First Substitute H.B. 394

Senator Curtis S. Bramble proposes the following substitute bill:

1 CAMPAIGN FINANCE REVISIONS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: James A. Dunnigan
5 Senate Sponsor: John L. Valentine
6 Cosponsors:
7 Patrice M. Arent
8 Rebecca Chavez-Houck
9 Brad L. DeeSusan Duckworth
Francis D. Gibson
Lynn N. Hemingway
Dana L. LaytonMike K. McKell
Lee B. Perry
Jennifer M. Seelig 10
11 LONG TITLE
12 General Description:
13 This bill amends provisions of the Election Code relating to campaign finance, conflicts
14 of interest, and financial disclosures.
15 Highlighted Provisions:
16 This bill:
17 . defines terms;
18 . requires that a financial report include expenditures made by a reporting entity or an
19 agent (including a political consultant) of a reporting entity on behalf of the
20 reporting entity;
21 . provides that "contribution" includes a loan by a candidate to the candidate's own
22 campaign;
23 . defines "in-kind" contributions;
24 . provides that when a person makes a detailed listing that discloses or reports the

25 source of a contribution, discloses or reports the person or entity to whom a disbursement is
26 made, or discloses or reports the identity of a donor, the person:
27 . shall reveal the actual source of the contribution, the actual person or entity to
28 whom the disbursement is ultimately made, or the actual identity of the donor;
29 and
30 . may not merely list, disclose, or report the transactional intermediary;
31 . modifies required filing dates for a financial disclosure form filed by a regulated
32 officeholder;
33 . modifies and expands the information that a regulated officeholder is required to
34 disclose in a financial disclosure form, including information for the year preceding
35 the day on which the regulated officeholder files a financial disclosure form;
36 . expands disclosure provisions to include a regulated officeholder's involvement in
37 limited liability corporations and other entities;
38 . clarifies that a regulated officeholder may file an amended financial disclosure form
39 at any time;
40 . addresses the publication and retention of financial disclosure forms;
41 . establishes criminal and civil penalties for violating certain provisions of this bill
42 relating to the filing or content of a financial disclosure form;
43 . describes duties of the lieutenant governor for reviewing a financial disclosure form
44 and enforcing the provisions of this bill;
45 . provides that the lieutenant governor shall deposit a fine collected under this bill
46 into the General Fund as a dedicated credit to pay for the costs of administering the
47 provisions of this bill; and
48 . makes technical and conforming changes.
49 Money Appropriated in this Bill:
50 None
51 Other Special Clauses:
52 This bill provides an immediate effective date.
53 Utah Code Sections Affected:
54 AMENDS:
55 20A-11-101 , as last amended by Laws of Utah 2013, Chapters 86, 170, 318, and 420

56 20A-11-1601 , as enacted by Laws of Utah 2010, Chapter 12
57 20A-11-1602 , as enacted by Laws of Utah 2010, Chapter 12
58 20A-11-1603 , as last amended by Laws of Utah 2011, Chapter 297
59 ENACTS:
60 20A-11-101.3 , Utah Code Annotated 1953
61 20A-11-101.5 , Utah Code Annotated 1953
62 20A-11-1605 , Utah Code Annotated 1953
63 20A-12-301.5 , Utah Code Annotated 1953
64 RENUMBERS AND AMENDS:
65 20A-11-1604 , (Renumbered from 76-8-109, as last amended by Laws of Utah 2013,
66 Chapter 278)
67
68 Be it enacted by the Legislature of the state of Utah:
69 Section 1. Section 20A-11-101 is amended to read:
70 20A-11-101. Definitions.
71 As used in this chapter:
72 (1) "Address" means the number and street where an individual resides or where a
73 reporting entity has its principal office.
74 (2) "Agent of a reporting entity" means:
75 (a) a person acting on behalf of a reporting entity at the direction of the reporting
76 entity;
77 (b) a person employed by a reporting entity in the reporting entity's capacity as a
78 reporting entity;
79 (c) the personal campaign committee of a candidate or officeholder;
80 (d) a member of the personal campaign committee of a candidate or officeholder in the
81 member's capacity as a member of the personal campaign committee of the candidate or
82 officeholder; or
83 (e) a political consultant of a reporting entity.
84 [(2)] (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
85 amendments, and any other ballot propositions submitted to the voters that are authorized by
86 the Utah Code Annotated 1953.

