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S.B. 116
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8 LONG TITLE
9 General Description:
10 This bill modifies the Election Code to impose a limit on campaign contributions made
11 to the governor, lieutenant governor, state auditor, state treasurer, and attorney general,
12 and on candidates for those offices.
13 Highlighted Provisions:
14 This bill:
15 . provides definitions;
16 . imposes a limit on campaign contributions made to the governor, lieutenant
17 governor, state auditor, state treasurer, and attorney general, and on candidates for
18 those offices;
19 . prohibits a person other than a registered political party from making campaign
20 contributions in excess of $10,000 during certain periods;
21 . defines the application of the limit in circumstances where a candidate for governor
22 elects to run for lieutenant governor; and
23 . provides criminal penalties for violation of the act.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 20A-16-101, Utah Code Annotated 1953
31 20A-16-102, Utah Code Annotated 1953
32 20A-16-103, Utah Code Annotated 1953
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 20A-16-101 is enacted to read:
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37 20A-16-101. Title.
38 This chapter is known as the "Limitations on Campaign Contributions Act."
39 Section 2. Section 20A-16-102 is enacted to read:
40 20A-16-102. Definitions.
41 As used in this part:
42 (1) "Contribution" has the meaning as defined in Section 20A-11-101 .
43 (2) "Person" means both natural and legal persons, including individuals, business
44 organizations, political action committees, political issues committees, labor unions, and labor
45 organizations.
46 (3) "Registered political party" has the meaning as defined in Section 20A-11-101 .
47 (4) "State office" means the office of:
48 (a) governor;
49 (b) lieutenant governor;
50 (c) state auditor;
51 (d) state treasurer; or
52 (e) state attorney general.
53 (5) "State officer" means:
54 (a) the governor;
55 (b) the lieutenant governor;
56 (c) the state auditor;
57 (d) the state treasurer; or
58 (e) the state attorney general.
59 Section 3. Section 20A-16-103 is enacted to read:
60 20A-16-103. Limitation on contributions to governor and candidates for governor
61 -- Criminal penalties.
62 (1) Subject to Subsection (5), a person may not make a contribution that exceeds
63 $10,000 or a combination of contributions that exceeds $10,000 to:
64 (a) a state officer, during the period beginning on the date that the state officer's term
65 begins and continuing through the earlier of:
66 (i) midnight on the day that the state officer's term expires; or
67 (ii) midnight on the day before the state officer files a declaration of candidacy for any
68 state office; or
69 (b) a candidate for state office, during any of the following periods:
70 (i) the period beginning on the date that the candidate files a declaration of candidacy
71 and continuing through midnight on the date of the state political convention held by the
72 candidate's registered political party, or midnight on May 15, whichever is earlier;
73 (ii) the period beginning on the day after the state political convention and continuing
74 through midnight on the date of the regular primary election; and
75 (iii) the period beginning on the day after the regular primary election and continuing
76 through midnight on the day before the date that the term for the state office sought by the
77 candidate begins.
78 (2) For the purposes of this section, an incumbent state officer who files a declaration
79 of candidacy for any state office is considered a candidate for state office and is subject to the
80 requirements of Subsection (1)(b).
81 (3) For the purposes of this section:
82 (a) a contribution to the governor's, lieutenant governor's, candidate for governor's, or
83 candidate for lieutenant governor's personal campaign committee is considered to have been
84 made to the individual; and
85 (b) the following individuals are considered a single contribution recipient:
86 (i) the governor and the lieutenant governor; and
87 (ii) candidates for the offices of governor and lieutenant governor on the same ticket.
88 (4) If a candidate for governor changes his candidacy to run as a candidate for
89 lieutenant governor on the same ticket as another candidate for governor, beginning at 12:01
90 a.m. on the date the candidate declares his candidacy for lieutenant governor:
91 (a) previous contributions made to the candidate changing his candidacy shall be
92 considered to have been made to the candidate for governor on the same ticket for the purposes
93 of determining whether or not any new contributions to the governor and lieutenant governor
94 ticket exceed a contribution limit established under Subsection (1); and
95 (b) if a person's previous contributions to both the candidate changing his candidacy
96 and the candidate for governor on the same ticket exceed the limit for the applicable period
97 established under Subsection (1) when the contributions are combined under Subsection (4)(a):
98 (i) that person is not in violation of this section for making the previous contributions if
99 the person's previous contributions to each candidate during the applicable period do not
100 exceed the individual contribution limit for each candidate; and
101 (ii) that person will be in violation of this section if the person makes additional
102 contributions during the applicable period.
103 (5) This section does not apply to contributions made by a registered political party to a
104 state officer, a candidate for state office, or a personal campaign committee of a state officer or
105 candidate for state office.
106 (6) A person who knowingly or willfully makes a contribution in violation of this
107 section is guilty of a class B misdemeanor.
108 (7) A person who knowingly or willfully accepts a contribution in violation of this
109 section is guilty of a class B misdemeanor.
Legislative Review Note
as of 1-8-07 12:07 PM