Download Zipped Introduced WordPerfect HB0329S03.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
Third Substitute H.B. 329
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions in Title 20A, Chapter 11, Campaign and Financial
10 Reporting Requirements and Title 20A, Chapter 12, Selection and Election of Judges.
11 Highlighted Provisions:
12 This bill:
13 . enacts, amends, and repeals definitions;
14 . requires a filing entity to electronically file a financial statement;
15 . requires the lieutenant governor to post a financial statement online in a searchable
16 format within a certain amount of time;
17 . requires contributions over $1,000 to be reported within a certain amount of time
18 before an election;
19 . prohibits cash contributions in excess of $100;
20 . requires checks to be negotiated and reported in an interim or summary report;
21 . imposes a fine for failure to file a timely financial statement;
22 . repeals provisions relating to the removal of a candidate for failure to file a timely
23 financial statement;
24 . requires a person sponsoring certain electioneering communications to file a report;
25 . repeals a provision requiring a political action committee or political issues
26 committee to disclose the occupation of a person who makes a contribution;
27 . establishes additional filing deadlines for some filing entities;
28 . requires a corporation to disclose certain contracts with the state;
29 . prohibits earmarking contributions made to a political party or a political action
30 committee;
31 . prohibits making a campaign contribution in another's name;
32 . repeals provisions that allow the aggregate reporting of contributions less than $50;
33 . requires a filing entity to report an expenditure:
34 . made by a vendor on the filing entity's behalf; and
35 . for transactions on a financial transaction card;
36 . establishes reporting requirements for labor organizations; and
37 . makes technical changes.
38 Monies Appropriated in this Bill:
39 None
40 Other Special Clauses:
41 This bill takes effect on January 1, 2011.
42 Utah Code Sections Affected:
43 AMENDS:
44 20A-11-101, as last amended by Laws of Utah 2009, Chapters 60 and 361
45 20A-11-103, as last amended by Laws of Utah 2008, Chapters 14 and 49
46 20A-11-201, as last amended by Laws of Utah 2009, Chapters 227 and 361
47 20A-11-203, as last amended by Laws of Utah 2009, Chapter 361
48 20A-11-204, as last amended by Laws of Utah 2009, Chapter 361
49 20A-11-206, as last amended by Laws of Utah 2009, Chapter 202
50 20A-11-301, as last amended by Laws of Utah 2009, Chapters 227 and 361
51 20A-11-302, as last amended by Laws of Utah 2009, Chapter 361
52 20A-11-303, as last amended by Laws of Utah 2009, Chapter 361
53 20A-11-305, as last amended by Laws of Utah 2009, Chapter 202
54 20A-11-401, as last amended by Laws of Utah 2009, Chapter 361
55 20A-11-403, as repealed and reenacted by Laws of Utah 1997, Chapter 355
56 20A-11-506, as last amended by Laws of Utah 2008, Chapters 14 and 225
57 20A-11-507, as last amended by Laws of Utah 2008, Chapter 14
58 20A-11-508, as last amended by Laws of Utah 2008, Chapter 14
59 20A-11-602, as last amended by Laws of Utah 2008, Chapters 14 and 49
60 20A-11-603, as last amended by Laws of Utah 2008, Chapter 14
61 20A-11-701, as last amended by Laws of Utah 2008, Chapter 14
62 20A-11-702, as last amended by Laws of Utah 2008, Chapter 14
63 20A-11-703, as enacted by Laws of Utah 1997, Chapter 355
64 20A-11-802, as last amended by Laws of Utah 2008, Chapters 14 and 49
65 20A-11-901, as enacted by Laws of Utah 1995, Chapter 1
66 20A-11-1001, as last amended by Laws of Utah 1997, Chapter 355
67 20A-11-1002, as last amended by Laws of Utah 2002, Chapter 317
68 20A-11-1301, as last amended by Laws of Utah 2009, Chapters 227 and 361
69 20A-11-1302, as last amended by Laws of Utah 2009, Chapter 361
70 20A-11-1303, as last amended by Laws of Utah 2009, Chapter 361
71 20A-11-1305, as last amended by Laws of Utah 2008, Chapter 14
72 20A-11-1402, as last amended by Laws of Utah 2004, Chapter 220
73 20A-12-303, as enacted by Laws of Utah 2001, Chapter 166
74 20A-12-304, as last amended by Laws of Utah 2008, Chapter 14
75 20A-12-305, as enacted by Laws of Utah 2001, Chapter 166
76 20A-12-306, as enacted by Laws of Utah 2001, Chapter 166
77 ENACTS:
78 20A-11-104, Utah Code Annotated 1953
79 20A-11-509, Utah Code Annotated 1953
80 20A-11-510, Utah Code Annotated 1953
81 20A-11-604, Utah Code Annotated 1953
82 20A-11-904, Utah Code Annotated 1953
83 20A-11-1005, Utah Code Annotated 1953
84 20A-11-1501, Utah Code Annotated 1953
85 20A-11-1502, Utah Code Annotated 1953
86
87 Be it enacted by the Legislature of the state of Utah:
88 Section 1. Section 20A-11-101 is amended to read:
89 20A-11-101. Definitions.
90 As used in this chapter:
91 (1) "Address" means the number and street where an individual resides or where a
92 reporting entity has its principal office.
93 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
94 amendments, and any other ballot propositions submitted to the voters that are authorized by
95 the Utah Code Annotated 1953.
96 (3) "Candidate" means any person who:
97 (a) files a declaration of candidacy for a public office; or
98 (b) receives contributions, makes expenditures, or gives consent for any other person to
99 receive contributions or make expenditures to bring about the person's nomination or election
100 to a public office.
101 (4) "Cash" means currency or coinage that constitutes legal tender.
102 [
103 (a) the lieutenant governor for state office candidates, legislative office candidates,
104 officeholders, political parties, political action committees, corporations, political issues
105 committees, [
106 (b) the county clerk for local school board candidates.
107 [
108
109
110 (6) (a) "Contribution" means any of the following when done for political purposes:
111 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
112 value given to the filing entity;
113 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
114 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
115 anything of value to the filing entity;
116 (iii) any transfer of funds from another reporting entity [
117 entity;
118 (iv) compensation paid by any person or reporting entity other than the filing entity for
119 personal services provided without charge to the filing entity;
120 (v) remuneration from:
121 (A) any organization or its directly affiliated organization that has a registered lobbyist
122 [
123 [
124 (B) any agency or subdivision of the state, including school districts[
125
126 [
127 than fair market value.
128 (b) "Contribution" does not include:
129 (i) services provided without compensation by individuals volunteering a portion or all
130 of their time on behalf of the filing entity;
131 (ii) money lent to the filing entity by a financial institution in the ordinary course of
132 business; or
133 (iii) goods or services provided for the benefit of a candidate or political party at less
134 than fair market value that are not authorized by or coordinated with the candidate or political
135 party.
136 (7) "Coordinated with" means that goods or services provided for the benefit of a
137 candidate or political party are provided:
138 (a) with the candidate's or political party's prior knowledge, if the candidate or political
139 party does not object;
140 (b) by agreement with the candidate or political party;
141 (c) in coordination with the candidate or political party; or
142 (d) using official logos, slogans, and similar elements belonging to a candidate or
143 political party.
144 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
145 organization that is registered as a corporation or is authorized to do business in a state and
146 makes any expenditure from corporate funds for:
147 (i) the purpose of expressly advocating for political purposes; or
148 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
149 proposition.
150 (b) "Corporation" does not mean:
151 (i) a business organization's political action committee or political issues committee; or
152 (ii) a business entity organized as a partnership or a sole proprietorship.
153 (9) "Detailed listing" means:
154 (a) for each contribution or public service assistance:
155 (i) the name and address of the individual or source making the contribution or public
156 service assistance;
157 (ii) the amount or value of the contribution or public service assistance; and
158 (iii) the date the contribution or public service assistance was made; [
159 (b) for each expenditure:
160 (i) the amount of the expenditure;
161 (ii) the person or entity to whom [
162 transaction on a financial transaction card, as defined in Section 76-6-506 ;
163 (iii) the specific purpose, item, or service acquired by the expenditure; and
164 (iv) the date the expenditure was made[
165 (c) for each expenditure made by a vendor that benefits the filing entity:
166 (i) the amount of the expenditure;
167 (ii) the person or entity to whom the expenditure was disbursed;
168 (iii) the specific purpose, item, or service acquired by the expenditure; and
169 (iv) the date the expenditure was made.
170 (10) "Election" means each:
171 (a) regular general election;
172 (b) regular primary election; and
173 (c) special election at which candidates are eliminated and selected.
174 (11) "Electioneering communication" means a communication that:
175 (a) has at least a value of $10,000;
176 (b) clearly identifies a candidate or judge; and
177 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
178 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
179 identified candidate's or judge's election date.
180 [
181 (i) any disbursement from contributions, receipts, or from the separate bank account
182 required by this chapter;
183 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
184 or anything of value made for political purposes;
185 (iii) an express, legally enforceable contract, promise, or agreement to make any
186 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
187 value for political purposes;
188 (iv) compensation paid by [
189 rendered by a person without charge to a reporting entity;
190 (v) a transfer of funds between the filing entity and a candidate's personal campaign
191 committee; or
192 (vi) goods or services provided by the filing entity to or for the benefit of another
193 reporting entity for political purposes at less than fair market value.
