03-05 13:42 1st Sub. (Green) S.B. 291
Brady Brammer proposes the following substitute bill:
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Lobbying Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor: Jordan D. Teuscher
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LONG TITLE
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General Description:
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This bill amends and enacts provisions relating to lobbying.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ modifies and clarifies the definitions of lobbyist, lobbying, and a principal;
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▸ modifies the limits for certain expenditures;
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▸ prohibits consideration, a reward, or an incentive for lobbying that is contingent on
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certain government action and provides criminal and civil penalties for violation of the
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prohibition;
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▸ replaces the offense of employing or soliciting a person to lobby for contingent
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compensation with the offense described in the preceding paragraph;
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▸ creates an exception to the definition of "expenditure" in relation to certain sporting Ĥ→ or
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recreational ←Ĥ
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events, performances, or exhibitions of a state institution of higher education or a
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private, nonprofit institution of higher education;
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▸ amends provisions relating to lobbying by a former state official; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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36-11-102, as last amended by Laws of Utah 2024, Chapters 425, 438
1st Sub. S.B. 291 1st Sub. (Green) S.B. 291 03-05 13:42
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36-11-201, as last amended by Laws of Utah 2023, Chapter 16
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36-11-304, as last amended by Laws of Utah 2023, Chapter 16
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53-1-102, as last amended by Laws of Utah 2024, Chapter 425
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53-1-106, as last amended by Laws of Utah 2024, Chapter 506
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63G-23-102, as last amended by Laws of Utah 2024, Chapter 158
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67-24-103, as enacted by Laws of Utah 2009, Chapter 360
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REPEALS AND REENACTS:
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36-11-301, as enacted by Laws of Utah 1991, Chapter 280
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 36-11-102 is amended to read:
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36-11-102 . Definitions.
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As used in this chapter:
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(1) "Aggregate daily expenditures" means:
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(a) for a single lobbyist, principal, or government officer, the total of all expenditures
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made within a calendar day by the lobbyist, principal, or government officer for the
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benefit of an individual public official;
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(b) for an expenditure made by a member of a lobbyist group, the total of all
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expenditures made within a calendar day by every member of the lobbyist group for
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the benefit of an individual public official; or
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(c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
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lobbyist within a calendar day for the benefit of an individual public official,
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regardless of whether the expenditures were attributed to different clients.
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(2) "Approved activity" means an event, a tour, or a meeting:
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(a)(i) to which a legislator or another nonexecutive branch public official is invited;
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and
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(ii) attendance at which is approved by:
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(A) the speaker of the House of Representatives, if the public official is a member
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of the House of Representatives or another nonexecutive branch public official;
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or
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(B) the president of the Senate, if the public official is a member of the Senate or
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another nonexecutive branch public official; or
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(b)(i) to which a public official who holds a position in the executive branch of state
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government is invited; and
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(ii) attendance at which is approved by the governor or the lieutenant governor.
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(3) "Board of education" means:
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(a) a local school board described in Title 53G, Chapter 4, School Districts;
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(b) the State Board of Education;
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(c) the State Charter School Board created under Section 53G-5-201; or
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(d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools.
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(4) "Capitol hill complex" means capitol hill, as defined in Section 63O-1-101.
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(5)(a) "Compensation" means anything of economic value, however designated, that is
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paid, loaned, granted, given, donated, or transferred to an individual for the provision
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of services or ownership before any withholding required by federal or state law.
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(b) "Compensation" includes:
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(i) a salary or commission;
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(ii) a bonus;
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(iii) a benefit;
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(iv) a contribution to a retirement program or account;
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(v) a payment includable in gross income, as defined in Section 62, Internal Revenue
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Code, and subject to social security deductions, including a payment in excess of
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the maximum amount subject to deduction under social security law;
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(vi) an amount that the individual authorizes to be deducted or reduced for salary
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deferral or other benefits authorized by federal law; or
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(vii) income based on an individual's ownership interest.
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(6) "Compensation payor" means a person who pays compensation to a public official in
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the ordinary course of business:
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(a) because of the public official's ownership interest in the compensation payor; or
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(b) for services rendered by the public official on behalf of the compensation payor.
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(7) "Education action" means:
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(a) the passage or defeat of a resolution, policy, amendment, or other official action for
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consideration by a board of education;
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(b) a nomination or appointment by an education official or a board of education;
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(c) the passage or defeat of a vote on an administrative action taken by a vote of a board
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of education; or
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[(d) an adjudicative proceeding over which an education official has direct or indirect
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control;]
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[(e) a purchasing or contracting decision;]
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[(f) drafting or making a policy, resolution, or rule;]
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[(g)] (d) determining a rate or fee[; or] .
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[(h) making an adjudicative decision.]
