Amend the bill, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ___. Section 2-17-10(13) of the 1976 Code is amended to read:
"(13) 'Lobbyist' means any person who is employed, appointed, or retained, with or without compensation, by another person to influence by direct communication with public officials or public employees: (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation; (ii) the vote of any public official on any state agency, board, or commission concerning any covered agency actions; or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions. 'Lobbyist' also means any person who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning to influence by direct communication with public officials or public employees: (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation; (ii) the vote of any public official of any state agency, board, or commission concerning any covered agency actions; or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions. 'Lobbyist' does not include:
(a) an individual who receives no compensation to engage in lobbying and who expresses a personal opinion on legislation, covered gubernatorial actions, or covered agency actions to any public official or public employee;
(b) a person who appears only before public sessions of committees or subcommittees of the General Assembly, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, or proceedings of any court of this State;
(c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or a political subdivision thereof, or a member of the judiciary when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official's or employee's duties;
(d)
(e) a person who provides written information in response to a written request from any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer or from their respective public employees acting within the scope of employment, for technical advice or factual information regarding legislation;
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ____. Chapter 17, Title 2 of the 1976 Code of Laws is amended by adding:
"Section2-17-10(22) 'Consultant' means any person who is employed, appointed, or retained, with or without compensation, by a lobbyist or a lobbyist's principal to perform professional services in drafting legislation or in advising and rendering opinions to lobbyists or a lobbyist's principal, or to any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer on behalf of a lobbyist or lobbyist's principal as to the construction and effect of proposed or pending legislation and strategies for a lobbyist or lobbyist's principal in its lobbying activities. This includes, but is not limited to, accompanying a lobbyist or lobbyist's principal during lobbying activities or communicating on behalf of a lobbyist or lobbyist's principal for any action contained within the definition of 'lobbying' as defined by Section 2-17-10(12) or 'lobbyist' as defined by Section 2-17-10(13). 'Consultant' does not include:
(a) a person registered as a lobbyist pursuant to Section 2-17-20;
(b) an individual who receives no compensation and who expresses a personal opinion on legislation, covered gubernatorial actions, or covered agency actions to any public official or public employee;
(c) a person who appears only before public sessions of committees or subcommittees of the General Assembly, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, or proceedings of any court of this State;
(d) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or a political subdivision thereof, or a member of the judiciary when appearing solely on matters pertaining to his office and public duties;
(e) a person who provides written information in response to a written request from any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer or from their respective public employees acting within the scope of employment, for technical advice or factual information regarding legislation;
(f) a person who owns, publishes, or is employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals if such person represents no other person in lobbying for legislation, covered agency actions, or covered gubernatorial actions. This exception applies to the publication of any periodical which is published and distributed by a membership organization to its subscribers at least twelve times annually and for which an annual subscription charge of at least one dollar fifty cents a subscriber is made." /
Amend the bill further, as and if amended by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ____. Title 2, Chapter 17 of the 1976 Code is amended by adding:
"Section 2-17-21. (A) Any person who acts as a consultant must, within fifteen days of being employed, appointed, or retained as a consultant, register with the State Ethics Commission as provided in this section. Each person registering must pay a fee of two hundred dollars. If a partnership, committee, association, corporation, labor organization, or any other organization or group of persons registers as a consultant, it must identify each person who will act as a consultant on its behalf during the covered period.
(B) The registration must be in a form prescribed by the State Ethics Commission and be limited to and contain:
(1) the consultant's full name and address, telephone number, occupation, name of employer, principal place of business, and position held in that business by the lobbyist;
(2) an identification of the public office or public body and the subject matter which the consultant will assist a lobbyist or lobbyist's principal, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known;
(3) an identification of the lobbyist or lobbyist's principal for which the consultant will provide consulting services, including the lobbyist's or lobbyist principal's name, address and telephone number; and
(4) certification by the consultant that the information contained on the registration statement is true and correct.
(5) If a consultant fails to identify the public office or public body for which he provides consulting services to a lobbyist or a lobbyist's principal as required by item (2) of this subsection, then the consultant is deemed to be a consultant as to all public offices or public bodies of the State.
(C) Each consultant who ceases to engage in activities requiring him to register pursuant to the provisions of this section shall file a written statement with the State Ethics Commission acknowledging the termination of the consulting services. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-75(A)(5), 2-17-75(B)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the consultant was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each consultant who files a written statement of termination pursuant to the provisions of this section must file reports required by this chapter for any reporting period during which the consultant was registered pursuant to the provisions of this section.