87 [(3)] (4) "Candidate" means any person who:
88 (a) files a declaration of candidacy for a public office; or
89 (b) receives contributions, makes expenditures, or gives consent for any other person to
90 receive contributions or make expenditures to bring about the person's nomination or election
91 to a public office.
92 [(4)] (5) "Chief election officer" means:
93 (a) the lieutenant governor for state office candidates, legislative office candidates,
94 officeholders, political parties, political action committees, corporations, political issues
95 committees, state school board candidates, judges, and labor organizations, as defined in
96 Section 20A-11-1501 ; and
97 (b) the county clerk for local school board candidates.
98 [(5)] (6) (a) "Contribution" means any of the following when done for political
99 purposes:
100 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
101 value given to the filing entity;
102 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
103 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
104 anything of value to the filing entity;
105 (iii) any transfer of funds from another reporting entity to the filing entity;
106 (iv) compensation paid by any person or reporting entity other than the filing entity for
107 personal services provided without charge to the filing entity;
108 (v) remuneration from:
109 (A) any organization or its directly affiliated organization that has a registered lobbyist;
110 or
111 (B) any agency or subdivision of the state, including school districts; [and]
112 [(vi) goods or services provided to or for the benefit of the filing entity at less than fair
113 market value.]
114 (vi) a loan made by a candidate to the candidate's own campaign; and
115 (vii) in-kind contributions.
116 (b) "Contribution" does not include:
117 (i) services provided [without compensation] by individuals volunteering a portion or

118 all of their time on behalf of the filing entity if the services are provided without compensation
119 by the filing entity or any other person;
120 (ii) money lent to the filing entity by a financial institution in the ordinary course of
121 business; or
122 (iii) goods or services provided for the benefit of a candidate or political party at less
123 than fair market value that are not authorized by or coordinated with the candidate or political
124 party.
125 [(6)] (7) "Coordinated with" means that goods or services provided for the benefit of a
126 candidate or political party are provided:
127 (a) with the candidate's or political party's prior knowledge, if the candidate or political
128 party does not object;
129 (b) by agreement with the candidate or political party;
130 (c) in coordination with the candidate or political party; or
131 (d) using official logos, slogans, and similar elements belonging to a candidate or
132 political party.
133 [(7)] (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
134 organization that is registered as a corporation or is authorized to do business in a state and
135 makes any expenditure from corporate funds for:
136 (i) the purpose of expressly advocating for political purposes; or
137 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
138 proposition.
139 (b) "Corporation" does not mean:
140 (i) a business organization's political action committee or political issues committee; or
141 (ii) a business entity organized as a partnership or a sole proprietorship.
142 [(8)] (9) "County political party" means, for each registered political party, all of the
143 persons within a single county who, under definitions established by the political party, are
144 members of the registered political party.
145 [(9)] (10) "County political party officer" means a person whose name is required to be
146 submitted by a county political party to the lieutenant governor in accordance with Section
147 20A-8-402 .
148 [(10)] (11) "Detailed listing" means:

149 (a) for each contribution or public service assistance:
150 (i) the name and address of the individual or source making the contribution or public
151 service assistance;
152 (ii) the amount or value of the contribution or public service assistance; and
153 (iii) the date the contribution or public service assistance was made; and
154 (b) for each expenditure:
155 (i) the amount of the expenditure;
156 (ii) the person or entity to whom it was disbursed;
157 (iii) the specific purpose, item, or service acquired by the expenditure; and
158 (iv) the date the expenditure was made.
159 [(11)] (12) (a) "Donor" means a person that gives money, including a fee, due, or
160 assessment for membership in the corporation, to a corporation without receiving full and
161 adequate consideration for the money.
162 (b) "Donor" does not include a person that signs a statement that the corporation may
163 not use the money for an expenditure or political issues expenditure.
164 [(12)] (13) "Election" means each:
165 (a) regular general election;
166 (b) regular primary election; and
167 (c) special election at which candidates are eliminated and selected.
168 [(13)] (14) "Electioneering communication" means a communication that:
169 (a) has at least a value of $10,000;
170 (b) clearly identifies a candidate or judge; and
171 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
172 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
173 identified candidate's or judge's election date.
174 [(14)] (15) (a) "Expenditure" means any of the following made by a reporting entity or
175 an agent of a reporting entity on behalf of the reporting entity:
176 (i) any disbursement from contributions, receipts, or from the separate bank account
177 required by this chapter;
178 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
179 or anything of value made for political purposes;

180 (iii) an express, legally enforceable contract, promise, or agreement to make any
181 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
182 value for political purposes;
183 (iv) compensation paid by a filing entity for personal services rendered by a person
184 without charge to a reporting entity;
185 (v) a transfer of funds between the filing entity and a candidate's personal campaign
186 committee; or
187 (vi) goods or services provided by the filing entity to or for the benefit of another
188 reporting entity for political purposes at less than fair market value.
189 (b) "Expenditure" does not include:
190 (i) services provided without compensation by individuals volunteering a portion or all
191 of their time on behalf of a reporting entity;
192 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
193 business; or
194 (iii) anything listed in Subsection [(14)] (15)(a) that is given by a reporting entity to
195 candidates for office or officeholders in states other than Utah.
196 [(15)] (16) "Federal office" means the office of president of the United States, United
197 States Senator, or United States Representative.
198 [(16)] (17) "Filing entity" means the reporting entity that is required to file a financial
199 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
200 [(17)] (18) "Financial statement" includes any summary report, interim report, verified
201 financial statement, or other statement disclosing contributions, expenditures, receipts,
202 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
203 Retention Elections.
204 [(18)] (19) "Governing board" means the individual or group of individuals that
205 determine the candidates and committees that will receive expenditures from a political action
206 committee, political party, or corporation.
207 [(19)] (20) "Incorporation" means the process established by Title 10, Chapter 2, Part
208 1, Incorporation, by which a geographical area becomes legally recognized as a city or town.
209 [(20)] (21) "Incorporation election" means the election authorized by Section 10-2-111 .
210 [(21)] (22) "Incorporation petition" means a petition authorized by Section 10-2-109 .

