270	+	- 4 - 02-24 07:31 1st Sub. (Green) S.B. 291
271	271		131
272	272		(i) a purchase, payment, or distribution;
273	273		132
274	274		(ii) a loan, gift, or advance;
275	275		133
276	276		(iii) a deposit, subscription, or forbearance;
277	277		134
278	278		(iv) services or goods;
279	279		135
280	280		(v) money;
281	281		136
282	282		(vi) real property;
283	283		137
284	284		(vii) a ticket or admission to an event; or
285	285		138
286	286		(viii) a contract, promise, or agreement, whether or not legally enforceable, to
287	287		139
288	288		provide any item listed in Subsections [(11)(a)(i) through (vii)] (12)(a)(i) through
289	289		140
290	290		(vii).
291	291		141
292	292		(b) "Expenditure" does not [mean] include:
293	293		142
294	294		(i) a commercially reasonable loan made in the ordinary course of business;
295	295		143
296	296		(ii) a campaign contribution:
297	297		144
298	298		(A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
299	299		145
300	300		Reporting Requirements, Section 10-3-208, Section 17-16-6.5, or any
301	301		146
302	302		applicable ordinance adopted under Subsection 10-3-208(6) or 17-16-6.5(1); or
303	303		147
304	304		(B) lawfully given to a person that is not required to report the contribution under
305	305		148
306	306		a law or ordinance described in Subsection [(11)(b)(ii)(A)] (12)(b)(ii)(A);
307	307		149
308	308		(iii) printed informational material that is related to the performance of the recipient's
309	309		150
310	310		official duties;
311	311		151
312	312		(iv) a devise or inheritance;
313	313		152
314	314		(v) any item listed in Subsection [(11)(a)] (12)(a) if:
315	315		153
316	316		(A) given by a relative;
317	317		154
318	318		(B) given by a compensation payor for a purpose solely unrelated to the public
319	319		155
320	320		official's position as a public official;
321	321		156
322	322		(C) the item is food or beverage with a value that does not exceed the food
323	323		157
324	324		reimbursement rate, and the aggregate daily expenditures for food and
325	325		158
326	326		beverage do not exceed the food reimbursement rate; or
327	327		159
328	328		(D) the item is not food or beverage, has a value of less than [$10] $25, and the
329	329		160
330	330		aggregate daily expenditures do not exceed [$10] $25;
331	331		161
332	332		(vi) food or beverage that is provided at an event, a tour, or a meeting to which the
333	333		162
334	334		following are invited:
335	335		163
336	336		(A) all members of the Legislature;
337	337		164
338	338		(B) all members of a standing or interim committee;
339		-	- 5 - ~~2nd~~ Sub. (~~Salmon~~) S.B. 291 ~~03-05 19~~:19
	339	+	- 5 - 1st Sub. (Green) S.B. 291 02-24 07:31
340	340		165
341	341		(C) all members of an official legislative task force;
342	342		166
343	343		(D) all members of a party caucus; or
344	344		167
345	345		(E) all members of a group described in Subsections [(11)(b)(vi)(A) through (D)]
346	346		168
347	347		(12)(b)(vi)(A) through (D) who are attending a meeting of a national
348	348		169
349	349		organization whose primary purpose is addressing general legislative policy;
350	350		170
351	351		(vii) food or beverage that is provided at an event, a tour, or a meeting to a public
352	352		171
353	353		official who is:
354	354		172
355	355		(A) giving a speech at the event, tour, or meeting;
356	356		173
357	357		(B) participating in a panel discussion at the event, tour, or meeting; or
358	358		174
359	359		(C) presenting or receiving an award at the event, tour, or meeting;
360	360		175
361	361		(viii) a plaque, commendation, or award that:
362	362		176
363	363		(A) is presented in public; and
364	364		177
365	365		(B) has the name of the individual receiving the plaque, commendation, or award
366	366		178
367	367		inscribed, etched, printed, or otherwise permanently marked on the plaque,
368	368		179
369	369		commendation, or award;
370	370		180
371	371		(ix) a gift that:
372	372		181
373	373		(A) is an item that is not consumable and not perishable;
374	374		182
375	375		(B) a public official, other than a local official or an education official, accepts on
376	376		183
377	377		behalf of the state;
378	378		184
379	379		(C) the public official promptly remits to the state;
380	380		185
381	381		(D) a property administrator does not reject under Section 63G-23-103;
382	382		186
383	383		(E) does not constitute a direct benefit to the public official before or after the
384	384		187
385	385		public official remits the gift to the state; and
386	386		188
387	387		(F) after being remitted to the state, is not transferred, divided, distributed, or used
388	388		189
389	389		to distribute a gift or benefit to one or more public officials in a manner that
390	390		190
391	391		would otherwise qualify the gift as an expenditure if the gift were given
392	392		191
393	393		directly to a public official;
394	394		192
395	395		(x) any of the following with a cash value not exceeding [$30] $50:
396	396		193
397	397		(A) a publication; or
398	398		194
399	399		(B) a commemorative item;
400	400		195
401	401		(xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose
402	402		196
403	403		of which is:
404	404		197
405	405		(A) to solicit a contribution that is reportable under Title 20A, Chapter 11,
406	406		198
407	407		Campaign and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section
408		-	- 6 - ~~03-05 19~~:19 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291
	408	+	- 6 - 02-24 07:31 1st Sub. (Green) S.B. 291
409	409		199
410	410		10-3-208, Section 17-16-6.5, or an applicable ordinance adopted under
411	411		200
412	412		Subsection 10-3-208(6) or 17-16-6.5(1);
413	413		201
414	414		(B) to solicit a campaign contribution that a person is not required to report under
415	415		202
416	416		a law or ordinance described in Subsection [(11)(b)(xi)(A)] (12)(b)(xi)(A); or
417	417		203
418	418		(C) charitable solicitation, as defined in Section 13-22-2;
419	419		204
420	420		(xii) travel to, lodging at, food or beverage served at, and admission to an approved
421	421		205
422	422		activity;
423	423		206
424	424		(xiii) sponsorship of an approved activity;
425	425		207
426	426		(xiv) notwithstanding Subsection [(11)(a)(vii)] (12)(a)(vii), admission to, attendance
427	427		208
428	428		at, or travel to or from an event, a tour, or a meeting:
429	429		209
430	430		(A) that is sponsored by a governmental entity;
431	431		210
432	432		(B) that is widely attended and related to a governmental duty of a public official;
433	433		211
434	434		(C) for a local official, that is sponsored by an organization that represents only
435	435		212
436	436		local governments, including the Utah Association of Counties, the Utah
437	437		213
438	438		League of Cities and Towns, or the Utah Association of Special Districts; or
439	439		214
440	440		(D) for an education official, that is sponsored by a public school, a charter
441	441		215
442	442		school, or an organization that represents only public schools or charter
443	443		216
444	444		schools, including the Utah Association of Public Charter Schools, the Utah
445	445		217
446	446		School Boards Association, or the Utah School Superintendents Association;[
447	447		218
448	448		or]
449	449		219
450	450		(xv) travel to a widely attended tour or meeting related to a governmental duty of a
451	451		220
452	452		public official if that travel results in a financial savings to:
453	453		221
454	454		(A) for a public official who is not a local official or an education official, the
455	455		222
456	456		state; or
457	457		223
458	458		(B) for a public official who is a local official or an education official, the local
459	459		224
460	460		government or board of education to which the public official belongs[.] ;
461	461		225
462	462		(xvi) notwithstanding Subsection (12)(a)(vii), admission to, attendance at, or travel to
463	463		226
464		-	or from a ~~recreational or~~ sporting event provided by an institution of higher
	464	+	or from a sporting event provided by an institution of higher education described
465	465		227
466		-	~~education described~~ in Subsection 53B-2-101(1), or by a private, nonprofit
	466	+	in Subsection 53B-2-101(1), or by a private, nonprofit institution of higher
467	467		228
468		-	~~institution of higher~~ education in the state, if:
	468	+	education in the state, if:
469	469		229
470		-	(A) the institution of higher education is competing in the ~~recreational or sporting~~
	470	+	(A) the institution of higher education is competing in the sporting event; and
471	471		230
472		-	~~event, or~~ the ~~recreational or sporting~~ event ~~occurs at~~ a ~~location owned or leased~~
	472	+	(B) the purpose of the public official attending the event is to build a relationship
473	473		231
474		-	by the institution of higher education; ~~and~~
	474	+	between the institution of higher education and the public official; or
475	475		232
	476	+	(xvii) notwithstanding Subsection (12)(a)(vii), admission to, attendance at, or travel
	477	+	- 7 - 1st Sub. (Green) S.B. 291 02-24 07:31
	478	+	233
	479	+	to or from a theatrical, musical, dancing, or other artistic performance, an art
	480	+	234
	481	+	exhibition, or another artistic event provided by an institution of higher education
	482	+	235
	483	+	described in Subsection 53B-2-101(1), or by a private, nonprofit institution of
	484	+	236
	485	+	higher education in the state, if:
	486	+	237
	487	+	(A) the institution is participating in the event; and
	488	+	238
476	489		(B) the purpose of the public official attending the event is to build a relationship
477		-	- 7 - 2nd Sub. (Salmon) S.B. 291 03-05 19:19
478		-	233
479		-	between the institution of higher education and the public official; or
480		-	234
481		-	(xvii) notwithstanding Subsection (12)(a)(vii), admission to, attendance at, or travel
482		-	235
483		-	to or from a theatrical, musical, dancing, or other artistic performance, an art
484		-	236
485		-	exhibition, or another artistic event provided by an institution of higher education
486		-	237
487		-	described in Subsection 53B-2-101(1), or by a private, nonprofit institution of
488		-	238
489		-	higher education in the state, if:
490	490		239
491		-	~~(A)~~ the institution of higher education ~~is participating in~~ the ~~event, or the event~~
	491	+	between the institution of higher education and the public official.
492	492		240
493		-	~~occurs at a location owned or leased~~ by the ~~institution~~ of ~~higher education; and~~
	493	+	[(12)] (13) "Food reimbursement rate" means the total amount set by the director of the
494	494		241
495		-	~~(B) the purpose~~ of ~~the public official attending the event is to build a relationship~~
	495	+	Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement,
496	496		242
497		-	~~between~~ the ~~institution of higher education and the public official~~.
	497	+	for an employee of the executive branch, for an entire day.
498	498		243
499		-	[(12)] (13) "~~Food reimbursement rate~~" means ~~the total amount set by the director of the~~
	499	+	[(13)] (14)(a) "Foreign agent" means an individual who engages in lobbying under
500	500		244
501		-	~~Division of Finance,~~ ~~by rule, under Section 63A-3-107, for in-state meal reimbursement,~~
	501	+	contract with a foreign government.
502	502		245
503		-	~~for~~ an ~~employee of~~ the ~~executive branch, for an entire day.~~
	503	+	(b) "Foreign agent" does not include an individual who is recognized by the United
504	504		246
505		-	~~[(13)] (14)(~~a~~) "Foreign~~ ~~agent" means an individual who engages in lobbying under~~
	505	+	States Department of State as a duly accredited diplomatic or consular officer of a
506	506		247
507		-	~~contract with~~ a ~~foreign government~~.
	507	+	foreign government, including a duly accredited honorary consul.
