No. 39457 (Amendment): Section R623-1-4. Registration/License Application Procedure

(Amendment)

DAR File No.: 39457
Filed: 06/22/2015 02:53:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify the deadline for completing the required training.

Summary of the rule or change:

This rule requires lobbyist applicants to pay and train before the license becomes effective. The change will clarify the deadline for completing the required training in the first and second years of a two-year license period.

State statutory or constitutional authorization for this rule:

• Section 36-11-404

Anticipated cost or savings to:

the state budget:

The clarification of the deadline for completing the training in both years of a two-year license period will not have any impact on the state budget.

local governments:

The clarification of the deadline for completing the training in both years of a two-year license period will not have any impact on local government.

small businesses:

The clarification of the deadline for completing the training in both years of a two-year license period will not have any impact on small businesses.

persons other than small businesses, businesses, or local governmental entities:

The clarification of the deadline for completing the training in both years of a two-year license period will not have any impact on any other persons.

Compliance costs for affected persons:

The clarification of the deadline for completing the training in both years of a two-year license period will not have any impact on compliance costs.

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

The clarification of the deadline for completing the training in both years of a two-year license period will not have any impact on businesses.

Spencer Cox, Lieutenant Governor

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

Lieutenant Governor
Elections
Room 220 UTAH STATE CAPITOL
350 N STATE STREET
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Spencer Hadley at the above address, by phone at 801-538-1041, by FAX at 801-538-1133, or by Internet E-mail at [e-mail]

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:

08/14/2015

This rule may become effective on:

08/24/2015

Authorized by:

Mark Thomas, Chief Deputy

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. Pay the registration fee as required by 36-11-103 and successfully complete the training as required by 36-11-307.

(a) The training for the first year of a two-year license period must be completed before the registration can be approved.

(b) To maintain the license for the second year in a two-year license period, the training for that year must be completed within the first 60 days of the second year or before engaging in lobbying activity, whichever is first.

2. 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.

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- 103(4)(a)(i), and who has not had a civil penalty imposed as described in Section 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 reengage in lobbying activities, a reissued 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 add and delete principals and provide other notices electronically as prescribed by the lieutenant governor's office.

 

KEY: lobbyists, lobbyist registration

Date of Enactment or Last Substantive Amendment: [July 11, 2011]2015

Notice of Continuation: March 26, 2014

Authorizing, and Implemented or Interpreted Law: 36-11-404

 

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