211 [(22)] (23) "Individual" means a natural person.
212 (24) "In-kind contribution" means anything of value, other than money, that is accepted
213 by or coordinated with a filing entity.
214 [(23)] (25) "Interim report" means a report identifying the contributions received and
215 expenditures made since the last report.
216 [(24)] (26) "Legislative office" means the office of state senator, state representative,
217 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
218 assistant whip of any party caucus in either house of the Legislature.
219 [(25)] (27) "Legislative office candidate" means a person who:
220 (a) files a declaration of candidacy for the office of state senator or state representative;
221 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
222 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
223 assistant whip of any party caucus in either house of the Legislature; or
224 (c) receives contributions, makes expenditures, or gives consent for any other person to
225 receive contributions or make expenditures to bring about the person's nomination, election, or
226 appointment to a legislative office.
227 [(26)] (28) "Major political party" means either of the two registered political parties
228 that have the greatest number of members elected to the two houses of the Legislature.
229 [(27)] (29) "Officeholder" means a person who holds a public office.
230 [(28)] (30) "Party committee" means any committee organized by or authorized by the
231 governing board of a registered political party.
232 [(29)] (31) "Person" means both natural and legal persons, including individuals,
233 business organizations, personal campaign committees, party committees, political action
234 committees, political issues committees, and labor organizations, as defined in Section
235 20A-11-1501 .
236 [(30)] (32) "Personal campaign committee" means the committee appointed by a
237 candidate to act for the candidate as provided in this chapter.
238 [(31)] (33) "Personal use expenditure" has the same meaning as provided under Section
239 20A-11-104 .
240 [(32)] (34) (a) "Political action committee" means an entity, or any group of
241 individuals or entities within or outside this state, a major purpose of which is to:

242 (i) solicit or receive contributions from any other person, group, or entity for political
243 purposes; or
244 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
245 vote for or against any candidate or person seeking election to a municipal or county office.
246 (b) "Political action committee" includes groups affiliated with a registered political
247 party but not authorized or organized by the governing board of the registered political party
248 that receive contributions or makes expenditures for political purposes.
249 (c) "Political action committee" does not mean:
250 (i) a party committee;
251 (ii) any entity that provides goods or services to a candidate or committee in the regular
252 course of its business at the same price that would be provided to the general public;
253 (iii) an individual;
254 (iv) individuals who are related and who make contributions from a joint checking
255 account;
256 (v) a corporation, except a corporation a major purpose of which is to act as a political
257 action committee; or
258 (vi) a personal campaign committee.
259 (35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
260 by another person on behalf of and with the knowledge of the reporting entity, to provide
261 political advice to the reporting entity.
262 (b) "Political consultant" includes a circumstance described in Subsection (35)(a),
263 where the person:
264 (i) has already been paid, with money or other consideration;
265 (ii) expects to be paid in the future, with money or other consideration; or
266 (iii) understands that the person may, in the discretion of the reporting entity or another
267 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
268 money or other consideration.
269 [(33)] (36) "Political convention" means a county or state political convention held by
270 a registered political party to select candidates.
271 [(34)] (37) (a) "Political issues committee" means an entity, or any group of individuals
272 or entities within or outside this state, a major purpose of which is to:

273 (i) solicit or receive donations from any other person, group, or entity to assist in
274 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
275 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
276 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
277 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
278 proposed ballot proposition or an incorporation in an incorporation election; or
279 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
280 ballot or to assist in keeping a ballot proposition off the ballot.
281 (b) "Political issues committee" does not mean:
282 (i) a registered political party or a party committee;
283 (ii) any entity that provides goods or services to an individual or committee in the
284 regular course of its business at the same price that would be provided to the general public;
285 (iii) an individual;
286 (iv) individuals who are related and who make contributions from a joint checking
287 account; or
288 (v) a corporation, except a corporation a major purpose of which is to act as a political
289 issues committee.
290 [(35)] (38) (a) "Political issues contribution" means any of the following:
291 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
292 anything of value given to a political issues committee;
293 (ii) an express, legally enforceable contract, promise, or agreement to make a political
294 issues donation to influence the approval or defeat of any ballot proposition;
295 (iii) any transfer of funds received by a political issues committee from a reporting
296 entity;
297 (iv) compensation paid by another reporting entity for personal services rendered
298 without charge to a political issues committee; and
299 (v) goods or services provided to or for the benefit of a political issues committee at
300 less than fair market value.
301 (b) "Political issues contribution" does not include:
302 (i) services provided without compensation by individuals volunteering a portion or all
303 of their time on behalf of a political issues committee; or

