Lobbying Amendments

17
36-11-102
36-11-201
36-11-301
36-11-304
53-1-102
53-1-106
63G-23-102
67-24-103
36-11-102
36-11-201
36-11-301
36-11-304
53-1-102
53-1-106
63G-23-102
67-24-103
0
Lobbying Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor: Jordan D. Teuscher
LONG TITLE
General Description:
This bill amends and enacts provisions relating to lobbying.
Highlighted Provisions:
This bill:
defines terms;
modifies and clarifies the definitions of lobbyist, lobbying, and a principal;
modifies the limits for certain expenditures;
prohibits consideration, a reward, or an incentive for lobbying that is contingent on
certain government action and provides criminal and civil penalties for violation of the
prohibition;
replaces the offense of employing or soliciting a person to lobby for contingent
compensation with the offense described in the preceding paragraph;
creates an exception to the definition of "expenditure" in relation to certain sporting
events, performances, or exhibitions of a state institution of higher education or a
private, nonprofit institution of higher education;
amends provisions relating to lobbying by a former state official; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
36-11-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
36-11-201
, as last amended by Laws of Utah 2023, Chapter 16
36-11-304
, as last amended by Laws of Utah 2023, Chapter 16
53-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
53-1-106
, as last amended by Laws of Utah 2024, Chapter 506
63G-23-102
, as last amended by Laws of Utah 2024, Chapter 158
67-24-103
, as enacted by Laws of Utah 2009, Chapter 360
REPEALS AND REENACTS:
36-11-301
, as enacted by Laws of Utah 1991, Chapter 280
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
36-11-102
is amended to read:
36-11-102
. Definitions.
As used in this chapter:
(1)
"Aggregate daily expenditures" means:
(a)
for a single lobbyist, principal, or government officer, the total of all expenditures
made within a calendar day by the lobbyist, principal, or government officer for the
benefit of an individual public official;
(b)
for an expenditure made by a member of a lobbyist group, the total of all
expenditures made within a calendar day by every member of the lobbyist group for
the benefit of an individual public official; or
(c)
for a multiclient lobbyist, the total of all expenditures made by the multiclient
lobbyist within a calendar day for the benefit of an individual public official,
regardless of whether the expenditures were attributed to different clients.
(2)
"Approved activity" means an event, a tour, or a meeting:
(a)
(i)
to which a legislator or another nonexecutive branch public official is invited;
and
(ii)
attendance at which is approved by:
(A)
the speaker of the House of Representatives, if the public official is a member
of the House of Representatives or another nonexecutive branch public official;
or
(B)
the president of the Senate, if the public official is a member of the Senate or
another nonexecutive branch public official; or
(b)
(i)
to which a public official who holds a position in the executive branch of state
government is invited; and
(ii)
attendance at which is approved by the governor or the lieutenant governor.
(3)
"Board of education" means:
(a)
a local school board described in
Title 53G, Chapter 4, School Districts
;
(b)
the State Board of Education;
(c)
the State Charter School Board created under Section
53G-5-201
; or
(d)
a charter school governing board described in Title
53G, Chapter 5
, Charter Schools.
(4)
"Capitol hill complex" means capitol hill, as defined in Section
63O-1-101
.
(5)
(a)
"Compensation" means anything of economic value, however designated, that is
paid, loaned, granted, given, donated, or transferred to an individual for the provision
of services or ownership before any withholding required by federal or state law.
(b)
"Compensation" includes:
(i)
a salary or commission;
(ii)
a bonus;
(iii)
a benefit;
(iv)
a contribution to a retirement program or account;
(v)
a payment includable in gross income, as defined in Section 62, Internal Revenue
Code, and subject to social security deductions, including a payment in excess of
the maximum amount subject to deduction under social security law;
(vi)
an amount that the individual authorizes to be deducted or reduced for salary
deferral or other benefits authorized by federal law; or
(vii)
income based on an individual's ownership interest.
(6)
"Compensation payor" means a person who pays compensation to a public official in
the ordinary course of business:
(a)
because of the public official's ownership interest in the compensation payor; or
(b)
for services rendered by the public official on behalf of the compensation payor.
(7)
"Education action" means:
(a)
the passage or defeat of
a resolution, policy,
amendment,
or other official action for
consideration by a board of education;
(b)
a nomination or appointment by an education official or a board of education;
(c)
the passage or defeat of
a vote on an administrative action taken by a vote of a board
of education;
or
(d)
an adjudicative proceeding over which an education official has direct or indirect
control;
(e)
a purchasing or contracting decision;
(f)
drafting or making a policy, resolution, or rule;
(g)
(d)
determining a rate or fee
; or
.