194 (b) "Expenditure" does not include:
195 (i) services provided without compensation by individuals volunteering a portion or all
196 of their time on behalf of a reporting entity;
197 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
198 business; or
199 (iii) anything listed in Subsection [
200 reporting entity to candidates for office or officeholders in states other than Utah.
201 [
202 financial statement required by this chapter or Title 20A, Chapter 12, Part 2, Judicial Retention
203 Elections.
204 [
205 financial statement, or other statement disclosing contributions, expenditures, receipts,
206 donations, or disbursements that is required by this chapter or Title 20A, Chapter 12, Part 2,
207 Judicial Retention Elections.
208 [
209 determine the candidates and committees that will receive expenditures from a political action
210 committee, political party, or corporation.
211 [
212 1, Incorporation, by which a geographical area becomes legally recognized as a city or town.
213 [
214 [
215 [
216 [
217 expenditures made since the last report.
218 (21) (a) "Labor organization" means a lawful organization of any kind that is
219 composed, in whole or in part, of employees and that exists for the purpose, in whole or in part,
220 of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of
221 employment, or other terms and conditions of employment.
222 (b) Except as provided in Subsection (21)(c), "labor organization" includes each
223 employee association and union for employees of public and private sector employers.
224 (c) "Labor organization" does not include organizations governed by the National
225 Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
226 et seq.
227 [
228 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
229 assistant whip of any party caucus in either house of the Legislature.
230 [
231 (a) files a declaration of candidacy for the office of state senator or state representative;
232 (b) declares himself to be a candidate for, or actively campaigns for, the position of
233 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
234 assistant whip of any party caucus in either house of the Legislature; [
235 (c) receives contributions, makes expenditures, or gives consent for any other person to
236 receive contributions or make expenditures to bring about the person's nomination or election
237 to a legislative office.
238 [
239
240
241 [
242 [
243 governing board of a registered political party.
244 [
245 business organizations, personal campaign committees, party committees, political action
246 committees, political issues committees, labor unions, and labor organizations.
247 [
248 candidate to act for the candidate as provided in this chapter.
249 [
250 individuals or entities within or outside this state, a major purpose of which is to:
251 (i) solicit or receive contributions from any other person, group, or entity for political
252 purposes; or
253 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
254 vote for or against any candidate [
255 office.
256 (b) "Political action committee" includes groups affiliated with a registered political
257 party but not authorized or organized by the governing board of the registered political party
258 that receive contributions or makes expenditures for political purposes.
259 (c) "Political action committee" does not mean:
260 (i) a party committee;
261 (ii) any entity that provides goods or services to a candidate or committee in the regular
262 course of its business at the same price that would be provided to the general public;
263 (iii) an individual;
264 (iv) individuals who are related and who make contributions from a joint checking
265 account;
266 (v) a corporation, except a corporation a major purpose of which is to act as a political
267 action committee; or
268 (vi) a personal campaign committee.
269 [
270 a registered political party to select candidates.
271 [
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 [
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 [
307 (i) any payment from political issues contributions made for the purpose of influencing
308 the approval or the defeat of:
309 (A) a ballot proposition; or
310 (B) an incorporation petition or incorporation election;
311 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
312 the express purpose of influencing the approval or the defeat of:
313 (A) a ballot proposition; or
314 (B) an incorporation petition or incorporation election;
315 (iii) an express, legally enforceable contract, promise, or agreement to make any
316 political issues expenditure;
317 (iv) compensation paid by a reporting entity for personal services rendered by a person
318 without charge to a political issues committee; or
319 (v) goods or services provided to or for the benefit of another reporting entity at less
320 than fair market value.
321 (b) "Political issues expenditure" does not include:
322 (i) services provided without compensation by individuals volunteering a portion or all
323 of their time on behalf of a political issues committee; or
324 (ii) money lent to a political issues committee by a financial institution in the ordinary
325 course of business.
326 [
327 influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
328 for or against any candidate [
329 at any caucus, political convention, [
330 [
331 election laws.
332 [
333 auditor, state treasurer, attorney general, state or local school board member, state senator, state
334 representative, speaker of the House of Representatives, president of the Senate, and the leader,
335 whip, and assistant whip of any party caucus in either house of the Legislature.
336 [
337 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
338 communicate with the officeholder's constituents:
339 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
340 money or anything of value to an officeholder; or
341 (ii) goods or services provided at less than fair market value to or for the benefit of the
342 officeholder.
343 (b) "Public service assistance" does not include:
344 (i) anything provided by the state;
345 (ii) services provided without compensation by individuals volunteering a portion or all
346 of their time on behalf of an officeholder;
347 (iii) money lent to an officeholder by a financial institution in the ordinary course of
348 business;
349 (iv) news coverage or any publication by the news media; or
350 (v) any article, story, or other coverage as part of any regular publication of any
351 organization unless substantially all the publication is devoted to information about the
352 officeholder.
353 [
354 individuals sharing a common occupation, interest, or association that contribute to a political
355 action committee or political issues committee and whose names can be obtained by contacting
356 the political action committee or political issues committee upon whose financial [
357 statement the individuals are listed.
358 [
359 [
360 Lobbyist Disclosure and Regulation Act.
361 [
362 committee that is required by this chapter to file a statement of organization with the lieutenant
363 governor's office.
364 [
365 committee that is required by this chapter to file a statement of organization with the lieutenant
366 governor's office.
367 [
368 (a) participated in the last regular general election and polled a total vote equal to 2%
369 or more of the total votes cast for all candidates for the United States House of Representatives
370 for any of its candidates for any office; or
371 (b) has complied with the petition and organizing procedures of [
372 8, Political Party Formation and Procedures.
373 (43) (a) "Remuneration" means a payment:
374 (i) made to a legislator for the period the Legislature is in session; and
375 (ii) that is approximately equivalent to an amount a legislator would have earned
376 during the period the Legislature is in session in the legislator's ordinary course of business.
377 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
378 (i) the legislator's primary employer in the ordinary course of business; or
379 (ii) a person or entity in the ordinary course of business:
380 (A) because of the legislator's ownership interest in the entity; or
381 (B) for services rendered by the legislator on behalf of the person or entity.
382 [
383 committee, a judge, a judge's personal campaign committee, an officeholder, a party
384 committee, a political action committee, [
385 labor organization.
386 [
387 board.
388 [
389 tangible or intangible asset that comprises the contribution.
390 (b) "Source" means, for political action committees and corporations, the political
391 action committee and the corporation as entities, not the contributors to the political action
392 committee or the owners or shareholders of the corporation.
393 [
394 general, state auditor, and state treasurer.
395 [
396 (a) files a declaration of candidacy for a state office; or
397 (b) receives contributions, makes expenditures, or gives consent for any other person to
398 receive contributions or make expenditures to bring about the person's nomination or election
399 to a state office.
400 [
401 reporting entity's contributions and expenditures.
402 [
403 allocate expenditures from a political issues committee.
404 (51) "Vendor" means a person who is paid in excess of $1,000 within one year by a
405 filing entity to contract with another person on the filing entity's behalf to provide a good or
406 service for the benefit of a filing entity.
407 Section 2. Section 20A-11-103 is amended to read:
408 20A-11-103. Notice of pending interim and summary reports -- Form of
409 submission -- Public availability -- Notice of local filings.
410 (1) (a) Except as provided under Subsection (1)(b), 10 days before [
411
412
413
414 Judicial Retention Elections, the [
415
416 requested by the [
417 mail:
418 (i) that the financial statement is due;
419 (ii) of the date that the financial statement is due; and
420 (iii) of the penalty for failing to file the financial statement.
421 [
422
423
424
425
426 [
427
428
429
430 [
431
432
433 (b) Notwithstanding the provisions of Subsection (1)(a), under this section the
434 [
435 (i) to a candidate of the financial statement that is due before the candidate's political
436 convention; or
437 (ii) of a financial statement due in connection with a public hearing for an initiative
438 under the requirements of Section 20A-7-204.1 .
439 [
440
441
442 [
443 [
444 [
445
446
447
448 [
449
450 (2) [
451
452
453
454
455 electronic mail or the Internet[
456 officer.
457 (3) A financial statement is considered timely filed if[
458 chief election officer's office [
459 on the date that it is due[
460 [
461
462 [
463
464 (4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
465 Access and Management Act, the lieutenant governor shall:
466 (a) make each campaign finance statement filed by a candidate available for public
467 inspection and copying no later than one business day after the statement is filed; and
468 (b) post an electronic copy or the contents of each [
469 statement in a searchable format on a website established by the lieutenant governor:
470 (i) for campaign finance statements submitted to the lieutenant governor under the
471 requirements of Section 10-3-208 or Section 17-16-6.5 , no later than seven business days after
472 the date of receipt of the campaign finance statement; [
473 (ii) for a [
474 requirements of this chapter or Chapter 12, Part 2, Judicial Retention Elections, no later than
475 [
476 (iii) for a financial statement required by Subsections 20A-11-201 (5)(b),
477 20A-11-301 (6)(b), 20A-11-602 (4), 20A-11-802 (3), 20A-11-901 (2), 20A-11-1301 (6)(b), and
478 20A-12-303 (3)(b), and Section 20A-11-510 , no later than one business day after the date the
479 statement is electronically filed.