508	508		248
509		-	(b) "Foreign ~~agent~~" ~~does not include an individual who is recognized by~~ the ~~United~~
	509	+	[(14)] (15) "Foreign government" means a government other than the government of:
510	510		249
511		-	States ~~Department of State as a duly accredited diplomatic or consular officer of a~~
	511	+	(a) the United States;
512	512		250
513		-	~~foreign government, including~~ a ~~duly accredited honorary consul.~~
	513	+	(b) a state within the United States;
514	514		251
515		-	[(14)~~] (15) "Foreign government" means~~ a ~~government other than~~ the ~~government of:~~
	515	+	(c) a territory or possession of the United States; or
516	516		252
517		-	(a) the United States;
	517	+	(d) a political subdivision of the United States.
518	518		253
519		-	(b) ~~a state within the United States;~~
	519	+	(16) "Government action" means:
520	520		254
521		-	(c) ~~a territory or possession of the United States~~; or
	521	+	(a) an education action;
522	522		255
523		-	(d) ~~a political subdivision of the United States.~~
	523	+	(b) an executive action;
524	524		256
525		-	(16) ~~"Government~~ action~~" means:~~
	525	+	(c) a legislative action; or
526	526		257
527		-	(a) ~~an education~~ action;
	527	+	(d) a local action.
528	528		258
529		-	(b) ~~an executive action;~~
	529	+	[(15)] (17)(a) "Government officer" means:
530	530		259
531		-	(c) a ~~legislative action;~~ or
	531	+	(i) an individual elected to a position in state or local government, when acting in the
532	532		260
533		-	~~(d) a~~ local ~~action.~~
	533	+	capacity of the state or local government position;
534	534		261
535		-	[(~~15)] (17)(a~~) ~~"Government officer"~~ ~~means:~~
	535	+	(ii) an individual elected to a board of education, when acting in the capacity of a
536	536		262
537		-	~~(i) an individual elected to~~ a ~~position in state or local government, when acting in the~~
	537	+	member of a board of education;
538	538		263
539		-	~~capacity of the state or local government~~ position;
	539	+	(iii) an individual appointed to fill a vacancy in a position described in Subsection [
540	540		264
541		-	(ii) ~~an individual elected to a board of education~~, when acting in the capacity of a
	541	+	(15)(a)(i) or (ii)] (17)(a)(i) or (ii), when acting in the capacity of the position; or
542	542		265
543		-	~~member of~~ a ~~board of education;~~
	543	+	(iv) an individual appointed to or employed in a full-time position by state
544	544		266
545		-	~~(iii) an individual appointed to fill~~ a ~~vacancy~~ in ~~a position described in Subsection [~~
546		-	- 8 - ~~03-05 19~~:19 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291
	545	+	government, local government, or a board of education, when acting in the
	546	+	- 8 - 02-24 07:31 1st Sub. (Green) S.B. 291
547	547		267
548		-	~~(15)(a)(i) or (ii)] (17)(a)(i) or (ii), when acting in the~~ capacity of the ~~position;~~ or
	548	+	capacity of the individual's appointment or employment.
549	549		268
550		-	(iv) ~~an individual appointed to or employed in~~ a ~~full-time position by~~ state
	550	+	(b) "Government officer" does not mean a member of the legislative branch of state
551	551		269
552		-	government~~, local government, or a board of education, when acting in the~~
	552	+	government.
553	553		270
554		-	~~capacity of the individual's appointment or employment.~~
	554	+	[(16)] (18) "Immediate family" means:
555	555		271
556		-	(b) ~~"Government officer" does not mean~~ a ~~member of the legislative branch of state~~
	556	+	(a) a spouse;
557	557		272
558		-	~~government.~~
	558	+	(b) a child residing in the household; or
559	559		273
560		-	[(~~16)] (18~~) ~~"Immediate family"~~ ~~means:~~
	560	+	(c) an individual claimed as a dependent for tax purposes.
561	561		274
562		-	(a) ~~a spouse;~~
	562	+	[(17)] (19) "Legislative action" means[:]
563	563		275
564		-	(b) a ~~child residing in the household;~~ or
	564	+	[(a)] the passage or defeat of a bill, resolution, amendment, nomination, veto override,
565	565		276
566		-	~~(c) an individual claimed as a dependent for tax purposes.~~
	566	+	appropriation, or other matter pending or proposed in either house of the Legislature
567	567		277
568		-	[~~(17)~~] ~~(19) "Legislative~~ ~~action" means~~[:]
	568	+	or [its] the Legislature's committees, or requested by a legislator[; and] .
569	569		278
570		-	[(a)] the ~~passage~~ or ~~defeat of a bill, resolution, amendment, nomination, veto override,~~
	570	+	[(b) the action of the governor in approving or vetoing legislation.]
571	571		279
572		-	~~appropriation~~, or ~~other matter pending or proposed in either house~~ of the ~~Legislature~~
	572	+	(20) "Legislative official" means a member, or a member-elect, of the Senate or the House
573	573		280
574		-	~~or [its] the Legislature's committees, or requested by a legislator[; and]~~ .
	574	+	of Representatives.
575	575		281
576		-	[(b) the ~~action~~ of ~~the governor in approving or vetoing legislation.]~~
	576	+	[(18)] (21) "Lobbying" means communicating with a public official for the purpose of
577	577		282
578		-	~~(20) "~~Legislative ~~official" means a member~~, or ~~a member-elect, of the Senate or the House~~
	578	+	influencing [a legislative action, executive action, local action, or education] government
579	579		283
580		-	~~of Representatives~~.
	580	+	action.
581	581		284
582		-	[(18)] (21) "~~Lobbying~~" means ~~communicating with a public official for the purpose of~~
	582	+	[(19)] (22)(a) "Lobbyist" means[:] an individual who accepts or agrees to accept
583	583		285
584		-	~~influencing [~~a ~~legislative action~~, ~~executive action~~, ~~local action~~, or ~~education] government~~
	584	+	employment, payment, a reward, an incentive, something of value, or other
585	585		286
586		-	~~action~~.
	586	+	consideration in exchange for lobbying.
587	587		287
588		-	[(19)~~] (22)(a) "Lobbyist" means[:]~~ an individual who ~~accepts~~ or ~~agrees to accept~~
	588	+	[(i) an individual who is employed by a principal; or]
589	589		288
590		-	~~employment, payment, a reward,~~ an ~~incentive~~, ~~something of value, or other~~
	590	+	[(ii) an individual who contracts for economic consideration, other than
591	591		289
592		-	~~consideration in exchange~~ for ~~lobbying.~~
	592	+	reimbursement for reasonable travel expenses, with a principal to lobby a public
593	593		290
594		-	~~[(i) an individual who is employed by a principal; or~~]
	594	+	official.]
595	595		291
596		-	[(ii) an individual who ~~contracts for economic consideration~~, ~~other than~~
	596	+	(b) "Lobbyist" includes an individual who engages in lobbying on behalf of an entity,
597	597		292
598		-	~~reimbursement for reasonable travel expenses, with~~ a ~~principal to lobby~~ a ~~public~~
	598	+	other than a publicly-traded entity, in which the individual obtained a non-controlling
599	599		293
600		-	~~official~~.]
	600	+	ownership interest within the immediately preceding 18 months.
601	601		294
602		-	(b) "Lobbyist" ~~includes an individual who engages in lobbying on behalf of an entity,~~
	602	+	[(b)] (c) "Lobbyist" does not include:
603	603		295
604		-	~~other than~~ a ~~publicly-traded entity, in which the individual obtained a non-controlling~~
	604	+	(i) a government officer;
605	605		296
606		-	~~ownership interest within~~ the ~~immediately preceding 18 months.~~
	606	+	(ii) a member or employee of the legislative branch of state government;
607	607		297
608		-	[(~~b)] (c~~) ~~"Lobbyist" does not include:~~
	608	+	(iii) an individual who, in exchange for lobbying, accepts or agrees to accept only
609	609		298
610		-	~~(i) a government officer~~;
	610	+	reimbursement for reasonable travel expenses;
611	611		299
612		-	(ii) a ~~member~~ or ~~employee of the legislative branch of state government;~~
	612	+	[(iii)] (iv) a person, including a principal, while appearing at, or providing written
613	613		300
614		-	~~(iii) an individual who,~~ in ~~exchange for lobbying~~, ~~accepts or agrees to accept only~~
615		-	- 9 - ~~2nd~~ Sub. (~~Salmon~~) S.B. 291 ~~03-05 19~~:19
	614	+	comments to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah
	615	+	- 9 - 1st Sub. (Green) S.B. 291 02-24 07:31
616	616		301
617		-	~~reimbursement for reasonable travel expenses;~~
	617	+	Administrative Rulemaking Act, or Title 63G, Chapter 4, Administrative
618	618		302
619		-	~~[(iii)] (iv) a person, including a principal, while appearing at, or providing written~~
	619	+	Procedures Act;
620	620		303
621		-	~~comments to,~~ a ~~hearing conducted in accordance with Title 63G~~, ~~Chapter 3, Utah~~
	621	+	[(iv)] (v) a person participating on or appearing before an advisory or study task force,
622	622		304
623		-	~~Administrative Rulemaking Act~~, or ~~Title 63G~~, ~~Chapter 4~~, ~~Administrative~~
	623	+	commission, board, or committee, constituted by the Legislature, a local
624	624		305
625		-	~~Procedures Act;~~
	625	+	government, a board of education, or any agency or department of state
626	626		306
627		-	~~[(iv)] (v) a person participating on~~ or ~~appearing before an advisory or study task force,~~
	627	+	government, except legislative standing, appropriation, or interim committees;
628	628		307
629		-	~~commission, board, or committee, constituted by the Legislature,~~ a ~~local~~
	629	+	[(v)] (vi) a representative of a political party;
630	630		308
631		-	~~government,~~ a ~~board~~ of ~~education, or any agency or department of state~~
	631	+	[(vi)] (vii) an individual representing a bona fide church solely for the purpose of
632	632		309
633		-	~~government~~, ~~except legislative standing, appropriation, or interim committees;~~
	633	+	protecting the right to practice the religious doctrines of the church, unless the
634	634		310
635		-	~~[(v)] (vi)~~ a ~~representative of~~ a ~~political party;~~
	635	+	individual or church makes an expenditure that confers a benefit on a public
636	636		311
637		-	~~[(vi)] (vii) an individual representing a bona fide church solely for the purpose of~~
	637	+	official;
638	638		312
639		-	~~protecting the right to practice the religious doctrines of the church~~, ~~unless the~~
	639	+	[(vii)] (viii) a newspaper, television station or network, radio station or network,
640	640		313
641		-	~~individual~~ or ~~church makes an expenditure that confers a benefit on a public~~
	641	+	periodical of general circulation, or book publisher for the purpose of publishing
642	642		314
643		-	~~official;~~
	643	+	news items, editorials, other comments, or paid advertisements that directly or
644	644		315
645		-	[~~(vii)] (viii) a newspaper~~, ~~television station~~ or ~~network, radio station or network,~~
	645	+	indirectly urge [legislative action, executive action, local action, or education]
646	646		316
647		-	~~periodical of general circulation, or book publisher for the purpose of publishing~~
	647	+	government action;
648	648		317
649		-	~~news items,~~ ~~editorials, other comments,~~ ~~or paid advertisements that directly or~~
	649	+	[(viii)] (ix) an individual who appears on the individual's own behalf before a
650	650		318
651		-	~~indirectly urge [legislative~~ ~~action~~, executive ~~action, local action, or education]~~
	651	+	committee of the Legislature, an agency of the executive branch of state
652	652		319
653		-	government ~~action;~~
	653	+	government, a board of education, the governing body of a local government, a
654	654		320
655		-	~~[(viii)] (ix) an individual who appears on the individual's own behalf before~~ a
	655	+	committee of a local government, or a committee of a board of education, solely
656	656		321
657		-	~~committee~~ of ~~the Legislature,~~ ~~an agency~~ of ~~the executive branch of state~~
	657	+	for the purpose of testifying in support of or in opposition to [legislative action,
658	658		322
659		-	~~government~~, ~~a board of education, the governing body of a~~ local ~~government~~, a
	659	+	executive action, local action, or education] government action; or
660	660		323
661		-	~~committee of~~ a ~~local government~~, or ~~a committee of a board of education~~, ~~solely~~
	661	+	[(ix)] (x) an individual representing a business, entity, or industry, who:
662	662		324
663		-	~~for~~ the ~~purpose of testifying in support of or in opposition to [legislative action,~~
	663	+	(A) interacts with a public official, in the public official's capacity as a public
664	664		325
665		-	~~executive action~~, ~~local action,~~ ~~or education]~~ ~~government action;~~ or
	665	+	official, while accompanied by a registered lobbyist who is lobbying in relation
666	666		326
667		-	~~[(ix)] (x) an individual representing~~ a ~~business, entity, or industry, who:~~
	667	+	to the subject of the interaction or while presenting at a legislative committee
668	668		327
669		-	~~(A) interacts with a public official, in~~ the ~~public official's capacity as a public~~
	669	+	meeting at the same time that the registered lobbyist is attending another
670	670		328
671		-	~~official, while accompanied by a registered lobbyist who is lobbying in relation~~
	671	+	legislative committee meeting; and
672	672		329
673		-	~~to the subject of the interaction~~ or ~~while presenting at~~ a ~~legislative committee~~
	673	+	(B) does not make an expenditure for, or on behalf of, a public official in relation
674	674		330
675		-	~~meeting at~~ the ~~same time that~~ the ~~registered lobbyist is attending another~~
	675	+	to the interaction or during the period of interaction.