(h)
making an adjudicative decision
.
(8)
"Education official" means:
(a)
a member of a board of education;
or
(b)
an individual appointed to or employed in a position under a board of education, if
that individual:
(i)
occupies a policymaking position
or makes purchasing or contracting decisions
;
(ii)
drafts resolutions or policies or drafts or makes rules;
(iii)
(ii)
determines rates or fees;
or
(iv)
(iii)
makes decisions relating to an education budget or the expenditure of
public money
; or
.
(v)
makes adjudicative decisions; or
(c)
an immediate family member of an individual described in Subsection
(8)(a)
or
(b)
.
(9)
"Event" means entertainment, a performance, a contest, or a recreational activity that an
individual participates in or is a spectator at, including a sporting event, an artistic event,
a play, a movie, dancing, or singing.
(10)
"Executive action" means:
(a)
a nomination or appointment by the governor;
(b)
the action of the governor in approving or vetoing legislation;
(b)
(c)
the
proposal, drafting, amendment, enactment,
passage
or defeat by a state
agency of a rule
, or an amendment to a rule,
made in accordance with
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
;
or
(c)
(d)
agency ratemaking proceedings
; or
.
(d)
an adjudicative proceeding of a state agency.
(11)
"Executive official" means:
(a)
an individual elected to an executive office or appointed to fill a vacancy in an
executive office; or
(b)
an individual appointed to or employed in a position in the executive branch of state
government, if that individual:
(i)
occupies a policymaking position; or
(ii)
determines rates or fees.
(11)
(12)
(a)
"Expenditure" means any of the items listed in this Subsection
(11)(a)
(12)(a)
when given to or for the benefit of a public official unless consideration of
equal or greater value is received:
(i)
a purchase, payment, or distribution;
(ii)
a loan, gift, or advance;
(iii)
a deposit, subscription, or forbearance;
(iv)
services or goods;
(v)
money;
(vi)
real property;
(vii)
a ticket or admission to an event; or
(viii)
a contract, promise, or agreement,
whether or not
regardless of whether the
contract, promise, or agreement is
legally enforceable, to provide any item listed
in Subsections
(11)(a)(i)
through
(vii)
(12)(a)(i) through (vii)
.
(b)
"Expenditure" does not
mean
include
:
(i)
a commercially reasonable loan made in the ordinary course of business;
(ii)
a campaign contribution:
(A)
reported in accordance with
Title 20A, Chapter 11, Campaign and Financial
Reporting Requirements
, Section
10-3-208
, Section
17-70-403
, or any
applicable ordinance adopted under Subsection
10-3-208(7)
or
17-70-403(1)
; or
(B)
lawfully given to a person that is not required to report the contribution under
a law or ordinance described in Subsection
(11)(b)(ii)(A)
(12)(b)(ii)(A)
;
(iii)
printed informational material that is related to the performance of the recipient's
official duties;
(iv)
a devise or inheritance;
(v)
any item listed in Subsection
(11)(a)
(12)(a)
if:
(A)
given by a relative;
(B)
given by a compensation payor for a purpose solely unrelated to the public
official's position as a public official;
(C)
the item is food or beverage with a value that does not exceed the food
reimbursement rate, and the aggregate daily expenditures for food and
beverage do not exceed the food reimbursement rate; or
(D)
the item is not food or beverage, has a value of less than
$10
$25
, and the
aggregate daily expenditures do not exceed
$10
$25
;
(vi)
food or beverage that is provided at an event, a tour, or a meeting to which the
following are invited:
(A)
all members of the Legislature;
(B)
all members of a standing or interim committee;
(C)
all members of an official legislative task force;
(D)
all members of a party caucus; or
(E)
all members of a group described in Subsections
(11)(b)(vi)(A)
through
(D)

(12)(b)(vi)(A) through (D)
who are attending a meeting of a national
organization whose primary purpose is addressing general legislative policy;
(vii)
food or beverage that is provided at an event, a tour, or a meeting to a public
official who is:
(A)
giving a speech at the event, tour, or meeting;
(B)
participating in a panel discussion at the event, tour, or meeting; or
(C)
presenting or receiving an award at the event, tour, or meeting;
(viii)
a plaque, commendation, or award that:
(A)
is presented in public; and
(B)
has the name of the individual receiving the plaque, commendation, or award
inscribed, etched, printed, or otherwise permanently marked on the plaque,
commendation, or award;
(ix)
a gift that:
(A)
is an item that is not consumable and not perishable;
(B)
a public official, other than a local official or an education official, accepts on
behalf of the state;
(C)
the public official promptly remits to the state;
(D)
a property administrator does not reject under Section
63G-23-103
;
(E)
does not constitute a direct benefit to the public official before or after the
public official remits the gift to the state; and
(F)
after being remitted to the state, is not transferred, divided, distributed, or used
to distribute a gift or benefit to one or more public officials in a manner that
