Licensing requirements.

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  • (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.
    • (b) The lieutenant governor shall issue licenses to qualified lobbyists.
    • (c) The lieutenant governor shall prepare a Lobbyist License Application Form that includes:
      • (i) a place for the lobbyist's name and business address;
      • (ii) a place for the following information for each principal for whom the lobbyist works or is hired as an independent contractor:
        • (A) the principal's name;
        • (B) the principal's business address;
        • (C) the name of each public official that the principal employs and the nature of the employment with the public official; and
        • (D) the general purposes, interests, and nature of the principal;
      • (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;
      • (iv) a place for the lobbyist to disclose:
        • (A) any elected or appointed position that the lobbyist holds in state or local government, if any; and
        • (B) the name of each public official that the lobbyist employs and the nature of the employment with the public official, if any;
      • (v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist will be reimbursed; and
      • (vi) 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)
    • (a) Except as provided in Subsection (4), the lieutenant governor shall grant a lobbying license to an applicant who:
      • (i) files an application with the lieutenant governor that contains the information required by this section;
      • (ii) completes the training required by Section 36-11-307; and
      • (iii) pays a $60 licensing fee.
    • (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)
    • (a) The lieutenant governor may disapprove an application for a lobbying license:
      • (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;
      • (ii) if, within one year before the date of the lobbying license application, the applicant is convicted of a violation of:
        • (A) Section 76-8-104; or
        • (B) Section 76-9-102, if the violation is a misdemeanor that occurs at an official meeting;
      • (iii) during the term of any suspension imposed under Section 36-11-401;
      • (iv) if the applicant has not complied with Subsection 36-11-307(6);
      • (v) during the term of a suspension imposed under Subsection 36-11-501(3);
      • (vi) if the lobbyist fails to pay a fine imposed under Subsection 36-11-501(3);
      • (vii) if, within one year before the date of the lobbying license application, the applicant has been found to have willingly and knowingly:
        • (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
        • (B) filed a document required by this chapter that the lobbyist knew contained materially false information or omitted material information; or
      • (viii) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter 24, Lobbying Restrictions Act.
    • (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.





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