H.B. 304

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Mar 10, 2011 at 11:09 PM by rday. --> PLEASE NOTE:
THIS DOCUMENT INCLUDES BOTH THE BILL AND ALSO A TRANSMITTAL LETTER THAT CONTAINS PASSED AMENDMENTS BUT NOT INCORPORATED INTO THE BILL.

March 10, 2011


Madam Speaker:

The Senate passed H.B. 304, CAMPAIGN FINANCE REVISIONS, by Representative G. Hughes, with the following amendments:

1. Page 2, Lines 35 through 37 :

35 20A-12-302, as enacted by Laws of Utah 2001, Chapter 166
36 20A-12-304, as last amended by Laws of Utah 2010, Chapter 389
37 20A-12-305, as last amended by Laws of Utah 2010, Chapter 389

2. Page 17, Line 515 through Page 20, Line 601 : Delete Lines 515 through 601.

and it is transmitted to the House for consideration.

Respectfully,



Annette B. Moore
Secretary of the Senate

16 hb0304.wpd 11:06 pm ERB/rday

This document includes House Floor Amendments incorporated into the bill on Tue, Mar 8, 2011 at 9:29 AM by jeyring. --> 1 CAMPAIGN FINANCE REVISIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: Scott K. Jenkins
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to campaign finance for candidates and political
10 action committees.
11 Highlighted Provisions:
12 This bill:
13 . authorizes a candidate to receive a contribution from a political action committee;
14 . requires a candidate to identify on a financial statement any political action
15 committee for which the candidate is a primary decision-maker; and
16 . requires a primary decision-maker for a political action committee to be identified
17 on a statement of organization.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-11-202, as last amended by Laws of Utah 1997, Chapter 355
25 20A-11-203, as last amended by Laws of Utah 2010, Chapter 389
26 20A-11-204, as last amended by Laws of Utah 2010, Chapter 389
27 20A-11-301, as last amended by Laws of Utah 2010, Chapter 246

28 20A-11-302, as last amended by Laws of Utah 2010, Chapter 389
29 20A-11-303, as last amended by Laws of Utah 2010, Chapter 389
30 20A-11-401, as last amended by Laws of Utah 2009, Chapter 361
31 20A-11-601, as last amended by Laws of Utah 2008, Chapters 14 and 225
32 20A-11-1301, as last amended by Laws of Utah 2010, Chapters 246 and 389
33 20A-11-1302, as last amended by Laws of Utah 2010, Chapter 389
34 20A-11-1303, as last amended by Laws of Utah 2010, Chapter 389
35 20A-12-302, as enacted by Laws of Utah 2001, Chapter 166
36 20A-12-304, as last amended by Laws of Utah 2010, Chapter 389
37 20A-12-305, as last amended by Laws of Utah 2010, Chapter 389
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 20A-11-202 is amended to read:
41 20A-11-202. State office candidate -- Personal campaign committee required.
42 (1) (a) (i) Each state office candidate shall select no more than one personal campaign
43 committee, consisting of one or more persons, to receive contributions, make expenditures, and
44 file reports connected with the candidate's campaign.
45 (ii) A state office candidate may serve as his own campaign committee.
46 (iii) A state office candidate may be designated by a political action committee as an
47 officer who has primary decision-making authority as described in Section 20A-11-601 .
48 (b) Except for expenses made by a registered political party to benefit a party's
49 candidates generally, a state office candidate or other person acting in concert with or with the
50 knowledge of the state office candidate may not receive any contributions or make any
51 expenditures on behalf of a state office candidate other than through:
52 (i) a personal campaign committee established under this section[.]; and
53 (ii) a political action committee established under Part 6, Political Action Committee
54 Registration and Financial Reporting Requirements.
55 (2) (a) The state office candidate shall file a written statement signed by the candidate
56 or authorized member of the candidate's personal campaign committee with the lieutenant
57 governor that:
58 (i) informs the lieutenant governor that the state office candidate's personal campaign