would otherwise qualify the gift as an expenditure if the gift were given
directly to a public official;
(x)
any of the following with a cash value not exceeding
$30
$50
:
(A)
a publication; or
(B)
a commemorative item;
(xi)
admission to or attendance at an event, a tour, or a meeting, the primary purpose
of which is:
(A)
to solicit a contribution that is reportable under Title
20A, Chapter 11
,
Campaign and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section
10-3-208
, Section
17-70-403
, or an applicable ordinance adopted under
Subsection
10-3-208(7)
or
17-70-403(1)
;
(B)
to solicit a campaign contribution that a person is not required to report under
a law or ordinance described in Subsection
(11)(b)(xi)(A)
(12)(b)(xi)(A)
; or
(C)
charitable solicitation, as defined in Section
13-22-2
;
(xii)
travel to, lodging at, food or beverage served at, and admission to an approved
activity;
(xiii)
sponsorship of an approved activity;
(xiv)
notwithstanding Subsection
(11)(a)(vii)
(12)(a)(vii)
, admission to, attendance
at, or travel to or from an event, a tour, or a meeting:
(A)
that is sponsored by a governmental entity;
(B)
that is widely attended and related to a governmental duty of a public official;
(C)
for a local official, that is sponsored by an organization that represents only
local governments, including the Utah Association of Counties, the Utah
League of Cities and Towns, or the Utah Association of Special Districts; or
(D)
for an education official, that is sponsored by a public school, a charter
school, or an organization that represents only public schools or charter
schools, including the Utah Association of Public Charter Schools, the Utah
School Boards Association, or the Utah School Superintendents Association;
or
(xv)
travel to a widely attended tour or meeting related to a governmental duty of a
public official if that travel results in a financial savings to:
(A)
for a public official who is not a local official or an education official, the
state; or
(B)
for a public official who is a local official or an education official, the local
government or board of education to which the public official belongs
.
;
(xvi)
notwithstanding Subsection
(12)(a)(vii)
, admission to, attendance at, or travel to
or from a recreational or sporting event provided by an institution of higher
education described in Subsection 53H-1-102(1), or by a private, nonprofit
institution of higher education in the state, if:
(A)
the institution of higher education is competing in the recreational or sporting
event, or the recreational or sporting event occurs at a location owned or leased
by the institution of higher education; and
(B)
the purpose of the public official attending the event is to build a relationship
between the institution of higher education and the public official; or
(xvii)
notwithstanding Subsection
(12)(a)(vii)
, admission to, attendance at, or travel
to or from a theatrical, musical, dancing, or other artistic performance, an art
exhibition, or another artistic event provided by an institution of higher education
described in Subsection 53H-1-102(1), or by a private, nonprofit institution of
higher education in the state, if:
(A)
the institution of higher education is participating in the event, or the event
occurs at a location owned or leased by the institution of higher education; and
(B)
the purpose of the public official attending the event is to build a relationship
between the institution of higher education and the public official.
(12)
(13)
"Food reimbursement rate" means the total amount set by the director of the
Division of Finance, by rule, under Section
63A-3-107
, for in-state meal reimbursement,
for an employee of the executive branch, for an entire day.
(13)
(14)
(a)
"Foreign agent" means an individual who engages in lobbying under
contract with a foreign government.
(b)
"Foreign agent" does not include an individual who is recognized by the United
States Department of State as a duly accredited diplomatic or consular officer of a
foreign government, including a duly accredited honorary consul.
(14)
(15)
"Foreign government" means a government other than the government of:
(a)
the United States;
(b)
a state within the United States;
(c)
a territory or possession of the United States; or
(d)
a political subdivision of the United States.
(16)
"Government action" means:
(a)
an education action;
(b)
an executive action;
(c)
a legislative action; or
(d)
a local action.
(15)
(17)
(a)
"Government officer" means:
(i)
an individual elected to a position in state or local government, when acting in the
capacity of the state or local government position;
(ii)
an individual elected to a board of education, when acting in the capacity of a
member of a board of education;
(iii)
an individual appointed to fill a vacancy in a position described in Subsection
(15)(a)(i)
or
(ii)
(17)(a)(i) or (ii)
, when acting in the capacity of the position; or
(iv)
an individual appointed to or employed in a full-time position by state
government, local government, or a board of education, when acting in the
capacity of the individual's appointment or employment.
(b)
"Government officer" does not mean a member of the legislative branch of state
government.