676	676		331
677		-	~~legislative committee meeting;~~ ~~and~~
	677	+	[(20)] (23) "Lobbyist group" means two or more lobbyists, principals, government officers,
678	678		332
679		-	~~(B) does not make an expenditure for~~, ~~or on behalf of~~, ~~a public official in relation~~
	679	+	or any combination of lobbyists, principals, and government officers, who each
680	680		333
681		-	to ~~the interaction~~ or ~~during the period~~ of ~~interaction.~~
	681	+	contribute a portion of an expenditure made to benefit a public official or member of the
682	682		334
683		-	~~[(20)] (23) "Lobbyist~~ ~~group" means two or more lobbyists, principals, government officers,~~
684		-	- 10 - ~~03-05 19~~:19 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291
	683	+	public official's immediate family.
	684	+	- 10 - 02-24 07:31 1st Sub. (Green) S.B. 291
685	685		335
686		-	~~or any combination of lobbyists, principals, and government officers, who each~~
	686	+	[(21)] (24) "Local action" means:
687	687		336
688		-	~~contribute~~ a ~~portion of an expenditure made to benefit a public official or member of the~~
	688	+	(a) an ordinance or resolution for consideration by a local government;
689	689		337
690		-	~~public~~ official~~'s immediate family.~~
	690	+	(b) a nomination or appointment by a local official or a local government;
691	691		338
692		-	[(~~21)] (24~~) "Local ~~action" means:~~
	692	+	(c) a vote on an administrative action taken by a vote of a local government's legislative
693	693		339
694		-	~~(a) an ordinance~~ or ~~resolution for consideration by a local government;~~
	694	+	body; or
695	695		340
696		-	(b) ~~a nomination or appointment by~~ a local official or ~~a local government~~;
	696	+	[(d) an adjudicative proceeding over which a local official has direct or indirect control;]
697	697		341
698		-	(c) a ~~vote on an administrative action taken by a vote of a local government's legislative~~
	698	+	[(e) a purchasing or contracting decision;]
699	699		342
700		-	~~body;~~ or
	700	+	[(f) drafting or making a policy, resolution, or rule;]
701	701		343
702		-	[(d) ~~an adjudicative proceeding over which~~ a ~~local official has direct~~ or ~~indirect control;~~]
	702	+	[(g)] (d) determining a rate or fee[; or] .
703	703		344
704		-	[(e) ~~a purchasing or contracting~~ decision;]
	704	+	[(h) making an adjudicative decision.]
705	705		345
706		-	[(f) ~~drafting or making a policy, resolution, or rule;]~~
	706	+	[(22)] (25) "Local government" means:
707	707		346
708		-	[(g)~~] (d) determining~~ a ~~rate~~ or ~~fee[~~; ~~or] .~~
	708	+	(a) a county, city, or town;
709	709		347
710		-	[(h) ~~making an adjudicative decision.]~~
	710	+	(b) a special district governed by Title 17B, Limited Purpose Local Government Entities
711	711		348
712		-	~~[(22)] (25) "Local government" means:~~
	712	+	- Special Districts;
713	713		349
714		-	(a) a ~~county~~, ~~city~~, ~~or town;~~
	714	+	(c) a special service district governed by Title 17D, Chapter 1, Special Service District
715	715		350
716		-	~~(b) a special district governed by Title 17B, Limited Purpose Local Government Entities~~
	716	+	Act;
717	717		351
718		-	~~- Special Districts;~~
	718	+	(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
719	719		352
720		-	~~(c) a special service district governed by Title 17D, Chapter 1, Special Service District~~
	720	+	Government Entities - Community Reinvestment Agency Act;
721	721		353
722		-	Act;
	722	+	(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
723	723		354
724		-	(d) a ~~community reinvestment~~ agency ~~governed by Title 17C, Limited Purpose Local~~
	724	+	(f) a redevelopment agency; or
725	725		355
726		-	~~Government Entities - Community Reinvestment Agency Act;~~
	726	+	(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
727	727		356
728		-	~~(e) a conservation district governed by Title 17D~~, ~~Chapter 3, Conservation District~~ Act;
	728	+	13, Interlocal Cooperation Act.
729	729		357
730		-	(f) ~~a redevelopment agency; or~~
	730	+	[(23)] (26) "Local official" means:
731	731		358
732		-	(g) an ~~interlocal entity or~~ a ~~joint cooperative undertaking governed by Title 11,~~ ~~Chapter~~
	732	+	(a) an [elected member of a local government] individual elected to a local government
733	733		359
734		-	~~13, Interlocal Cooperation Act.~~
	734	+	office or appointed to fill a vacancy in a local government office; or
735	735		360
736		-	[(~~23)] (26~~) "Local ~~official" means:~~
	736	+	(b) an individual appointed to or employed in a position in a local government if that
737	737		361
738		-	~~(a) an [elected member of a local government]~~ individual ~~elected to a local government~~
	738	+	individual:
739	739		362
740		-	~~office~~ or ~~appointed to fill a vacancy in a local government office;~~ or
	740	+	(i) occupies a policymaking position[ or makes purchasing or contracting decisions];
741	741		363
742		-	~~(b) an individual appointed to~~ or ~~employed in a position in a local government if that~~
	742	+	or
743	743		364
744		-	~~individual:~~
	744	+	[(ii) drafts ordinances or resolutions or drafts or makes rules;]
745	745		365
746		-	(i) ~~occupies a policymaking position[~~ or ~~makes purchasing~~ or ~~contracting decisions];~~
	746	+	[(iii)] (ii) determines rates or fees[; or] .
747	747		366
748		-	or
	748	+	[(iv) makes adjudicative decisions; or]
749	749		367
750		-	[(ii) ~~drafts ordinances~~ or ~~resolutions or drafts or makes rules;~~]
	750	+	[(c) an immediate family member of an individual described in Subsection (23)(a) or (b).]
751	751		368
752		-	[(~~iii~~)] (ii) ~~determines rates~~ or ~~fees[; or] .~~
753		-	- 11 - ~~2nd~~ Sub. (~~Salmon~~) S.B. 291 ~~03-05 19~~:19
	752	+	[(24)] (27) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
	753	+	- 11 - 1st Sub. (Green) S.B. 291 02-24 07:31
754	754		369
755		-	~~[(iv) makes adjudicative decisions;~~ or]
	755	+	make a decision, including a conference, seminar, or summit.
756	756		370
757		-	[(c) ~~an immediate family member of an individual described in Subsection (23)(a)~~ or ~~(b).]~~
	757	+	[(25)] (28) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
758	758		371
759		-	~~[(24)] (27) "Meeting" means a gathering of people~~ to ~~discuss an issue, receive instruction, or~~
	759	+	who represents two or more clients and divides the aggregate daily expenditure made to
760	760		372
761		-	~~make~~ a ~~decision, including a conference, seminar,~~ or ~~summit.~~
	761	+	benefit a public official or member of the public official's immediate family between
762	762		373
763		-	~~[(25)] (28) "Multiclient lobbyist" means a single lobbyist, principal,~~ or ~~government officer~~
	763	+	two or more of those clients.
764	764		374
765		-	~~who represents two or more clients and divides the aggregate daily expenditure made~~ to
	765	+	[(26)] (29) "Principal" means a person that [employs an individual to perform lobbying,
766	766		375
767		-	~~benefit a public official~~ or ~~member of the public official's immediate family between~~
	767	+	either as an employee or as an independent contractor] pays or provides, or agrees or
768	768		376
769		-	~~two~~ or ~~more~~ of ~~those clients.~~
	769	+	promises to pay or provide, employment, a reward, an incentive, something of value, or
770	770		377
771		-	~~[(26)] (29) "Principal" means~~ a person ~~that [employs an individual~~ to ~~perform~~ lobbying,
	771	+	other consideration to a person to engage in lobbying.
772	772		378
773		-	~~either as an employee or as an independent contractor~~] ~~pays or provides,~~ ~~or agrees or~~
	773	+	[(27)] (30) "Public official" means:
774	774		379
775		-	~~promises to pay or provide, employment,~~ a ~~reward,~~ an ~~incentive, something of value, or~~
	775	+	(a) an education official;
776	776		380
777		-	~~other consideration to a person to engage in lobbying.~~
	777	+	(b) an executive official;
778	778		381
779		-	[(~~27)] (30~~) ~~"Public~~ official~~" means:~~
	779	+	(c) a legislative official;
780	780		382
781		-	(a) ~~an education~~ official;
	781	+	(d) a local official; or
782	782		383
783		-	(b) an ~~executive~~ official;
	783	+	(e) an immediate family member of an official or individual described in Subsections
784	784		384
785		-	(c) ~~a legislative official;~~
	785	+	(30)(a) through (d).
