DAR File No. 27381

Lieutenant Governor, Elections

R623-1

Lieutenant Governor's Procedure for Regulation of Lobbyist Activities

NOTICE OF PROPOSED RULE

DAR File No.: 27381
Filed: 08/31/2004, 03:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to make technical corrections to Utah Code references. The rule also defines procedures for lobbyist to file reports (license applications, license updates/changes) electronically.

Summary of the rule or change:

The changes made in this rule update the Utah Code references that have been renumbered because of recent legislative changes to the Lobbyist statutes. This rule also defines procedures for lobbyist to file reports (license applications, license updates/changes) electronically.

State statutory or constitutional authorization for this rule:

Section 36-11-404

Anticipated cost or savings to:

the state budget:

This rule only makes technical changes to Utah Code references and authorizes individuals to use the State's electronic filing system for lobbyist filings. There are no anticipated costs or savings to the State Budget.

local governments:

This rule only makes technical changes to Utah Code references and authorizes individuals to use the State's electronic filing system for lobbyist filings. There are no anticipated costs or savings to local government.

other persons:

This rule only makes technical changes to Utah Code references and authorizes individuals to use the State's electronic filing system for lobbyist filings. There are no anticipated costs or savings to other persons.

Compliance costs for affected persons:

This rule only makes technical changes to Utah Code references and authorizes individuals to use the State's electronic filing system for lobbyist filings. It will have no compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule only makes technical changes to Utah Code references and authorizes individuals to use the State's electronic filing system for lobbyist filings. It will have no fiscal impact on businesses.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Amy Naccarato or Leslie Barron at the above address, by phone at 801-538-1041 or 801-538-1526, by FAX at 801-538-1133 or 801-538-1133, or by Internet E-mail at anaccarato@utah.gov or lbarron@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2004

This rule may become effective on:

10/16/2004

Authorized by:

Amy Naccarato, Director

RULE TEXT

R623. Lieutenant Governor, Elections.

R623-1. Lieutenant Governor's Procedure for Regulation of Lobbyist Activities.

R623-1-4. Registration/License Application Procedure.

A. In order to register and obtain a license, a lobbyist shall:

1. [File a registration/license application statement in compliance with the provisions of Section 36-11-103. The lieutenant governor's office shall make available forms that comply with Section 36-11-103.]Pay the $25 registration fee.

2. [Submit the completed form to the lieutenant governor's office; and]File a registration/license application statement in compliance with the provisions of Section 36-11-103. The lieutenant governor's office shall make available forms that comply with Section 36-11-103. The lobbyist may either:

(a) Submit the completed form to the lieutenant governor's office; or

(b) File the lobbyist registration/license application by completing the electronic form available on the Utah Lobbyist Online system; and submit the completed signature authorization form to the lieutenant governor's office.

[ 3. Pay the $25 registration fee.

] B. Upon receipt of a completed lobbyist registration/license application form the lieutenant governor's office shall:

1. Review the registration form for accuracy, completeness and compliance with the law;

2. Approve or disapprove the registration/license application; and

3. Notify the lobbyist in writing within 30 days of approval or disapproval.

C. An applicant who has not been convicted of any of the offenses listed in Section [36-11-105(2)(a)(i)]36-11-103(4)(a)(i), and who has not had a civil penalty imposed as described in Section [36-11-105(2)(a)(ii)]36-11-103(4)(a)(ii), may commence lobbying activities upon filing of a completed registration/license application form with the lieutenant governor's office and payment of the registration fee.

D. By applying for a license, the lobbyist certifies that the lobbyist intends to engage in lobbying activities under the circumstances stated in the application or supplements filed with the lieutenant governor's office during the time the registration and license are valid.

1. If a lobbyist intends to cease all lobbying activities for the remainder of the period of licensure, the lobbyist shall notify the lieutenant governor's office in writing and surrender the license.