(16)
(18)
"Immediate family" means:
(a)
a spouse;
(b)
a child residing in the household; or
(c)
an individual claimed as a dependent for tax purposes.
(17)
(19)
"Legislative action" means
:
(a)
the passage or defeat of
a bill, resolution, amendment, nomination, veto override,
appropriation,
or other matter pending or proposed in either house of the Legislature
or
its committees
a committee of the Legislature,
or requested by a legislator
; and
.
(b)
the action of the governor in approving or vetoing legislation.
(20)
"Legislative official" means a member, or a member-elect, of the Senate or the House
of Representatives.
(18)
(21)
"Lobbying" means communicating with a public official for the purpose of
influencing
a legislative action, executive action, local action, or education
government

action.
(19)
(22)
(a)
"Lobbyist" means
:
an individual who accepts or agrees to accept
employment payment, a reward, an incentive, something of value, or other
consideration in exchange for lobbying.
(i)
an individual who is employed by a principal; or
(ii)
an individual who contracts for economic consideration, other than
reimbursement for reasonable travel expenses, with a principal to lobby a public
official.
(b)
"Lobbyist" includes an individual who engages in lobbying on behalf of an entity,
other than a publicly-traded entity, in which the individual obtained a non-controlling
ownership interest within the immediately preceding 18 months.
(c)
"Lobbyist" does not include:
(i)
a government officer;
(ii)
a member or employee of the legislative branch of state government;
(iii)
an individual who, in exchange for lobbying, accepts or agrees to accept only
reimbursement for reasonable travel expenses;
(iii)
(iv)
a person, including a principal, while appearing at, or providing written
comments to, a hearing conducted in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, or
Title 63G, Chapter 4, Administrative
Procedures Act
;
(iv)
(v)
a person participating on or appearing before an advisory or study task force,
commission, board, or committee, constituted by the Legislature, a local
government, a board of education, or any agency or department of state
government, except legislative standing, appropriation, or interim committees;
(v)
(vi)
a representative of a political party;
(vi)
(vii)
an individual representing a bona fide church solely for the purpose of
protecting the right to practice the religious doctrines of the church, unless the
individual or church makes an expenditure that confers a benefit on a public
official;
(vii)
(viii)
a newspaper, television station or network, radio station or network,
periodical of general circulation, or book publisher for the purpose of publishing
news items, editorials, other comments, or paid advertisements that directly or
indirectly urge
legislative action, executive action, local action, or education
government
action;
(viii)
(ix)
an individual who appears on the individual's own behalf before a
committee of the Legislature, an agency of the executive branch of state
government, a board of education, the governing body of a local government, a
committee of a local government, or a committee of a board of education, solely
for the purpose of testifying in support of or in opposition to
legislative action,
executive action, local action, or education
government
action; or
(ix)
(x)
an individual representing a business, entity, or industry, who:
(A)
interacts with a public official, in the public official's capacity as a public
official, while accompanied by a registered lobbyist who is lobbying in relation
to the subject of the interaction or while presenting at a legislative committee
meeting at the same time that the registered lobbyist is attending another
legislative committee meeting; and
(B)
does not make an expenditure for, or on behalf of, a public official in relation
to the interaction or during the period of interaction.
(20)
(23)
"Lobbyist group" means two or more lobbyists, principals, government officers,
or any combination of lobbyists, principals, and government officers, who each
contribute a portion of an expenditure made to benefit a public official or member of the
public official's immediate family.
(21)
(24)
"Local action" means:
(a)
an ordinance or resolution for consideration by a local government;
(b)
a nomination or appointment by a local official or a local government;
(c)
a vote on an administrative action taken by a vote of a local government's legislative
body;
or
(d)
an adjudicative proceeding over which a local official has direct or indirect control;
(e)
a purchasing or contracting decision;
(f)
drafting or making a policy, resolution, or rule;
(g)
(d)
determining a rate or fee
; or
.
(h)
making an adjudicative decision.
(22)
(25)
"Local government" means:
(a)
a county, city, or town;
(b)
a special district governed by
Title 17B, Limited Purpose Local Government Entities
- Special Districts
;
(c)
a special service district governed by
Title 17D, Chapter 1
, Special Service District
Act;
(d)
a community reinvestment agency governed by
Title 17C, Limited Purpose Local
Government Entities - Community Reinvestment Agency Act;
(e)
a conservation district governed by
Title 17D, Chapter 3
, Conservation District Act;
(f)
a redevelopment agency; or
(g)
an interlocal entity or a joint cooperative undertaking governed by
Title 11, Chapter
13
, Interlocal Cooperation Act.
