Bill Summary – FastDemocracy

Enrolled Copy                                                                           S.B. 173
                       DISORDERLY CONDUCT AMENDMENTS
                                    2020 GENERAL SESSION
                                         STATE OF UTAH
                                Chief Sponsor: Don L. Ipson
                                 House Sponsor: Lee B. Perry
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 LONG TITLE
 General Description:
       This bill amends criminal provisions relating to disorderly conduct.
 Highlighted Provisions:
       This bill:
       < defines terms;
       < modifies the elements of, and penalties for, disorderly conduct;
       < provides increased penalties for violations that occur at an official meeting;
       < repeals a criminal provision relating to disrupting legislative or official meetings;
 and
       < makes technical changes.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       None
 Utah Code Sections Affected:
 AMENDS:
       36-11-103, as last amended by Laws of Utah 2019, Chapter 339
       36-11-401, as last amended by Laws of Utah 2019, Chapter 339
       76-3-203.1, as last amended by Laws of Utah 2016, Chapter 130
       76-3-203.3, as last amended by Laws of Utah 2007, Chapter 229
       76-9-102, as last amended by Laws of Utah 2016, Chapter 245
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         76-9-802, as last amended by Laws of Utah 2009, Chapters 157 and 356
         76-9-902, as enacted by Laws of Utah 2009, Chapter 86
 REPEALS:
         76-8-304, as last amended by Laws of Utah 1992, Chapter 30
33
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 36-11-103 is amended to read:
         36-11-103. Licensing requirements.
         (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
 registration 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
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       Enrolled Copy                                                                               S.B. 173
 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 filing 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 [the applicant has been convicted of violating Section 76-8-104 or 76-8-304],
 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);
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         (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 license 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.
         Section 2. Section 36-11-401 is amended to read:
         36-11-401. Penalties.
         (1) Any person who intentionally violates Section 36-11-103, 36-11-201, 36-11-301,
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        Enrolled Copy                                                                            S.B. 173
 36-11-302, 36-11-303, 36-11-304, 36-11-305, or 36-11-403, is subject to the following
 penalties:
        (a) an administrative penalty of up to $1,000 for each violation; and
        (b) for each subsequent violation of that same section within 24 months, either:
        (i) an administrative penalty of up to $5,000; or
        (ii) suspension of the violator's lobbying license for up to one year, if the person is a
 lobbyist.
        (2) Any person who intentionally fails to file a financial report required by this chapter,
 omits material information from a license application form or financial report, or files false
 information on a license application form or financial report, is subject to the following
 penalties:
        (a) an administrative penalty of up to $1,000 for each violation; or
        (b) suspension of the violator's lobbying license for up to one year, if the person is a
 lobbyist.
        (3) Any person who intentionally fails to file a financial report required by this chapter
 on the date that it is due shall, in addition to the penalties, if any, imposed under Subsection (1)
 or (2), pay a penalty of up to $50 per day for each day that the report is late.
        (4) (a) When a lobbyist is convicted of violating Section 76-8-103, 76-8-107, 76-8-108,
 or 76-8-303, the lieutenant governor shall suspend the lobbyist's license for up to five years
 from the date of the conviction.
        (b) When a lobbyist is convicted of violating Section 76-8-104 [or 76-8-304], or
 Section 76-9-102 if the violation is a misdemeanor that occurs at an official meeting, the
 lieutenant governor shall suspend a lobbyist's license for up to one year from the date of
 conviction.
        (5) (a) Any person who intentionally violates Section 36-11-301, 36-11-302, or
 36-11-303 is guilty of a class B misdemeanor.
        (b) The lieutenant governor shall suspend the lobbyist license of any person convicted
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 under any of these sections for up to one year.
        (c) The suspension shall be in addition to any administrative penalties imposed by the
 lieutenant governor under this section.
        (d) Any person with evidence of a possible violation of this chapter may submit that
 evidence to the lieutenant governor for investigation and resolution.
        (6) Nothing in this chapter creates a third-party cause of action or appeal rights.
        Section 3. Section 76-3-203.1 is amended to read:
        76-3-203.1. Offenses committed in concert with two or more persons or in
 relation to a criminal street gang -- Notice -- Enhanced penalties.
        (1) As used in this section:
        (a) "Criminal street gang" has the same definition as in Section 76-9-802.
        (b) "In concert with two or more persons" means:
        (i) the defendant was aided or encouraged by at least two other persons in committing
 the offense and was aware of this aid or encouragement; and
        (ii) each of the other persons:
        (A) was physically present; or
        (B) participated as a party to any offense listed in Subsection (5).
        (c) "In concert with two or more persons" means, regarding intent:
        (i) other persons participating as parties need not have the intent to engage in the same
 offense or degree of offense as the defendant; and
        (ii) a minor is a party if the minor's actions would cause the minor to be a party if the
 minor were an adult.