786	786		385
787		-	(d) a ~~local official~~; or
	787	+	[(a)(i) a member of the Legislature;]
788	788		386
789		-	(e) an ~~immediate family member~~ of ~~an official~~ or ~~individual described in Subsections~~
	789	+	[(ii) an individual elected to a position in the executive branch of state government; or]
790	790		387
791		-	(~~30)(a~~) ~~through (d).~~
	791	+	[(iii) an individual appointed to or employed in a position in the executive or
792	792		388
793		-	~~[(a)(i) a member~~ of ~~the Legislature;~~]
	793	+	legislative branch of state government if that individual:]
794	794		389
795		-	[(ii) ~~an individual elected to~~ a position ~~in the executive branch of state government;~~ or]
	795	+	[(A) occupies a policymaking position or makes purchasing or contracting
796	796		390
797		-	~~[(iii) an individual appointed to or employed in a position in the executive or~~
	797	+	decisions;]
798	798		391
799		-	~~legislative branch of state government if that individual:~~]
	799	+	[(B) drafts legislation or makes rules;]
800	800		392
801		-	[(A) ~~occupies a policymaking position~~ or ~~makes purchasing~~ or ~~contracting~~
	801	+	[(C) determines rates or fees; or]
802	802		393
803		-	decisions;]
	803	+	[(D) makes adjudicative decisions;]
804	804		394
805		-	[(B) ~~drafts legislation or makes rules~~;]
	805	+	[(b) an immediate family member of a person described in Subsection (27)(a);]
806	806		395
807		-	[(C) ~~determines rates or fees~~; or]
	807	+	[(c) a local official; or]
808	808		396
809		-	[(D) ~~makes adjudicative decisions;~~]
	809	+	[(d) an education official.]
810	810		397
811		-	[(b) ~~an immediate family member of~~ a ~~person described in Subsection (27)(~~a~~);]~~
	811	+	[(28)] (31) "Public official type" means a notation to identify whether a public official is:
812	812		398
813		-	[(c) a ~~local official~~; ~~or]~~
	813	+	(a)(i) a member of the Legislature;
814	814		399
815		-	[(d) an ~~education official.]~~
	815	+	(ii) an individual elected to a position in the executive branch of state government;
816	816		400
817		-	[(~~28)] (31~~) ~~"Public official type"~~ ~~means~~ a ~~notation to identify whether a public official is:~~
	817	+	(iii) an individual appointed to or employed in a position in the legislative branch of
818	818		401
819		-	~~(a)(i) a member~~ of ~~the Legislature;~~
	819	+	state government who meets the definition of [public ] legislative official[ under
820	820		402
821		-	(ii) ~~an individual elected to~~ a ~~position in the executive branch of state government~~;
822		-	- 12 - ~~03-05 19~~:19 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291
	821	+	Subsection (27)(a)(iii)];
	822	+	- 12 - 02-24 07:31 1st Sub. (Green) S.B. 291
823	823		403
824		-	(~~iii~~) an individual appointed to or employed in a position in the ~~legislative~~ branch of
	824	+	(iv) an individual appointed to or employed in a position in the executive branch of
825	825		404
826		-	state government who meets the definition of [public ] ~~legislative~~ official[ under
	826	+	state government who meets the definition of [public] executive official[ under
827	827		405
828	828		Subsection (27)(a)(iii)];
829	829		406
830		-	(iv) ~~an individual appointed to or employed in~~ a ~~position in~~ the ~~executive branch~~ of
	830	+	(v) a local official, including a description of the type of local government for which
831	831		407
832		-	~~state government who meets~~ the ~~definition of [public] executive~~ official~~[ under~~
	832	+	the individual is a local official; or
833	833		408
834		-	~~Subsection (27)(~~a~~)(iii)];~~
	834	+	(vi) an education official, including a description of the type of board of education for
835	835		409
836		-	~~(v) a local official, including a description of~~ the ~~type of local government for which~~
	836	+	which the individual is an education official; or
837	837		410
838		-	~~the~~ individual is a ~~local official; or~~
	838	+	(b) an immediate family member of an individual described in [Subsection (27)(a), (c),
839	839		411
840		-	(vi) ~~an education official, including a description of the type of board of education for~~
	840	+	or (d)] Subsections (30)(a) through (d).
841	841		412
842		-	~~which~~ the ~~individual is an education official; or~~
	842	+	[(29)] (32) "Quarterly reporting period" means the three-month period covered by each
843	843		413
844		-	~~(b) an immediate family member of an individual described in [~~Subsection (27)(a)~~, (c),~~
	844	+	financial report required under Subsection 36-11-201(2)(a).
845	845		414
846		-	or (d)] ~~Subsections~~ (~~30)(a~~) ~~through (d).~~
	846	+	[(30)] (33) "Related person" means a person, agent, or employee who [knowingly and
847	847		415
848		-	~~[(29)~~] ~~(32) "Quarterly~~ ~~reporting period"~~ ~~means the three-month~~ ~~period covered by each~~
	848	+	intentionally ]assists a lobbyist, principal, or government officer in lobbying.
849	849		416
850		-	~~financial report required under Subsection 36-11-201(2)(a).~~
	850	+	[(31)] (34) "Relative" means:
851	851		417
852		-	[(30)~~] (33) "Related person" means~~ a ~~person, agent, or employee who [knowingly and~~
	852	+	(a) a spouse;
853	853		418
854		-	~~intentionally ]assists~~ a ~~lobbyist~~, ~~principal~~, ~~or government officer~~ in ~~lobbying.~~
	854	+	(b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law,
855	855		419
856		-	~~[(31)] (34) "Relative" means:~~
	856	+	sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
857	857		420
858		-	(a) a spouse;
	858	+	(c) a spouse of an individual described in Subsection [(31)(b)] (34)(b).
859	859		421
860		-	(b) a ~~child~~, ~~parent, grandparent,~~ ~~grandchild, brother,~~ ~~sister, parent-in-law, brother-in-law,~~
	860	+	[(32)] (35) "Tour" means visiting a location, for a purpose relating to the duties of a public
861	861		422
862		-	~~sister-in-law~~, ~~nephew~~, ~~niece, aunt, uncle, or first cousin; or~~
	862	+	official, and not primarily for entertainment, including:
863	863		423
864		-	(c) a ~~spouse of an individual described in Subsection [(31)(b)] (34)(b).~~
	864	+	(a) viewing a facility;
865	865		424
866		-	[(~~32)] (35~~) ~~"Tour" means visiting a location, for a purpose relating to~~ the ~~duties~~ of a ~~public~~
	866	+	(b) viewing the sight of a natural disaster; or
867	867		425
868		-	official~~, and not primarily for entertainment, including:~~
	868	+	(c) assessing a circumstance in relation to which a public official may need to take
869	869		426
870		-	~~(a) viewing a facility;~~
	870	+	action within the scope of the public official's duties.
871	871		427
872		-	~~(b) viewing the sight of a natural disaster;~~ or
	872	+	Section 2. Section 36-11-201 is amended to read:
873	873		428
874		-	~~(c) assessing a circumstance in relation to which a public official may need to take~~
	874	+	36-11-201 . Lobbyist, principal, and government officer financial reporting
875	875		429
876		-	~~action within the scope of the public official's duties~~.
	876	+	requirements -- Prohibition for related person to make expenditures.
877	877		430
878		-	~~Section 2.~~ ~~Section 36-11-201 is amended to read:~~
	878	+	(1)(a)(i) Except as provided in Subsection (1)(a)(ii), a lobbyist shall file financial
879	879		431
880		-	~~36-11-201 . Lobbyist,~~ ~~principal, and government officer financial reporting~~
	880	+	reports with the lieutenant governor on or before the due dates specified in
881	881		432
882		-	~~requirements -- Prohibition for related person to make expenditures~~.
	882	+	Subsection (2).
883	883		433
884		-	~~(1)(a)(i) Except as provided in Subsection (1)(a)~~(ii), a lobbyist ~~shall file financial~~
	884	+	(ii) A lobbyist who has not made an expenditure during a quarterly reporting period
885	885		434
886		-	~~reports with the lieutenant governor on or before the due dates specified in~~
	886	+	is not required to file a quarterly financial report for that quarterly reporting period.
887	887		435
888		-	~~Subsection (2).~~
	888	+	(iii) A lobbyist who is not required to file any quarterly reports under this section for
889	889		436
890		-	~~(ii)~~ A ~~lobbyist who has not made an expenditure during a quarterly reporting period~~
891		-	- 13 - ~~2nd~~ Sub. (~~Salmon~~) S.B. 291 ~~03-05 19~~:19
	890	+	a calendar year shall, on or before January 10 of the following year, file a financial
	891	+	- 13 - 1st Sub. (Green) S.B. 291 02-24 07:31
892	892		437
893		-	~~is not required to file a quarterly financial report~~ for ~~that quarterly reporting period.~~
	893	+	report listing the amount of the expenditures for the entire preceding year as
894	894		438
895		-	~~(iii) A lobbyist who is not required to file any quarterly reports under this section for~~
	895	+	"none."
896	896		439
897		-	a ~~calendar year shall, on~~ or ~~before January 10 of the following year, file a financial~~
	897	+	(b) Except as provided in Subsection (1)(c), a government officer or principal that makes
898	898		440
899		-	~~report listing the amount~~ of the ~~expenditures for the entire preceding year as~~
	899	+	an expenditure during any of the quarterly reporting periods under Subsection (2)(a)
900	900		441
901		-	~~"none."~~
	901	+	shall file a financial report with the lieutenant governor on or before the date that a
902	902		442
903		-	~~(b) Except as provided in Subsection (1)(c), a government officer or principal~~ that ~~makes~~
	903	+	report for that quarter is due.
904	904		443
905		-	~~an expenditure during any of the quarterly reporting periods under~~ Subsection (2)(a)
	905	+	(c)(i) As used in this Subsection (1)(c), "same local government type" means:
906	906		444
907		-	~~shall file~~ a ~~financial report with~~ the ~~lieutenant governor on~~ or ~~before the date that a~~
	907	+	(A) for a county government, the same county government or another county
908	908		445
909		-	~~report for that quarter is due.~~
	909	+	government;
910	910		446
911		-	(~~c)(i~~) ~~As used in this Subsection (1)(c)~~, "same ~~local~~ government ~~type" means:~~
	911	+	(B) for a municipal government, the same municipal government or another
912	912		447
913		-	~~(A) for a county~~ government~~, the same county government or another county~~
	913	+	municipal government;
914	914		448
	915	+	(C) for a board of education, the same board of education;
	916	+	449
	917	+	(D) for a local school board described in Title 53G, Chapter 4, School Districts,
	918	+	450
	919	+	the same local school board or another local school board;
	920	+	451
	921	+	(E) for a special district, the same special district or another special district or a
	922	+	452
	923	+	special service district;
	924	+	453
	925	+	(F) for a special service district, the same special service district or another special
	926	+	454
	927	+	service district or a special district; or
	928	+	455
	929	+	(G) for a participant in an interlocal agreement, another participant in the same
	930	+	456
	931	+	interlocal agreement.
	932	+	457
	933	+	(ii) A local official or an education official is not required, under this section, to
	934	+	458
	935	+	report an expenditure made by the local official or education official to another
	936	+	459
	937	+	local official or education official of the same local government type as the local
	938	+	460
	939	+	official or education official making the expenditure.