59 committee has been selected; and
60 (ii) provides the name and address of each member and the secretary of the committee.
61 (b) A state office candidate or the candidate's personal campaign committee may not
62 make any expenditures on behalf of the candidate until the statement has been filed.
63 (c) A state office candidate may revoke the selection of any member of the campaign
64 committee by:
65 (i) revoking that person's appointment or election in writing;
66 (ii) personally serving the written revocation on the member whose selection is
67 revoked; and
68 (iii) filing a copy of the written revocation with the lieutenant governor.
69 (d) (i) The state office candidate may select a replacement to fill any vacancy on the
70 campaign committee.
71 (ii) The state office candidate shall file that replacement's name and address with the
72 lieutenant governor.
73 (3) A member of a state office candidate's personal campaign committee may not make
74 an expenditure of more than $1,000 unless the state office candidate or the secretary of the
75 personal campaign committee authorizes the expenditure in writing.
76 (4) A state office candidate or the candidate's personal campaign committee may not
77 make any expenditures prohibited by law.
78 Section 2. Section 20A-11-203 is amended to read:
79 20A-11-203. State office candidate -- Financial reporting requirements --
80 Year-end summary report.
81 (1) (a) Each state office candidate shall file a summary report by January 10 of the year
82 after the regular general election year.
83 (b) In addition to the requirements of Subsection (1)(a), a former state office candidate
84 that has not filed the statement of dissolution and final summary report required under Section
85 20A-11-205 shall continue to file a summary report on January 10 of each year.
86 (2) (a) Each summary report shall include the following information as of December 31
87 of the previous year:
88 (i) the net balance of the last financial statement, if any;
89 (ii) a single figure equal to the total amount of receipts reported on all interim reports,

90 if any;
91 (iii) a single figure equal to the total amount of expenditures reported on all interim
92 reports, if any, filed during the previous year;
93 (iv) a detailed listing of each contribution and public service assistance received since
94 the last summary report that has not been reported in detail on an interim report;
95 (v) for each nonmonetary contribution:
96 (A) the fair market value of the contribution with that information provided by the
97 contributor; and
98 (B) a specific description of the contribution;
99 (vi) a detailed listing of each expenditure made since the last summary report that has
100 not been reported in detail on an interim report;
101 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; [and]
102 (viii) a net balance for the year consisting of the net balance from the last summary
103 report, if any, plus all receipts minus all expenditures[.]; and
104 (ix) the name of a political action committee for which the state office candidate is
105 designated as an officer who has primary decision-making authority under Section
106 20A-11-601 .
107 (b) (i) For all single contributions or public service assistance of $50 or less, a single
108 aggregate figure may be reported without separate detailed listings.
109 (ii) Two or more contributions from the same source that have an aggregate total of
110 more than $50 may not be reported in the aggregate, but shall be reported separately.
111 (c) In preparing the report, all receipts and expenditures shall be reported as of
112 December 31 of the previous year.
113 (d) A check or negotiable instrument received by a state office candidate or a state
114 office candidate's personal campaign committee on or before December 31 of the previous year
115 shall be included in the summary report.
116 (3) An authorized member of the state office candidate's personal campaign committee
117 or the state office candidate shall certify in the summary report that, to the best of the person's
118 knowledge, all receipts and all expenditures have been reported as of December 31 of the
119 previous year and that there are no bills or obligations outstanding and unpaid except as set
120 forth in that report.

121 Section 3. Section 20A-11-204 is amended to read:
122 20A-11-204. State office candidate -- Financial reporting requirements -- Interim
123 reports.
124 (1) Each state office candidate shall file an interim report at the following times in any
125 year in which the candidate has filed a declaration of candidacy for a public office:
126 (a) seven days before the candidate's political convention;
127 (b) seven days before the regular primary election date;
128 (c) August 31; and
129 (d) seven days before the regular general election date.
130 (2) Each interim report shall include the following information:
131 (a) the net balance of the last summary report, if any;
132 (b) a single figure equal to the total amount of receipts reported on all prior interim
133 reports, if any, during the calendar year in which the interim report is due;
134 (c) a single figure equal to the total amount of expenditures reported on all prior
135 interim reports, if any, filed during the calendar year in which the interim report is due;
136 (d) a detailed listing of each contribution and public service assistance received since
137 the last summary report that has not been reported in detail on a prior interim report;
138 (e) for each nonmonetary contribution:
139 (i) the fair market value of the contribution with that information provided by the
140 contributor; and
141 (ii) a specific description of the contribution;
142 (f) a detailed listing of each expenditure made since the last summary report that has
143 not been reported in detail on a prior interim report;
144 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
145 (h) a net balance for the year consisting of the net balance from the last summary
146 report, if any, plus all receipts since the last summary report minus all expenditures since the
147 last summary report; [and]
148 (i) a summary page in the form required by the lieutenant governor that identifies:
149 (i) beginning balance;
150 (ii) total contributions during the period since the last statement;
151 (iii) total contributions to date;