(D) A consultant must file a supplemental registration statement indicating any substantial change in the information contained in the prior registration statement within fifteen days after the date of the change.
(E) The State Ethics Commission annually must furnish to each chairman of standing and special committees of the General Assembly, each member of the General Assembly, and each statewide constitutional officer a list of all consultants registered with that office. The State Ethics Commission must furnish monthly updates to the same persons. These lists must be available to state agency heads upon request.
(F) Each consultant must maintain for not less than four years records which must be available to the State Ethics Commission for inspection and which must contain:
(1) the identification of each person from whom income is attributable to the consultant's services to a lobbyist or lobbyist's principal is paid or promised and the amount of such income; and
(2) the total expenditures of the consultant for the consulting services pursuant to this chapter.
(G) A consultant must reregister annually with the State Ethics Commission by January fifth of each year.
(H) The State Ethics Commission shall not allow a consultant to register, reregister, or continue to be registered pursuant to this section until the consultant complies with the reporting requirements pursuant to this section and pays all late filing penalties in accordance with Section 2-17-50 and all complaint fines levied by the State Ethics Commission." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ___. Section 2-17-20(B) of the 1976 Code is amended to read:
"(B) The registration must be in a form prescribed by the State Ethics Commission and be limited to and contain:
(1) the lobbyist's full name and address, telephone number, occupation, name of employer, principal place of business, and position held in that business by the lobbyist;
(2) an identification of the public office or public body which the lobbyist will engage in lobbying and the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and
(3) an identification of any consultant which the lobbyist will engage and the amount paid to the consultant, if applicable; and
(3)(4) certification by the lobbyist that the information contained on the registration statement is true and correct.
(4)(5) If a lobbyist fails to identify the public office or public body for which he is authorized to engage in lobbying, as required by item (2) of this subsection, then the lobbyist's principal for whom the lobbyist is authorized to engage in lobbying is deemed a lobbyist's principal as to all public offices or public bodies of the State." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION___. Section 2-17-20(F) of the 1976 Code is amended to read:
"(F) Each lobbyist must maintain for not less than four years records which must be available to the State Ethics Commission for inspection and which must contain:
(1) the identification of each person from whom income attributable to the lobbyist's lobbying is paid or promised and the amount of such income attributable to the lobbyist's lobbying paid or promised; and
(2) the identification of any consultant which the lobbyist engaged and the amount paid to the consultant; and
(2)(3) the total expenditures of the lobbyist for lobbying." /
Amend the bill, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ___. Section 2-17-25(B) of the 1976 Code is amended to read:
"(B) The registration must be in a form prescribed by the State Ethics Commission and be limited to and include:
(1) the full name, address, and telephone number of the lobbyist's principal. If the lobbyist's principal is an individual, the lobbyist's principal also shall include his occupation, name of employer, principal place of business, and position of authority held in that business by the lobbyist's principal;
(2) an identification of each person the lobbyist's principal expects to employ, appoint, or retain as a lobbyist;
(3) an identification of the public office or public body which the lobbyist's principal will authorize lobbying and the subject matter in which the lobbyist's principal will authorize lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and
(4) an identification of any consultant which the lobbyist's principal will engage and the amount paid to the consultant, if applicable; and
(4)(5) certification by the lobbyist's principal that the information contained on the registration statement is true and correct.
(5) If a lobbyist's principal fails to identify the public office or public body for which he has authorized lobbying as required by item (3) of this subsection, then the lobbyist's principal is deemed a lobbyist's principal as to all public offices or public bodies of the State.
