| 1. | Who is required to register as a lobbyist? |
Any person who receives pay or other consideration to communicate
with legislative or executive branch officials to influence
legislative or administrative action is required to register
as a lobbyist. (For purposes of registration, "consideration"
includes reimbursement for lodging, food, transportation and
parking for more than five (5) days for a calendar year.)
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| 2. | When must an individual register as a lobbyist? |
An individual who is required to register must do so within five (5) days of becoming a lobbyist. For each additional client that the lobbyist obtains during the registration year, the lobbyist must file a registration for the client within five (5) days of the new engagement. (A faxed copy of a completed registration form may be filed.)
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| 3. | How do you register as a lobbyist? |
You must complete a lobbyist registration form for each client. The lobbyist and the employer or representative of the employer must both sign the registration form. For the first client, the registration form along with a $100 registration fee (See Question 12 for information on additional fees) must be filed with the Registry. For each additional client you must only file the completed registration form (no fee is required).
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| 4. | How long is your lobbyist registration active? |
All lobbyist registrations end on December 31 of each year. A lobbyist must reregister each calendar year. Letters will be sent to lobbyists who were registered in the previous year notifying them that their registration(s) has expired and that they must complete new lobbyist registration form in order to be registered for the new calendar year.
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| 5. | What reports must be filed by a lobbyist? |
A lobbyist is required to file two activities reports for each registration year. The mid-year activities report covers the period from the beginning of your lobbying activity in the calendar year through June 30. This report should be filed with the Registry by July 30. If legislative session lasts past June 30, then the mid-year report lasts through the last day of session and the report is due 30 days after.
The year-end activities report covers the period from the end of the mid-year report through December 31. The report should be filed with the Registry by January 31.
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| 6. | What information must be disclosed in a lobbying activities report? |
1) The details of any direct business arrangement or partnership with any candidate for state public office or any official in the legislative or executive branch and
2) An itemized list by date, beneficiary and circumstance of each political contribution of more than $100 made by a lobbyist or anyone acting at the specific direction of the lobbyist to benefit a candidate for state public office, a legislative branch official or an official in the executive branch.
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| 7. | What are the penalties for failing to timely register as a lobbyist or to timely file a lobbying activities report? |
The Registry has the authority to assess $25 a day for the late filing of a lobbyist registration up to a maximum of $750. Additionally, the Registry may suspend the lobbyist's registration and suspend his/her lobbying privileges up to two (2) years.
For the late filing of an activities report, the Registry may assess $25 a day up to a maximum of $750. Also, the lobbyist's registration may be suspended, and the lobbyist may not be permitted to register again until the report is filed.
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| 8. | What are the restrictions on campaign contributions from lobbyists during legislative session? |
Under the campaign finance law, in odd numbered years, a member of the General Assembly may not solicit or accept contributions for the benefit of the member, any other candidate for the General Assembly, a gubernatorial candidate or a caucus, starting from the convening of organizational session and extending through the earlier of June 1 or the last day of session.
In even numbered years, this prohibition applies from the convening of regular session and extends through May 15 or the last day of session, whichever is earlier.
Additionally, under the lobbying law, a lobbyist, employer of a lobbyist or PAC controlled by a lobbyist or employer of a lobbyist is prohibited from making a contribution to a candidate for governor or member of the General Assembly during regular annual legislative session. (The Registry may assess a penalty of up to $10,000 for violation of this provision.)
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| 9. | What is the general gift prohibition under the Lobbyist Registration and Disclosure Law? |
A lobbyist or an employer of a lobbyist is prohibited from making a gift to a candidate for state public office, a legislative branch official, an executive branch official or to an immediate family member of such candidate or official. (Campaign contributions are not prohibited.) Likewise, such candidate, official or their immediate family members are prohibited from accepting or soliciting a gift from a lobbyist or employer of a lobbyist.
