S.B. 154 Enrolled

REPORTING ELECTED OFFICIAL FUNDS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Eddie P. Mayne
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ESTABLISHING
REQUIREMENTS FOR ELECTED OFFICIALS AND THEIR SURROGATES TO REPORT
INFORMATION ABOUT THEIR FUNDS.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
63-94-1, Utah Code Annotated 1953
63-94-2, Utah Code Annotated 1953
63-94-3, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-94-1 is enacted to read:
CHAPTER 94. ELECTED OFFICIAL'S FUNDS
63-94-1. Title.
This chapter shall be known as "Elected Official's Funds."
Section 2. Section 63-94-2 is enacted to read:
63-94-2. Definitions.
As used in this chapter:
(1) (a) "Contribution" means any of the following:
(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value
to a fund;
(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything
of value to a fund; or
(iii) any transfer of funds from another elected official or surrogate to the filing elected
official's or surrogate's fund.
(b) "Contribution" does not include money lent to the elected official or surrogate by a

financial institution in the ordinary course of business.
(2) "Disbursement" means monies, transfers, or other withdrawals from a fund for any
purpose.
(3) "Elected official" means each person elected to a state office, county office, municipal
office, school board or school district office, or special district office, but does not include judges
standing for retention election.
(4) (a) "Fund" means any sum of money or other resources, however titled or described, that
is segregated, designated, or set aside for the use or benefit of an elected official.
(b) "Fund" does not mean:
(i) an elected official's or surrogate's private money or public money; or
(ii) campaign funds or accounts established by candidates under the authority of Title 20A,
Chapter 11, Part 2, State Office Candidates -- Campaign Organization and Financial Reporting
Requirements, Title 20A, Chapter 11, Part 3, Candidates for Legislative Office -- Campaign
Organization and Financial Reporting Requirements, and Title 20A, Chapter 11, Part 4, Officeholder
Financial Reporting Requirement.
(5) "Private money" means personal monies used to pay normal expenses for which an
elected official or surrogate is personally liable for state and federal taxes.
(6) "Public money" means monies controlled by an elected official or surrogate in their
public capacity that are accounted for by a governmental entity.
(7) "Surrogate" means any committee, party, organization, or other person or group who
holds or maintains a fund for the benefit of an elected official.
Section 3. Section 63-94-3 is enacted to read:
63-94-3. Reporting of funds -- Reports are public records.
(1) (a) By January 5 of each year, each state elected official, each multicounty elected
official, each surrogate for a state elected official, and each surrogate for a multicounty elected
official shall file a funds report containing the information required by this section with the
lieutenant governor.
(b) By January 5 of each year, each local elected official and each surrogate for a local

- 2 -

elected official shall file a funds report containing the information required by this section with the
county clerk of the county in which the local elected official exercises his official duties.
(2) Each report shall contain:
(a) the dollar value of the fund as of December 31 of the previous year;
(b) an itemized list of disbursements from the fund during the previous calendar year
identifying:
(i) the date of each disbursement;
(ii) the name and address of each person or entity to whom a disbursement was made; and
(iii) the purpose of each disbursement; and
(c) an itemized list of contributions to the fund during the previous calendar year,
identifying:
(i) the date of each contribution; and
(ii) the name and address of each person or entity from whom a contribution was received.
(3) Reports filed under this section are classified as public records for purposes of disclosure
under Title 63, Chapter 2, Government Records Access and Management Act.

- 3 -