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H.B. 110

             1     

FINANCIAL DISCLOSURE REQUIREMENTS

             2     
ON INITIATIVES

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Jackie Biskupski

             6      AN ACT RELATING TO ELECTION LAW; CLARIFYING REQUIREMENTS FOR
             7      REPORTING BY POLITICAL ISSUES COMMITTEES; ADDING ADDITIONAL REPORTING
             8      REQUIREMENTS FOR PERSONS CIRCULATING INITIATIVE PETITIONS; AND MAKING
             9      TECHNICAL CORRECTIONS.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          20A-11-802, as last amended by Chapter 40, Laws of Utah 1998
             13      ENACTS:
             14          20A-7-205.5, Utah Code Annotated 1953
             15          20A-7-206.5, Utah Code Annotated 1953
             16      Be it enacted by the Legislature of the state of Utah:
             17          Section 1. Section 20A-7-205.5 is enacted to read:
             18          20A-7-205.5. Monthly reports.
             19          (1) The sponsors of the initiative shall sign and file monthly reports with the lieutenant
             20      governor, due ten days after the last day of each month in which petitions are circulated on behalf
             21      of the sponsors by paid circulators.
             22          (2) The monthly reports shall contain:
             23          (a) the names of the sponsors; and
             24          (b) the name of the proposed ballot measure for which petitions are being circulated by
             25      paid circulators.
             26          Section 2. Section 20A-7-206.5 is enacted to read:
             27          20A-7-206.5. Financial disclosure -- Paid circulators.


             28          (1) When the proponents of a proposed initiative have persons to circulate the petition, the
             29      proponents shall, at the time the last petition is filed with the county clerk, file a form with the
             30      lieutenant governor detailing the amount of money paid per signature.
             31          (2) The lieutenant governor shall develop a form to disclose the information required by
             32      this section.
             33          Section 3. Section 20A-11-802 is amended to read:
             34           20A-11-802. Political issues committees -- Financial reporting.
             35          (1) (a) Each registered political issues committee that has made political issues
             36      expenditures [on current or proposed ballot issues that total at least $750] during a calendar year
             37      on current or proposed ballot propositions, or on initiative petitions to be submitted to the
             38      Legislature, shall file a verified financial statement with the lieutenant governor's office on:
             39          (i) January 5, reporting contributions and expenditures as of December 31 of the previous
             40      year;
             41          (ii) September 15; and
             42          (iii) seven days before the regular general election.
             43          (b) The political issues committee shall report:
             44          (i) a detailed listing of all contributions received and expenditures made since the last
             45      statement; and
             46          (ii) for financial statements filed on September 15 and before the general election, all
             47      contributions and expenditures as of three days before the required filing date of the financial
             48      statement.
             49          (c) The political issues committee need not file a statement under this section if it received
             50      no contributions and made no expenditures during the reporting period.
             51          (2) (a) That statement shall include:
             52          (i) the name, address, and occupation of any individual that makes a political issues
             53      contribution to the reporting political issues committee, and the amount of the political issues
             54      contribution;
             55          (ii) the identification of any publicly identified class of individuals that makes a political
             56      issues contribution to the reporting political issues committee, and the amount of the political
             57      issues contribution;
             58          (iii) the name and address of any political issues committee, group, or entity that makes


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




Legislative Review Note
    as of 1-26-99 4:21 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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