480 (5) If a municipality, under Section 10-3-208 , or a county, under Section 17-16-6.5 ,
481 elects to provide campaign finance disclosure on its own website, rather than through the
482 lieutenant governor, the website established by the lieutenant governor shall contain a link or
483 other access point to the municipality or county website.
484 Section 3. Section 20A-11-104 is enacted to read:
485 20A-11-104. Cash Contributions.
486 A person may not make a cash contribution in excess of $100.
487 Section 4. Section 20A-11-201 is amended to read:
488 20A-11-201. State office candidate -- Separate bank account for campaign funds.
489 (1) (a) Each state office candidate or the candidate's personal campaign committee
490 shall deposit each contribution and public service assistance received in one or more separate
491 campaign accounts in a financial institution.
492 (b) The state office candidate or the candidate's personal campaign committee may use
493 the monies in those accounts only for political purposes.
494 (2) A state office candidate or the candidate's personal campaign committee may not
495 deposit or mingle any contributions received into a personal or business account.
496 (3) If a person who is no longer a state office candidate chooses not to expend the
497 monies remaining in a campaign account, the person shall continue to file the year-end
498 summary report required by Section 20A-11-203 until the statement of dissolution and final
499 summary report required by Section 20A-11-205 are filed with the lieutenant governor.
500 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402 , a person who
501 is no longer a state office candidate may not expend or transfer the monies in a campaign
502 account in a manner that would cause the former state office candidate to recognize the monies
503 as taxable income under federal tax law.
504 (b) A person who is no longer a state office candidate may transfer the monies in a
505 campaign account in a manner that would cause the former state office candidate to recognize
506 the monies as taxable income under federal tax law if the transfer is made to a campaign
507 account for federal office.
508 (5) (a) As used in this Subsection (5) and Section 20A-11-204 , "received" means:
509 (i) for a cash contribution, that the cash is given to a state office candidate or a member
510 of the candidate's personal campaign committee;
511 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
512 instrument or check is negotiated; and
513 (iii) for any other type of contribution, that any portion of the contribution's benefit
514 inures to the state office candidate.
515 (b) Each state office candidate shall report to the lieutenant governor each contribution
516 and public service assistance [
517 (i) within 30 days after the contribution or public service assistance is received[
518 (ii) within 72 hours if the contribution or public service assistance is:
519 (A) in excess of $1,000; and
520 (B) within the possession of the state office candidate or the state office candidate's
521 personal campaign committee seven days before an election.
522 Section 5. Section 20A-11-203 is amended to read:
523 20A-11-203. State office candidate -- Financial reporting requirements --
524 Year-end summary report.
525 (1) (a) Each state office candidate shall file a summary report by January 10 of the year
526 after the regular general election year.
527 (b) [
528 requirements of Subsection (1)(a), a former state office candidate that has not filed the
529 statement of dissolution and final summary report required under Section 20A-11-205 shall
530 continue to file a summary report on January 10 of each year.
531 (2) (a) Each summary report shall include the following information as of December 31
532 of the previous year:
533 (i) the net balance of the last [
534 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
535 if any;
536 (iii) a single figure equal to the total amount of expenditures reported on all interim
537 reports, if any, filed during the previous year;
538 (iv) a detailed listing of each contribution and public service assistance received since
539 the last summary report that has not been reported in detail on an interim report;
540 (v) for each nonmonetary contribution:
541 (A) the fair market value of the contribution with that information provided by the
542 contributor; and
543 (B) a specific description of the contribution;
544 (vi) a detailed listing of each expenditure made since the last summary report that has
545 not been reported in detail on an interim report;
546 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
547 (viii) a net balance for the year consisting of the net balance from the last summary
548 report, if any, plus all receipts minus all expenditures.
549 [
550
551 [
552
553 [
554 December 31 of the previous year.
555 (c) A check or negotiable instrument within the possession of a state office candidate
556 or the state office candidate's personal campaign committee on or before December 31 of the
557 previous year shall be negotiated and included in the summary report.
558 (3) [
559 member of the state office candidate's personal campaign committee or [
560 candidate [
561 person's knowledge, all receipts and all expenditures have been reported as of December 31 of
562 the previous year and that there are no bills or obligations outstanding and unpaid except as set
563 forth in that report.
564 Section 6. Section 20A-11-204 is amended to read:
565 20A-11-204. State office candidate -- Financial reporting requirements -- Interim
566 reports.
567 (1) Each state office candidate shall file an interim report at the following times in any
568 year in which the candidate has filed a declaration of candidacy for a public office:
569 (a) seven days before the candidate's political convention;
570 (b) seven days before the regular primary election date;
571 (c) August 31; and
572 (d) seven days before the regular general election date.
573 (2) Each interim report shall include the following information:
574 (a) the net balance of the last [
575 (b) a single figure equal to the total amount of receipts reported on all prior interim
576 reports, if any, during the calendar year in which the interim report is due;
577 (c) a single figure equal to the total amount of expenditures reported on all prior
578 interim reports, if any, filed during the calendar year in which the interim report is due;
579 (d) a detailed listing of each contribution and public service assistance received since
580 the last summary report that has not been reported in detail on a prior interim report;
581 (e) for each nonmonetary contribution:
582 (i) the fair market value of the contribution with that information provided by the
583 contributor; and
584 (ii) a specific description of the contribution;
585 (f) a detailed listing of each expenditure made since the last summary report that has
586 not been reported in detail on a prior interim report;
587 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
588 (h) a net balance for the year consisting of the net balance from the last summary
589 report, if any, plus all receipts since the last summary report minus all expenditures since the
590 last summary report; and
591 (i) a summary page in the form required by the lieutenant governor that identifies:
592 (i) beginning balance;
593 (ii) total contributions during the period since the last statement;
594 (iii) total contributions to date;
595 (iv) total expenditures during the period since the last statement; and
596 (v) total expenditures to date.
597 [
598
599 [
600
601 [
602 reported as of five days before the required filing date of the report.
603 (b) Any negotiable instrument or check [
604 office candidate or a state office candidate's personal campaign committee more than five days
605 before the required filing date of a report required by this section shall be negotiated and
606 included in the interim report.
607 Section 7. Section 20A-11-206 is amended to read:
608 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
609 (1) (a) If a state office candidate fails to file an interim report due before the regular
610 primary election, on August 31, or before the regular general election, the lieutenant governor
611 shall, after making a reasonable attempt to discover if the report was timely [
612
613 entity in accordance with Section 20A-11-1005 .
614 [
615
616 [
617
618
619 [
620 [
621
622
623 [
624
625 (b) The lieutenant governor may not impose the fine if:
626 (i) the candidate timely files the reports required by this section no later than the due
627 date in accordance with Section 20A-11-103 ;
628 (ii) [
629 information required by this part except for inadvertent omissions or insignificant errors or
630 inaccuracies; and
631 (iii) [
632 explained, clearly shown, and corrected in:
633 (A) an amended report; or [
634 (B) the next scheduled report.
635 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
636 governor shall review each filed summary report to ensure that:
637 (i) each state office candidate that is required to file a summary report has filed one;
638 and
639 (ii) each summary report contains the information required by this part.
640 (b) If it appears that any state office candidate has failed to file the summary report
641 required by law, if it appears that a filed summary report does not conform to the law, or if the
642 lieutenant governor has received a written complaint alleging a violation of the law or the
643 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
644 violation or receipt of a written complaint, notify the state office candidate of the violation or
645 written complaint and direct the state office candidate to file a summary report correcting the
646 problem.
647 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
648 report within 14 days after receiving notice from the lieutenant governor under this section.
649 (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
650 misdemeanor.
651 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
652 attorney general.
653 Section 8. Section 20A-11-301 is amended to read:
654 20A-11-301. Legislative office candidate -- Campaign requirements.
655 (1) Each legislative office candidate shall deposit each contribution and public service
656 assistance received in one or more separate accounts in a financial institution that are dedicated
657 only to that purpose.
658 (2) A legislative office candidate may not deposit or mingle any contributions or public
659 service assistance received into a personal or business account.
660 (3) A legislative office candidate may not make any political expenditures prohibited
661 by law.
662 (4) If a person who is no longer a legislative candidate chooses not to expend the
663 monies remaining in a campaign account, the person shall continue to file the year-end
664 summary report required by Section 20A-11-302 until the statement of dissolution and final
665 summary report required by Section 20A-11-304 are filed with the lieutenant governor.
666 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402 , a person who
667 is no longer a legislative office candidate may not expend or transfer the monies in a campaign
668 account in a manner that would cause the former legislative office candidate to recognize the
669 monies as taxable income under federal tax law.