152 (iv) total expenditures during the period since the last statement; and
153 (v) total expenditures to date[.]; and
154 (j) the name of a political action committee for which the state office candidate is
155 designated as an officer who has primary decision-making authority under Section
156 20A-11-601 .
157 (3) (a) For all individual contributions or public service assistance of $50 or less, a
158 single aggregate figure may be reported without separate detailed listings.
159 (b) Two or more contributions from the same source that have an aggregate total of
160 more than $50 may not be reported in the aggregate, but shall be reported separately.
161 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
162 as of five days before the required filing date of the report.
163 (b) Any negotiable instrument or check received by a state office candidate more than
164 five days before the required filing date of a report required by this section shall be included in
165 the interim report.
166 Section 4. Section 20A-11-301 is amended to read:
167 20A-11-301. Legislative office candidate -- Campaign requirements.
168 (1) (a) (i) Each legislative office candidate shall deposit each contribution and public
169 service assistance received in one or more separate accounts in a financial institution that are
170 dedicated only to that purpose.
171 (ii) A legislative office candidate may:
172 (A) receive a contribution or public service assistance from a political action
173 committee registered under Section 20A-11-601 ; and
174 (B) be designated by a political action committee as an officer who has primary
175 decision-making authority as described in Section 20A-11-601 .
176 (b) A legislative office candidate or the candidate's personal campaign committee may
177 not use money deposited in an account described in Subsection (1)(a) for:
178 (i) a personal use expenditure; or
179 (ii) an expenditure prohibited by law.
180 (2) A legislative office candidate may not deposit or mingle any contributions or public
181 service assistance received into a personal or business account.
182 (3) If a person who is no longer a legislative candidate chooses not to expend the

183 money remaining in a campaign account, the person shall continue to file the year-end
184 summary report required by Section 20A-11-302 until the statement of dissolution and final
185 summary report required by Section 20A-11-304 are filed with the lieutenant governor.
186 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402 , a person who
187 is no longer a legislative office candidate may not expend or transfer the money in a campaign
188 account in a manner that would cause the former legislative office candidate to recognize the
189 money as taxable income under federal tax law.
190 (b) A person who is no longer a legislative office candidate may transfer the money in
191 a campaign account in a manner that would cause the former legislative office candidate to
192 recognize the money as taxable income under federal tax law if the transfer is made to a
193 campaign account for federal office.
194 (5) (a) As used in this Subsection (5) and Section 20A-11-303 , "received" means:
195 (i) for a cash contribution, that the cash is given to a legislative office candidate or a
196 member of the candidate's personal campaign committee;
197 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
198 instrument or check is negotiated; and
199 (iii) for any other type of contribution, that any portion of the contribution's benefit
200 inures to the legislative office candidate.
201 (b) Each legislative office candidate shall report each contribution and public service
202 assistance to the lieutenant governor within 30 days after the contribution or public service
203 assistance is received.
204 Section 5. Section 20A-11-302 is amended to read:
205 20A-11-302. Legislative office candidate -- Financial reporting requirements --
206 Year-end summary report.
207 (1) (a) Each legislative office candidate shall file a summary report by January 10 of
208 the year after the regular general election year.
209 (b) In addition to the requirements of Subsection (1)(a), a former legislative office
210 candidate that has not filed the statement of dissolution and final summary report required
211 under Section 20A-11-304 shall continue to file a summary report on January 10 of each year.
212 (2) (a) Each summary report shall include the following information as of December 31
213 of the previous year:

214 (i) the net balance of the last financial statement, if any;
215 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
216 if any, during the calendar year in which the summary report is due;
217 (iii) a single figure equal to the total amount of expenditures reported on all interim
218 reports, if any, filed during the previous year;
219 (iv) a detailed listing of each receipt, contribution, and public service assistance since
220 the last summary report that has not been reported in detail on an interim report;
221 (v) for each nonmonetary contribution:
222 (A) the fair market value of the contribution with that information provided by the
223 contributor; and
224 (B) a specific description of the contribution;
225 (vi) a detailed listing of each expenditure made since the last summary report that has
226 not been reported in detail on an interim report;
227 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; [and]
228 (viii) a net balance for the year consisting of the net balance from the last summary
229 report, if any, plus all receipts minus all expenditures[.]; and
230 (ix) the name of a political action committee for which the legislative office candidate
231 is designated as an officer who has primary decision-making authority under Section
232 20A-11-601 .
233 (b) (i) For all individual contributions or public service assistance of $50 or less, a
234 single aggregate figure may be reported without separate detailed listings.
235 (ii) Two or more contributions from the same source that have an aggregate total of
236 more than $50 may not be reported in the aggregate, but shall be reported separately.
237 (c) In preparing the report, all receipts and expenditures shall be reported as of
238 December 31 of the previous year.
239 (d) A check or negotiable instrument received by a legislative office candidate on or
240 before December 31 of the previous year shall be included in the summary report.
241 (3) The legislative office candidate shall certify in the summary report that to the best
242 of the candidate's knowledge, all receipts and all expenditures have been reported as of
243 December 31 of the previous year and that there are no bills or obligations outstanding and
244 unpaid except as set forth in that report.

245 Section 6. Section 20A-11-303 is amended to read:
246 20A-11-303. Legislative office candidate -- Financial reporting requirements --
247 Interim reports.
248 (1) Each legislative office candidate shall file an interim report at the following times
249 in any year in which the candidate has filed a declaration of candidacy for a public office:
250 (a) seven days before the candidate's political convention;
251 (b) seven days before the regular primary election date;
252 (c) August 31; and
253 (d) seven days before the regular general election date.
254 (2) Each interim report shall include the following information:
255 (a) the net balance of the last summary report, if any;
256 (b) a single figure equal to the total amount of receipts reported on all prior interim
257 reports, if any, during the calendar year in which the interim report is due;
258 (c) a single figure equal to the total amount of expenditures reported on all prior
259 interim reports, if any, filed during the calendar year in which the interim report is due;
260 (d) a detailed listing of each contribution and public service assistance received since
261 the last summary report that has not been reported in detail on a prior interim report;
262 (e) for each nonmonetary contribution:
263 (i) the fair market value of the contribution with that information provided by the
264 contributor; and
265 (ii) a specific description of the contribution;
266 (f) a detailed listing of each expenditure made since the last summary report that has
267 not been reported in detail on a prior interim report;
268 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
269 (h) a net balance for the year consisting of the net balance from the last summary
270 report, if any, plus all receipts since the last summary report minus all expenditures since the
271 last summary report; [and]
272 (i) a summary page in the form required by the lieutenant governor that identifies:
273 (i) beginning balance;
274 (ii) total contributions during the period since the last statement;
275 (iii) total contributions to date;