2. If the lobbyist has a change in circumstances that affects the lobbyist's activities, the lobbyist shall notify the lieutenant governor's office in writing.

3. If a lobbyist has surrendered the license and then decides to re[-]engage in lobbying activities, a re[-]issued license without a fee may be requested, if it is within the 2-year period of the original registration.

4. The lobbyist must submit a written request to the lieutenant governor's office in order to have the license reissued.

5. A reissued license expires on December 31 of each even numbered year in accordance with Section 36-11-103(3)(b).

E. A lobbyist may [apply for a license, ]add and delete principals[,] and provide other notices electronically [according to requirements specified by]as prescribed by the lieutenant governor's office.

R623-1-5. Disapproval of Application.

A. A lobbyist who is convicted of violation of any of the offenses listed in Utah Code Section [36-11-105]36-11-103, shall have his application for license disapproved by the lieutenant governor's office and a license will not be issued.

B. The lobbyist will receive written notice of the license disapproval from the lieutenant governor's office within 30 days.

R623-1-6. Suspensions, Revocations and Fines.

A. Registration and reporting violations.

1. In addition to any fines imposed under 36-11-401, a lobbyist license may be suspended for any of the following willful and knowing violations of Section 36-11-103, Sections 36-11-201:

a. Failure to register;

b. Failure to file a year end or supplemental report on or before the statutory due date;

c. Failure to file a year end or supplemental report;

d. Filing a report or other document that contains materially false information or the omission of material information; including, but not limited to, the failure to list all principals for which the lobbyist works or is hired as an independent contractor;

e. Failure to update a registration when a lobbyist accepts a new client for lobbying; or

f. Otherwise violating Sections 36-11-103, 36-11-201.

2. If a fine or other penalty is imposed more than once under the immediately preceding section, suspension or permanent revocation of the lobbyist license shall be imposed.

3. The determination of the penalty to be imposed will be made by following the procedures as provided by Section R623-1-7.

B. Illegal Activities of lobbyists.

1. If the lieutenant governor's office discovers or receives evidence of a possible violation of Sections 36-11-301 to 305, the evidence will be sent to the appropriate county attorney or district attorney's office for prosecution.

2. If a lobbyist is convicted of a violation of Sections 36-11-103, 36-11-201, 36-11-301, 36-11-302, [or ]36-11-303, 36-11-304, 36-11-305 or 36-11-403, the lieutenant governor shall revoke the lobbyist license for one year as required by Subsection [36-11-401(3)]36-11-401(1) and give the lobbyist notice of the same, together with notice of the lobbyist's right to request a hearing under Section R623-1-9.

3. If the county or district attorney does not prosecute a possible violation under Sections 36-11-302 or 36-11-303, the lieutenant governor's office shall review the evidence to determine if a civil fine or suspension may be appropriate following the procedures for civil enforcement set forth in Section R623-1-7.

4. If a lobbyist is convicted of a violation of any of the Title 76 Criminal Code Sections referenced in Subsection [36-11-401(2)]36-11-401(4), suspension of up to three years or permanent revocation of the lobbyist license shall be imposed, but no civil fine may be imposed. The determination of whether to revoke or suspend a lobbyist license and for what length of time shall be made following the procedures for civil enforcement as provided by Section R623-1-7.

R623-1-9. Reinstatement of a Lobbyist License.

A. A lobbyist whose license is suspended or revoked may apply for reinstatement[ as provided by Section 36-11-402].

B. The lieutenant governor's office shall not reinstate any lobbyist license until the lobbyist pays any fines that have been imposed[ and the reinstatement fee provided by Section 36-11-402].

KEY: lobbyist

[December 20, 2001]2004

36-11-404

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Amy Naccarato or Leslie Barron at the above address, by phone at 801-538-1041 or 801-538-1526, by FAX at 801-538-1133 or 801-538-1133, or by Internet E-mail at anaccarato@utah.gov or lbarron@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.