	940	+	461
	941	+	(2)(a) A financial report is due quarterly on the following dates:
	942	+	462
	943	+	(i) April 10, for the period of January 1 through March 31;
	944	+	463
	945	+	(ii) July 10, for the period of April 1 through June 30;
	946	+	464
	947	+	(iii) October 10, for the period of July 1 through September 30; and
	948	+	465
	949	+	(iv) January 10, for the period of October 1 through December 31 of the previous
	950	+	466
	951	+	year.
	952	+	467
	953	+	(b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday, the
	954	+	468
	955	+	report is due on the next succeeding business day.
	956	+	469
	957	+	(c) A financial report is timely filed if it is filed electronically before the close of regular
	958	+	470
	959	+	office hours on or before the due date.
	960	+	- 14 - 02-24 07:31 1st Sub. (Green) S.B. 291
	961	+	471
	962	+	(3) A financial report shall contain:
	963	+	472
	964	+	(a) the total amount of expenditures made to benefit any public official during the
	965	+	473
	966	+	quarterly reporting period;
	967	+	474
	968	+	(b) the total amount of expenditures made, by the type of public official, during the
	969	+	475
	970	+	quarterly reporting period;
	971	+	476
	972	+	(c) for the financial report due on January 10:
	973	+	477
	974	+	(i) the total amount of expenditures made to benefit any public official during the last
	975	+	478
	976	+	calendar year; and
	977	+	479
	978	+	(ii) the total amount of expenditures made, by the type of public official, during the
	979	+	480
	980	+	last calendar year;
	981	+	481
	982	+	(d) a disclosure of each expenditure made during the quarterly reporting period to
	983	+	482
	984	+	reimburse or pay for travel or lodging for a public official, including:
	985	+	483
	986	+	(i) each travel destination and each lodging location;
	987	+	484
	988	+	(ii) the name of each public official who benefitted from the expenditure on travel or
	989	+	485
	990	+	lodging;
	991	+	486
	992	+	(iii) the public official type of each public official named;
	993	+	487
	994	+	(iv) for each public official named, a listing of the amount and purpose of each
	995	+	488
	996	+	expenditure made for travel or lodging; and
	997	+	489
	998	+	(v) the total amount of expenditures listed under Subsection (3)(d)(iv);
	999	+	490
	1000	+	(e) a disclosure of aggregate daily expenditures greater than [$10] $25 made during the
	1001	+	491
	1002	+	quarterly reporting period including:
	1003	+	492
	1004	+	(i) the date and purpose of the expenditure;
	1005	+	493
	1006	+	(ii) the location of the expenditure;
	1007	+	494
	1008	+	(iii) the name of any public official benefitted by the expenditure;
	1009	+	495
	1010	+	(iv) the type of the public official benefitted by the expenditure; and
	1011	+	496
	1012	+	(v) the total monetary worth of the benefit that the expenditure conferred on any
	1013	+	497
	1014	+	public official;
	1015	+	498
	1016	+	(f) for each public official who was employed by the lobbyist, principal, or government
	1017	+	499
	1018	+	officer, a list that provides:
	1019	+	500
	1020	+	(i) the name of the public official; and
	1021	+	501
	1022	+	(ii) the nature of the employment with the public official;
	1023	+	502
	1024	+	(g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
	1025	+	503
	1026	+	principal, or government officer made an expenditure to a public official;
	1027	+	504
	1028	+	(h) a description of each [executive] government action on behalf of which the lobbyist,
	1029	+	- 15 - 1st Sub. (Green) S.B. 291 02-24 07:31
	1030	+	505
	1031	+	principal, or government officer made an expenditure to a public official;
	1032	+	506
	1033	+	(i) a description of each [local action or education] government action regarding which
	1034	+	507
	1035	+	the lobbyist, principal, or government officer made an expenditure to a local official
	1036	+	508
	1037	+	or education official;
	1038	+	509
	1039	+	(j) the general purposes, interests, and nature of the entities that the lobbyist, principal,
	1040	+	510
	1041	+	or government officer filing the report represents; and
	1042	+	511
	1043	+	(k) for a lobbyist, a certification that the information provided in the report is true,
	1044	+	512
	1045	+	accurate, and complete to the lobbyist's best knowledge and belief.
	1046	+	513
	1047	+	(4) A related person may not, while assisting a lobbyist, principal, or government officer in
	1048	+	514
	1049	+	lobbying, make an expenditure that benefits a public official under circumstances that
	1050	+	515
	1051	+	would otherwise fall within the disclosure requirements of this chapter if the expenditure
	1052	+	516
	1053	+	was made by the lobbyist, principal, or government officer.
	1054	+	517
	1055	+	(5) The lieutenant governor shall:
	1056	+	518
	1057	+	(a)(i) develop a preprinted form for a financial report required by this section; and
	1058	+	519
	1059	+	(ii) make copies of the form available to a lobbyist, principal, or government officer
	1060	+	520
	1061	+	who requests a form; and
	1062	+	521
	1063	+	(b) provide a reporting system that allows a lobbyist, principal, or government officer to
	1064	+	522
	1065	+	submit a financial report required by this chapter via the Internet.
	1066	+	523
	1067	+	(6)(a) A lobbyist and a principal shall continue to file a financial report required by this
	1068	+	524
	1069	+	section until the lobbyist or principal files a statement with the lieutenant governor
	1070	+	525
	1071	+	that:
	1072	+	526
	1073	+	(i)(A) for a lobbyist, states that the lobbyist has ceased lobbying activities; or
	1074	+	527
	1075	+	(B) for a principal, states that the principal no longer employs an individual as a
	1076	+	528
	1077	+	lobbyist;
	1078	+	529
	1079	+	(ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
	1080	+	530
	1081	+	license;
	1082	+	531
	1083	+	(iii) contains a listing, as required by this section, of all previously unreported
	1084	+	532
	1085	+	expenditures that have been made through the date of the statement; and
	1086	+	533
	1087	+	(iv) states that the lobbyist or principal will not make any additional expenditure that
	1088	+	534
	1089	+	is not disclosed on the statement unless the lobbyist or principal complies with the
	1090	+	535
	1091	+	disclosure and licensing requirements of this chapter.
	1092	+	536
	1093	+	(b) Except as provided in Subsection (1)(a)(ii), a lobbyist or principal that is required to
	1094	+	537
	1095	+	file a financial report under this section is required to file the report quarterly until the
	1096	+	538
	1097	+	lobbyist or principal files the statement required by Subsection (6)(a).
	1098	+	- 16 - 02-24 07:31 1st Sub. (Green) S.B. 291
	1099	+	539
	1100	+	Section 3. Section 36-11-301 is repealed and reenacted to read:
	1101	+	540
	1102	+	36-11-301 . Contingent consideration, reward, or incentive prohibited.
	1103	+	541
	1104	+	It is unlawful for a lobbyist to solicit, accept, or agree to accept anything of value from a
	1105	+	542
	1106	+	person as consideration for, a reward for, or an incentive for, lobbying, if:
	1107	+	543
	1108	+	(1) the consideration, reward, or incentive is based on whether certain government action
	1109	+	544
	1110	+	occurs or does not occur; or
	1111	+	545
	1112	+	(2) the value of the consideration is calculated based the amount appropriated for a certain
	1113	+	546
	1114	+	program or expenditure made by the entity lobbied.
	1115	+	547
	1116	+	Section 4. Section 36-11-304 is amended to read:
	1117	+	548
	1118	+	36-11-304 . Expenditures over certain amounts prohibited -- Exceptions.
	1119	+	549
	1120	+	(1) Except as provided in Subsection (2) or (3), a lobbyist, principal, or government officer
	1121	+	550
	1122	+	may not make or offer to make aggregate daily expenditures that exceed:
	1123	+	551
	1124	+	(a) for food or beverage, the food reimbursement rate;[ or]
	1125	+	552
	1126	+	(b) [$10] except as provided in Subsection (1)(c), $25 for expenditures other than food or
	1127	+	553
	1128	+	beverage[.] ; or
	1129	+	554
	1130	+	(c) $50 for expenditures for a publication or a commemorative item.
	1131	+	555
	1132	+	(2) A lobbyist, principal, or government officer may make aggregate daily expenditures that
	1133	+	556
	1134	+	exceed the limits described in Subsection (1):
	1135	+	557
	1136	+	(a) for the following items, if the expenditure is reported in accordance with Section
	1137	+	558
	1138	+	36-11-201:
	1139	+	559
	1140	+	(i) food;
	1141	+	560
	1142	+	(ii) beverage;
	1143	+	561
	1144	+	(iii) travel;
	1145	+	562
	1146	+	(iv) lodging; or
	1147	+	563
	1148	+	(v) admission to or attendance at a tour or meeting that is not an approved activity; or
	1149	+	564
	1150	+	(b) if the expenditure is made for a purpose solely unrelated to the public official's
	1151	+	565
	1152	+	position as a public official.
	1153	+	566
	1154	+	(3)(a) As used in this Subsection (3), "same local government type" means:
	1155	+	567
	1156	+	(i) for a county government, the same county government or another county
	1157	+	568
915	1158		government;
916		-	~~449~~
917		-	(B) for a municipal government, the same municipal government or another
918		-	~~450~~
	1159	+	569
	1160	+	(ii) for a municipal government, the same municipal government or another
	1161	+	570
919	1162		municipal government;
920		-	451
921		-	(C) for a board of education, the same board of education;
922		-	452
923		-	(D) for a local school board described in Title 53G, Chapter 4, School Districts,
924		-	453
925		-	the same local school board or another local school board;
926		-	454
927		-	(E) for a special district, the same special district or another special district or a
928		-	455
	1163	+	571
	1164	+	(iii) for a board of education, the same board of education;
	1165	+	572
	1166	+	(iv) for a local school board described in Title 53G, Chapter 4, School Districts, the
	1167	+	- 17 - 1st Sub. (Green) S.B. 291 02-24 07:31
	1168	+	573
	1169	+	same local school board or another local school board;
	1170	+	574
	1171	+	(v) for a special district, the same special district or another special district or a
	1172	+	575
929	1173		special service district;
930		-	~~456~~
931		-	(F) for a special service district, the same special service district or another special
932		-	~~457~~
	1174	+	576
	1175	+	(vi) for a special service district, the same special service district or another special
	1176	+	577
933	1177		service district or a special district; or
934		-	~~458~~
935		-	(G) for a participant in an interlocal agreement, another participant in the same
936		-	~~459~~
	1178	+	578
	1179	+	(vii) for a participant in an interlocal agreement, another participant in the same
	1180	+	579
937	1181		interlocal agreement.
938		-	460
939		-	(ii) A local official or an education official is not required, under this section, to
940		-	461
941		-	report an expenditure made by the local official or education official to another
942		-	462
943		-	local official or education official of the same local government type as the local
944		-	463
945		-	official or education official making the expenditure.
946		-	464
947		-	(2)(a) A financial report is due quarterly on the following dates:
948		-	465
949		-	(i) April 10, for the period of January 1 through March 31;
950		-	466
951		-	(ii) July 10, for the period of April 1 through June 30;
952		-	467
953		-	(iii) October 10, for the period of July 1 through September 30; and
954		-	468
955		-	(iv) January 10, for the period of October 1 through December 31 of the previous
956		-	469
957		-	year.
958		-	470
959		-	(b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday, the
960		-	- 14 - 03-05 19:19 2nd Sub. (Salmon) S.B. 291
961		-	471
962		-	report is due on the next succeeding business day.
