36-11-501.  Unlawful harassment — Investigation — Penalties.

(1)  A lobbyist may not engage in conduct that violates:

Terms Used In Utah Code 36-11-501

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  federal workplace discrimination and harassment requirements;

    (b)  Utah Senate or Utah House policies governing workplace discrimination or harassment;

    (c)  Utah executive branch policies governing workplace discrimination or harassment; or

    (d)  any combination of Subsections (1)(a), (b), or (c).

    (2) 

    (a)  The lieutenant governor may take an action described in Subsection (3) against a lobbyist if the lieutenant governor finds, after giving the lobbyist notice and an opportunity to be heard, that the lobbyist engaged in a serious violation, or multiple violations, of this section.

    (b)  The lieutenant governor shall post on the lieutenant governor’s website a copy of the Utah Senate’s harassment policy, the Utah House’s harassment policy, and the executive branch’s harassment policies.

    (3)  If the lieutenant governor makes a finding described in Subsection (2)(a), the lieutenant governor may, taking into account the seriousness of the violation or the seriousness or frequency of multiple violations, do either or both of the following:

    (a)  impose an administrative fine against the lobbyist, not to exceed $2,000; or

    (b)  suspend the lobbyist’s license for a period of up to five years.

    (4)  A record that relates to an investigation under this section is a protected record, to the extent permitted by Title 63G, Chapter 2, Government Records Access and Management Act.

    (5) 

    (a)  A lobbyist who is a victim of workplace discrimination or harassment by an executive worker may file a complaint under the state executive branch’s applicable workplace discrimination and harassment policy.

    (b)  A lobbyist who is a victim of workplace discrimination or harassment by a legislative worker may file a complaint under the Utah Senate’s workplace discrimination and harassment policy or the Utah House’s workplace discrimination and harassment policy.

    Enacted by Chapter 339, 2019 General Session