        (2) A person who commits any offense listed in Subsection (5) is subject to an
 enhanced penalty for the offense as provided in Subsection (4) if the trier of fact finds beyond a
 reasonable doubt that the person acted:
        (a) in concert with two or more persons;
        (b) for the benefit of, at the direction of, or in association with any criminal street gang
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       Enrolled Copy                                                                            S.B. 173
 as defined in Section 76-9-802; or
        (c) to gain recognition, acceptance, membership, or increased status with a criminal
 street gang as defined in Section 76-9-802.
        (3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to
 be subscribed upon the information or indictment notice that the defendant is subject to the
 enhanced penalties provided under this section.
        (4) The enhanced penalty for a:
        (a) class B misdemeanor is a class A misdemeanor;
        (b) class A misdemeanor is a third degree felony;
        (c) third degree felony is a second degree felony;
        (d) second degree felony is a first degree felony; and
        (e) first degree felony is an indeterminate prison term of not less than five years in
 addition to the statutory minimum prison term for the offense, and which may be for life.
        (5) Offenses referred to in Subsection (2) are:
        (a) any criminal violation of the following chapters of Title 58, Occupations and
 Professions:
        (i) Chapter 37, Utah Controlled Substances Act;
        (ii) Chapter 37a, Utah Drug Paraphernalia Act;
        (iii) Chapter 37b, Imitation Controlled Substances Act; or
        (iv) Chapter 37c, Utah Controlled Substance Precursor Act;
        (b) assault and related offenses under Title 76, Chapter 5, Part 1, Assault and Related
 Offenses;
        (c) any criminal homicide offense under Title 76, Chapter 5, Part 2, Criminal
 Homicide;
        (d) kidnapping and related offenses under Title 76, Chapter 5, Part 3, Kidnapping,
 Trafficking, and Smuggling;
        (e) any felony sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
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          (f) sexual exploitation of a minor as defined in Section 76-5b-201;
          (g) any property destruction offense under Title 76, Chapter 6, Part 1, Property
 Destruction;
          (h) burglary, criminal trespass, and related offenses under Title 76, Chapter 6, Part 2,
 Burglary and Criminal Trespass;
          (i) robbery and aggravated robbery under Title 76, Chapter 6, Part 3, Robbery;
          (j) theft and related offenses under Title 76, Chapter 6, Part 4, Theft, or Part 6, Retail
 Theft;
          (k) any fraud offense under Title 76, Chapter 6, Part 5, Fraud, except Sections
 76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513,
 76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;
          (l) any offense of obstructing government operations under Title 76, Chapter 8, Part 3,
 Obstructing Governmental Operations, except Sections 76-8-302, 76-8-303, [76-8-304,]
 76-8-307, 76-8-308, and 76-8-312;
          (m) tampering with a witness or other violation of Section 76-8-508;
          (n) retaliation against a witness, victim, informant, or other violation of Section
 76-8-508.3;
          (o) extortion or bribery to dismiss criminal proceeding as defined in Section 76-8-509;
          (p) any explosives offense under Title 76, Chapter 10, Part 3, Explosives;
          (q) any weapons offense under Title 76, Chapter 10, Part 5, Weapons;
          (r) pornographic and harmful materials and performances offenses under Title 76,
 Chapter 10, Part 12, Pornographic and Harmful Materials and Performances;
          (s) prostitution and related offenses under Title 76, Chapter 10, Part 13, Prostitution;
          (t) any violation of Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
          (u) any violation of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
          (v) communications fraud as defined in Section 76-10-1801;
          (w) any violation of Title 76, Chapter 10, Part 19, Money Laundering and Currency
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 Transaction Reporting Act; and
        (x) burglary of a research facility as defined in Section 76-10-2002.
        (6) It is not a bar to imposing the enhanced penalties under this section that the persons
 with whom the actor is alleged to have acted in concert are not identified, apprehended,
 charged, or convicted, or that any of those persons are charged with or convicted of a different
 or lesser offense.
        Section 4. Section 76-3-203.3 is amended to read:
        76-3-203.3. Penalty for hate crimes -- Civil rights violation.
        As used in this section:
        (1) "Primary offense" means those offenses provided in Subsection (4).
        (2) (a) A person who commits any primary offense with the intent to intimidate or
 terrorize another person or with reason to believe that his action would intimidate or terrorize
 that person is subject to Subsection (2)(b).
        (b) (i) A class C misdemeanor primary offense is a class B misdemeanor; and
        (ii) a class B misdemeanor primary offense is a class A misdemeanor.
        (3) "Intimidate or terrorize" means an act which causes the person to fear for his
 physical safety or damages the property of that person or another. The act must be
 accompanied with the intent to cause or has the effect of causing a person to reasonably fear to
 freely exercise or enjoy any right secured by the Constitution or laws of the state or by the
 Constitution or laws of the United States.
        (4) Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:
        (a) assault and related offenses unde