304 (ii) money lent to a political issues committee by a financial institution in the ordinary
305 course of business.
306 [(36)] (39) (a) "Political issues expenditure" means any of the following when made by
307 a political issues committee or on behalf of a political issues committee by an agent of the
308 reporting entity:
309 (i) any payment from political issues contributions made for the purpose of influencing
310 the approval or the defeat of:
311 (A) a ballot proposition; or
312 (B) an incorporation petition or incorporation election;
313 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
314 the express purpose of influencing the approval or the defeat of:
315 (A) a ballot proposition; or
316 (B) an incorporation petition or incorporation election;
317 (iii) an express, legally enforceable contract, promise, or agreement to make any
318 political issues expenditure;
319 (iv) compensation paid by a reporting entity for personal services rendered by a person
320 without charge to a political issues committee; or
321 (v) goods or services provided to or for the benefit of another reporting entity at less
322 than fair market value.
323 (b) "Political issues expenditure" does not include:
324 (i) services provided without compensation by individuals volunteering a portion or all
325 of their time on behalf of a political issues committee; or
326 (ii) money lent to a political issues committee by a financial institution in the ordinary
327 course of business.
328 [(37)] (40) "Political purposes" means an act done with the intent or in a way to
329 influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
330 for or against any candidate or a person seeking a municipal or county office at any caucus,
331 political convention, or election.
332 [(38)] (41) (a) "Poll" means the survey of a person regarding the person's opinion or
333 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
334 ballot proposition that has legally qualified for placement on the ballot, which is conducted in

335 person or by telephone, facsimile, Internet, postal mail, or email.
336 (b) "Poll" does not include:
337 (i) a ballot; or
338 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
339 (A) the focus group consists of more than three, and less than thirteen, individuals; and
340 (B) all individuals in the focus group are present during the interview.
341 [(39)] (42) "Primary election" means any regular primary election held under the
342 election laws.
343 [(40)] (43) "Public office" means the office of governor, lieutenant governor, state
344 auditor, state treasurer, attorney general, state or local school board member, state senator, state
345 representative, speaker of the House of Representatives, president of the Senate, and the leader,
346 whip, and assistant whip of any party caucus in either house of the Legislature.
347 [(41)] (44) (a) "Public service assistance" means the following when given or provided
348 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
349 communicate with the officeholder's constituents:
350 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
351 money or anything of value to an officeholder; or
352 (ii) goods or services provided at less than fair market value to or for the benefit of the
353 officeholder.
354 (b) "Public service assistance" does not include:
355 (i) anything provided by the state;
356 (ii) services provided without compensation by individuals volunteering a portion or all
357 of their time on behalf of an officeholder;
358 (iii) money lent to an officeholder by a financial institution in the ordinary course of
359 business;
360 (iv) news coverage or any publication by the news media; or
361 (v) any article, story, or other coverage as part of any regular publication of any
362 organization unless substantially all the publication is devoted to information about the
363 officeholder.
364 [(42)] (45) "Publicly identified class of individuals" means a group of 50 or more
365 individuals sharing a common occupation, interest, or association that contribute to a political

366 action committee or political issues committee and whose names can be obtained by contacting
367 the political action committee or political issues committee upon whose financial statement the
368 individuals are listed.
369 [(43)] (46) "Receipts" means contributions and public service assistance.
370 [(44)] (47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
371 Lobbyist Disclosure and Regulation Act.
372 [(45)] (48) "Registered political action committee" means any political action
373 committee that is required by this chapter to file a statement of organization with the Office of
374 the Lieutenant Governor.
375 [(46)] (49) "Registered political issues committee" means any political issues
376 committee that is required by this chapter to file a statement of organization with the Office of
377 the Lieutenant Governor.
378 [(47)] (50) "Registered political party" means an organization of voters that:
379 (a) participated in the last regular general election and polled a total vote equal to 2%
380 or more of the total votes cast for all candidates for the United States House of Representatives
381 for any of its candidates for any office; or
382 (b) has complied with the petition and organizing procedures of Chapter 8, Political
383 Party Formation and Procedures.
384 [(48)] (51) (a) "Remuneration" means a payment:
385 (i) made to a legislator for the period the Legislature is in session; and
386 (ii) that is approximately equivalent to an amount a legislator would have earned
387 during the period the Legislature is in session in the legislator's ordinary course of business.
388 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
389 (i) the legislator's primary employer in the ordinary course of business; or
390 (ii) a person or entity in the ordinary course of business:
391 (A) because of the legislator's ownership interest in the entity; or
392 (B) for services rendered by the legislator on behalf of the person or entity.
393 [(49)] (52) "Reporting entity" means a candidate, a candidate's personal campaign
394 committee, a judge, a judge's personal campaign committee, an officeholder, a party
395 committee, a political action committee, a political issues committee, a corporation, or a labor
396 organization, as defined in Section 20A-11-1501 .