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(8) "Education official" means:
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(a) a member of a board of education; or
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(b) an individual appointed to or employed in a position under a board of education, if
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that individual:
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(i) occupies a policymaking position[ or makes purchasing or contracting decisions];
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[(ii) drafts resolutions or policies or drafts or makes rules;]
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[(iii)] (ii) determines rates or fees; or
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[(iv)] (iii) makes decisions relating to an education budget or the expenditure of
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public money[; or] .
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[(v) makes adjudicative decisions; or]
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[(c) an immediate family member of an individual described in Subsection (8)(a) or (b).]
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(9) "Event" means entertainment, a performance, a contest, or a recreational activity that an
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individual participates in or is a spectator at, including a sporting event, an artistic event,
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a play, a movie, dancing, or singing.
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(10) "Executive action" means:
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(a) a nomination or appointment by the governor;
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(b) the action of the governor in approving or vetoing legislation;
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[(b)] (c) the [proposal, drafting, amendment, enactment,] passage or defeat by a state
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agency of a rule, or an amendment to a rule, made in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act; or
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[(c)] (d) agency ratemaking proceedings[; or] .
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[(d) an adjudicative proceeding of a state agency.]
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(11) "Executive official" means:
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(a) an individual elected to an executive office or appointed to fill a vacancy in an
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executive office; or
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(b) an individual appointed to or employed in a position in the executive branch of state
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government, if that individual:
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(i) occupies a policymaking position; or
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(ii) determines rates or fees.
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[(11)] (12)(a) "Expenditure" means any of the items listed in this Subsection [(11)(a)]
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(12)(a) when given to or for the benefit of a public official unless consideration of
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equal or greater value is received:
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(i) a purchase, payment, or distribution;
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(ii) a loan, gift, or advance;
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(iii) a deposit, subscription, or forbearance;
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(iv) services or goods;
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(v) money;
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(vi) real property;
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(vii) a ticket or admission to an event; or
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(viii) a contract, promise, or agreement, whether or not legally enforceable, to
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provide any item listed in Subsections [(11)(a)(i) through (vii)] (12)(a)(i) through
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(vii).
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(b) "Expenditure" does not [mean] include:
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(i) a commercially reasonable loan made in the ordinary course of business;
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(ii) a campaign contribution:
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(A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
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Reporting Requirements, Section 10-3-208, Section 17-16-6.5, or any
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applicable ordinance adopted under Subsection 10-3-208(6) or 17-16-6.5(1); or
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(B) lawfully given to a person that is not required to report the contribution under
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a law or ordinance described in Subsection [(11)(b)(ii)(A)] (12)(b)(ii)(A);
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(iii) printed informational material that is related to the performance of the recipient's
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official duties;
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(iv) a devise or inheritance;
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(v) any item listed in Subsection [(11)(a)] (12)(a) if:
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(A) given by a relative;
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(B) given by a compensation payor for a purpose solely unrelated to the public
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official's position as a public official;
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(C) the item is food or beverage with a value that does not exceed the food
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reimbursement rate, and the aggregate daily expenditures for food and
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beverage do not exceed the food reimbursement rate; or
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(D) the item is not food or beverage, has a value of less than [$10] $25, and the
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aggregate daily expenditures do not exceed [$10] $25;
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(vi) food or beverage that is provided at an event, a tour, or a meeting to which the
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following are invited:
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(A) all members of the Legislature;
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(B) all members of a standing or interim committee;
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(C) all members of an official legislative task force;
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(D) all members of a party caucus; or
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(E) all members of a group described in Subsections [(11)(b)(vi)(A) through (D)]
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(12)(b)(vi)(A) through (D) who are attending a meeting of a national
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organization whose primary purpose is addressing general legislative policy;
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(vii) food or beverage that is provided at an event, a tour, or a meeting to a public
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official who is:
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(A) giving a speech at the event, tour, or meeting;
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(B) participating in a panel discussion at the event, tour, or meeting; or
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(C) presenting or receiving an award at the event, tour, or meeting;
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(viii) a plaque, commendation, or award that:
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(A) is presented in public; and
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(B) has the name of the individual receiving the plaque, commendation, or award
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inscribed, etched, printed, or otherwise permanently marked on the plaque,
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commendation, or award;
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(ix) a gift that:
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(A) is an item that is not consumable and not perishable;
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(B) a public official, other than a local official or an education official, accepts on
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behalf of the state;
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(C) the public official promptly remits to the state;
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(D) a property administrator does not reject under Section 63G-23-103;
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(E) does not constitute a direct benefit to the public official before or after the
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public official remits the gift to the state; and
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(F) after being remitted to the state, is not transferred, divided, distributed, or used
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to distribute a gift or benefit to one or more public officials in a manner that
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would otherwise qualify the gift as an expenditure if the gift were given
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directly to a public official;