276 (iv) total expenditures during the period since the last statement; and
277 (v) total expenditures to date[.]; and
278 (j) the name of a political action committee for which the legislative office candidate is
279 designated as an officer who has primary decision-making authority under Section
280 20A-11-601 .
281 (3) (a) For all individual contributions or public service assistance of $50 or less, a
282 single aggregate figure may be reported without separate detailed listings.
283 (b) Two or more contributions from the same source that have an aggregate total of
284 more than $50 may not be reported in the aggregate, but shall be reported separately.
285 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
286 as of five days before the required filing date of the report.
287 (b) Any negotiable instrument or check received by a legislative office candidate more
288 than five days before the required filing date of a report required by this section shall be
289 included in the interim report.
290 Section 7. Section 20A-11-401 is amended to read:
291 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
292 report -- Officeholder as a political action committee officer.
293 (1) (a) Each officeholder shall file a summary report by January 10 of each year.
294 (b) An officeholder that is required to file a summary report both as an officeholder and
295 as a candidate for office under the requirements of this chapter may file a single summary
296 report as a candidate and an officeholder, provided that the combined report meets the
297 requirements of:
298 (i) this section; and
299 (ii) the section that provides the requirements for the summary report that must be filed
300 by the officeholder in the officeholder's capacity of a candidate for office.
301 (2) (a) Each summary report shall include the following information as of December 31
302 of the previous year:
303 (i) the net balance of the last summary report, if any;
304 (ii) a single figure equal to the total amount of receipts received since the last summary
305 report, if any;
306 (iii) a single figure equal to the total amount of expenditures made since the last

307 summary report, if any;
308 (iv) a detailed listing of each contribution and public service assistance received since
309 the last summary report;
310 (v) for each nonmonetary contribution:
311 (A) the fair market value of the contribution with that information provided by the
312 contributor; and
313 (B) a specific description of the contribution;
314 (vi) a detailed listing of each expenditure made since the last summary report;
315 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; [and]
316 (viii) a net balance for the year consisting of the net balance from the last summary
317 report plus all receipts minus all expenditures[.]; and
318 (ix) the name of a political action committee for which the officeholder is designated
319 as an officer who has primary decision-making authority under Section 20A-11-601 .
320 (b) (i) For all individual contributions or public service assistance of $50 or less, a
321 single aggregate figure may be reported without separate detailed listings.
322 (ii) Two or more contributions from the same source that have an aggregate total of
323 more than $50 may not be reported in the aggregate, but shall be reported separately.
324 (c) In preparing the report, all receipts and expenditures shall be reported as of
325 December 31 of the previous year.
326 (3) The summary report shall contain a paragraph signed by the officeholder certifying
327 that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
328 reported as of December 31 of the last calendar year and that there are no bills or obligations
329 outstanding and unpaid except as set forth in that report.
330 (4) An officeholder may:
331 (a) receive public service assistance from a political action committee registered under
332 Section 20A-11-601 ; and
333 (b) be designated by a political action committee as an officer who has primary
334 decision-making authority as described in Section 20A-11-601 .
335 Section 8. Section 20A-11-601 is amended to read:
336 20A-11-601. Political action committees -- Registration -- Criminal penalty for
337 providing false information or accepting unlawful contribution.

338 (1) (a) Each political action committee shall file a statement of organization with the
339 lieutenant governor's office by January 10 of each year, unless the political action committee
340 has filed a notice of dissolution under Subsection (4).
341 (b) If a political action committee is organized after the January 10 filing date, the
342 political action committee shall file an initial statement of organization no later than seven days
343 after:
344 (i) receiving contributions totaling at least $750; or
345 (ii) distributing expenditures for political purposes totaling at least $50.
346 (2) (a) Each political action committee shall designate two officers [that] who have
347 primary decision-making authority for the political action committee.
348 (b) A person may not exercise primary decision-making authority for a political action
349 committee who is not designated under Subsection (2)(a).
350 (3) The statement of organization shall include:
351 (a) the name and address of the political action committee;
352 (b) the name, street address, phone number, occupation, and title of the two primary
353 officers designated under Subsection (2);
354 (c) the name, street address, occupation, and title of all other officers of the political
355 action committee;
356 (d) the name and street address of the organization, individual corporation, association,
357 unit of government, or union that the political action committee represents, if any;
358 (e) the name and street address of all affiliated or connected organizations and their
359 relationships to the political action committee;
360 (f) the name, street address, business address, occupation, and phone number of the
361 committee's treasurer or chief financial officer; and
362 (g) the name, street address, and occupation of each member of the governing and
363 advisory boards, if any.
364 (4) (a) Any registered political action committee that intends to permanently cease
365 operations shall file a notice of dissolution with the lieutenant governor's office.
366 (b) Any notice of dissolution filed by a political action committee does not exempt that
367 political action committee from complying with the financial reporting requirements of this
368 chapter.

