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House refuses to concur with Senate changes to lobbyist‑disclosure bill amid First Amendment objections

Utah House of Representatives · February 28, 1995
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Summary

Representative Jay Tanner led a successful motion Feb. 28 for the House to refuse concurrence with Senate amendments to Second Substitute House Bill 14 (lobbyist disclosure), citing constitutional concerns about language restricting covered purposes; the House asked the Senate to recede.

The Utah House on Feb. 28 voted to refuse to concur with Senate amendments to Second Substitute House Bill 14, the lobbyist‑disclosure reform, after a floor exchange that centered on a Senate‑inserted definition of a covered "purpose".

Representative Jay Tanner told colleagues the Senate amendment added two lines restricting reportable communications "unless the purpose is to directly influence the passage, defeat, amendment or postponement of legislative or executive action." He said that insertion was "an affront to the press and to the media" and raised serious First Amendment and constitutional questions that may prompt litigation, citing contacts with external organizations that expressed concern.

Several members echoed constitutional concerns. Representative Atkinson said, "We should not allow this bill to be amended and make a mockery of the First Amendment." Opponents of the motion argued the Senate had conducted lengthy debate and that the amendments reflected negotiated compromises, including raising a monetary reporting threshold that had been a point of earlier discussion.

After the debate the House voted to ask the Senate to recede from its amendments to House Bill 14; the motion carried and the action will be communicated back to the Senate for further action.