670 (b) A person who is no longer a legislative office candidate may transfer the monies in
671 a campaign account in a manner that would cause the former legislative office candidate to
672 recognize the monies as taxable income under federal tax law if the transfer is made to a
673 campaign account for federal office.
674 (6) (a) As used in this Subsection (6) and Section 20A-11-303 , "received" means:
675 (i) for a cash contribution, that the cash is given to a legislative office candidate or a
676 member of the candidate's personal campaign committee;
677 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
678 instrument or check is negotiated; and
679 (iii) for any other type of contribution, that any portion of the contribution's benefit
680 inures to the legislative office candidate.
681 (b) Each legislative office candidate shall report to the lieutenant governor each
682 contribution and public service assistance [
683 (i) within 30 days after the contribution or public service assistance is received[
684 (ii) within 72 hours if the contribution or public service assistance is:
685 (A) in excess of $1,000; and
686 (B) within the legislative office candidate's possession seven days before an election.
687 Section 9. Section 20A-11-302 is amended to read:
688 20A-11-302. Legislative office candidate -- Financial reporting requirements --
689 Year-end summary report.
690 (1) (a) Each legislative office candidate shall file a summary report by January 10 of
691 the year after the regular general election year.
692 (b) [
693 requirements of Subsection (1)(a), a former legislative office candidate that has not filed the
694 statement of dissolution and final summary report required under Section 20A-11-304 shall
695 continue to file a summary report on January 10 of each year.
696 (2) (a) Each summary report shall include the following information as of December 31
697 of the previous year:
698 (i) the net balance of the last [
699 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
700 if any, during the calendar year in which the summary report is due;
701 (iii) a single figure equal to the total amount of expenditures reported on all interim
702 reports, if any, filed during the previous year;
703 (iv) a detailed listing of each receipt, contribution, and public service assistance since
704 the last summary report that has not been reported in detail on an interim report;
705 (v) for each nonmonetary contribution:
706 (A) the fair market value of the contribution with that information provided by the
707 contributor; and
708 (B) a specific description of the contribution;
709 (vi) a detailed listing of each expenditure made since the last summary report that has
710 not been reported in detail on an interim report;
711 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
712 (viii) a net balance for the year consisting of the net balance from the last summary
713 report, if any, plus all receipts minus all expenditures.
714 [
715
716 [
717
718 [
719 December 31 of the previous year.
720 (c) A check or negotiable instrument within the legislative office candidate's
721 possession on or before December 31 of the previous year shall be negotiated and included in
722 the summary report.
723 (3) [
724 candidate [
725 knowledge, all receipts and all expenditures have been reported as of December 31 of the
726 previous year and that there are no bills or obligations outstanding and unpaid except as set
727 forth in that report.
728 Section 10. Section 20A-11-303 is amended to read:
729 20A-11-303. Legislative office candidate -- Financial reporting requirements --
730 Interim reports.
731 (1) Each legislative office candidate shall file an interim report at the following times
732 in any year in which the candidate has filed a declaration of candidacy for a public office:
733 (a) seven days before the candidate's political convention;
734 (b) seven days before the regular primary election date;
735 (c) August 31; and
736 (d) seven days before the regular general election date.
737 (2) Each interim report shall include the following information:
738 (a) the net balance of the last [
739 (b) a single figure equal to the total amount of receipts reported on all prior interim
740 reports, if any, during the calendar year in which the interim report is due;
741 (c) a single figure equal to the total amount of expenditures reported on all prior
742 interim reports, if any, filed during the calendar year in which the interim report is due;
743 (d) a detailed listing of each contribution and public service assistance received since
744 the last summary report that has not been reported in detail on a prior interim report;
745 (e) for each nonmonetary contribution:
746 (i) the fair market value of the contribution with that information provided by the
747 contributor; and
748 (ii) a specific description of the contribution;
749 (f) a detailed listing of each expenditure made since the last summary report that has
750 not been reported in detail on a prior interim report;
751 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
752 (h) a net balance for the year consisting of the net balance from the last summary
753 report, if any, plus all receipts since the last summary report minus all expenditures since the
754 last summary report; and
755 (i) a summary page in the form required by the lieutenant governor that identifies:
756 (i) beginning balance;
757 (ii) total contributions during the period since the last statement;
758 (iii) total contributions to date;
759 (iv) total expenditures during the period since the last statement; and
760 (v) total expenditures to date.
761 [
762
763 [
764
765 [
766 reported as of five days before the required filing date of the report.
767 (b) Any negotiable instrument or check [
768 legislative office candidate more than five days before the required filing date of a report
769 required by this section shall be negotiated and included in the interim report.
770 Section 11. Section 20A-11-305 is amended to read:
771 20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
772 (1) (a) If a legislative office candidate fails to file an interim report due before the
773 regular primary election, on August 31, or before the regular general election, the lieutenant
774 governor shall, after making a reasonable attempt to discover if the report was timely [
775
776 against the filing entity in accordance with Section 20A-11-1005 .
777 [
778
779 [
780
781
782 [
783 [
784
785
786 [
787
788 (b) The lieutenant governor may not impose the fine if:
789 (i) the candidate timely files the reports required by this section no later than the due
790 date in accordance with Section 20A-11-103 ;
791 (ii) [
792 information required by this part except for inadvertent omissions or insignificant errors or
793 inaccuracies; and
794 (iii) [
795 explained, clearly shown, and corrected in:
796 (A) an amended report; or [
797 (B) the next scheduled report.
798 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
799 governor shall review each filed summary report to ensure that:
800 (i) each legislative office candidate that is required to file a summary report has filed
801 one; and
802 (ii) each summary report contains the information required by this part.
803 (b) If it appears that any legislative office candidate has failed to file the summary
804 report required by law, if it appears that a filed summary report does not conform to the law, or
805 if the lieutenant governor has received a written complaint alleging a violation of the law or the
806 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
807 violation or receipt of a written complaint, notify the legislative office candidate of the
808 violation or written complaint and direct the legislative office candidate to file a summary
809 report correcting the problem.
810 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
811 summary report within 14 days after receiving notice from the lieutenant governor under this
812 section.
813 (ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
814 class B misdemeanor.
815 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
816 attorney general.
817 Section 12. Section 20A-11-401 is amended to read:
818 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
819 report.
820 (1) (a) Each officeholder shall file a summary report by January 10 of each year.
821 (b) An officeholder that is required to file a summary report both as an officeholder and
822 as a candidate for office under the requirements of this chapter may file a single summary
823 report as a candidate and an officeholder, provided that the combined report meets the
824 requirements of:
825 (i) this section; and
826 (ii) the section that provides the requirements for the summary report that must be filed
827 by the officeholder in the officeholder's capacity of a candidate for office.
828 (2) (a) Each summary report shall include the following information as of December 31
829 of the previous year:
830 (i) the net balance of the last summary report, if any;
831 (ii) a single figure equal to the total amount of receipts received since the last summary
832 report, if any;
833 (iii) a single figure equal to the total amount of expenditures made since the last
834 summary report, if any;
835 (iv) a detailed listing of each contribution and public service assistance received since
836 the last summary report;
837 (v) for each nonmonetary contribution:
838 (A) the fair market value of the contribution with that information provided by the
839 contributor; and
840 (B) a specific description of the contribution;
841 (vi) a detailed listing of each expenditure made since the last summary report;
842 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
843 (viii) a net balance for the year consisting of the net balance from the last summary
844 report plus all receipts minus all expenditures.
845 [
846
847 [
848
849 [
850 December 31 of the previous year.
851 (3) The summary report shall contain a paragraph signed by the officeholder certifying
852 that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
853 reported as of December 31 of the last calendar year and that there are no bills or obligations
854 outstanding and unpaid except as set forth in that report.
855 Section 13. Section 20A-11-403 is amended to read:
856 20A-11-403. Failure to file -- Penalties.
857 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
858 governor shall review each filed summary report to ensure that:
859 (a) each officeholder that is required to file a summary report has filed one; and
860 (b) each summary report contains the information required by this part.
861 (2) If it appears that any officeholder has failed to file the summary report required by
862 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
863 governor has received a written complaint alleging a violation of the law or the falsity of any
864 summary report, the lieutenant governor shall[
865 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005 ; and
866 (b) within five days of discovery of a violation or receipt of a written complaint, notify
867 the officeholder of the violation or written complaint and direct the officeholder to file a
868 summary report correcting the problem.
869 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
870 within 14 days after receiving notice from the lieutenant governor under this section.
871 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
872 misdemeanor.
873 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
874 attorney general.
875 Section 14. Section 20A-11-506 is amended to read:
876 20A-11-506. Political party financial reporting requirements -- Year-end
877 summary report.
878 (1) The party committee of each registered political party shall file a summary report by
879 January 10 of each year.
880 (2) (a) Each summary report shall include the following information as of December 31
881 of the previous year:
882 (i) the net balance of the last summary report, if any;
883 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
884 if any, during the previous year;
885 (iii) a single figure equal to the total amount of expenditures reported on all interim
886 reports, if any, filed during the previous year;
887 (iv) a detailed listing of each contribution and public service assistance received since
888 the last summary report that has not been reported in detail on an interim report;
889 (v) for each nonmonetary contribution, the fair market value of the contribution;
890 (vi) a detailed listing of each expenditure made since the last summary report that has
891 not been reported in detail on an interim report;
892 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
893 (viii) a net balance for the year consisting of the net balance from the last summary
894 report, if any, plus all receipts minus all expenditures.