397 [(50)] (53) "School board office" means the office of state school board or local school
398 board.
399 [(51)] (54) (a) "Source" means the person or entity that is the legal owner of the
400 tangible or intangible asset that comprises the contribution.
401 (b) "Source" means, for political action committees and corporations, the political
402 action committee and the corporation as entities, not the contributors to the political action
403 committee or the owners or shareholders of the corporation.
404 [(52)] (55) "State office" means the offices of governor, lieutenant governor, attorney
405 general, state auditor, and state treasurer.
406 [(53)] (56) "State office candidate" means a person who:
407 (a) files a declaration of candidacy for a state office; or
408 (b) receives contributions, makes expenditures, or gives consent for any other person to
409 receive contributions or make expenditures to bring about the person's nomination, election, or
410 appointment to a state office.
411 [(54)] (57) "Summary report" means the year end report containing the summary of a
412 reporting entity's contributions and expenditures.
413 [(55)] (58) "Supervisory board" means the individual or group of individuals that
414 allocate expenditures from a political issues committee.
415 Section 2. Section 20A-11-101.3 is enacted to read:
416 20A-11-101.3. Detailed listing -- Rulemaking authority.
417 The director of elections, within the Lieutenant Governor's Office, may make rules, in
418 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in relation to the
419 form, type, and level of detail required in a detailed listing.
420 Section 3. Section 20A-11-101.5 is enacted to read:
421 20A-11-101.5. Disclosure of actual source or recipient required.
422 (1) As used in this section, "transactional intermediary" means a person, including a
423 credit card company, a financial institution, or a money transfer service, that pays or transfers
424 money to a person on behalf of another person.
425 (2) When, under this chapter, a person makes a detailed listing, discloses or reports the
426 source of a contribution, discloses or reports the person or entity to whom a disbursement is
427 made, or discloses or reports the identity of a donor, the person:

428 (a) shall reveal the actual source of the contribution, the actual person or entity to
429 whom the disbursement is ultimately made, or the actual identity of the donor; and
430 (b) may not merely list, disclose, or report the transactional intermediary.
431 Section 4. Section 20A-11-1601 is amended to read:
432 Part 16. Financial Disclosures
433 20A-11-1601. Title.
434 This part is known as ["Candidate] "Financial Disclosures."
435 Section 5. Section 20A-11-1602 is amended to read:
436 20A-11-1602. Definitions.
437 [(1) "Filing officer" is as defined in Section 20A-9-101 .]
438 As used in this part:
439 (1) "Conflict of interest" means an action that is taken by a regulated officeholder that
440 the officeholder reasonably believes may cause direct financial benefit or detriment to the
441 officeholder, a member of the officeholder's immediate family, or an entity that the officeholder
442 is required to disclose under the provisions of this section, if that benefit or detriment is
443 distinguishable from the effects of that action on the public or on the officeholder's profession,
444 occupation, or association generally.
445 (2) "Entity" means a corporation, a partnership, a limited liability company, a limited
446 partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint
447 venture, a governmental entity, an unincorporated organization, or any other legal entity,
448 regardless of whether it is established primarily for the purpose of gain or economic profit.
449 (3) "Immediate family" means the regulated officeholder's spouse, a child living in the
450 regulated officeholder's immediate household, or an individual claimed as a dependent for state
451 or federal income tax purposes by the regulated officeholder.
452 (4) "Income" means earnings, compensation, or any other payment made to an
453 individual for gain, regardless of source, whether denominated as wages, salary, commission,
454 pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses,
455 reimbursement, dividends, or otherwise.
456 (5) (a) "Owner or officer" means an individual who owns an ownership interest in an
457 entity or holds a position where the person has authority to manage, direct, control, or make
458 decisions for:

459 (i) the entity or a portion of the entity; or
460 (ii) an employee, agent, or independent contractor of the entity.
461 (b) "Owner or officer" includes:
462 (i) a member of a board of directors or other governing body of an entity; or
463 (ii) a partner in any type of partnership.
464 (6) "Preceding year" means the year immediately preceding the day on which the
465 regulated officeholder files a financial disclosure form.
466 (7) "Regulated officeholder" means an individual who is required to file a financial
467 disclosure form under the provisions of this part.
468 [(2)] (8) "State constitutional officer" means the governor, the lieutenant governor, the
469 state auditor, the state treasurer, or the attorney general.
470 Section 6. Section 20A-11-1603 is amended to read:
471 20A-11-1603. Financial disclosure form -- Required when filing for candidacy --
472 Public availability.
473 (1) Candidates seeking the following offices shall file a financial disclosure with the
474 filing officer at the time of filing a declaration of candidacy:
475 (a) state constitutional officer;
476 (b) state legislator; or
477 (c) State Board of Education member.
478 (2) A filing officer may not accept a declaration of candidacy for an office listed in
479 Subsection (1) unless the declaration of candidacy is accompanied by the financial disclosure
480 required by this section.
481 (3) The financial disclosure form shall contain the same requirements and shall be in
482 the same format as the financial disclosure form described in Section [ 76-8-109 ] 20A-11-1604 .
483 (4) The financial disclosure form shall:
484 (a) be made available for public inspection at the filing officer's place of business;
485 (b) if the filing officer is an individual other than the lieutenant governor, be provided
486 to the lieutenant governor within five business days of the date of filing and be made publicly
487 available at the Office of the Lieutenant Governor; and
488 (c) be made publicly available on the Statewide Electronic Voter Information Website
489 administered by the lieutenant governor.

490 Section 7. Section 20A-11-1604 , which is renumbered from Section 76-8-109 is
491 renumbered and amended to read:
492 [76-8-109]. 20A-11-1604. Failure to disclose conflict of interest -- Failure to
493 comply with reporting requirements.
494 [(1) As used in this section:]
495 [(a) "Conflict of interest" means an action that is taken by a regulated officeholder that
496 the officeholder reasonably believes may cause direct financial benefit or detriment to the
497 officeholder, a member of the officeholder's immediate family, or an entity that the officeholder
498 is required to disclose under the provisions of this section, and that benefit or detriment is
499 distinguishable from the effects of that action on the public or on the officeholder's profession,
500 occupation, or association generally.]
501 [(b) "Entity" means a corporation, a partnership, a limited liability company, a limited
502 partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint
503 venture, a governmental entity, an unincorporated organization, or any other legal entity,
504 whether established primarily for the purpose of gain or economic profit or not.]
505 [(c) "Filer" means the individual filing a financial declaration under this section.]
506 [(d) "Immediate family" means the regulated officeholder's spouse and children living
507 in the officeholder's immediate household.]
508 [(e) "Income" means earnings, compensation, or any other payment made to an
509 individual for gain, regardless of source, whether denominated as wages, salary, commission,
510 pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses,
511 reimbursement, dividends, or otherwise.]
512 [(f) "Regulated officeholder" means an individual that is required to file a financial
513 disclosure under the provisions and requirements of this section.]
514 [(g) "State constitutional officer" means the governor, the lieutenant governor, the state
515 auditor, the state treasurer, or the attorney general.]
516 [(2)] (1) (a) Before or during the execution of any order, settlement, declaration,
517 contract, or any other official act of office in which a state constitutional officer has actual
518 knowledge that the state constitutional officer has a conflict of interest [which] that is not
519 stated on the financial disclosure form [required under Subsection (4), the] described in this
520 section, the state constitutional officer shall publicly declare that the state constitutional officer

521 may have a conflict of interest and what that conflict of interest is.
522 (b) Before or during any vote on legislation or any legislative matter in which a
523 legislator has actual knowledge that the legislator has a conflict of interest [which] that is not
524 stated on the financial disclosure form [required under Subsection (4)] described in this
525 section, the legislator shall orally declare to the committee or body before which the matter is
526 pending that the legislator may have a conflict of interest and what that conflict is.
527 (c) Before or during any vote on any rule, resolution, order, or any other board matter
528 in which a member of the State Board of Education has actual knowledge that the member has
529 a conflict of interest [which] that is not stated on the financial disclosure form [required under
530 Subsection (4)] described in this section, the member shall orally declare to the board that the
531 member may have a conflict of interest and what that conflict of interest is.
532 [(3)] (2) Any public declaration of a conflict of interest that is made under Subsection
533 [(2)] (1) shall be noted:
534 (a) on the official record of the action taken, for a state constitutional officer;
535 (b) in the minutes of the committee meeting or in the Senate or House Journal, as
536 applicable, for a legislator; or
537 (c) in the minutes of the meeting or on the official record of the action taken, for a
538 member of the State Board of Education.
539 [(4) (a) The following individuals shall file a financial disclosure form:]
540 [(i) a] (3) (a) A state constitutional officer[, to be due] shall file a financial disclosure
541 form:
542 (i) on the tenth day of January of each year, or the following business day if the due
543 date falls on a weekend or holiday; and
544 [(ii) a legislator, at the following times:]
545 (ii) each time the state constitutional officer changes employment.
546 (b) A legislator shall file a financial disclosure form:
547 [(A)] (i) on the first day of each general session of the Legislature; and
548 [(B)] (ii) each time the legislator changes employment[;].
549 [(iii) a] (c) A member of the State Board of Education[, at the following times] shall
550 file a financial disclosure form:
551 [(A)] (i) on the tenth day of January of each year, or the following business day if the