A lobbyist's principal may comply with the requirements of items (1), (2), and (3) above by attaching a copy of the information submitted by any lobbyist employed, retained, or appointed by the lobbyist's principal if the information requested from the lobbyist's principal is the same as the information supplied by the lobbyist pursuant to Section 2-17-20." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION__. Section 2-17-25(F) of the 1976 Code is amended to read:
"(F) Each lobbyist's principal must maintain for not less than four years records which must be available to the State Ethics Commission for inspection and which must contain:
(1) the identification of each person to whom income attributable to lobbying is paid or promised and the amount of such income attributable to lobbying paid or promised;
(2) the identification of any consultant which the lobbyist's principal engaged and the amount paid to the consultant; and
(2)(3) the total expenditures of the lobbyist's principal for lobbying; and
(3)(4) in the case of a voluntary membership organization, dues, fees, or other amounts payable to the organization during any calendar year from a member need be recorded only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION___ . Section 2-17-30(A)(5) of the 1976 Code is amended to read:
"(5)(a) a complete and itemized account of the totals of all amounts expended by a lobbyist in the performance of his lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter;
(b) any expenditure directly or indirectly related to lobbying, including the use of a consultant, if expended while engaged in the general course of lobbying and if reimbursed by the lobbyist's principal;" /
Amend the bill further, as and if amended, adding an appropriately numbered SECTION in PART I to read:
/ SECTION__. Section 2-17-35(5)(a) of the 1976 Code is amended to read:
"(5)(a) a complete and itemized account of all amounts expended by a lobbyist's principal for lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter;
(b) any expenditure directly or indirectly related to lobbying, including the use of a consultant, if expended while a lobbyist's principal or his lobbyist is engaged in the general course of lobbying;" /
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION__. Chapter 17, Title 2 of the 1976 Code of Laws is amended by adding:
Section 2-17-37. (A) Each consultant, no later than July tenth and January tenth of each year, must file a report with the State Ethics Commission covering that consultant's expenditures attributable to consulting services during that filing period. The filing periods are from January first to June thirtieth for the July tenth report, and are from July first to December thirty-first for the January tenth report. Any consulting services not reflected on the July tenth report and not reported on a statement of termination pursuant to Section 2-17-21 must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:
(1) the full name, address, and telephone number of the reporting consultant;
(2) an identification of each lobbyist or lobbyist's principal for whom consulting services were rendered during the covered period;
(3) the official name, number, or description, designated by the House or Senate or by an agency, of legislation, covered agency actions, or covered gubernatorial actions for which the consultant engaged in consulting services during the covered period;
(4) the identification of each person to whom income attributable to the lobbyist's lobbying is paid or promised and the amount of the income attributable to the lobbyist's lobbying paid or promised;
(5)(a) a complete and itemized account of all amounts expended by a lobbyist's principal for lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter;
(b) any expenditure directly or indirectly related to lobbying if expended while a lobbyist's principal or his lobbyist is engaged in the general course of lobbying;
(6) a statement detailing any direct business association of a consultant with any current member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees. For the purposes of this item, direct business association does not include:
(a) ownership interests held by a consultant and a member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees in the same corporation or partnership unless the interest of each exceeds five percent of the total shares outstanding or partnership interests in the entity; or
(b) any commercial transaction between a consultant and a member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees in which the fair market value of the goods transferred or services rendered is paid;
(7) any contribution, as defined by Section 8-13-1300(7), made by the consultant to any candidate or public official, including an itemization of:
(a) the name and address of the public official or candidate to whom the contribution was made;
(b) the amount of the contribution;
(c) the date of the contribution;
(8) in the case of a voluntary membership organization, dues, fees, or other amounts payable to the organization during any calendar year from a member need be recorded only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year.
(B) Where total amounts are required to be reported, totals must be reported both for the period covered and for the entire calendar year to date.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ___. Section 2-17-40(A) of the 1976 Code is amended by adding an item at the end to read:
"(5) an identification of any consultant which the agency or department engages and the amount paid to the consultant." /
Amend the bill, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ___. Section 2-17-65 of the 1976 Code is amended to read:
"Section 2-17-65. (A) The State Ethics Commission shall conduct periodic reviews of reports filed with the State Ethics Commission so as to ascertain whether any consultant, lobbyist or lobbyist's principal has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file notices and reports as are necessary to satisfy the requirements of this chapter or regulations prescribed by the State Ethics Commission under this chapter.
(B) The State Ethics Commission, upon a failure by any consultant, lobbyist or lobbyist's principal to comply fully and accurately with the disclosure requirements of this chapter, may conduct audits of the records of the consultant, lobbyist or the lobbyist's principal to verify the accuracy of the information provided by the consultant, lobbyist or the lobbyist's principal according to the requirements of this chapter. However, the State Ethics Commission shall limit his its audit of those records of a consultant, lobbyist or a lobbyist's principal to matters within the scope of lobbying.
(C) If, after notification by the State Ethics Commission that a required statement has not been filed, the person fails to file the necessary notices and reports, the State Ethics Commission shall, upon a finding of probable cause, file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ___. Title 2, Chapter 17 of the 1976 Code is amended by adding:
"Section 2-17-75 (A) A consultant shall not offer, solicit, facilitate, or provide to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of value.
(B) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees shall not solicit or receive from a consultant any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of value.