(23)
(26)
"Local official" means:
(a)
an
elected member of a local government
individual elected to a local government
office or appointed to fill a vacancy in a local government office
;
or
(b)
an individual appointed to or employed in a position in a local government if that
individual:
(i)
occupies a policymaking position
or makes purchasing or contracting decisions
;

or
(ii)
drafts ordinances or resolutions or drafts or makes rules;
(iii)
(ii)
determines rates or fees
; or
.
(iv)
makes adjudicative decisions; or
(c)
an immediate family member of an individual described in Subsection
(23)(a)
or
(b)
.
(24)
(27)
"Meeting" means a gathering of people to discuss an issue, receive instruction, or
make a decision, including a conference, seminar, or summit.
(25)
(28)
"Multiclient lobbyist" means a single lobbyist, principal, or government officer
who represents two or more clients and divides the aggregate daily expenditure made to
benefit a public official or member of the public official's immediate family between
two or more of those clients.
(26)
(29)
"Principal" means a person that
employs an individual to perform lobbying,
either as an employee or as an independent contractor
pays or provides, or agrees or
promises to pay or provide, employment, a reward, an incentive, something of value, or
other consideration to a person to engage in lobbying
.
(27)
(30)
"Public official" means:
(a)
an education official;
(b)
an executive official;
(c)
a legislative official;
(d)
a local official; or
(e)
an immediate family member of an official or individual described in Subsections
(30)(a)
through
(d)
.
(a)
(i)
a member of the Legislature;
(ii)
an individual elected to a position in the executive branch of state government; or
(iii)
an individual appointed to or employed in a position in the executive or
legislative branch of state government if that individual:
(A)
occupies a policymaking position or makes purchasing or contracting
decisions;
(B)
drafts legislation or makes rules;
(C)
determines rates or fees; or
(D)
makes adjudicative decisions;
(b)
an immediate family member of a person described in Subsection
(27)(a)
;
(c)
a local official; or
(d)
an education official.
(28)
(31)
"Public official type" means a notation to identify whether a public official is:
(a)
(i)
a member of the Legislature;
(ii)
an individual elected to a position in the executive branch of state government;
(iii)
an individual appointed to or employed in a position in the legislative branch of
state government who meets the definition of
public
legislative
official
under
Subsection
(27)(a)(iii)
;
(iv)
an individual appointed to or employed in a position in the executive branch of
state government who meets the definition of
public
executive
official
under
Subsection
(27)(a)(iii)
;
;
(v)
a local official, including a description of the type of local government for which
the individual is a local official; or
(vi)
an education official, including a description of the type of board of education for
which the individual is an education official; or
(b)
an immediate family member of an individual described in
Subsection
(27)(a)
, (c),
or (d)
Subsections
(30)(a)
through
(d)
.
(29)
(32)
"Quarterly reporting period" means the three-month period covered by each
financial report required under Subsection
36-11-201
(2)(a).
(30)
(33)
"Related person" means a person, agent, or employee who
knowingly and
intentionally
assists a lobbyist, principal, or government officer in lobbying.
(31)
(34)
"Relative" means:
(a)
a spouse;
(b)
a child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law,
sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
(c)
a spouse of an individual described in Subsection
(31)(b)
(34)(b)
.
(32)
(35)
"Tour" means visiting a location, for a purpose relating to the duties of a public
official, and not primarily for entertainment, including:
(a)
viewing a facility;
(b)
viewing the sight of a natural disaster; or
(c)
assessing a circumstance in relation to which a public official may need to take
action within the scope of the public official's duties.
Section 2. Section
36-11-201
is amended to read:
36-11-201
. Lobbyist, principal, and government officer financial reporting
requirements -- Prohibition for related person to make expenditures.
(1)
(a)
(i)
Except as provided in Subsection
(1)(a)(ii)
, a lobbyist shall file financial
reports with the lieutenant governor on or before the due dates specified in
Subsection
(2)
.
(ii)
A lobbyist who has not made an expenditure during a quarterly reporting period
is not required to file a quarterly financial report for that quarterly reporting period.
(iii)
A lobbyist who is not required to file any quarterly reports under this section for
a calendar year shall, on or before January 10 of the following year, file a financial
report listing the amount of the expenditures for the entire preceding year as
"none."
(b)
Except as provided in Subsection
(1)(c)
, a government officer or principal that makes
an expenditure during any of the quarterly reporting periods under Subsection
(2)(a)

shall file a financial report with the lieutenant governor on or before the date that a
report for that quarter is due.
