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H.B. 110 Enrolled

                 

FINANCIAL DISCLOSURE REQUIREMENTS ON INITIATIVES

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Jackie Biskupski

                  AN ACT RELATING TO ELECTION LAW; CLARIFYING REQUIREMENTS FOR
                  REPORTING BY POLITICAL ISSUES COMMITTEES; ADDING ADDITIONAL REPORTING
                  REQUIREMENTS FOR PERSONS CIRCULATING INITIATIVE PETITIONS; AND MAKING
                  TECHNICAL CORRECTIONS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      20A-11-802, as last amended by Chapter 40, Laws of Utah 1998
                  ENACTS:
                      20A-7-205.5, Utah Code Annotated 1953
                      20A-7-206.5, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 20A-7-205.5 is enacted to read:
                      20A-7-205.5. Monthly reports.
                      (1) When petitions are being circulated by paid circulators, the sponsors of the initiative
                  shall file a report with the lieutenant governor on the last Tuesday in April and on the Tuesday
                  before the regular general election.
                      (2) The report shall contain:
                      (a) the names of the sponsors; and
                      (b) the name of the proposed measure for which petitions are being circulated by paid
                  circulators.
                      Section 2. Section 20A-7-206.5 is enacted to read:
                      20A-7-206.5. Financial disclosure -- Paid circulators.
                      (1) When the proponents of a proposed initiative have paid persons to circulate the
                  petition, the proponents shall, at the time the last initiative packet is filed with the county clerk,
                  file a form with the lieutenant governor detailing the amount of money paid per signature.


                      (2) The lieutenant governor shall develop a form to disclose the information required by this
                  section.
                      Section 3. Section 20A-11-802 is amended to read:
                       20A-11-802. Political issues committees -- Financial reporting.
                      (1) (a) Each registered political issues committee that has [made] received political issues
                  contributions totaling at least $750 or disbursed political issues expenditures [on current or proposed
                  ballot issues that total at least $750] totaling at least $50 during a calendar year on current or
                  proposed ballot propositions, or on initiative petitions to be submitted to the Legislature, shall file
                  a verified financial statement with the lieutenant governor's office on:
                      (i) January 5, reporting contributions and expenditures as of December 31 of the previous
                  year;
                      (ii) September 15; and
                      (iii) seven days before the regular general election.
                      (b) The political issues committee shall report:
                      (i) a detailed listing of all contributions received and expenditures made since the last
                  statement; and
                      (ii) for financial statements filed on September 15 and before the general election, all
                  contributions and expenditures as of three days before the required filing date of the financial
                  statement.
                      (c) The political issues committee need not file a statement under this section if it received
                  no contributions and made no expenditures during the reporting period.
                      (2) (a) That statement shall include:
                      (i) the name, address, and occupation of any individual that makes a political issues
                  contribution to the reporting political issues committee, and the amount of the political issues
                  contribution;
                      (ii) the identification of any publicly identified class of individuals that makes a political
                  issues contribution to the reporting political issues committee, and the amount of the political issues
                  contribution;

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                      (iii) the name and address of any political issues committee, group, or entity that makes a
                  political issues contribution to the reporting political issues committee, and the amount of the
                  political issues contribution;
                      (iv) the name and address of each reporting entity that makes a political issues contribution
                  to the reporting political issues committee, and the amount of the political issues contribution;
                      (v) for each nonmonetary contribution, the fair market value of the contribution;
                      (vi) the name and address of each individual, entity, or group of individuals or entities that
                  received a political issues expenditure of more than $50 from the reporting political issues
                  committee, and the amount of each political issues expenditure;
                      (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
                      (viii) the total amount of political issues contributions received and political issues
                  expenditures disbursed by the reporting political issues committee;
                      (ix) a paragraph signed by the political issues committee's treasurer or chief financial officer
                  verifying that, to the best of the signer's knowledge, the financial statement is accurate; and
                      (x) a summary page in the form required by the lieutenant governor that identifies:
                      (A) beginning balance;
                      (B) total contributions during the period since the last statement;
                      (C) total contributions to date;
                      (D) total expenditures during the period since the last statement; and
                      (E) total expenditures to date.
                      (b) (i) Political issues contributions received by a political issues committee that have a                   value
                  of $50 or less need not be reported individually, but shall be listed on the report as an aggregate total.
                      (ii) Two or more political issues contributions from the same source that have an aggregate
                  total of more than $50 may not be reported in the aggregate, but shall be reported separately.

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