552 due date falls on a weekend or holiday; and
553 [(B)] (ii) each time the member changes employment.
554 [(b)] (4) The financial disclosure form described in Subsection (3) shall include:
555 [(i) the filer's name;]
556 (a) the regulated officeholder's name;
557 [(ii)] (b) the name and address of [the filer's primary employer] each of the regulated
558 officeholder's current employers and each of the regulated officeholder's employers during the
559 preceding year;
560 [(iii)] (c) for each employer described in Subsection (4)(b), a brief description of the
561 [filer's] employment, including the [filer's] regulated officeholder's occupation and, as
562 applicable, job title;
563 [(iv)] (d) for each entity in which the [filer] regulated officeholder is an owner or [an]
564 officer, or was an owner or officer during the preceding year:
565 [(A)] (i) the name of the entity;
566 [(B)] (ii) a brief description of the type of business or activity conducted by the entity;
567 and
568 [(C)] (iii) the [filer's] regulated officeholder's position in the entity;
569 [(v)] (e) for each [entity that has paid] individual from whom, or entity from which, the
570 regulated officeholder has received $5,000 or more in income [to the filer within the one-year
571 period ending immediately before the date of the disclosure form] during the preceding year:
572 [(A)] (i) the name of the individual or entity; and
573 [(B)] (ii) a brief description of the type of business or activity conducted by the
574 individual or entity;
575 [(vi)] (f) for each entity in which the [filer] regulated officeholder holds any stocks or
576 bonds having a fair market value of $5,000 or more as of the date of the disclosure form or
577 during the preceding year, but excluding funds that are managed by a third party, including
578 blind trusts, managed investment accounts, and mutual funds:
579 [(A)] (i) the name of the entity; and
580 [(B)] (ii) a brief description of the type of business or activity conducted by the entity;
581 [(vii)] (g) for each entity not listed in Subsections [(4)(b)(iv) through (4)(b)(vi),] (4)(d)
582 through (f) in which the [filer serves] regulated officeholder currently serves, or served in the

583 preceding year, on the board of directors or in any other type of [formal advisory capacity] paid
584 leadership capacity:
585 [(A)] (i) the name of the entity or organization;
586 [(B)] (ii) a brief description of the type of business or activity conducted by the entity;
587 and
588 [(C)] (iii) the type of advisory position held by the [filer] regulated officeholder;
589 [(viii)] (h) at the option of the [filer] regulated officeholder, a description of any real
590 property in which the [filer] regulated officeholder holds an ownership or other financial
591 interest that the [filer] regulated officeholder believes may constitute a conflict of interest,
592 including[: (A) a description of the real property; and (B)] a description of the type of interest
593 held by the [filer] regulated officeholder in the property;
594 [(ix)] (i) the name of the [filer's] regulated officeholder's spouse and any other adult
595 residing in the [filer's] regulated officeholder's household [that] who is not related by blood or
596 marriage, as applicable;
597 (j) for the regulated officeholder's spouse, the information that a regulated officeholder
598 is required to provide under Subsection (4)(b);
599 [(x)] (k) a brief description of the employment and occupation of [the filer's spouse and
600 any other adult residing in the filer's household that] each adult who:
601 (i) resides in the regulated officeholder's household; and
602 (ii) is not related to the regulated officeholder by blood or marriage[, as applicable];
603 [(xi)] (l) at the option of the [filer] regulated officeholder, a description of any other
604 matter or interest that the [filer] regulated officeholder believes may constitute a conflict of
605 interest;
606 [(xii)] (m) the date the form was completed;
607 [(xiii)] (n) a statement that the [filer] regulated officeholder believes that the form is
608 true and accurate to the best of the [filer's] regulated officeholder's knowledge; and
609 [(xiv)] (o) the signature of the [filer] regulated officeholder.
610 [(c) (i) The financial disclosure shall be filed with:]
611 (5) The regulated officeholder shall file the financial disclosure form with:
612 [(A)] (a) the secretary of the Senate, [for a legislator that is a senator] if the regulated
613 officeholder is a member of the Senate;