895 [
896
897 [
898
899 [
900 December 31 of the previous year.
901 (3) The summary report shall contain a paragraph signed by the treasurer of the party
902 committee certifying that, to the best of the treasurer's knowledge, all receipts and all
903 expenditures have been reported as of December 31 of the previous year and that there are no
904 bills or obligations outstanding and unpaid except as set forth in that report.
905 Section 15. Section 20A-11-507 is amended to read:
906 20A-11-507. Political party financial reporting requirements -- Interim reports.
907 (1) The party committee of each registered political party shall file an interim report at
908 the following times in any year in which there is a regular general election:
909 (a) seven days before the registered political party's political convention;
910 (b) seven days before the regular primary election date;
911 [
912 [
913 (2) Each interim report shall include the following information:
914 (a) the net balance of the last [
915 (b) a single figure equal to the total amount of receipts reported on all prior interim
916 reports, if any, during the calendar year in which the interim report is due;
917 (c) a single figure equal to the total amount of expenditures reported on all prior
918 interim reports, if any, filed during the calendar year in which the interim report is due;
919 (d) a detailed listing of each contribution and public service assistance received since
920 the last summary report that has not been reported in detail on a prior interim report;
921 (e) for each nonmonetary contribution, the fair market value of the contribution;
922 (f) a detailed listing of each expenditure made since the last summary report that has
923 not been reported in detail on a prior interim report;
924 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
925 (h) a net balance for the year consisting of the net balance from the last summary
926 report, if any, plus all receipts since the last summary report minus all expenditures since the
927 last summary report; and
928 (i) a summary page in the form required by the lieutenant governor that identifies:
929 (i) beginning balance;
930 (ii) total contributions during the period since the last statement;
931 (iii) total contributions to date;
932 (iv) total expenditures during the period since the last statement; and
933 (v) total expenditures to date.
934 [
935
936 [
937
938 [
939 reported as of five days before the required filing date of the report.
940 Section 16. Section 20A-11-508 is amended to read:
941 20A-11-508. Political party reporting requirements -- Criminal penalties -- Fines.
942 (1) (a) Each registered political party that fails to file [
943
944 (i) subject to a fine imposed in accordance with Section 20A-11-1005 ; and
945 (ii) guilty of a class B misdemeanor.
946 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
947 attorney general.
948 (2) Within 30 days after a deadline for the filing of a summary report required by this
949 part, the lieutenant governor shall review each filed report to ensure that:
950 (a) each political party that is required to file a report has filed one; and
951 (b) each report contains the information required by this part.
952 (3) If it appears that any political party has failed to file a report required by law, if it
953 appears that a filed report does not conform to the law, or if the lieutenant governor has
954 received a written complaint alleging a violation of the law or the falsity of any report, the
955 lieutenant governor shall, within five days of discovery of a violation or receipt of a written
956 complaint, notify the political party of the violation or written complaint and direct the political
957 party to file a summary report correcting the problem.
958 (4) (a) It is unlawful for any political party to fail to file or amend a summary report
959 within 14 days after receiving notice from the lieutenant governor under this section.
960 (b) Each political party who violates Subsection (4)(a) is guilty of a class B
961 misdemeanor.
962 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
963 attorney general.
964 Section 17. Section 20A-11-509 is enacted to read:
965 20A-11-509. Designation of contribution's use prohibited.
966 A person making a contribution to a registered political party may not request that the
967 registered political party expend the contribution in a way to benefit a specific candidate.
968 Section 18. Section 20A-11-510 is enacted to read:
969 20A-11-510. Reporting of contributions over $1,000.
970 A registered political party shall report to the lieutenant governor each contribution
971 received within 72 hours if the contribution is:
972 (1) in excess of $1,000; and
973 (2) within the registered political party's possession seven days before an election.
974 Section 19. Section 20A-11-602 is amended to read:
975 20A-11-602. Political action committees -- Financial reporting.
976 (1) (a) Each registered political action committee that has received contributions
977 totaling at least $750, or disbursed expenditures totaling at least $50, during a calendar year
978 shall file a verified financial statement with the lieutenant governor's office [
979 (i) on January 10, reporting contributions and expenditures as of December 31 of the
980 previous year;
981 (ii) seven days before the regular primary election date;
982 [
983 [
984 (b) The registered political action committee shall report:
985 (i) a detailed listing of all contributions received and expenditures made since the last
986 statement; and
987 (ii) for financial statements filed [
988 Subsections (1)(a)(ii) through (iv), all contributions and expenditures as of five days before the
989 required filing date of the financial statement.
990 (c) The registered political action committee need not file a statement under this
991 section if it received no contributions and made no expenditures during the reporting period.
992 (2) [
993 [
994 contribution to the reporting political action committee, and the amount of the contribution;
995 [
996 contribution to the reporting political action committee, and the amount of the contribution;
997 [
998 makes a contribution to the reporting political action committee, and the amount of the
999 contribution;
1000 [
1001 [
1002 from the reporting political action committee, and the amount of each expenditure;
1003 [
1004 [
1005 reporting political action committee;
1006 [
1007 or chief financial officer [
1008 knowledge, the financial report is accurate; and
1009 [
1010 identifies:
1011 [
1012 [
1013 [
1014 [
1015 [
1016 [
1017
1018 [
1019
1020 (3) A group or entity may not divide or separate into units, sections, or smaller groups
1021 for the purpose of avoiding the financial reporting requirements of this chapter, and substance
1022 shall prevail over form in determining the scope or size of a political action committee.
1023 (4) A registered political action committee shall report to the lieutenant governor each
1024 contribution received within 72 hours if the contribution is:
1025 (a) in excess of $1,000; and
1026 (b) within the political action committee's possession seven days before an election or
1027 municipal election.
1028 Section 20. Section 20A-11-603 is amended to read:
1029 20A-11-603. Criminal penalties -- Fines.
1030 (1) (a) Each political action committee that fails to file the statement due before the
1031 regular primary election, on August 31 or before the regular general session is:
1032 (i) subject to a fine imposed in accordance with Section 20A-11-1005 ; and
1033 (ii) guilty of a class B misdemeanor.
1034 (b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
1035 attorney general.
1036 (2) Within 30 days after a deadline for the filing of the January 10 statement required
1037 by this part, the lieutenant governor shall review each filed statement to ensure that:
1038 (a) each political action committee that is required to file a statement has filed one; and
1039 (b) each statement contains the information required by this part.
1040 (3) If it appears that any political action committee has failed to file the January 10
1041 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
1042 governor has received a written complaint alleging a violation of the law or the falsity of any
1043 statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
1044 of a written complaint, notify the political action committee of the violation or written
1045 complaint and direct the political action committee to file a statement correcting the problem.
1046 (4) (a) It is unlawful for any political action committee to fail to file or amend a
1047 statement within 14 days after receiving notice from the lieutenant governor under this section.
1048 (b) Each political action committee who violates Subsection (4)(a) is guilty of a class B
1049 misdemeanor.
1050 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
1051 attorney general.
1052 Section 21. Section 20A-11-604 is enacted to read:
1053 20A-11-604. Designation of contribution's use prohibited.
1054 A person making a contribution to a political action committee may not request that the
1055 political action committee expend the contribution in a way to benefit a specific candidate.
1056 Section 22. Section 20A-11-701 is amended to read:
1057 20A-11-701. Campaign financial reporting of candidate campaign contributions
1058 by corporations -- Filing requirements -- Statement contents.
1059 (1) (a) Each corporation that has made expenditures for political purposes that total at
1060 least $750 during a calendar year shall file a verified financial statement with the lieutenant
1061 governor's office [
1062 (i) on January 10, reporting expenditures as of December 31 of the previous year;
1063 (ii) seven days before the regular primary election date;
1064 [
1065 [
1066 (b) The corporation shall report:
1067 (i) a detailed listing of all expenditures made since the last statement; [
1068 (ii) for financial statements filed [
1069 Subsections (1)(a)(ii) through (iv), all expenditures as of three days before the required filing
1070 date of the financial statement[
1071 (iii) whether the corporation, including an officer, director, spouse, or person with at
1072 least 10% ownership in the corporation:
1073 (A) has bid since the last financial statement on a contract, as defined in Section
1074 63G-6-103 , in excess of $100,000;
1075 (B) is currently bidding on a contract, as defined in Section 63G-6-103 , in excess of
1076 $100,000; or
1077 (C) is a party to a contract, as defined in Section 63G-6-103 , in excess of $100,000.
1078 (c) The corporation need not file a statement under this section if it made no
1079 expenditures during the reporting period.
1080 (2) That statement shall include:
1081 (a) the name and address of each reporting entity that received an expenditure from the
1082 corporation, and the amount of each expenditure;
1083 (b) the total amount of expenditures disbursed by the corporation; and
1084 (c) [
1085
1086 financial report.