963		-	472
964		-	(c) A financial report is timely filed if it is filed electronically before the close of regular
965		-	473
966		-	office hours on or before the due date.
967		-	474
968		-	(3) A financial report shall contain:
969		-	475
970		-	(a) the total amount of expenditures made to benefit any public official during the
971		-	476
972		-	quarterly reporting period;
973		-	477
974		-	(b) the total amount of expenditures made, by the type of public official, during the
975		-	478
976		-	quarterly reporting period;
977		-	479
978		-	(c) for the financial report due on January 10:
979		-	480
980		-	(i) the total amount of expenditures made to benefit any public official during the last
981		-	481
982		-	calendar year; and
983		-	482
984		-	(ii) the total amount of expenditures made, by the type of public official, during the
985		-	483
986		-	last calendar year;
987		-	484
988		-	(d) a disclosure of each expenditure made during the quarterly reporting period to
989		-	485
990		-	reimburse or pay for travel or lodging for a public official, including:
991		-	486
992		-	(i) each travel destination and each lodging location;
993		-	487
994		-	(ii) the name of each public official who benefitted from the expenditure on travel or
995		-	488
996		-	lodging;
997		-	489
998		-	(iii) the public official type of each public official named;
999		-	490
1000		-	(iv) for each public official named, a listing of the amount and purpose of each
1001		-	491
1002		-	expenditure made for travel or lodging; and
1003		-	492
1004		-	(v) the total amount of expenditures listed under Subsection (3)(d)(iv);
1005		-	493
1006		-	(e) a disclosure of aggregate daily expenditures greater than [$10] $25 made during the
1007		-	494
1008		-	quarterly reporting period including:
1009		-	495
1010		-	(i) the date and purpose of the expenditure;
1011		-	496
1012		-	(ii) the location of the expenditure;
1013		-	497
1014		-	(iii) the name of any public official benefitted by the expenditure;
1015		-	498
1016		-	(iv) the type of the public official benefitted by the expenditure; and
1017		-	499
1018		-	(v) the total monetary worth of the benefit that the expenditure conferred on any
1019		-	500
1020		-	public official;
1021		-	501
1022		-	(f) for each public official who was employed by the lobbyist, principal, or government
1023		-	502
1024		-	officer, a list that provides:
1025		-	503
1026		-	(i) the name of the public official; and
1027		-	504
1028		-	(ii) the nature of the employment with the public official;
1029		-	- 15 - 2nd Sub. (Salmon) S.B. 291 03-05 19:19
1030		-	505
1031		-	(g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
1032		-	506
1033		-	principal, or government officer made an expenditure to a public official;
1034		-	507
1035		-	(h) a description of each [executive] government action on behalf of which the lobbyist,
1036		-	508
1037		-	principal, or government officer made an expenditure to a public official;
1038		-	509
1039		-	(i) a description of each [local action or education] government action regarding which
1040		-	510
1041		-	the lobbyist, principal, or government officer made an expenditure to a local official
1042		-	511
1043		-	or education official;
1044		-	512
1045		-	(j) the general purposes, interests, and nature of the entities that the lobbyist, principal,
1046		-	513
1047		-	or government officer filing the report represents; and
1048		-	514
1049		-	(k) for a lobbyist, a certification that the information provided in the report is true,
1050		-	515
1051		-	accurate, and complete to the lobbyist's best knowledge and belief.
1052		-	516
1053		-	(4) A related person may not, while assisting a lobbyist, principal, or government officer in
1054		-	517
1055		-	lobbying, make an expenditure that benefits a public official under circumstances that
1056		-	518
1057		-	would otherwise fall within the disclosure requirements of this chapter if the expenditure
1058		-	519
1059		-	was made by the lobbyist, principal, or government officer.
1060		-	520
1061		-	(5) The lieutenant governor shall:
1062		-	521
1063		-	(a)(i) develop a preprinted form for a financial report required by this section; and
1064		-	522
1065		-	(ii) make copies of the form available to a lobbyist, principal, or government officer
1066		-	523
1067		-	who requests a form; and
1068		-	524
1069		-	(b) provide a reporting system that allows a lobbyist, principal, or government officer to
1070		-	525
1071		-	submit a financial report required by this chapter via the Internet.
1072		-	526
1073		-	(6)(a) A lobbyist and a principal shall continue to file a financial report required by this
1074		-	527
1075		-	section until the lobbyist or principal files a statement with the lieutenant governor
1076		-	528
1077		-	that:
1078		-	529
1079		-	(i)(A) for a lobbyist, states that the lobbyist has ceased lobbying activities; or
1080		-	530
1081		-	(B) for a principal, states that the principal no longer employs an individual as a
1082		-	531
1083		-	lobbyist;
1084		-	532
1085		-	(ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
1086		-	533
1087		-	license;
1088		-	534
1089		-	(iii) contains a listing, as required by this section, of all previously unreported
1090		-	535
1091		-	expenditures that have been made through the date of the statement; and
1092		-	536
1093		-	(iv) states that the lobbyist or principal will not make any additional expenditure that
1094		-	537
1095		-	is not disclosed on the statement unless the lobbyist or principal complies with the
1096		-	538
1097		-	disclosure and licensing requirements of this chapter.
1098		-	- 16 - 03-05 19:19 2nd Sub. (Salmon) S.B. 291
1099		-	539
1100		-	(b) Except as provided in Subsection (1)(a)(ii), a lobbyist or principal that is required to
1101		-	540
1102		-	file a financial report under this section is required to file the report quarterly until the
1103		-	541
1104		-	lobbyist or principal files the statement required by Subsection (6)(a).
1105		-	542
1106		-	Section 3. Section 36-11-301 is repealed and reenacted to read:
1107		-	543
1108		-	36-11-301 . Contingent consideration, reward, or incentive prohibited.
1109		-	544
1110		-	It is unlawful for a lobbyist to solicit, accept, or agree to accept anything of value from a
1111		-	545
1112		-	person as consideration for, a reward for, or an incentive for, lobbying, if:
1113		-	546
1114		-	(1) the consideration, reward, or incentive is based on whether certain government action
1115		-	547
1116		-	occurs or does not occur; or
1117		-	548
1118		-	(2) the value of the consideration is calculated based the amount appropriated for a certain
1119		-	549
1120		-	program or expenditure made by the entity lobbied.
1121		-	550
1122		-	Section 4. Section 36-11-304 is amended to read:
1123		-	551
1124		-	36-11-304 . Expenditures over certain amounts prohibited -- Exceptions.
1125		-	552
1126		-	(1) Except as provided in Subsection (2) or (3), a lobbyist, principal, or government officer
1127		-	553
1128		-	may not make or offer to make aggregate daily expenditures that exceed:
1129		-	554
1130		-	(a) for food or beverage, the food reimbursement rate;[ or]
1131		-	555
1132		-	(b) [$10] except as provided in Subsection (1)(c), $25 for expenditures other than food or
1133		-	556
1134		-	beverage[.] ; or
1135		-	557
1136		-	(c) $50 for expenditures for a publication or a commemorative item.
1137		-	558
1138		-	(2) A lobbyist, principal, or government officer may make aggregate daily expenditures that
1139		-	559
1140		-	exceed the limits described in Subsection (1):
1141		-	560
1142		-	(a) for the following items, if the expenditure is reported in accordance with Section
1143		-	561
1144		-	36-11-201:
1145		-	562
1146		-	(i) food;
1147		-	563
1148		-	(ii) beverage;
1149		-	564
1150		-	(iii) travel;
1151		-	565
1152		-	(iv) lodging; or
1153		-	566
1154		-	(v) admission to or attendance at a tour or meeting that is not an approved activity; or
1155		-	567
1156		-	(b) if the expenditure is made for a purpose solely unrelated to the public official's
1157		-	568
1158		-	position as a public official.
1159		-	569
1160		-	(3)(a) As used in this Subsection (3), "same local government type" means:
1161		-	570
1162		-	(i) for a county government, the same county government or another county
1163		-	571
1164		-	government;
1165		-	572
1166		-	(ii) for a municipal government, the same municipal government or another
1167		-	- 17 - 2nd Sub. (Salmon) S.B. 291 03-05 19:19
1168		-	573
1169		-	municipal government;
1170		-	574
1171		-	(iii) for a board of education, the same board of education;
1172		-	575
1173		-	(iv) for a local school board described in Title 53G, Chapter 4, School Districts, the
1174		-	576
1175		-	same local school board or another local school board;
1176		-	577
1177		-	(v) for a special district, the same special district or another special district or a
1178		-	578
1179		-	special service district;
1180		-	579
1181		-	(vi) for a special service district, the same special service district or another special
1182	1182		580
1183		-	~~service district~~ or ~~a special district; or~~
	1183	+	(b) This section does not apply to an expenditure made by a local official or an
1184	1184		581
1185		-	~~(vii) for a participant in an interlocal agreement,~~ another ~~participant in~~ the same
	1185	+	education official to another local official or education official of the same local
1186	1186		582
1187		-	~~interlocal agreement~~.
	1187	+	government type as the local official or education official making the expenditure.
1188	1188		583
1189		-	~~(b) This~~ section ~~does not apply~~ to ~~an expenditure made by a local official or an~~
	1189	+	Section 5. Section 53-1-102 is amended to read:
1190	1190		584
1191		-	~~education official to another local official or education official of the same local~~
	1191	+	53-1-102 . Definitions.
1192	1192		585
1193		-	~~government type~~ as ~~the local official or education official making the expenditure.~~
	1193	+	(1) As used in this title:
1194	1194		586
1195		-	~~Section 5.~~ Section 53-1-~~102 is amended to read:~~
	1195	+	(a) "Capitol hill complex" means capitol hill, as defined in Section 63O-1-101.
1196	1196		587
1197		-	~~53-1-102 . Definitions.~~
	1197	+	(b) "Commissioner" means the commissioner of public safety appointed under Section
1198	1198		588
1199		-	(1~~) As used in this title:~~
	1199	+	53-1-107.
1200	1200		589
1201		-	(a) "~~Capitol hill complex~~" means ~~capitol hill,~~ ~~as defined~~ in Section ~~63O~~-1-~~101~~.
	1201	+	(c) "Department" means the Department of Public Safety created in Section 53-1-103.
1202	1202		590
1203		-	(b) "~~Commissioner~~" means the ~~commissioner~~ of ~~public safety appointed under Section~~
	1203	+	(d) "Governor-elect" means an individual whom the board of canvassers determines to
1204	1204		591
1205		-	~~53-1-107.~~
	1205	+	be the successful candidate for governor after a general election for the office of
1206	1206		592
1207		-	~~(c) "Department" means the Department of Public Safety created in Section 53-1-103~~.
	1207	+	governor.