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(x) any of the following with a cash value not exceeding [$30] $50:
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(A) a publication; or
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(B) a commemorative item;
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(xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose
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of which is:
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(A) to solicit a contribution that is reportable under Title 20A, Chapter 11,
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Campaign and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section
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10-3-208, Section 17-16-6.5, or an applicable ordinance adopted under
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Subsection 10-3-208(6) or 17-16-6.5(1);
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(B) to solicit a campaign contribution that a person is not required to report under
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a law or ordinance described in Subsection [(11)(b)(xi)(A)] (12)(b)(xi)(A); or
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(C) charitable solicitation, as defined in Section 13-22-2;
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(xii) travel to, lodging at, food or beverage served at, and admission to an approved
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activity;
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(xiii) sponsorship of an approved activity;
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(xiv) notwithstanding Subsection [(11)(a)(vii)] (12)(a)(vii), admission to, attendance
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at, or travel to or from an event, a tour, or a meeting:
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(A) that is sponsored by a governmental entity;
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(B) that is widely attended and related to a governmental duty of a public official;
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(C) for a local official, that is sponsored by an organization that represents only
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local governments, including the Utah Association of Counties, the Utah
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League of Cities and Towns, or the Utah Association of Special Districts; or
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(D) for an education official, that is sponsored by a public school, a charter
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school, or an organization that represents only public schools or charter
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schools, including the Utah Association of Public Charter Schools, the Utah
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School Boards Association, or the Utah School Superintendents Association;[
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or]
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(xv) travel to a widely attended tour or meeting related to a governmental duty of a
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public official if that travel results in a financial savings to:
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(A) for a public official who is not a local official or an education official, the
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state; or
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(B) for a public official who is a local official or an education official, the local
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government or board of education to which the public official belongs[.] ;
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(xvi) notwithstanding Subsection (12)(a)(vii), admission to, attendance at, or travel to
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or from a sporting Ĥ→ or recreational ←Ĥ event provided by an institution of
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higher education described
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in Subsection 53B-2-101(1), or by a private, nonprofit institution of higher
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education in the state, if:
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(A) the institution of higher education is competing in the sporting Ĥ→ or
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recreational ←Ĥ event; Ĥ→ [and] or ←Ĥ
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(B) the purpose of the public official attending the event is to build a relationship
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between the institution of higher education and the public official; or
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(xvii) notwithstanding Subsection (12)(a)(vii), admission to, attendance at, or travel
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to or from a theatrical, musical, dancing, or other artistic performance, an art
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exhibition, or another artistic event provided by an institution of higher education
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described in Subsection 53B-2-101(1), or by a private, nonprofit institution of
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higher education in the state, if:
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(A) the institution is participating in the event; Ĥ→ [and] or ←Ĥ
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(B) the purpose of the public official attending the event is to build a relationship
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between the institution of higher education and the public official.
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[(12)] (13) "Food reimbursement rate" means the total amount set by the director of the
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Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement,
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for an employee of the executive branch, for an entire day.
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[(13)] (14)(a) "Foreign agent" means an individual who engages in lobbying under
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contract with a foreign government.
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(b) "Foreign agent" does not include an individual who is recognized by the United
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States Department of State as a duly accredited diplomatic or consular officer of a
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foreign government, including a duly accredited honorary consul.
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[(14)] (15) "Foreign government" means a government other than the government of:
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(a) the United States;
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(b) a state within the United States;
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(c) a territory or possession of the United States; or
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(d) a political subdivision of the United States.
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(16) "Government action" means:
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(a) an education action;
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(b) an executive action;
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(c) a legislative action; or
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(d) a local action.
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[(15)] (17)(a) "Government officer" means:
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(i) an individual elected to a position in state or local government, when acting in the
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capacity of the state or local government position;
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(ii) an individual elected to a board of education, when acting in the capacity of a
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member of a board of education;
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(iii) an individual appointed to fill a vacancy in a position described in Subsection [
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(15)(a)(i) or (ii)] (17)(a)(i) or (ii), when acting in the capacity of the position; or
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(iv) an individual appointed to or employed in a full-time position by state
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government, local government, or a board of education, when acting in the
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capacity of the individual's appointment or employment.
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(b) "Government officer" does not mean a member of the legislative branch of state
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government.
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[(16)] (18) "Immediate family" means:
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(a) a spouse;
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(b) a child residing in the household; or
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(c) an individual claimed as a dependent for tax purposes.
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[(17)] (19) "Legislative action" means[:]
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[(a)] the passage or defeat of a bill, resolution, amendment, nomination, veto override,
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appropriation, or other matter pending or proposed in either house of the Legislature
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or [its] the Legislature's committees, or requested by a legislator[; and] .
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[(b) the action of the governor in approving or vetoing legislation.]