(c)
(i)
As used in this Subsection
(1)(c)
, "same local government type" means:
(A)
for a county government, the same county government or another county
government;
(B)
for a municipal government, the same municipal government or another
municipal government;
(C)
for a board of education, the same board of education;
(D)
for a local school board described in
Title 53G, Chapter 4, School Districts
,
the same local school board or another local school board;
(E)
for a special district, the same special district or another special district or a
special service district;
(F)
for a special service district, the same special service district or another special
service district or a special district; or
(G)
for a participant in an interlocal agreement, another participant in the same
interlocal agreement.
(ii)
A local official or an education official is not required, under this section, to
report an expenditure made by the local official or education official to another
local official or education official of the same local government type as the local
official or education official making the expenditure.
(2)
(a)
A financial report is due quarterly on the following dates:
(i)
April 10, for the period of January 1 through March 31;
(ii)
July 10, for the period of April 1 through June 30;
(iii)
October 10, for the period of July 1 through September 30; and
(iv)
January 10, for the period of October 1 through December 31 of the previous
year.
(b)
If the due date for a financial report falls on a Saturday, Sunday, or legal holiday, the
report is due on the next succeeding business day.
(c)
A financial report is timely filed if it is filed electronically before the close of regular
office hours on or before the due date.
(3)
A financial report shall contain:
(a)
the total amount of expenditures made to benefit any public official during the
quarterly reporting period;
(b)
the total amount of expenditures made, by the type of public official, during the
quarterly reporting period;
(c)
for the financial report due on January 10:
(i)
the total amount of expenditures made to benefit any public official during the last
calendar year; and
(ii)
the total amount of expenditures made, by the type of public official, during the
last calendar year;
(d)
a disclosure of each expenditure made during the quarterly reporting period to
reimburse or pay for travel or lodging for a public official, including:
(i)
each travel destination and each lodging location;
(ii)
the name of each public official who benefitted from the expenditure on travel or
lodging;
(iii)
the public official type of each public official named;
(iv)
for each public official named, a listing of the amount and purpose of each
expenditure made for travel or lodging; and
(v)
the total amount of expenditures listed under Subsection
(3)(d)(iv)
;
(e)
a disclosure of aggregate daily expenditures greater than
$10
$25
made during the
quarterly reporting period including:
(i)
the date and purpose of the expenditure;
(ii)
the location of the expenditure;
(iii)
the name of any public official benefitted by the expenditure;
(iv)
the type of the public official benefitted by the expenditure; and
(v)
the total monetary worth of the benefit that the expenditure conferred on any
public official;
(f)
for each public official who was employed by the lobbyist, principal, or government
officer, a list that provides:
(i)
the name of the public official; and
(ii)
the nature of the employment with the public official;
(g)
each bill or resolution, by number and short title, on behalf of which the lobbyist,
principal, or government officer made an expenditure to a public official;
(h)
a description of each
executive
government
action on behalf of which the lobbyist,
principal, or government officer made an expenditure to a public official;
(i)
a description of each
local action or education
government
action regarding which
the lobbyist, principal, or government officer made an expenditure to a local official
or education official;
(j)
the general purposes, interests, and nature of the entities that the lobbyist, principal,
or government officer filing the report represents; and
(k)
for a lobbyist, a certification that the information provided in the report is true,
accurate, and complete to the lobbyist's best knowledge and belief.
(4)
A related person may not, while assisting a lobbyist, principal, or government officer in
lobbying, make an expenditure that benefits a public official under circumstances that
would otherwise fall within the disclosure requirements of this chapter if the expenditure
was made by the lobbyist, principal, or government officer.
(5)
The lieutenant governor shall:
(a)
(i)
develop a preprinted form for a financial report required by this section; and
(ii)
make copies of the form available to a lobbyist, principal, or government officer
who requests a form; and
(b)
provide a reporting system that allows a lobbyist, principal, or government officer to
submit a financial report required by this chapter via the
Internet
internet
.
(6)
(a)
A lobbyist and a principal shall continue to file a financial report required by this
section until the lobbyist or principal files a statement with the lieutenant governor
that:
(i)
(A)
for a lobbyist, states that the lobbyist has ceased lobbying activities; or
(B)
for a principal, states that the principal no longer employs an individual as a
lobbyist;
(ii)
in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
license;
(iii)
contains a listing, as required by this section, of all previously unreported
expenditures that have been made through the date of the statement; and
(iv)
states that the lobbyist or principal will not make any additional expenditure that
is not disclosed on the statement unless the lobbyist or principal complies with the
disclosure and licensing requirements of this chapter.
(b)
Except as provided in Subsection
(1)(a)(ii)
, a lobbyist or principal that is required to
file a financial report under this section is required to file the report quarterly until the
lobbyist or principal files the statement required by Subsection
(6)(a)
.
Section 3. Section
36-11-301
is repealed and reenacted to read:
36-11-301
. Contingent consideration, reward, or incentive prohibited.
