(1)  As used in this section, “conflict of interest” means a circumstance where:

Terms Used In Utah Code 36-11-306

  • Lobbyist: means :
(i) an individual who is employed by a principal; or
(ii) an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102
  • Principal: means a person that employs an individual to perform lobbying, either as an employee or as an independent contractor. See Utah Code 36-11-102
  • Writing: includes :Utah Code 68-3-12.5
  • (a)  the representation of one principal or client will be directly adverse to another principal or client; or

    (b)  there is a significant risk that the representation of one or more principals or clients will be materially limited by the lobbyist‘s responsibilities to:

    (i)  another principal or client; or

    (ii)  a personal interest of the lobbyist.

    (2)  Except as provided in Subsection (3), a lobbyist may not represent a principal or client if the representation involves a conflict of interest.

    (3)  Notwithstanding the existence of a conflict of interest, a lobbyist may represent a principal or client if:

    (a)  the lobbyist reasonably believes that the lobbyist will be able to provide competent and diligent representation to each principal or client;

    (b)  the representation is not otherwise prohibited by law;

    (c)  the representation does not require the lobbyist to assert a position on behalf of one principal or client that is opposed to the position of another principal or client represented by the lobbyist involving the same legislative issue; and

    (d)  each affected principal or client gives informed consent to the conflict of interest in writing.

    Enacted by Chapter 233, 2007 General Session