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(20) "Legislative official" means a member, or a member-elect, of the Senate or the House
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of Representatives.
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[(18)] (21) "Lobbying" means communicating with a public official for the purpose of
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influencing [a legislative action, executive action, local action, or education] government
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action.
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[(19)] (22)(a) "Lobbyist" means[:] an individual who accepts or agrees to accept
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employment, payment, a reward, an incentive, something of value, or other
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consideration in exchange for lobbying.
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[(i) an individual who is employed by a principal; or]
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[(ii) an individual who contracts for economic consideration, other than
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reimbursement for reasonable travel expenses, with a principal to lobby a public
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official.]
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(b) "Lobbyist" includes an individual who engages in lobbying on behalf of an entity,
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other than a publicly-traded entity, in which the individual obtained a non-controlling
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ownership interest within the immediately preceding 18 months.
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[(b)] (c) "Lobbyist" does not include:
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(i) a government officer;
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(ii) a member or employee of the legislative branch of state government;
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(iii) an individual who, in exchange for lobbying, accepts or agrees to accept only
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reimbursement for reasonable travel expenses;
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[(iii)] (iv) a person, including a principal, while appearing at, or providing written
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comments to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, or Title 63G, Chapter 4, Administrative
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Procedures Act;
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[(iv)] (v) a person participating on or appearing before an advisory or study task force,
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commission, board, or committee, constituted by the Legislature, a local
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government, a board of education, or any agency or department of state
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government, except legislative standing, appropriation, or interim committees;
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[(v)] (vi) a representative of a political party;
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[(vi)] (vii) an individual representing a bona fide church solely for the purpose of
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protecting the right to practice the religious doctrines of the church, unless the
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individual or church makes an expenditure that confers a benefit on a public
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official;
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[(vii)] (viii) a newspaper, television station or network, radio station or network,
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periodical of general circulation, or book publisher for the purpose of publishing
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news items, editorials, other comments, or paid advertisements that directly or
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indirectly urge [legislative action, executive action, local action, or education]
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government action;
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[(viii)] (ix) an individual who appears on the individual's own behalf before a
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committee of the Legislature, an agency of the executive branch of state
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government, a board of education, the governing body of a local government, a
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committee of a local government, or a committee of a board of education, solely
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for the purpose of testifying in support of or in opposition to [legislative action,
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executive action, local action, or education] government action; or
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[(ix)] (x) an individual representing a business, entity, or industry, who:
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(A) interacts with a public official, in the public official's capacity as a public
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official, while accompanied by a registered lobbyist who is lobbying in relation
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to the subject of the interaction or while presenting at a legislative committee
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meeting at the same time that the registered lobbyist is attending another
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legislative committee meeting; and
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(B) does not make an expenditure for, or on behalf of, a public official in relation
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to the interaction or during the period of interaction.
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[(20)] (23) "Lobbyist group" means two or more lobbyists, principals, government officers,
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or any combination of lobbyists, principals, and government officers, who each
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contribute a portion of an expenditure made to benefit a public official or member of the
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public official's immediate family.
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[(21)] (24) "Local action" means:
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(a) an ordinance or resolution for consideration by a local government;
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(b) a nomination or appointment by a local official or a local government;
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(c) a vote on an administrative action taken by a vote of a local government's legislative
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body; or
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[(d) an adjudicative proceeding over which a local official has direct or indirect control;]
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[(e) a purchasing or contracting decision;]
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[(f) drafting or making a policy, resolution, or rule;]
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[(g)] (d) determining a rate or fee[; or] .
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[(h) making an adjudicative decision.]
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[(22)] (25) "Local government" means:
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(a) a county, city, or town;
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(b) a special district governed by Title 17B, Limited Purpose Local Government Entities
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- Special Districts;
349
(c) a special service district governed by Title 17D, Chapter 1, Special Service District
350
Act;
351
(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
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Government Entities - Community Reinvestment Agency Act;
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(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
354
(f) a redevelopment agency; or
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(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
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13, Interlocal Cooperation Act.
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[(23)] (26) "Local official" means:
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(a) an [elected member of a local government] individual elected to a local government
359
office or appointed to fill a vacancy in a local government office; or
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(b) an individual appointed to or employed in a position in a local government if that
361
individual:
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(i) occupies a policymaking position[ or makes purchasing or contracting decisions];
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or
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[(ii) drafts ordinances or resolutions or drafts or makes rules;]
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[(iii)] (ii) determines rates or fees[; or] .
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[(iv) makes adjudicative decisions; or]
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[(c) an immediate family member of an individual described in Subsection (23)(a) or (b).]
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[(24)] (27) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
369
make a decision, including a conference, seminar, or summit.