It is unlawful for a lobbyist to solicit, accept, or agree to accept anything of value from a
person as consideration for, a reward for, or an incentive for, lobbying, if:
(1)
the consideration, reward, or incentive is based on whether certain government action
occurs or does not occur; or
(2)
the value of the consideration is calculated based on the amount appropriated for a
certain program or expenditure made by the entity lobbied.
Section 4. Section
36-11-304
is amended to read:
36-11-304
. Expenditures over certain amounts prohibited -- Exceptions.
(1)
Except as provided in Subsection
(2)
or
(3)
, a lobbyist, principal, or government officer
may not make or offer to make aggregate daily expenditures that exceed:
(a)
for food or beverage, the food reimbursement rate;
or
(b)
$10
except as provided in Subsection
(1)(c)
, $25
for expenditures other than food or
beverage
.
; or
(c)
$50 for expenditures for a publication or a commemorative item.
(2)
A lobbyist, principal, or government officer may make aggregate daily expenditures that
exceed the limits described in Subsection
(1)
:
(a)
for the following items, if the expenditure is reported in accordance with Section
36-11-201
:
(i)
food;
(ii)
beverage;
(iii)
travel;
(iv)
lodging; or
(v)
admission to or attendance at a tour or meeting that is not an approved activity; or
(b)
if the expenditure is made for a purpose solely unrelated to the public official's
position as a public official.
(3)
(a)
As used in this Subsection
(3)
, "same local government type" means:
(i)
for a county government, the same county government or another county
government;
(ii)
for a municipal government, the same municipal government or another
municipal government;
(iii)
for a board of education, the same board of education;
(iv)
for a local school board described in
Title 53G, Chapter 4, School Districts
, the
same local school board or another local school board;
(v)
for a special district, the same special district or another special district or a
special service district;
(vi)
for a special service district, the same special service district or another special
service district or a special district; or
(vii)
for a participant in an interlocal agreement, another participant in the same
interlocal agreement.
(b)
This section does not apply to an expenditure made by a local official or an
education official to another local official or education official of the same local
government type as the local official or education official making the expenditure.
Section 5. Section
53-1-102
is amended to read:
53-1-102
. Definitions.
(1)
As used in this title:
(a)
"Capitol hill complex" means capitol hill, as defined in Section
63O-1-101
.
(b)
"Commissioner" means the commissioner of public safety appointed under Section
53-1-107
.
(c)
"Department" means the Department of Public Safety created in Section
53-1-103
.
(d)
"Governor-elect" means an individual whom the board of canvassers determines to
be the successful candidate for governor after a general election for the office of
governor.
(e)
"Institution of higher education" means the same as that term is defined in Section
53H-1-101
.
(f)
"Law enforcement agency" means an entity or division of:
(i)
(A)
the federal government, a state, or a political subdivision of a state;
(B)
an institution of higher education; or
(C)
a private institution of higher education, if the entity or division is certified by
the commissioner under Title
53, Chapter 19
, Certification of Private Law
Enforcement Agency; and
(ii)
that exists primarily to prevent and detect crime and enforce criminal laws,
statutes, and ordinances.
(g)
"Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(h)
"Motor vehicle" means every self-propelled vehicle and every vehicle propelled by
electric power obtained from overhead trolley wires, but not operated upon rails,
except motorized wheel chairs and vehicles moved solely by human power.
(i)
"Peace officer" means any officer certified in accordance with Title
53, Chapter 13
,
Peace Officer Classifications.
(j)
"Public official" means
the same as that term is defined in Section
36-11-102
.
:
(i)
a member of the Legislature;
(ii)
an individual elected to a position in the executive branch of state government;
(iii)
an individual appointed to or employed in a position in the executive or
legislative branch of state government, if that individual:
(A)
occupies a policymaking position;
(B)
makes purchasing or contracting decisions;
(C)
drafts legislation or makes rules;
(D)
determines rates or fees; or
(E)
makes adjudicative decisions;
(iv)
an elected member of a local government, as defined in Section
36-11-102
;
(v)
an individual appointed to or employed in a position in a local government, as
defined in Section
36-11-102
, if that individual:
(A)
occupies a policymaking position;
(B)
makes purchasing or contracting decisions;
(C)
drafts ordinances or resolutions, or drafts or makes rules;
(D)
determines rates or fees; or
(E)
makes adjudicative decisions;
(vi)
a member of a board of education, as defined in Section
36-11-102
;
(vii)
an individual appointed to or employed in a position under a board of education,
as defined in Section
36-11-102
, if that individual:
(A)
occupies a policymaking position;
(B)
makes purchasing or contracting decisions;
(C)
drafts resolutions or policies, or drafts or makes rules;
(D)
determines rates or fees;
(E)
makes decisions relating to an education budget or the expenditure of public
money; or
(F)
makes adjudicative decisions; or
(viii)
an immediate family member of an individual described in Subsections
(1)(i)(i)

through
(vii)
.