(C) Subsections (A) and (B) of this section do not apply to the furnishing of lodging, transportation, entertainment, food, meals, beverages, or any other thing of value which also is furnished on the same terms or at the same expense to a member of the general public without regard to status as a public official or public employee.
(D) Subsections (A)(1), (A)(2), (B)(1), and (B)(2) of this section do not apply to the rendering of emergency assistance given gratuitously and in good faith by a consultant or any person acting on behalf of a consultant to any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees.
(E) Subsections (A) and (B) do not apply to anything of value given to a family member for love and affection." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ___. Section 2-17-110 of the 1976 Code is amended to read:
"Section 2-17-110. (A) A lobbyist may not solicit or accept compensation dependent in any manner upon the passage or defeat of any pending or proposed legislation, covered agency actions, or covered gubernatorial actions. A lobbyist's principal may not employ, appoint, or retain a lobbyist for compensation dependent in any manner upon the passage or defeat of any pending or proposed legislation, covered agency actions, or covered gubernatorial actions.
(B) A lobbyist may not cause the introduction of legislation, covered agency actions, or covered gubernatorial actions for the purpose of obtaining employment to engage in lobbying in support of or in opposition to the action.
(C) A lobbyist may not serve as a treasurer for a candidate, as defined in Section 8-13-1300(4).
(D) A lobbyist may not serve as a member of a state board or state commission, except that any lobbyist serving as a member of a state board or a state commission before January 1, 1991, may continue to serve as a member of the same state board or state commission until the end of his current term.
(E) A lobbyist or consultant, including a lobbyist who is a former member of the General Assembly, may not enter the floor of the House of Representatives or the Senate unless invited by the membership of the respective chamber during a session of the General Assembly.
(F) A consultant, lobbyist, a lobbyist's principal, or a person acting on behalf of a consultant, lobbyist or a lobbyist's principal may not host events to raise funds for public officials. No public official may solicit a consultant, lobbyist, a lobbyist's principal, or a person acting on behalf of a consultant, lobbyist or a lobbyist's principal to host a fundraising event for the public official.
(G) A consultant, lobbyist, a lobbyist's principal, or a person acting on behalf of a consultant, lobbyist or a lobbyist's principal may not employ on retainer a public official, a public employee, a member of the immediate family of a public official or public employee, or a firm or organization in which the public official or public employee has an economic interest. A retainer, for purposes of this section, is a payment for availability to perform services rather than for actual services rendered.
(H) A consultant, lobbyist, a lobbyist's principal, or a person acting on behalf of a consultant, lobbyist or a lobbyist's principal shall not pay an honorarium to a public official or a public employee. This subsection does not prohibit the reimbursement of or expenditure for actual expenses by a lobbyist's principal as allowed in Section 2-17-100.
(I) A consultant, lobbyist, a lobbyist's principal, or a person acting on behalf of a consultant, lobbyist or a lobbyist's principal may not offer, facilitate, or provide a loan to or on behalf of a statewide constitutional officer or a member of the General Assembly unless the lobbyist's principal is a financial institution authorized to transact business in the State and makes the loan in the ordinary course of business.
(J) A consultant, lobbyist, a lobbyist's principal, or a person acting on behalf of a consultant, lobbyist or a lobbyist's principal shall not offer or provide contributions or any other type of funds or financial assistance to a legislative special interest caucus as defined in Section 2-17-10(21)." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ___. Section 2-17-130 of the 1976 Code is amended to read:
"Section 2-17-130. (A) A consultant, lobbyist or a lobbyist's principal who wilfully violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than one year, or both. In addition, any lobbyist or lobbyist's principal convicted of or pleading guilty or nolo contendere to a misdemeanor under the provisions of this section is barred from acting as a lobbyist or a lobbyist's principal for a period of three years from the date of the conviction.
(B) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees who wilfully violate the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than one year, or both.
(C) The payment of any fines does not in any way excuse or exempt any person required to file from the filing requirements of this chapter."
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION in PART I to read:
/ SECTION ___. Section 8-13-320(10)(h) of the 1976 Code is amended to read:
(h) The commission must afford a public official, public member, public employee, lobbyist, or lobbyist's principal, or consultant who is the subject of a complaint the opportunity to be heard on the alleged violation under oath, the opportunity to offer information, and the appropriate due process rights including, but not limited to, the right to counsel. The commission, in its discretion, may turn over to the Attorney General for prosecution apparent evidence of a violation of the chapter.
/EFFECTIVE DATE LANGUAGE
Renumber sections to conform.
Amend title to conform.