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[(25)] (28) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
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who represents two or more clients and divides the aggregate daily expenditure made to
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benefit a public official or member of the public official's immediate family between
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two or more of those clients.
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[(26)] (29) "Principal" means a person that [employs an individual to perform lobbying,
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either as an employee or as an independent contractor] pays or provides, or agrees or
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promises to pay or provide, employment, a reward, an incentive, something of value, or
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other consideration to a person to engage in lobbying.
378
[(27)] (30) "Public official" means:
379
(a) an education official;
380
(b) an executive official;
381
(c) a legislative official;
382
(d) a local official; or
383
(e) an immediate family member of an official or individual described in Subsections
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(30)(a) through (d).
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[(a)(i) a member of the Legislature;]
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[(ii) an individual elected to a position in the executive branch of state government; or]
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[(iii) an individual appointed to or employed in a position in the executive or
388
legislative branch of state government if that individual:]
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[(A) occupies a policymaking position or makes purchasing or contracting
390
decisions;]
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[(B) drafts legislation or makes rules;]
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[(C) determines rates or fees; or]
393
[(D) makes adjudicative decisions;]
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[(b) an immediate family member of a person described in Subsection (27)(a);]
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[(c) a local official; or]
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[(d) an education official.]
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[(28)] (31) "Public official type" means a notation to identify whether a public official is:
398
(a)(i) a member of the Legislature;
399
(ii) an individual elected to a position in the executive branch of state government;
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(iii) an individual appointed to or employed in a position in the legislative branch of
401
state government who meets the definition of [public ] legislative official[ under
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Subsection (27)(a)(iii)];
403
(iv) an individual appointed to or employed in a position in the executive branch of
404
state government who meets the definition of [public] executive official[ under
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Subsection (27)(a)(iii)];
406
(v) a local official, including a description of the type of local government for which
407
the individual is a local official; or
408
(vi) an education official, including a description of the type of board of education for
409
which the individual is an education official; or
410
(b) an immediate family member of an individual described in [Subsection (27)(a), (c),
411
or (d)] Subsections (30)(a) through (d).
412
[(29)] (32) "Quarterly reporting period" means the three-month period covered by each
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financial report required under Subsection 36-11-201(2)(a).
414
[(30)] (33) "Related person" means a person, agent, or employee who [knowingly and
415
intentionally ]assists a lobbyist, principal, or government officer in lobbying.
416
[(31)] (34) "Relative" means:
417
(a) a spouse;
418
(b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law,
419
sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
420
(c) a spouse of an individual described in Subsection [(31)(b)] (34)(b).
421
[(32)] (35) "Tour" means visiting a location, for a purpose relating to the duties of a public
422
official, and not primarily for entertainment, including:
423
(a) viewing a facility;
424
(b) viewing the sight of a natural disaster; or
425
(c) assessing a circumstance in relation to which a public official may need to take
426
action within the scope of the public official's duties.
427
Section 2. Section 36-11-201 is amended to read:
428
36-11-201 . Lobbyist, principal, and government officer financial reporting
429
requirements -- Prohibition for related person to make expenditures.
430
(1)(a)(i) Except as provided in Subsection (1)(a)(ii), a lobbyist shall file financial
431
reports with the lieutenant governor on or before the due dates specified in
432
Subsection (2).
433
(ii) A lobbyist who has not made an expenditure during a quarterly reporting period
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434
is not required to file a quarterly financial report for that quarterly reporting period.
435
(iii) A lobbyist who is not required to file any quarterly reports under this section for
436
a calendar year shall, on or before January 10 of the following year, file a financial
437
report listing the amount of the expenditures for the entire preceding year as
438
"none."
439
(b) Except as provided in Subsection (1)(c), a government officer or principal that makes
440
an expenditure during any of the quarterly reporting periods under Subsection (2)(a)
441
shall file a financial report with the lieutenant governor on or before the date that a
442
report for that quarter is due.
443
(c)(i) As used in this Subsection (1)(c), "same local government type" means:
444
(A) for a county government, the same county government or another county
445
government;
446
(B) for a municipal government, the same municipal government or another
447
municipal government;
448
(C) for a board of education, the same board of education;
449
(D) for a local school board described in Title 53G, Chapter 4, School Districts,
450
the same local school board or another local school board;
451
(E) for a special district, the same special district or another special district or a
452
special service district;
453
(F) for a special service district, the same special service district or another special
454
service district or a special district; or
455
(G) for a participant in an interlocal agreement, another participant in the same
456
interlocal agreement.
457
(ii) A local official or an education official is not required, under this section, to
458
report an expenditure made by the local official or education official to another
459
local official or education official of the same local government type as the local
460
official or education official making the expenditure.