(k)
"Vehicle" means every device in, upon, or by which any person or property is or may
be transported or drawn upon a highway, excepting devices used exclusively upon
stationary rails or tracks.
(2)
The definitions provided in Subsection
(1)
are to be applied throughout this title in
addition to definitions that are applicable to specific chapters or parts.
Section 6. Section
53-1-106
is amended to read:
53-1-106
. Department duties -- Powers.
(1)
In addition to the responsibilities contained in this title, the department shall:
(a)
make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code,
including:
(i)
setting performance standards for towing companies to be used by the department,
as required by Section
41-6a-1406
; and
(ii)
advising the Department of Transportation regarding the safe design and
operation of school buses, as required by Section
41-6a-1304
;
(b)
make rules to establish and clarify standards pertaining to the curriculum and
teaching methods of a motor vehicle accident prevention course under Section
31A-19a-211
;
(c)
aid in enforcement efforts to combat drug trafficking;
(d)
meet with the Division of Technology Services to formulate contracts, establish
priorities, and develop funding mechanisms for dispatch and telecommunications
operations;
(e)
provide assistance to the
State
Commission on Criminal and Juvenile Justice and the
Utah Office for Victims of Crime in conducting research or monitoring victims'
programs, as required by Section
63M-7-507
;
(f)
develop sexual assault exam protocol standards in conjunction with the Utah Hospital
Association;
(g)
engage in emergency planning activities, including preparation of policy and
procedure and rulemaking necessary for implementation of the federal Emergency
Planning and Community Right to Know Act of 1986, as required by Section
53-2a-702
;
(h)
implement the provisions of Section
53-2a-402
, the Emergency Management
Assistance Compact;
(i)
ensure that any training or certification required of a public official
, as defined in
Section
53-1-102
,
or
a
public employee, as
those terms are
defined in Section
63G-22-102
, complies with Title 63G, Chapter 22, State Training and Certification
Requirements, if the training or certification is required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department;
(j)
employ a law enforcement officer as a public safety liaison to be housed at the State
Board of Education who shall work with the State Board of Education to:
(i)
support training with relevant state agencies for school resource officers as
described in Section
53G-8-702
;
(ii)
coordinate the creation of model policies and memorandums of understanding for
a local education agency and a local law enforcement agency; and
(iii)
ensure cooperation between relevant state agencies, a local education agency,
and a local law enforcement agency to foster compliance with disciplinary related
statutory provisions, including Sections
53E-3-516
and
53G-8-211
;
(k)
provide for the security and protection of public officials, public officials' staff, and
the capitol hill complex in accordance with the provisions of this part;
(l)
fulfill the duties described in Sections
77-36-2.1
and
78B-7-120
related to lethality
assessments; and
(m)
fulfill the duties described in Section
63L-13-201
related to restricted foreign
entities.
(2)
(a)
The department shall establish a schedule of fees as required or allowed in this
title for services provided by the department.
(b)
All fees not established in statute shall be established in accordance with Section
63J-1-504
.
(3)
The department may establish or contract for the establishment of an Organ
Procurement Donor Registry in accordance with Section
26B-8-319
.
Section 7. Section
63G-23-102
is amended to read:
63G-23-102
. Definitions.
As used in this chapter:
(1)
"Public official" means, except as provided in Subsection
(3)
, the same as that term is
defined in Section
36-11-102
53-1-102
.
(2)
"Public official" includes a judge or justice of:
(a)
the Utah Supreme Court;
(b)
the Utah Court of Appeals;
(c)
a district court;
(d)
a juvenile court; or
(e)
the Business and Chancery Court.
(3)
"Public official" does not include a local official or an education official as defined in
Section
36-11-102
.
Section 8. Section
67-24-103
is amended to read:
67-24-103
. Qualified prohibitions on lobbyists -- Time limit -- Exceptions.
(1)
Except as provided in Subsection
(2)
, a former state official
serving on or after May 12,
2009,
may not become a lobbyist or engage in lobbying that would require registration
as a lobbyist under
Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act
, for
one calendar year, beginning on the day the state official leaves office and ending on the
one-year anniversary of that day.
(2)
This section does not apply if the former state official engages in lobbying on behalf of:
(a)
himself
the former state official
; or
(b)
a business with which
he
the former state official
is associated, unless the primary
activity of the business is lobbying or governmental relations.
Section 9.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-3-26 6:06 PM