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| 10. | What are the exceptions to the general prohibition against gifts? |
1) Benefits as a result of a candidate's, official's or immediate family member's outside business or activities, if provided to others under similar circumstances.
2) Informational materials. (Ex.-books, videotapes, magazines.)
3) Personal gifts, if the gift is given for a non-business purpose and is motivated by a close personal friendship. (If a lobbyist provides the gift, her/she is not to be reimbursed by the employer.)
4) Sample merchandise, promotional items and appreciation tokens, if routinely given to customers or suppliers in the ordinary course of business. (Ex.-mugs, caps, t-shirts.)
5) Tokens or awards of appreciation for public service if not readily converted to cash. (Ex.-plaque, trophy, desk items.)
6) Opportunities and benefits made available to all members of an appropriate class of the general public. (Ex.-discounts, prizes in public contests, participation in in-state charitable events.)
7) Tickets to athletic events involving teams of in-state schools, colleges, and universities and other events sponsored by those institutions. (Ex.-UT football tickets.) Additionally, benefits of attendance at political events held in state, when provided as a courtesy to all candidates for an office or public officials of similar rank in the event's jurisdiction.
8) Expenses for out of state travel, if such travel is paid for, reimbursed or sponsored by a government or association of elected government officials or other group or association which is an umbrella organization for public officials.
9) Food, beverages, and entertainment provided in connection with a conference, if the conference is sponsored by an association of elected state government officials and/or staff of elected government officials, or any other group or association which is an umbrella organization for such officials and/or staff and if the state pays membership dues to such conference.
10) Food, beverage, or entertainment up to $50 provided in connection with an event to which the entire general assembly, a committee of either or both houses or a delegation from two or more senatorial districts is invited, up to a cumulative total of $500 per person during a calendar year. Ticket splitting by lobbyists is prohibited. (The $50 limit does not include sales tax or gratuity.)
11) Food, refreshments, entertainment, or intrastate travel expenses that are provided in connection with an event where the candidate, official, or immediate family member is a speaker or part of a panel discussion at a meeting of a membership organization that has regular meetings.
12) Health care services provided on state property and are offered as a courtesy to legislature or executive branch officials.
13) Travel expenses for intrastate ground travel for which no fare is ordinarily charged.
14) An activity hosted and/or funded by a city, county or chamber or commerce, where the entire General Assembly is invited to a special activity within the governmental entity's district.
15) Access to facilities or events sponsored by county and municipal groups, state colleges and universities, when access to the event or facilities is permitted to all members of the General Assembly, a legislative committee, or all members of the legislature whose districts are located within the county of the group, college or university.
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| 11. | What is the penalty for violating the general gift prohibition under the Lobbyist Registration and Disclosure Law? |
A first violation of this act could subject the violator to a civil penalty of 200% of the value of the illegal gift or $25, whichever is greater. Subsequent violations are punishable by a maximum civil penalty of $10,000. Additionally, a lobbyist violating the gift prohibition provisions more than one (1) time could have his/her lobbying privileges suspended for up to two (2) years. (A gift is not a violation if the recipient does not use the gift and returns it to the donor within the latter of ten (10) days of receipt or ten (10) days of knowing the gift is a violation of the law or if the recipient pays for the gift within the applicable ten (10) day period.)
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| 12. | What other fees are required to be paid by lobbyists? |
Registered lobbyists, except volunteer lobbyists, are subject to a $400 annual occupational privilege tax. You will receive a notice from the Department of Revenue, each year you are registered as a lobbyist, advising you where to send this payment and when it is due.
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| 13. | What about volunteer lobbyists? |
A volunteer lobbyist is a person who lobbys without receiving pay or consideration and who is not required to register as a lobbyist but chooses to do so.
A volunteer lobbyist who chooses to register is not required to pay the $100 registration fee or the $400 annual occupational privilege tax assessed by the Department of Revenue.
A volunteer lobbyist who chooses to register is required to file two activities reports for each year they are registered (See Question 5).
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