461
(2)(a) A financial report is due quarterly on the following dates:
462
(i) April 10, for the period of January 1 through March 31;
463
(ii) July 10, for the period of April 1 through June 30;
464
(iii) October 10, for the period of July 1 through September 30; and
465
(iv) January 10, for the period of October 1 through December 31 of the previous
466
year.
467
(b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday, the
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468
report is due on the next succeeding business day.
469
(c) A financial report is timely filed if it is filed electronically before the close of regular
470
office hours on or before the due date.
471
(3) A financial report shall contain:
472
(a) the total amount of expenditures made to benefit any public official during the
473
quarterly reporting period;
474
(b) the total amount of expenditures made, by the type of public official, during the
475
quarterly reporting period;
476
(c) for the financial report due on January 10:
477
(i) the total amount of expenditures made to benefit any public official during the last
478
calendar year; and
479
(ii) the total amount of expenditures made, by the type of public official, during the
480
last calendar year;
481
(d) a disclosure of each expenditure made during the quarterly reporting period to
482
reimburse or pay for travel or lodging for a public official, including:
483
(i) each travel destination and each lodging location;
484
(ii) the name of each public official who benefitted from the expenditure on travel or
485
lodging;
486
(iii) the public official type of each public official named;
487
(iv) for each public official named, a listing of the amount and purpose of each
488
expenditure made for travel or lodging; and
489
(v) the total amount of expenditures listed under Subsection (3)(d)(iv);
490
(e) a disclosure of aggregate daily expenditures greater than [$10] $25 made during the
491
quarterly reporting period including:
492
(i) the date and purpose of the expenditure;
493
(ii) the location of the expenditure;
494
(iii) the name of any public official benefitted by the expenditure;
495
(iv) the type of the public official benefitted by the expenditure; and
496
(v) the total monetary worth of the benefit that the expenditure conferred on any
497
public official;
498
(f) for each public official who was employed by the lobbyist, principal, or government
499
officer, a list that provides:
500
(i) the name of the public official; and
501
(ii) the nature of the employment with the public official;
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502
(g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
503
principal, or government officer made an expenditure to a public official;
504
(h) a description of each [executive] government action on behalf of which the lobbyist,
505
principal, or government officer made an expenditure to a public official;
506
(i) a description of each [local action or education] government action regarding which
507
the lobbyist, principal, or government officer made an expenditure to a local official
508
or education official;
509
(j) the general purposes, interests, and nature of the entities that the lobbyist, principal,
510
or government officer filing the report represents; and
511
(k) for a lobbyist, a certification that the information provided in the report is true,
512
accurate, and complete to the lobbyist's best knowledge and belief.
513
(4) A related person may not, while assisting a lobbyist, principal, or government officer in
514
lobbying, make an expenditure that benefits a public official under circumstances that
515
would otherwise fall within the disclosure requirements of this chapter if the expenditure
516
was made by the lobbyist, principal, or government officer.
517
(5) The lieutenant governor shall:
518
(a)(i) develop a preprinted form for a financial report required by this section; and
519
(ii) make copies of the form available to a lobbyist, principal, or government officer
520
who requests a form; and
521
(b) provide a reporting system that allows a lobbyist, principal, or government officer to
522
submit a financial report required by this chapter via the Internet.
523
(6)(a) A lobbyist and a principal shall continue to file a financial report required by this
524
section until the lobbyist or principal files a statement with the lieutenant governor
525
that:
526
(i)(A) for a lobbyist, states that the lobbyist has ceased lobbying activities; or
527
(B) for a principal, states that the principal no longer employs an individual as a
528
lobbyist;
529
(ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
530
license;
531
(iii) contains a listing, as required by this section, of all previously unreported
532
expenditures that have been made through the date of the statement; and
533
(iv) states that the lobbyist or principal will not make any additional expenditure that
534
is not disclosed on the statement unless the lobbyist or principal complies with the
535
disclosure and licensing requirements of this chapter.
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536
(b) Except as provided in Subsection (1)(a)(ii), a lobbyist or principal that is required to
537
file a financial report under this section is required to file the report quarterly until the
538
lobbyist or principal files the statement required by Subsection (6)(a).
539
Section 3. Section 36-11-301 is repealed and reenacted to read:
540
36-11-301 . Contingent consideration, reward, or incentive prohibited.
541
It is unlawful for a lobbyist to solicit, accept, or agree to accept anything of value from a
542
person as consideration for, a reward for, or an incentive for, lobbying, if:
543
(1) the consideration, reward, or incentive is based on whether certain government action
544
occurs or does not occur; or
545
(2) the value of the consideration is calculated based the amount appropriated for a certain
546
program or expenditure made by the entity lobbied.
547
Section 4. Section 36-11-304 is amended to read:
548
36-11-304 . Expenditures over certain amounts prohibited -- Exceptions.