1087 Section 23. Section 20A-11-702 is amended to read:
1088 20A-11-702. Campaign financial reporting of political issues expenditures by
1089 corporations -- Financial reporting.
1090 (1) (a) Each corporation that has made political issues expenditures on current or
1091 proposed ballot issues that total at least $750 during a calendar year shall file a verified
1092 financial statement with the lieutenant governor's office [
1093 (i) on January 10, reporting expenditures as of December 31 of the previous year;
1094 (ii) seven days before the regular primary election date;
1095 [
1096 [
1097 (b) The corporation shall report:
1098 (i) a detailed listing of all expenditures made since the last statement; and
1099 (ii) for financial statements [
1100
1101 required filing date of the financial statement.
1102 (c) The corporation need not file a statement under this section if it made no
1103 expenditures during the reporting period.
1104 (2) That statement shall include:
1105 (a) the name and address of each individual, entity, or group of individuals or entities
1106 that received a political issues expenditure [
1107 amount of each political issues expenditure;
1108 (b) the total amount of political issues expenditures disbursed by the corporation; and
1109 (c) [
1110 officer [
1111 Section 24. Section 20A-11-703 is amended to read:
1112 20A-11-703. Criminal penalties -- Fines.
1113 (1) Within 30 days after a deadline for the filing of any statement required by this part,
1114 the lieutenant governor shall review each filed statement to ensure that:
1115 (a) each corporation that is required to file a statement has filed one; and
1116 (b) each statement contains the information required by this part.
1117 (2) If it appears that any corporation has failed to file any statement, if it appears that a
1118 filed statement does not conform to the law, or if the lieutenant governor has received a written
1119 complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor
1120 shall[
1121 (a) impose a fine against the corporation in accordance with Section 20A-11-1005 ; and
1122 (b) within five days of discovery of a violation or receipt of a written complaint, notify
1123 the corporation of the violation or written complaint and direct the corporation to file a
1124 statement correcting the problem.
1125 (3) (a) It is unlawful for any corporation to fail to file or amend a statement within 14
1126 days after receiving notice from the lieutenant governor under this section.
1127 (b) Each corporation who violates Subsection (3)(a) is guilty of a class B misdemeanor.
1128 (c) The lieutenant governor shall report all violations of [
1129 attorney general.
1130 Section 25. Section 20A-11-802 is amended to read:
1131 20A-11-802. Political issues committees -- Financial reporting.
1132 (1) (a) Each registered political issues committee that has received political issues
1133 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
1134 $50, during a calendar year, shall file a verified financial statement with the lieutenant
1135 governor's office:
1136 (i) on January 10, reporting contributions and expenditures as of December 31 of the
1137 previous year;
1138 (ii) seven days before the date of an incorporation election, if the political issues
1139 committee has received donations or made disbursements to affect an incorporation;
1140 (iii) at least three days before the first public hearing held as required by Section
1141 20A-7-204.1 ;
1142 (iv) if the political issues committee has received or expended funds in relation to an
1143 initiative or referendum, at the time the initiative or referendum sponsors submit:
1144 (A) the verified and certified initiative packets as required by Section 20A-7-206 ; or
1145 (B) the signed and verified referendum packets as required by Section 20A-7-306 ;
1146 (v) on August 31; and
1147 (vi) seven days before the regular general election.
1148 (b) The political issues committee shall report:
1149 (i) a detailed listing of all contributions received and expenditures made since the last
1150 statement; and
1151 (ii) for financial statements filed on August 31 and before the general election, all
1152 contributions and expenditures as of three days before the required filing date of the financial
1153 statement.
1154 (c) The political issues committee need not file a statement under this section if it
1155 received no contributions and made no expenditures during the reporting period.
1156 (2) (a) That statement shall include:
1157 (i) the name[
1158 issues contribution to the reporting political issues committee, and the amount of the political
1159 issues contribution;
1160 (ii) the identification of any publicly identified class of individuals that makes a
1161 political issues contribution to the reporting political issues committee, and the amount of the
1162 political issues contribution;
1163 (iii) the name and address of any political issues committee, group, or entity that makes
1164 a political issues contribution to the reporting political issues committee, and the amount of the
1165 political issues contribution;
1166 (iv) the name and address of each reporting entity that makes a political issues
1167 contribution to the reporting political issues committee, and the amount of the political issues
1168 contribution;
1169 (v) for each nonmonetary contribution, the fair market value of the contribution;
1170 (vi) [
1171 entity, or group of individuals or entities that received a political issues expenditure [
1172
1173 expenditure;
1174 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1175 (viii) the total amount of political issues contributions received and political issues
1176 expenditures disbursed by the reporting political issues committee;
1177 (ix) [
1178 chief financial officer [
1179 knowledge, the financial statement is accurate; and
1180 (x) a summary page in the form required by the lieutenant governor that identifies:
1181 (A) beginning balance;
1182 (B) total contributions during the period since the last statement;
1183 (C) total contributions to date;
1184 (D) total expenditures during the period since the last statement; and
1185 (E) total expenditures to date.
1186 [
1187
1188
1189 [
1190
1191
1192 [
1193 petitions, the political issues committee:
1194 (i) need only report the amount paid to each initiative petition circulator; and
1195 (ii) need not report the name or address of the circulator.
1196 (3) A registered political issues committee shall report to the lieutenant governor each
1197 contribution received within 72 hours if the contribution is:
1198 (a) in excess of $1,000; and
1199 (b) within the political issues committee's possession seven days before an election or a
1200 municipal election.
1201 Section 26. Section 20A-11-901 is amended to read:
1202 20A-11-901. Political advertisements -- Requirement that ads designate
1203 responsibility and authorization -- Unauthorized use of endorsements.
1204 (1) (a) Whenever any person makes an expenditure for the purpose of financing an
1205 advertisement expressly advocating the election or defeat of a clearly identified candidate, or
1206 solicits any contribution through any broadcasting station, newspaper, magazine, outdoor
1207 advertising facility, direct mailing, or any other type of general public political advertising, the
1208 advertisement:
1209 (i) if paid for and authorized by a candidate or the candidate's campaign committee,
1210 shall clearly state that the advertisement has been paid for by the candidate or the campaign
1211 committee;
1212 (ii) if paid for by another person but authorized by a candidate or the candidate's
1213 campaign committee, shall clearly state who paid for the advertisement and that the candidate
1214 or the campaign committee authorized the advertisement; or
1215 (iii) if not authorized by a candidate or his campaign committee, shall clearly state the
1216 name of the person who paid for the advertisement and state that the advertisement is not
1217 authorized by any candidate or candidate's committee.
1218 (b) The requirements of Subsection (1)(a) do not apply to:
1219 (i) lawn signs with dimensions of four by eight feet or smaller;
1220 (ii) bumper stickers;
1221 (iii) campaign pins, buttons, and pens; and
1222 (iv) similar small items upon which the disclaimer cannot be conveniently printed.
1223 (2) (a) A person who pays for an electioneering communication shall file a report with
1224 the lieutenant governor within 24 hours of making the payment or promising to make the
1225 payment.
1226 (b) The report shall include:
1227 (i) the name and street address of the person described in Subsection (2)(a);
1228 (ii) the name and address of each person contributing at least $100 to the person
1229 described in Subsection (2)(a) for the purpose of disseminating the electioneering
1230 communication;
1231 (iii) the amount spent on the electioneering communication;
1232 (iv) the name of the identified referenced candidate; and
1233 (v) the medium used to disseminate the electioneering communication.
1234 [
1235 nomination or election to any public office, or in connection with any question submitted to the
1236 voters, include or cause to be included the name of any person as endorser or supporter in any
1237 political advertisement, circular, poster, or publication without the express consent of that
1238 person.
1239 [
1240 any newspaper or other periodical to induce him to advocate or oppose editorially any
1241 candidate for nomination or election.
1242 (b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
1243 advocate or oppose editorially any candidate for nomination or election.
1244 Section 27. Section 20A-11-904 is enacted to read:
1245 20A-11-904. Contribution given in another's name prohibited.
1246 A person may not:
1247 (1) make a contribution in the name of another;
1248 (2) knowingly permit another to make a contribution in the person's name; or
1249 (3) knowingly accept a contribution made by one person in the name of another.
1250 Section 28. Section 20A-11-1001 is amended to read:
1251 20A-11-1001. Electronic form prepared by chief election officer.
1252 The chief election officer shall:
1253 (1) develop and prepare [
1254 required by this chapter; and
1255 (2) provide [
1256 committee, to every candidate, and to all others who request them.
1257 Section 29. Section 20A-11-1002 is amended to read:
1258 20A-11-1002. Retention and public inspection of financial statements -- Written
1259 complaint if statement is false or unlawful.
1260 (1) The chief election officer shall:
1261 (a) make each financial statement required by this chapter or Chapter 12, Part 2,
1262 Judicial Retention Elections:
1263 (i) open to public inspection in the office of the chief election officer; and
1264 (ii) available for viewing on the Internet [
1265
1266 Section 20A-11-103 ;
1267 (b) preserve those statements for at least five years; and
1268 (c) provide certified copies of the financial statements in the same manner as for other
1269 public records.