1208	1208		593
1209		-	(d) "~~Governor-elect~~" means an ~~individual whom the board~~ of ~~canvassers determines to~~
	1209	+	(e) "Law enforcement agency" means an entity or division of:
1210	1210		594
1211		-	be the ~~successful candidate for governor after~~ a ~~general election for the office~~ of
	1211	+	(i)(A) the federal government, a state, or a political subdivision of a state;
1212	1212		595
1213		-	~~governor.~~
	1213	+	(B) a state institution of higher education; or
1214	1214		596
1215		-	(e) ~~"Law enforcement agency"~~ ~~means an~~ entity or division ~~of:~~
	1215	+	(C) a private institution of higher education, if the entity or division is certified by
1216	1216		597
1217		-	~~(i)(A)~~ the ~~federal government~~, ~~a state~~, ~~or a political subdivision~~ of ~~a state;~~
	1217	+	the commissioner under Title 53, Chapter 19, Certification of Private Law
1218	1218		598
1219		-	~~(B) a state institution of higher education~~; or
	1219	+	Enforcement Agency; and
1220	1220		599
1221		-	(C) ~~a private institution of higher education~~, ~~if the entity or division is certified by~~
	1221	+	(ii) that exists primarily to prevent and detect crime and enforce criminal laws,
1222	1222		600
1223		-	~~the commissioner under Title 53~~, ~~Chapter 19, Certification of Private Law~~
	1223	+	statutes, and ordinances.
1224	1224		601
1225		-	Enforcement ~~Agency; and~~
	1225	+	(f) "Law enforcement officer" means the same as that term is defined in Section
1226	1226		602
1227		-	~~(ii) that exists primarily to prevent and detect crime and enforce criminal laws,~~
	1227	+	53-13-103.
1228	1228		603
1229		-	~~statutes,~~ and ~~ordinances.~~
	1229	+	(g) "Motor vehicle" means every self-propelled vehicle and every vehicle propelled by
1230	1230		604
1231		-	~~(f) "Law~~ ~~enforcement officer"~~ ~~means the same as that term is defined in Section~~
	1231	+	electric power obtained from overhead trolley wires, but not operated upon rails,
1232	1232		605
1233		-	~~53-13-103~~.
	1233	+	except motorized wheel chairs and vehicles moved solely by human power.
1234	1234		606
1235		-	(g) "~~Motor vehicle~~" means ~~every self-propelled~~ ~~vehicle and every vehicle propelled by~~
1236		-	- 18 - ~~03-05 19~~:19 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291
	1235	+	(h) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13,
	1236	+	- 18 - 02-24 07:31 1st Sub. (Green) S.B. 291
1237	1237		607
1238		-	~~electric power obtained from overhead trolley wires, but not operated upon rails,~~
	1238	+	Peace Officer Classifications.
1239	1239		608
1240		-	~~except motorized wheel chairs and vehicles moved solely by human power~~.
	1240	+	(i) "Public official" means[ the same as that term is defined in Section 36-11-102.] :
1241	1241		609
1242		-	(h) ~~"Peace officer"~~ ~~means any officer certified in accordance with Title 53, Chapter 13,~~
	1242	+	(i) a member of the Legislature;
1243	1243		610
1244		-	~~Peace Officer Classifications.~~
	1244	+	(ii) an individual elected to a position in the executive branch of state government;
1245	1245		611
1246		-	(i) ~~"Public official"~~ ~~means[~~ the ~~same as that term is defined in Section 36-11-102.] :~~
	1246	+	(iii) an individual appointed to or employed in a position in the executive or
1247	1247		612
1248		-	~~(i) a member~~ of ~~the Legislature;~~
	1248	+	legislative branch of state government, if that individual:
1249	1249		613
1250		-	(ii) ~~an individual elected to~~ a position ~~in the executive branch of state government~~;
	1250	+	(A) occupies a policymaking position;
1251	1251		614
1252		-	(~~iii~~) ~~an individual appointed to~~ or ~~employed in a position in the executive or~~
	1252	+	(B) makes purchasing or contracting decisions;
1253	1253		615
1254		-	~~legislative branch of state government,~~ ~~if that individual:~~
	1254	+	(C) drafts legislation or makes rules;
1255	1255		616
	1256	+	(D) determines rates or fees; or
	1257	+	617
	1258	+	(E) makes adjudicative decisions;
	1259	+	618
	1260	+	(iv) an elected member of a local government, as defined in Section 36-11-102;
	1261	+	619
	1262	+	(v) an individual appointed to or employed in a position in a local government, as
	1263	+	620
	1264	+	defined in Section 36-11-102, if that individual:
	1265	+	621
1256	1266		(A) occupies a policymaking position;
1257		-	~~617~~
	1267	+	622
1258	1268		(B) makes purchasing or contracting decisions;
1259		-	~~618~~
1260		-	(C) drafts ~~legislation~~ or makes rules;
1261		-	~~619~~
	1269	+	623
	1270	+	(C) drafts ordinances or resolutions, or drafts or makes rules;
	1271	+	624
1262	1272		(D) determines rates or fees; or
1263		-	~~620~~
	1273	+	625
1264	1274		(E) makes adjudicative decisions;
1265		-	~~621~~
1266		-	(iv) ~~an elected~~ member of a ~~local government~~, as defined in Section 36-11-102;
1267		-	~~622~~
1268		-	(v) an individual appointed to or employed in a position in a ~~local government~~, as
1269		-	~~623~~
1270		-	defined in Section 36-11-102, if that individual:
1271		-	~~624~~
	1275	+	626
	1276	+	(vi) a member of a board of education, as defined in Section 36-11-102;
	1277	+	627
	1278	+	(vii) an individual appointed to or employed in a position under a board of education,
	1279	+	628
	1280	+	as defined in Section 36-11-102, if that individual:
	1281	+	629
1272	1282		(A) occupies a policymaking position;
1273		-	~~625~~
	1283	+	630
1274	1284		(B) makes purchasing or contracting decisions;
1275		-	626
1276		-	(C) drafts ordinances or resolutions, or drafts or makes rules;
1277		-	627
1278		-	(D) determines rates or fees; or
1279		-	628
1280		-	(E) makes adjudicative decisions;
1281		-	629
1282		-	(vi) a member of a board of education, as defined in Section 36-11-102;
1283		-	630
1284		-	(vii) an individual appointed to or employed in a position under a board of education,
1285	1285		631
1286		-	~~as defined in Section 36-11-102~~, ~~if that individual:~~
	1286	+	(C) drafts resolutions or policies, or drafts or makes rules;
1287	1287		632
1288		-	(A) ~~occupies a policymaking position~~;
	1288	+	(D) determines rates or fees;
1289	1289		633
1290		-	(B) makes ~~purchasing~~ or ~~contracting decisions;~~
	1290	+	(E) makes decisions relating to an education budget or the expenditure of public
1291	1291		634
1292		-	~~(C) drafts resolutions~~ or ~~policies, or drafts or makes rules;~~
	1292	+	money; or
1293	1293		635
1294		-	(D) ~~determines rates~~ or ~~fees;~~
	1294	+	(F) makes adjudicative decisions; or
1295	1295		636
1296		-	(E) ~~makes decisions relating to~~ an ~~education budget or the expenditure~~ of ~~public~~
	1296	+	(viii) an immediate family member of an individual described in Subsections (1)(i)(i)
1297	1297		637
1298		-	~~money; or~~
	1298	+	through (vii).
1299	1299		638
1300		-	(F) ~~makes adjudicative decisions;~~ or
	1300	+	(j) "State institution of higher education" means the same as that term is defined in
1301	1301		639
1302		-	~~(viii) an immediate family member of an individual described in Subsections (1)(i)(i)~~
	1302	+	Section 53B-3-102.
1303	1303		640
1304		-	~~through (vii).~~
1305		-	- 19 - ~~2nd~~ Sub. (~~Salmon~~) S.B. 291 ~~03-05 19~~:19
	1304	+	(k) "Vehicle" means every device in, upon, or by which any person or property is or may
	1305	+	- 19 - 1st Sub. (Green) S.B. 291 02-24 07:31
1306	1306		641
1307		-	~~(j) "State~~ ~~institution of higher education"~~ ~~means the same as that term is defined in~~
	1307	+	be transported or drawn upon a highway, excepting devices used exclusively upon
1308	1308		642
1309		-	~~Section 53B-3-102~~.
	1309	+	stationary rails or tracks.
1310	1310		643
1311		-	(k) ~~"Vehicle" means every device~~ in~~, upon,~~ ~~or by which any person or property is or may~~
	1311	+	(2) The definitions provided in Subsection (1) are to be applied throughout this title in
1312	1312		644
1313		-	~~be transported~~ or ~~drawn upon a highway, excepting devices used exclusively upon~~
	1313	+	addition to definitions that are applicable to specific chapters or parts.
1314	1314		645
1315		-	~~stationary rails or tracks.~~
	1315	+	Section 6. Section 53-1-106 is amended to read:
1316	1316		646
1317		-	~~(2) The definitions provided in Subsection (1) are to be applied throughout this title in~~
	1317	+	53-1-106 . Department duties -- Powers.