549
(1) Except as provided in Subsection (2) or (3), a lobbyist, principal, or government officer
550
may not make or offer to make aggregate daily expenditures that exceed:
551
(a) for food or beverage, the food reimbursement rate;[ or]
552
(b) [$10] except as provided in Subsection (1)(c), $25 for expenditures other than food or
553
beverage[.] ; or
554
(c) $50 for expenditures for a publication or a commemorative item.
555
(2) A lobbyist, principal, or government officer may make aggregate daily expenditures that
556
exceed the limits described in Subsection (1):
557
(a) for the following items, if the expenditure is reported in accordance with Section
558
36-11-201:
559
(i) food;
560
(ii) beverage;
561
(iii) travel;
562
(iv) lodging; or
563
(v) admission to or attendance at a tour or meeting that is not an approved activity; or
564
(b) if the expenditure is made for a purpose solely unrelated to the public official's
565
position as a public official.
566
(3)(a) As used in this Subsection (3), "same local government type" means:
567
(i) for a county government, the same county government or another county
568
government;
569
(ii) for a municipal government, the same municipal government or another
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570
municipal government;
571
(iii) for a board of education, the same board of education;
572
(iv) for a local school board described in Title 53G, Chapter 4, School Districts, the
573
same local school board or another local school board;
574
(v) for a special district, the same special district or another special district or a
575
special service district;
576
(vi) for a special service district, the same special service district or another special
577
service district or a special district; or
578
(vii) for a participant in an interlocal agreement, another participant in the same
579
interlocal agreement.
580
(b) This section does not apply to an expenditure made by a local official or an
581
education official to another local official or education official of the same local
582
government type as the local official or education official making the expenditure.
583
Section 5. Section 53-1-102 is amended to read:
584
53-1-102 . Definitions.
585
(1) As used in this title:
586
(a) "Capitol hill complex" means capitol hill, as defined in Section 63O-1-101.
587
(b) "Commissioner" means the commissioner of public safety appointed under Section
588
53-1-107.
589
(c) "Department" means the Department of Public Safety created in Section 53-1-103.
590
(d) "Governor-elect" means an individual whom the board of canvassers determines to
591
be the successful candidate for governor after a general election for the office of
592
governor.
593
(e) "Law enforcement agency" means an entity or division of:
594
(i)(A) the federal government, a state, or a political subdivision of a state;
595
(B) a state institution of higher education; or
596
(C) a private institution of higher education, if the entity or division is certified by
597
the commissioner under Title 53, Chapter 19, Certification of Private Law
598
Enforcement Agency; and
599
(ii) that exists primarily to prevent and detect crime and enforce criminal laws,
600
statutes, and ordinances.
601
(f) "Law enforcement officer" means the same as that term is defined in Section
602
53-13-103.
603
(g) "Motor vehicle" means every self-propelled vehicle and every vehicle propelled by
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604
electric power obtained from overhead trolley wires, but not operated upon rails,
605
except motorized wheel chairs and vehicles moved solely by human power.
606
(h) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13,
607
Peace Officer Classifications.
608
(i) "Public official" means[ the same as that term is defined in Section 36-11-102.] :
609
(i) a member of the Legislature;
610
(ii) an individual elected to a position in the executive branch of state government;
611
(iii) an individual appointed to or employed in a position in the executive or
612
legislative branch of state government, if that individual:
613
(A) occupies a policymaking position;
614
(B) makes purchasing or contracting decisions;
615
(C) drafts legislation or makes rules;
616
(D) determines rates or fees; or
617
(E) makes adjudicative decisions;
618
(iv) an elected member of a local government, as defined in Section 36-11-102;
619
(v) an individual appointed to or employed in a position in a local government, as
620
defined in Section 36-11-102, if that individual:
621
(A) occupies a policymaking position;
622
(B) makes purchasing or contracting decisions;
623
(C) drafts ordinances or resolutions, or drafts or makes rules;
624
(D) determines rates or fees; or
625
(E) makes adjudicative decisions;
626
(vi) a member of a board of education, as defined in Section 36-11-102;
627
(vii) an individual appointed to or employed in a position under a board of education,
628
as defined in Section 36-11-102, if that individual:
629
(A) occupies a policymaking position;
630
(B) makes purchasing or contracting decisions;
631
(C) drafts resolutions or policies, or drafts or makes rules;
632
(D) determines rates or fees;
633
(E) makes decisions relating to an education budget or the expenditure of public
634
money; or
635
(F) makes adjudicative decisions; or
636
(viii) an immediate family member of an individual described in Subsections (1)(i)(i)
637
through (vii).
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638
(j) "State institution of higher education" means the same as that term is defined in
639
Section 53B-3-102.
640
(k) "Vehicle" means every device in, upon, or by which any person or property is or may
641
be transported or drawn upon a highway, excepting devices used exclusively upon
642
stationary rails or tracks.