369 (5) (a) Unless the political action committee has filed a notice of dissolution under
370 Subsection (4), a political action committee shall file, with the lieutenant governor's office,
371 notice of any change of an officer described in Subsection (2).
372 (b) Notice of a change of a primary officer described in Subsection (2) shall:
373 (i) be filed within 10 days of the date of the change; and
374 (ii) contain the name and title of the officer being replaced, and the name, street
375 address, occupation, and title of the new officer.
376 (6) (a) A person is guilty of providing false information in relation to a political action
377 committee if the person intentionally or knowingly gives false or misleading material
378 information in the statement of organization or the notice of change of primary officer.
379 (b) Each primary officer designated in Subsection (2) is guilty of accepting an unlawful
380 contribution if the political action committee knowingly or recklessly accepts a contribution
381 from a corporation that:
382 (i) was organized less than 90 days before the date of the general election; and
383 (ii) at the time the political action committee accepts the contribution, has failed to file
384 a statement of organization with the lieutenant governor's office as required by Section
385 20A-11-704 .
386 (c) A violation of this Subsection (6) is a third degree felony.
387 Section 9. Section 20A-11-1301 is amended to read:
388 20A-11-1301. School board office candidate -- Campaign requirements.
389 (1) (a) (i) Each school board office candidate shall deposit each contribution and public
390 service assistance received in one or more separate accounts in a financial institution that are
391 dedicated only to that purpose.
392 (ii) A school board office candidate may:
393 (A) receive a contribution or public service assistance from a political action
394 committee registered under Section 20A-11-601 ; and
395 (B) be designated by a political action committee as an officer who has primary
396 decision-making authority as described in Section 20A-11-601 .
397 (b) A school board office candidate may not use money deposited in an account
398 described in Subsection (1)(a) for:
399 (i) a personal use expenditure; or

400 (ii) an expenditure prohibited by law.
401 (2) A school board office candidate may not deposit or mingle any contributions or
402 public service assistance received into a personal or business account.
403 (3) A school board office candidate may not make any political expenditures prohibited
404 by law.
405 (4) If a person who is no longer a school board candidate chooses not to expend the
406 money remaining in a campaign account, the person shall continue to file the year-end
407 summary report required by Section 20A-11-1302 until the statement of dissolution and final
408 summary report required by Section 20A-11-1304 are filed with:
409 (a) the lieutenant governor in the case of a state school board candidate; and
410 (b) the county clerk, in the case of a local school board candidate.
411 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402 , a person who
412 is no longer a school board candidate may not expend or transfer the money in a campaign
413 account in a manner that would cause the former school board candidate to recognize the
414 money as taxable income under federal tax law.
415 (b) A person who is no longer a school board candidate may transfer the money in a
416 campaign account in a manner that would cause the former school board candidate to recognize
417 the money as taxable income under federal tax law if the transfer is made to a campaign
418 account for federal office.
419 (6) (a) As used in this Subsection (6) and Section 20A-11-1303 , "received" means:
420 (i) for a cash contribution, that the cash is given to a school board office candidate or a
421 member of the candidate's personal campaign committee;
422 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
423 instrument or check is negotiated; and
424 (iii) for any other type of contribution, that any portion of the contribution's benefit
425 inures to the school board office candidate.
426 (b) Each school board office candidate shall report to the chief election officer each
427 contribution and public service assistance within 30 days after the contribution or public
428 service assistance is received.
429 Section 10. Section 20A-11-1302 is amended to read:
430 20A-11-1302. School board office candidate -- Financial reporting requirements