1318	1318		647
1319		-	addition to ~~definitions that are applicable to specific chapters or parts.~~
	1319	+	(1) In addition to the responsibilities contained in this title, the department shall:
1320	1320		648
1321		-	~~Section 6.~~ ~~Section 53-1-106 is amended to read:~~
	1321	+	(a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code,
1322	1322		649
1323		-	~~53-1-106 . Department duties -- Powers.~~
	1323	+	including:
1324	1324		650
1325		-	(1) ~~In addition~~ to ~~the responsibilities contained in this title,~~ the department ~~shall:~~
	1325	+	(i) setting performance standards for towing companies to be used by the department,
1326	1326		651
1327		-	~~(a) make rules~~ and ~~perform the functions specified in Title 41, Chapter 6a, Traffic Code,~~
	1327	+	as required by Section 41-6a-1406; and
1328	1328		652
1329		-	~~including:~~
	1329	+	(ii) advising the Department of Transportation regarding the safe design and
1330	1330		653
1331		-	~~(i) setting performance standards for towing companies to be used~~ by ~~the department,~~
	1331	+	operation of school buses, as required by Section 41-6a-1304;
1332	1332		654
1333		-	~~as required by Section 41-6a-1406;~~ and
	1333	+	(b) make rules to establish and clarify standards pertaining to the curriculum and
1334	1334		655
1335		-	~~(ii) advising the Department~~ of ~~Transportation regarding the safe design and~~
	1335	+	teaching methods of a motor vehicle accident prevention course under Section
1336	1336		656
1337		-	~~operation of school buses, as required by Section 41-6a-1304~~;
	1337	+	31A-19a-211;
1338	1338		657
1339		-	(b) ~~make rules~~ to ~~establish and clarify standards pertaining to the curriculum and~~
	1339	+	(c) aid in enforcement efforts to combat drug trafficking;
1340	1340		658
1341		-	~~teaching methods~~ of ~~a motor vehicle accident prevention course under Section~~
	1341	+	(d) meet with the Division of Technology Services to formulate contracts, establish
1342	1342		659
1343		-	~~31A-19a-211;~~
	1343	+	priorities, and develop funding mechanisms for dispatch and telecommunications
1344	1344		660
1345		-	~~(c) aid in enforcement efforts to combat drug trafficking~~;
	1345	+	operations;
1346	1346		661
1347		-	(d) ~~meet with~~ the ~~Division of Technology Services to formulate contracts,~~ ~~establish~~
	1347	+	(e) provide assistance to the State Commission on Criminal and Juvenile Justice and the
1348	1348		662
1349		-	~~priorities, and develop funding mechanisms~~ for ~~dispatch and telecommunications~~
	1349	+	Utah Office for Victims of Crime in conducting research or monitoring victims'
1350	1350		663
1351		-	~~operations~~;
	1351	+	programs, as required by Section 63M-7-507;
1352	1352		664
1353		-	(e) ~~provide assistance to~~ the ~~State Commission on Criminal and Juvenile Justice and the~~
	1353	+	(f) develop sexual assault exam protocol standards in conjunction with the Utah Hospital
1354	1354		665
1355		-	~~Utah Office for Victims of Crime in conducting research or monitoring victims'~~
	1355	+	Association;
1356	1356		666
1357		-	~~programs~~, ~~as required by Section 63M-7-507;~~
	1357	+	(g) engage in emergency planning activities, including preparation of policy and
1358	1358		667
1359		-	~~(f) develop sexual assault exam protocol standards in conjunction with~~ the ~~Utah Hospital~~
	1359	+	procedure and rulemaking necessary for implementation of the federal Emergency
1360	1360		668
1361		-	~~Association;~~
	1361	+	Planning and Community Right to Know Act of 1986, as required by Section
1362	1362		669
1363		-	~~(g) engage in emergency planning activities, including preparation of policy and~~
	1363	+	53-2a-702;
1364	1364		670
1365		-	~~procedure and rulemaking necessary for implementation~~ of the ~~federal Emergency~~
	1365	+	(h) implement the provisions of Section 53-2a-402, the Emergency Management
1366	1366		671
1367		-	~~Planning and Community Right to Know Act of 1986, as required by Section~~
	1367	+	Assistance Compact;
1368	1368		672
1369		-	~~53-2a-702;~~
	1369	+	(i) ensure that any training or certification required of a public official, as defined in
1370	1370		673
1371		-	~~(h) implement the provisions of~~ Section 53-~~2a-402~~, ~~the Emergency Management~~
	1371	+	Section 53-1-102, or a public employee, as [those terms are ]defined in Section
1372	1372		674
1373		-	~~Assistance Compact;~~
1374		-	- 20 - ~~03-05 19~~:19 ~~2nd~~ Sub. (~~Salmon~~) S.B. 291
	1373	+	63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification
	1374	+	- 20 - 02-24 07:31 1st Sub. (Green) S.B. 291
1375	1375		675
1376		-	~~(i) ensure that any~~ training or certification required ~~of a public official, as defined in~~
	1376	+	Requirements, if the training or certification is required:
1377	1377		676
1378		-	~~Section 53-1-102, or a public employee, as [those terms are ]defined in Section~~
	1378	+	(i) under this title;
1379	1379		677
1380		-	~~63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification~~
	1380	+	(ii) by the department; or
1381	1381		678
1382		-	~~Requirements, if~~ the ~~training or certification is required:~~
	1382	+	(iii) by an agency or division within the department;
1383	1383		679
1384		-	(i) ~~under this title;~~
	1384	+	(j) employ a law enforcement officer as a public safety liaison to be housed at the State
1385	1385		680
1386		-	~~(ii) by~~ the ~~department; or~~
	1386	+	Board of Education who shall work with the State Board of Education to:
1387	1387		681
1388		-	(~~iii~~) ~~by an agency or division within the department;~~
	1388	+	(i) support training with relevant state agencies for school resource officers as
1389	1389		682
1390		-	~~(j) employ a law enforcement officer as a public safety liaison to be housed at the State~~
	1390	+	described in Section 53G-8-702;
1391	1391		683
1392		-	~~Board~~ of ~~Education who shall work with the State Board~~ of ~~Education to:~~
	1392	+	(ii) coordinate the creation of model policies and memorandums of understanding for
1393	1393		684
1394		-	~~(i) support training with relevant state agencies for school resource officers as~~
	1394	+	a local education agency and a local law enforcement agency; and
1395	1395		685
1396		-	~~described in Section 53G-8-702;~~
	1396	+	(iii) ensure cooperation between relevant state agencies, a local education agency,
1397	1397		686
1398		-	~~(ii) coordinate the creation of model policies~~ and ~~memorandums of understanding for~~
	1398	+	and a local law enforcement agency to foster compliance with disciplinary related
1399	1399		687
1400		-	~~a local education agency~~ and ~~a local law enforcement agency~~; ~~and~~
	1400	+	statutory provisions, including Sections 53E-3-516 and 53G-8-211;
1401	1401		688
1402		-	(~~iii~~) ~~ensure cooperation between relevant state agencies~~, ~~a local education agency,~~
	1402	+	(k) provide for the security and protection of public officials, public officials' staff, and
1403	1403		689
1404		-	~~and a local law enforcement agency to foster compliance~~ with ~~disciplinary related~~
	1404	+	the capitol hill complex in accordance with the provisions of this part;
1405	1405		690
1406		-	~~statutory provisions,~~ ~~including~~ Sections ~~53E-3-516~~ and ~~53G-8-211;~~
	1406	+	(l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
1407	1407		691
1408		-	~~(k) provide for the security~~ and ~~protection of public officials, public officials' staff, and~~
	1408	+	assessments; and
1409	1409		692
1410		-	the ~~capitol hill complex~~ in ~~accordance with the provisions of this part;~~
	1410	+	(m) fulfill the duties described in Section 63L-13-201 related to restricted foreign
1411	1411		693
1412		-	~~(l) fulfill the duties described in Sections 77-36-2~~.~~1 and 78B-7-120 related to lethality~~
	1412	+	entities.
1413	1413		694
1414		-	~~assessments; and~~
	1414	+	(2)(a) The department shall establish a schedule of fees as required or allowed in this
1415	1415		695
1416		-	~~(m) fulfill~~ the ~~duties described in Section 63L-13-201 related to restricted foreign~~
	1416	+	title for services provided by the department.
1417	1417		696
1418		-	~~entities.~~
	1418	+	(b) All fees not established in statute shall be established in accordance with Section
1419	1419		697
1420		-	~~(2)(a) The department shall establish a schedule of fees as required or allowed in this~~
	1420	+	63J-1-504.
1421	1421		698
1422		-	~~title for services provided by~~ the department.
	1422	+	(3) The department may establish or contract for the establishment of an Organ
1423	1423		699
1424		-	~~(b) All fees not established in statute shall be established~~ in accordance with Section
	1424	+	Procurement Donor Registry in accordance with Section 26B-8-319.
1425	1425		700
1426		-	~~63J-1-504.~~
	1426	+	Section 7. Section 63G-23-102 is amended to read:
1427	1427		701
1428		-	~~(3) The department may establish or contract for the establishment of an Organ~~
	1428	+	63G-23-102 . Definitions.
1429	1429		702
1430		-	~~Procurement Donor Registry~~ in ~~accordance with Section 26B-8-319.~~
	1430	+	As used in this chapter:
1431	1431		703
1432		-	~~Section 7.~~ ~~Section 63G-23-102~~ is ~~amended to read:~~
	1432	+	(1) "Public official" means, except as provided in Subsection (3), the same as that term is
1433	1433		704
1434		-	~~63G-23~~-102 . ~~Definitions.~~
	1434	+	defined in Section [36-11-102] 53-1-102.
1435	1435		705
1436		-	~~As used in this chapter~~:
	1436	+	(2) "Public official" includes a judge or justice of:
1437	1437		706
1438		-	(1) ~~"Public official" means, except as provided in Subsection (3),~~ the ~~same as that term is~~
	1438	+	(a) the Utah Supreme Court;
1439	1439		707
1440		-	~~defined in Section [36-11-102] 53-1-102.~~
	1440	+	(b) the Utah Court of Appeals;
1441	1441		708
1442		-	(2) ~~"Public official" includes~~ a ~~judge or justice of:~~
1443		-	- 21 - ~~2nd~~ Sub. (~~Salmon~~) S.B. 291 ~~03-05 19~~:19
	1442	+	(c) a district court;
	1443	+	- 21 - 1st Sub. (Green) S.B. 291 02-24 07:31
1444	1444		709
1445		-	(a) ~~the Utah Supreme~~ Court;
	1445	+	(d) a juvenile court; or
1446	1446		710
1447		-	(b) the ~~Utah~~ Court ~~of Appeals;~~
	1447	+	(e) the Business and Chancery Court.
1448	1448		711
1449		-	(c) a ~~district court;~~
	1449	+	(3) "Public official" does not include a local official or an education official as defined in
1450	1450		712
1451		-	~~(d) a juvenile court; or~~
	1451	+	Section 36-11-102.
1452	1452		713
1453		-	~~(e) the Business and Chancery Court.~~
	1453	+	Section 8. Section 67-24-103 is amended to read:
1454	1454		714
1455		-	~~(3) "Public~~ ~~official" does not include a local official or an education official as defined in~~
	1455	+	67-24-103 . Qualified prohibitions on lobbyists -- Time limit -- Exceptions.
1456	1456		715
1457		-	~~Section 36-11-102.~~
	1457	+	(1) Except as provided in Subsection (2), a former state official [serving on or after May 12,
1458	1458		716
1459		-	~~Section 8.~~ ~~Section 67-24-103 is amended to read:~~
	1459	+	2009, ]may not become a lobbyist or engage in lobbying that would require registration
1460	1460		717
1461		-	~~67-24-103 . Qualified prohibitions on lobbyists --~~ ~~Time limit --~~ ~~Exceptions.~~
	1461	+	as a lobbyist under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act, for
1462	1462		718
1463		-	~~(1) Except as provided in Subsection (2)~~, ~~a former~~ state official ~~[serving~~ on ~~or after May 12,~~
	1463	+	one calendar year, beginning on the day the state official leaves office and ending on the
1464	1464		719
1465		-	~~2009, ]may~~ ~~not become a lobbyist or engage in lobbying~~ that ~~would require registration~~
	1465	+	one-year anniversary of that day.
1466	1466		720
1467		-	~~as a lobbyist under Title 36,~~ ~~Chapter 11,~~ ~~Lobbyist Disclosure and Regulation Act, for~~
	1467	+	(2) This section does not apply if the former state official[ ] :
1468	1468		721
1469		-	~~one calendar year,~~ ~~beginning~~ on ~~the day the state official leaves office and ending on the~~
	1469	+	(a) engages in lobbying on behalf of:
1470	1470		722
1471		-	~~one-year anniversary of that day.~~
	1471	+	[(a)] (i) [himself] the former state official; or
1472	1472		723
1473		-	(2) ~~This section does not apply if~~ the former state official~~[ ] :~~
	1473	+	[(b)] (ii) a business with which [he ] the former state official is associated, unless the
1474	1474		724
1475		-	~~(a) engages in~~ lobbying ~~on behalf of:~~
	1475	+	primary activity of the business is lobbying or governmental relations[.] ; or
1476	1476		725
1477		-	[(~~a)] (i~~) ~~[himself]~~ the former state official~~; or~~
	1477	+	(b) lobbies only outside the branch of government where the former state official served.
1478	1478		726
1479		-	~~[(b)] (ii) a business with which [he ] the former state official is associated, unless the~~
	1479	+	Section 9. Effective Date.
1480	1480		727
1481		-	primary activity of the business is lobbying or governmental relations[.] ; or
1482		-	728
1483		-	(b) lobbies only outside the branch of government where the former state official served.
1484		-	729
1485		-	Section 9. Effective Date.
1486		-	730
1487	1481		This bill takes effect on May 7, 2025.
1488	1482		- 22 -