Utah Code 36-11-103. Licensing requirements
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Terms Used In Utah Code 36-11-103
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Foreign agent: means an individual who engages in lobbying under contract with a foreign government. See Utah Code 36-11-102
- Foreign government: means a government other than the government of:(14)(a) the United States;(14)(b) a state within the United States;(14)(c) a territory or possession of the United States; or(14)(d) a political subdivision of the United States. See Utah Code 36-11-102
- Lobbying: means communicating with a public official for the purpose of influencing a legislative action, executive action, local action, or education action. See Utah Code 36-11-102
- Lobbyist: means :
(19)(a)(i) an individual who is employed by a principal; or(19)(a)(ii) an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102- Local government: means :
(22)(a) a county, city, or town;(22)(b) a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts;(22)(c) a special service district governed by Title 17D, Chapter 1, Special Service District Act;(22)(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;(22)(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;(22)(f) a redevelopment agency; or(22)(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 36-11-102- Meeting: means a gathering of people to discuss an issue, receive instruction, or make a decision, including a conference, seminar, or summit. See Utah Code 36-11-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Principal: means a person that employs an individual to perform lobbying, either as an employee or as an independent contractor. See Utah Code 36-11-102
- Public official: means :
(27)(a)(27)(a)(i) a member of the Legislature;(27)(a)(ii) an individual elected to a position in the executive branch of state government; or(27)(a)(iii) an individual appointed to or employed in a position in the executive or legislative branch of state government if that individual:(27)(a)(iii)(A) occupies a policymaking position or makes purchasing or contracting decisions;(27)(a)(iii)(B) drafts legislation or makes rules;(27)(a)(iii)(C) determines rates or fees; or(27)(a)(iii)(D) makes adjudicative decisions;(27)(b) an immediate family member of a person described in Subsection (27)(a);(27)(c) a local official; or(27)(d) an education official. See Utah Code 36-11-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) Before engaging in any lobbying, a lobbyist shall obtain a license from the lieutenant governor by completing the form required by this section.(1)(b) The lieutenant governor shall issue licenses to qualified lobbyists.(1)(c) The lieutenant governor shall prepare a lobbyist license application form that includes:(1)(c)(i) a place for the lobbyist’s name and business address;(1)(c)(ii) a place for the following information for each principal for whom the lobbyist works or is hired as an independent contractor:(1)(c)(ii)(A) the principal’s name;(1)(c)(ii)(B) the principal’s business address;(1)(c)(ii)(C) the name of each public official that the principal employs and the nature of the employment with the public official; and(1)(c)(ii)(D) the general purposes, interests, and nature of the principal;(1)(c)(iii) a place for the name and address of the person who paid or will pay the lobbyist’s licensing fee, if the fee is not paid by the lobbyist;(1)(c)(iv) a place for the lobbyist to disclose:(1)(c)(iv)(A) any elected or appointed position that the lobbyist holds in state or local government, if any; and(1)(c)(iv)(B) the name of each public official that the lobbyist employs and the nature of the employment with the public official, if any;(1)(c)(v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist will be reimbursed;(1)(c)(vi) a statement that an individual is required to register as a foreign agent under Section 36-11-103.5 before engaging in lobbying on behalf of a foreign government;(1)(c)(vii) a place for the lobbyist to indicate whether the lobbyist would like to register as a foreign agent; and(1)(c)(viii) a certification to be signed by the lobbyist that certifies that the information provided in the form is true, accurate, and complete to the best of the lobbyist’s knowledge and belief.(2) Each lobbyist who obtains a license under this section shall update the licensure information when the lobbyist accepts employment for lobbying by a new client.(3)(3)(a) Except as provided in Subsection (4), the lieutenant governor shall grant a lobbying license to an applicant who:(3)(a)(i) files an application with the lieutenant governor that contains the information required by this section and, if applicable, Section 36-11-103.5;(3)(a)(ii) completes the training required by Section 36-11-307; and(3)(a)(iii) pays a $60 licensing fee.(3)(b) A license entitles a person to serve as a lobbyist on behalf of one or more principals and expires on December 31 each year.(4)(4)(a) The lieutenant governor may disapprove an application for a lobbying license:(4)(a)(i) if the applicant has been convicted of violating Section 76-8-103, 76-8-107, 76-8-108, or 76-8-303 within five years before the date of the lobbying license application;(4)(a)(ii) if, within one year before the date of the lobbying license application, the applicant is convicted of a violation of:(4)(a)(ii)(A) Section 76-8-104; or(4)(a)(ii)(B) Section 76-9-102, if the violation is a misdemeanor that occurs at an official meeting;(4)(a)(iii) during the term of any suspension imposed under Section 36-11-401;(4)(a)(iv) if the applicant has not complied with Subsection 36-11-307(6);(4)(a)(v) during the term of a suspension imposed under Subsection 36-11-501(3);(4)(a)(vi) if the lobbyist fails to pay a fine imposed under Subsection 36-11-501(3);(4)(a)(vii) if, within one year before the date of the lobbying license application, the applicant has been found to have willingly and knowingly:(4)(a)(vii)(A) violated this section or Section 36-11-201, 36-11-301, 36-11-302, 36-11-303, 36-11-304, 36-11-305, or 36-11-403; or(4)(a)(vii)(B) filed a document required by this chapter that the lobbyist knew contained materially false information or omitted material information; or(4)(a)(viii) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter 24, Lobbying Restrictions Act.(4)(b) An applicant may appeal the disapproval in accordance with the procedures established by the lieutenant governor under this chapter and Title 63G, Chapter 4, Administrative Procedures Act.(5) The lieutenant governor shall deposit each licensing fee into the General Fund as a dedicated credit to be used by the lieutenant governor to pay the cost of administering the license program described in this section.(6) A principal need not obtain a license under this section, but if the principal makes expenditures to benefit a public official without using a lobbyist as an agent to confer those benefits, the principal shall disclose those expenditures as required by Section 36-11-201.(7) Government officers need not obtain a license under this section, but shall disclose any expenditures made to benefit public officials as required by Section 36-11-201.(8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the reports by Section 36-11-201.