431 -- Year-end summary report.
432 (1) (a) Each school board office candidate shall file a summary report by January 10 of
433 the year after the regular general election year.
434 (b) In addition to the requirements of Subsection (1)(a), a former school board office
435 candidate that has not filed the statement of dissolution and final summary report required
436 under Section 20A-11-1304 shall continue to file a summary report on January 10 of each year.
437 (2) (a) Each summary report shall include the following information as of December 31
438 of the previous year:
439 (i) the net balance of the last financial statement, if any;
440 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
441 if any, during the previous year;
442 (iii) a single figure equal to the total amount of expenditures reported on all interim
443 reports, if any, filed during the previous year;
444 (iv) a detailed listing of each receipt, contribution, and public service assistance since
445 the last summary report that has not been reported in detail on an interim report;
446 (v) for each nonmonetary contribution:
447 (A) the fair market value of the contribution with that information provided by the
448 contributor; and
449 (B) a specific description of the contribution;
450 (vi) a detailed listing of each expenditure made since the last summary report that has
451 not been reported in detail on an interim report;
452 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; [and]
453 (viii) a net balance for the year consisting of the net balance from the last summary
454 report, if any, plus all receipts minus all expenditures[.]; and
455 (ix) the name of a political action committee for which the school board office
456 candidate is designated as an officer who has primary decision-making authority under Section
457 20A-11-601 .
458 (b) (i) For all individual contributions or public service assistance of $50 or less, a
459 single aggregate figure may be reported without separate detailed listings.
460 (ii) Two or more contributions from the same source that have an aggregate total of
461 more than $50 may not be reported in the aggregate, but shall be reported separately.

462 (c) In preparing the report, all receipts and expenditures shall be reported as of
463 December 31 of the previous year.
464 (d) A check or negotiable instrument received by a school board office candidate on or
465 before December 31 of the previous year shall be included in the summary report.
466 (3) The school board office candidate shall certify in the summary report that, to the
467 best of the school board office candidate's knowledge, all receipts and all expenditures have
468 been reported as of December 31 of the previous year and that there are no bills or obligations
469 outstanding and unpaid except as set forth in that report.
470 Section 11. Section 20A-11-1303 is amended to read:
471 20A-11-1303. School board office candidate -- Financial reporting requirements
472 -- Interim reports.
473 (1) Each school board office candidate shall file an interim report at the following
474 times in any year in which the candidate has filed a declaration of candidacy for a public office:
475 (a) May 15, for state school board office candidates;
476 (b) seven days before the regular primary election date;
477 (c) August 31; and
478 (d) seven days before the regular general election date.
479 (2) Each interim report shall include the following information:
480 (a) the net balance of the last summary report, if any;
481 (b) a single figure equal to the total amount of receipts reported on all prior interim
482 reports, if any, during the calendar year in which the interim report is due;
483 (c) a single figure equal to the total amount of expenditures reported on all prior
484 interim reports, if any, filed during the calendar year in which the interim report is due;
485 (d) a detailed listing of each contribution and public service assistance received since
486 the last summary report that has not been reported in detail on a prior interim report;
487 (e) for each nonmonetary contribution:
488 (i) the fair market value of the contribution with that information provided by the
489 contributor; and
490 (ii) a specific description of the contribution;
491 (f) a detailed listing of each expenditure made since the last summary report that has
492 not been reported in detail on a prior interim report;

493 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
494 (h) a net balance for the year consisting of the net balance from the last summary
495 report, if any, plus all receipts since the last summary report minus all expenditures since the
496 last summary report; [and]
497 (i) a summary page in the form required by the lieutenant governor that identifies:
498 (i) beginning balance;
499 (ii) total contributions during the period since the last statement;
500 (iii) total contributions to date;
501 (iv) total expenditures during the period since the last statement; and
502 (v) total expenditures to date[.]; and
503 (j) the name of a political action committee for which the school board office candidate
504 is designated as an officer who has primary decision-making authority under Section
505 20A-11-601 .
506 (3) (a) For all individual contributions or public service assistance of $50 or less, a
507 single aggregate figure may be reported without separate detailed listings.
508 (b) Two or more contributions from the same source that have an aggregate total of
509 more than $50 may not be reported in the aggregate, but shall be reported separately.
510 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
511 as of five days before the required filing date of the report.
512 (b) Any negotiable instrument or check received by a school board office candidate
513 more than five days before the required filing date of a report required by this section shall be
514 included in the interim report.
515 Section 12. Section 20A-12-302 is amended to read:
516 20A-12-302. Campaign committee required.
517 (1) (a) When permitted to do so by the Code of Judicial Conduct promulgated by the
518 Utah Supreme Court, and if the judge chooses to solicit contributions or make expenditures to
519 promote his retention, the judge may:
520 (i) establish no more than one retention election personal campaign committee,
521 consisting of one or more persons, to receive contributions, make expenditures, and shall file
522 reports connected with the judge's retention election campaign[.]; and
523 (ii) be designated by a political action committee as an officer who has primary

