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H.B. 373
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LOBBYIST REPORTING REQUIREMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Perry L. Buckner
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AN ACT RELATING TO LOBBYISTS; MODIFYING THE THRESHOLD AMOUNT FOR
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FILING FINANCIAL REPORTS; MODIFYING THE THRESHOLD AMOUNT FOR
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REPORTING THE IDENTITY OF THE PUBLIC OFFICIAL OR FAMILY MEMBER WHO
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RECEIVED THE BENEFIT; AND MODIFYING THE THRESHOLD AMOUNT FOR
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REPORTING GIFTS TO PUBLIC OFFICIALS AND THEIR FAMILIES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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36-11-201, as last amended by Chapter 192, Laws of Utah 1995
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36-11-304, as enacted by Chapter 192, Laws of Utah 1995
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
36-11-201
is amended to read:
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36-11-201. Disclosure requirements -- Prohibition for related person to make
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expenditures.
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(1) Each lobbyist, principal, and government officer who makes expenditures totaling
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[$50] $25 or more to benefit public officials or members of their immediate families in any
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calendar quarter of the last calendar year shall file a report with the lieutenant governor by January
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10 of each year or on the next succeeding business day if January 10 falls on a Saturday, Sunday,
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or legal holiday. The report shall be considered timely filed if postmarked on its due date. Any
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report required shall contain:
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(a) the total amount of expenditures made to benefit public officials during the last
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calendar year;
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(b) (i) total travel expenditures that the lobbyist, principal, or government officer made to
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benefit public officials and their immediate families during the last calendar year; and
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(ii) a travel expenditure statement that:
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(A) describes the destination of each trip and its purpose;
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(B) identifies the total amount of expenditures made to benefit each public official and his
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immediate family for each trip;
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(C) names all individuals that took each trip;
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(D) provides the name and address of the organization that sponsored each trip; and
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(E) identifies specific expenditures for food, lodging, gifts, and sidetrips;
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(c) for aggregate daily expenditures made to benefit public officials or their immediate
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families that are not reportable under Subsection (1)(b):
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(i) when the amount does not exceed [$50] $25 per person:
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(A) the date of the expenditure;
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(B) the purpose of the expenditure; and
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(C) the total monetary worth of the benefit conferred on the public officials or members
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of their immediate families;
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(ii) when the amount exceeds [$50] $25 per person:
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(A) the date, location, and purpose of the event, activity, or expenditure;
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(B) the name of the public official or member of his immediate family who attended the
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event or activity or received the benefit of the expenditure; and
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(C) the total monetary worth of the benefit conferred on the public official or member of
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his immediate family;
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(d) a list of each public official that was employed by the lobbyist, principal, or
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government officer or who performed work as an independent contractor for the lobbyist,
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principal, or government officer during the last year that details the nature of the employment or
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contract;
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(e) each bill or resolution by number and short title on behalf of which the lobbyist,
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principal, or government officer made an expenditure to a public official for which a report is
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required by this section;
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(f) a description of each executive action on behalf of which the lobbyist, principal, or
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government officer made an expenditure to a public official for which a report is required by this
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section; and
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(g) the general purposes, interests, and nature of the organization or organizations that the
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lobbyist, principal, or government officer filing the report represents.
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(2) A related person may not, while assisting a lobbyist, principal, or government officer
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in lobbying, make an expenditure that benefits a public official or member of his immediate family
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under circumstances which would otherwise fall within the disclosure requirements of this chapter
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if the expenditure was made by the lobbyist, principal, or government officer.
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Section 2.
Section
36-11-304
is amended to read:
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36-11-304. Offering gift or loan -- When prohibited.
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(1) A lobbyist, principal, or government officer may not offer to or give any public official
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or member of his immediate family any gift or loan if the public official has been, or is now, or in
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the near future may be involved in any governmental action directly affecting the donor or lender.
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(2) Subsection (1) does not apply to the following:
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(a) an occasional nonpecuniary gift, having a value of not in excess of [$50] $25 per
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individual;
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(b) an award publicly presented in recognition of public services;
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(c) any bona fide loan made in the ordinary course of business; or
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(d) gifts to a relative.
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(3) For the purposes of this section:
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(a) "Gift" means a transfer of real or tangible personal property for less than fair and
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adequate consideration. It does not include plaques, commendations, or awards.
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(b) "Tangible personal property" does not include the admission price for events, meals,
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recreation, outings, or functions, and is intended to be interpreted consistent with the meaning of
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tangible personal property found in the Utah Constitution Article XIII.
Legislative Review Note
as of 2-1-00 1:07 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.