614 [(B)] (b) the chief clerk of the House of Representatives, [for a legislator that is a
615 representative] if the regulated officeholder is a member of the House of Representatives; or
616 [(C)] (c) the lieutenant governor, [for all other regulated officeholders] if the regulated
617 officeholder is a regulated officeholder other than a regulated officeholder described in
618 Subsection (5)(a) or (b).
619 [(ii)] (6) The lieutenant governor, the secretary of the Senate, and the chief clerk of the
620 House of Representatives shall ensure that blank financial disclosure forms are available on the
621 Internet and at their offices.
622 [(d) Financial disclosure forms that are filed under the procedures and requirements of
623 this section shall be made available to the public:]
624 (7) An individual described in Subsection (6) who receives a financial disclosure form
625 or an amendment to a financial disclosure form under this section shall make each version of
626 the form, and each amendment to the form, available to the public for the period of time
627 described in Subsection (8), in the following manner:
628 [(i)] (a) on the Internet; and
629 [(ii)] (b) at the office where the form or the amendment to the form was filed.
630 [(e) This section's requirement to disclose a conflict of interest does]
631 (8) The period of time that an individual described in Subsection (7) shall make each
632 version of a financial disclosure form and each amendment to a financial disclosure form
633 available to the public is:
634 (a) two years after the day on which the individual described in Subsection (7) receives
635 the form, for a regulated officeholder in an office that has a normal term of two years or less; or
636 (b) four years after the day on which the individual described in Subsection (7) receives
637 the form, for a regulated officeholder in an office that has a normal term of more than two
638 years.
639 (9) The disclosure requirements described in this section do not prohibit a regulated
640 officeholder from voting or acting on any matter.
641 (10) A regulated officeholder may amend a financial disclosure form described in this
642 part at any time.
643 [(5)] (11) A regulated officeholder who violates the requirements of Subsection [(2)]
644 (1) is guilty of a class B misdemeanor.

645 (12) (a) A regulated officeholder who intentionally or knowingly violates a provision
646 of this section, other than Subsection (1), is guilty of a class B misdemeanor.
647 (b) In addition to the criminal penalty described in Subsection (12)(a), the lieutenant
648 governor shall impose a civil penalty of $100 against a regulated officeholder who violates a
649 provision of this section, other than Subsection (1).
650 Section 8. Section 20A-11-1605 is enacted to read:
651 20A-11-1605. Failure to file -- Penalties.
652 (1) Within 30 days after the day on which a regulated officeholder is required to file a
653 financial disclosure form under Subsection 20A-11-1604 (3)(a)(i), (b)(i), or (c)(i), the lieutenant
654 governor shall review each filed financial disclosure form to ensure that:
655 (a) each regulated officeholder who is required to file a financial disclosure form has
656 filed one; and
657 (b) each financial disclosure form contains the information required under Section
658 20A-11-1604 .
659 (2) The lieutenant governor shall take the action described in Subsection (3) if:
660 (a) a regulated officeholder has failed to timely file a financial disclosure form;
661 (b) a filed financial disclosure form does not comply with the requirements of Section
662 20A-11-1604 ; or
663 (c) the lieutenant governor receives a written complaint alleging a violation of Section
664 20A-11-1604 , other than Subsection 20A-11-1604 (1), and after receiving the complaint and
665 giving the regulated officeholder notice and an opportunity to be heard, the lieutenant governor
666 determines that a violation occurred.
667 (3) If a circumstance described in Subsection (2) occurs, the lieutenant governor shall,
668 within five days after the day on which the lieutenant governor determines that a violation
669 occurred, notify the regulated officeholder of the violation and direct the regulated officeholder
670 to file an amended report correcting the problem.
671 (4) (a) It is unlawful for a regulated officeholder to fail to file or amend a financial
672 disclosure form within seven days after the day on which the regulated officeholder receives
673 the notice described in Subsection (3).
674 (b) A regulated officeholder who violates Subsection (4)(a) is guilty of a class B
675 misdemeanor.

676 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
677 attorney general.
678 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
679 governor shall impose a civil fine of $100 against a regulated officeholder who violates
680 Subsection (4)(a).
681 (5) The lieutenant governor shall deposit a fine collected under this part into the
682 General Fund as a dedicated credit to pay for the costs of administering the provisions of this
683 part.
684 Section 9. Section 20A-12-301.5 is enacted to read:
685 20A-12-301.5. Disclosure of actual source or recipient required.
686 (1) As used in this section, "transactional intermediary" means a person, including a
687 credit card company, a financial institution, or a money transfer service, that pays or transfers
688 money to a person on behalf of another person.
689 (2) When, under this chapter, a person makes a detailed listing, discloses or reports the
690 source of a contribution, discloses or reports the person or entity to whom a disbursement is
691 made, or discloses or reports the identity of a donor, the person:
692 (a) shall reveal the actual source of the contribution, the actual person or entity to
693 whom the disbursement is ultimately made, or the actual identity of the donor; and
694 (b) may not merely list, disclose, or report the transactional intermediary.
695 Section 10. Effective date.
696 If approved by two-thirds of all the members elected to each house, this bill takes effect
697 upon approval by the governor, or the day following the constitutional time limit of Utah
698 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
699 the date of veto override.