643
(2) The definitions provided in Subsection (1) are to be applied throughout this title in
644
addition to definitions that are applicable to specific chapters or parts.
645
Section 6. Section 53-1-106 is amended to read:
646
53-1-106 . Department duties -- Powers.
647
(1) In addition to the responsibilities contained in this title, the department shall:
648
(a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code,
649
including:
650
(i) setting performance standards for towing companies to be used by the department,
651
as required by Section 41-6a-1406; and
652
(ii) advising the Department of Transportation regarding the safe design and
653
operation of school buses, as required by Section 41-6a-1304;
654
(b) make rules to establish and clarify standards pertaining to the curriculum and
655
teaching methods of a motor vehicle accident prevention course under Section
656
31A-19a-211;
657
(c) aid in enforcement efforts to combat drug trafficking;
658
(d) meet with the Division of Technology Services to formulate contracts, establish
659
priorities, and develop funding mechanisms for dispatch and telecommunications
660
operations;
661
(e) provide assistance to the State Commission on Criminal and Juvenile Justice and the
662
Utah Office for Victims of Crime in conducting research or monitoring victims'
663
programs, as required by Section 63M-7-507;
664
(f) develop sexual assault exam protocol standards in conjunction with the Utah Hospital
665
Association;
666
(g) engage in emergency planning activities, including preparation of policy and
667
procedure and rulemaking necessary for implementation of the federal Emergency
668
Planning and Community Right to Know Act of 1986, as required by Section
669
53-2a-702;
670
(h) implement the provisions of Section 53-2a-402, the Emergency Management
671
Assistance Compact;
- 20 - 03-05 13:42 1st Sub. (Green) S.B. 291
672
(i) ensure that any training or certification required of a public official, as defined in
673
Section 53-1-102, or a public employee, as [those terms are ]defined in Section
674
63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification
675
Requirements, if the training or certification is required:
676
(i) under this title;
677
(ii) by the department; or
678
(iii) by an agency or division within the department;
679
(j) employ a law enforcement officer as a public safety liaison to be housed at the State
680
Board of Education who shall work with the State Board of Education to:
681
(i) support training with relevant state agencies for school resource officers as
682
described in Section 53G-8-702;
683
(ii) coordinate the creation of model policies and memorandums of understanding for
684
a local education agency and a local law enforcement agency; and
685
(iii) ensure cooperation between relevant state agencies, a local education agency,
686
and a local law enforcement agency to foster compliance with disciplinary related
687
statutory provisions, including Sections 53E-3-516 and 53G-8-211;
688
(k) provide for the security and protection of public officials, public officials' staff, and
689
the capitol hill complex in accordance with the provisions of this part;
690
(l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
691
assessments; and
692
(m) fulfill the duties described in Section 63L-13-201 related to restricted foreign
693
entities.
694
(2)(a) The department shall establish a schedule of fees as required or allowed in this
695
title for services provided by the department.
696
(b) All fees not established in statute shall be established in accordance with Section
697
63J-1-504.
698
(3) The department may establish or contract for the establishment of an Organ
699
Procurement Donor Registry in accordance with Section 26B-8-319.
700
Section 7. Section 63G-23-102 is amended to read:
701
63G-23-102 . Definitions.
702
As used in this chapter:
703
(1) "Public official" means, except as provided in Subsection (3), the same as that term is
704
defined in Section [36-11-102] 53-1-102.
705
(2) "Public official" includes a judge or justice of:
- 21 - 1st Sub. (Green) S.B. 291 03-05 13:42
706
(a) the Utah Supreme Court;
707
(b) the Utah Court of Appeals;
708
(c) a district court;
709
(d) a juvenile court; or
710
(e) the Business and Chancery Court.
711
(3) "Public official" does not include a local official or an education official as defined in
712
Section 36-11-102.
713
Section 8. Section 67-24-103 is amended to read:
714
67-24-103 . Qualified prohibitions on lobbyists -- Time limit -- Exceptions.
715
(1) Except as provided in Subsection (2), a former state official [serving on or after May 12,
716
2009, ]may not become a lobbyist or engage in lobbying that would require registration
717
as a lobbyist under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act, for
718
one calendar year, beginning on the day the state official leaves office and ending on the
719
one-year anniversary of that day.
720
(2) This section does not apply if the former state official[ ] :
721
(a) engages in lobbying on behalf of:
722
[(a)] (i) [himself] the former state official; or
723
[(b)] (ii) a business with which [he ] the former state official is associated, unless the
724
primary activity of the business is lobbying or governmental relations[.] ; or
725
(b) lobbies only outside the branch of government where the former state official served.
726
Section 9. Effective Date.
727
This bill takes effect on May 7, 2025.
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