1270 (2) Any candidate or voter may file a written complaint with the chief election officer
1271 alleging that a filed financial statement does not conform to law or to the truth.
1272 Section 30. Section 20A-11-1005 is enacted to read:
1273 20A-11-1005. Fines for failing to file a financial statement.
1274 (1) The chief election officer shall fine a filing entity:
1275 (a) $300 for failing to file a financial statement by the filing deadline; and
1276 (b) $500 for each month after the filing deadline in which the filing entity fails to file
1277 the report.
1278 (2) If a filing entity is unable to pay the fine and files an affidavit of impecuniosity in a
1279 manner similar to Subsection 20A-9-201 (5)(d), the chief election officer shall impose the fine
1280 against the candidate or treasurer, as appropriate.
1281 (3) The chief election officer shall deposit fines collected under this chapter in the
1282 General Fund.
1283 Section 31. Section 20A-11-1301 is amended to read:
1284 20A-11-1301. School board office candidate -- Campaign requirements.
1285 (1) Each school board office candidate shall deposit each contribution and public
1286 service assistance received in one or more separate accounts in a financial institution that are
1287 dedicated only to that purpose.
1288 (2) A school board office candidate may not deposit or mingle any contributions or
1289 public service assistance received into a personal or business account.
1290 (3) A school board office candidate may not make any political expenditures prohibited
1291 by law.
1292 (4) If a person who is no longer a school board candidate chooses not to expend the
1293 monies remaining in a campaign account, the person shall continue to file the year-end
1294 summary report required by Section 20A-11-1302 until the statement of dissolution and final
1295 summary report required by Section 20A-11-1304 are filed with:
1296 (a) the lieutenant governor in the case of a state school board candidate; and
1297 (b) the county clerk, in the case of a local school board candidate.
1298 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402 , a person who
1299 is no longer a school board candidate may not expend or transfer the monies in a campaign
1300 account in a manner that would cause the former school board candidate to recognize the
1301 monies as taxable income under federal tax law.
1302 (b) A person who is no longer a school board candidate may transfer the monies in a
1303 campaign account in a manner that would cause the former school board candidate to recognize
1304 the monies as taxable income under federal tax law if the transfer is made to a campaign
1305 account for federal office.
1306 (6) (a) As used in this Subsection (6) and Section 20A-11-1303 , "received" means:
1307 (i) for a cash contribution, that the cash is given to a [
1308 candidate or a member of the candidate's personal campaign committee;
1309 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1310 instrument or check is negotiated; and
1311 (iii) for any other type of contribution, that any portion of the contribution's benefit
1312 inures to the [
1313 (b) Each school board office candidate shall report to the chief election officer each
1314 contribution and public service assistance [
1315 (i) within 30 days after the contribution or public service assistance is received[
1316 (ii) within 72 hours if the contribution or public service assistance is:
1317 (A) in excess of $1,000; and
1318 (B) within the school board office candidate's possession seven days before an election.
1319 Section 32. Section 20A-11-1302 is amended to read:
1320 20A-11-1302. School board office candidate -- Financial reporting requirements
1321 -- Year-end summary report.
1322 (1) (a) Each school board office candidate shall file a summary report by January 10 of
1323 the year after the regular general election year.
1324 (b) [
1325 requirements of Subsection (1)(a), a former school board office candidate that has not filed the
1326 statement of dissolution and final summary report required under Section 20A-11-1304 shall
1327 continue to file a summary report on January 10 of each year.
1328 (2) (a) Each summary report shall include the following information as of December 31
1329 of the previous year:
1330 (i) the net balance of the last [
1331 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
1332 if any, during the previous year;
1333 (iii) a single figure equal to the total amount of expenditures reported on all interim
1334 reports, if any, filed during the previous year;
1335 (iv) a detailed listing of each receipt, contribution, and public service assistance since
1336 the last summary report that has not been reported in detail on an interim report;
1337 (v) for each nonmonetary contribution:
1338 (A) the fair market value of the contribution with that information provided by the
1339 contributor; and
1340 (B) a specific description of the contribution;
1341 (vi) a detailed listing of each expenditure made since the last summary report that has
1342 not been reported in detail on an interim report;
1343 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
1344 (viii) a net balance for the year consisting of the net balance from the last summary
1345 report, if any, plus all receipts minus all expenditures.
1346 [
1347
1348 [
1349
1350 [
1351 December 31 of the previous year.
1352 (c) A check or negotiable instrument within the possession of a school board office
1353 candidate on or before December 31 of the previous year shall be negotiated and included in
1354 the summary report.
1355 (3) [
1356 office candidate [
1357 board office candidate's knowledge, all receipts and all expenditures have been reported as of
1358 December 31 of the previous year and that there are no bills or obligations outstanding and
1359 unpaid except as set forth in that report.
1360 Section 33. Section 20A-11-1303 is amended to read:
1361 20A-11-1303. School board office candidate -- Financial reporting requirements
1362 -- Interim reports.
1363 (1) Each school board office candidate shall file an interim report at the following
1364 times in any year in which the candidate has filed a declaration of candidacy for a public office:
1365 (a) May 15, for state school board office candidates;
1366 (b) seven days before the regular primary election date;
1367 (c) August 31; and
1368 (d) seven days before the regular general election date.
1369 (2) Each interim report shall include the following information:
1370 (a) the net balance of the last [
1371 (b) a single figure equal to the total amount of receipts reported on all prior interim
1372 reports, if any, during the calendar year in which the interim report is due;
1373 (c) a single figure equal to the total amount of expenditures reported on all prior
1374 interim reports, if any, filed during the calendar year in which the interim report is due;
1375 (d) a detailed listing of each contribution and public service assistance received since
1376 the last summary report that has not been reported in detail on a prior interim report;
1377 (e) for each nonmonetary contribution:
1378 (i) the fair market value of the contribution with that information provided by the
1379 contributor; and
1380 (ii) a specific description of the contribution;
1381 (f) a detailed listing of each expenditure made since the last summary report that has
1382 not been reported in detail on a prior interim report;
1383 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1384 (h) a net balance for the year consisting of the net balance from the last summary
1385 report, if any, plus all receipts since the last summary report minus all expenditures since the
1386 last summary report; and
1387 (i) a summary page in the form required by the lieutenant governor that identifies:
1388 (i) beginning balance;
1389 (ii) total contributions during the period since the last statement;
1390 (iii) total contributions to date;
1391 (iv) total expenditures during the period since the last statement; and
1392 (v) total expenditures to date.
1393 [
1394
1395 [
1396
1397 [
1398 reported as of five days before the required filing date of the report.
1399 (b) Any negotiable instrument or check [
1400 board office candidate more than five days before the required filing date of a report required
1401 by this section shall be negotiated and included in the interim report.
1402 Section 34. Section 20A-11-1305 is amended to read:
1403 20A-11-1305. School board office candidate -- Failure to file statement --
1404 Penalties.
1405 (1) (a) If a school board office candidate fails to file an interim report due before the
1406 regular primary election, on August 31, and before the regular general election, the chief
1407 election officer shall, after making a reasonable attempt to discover if the report was timely
1408 [
1409 fine against the filing entity in accordance with Section 20A-11-1005 .
1410 [
1411
1412 [
1413
1414
1415 [
1416 [
1417
1418
1419 [
1420
1421 (b) The chief election officer may not impose the fine if:
1422 (i) the candidate timely files the reports required by this section in accordance with
1423 Section 20A-11-103 ;
1424 (ii) those reports are completed, detailing accurately and completely the information
1425 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1426 and
1427 (iii) those omissions, errors, or inaccuracies [
1428 explained, clearly shown, and corrected in an amended report or in the next scheduled report.
1429 (2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
1430 for state school board, the lieutenant governor shall review each filed summary report to ensure
1431 that:
1432 (i) each state school board candidate that is required to file a summary report has filed
1433 one; and
1434 (ii) each summary report contains the information required by this part.
1435 (b) If it appears that any state school board candidate has failed to file the summary
1436 report required by law, if it appears that a filed summary report does not conform to the law, or
1437 if the lieutenant governor has received a written complaint alleging a violation of the law or the
1438 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1439 violation or receipt of a written complaint, notify the state school board candidate of the
1440 violation or written complaint and direct the state school board candidate to file a summary
1441 report correcting the problem.
1442 (c) (i) It is unlawful for any state school board candidate to fail to file or amend a
1443 summary report within 14 days after receiving notice from the lieutenant governor under this
1444 section.
1445 (ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
1446 class B misdemeanor.
1447 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1448 attorney general.
1449 (3) (a) Within 30 days after a deadline for the filing of a summary report, the county
1450 clerk shall review each filed summary report to ensure that:
1451 (i) each local school board candidate that is required to file a summary report has filed
1452 one; and
1453 (ii) each summary report contains the information required by this part.
1454 (b) If it appears that any local school board candidate has failed to file the summary
1455 report required by law, if it appears that a filed summary report does not conform to the law, or
1456 if the county clerk has received a written complaint alleging a violation of the law or the falsity
1457 of any summary report, the county clerk shall, within five days of discovery of a violation or
1458 receipt of a written complaint, notify the local school board candidate of the violation or
1459 written complaint and direct the local school board candidate to file a summary report
1460 correcting the problem.
