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S.B. 149
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ETHICS AMENDMENTS
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2002 GENERAL SESSION
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STATE OF UTAH
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Sponsor: L. Steven Poulton
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This act modifies the Election Code and the Lobbyist Disclosure and Regulation Act to
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require certain reports to be made available on the Internet within a specified time. This act
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modifies lobbyist financial reporting requirements to govern situations where multiple
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lobbyists split expenditures and where a single lobbyist splits expenditures between multiple
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clients. This act makes technical corrections.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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20A-11-1002, as last amended by Chapter 355, Laws of Utah 1997
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36-11-106, as last amended by Chapter 338, Laws of Utah 2000
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36-11-201, as last amended by Chapter 338, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-11-1002
is amended to read:
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20A-11-1002. Retention and public inspection of financial statements -- Written
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complaint if statement is false or unlawful.
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(1) The chief election officer shall:
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(a) make each financial statement required by this chapter:
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(i) open to public inspection in the office of the chief election officer; and
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(ii) available for viewing on the Internet at the lieutenant governor's website within seven
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calendar days after the report is received by the chief election officer;
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(b) preserve those statements for at least five years; and
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(c) provide certified copies of the financial statements in the same manner as for other
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public records.
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(2) Any candidate or voter may file a written complaint with the chief election officer
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alleging that a filed financial statement does not conform to law or to the truth.
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Section 2.
Section
36-11-106
is amended to read:
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36-11-106. Reports are public documents.
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(1) Any person may:
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[(1)] (a) without charge, inspect a license application or financial report filed with the
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lieutenant governor in accordance with this chapter; and
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[(2)] (b) make a copy of a report after paying for the actual costs of the copy.
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(2) The lieutenant governor shall make financial reports filed in accordance with this
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chapter available for viewing on the Internet at the lieutenant governor's website within seven
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calendar days after the report is received by the lieutenant governor.
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Section 3.
Section
36-11-201
is amended to read:
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36-11-201. Lobbyist, principal, and government officer financial reporting
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requirements -- Prohibition for related person to make expenditures.
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(1) (a) (i) Each lobbyist, principal, and government officer shall file an annual financial
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report with the lieutenant governor on January 10 of each year or on the next succeeding business
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day if January 10 falls on a Saturday, Sunday, or legal holiday. The report shall be considered
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timely filed if postmarked on its due date.
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(ii) The report shall disclose expenditures made to benefit public officials or members of
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their immediate families as provided in this section.
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(iii) If the lobbyist made no expenditures since the last expenditure reported on the last
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report filed, the lobbyist shall file a financial report listing the amount of expenditures as "none."
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(b) The January 10 report shall contain:
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(i) the total amount of expenditures made to benefit public officials during the last calendar
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year;
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(ii) (A) the total travel expenditures that the lobbyist, principal, or government officer
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made to benefit public officials and their immediate families during the last calendar year; and
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(B) a travel expenditure statement that:
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(I) describes the destination of each trip and its purpose;
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(II) identifies the total amount of expenditures made to benefit each public official and
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members of the public official's immediate family for each trip;
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(III) names all individuals that took each trip;
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(IV) provides the name and address of the organization that sponsored each trip; and
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(V) identifies specific expenditures for food, lodging, gifts, and sidetrips;
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(iii) for aggregate daily expenditures made to benefit public officials or members of their
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immediate families that are not reportable under Subsection (1)(b):
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(A) when the amount does not exceed $50 per person:
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(I) the date of the expenditure;
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(II) the purpose of the expenditure; and
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(III) 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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(B) when the amount exceeds $50 per person:
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(I) the date, location, and purpose of the event, activity, or expenditure;
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(II) the name of the public official or member of the public official's immediate family who
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attended the event or activity or received the benefit of the expenditure; and
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(III) the total monetary worth of the benefit conferred on the public official or member of
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the public official's immediate family;
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(iv) a list of each public official who 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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(v) 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, if any;
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(vi) 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, if any; and
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(vii) the general purposes, interests, and nature of the organization or organizations that
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the lobbyist, principal, or government officer filing the report represents.
