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H.B. 266

             1     

POLITICAL ISSUES REPORTING

             2     
AMENDMENTS

             3     
2003 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: David L. Hogue

             6      This act modifies the Election code by establishing additional filing dates for reporting
             7      political issues contributions and expenditures.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          20A-11-702, as last amended by Chapter 355, Laws of Utah 1997
             11          20A-11-802, as last amended by Chapters 45 and 109, Laws of Utah 1999
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 20A-11-702 is amended to read:
             14           20A-11-702. Campaign financial reporting of political issues expenditures by
             15      corporations -- Financial reporting.
             16          (1) (a) Each corporation that has made political issues expenditures on current or
             17      proposed ballot issues that total at least $750 during a calendar year shall file a verified
             18      financial statement with the lieutenant governor's office on:
             19          (i) January 5, reporting expenditures as of December 31 of the previous year;
             20          (ii) March 1;
             21          (iii) June 1;
             22          [(ii)] (iv) September 15; and
             23          [(iii)] (v) seven days before the regular general election.
             24          (b) The corporation shall report:
             25          (i) a detailed listing of all expenditures made since the last statement; and
             26          (ii) for financial statements filed on September 15 and before the primary and general
             27      elections, expenditures as of three days before the required filing date of the financial



             28      statement.
             29          (c) The corporation need not file a statement under this section if it made no
             30      expenditures during the reporting period.
             31          (2) That statement shall include:
             32          (a) the name and address of each individual, entity, or group of individuals or entities
             33      that received a political issues expenditure of more than $50 from the corporation, and the
             34      amount of each political issues expenditure;
             35          (b) the total amount of political issues expenditures disbursed by the corporation; and
             36          (c) a paragraph signed by the corporation's treasurer or chief financial officer verifying
             37      the accuracy of the verified financial statement.
             38          Section 2. Section 20A-11-802 is amended to read:
             39           20A-11-802. Political issues committees -- Financial reporting.
             40          (1) (a) Each registered political issues committee that has received political issues
             41      contributions totaling at least $750, or disbursed political issues expenditures totaling at least
             42      $50 during a calendar year on current or proposed statewide ballot propositions, to influence an
             43      incorporation petition or an incorporation election, or on initiative petitions to be submitted to
             44      the Legislature, shall file a verified financial statement with the lieutenant governor's office:
             45          (i) on January 5, reporting contributions and expenditures as of December 31 of the
             46      previous year;
             47          (ii) seven days before the date of an incorporation election, if the political issues
             48      committee has received donations or made disbursements to affect an incorporation;
             49          (iii) March 1;
             50          (iv) June 1;
             51          [(iii)] (v) on September 15; and
             52          [(iv)] (vi) seven days before the regular general election.
             53          (b) The political issues committee shall report:
             54          (i) a detailed listing of all contributions received and expenditures made since the last
             55      statement; and
             56          (ii) for financial statements filed on September 15 and before the general election, all
             57      contributions and expenditures as of three days before the required filing date of the financial
             58      statement.



             59          (c) The political issues committee need not file a statement under this section if it
             60      received no contributions and made no expenditures during the reporting period.
             61          (2) (a) That statement shall include:
             62          (i) the name, address, and occupation of any individual that makes a political issues
             63      contribution to the reporting political issues committee, and the amount of the political issues
             64      contribution;
             65          (ii) the identification of any publicly identified class of individuals that makes a
             66      political issues contribution to the reporting political issues committee, and the amount of the
             67      political issues contribution;
             68          (iii) the name and address of any political issues committee, group, or entity that makes
             69      a political issues contribution to the reporting political issues committee, and the amount of the
             70      political issues contribution;
             71          (iv) the name and address of each reporting entity that makes a political issues
             72      contribution to the reporting political issues committee, and the amount of the political issues
             73      contribution;
             74          (v) for each nonmonetary contribution, the fair market value of the contribution;
             75          (vi) the name and address of each individual, entity, or group of individuals or entities
             76      that received a political issues expenditure of more than $50 from the reporting political issues
             77      committee, and the amount of each political issues expenditure;
             78          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
             79          (viii) the total amount of political issues contributions received and political issues
             80      expenditures disbursed by the reporting political issues committee;
             81          (ix) a paragraph signed by the political issues committee's treasurer or chief financial
             82      officer verifying that, to the best of the signer's knowledge, the financial statement is accurate;
             83      and
             84          (x) a summary page in the form required by the lieutenant governor that identifies:
             85          (A) beginning balance;
             86          (B) total contributions during the period since the last statement;
             87          (C) total contributions to date;
             88          (D) total expenditures during the period since the last statement; and
             89          (E) total expenditures to date.


             90          (b) (i) Political issues contributions received by a political issues committee that have a
             91      value of $50 or less need not be reported individually, but shall be listed on the report as an
             92      aggregate total.
             93          (ii) Two or more political issues contributions from the same source that have an
             94      aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
             95      separately.




Legislative Review Note
    as of 2-6-03 5:16 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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