1461 (c) (i) It is unlawful for any local school board candidate to fail to file or amend a
1462 summary report within 14 days after receiving notice from the county clerk under this section.
1463 (ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
1464 class B misdemeanor.
1465 (iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
1466 county attorney.
1467 Section 35. Section 20A-11-1402 is amended to read:
1468 20A-11-1402. Definitions.
1469 (1) As used in this part:
1470 (a) "Ballot proposition" includes constitutional amendments, initiatives, referenda,
1471 judicial retention questions, opinion questions, or other questions submitted to the voters for
1472 their approval or rejection.
1473 [
1474
1475
1476
1477 [
1478
1479 [
1480
1481
1482 [
1483 organization for political purposes that meets the requirements of this part.
1484 [
1485 or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
1486 against any candidate for public office at any caucus, political convention, [
1487 election.
1488 [
1489 condition of membership or participation in a labor organization.
1490 (2) Other terms defined in Section 20A-11-101 apply to this part.
1491 Section 36. Section 20A-11-1501 is enacted to read:
1492
1493 20A-11-1501. Campaign financial reporting of contributions -- Filing
1494 requirements -- Statement contents.
1495 (1) (a) Each labor organization that has made expenditures for political purposes or
1496 political issues expenditures on current or proposed ballot issues that total at least $750 during
1497 a calendar year shall file a verified financial statement with the lieutenant governor's office:
1498 (i) on January 10, reporting expenditures as of December 31 of the previous year;
1499 (ii) seven days before the regular primary election date;
1500 (iii) on August 31; and
1501 (iv) seven days before the regular general election date.
1502 (b) The labor organization shall report:
1503 (i) a detailed listing of all expenditures made since the last statement; and
1504 (ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
1505 expenditures as of five days before the required filing date of the financial statement.
1506 (c) The labor organization need not file a statement under this section if it made no
1507 expenditures during the reporting period.
1508 (2) That statement shall include:
1509 (a) the name and address of each reporting entity that received an expenditure or
1510 political issues expenditure from the labor organization, and the amount of each expenditure or
1511 political issues expenditure;
1512 (b) the total amount of expenditures disbursed by the labor organization; and
1513 (c) a statement by the labor organization's treasurer or chief financial officer certifying
1514 the accuracy of the financial report.
1515 Section 37. Section 20A-11-1502 is enacted to read:
1516 20A-11-1502. Criminal penalties -- Fines.
1517 (1) Within 30 days after a deadline for the filing of any statement required by this part,
1518 the lieutenant governor shall review each filed statement to ensure that:
1519 (a) each labor organization that is required to file a statement has filed one; and
1520 (b) each statement contains the information required by this part.
1521 (2) If it appears that any labor organization has failed to file any statement, if it appears
1522 that a filed statement does not conform to the law, or if the lieutenant governor has received a
1523 written complaint alleging a violation of the law or the falsity of any statement, the lieutenant
1524 governor shall:
1525 (a) impose a fine against the labor organization in accordance with Section
1526 20A-11-1005 ; and
1527 (b) within five days of discovery of a violation or receipt of a written complaint, notify
1528 the labor organization of the violation or written complaint and direct the labor organization to
1529 file a statement correcting the problem.
1530 (3) (a) It is unlawful for any labor organization to fail to file or amend a statement
1531 within 14 days after receiving notice from the lieutenant governor under this section.
1532 (b) Each labor organization who violates Subsection (3)(a) is guilty of a class B
1533 misdemeanor.
1534 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
1535 attorney general.
1536 Section 38. Section 20A-12-303 is amended to read:
1537 20A-12-303. Separate account for campaign funds -- Reporting contributions.
1538 (1) The judge or the judge's personal campaign committee shall deposit each
1539 contribution in one or more separate personal campaign accounts in a financial institution.
1540 (2) The judge or the judge's personal campaign committee may not deposit or mingle
1541 any contributions received into a personal or business account.
1542 (3) (a) As used in this Subsection (3), "received" means:
1543 (i) for a cash contribution, that the cash is given to a judge or the judge's personal
1544 campaign committee;
1545 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1546 instrument or check is negotiated; and
1547 (iii) for any other type of contribution, that any portion of the contribution's benefit
1548 inures to the judge.
1549 (b) The judge or the judge's personal campaign committee shall report to the lieutenant
1550 governor each contribution:
1551 (i) within 30 days after the contribution is received; and
1552 (ii) within 72 hours if the contribution is:
1553 (A) in excess of $1,000; and
1554 (B) within the possession of the judge or the judge's personal campaign committee
1555 seven days before an election.
1556 Section 39. Section 20A-12-304 is amended to read:
1557 20A-12-304. Judicial retention election candidates -- Financial reporting
1558 requirements -- Year-end summary report.
1559 (1) The judge's personal campaign committee shall file a summary report with the
1560 lieutenant governor by January 10 of the year after the regular general election year.
1561 (2) (a) Each summary report shall include the following information as of December 31
1562 of the last regular general election year:
1563 (i) a single figure equal to the total amount of contributions reported on the interim
1564 report;
1565 (ii) a single figure equal to the total amount of expenditures reported on the interim
1566 report;
1567 (iii) a detailed listing of each contribution received since the last summary report that
1568 has not been reported in detail on the interim report;
1569 (iv) for each nonmonetary contribution, the fair market value of the contribution;
1570 (v) a detailed listing of each expenditure made since the last summary report that has
1571 not been reported in detail on the interim report;
1572 (vi) for each nonmonetary expenditure, the fair market value of the expenditure; and
1573 (vii) the net balance for the year, consisting of all contributions minus all expenditures.
1574 [
1575
1576 [
1577
1578 (b) A check or negotiable instrument within the possession of a judge or the judge's
1579 personal campaign committee on or before December 31 of the previous year shall be
1580 negotiated and included in the summary report.
1581 (3) [
1582 shall certify in the summary report that, to the best of the judge's knowledge, all contributions
1583 and all expenditures have been reported as of December 31 of the last regular general election
1584 year and that there are no financial obligations outstanding except as set forth in the report.
1585 Section 40. Section 20A-12-305 is amended to read:
1586 20A-12-305. Judicial retention election candidates -- Financial reporting
1587 requirements -- Interim report.
1588 (1) The judge's personal campaign committee shall file an interim report with the
1589 lieutenant governor [
1590 seven days before the regular general election date.
1591 (2) Each interim report shall include the following information:
1592 (a) a detailed listing of each contribution received since the last [
1593 financial statement;
1594 (b) for each nonmonetary contribution, the fair market value of the contribution;
1595 (c) a detailed listing of each expenditure made since the last summary report;
1596 (d) for each nonmonetary expenditure, the fair market value of the expenditure; and
1597 (e) a net balance for the year consisting of all contributions since the last summary
1598 report minus all expenditures since the last summary report.
1599 [
1600
1601 [
1602
1603 [
1604 reported as of five days before the required filing date of the report.
1605 (4) A negotiable instrument or check within the possession of a judge or the judge's
1606 personal campaign committee more than five days before the required filing date of a report
1607 required by this section shall be negotiated and included in the interim report.
1608 Section 41. Section 20A-12-306 is amended to read:
1609 20A-12-306. Judges -- Failure to file reports -- Penalties.
1610 (1) (a) If a judge's personal campaign committee fails to file the interim report due
1611 before the regular general election, the lieutenant governor shall, after making a reasonable
1612 attempt to discover if the report was timely [
1613
1614 committee in accordance with Section 20A-11-1005 .
1615 [
1616
1617 [
1618
1619
1620 [
1621 [
1622
1623 [
1624 (b) The lieutenant governor may not impose a fine if:
1625 (i) the candidate timely files the reports required by this section in accordance with
1626 Section 20A-11-103 ;
1627 (ii) [
1628 information required by this part except for inadvertent omissions or insignificant errors or
1629 inaccuracies; and
1630 (iii) [
1631 (1)(b)(ii) are explained, clearly shown, and corrected in an amended report or in the next
1632 scheduled report.
1633 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
1634 governor shall review each filed summary report to ensure that:
1635 (i) each judge that is required to file a summary report has filed one; and
1636 (ii) each summary report contains the information required by this part.
1637 (b) If it appears that any judge has failed to file the summary report required by law, if
1638 it appears that a filed summary report does not conform to the law, or if the lieutenant governor
1639 has received a written complaint alleging a violation of the law or the falsity of any summary
1640 report, the lieutenant governor shall, within five days of discovery of a violation or receipt of a
1641 written complaint, notify the judge of the violation or written complaint and direct the judge to
1642 file a summary report correcting the problem.
1643 (c) (i) It is unlawful for any judge to fail to file or amend a summary report within 14
1644 days after receiving notice from the lieutenant governor under this section.
1645 (ii) Each judge who violates Subsection (2)(c)(i) is guilty of a class B misdemeanor.
1646 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1647 attorney general.
1648 Section 42. Effective date.
1649 This bill takes effect on January 1, 2011.
[Bill Documents][Bills Directory]