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(2) (a) As used in this Subsection (2):
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(i) "Lobbyist group" means two or more lobbyists, principals, government officers, and
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any combination of lobbyists, principals, and officers who each contribute a portion of an
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expenditure made to benefit a public employee or member of his immediate family.
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(ii) "Multi-client lobbyist" means a single lobbyist, principal, or government officer who
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represents two or more clients and divides the aggregate daily expenditure made to benefit a public
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employee or member of his immediate family between two or more of those clients.
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(b) When a lobbyist group combines to make aggregate daily expenditures to benefit
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public officials or members of their immediate families, and the total aggregate daily expenditure
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of the lobbyist group exceeds $50 per person, each member of the lobbyist group shall disclose on
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the reports required by this section:
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(i) the date, location, and purpose of the event, activity, or expenditure;
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(ii) the name of the public official or member of the public official's immediate family who
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attended the event or activity or received the benefit of the expenditure;
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(iii) the total monetary worth of the benefit conferred on the public official or member of
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the public official's immediate family by the lobbyist group and the total monetary worth of the
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benefit conferred upon the public official or member of the public official's immediate family by
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the lobbyist, principal, or government officer filing the report;
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(iv) a list of each public official who 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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(v) 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, if any;
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(vi) 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, if any; and
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(vii) the general purposes, interests, and nature of the organization or organizations that
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the lobbyist, principal, or government officer filing the report represents.
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(c) When a multi-client lobbyist makes aggregate daily expenditures to benefit public
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officials or members of their immediate families, and the sum of the total aggregate daily
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expenditure for all of the lobbyist's clients exceeds $50 for a public official or family member, the
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multi-client lobbyist shall, for each client, disclose on the reports required by this section:
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(i) the date, location, and purpose of the event, activity, or expenditure;
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(ii) the name of the public official or member of the public official's immediate family who
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attended the event or activity or received the benefit of the expenditure;
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(iii) the total monetary worth of the benefit conferred on the public official or member of
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the public official's immediate family by all clients and the total monetary worth of the benefit
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conferred on the public official or member of the public official's immediate family by the client
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upon whose behalf the report is filed;
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(iv) a list of each public official who 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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(v) 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, if any;
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(vi) 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, if any; and
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(vii) the general purposes, interests, and nature of the organization or organizations that
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the lobbyist, principal, or government officer filing the report represents.
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[(2)] (3) A related person may not, while assisting a lobbyist, principal, or government
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officer in lobbying, make an expenditure that benefits a public official or member of the public
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official's immediate family under circumstances which would otherwise fall within the disclosure
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requirements of this chapter if the expenditure was made by the lobbyist, principal, or government
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officer.
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[(3)] (4) (a) Each lobbyist, principal, and government officer who makes expenditures
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totaling $50 or more to benefit public officials or members of their immediate families since the
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date of the last financial report filed shall file a financial report with the lieutenant governor on:
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(i) the date ten days after the last day of each annual general session;
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(ii) the date seven days before a regular general election; and
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(iii) the date seven days after the end of a special session or veto override session.
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(b) (i) If any date specified in this Subsection [(3)] (4) falls on a Saturday, Sunday, or legal
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holiday, the report is due on the next business day or on the next succeeding business day, if the
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due date falls on a Saturday, Sunday, or legal holiday.
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(ii) The report shall be considered timely filed if it is postmarked on its due date.
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(c) Each report shall contain a listing of all expenditures made since the last expenditure
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reported on the last report filed in the form specified in Subsection (1)(b) and, when applicable,
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Subsection (2).
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[(4)] (5) Each financial report filed by a lobbyist shall contain a certification that the
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information provided in the report is true, accurate, and complete to the lobbyist's best knowledge
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and belief.
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[(5)] (6) The lieutenant governor shall:
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(a) develop preprinted suggested forms for all statements required by this section; and
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(b) make copies of the forms available to each person who requests them.
Legislative Review Note
as of 1-29-02 11:18 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.