524 decision-making authority as described in Section 20A-11-601 .
525 (b) A judge or person acting in concert with or with the knowledge of the judge may
526 not receive any contributions or make any expenditures other than through:
527 (i) the personal campaign committee established under this section[.]; and
528 (ii) a political action committee established under Title 20A, Chapter 11, Part 6,
529 Political Action Committee Registration and Financial Reporting Requirements.
530 (2) (a) The judge shall file with the lieutenant governor a signed written statement
531 containing the name and address of each member and the secretary of the judge's personal
532 campaign committee.
533 (b) The judge may change the membership of the personal campaign committee at any
534 time by filing with the lieutenant governor a signed statement containing the name and address
535 of any additional members and identifying any members that have been removed from the
536 committee.
537 (c) The judge or the judge's personal campaign committee may not make any
538 expenditures on behalf of the judge until the statement has been filed.
539 (3) (a) The judge's personal campaign committee may not make an expenditure of more
540 than $1,000 unless the judge or the secretary of the personal campaign committee authorizes
541 the expenditure in writing.
542 (b) A judge or the judge's personal campaign committee may not make any
543 expenditures prohibited by law.
544 (4) A judge's personal campaign committee is dissolved on the date that the summary
545 report required by Section 20A-12-304 is filed.
546 Section 13. Section 20A-12-304 is amended to read:
547 20A-12-304. Judicial retention election candidates -- Financial reporting
548 requirements -- Year-end summary report.
549 (1) The judge's personal campaign committee shall file a summary report with the
550 lieutenant governor by January 10 of the year after the regular general election year.
551 (2) (a) Each summary report shall include the following information as of December 31
552 of the last regular general election year:
553 (i) a single figure equal to the total amount of contributions reported on the interim
554 report;

555 (ii) a single figure equal to the total amount of expenditures reported on the interim
556 report;
557 (iii) a detailed listing of each contribution received since the last summary report that
558 has not been reported in detail on the interim report;
559 (iv) for each nonmonetary contribution, the fair market value of the contribution;
560 (v) a detailed listing of each expenditure made since the last summary report that has
561 not been reported in detail on the interim report;
562 (vi) for each nonmonetary expenditure, the fair market value of the expenditure; [and]
563 (vii) the net balance for the year, consisting of all contributions minus all
564 expenditures H. [ [ ] . [ ] ] [ ; and
565 (viii) the name of a political action committee for which the judge is designated as an
566 officer who has primary decision-making authority under Section 20A-11-601 . ] .H
567 (b) (i) For all single contributions of $50 or less, an aggregate figure may be reported
568 without a separate detailed listing.
569 (ii) Two or more contributions from the same source for a total of more than $50 may
570 not be reported in the aggregate, but shall be reported in the detailed listing.
571 (c) A check or negotiable instrument received by a judge or the judge's personal
572 campaign committee on or before December 31 of the previous year shall be reported in the
573 summary report.
574 (3) The judge shall certify in the summary report that, to the best of the judge's
575 knowledge, all contributions and all expenditures have been reported as of December 31 of the
576 last regular general election year and that there are no financial obligations outstanding except
577 as set forth in the report.
578 Section 14. Section 20A-12-305 is amended to read:
579 20A-12-305. Judicial retention election candidates -- Financial reporting
580 requirements -- Interim report.
581 (1) The judge's personal campaign committee shall file an interim report with the
582 lieutenant governor before the close of normal office hours on the date seven days before the
583 regular general election date.
584 (2) Each interim report shall include the following information:
585 (a) a detailed listing of each contribution received since the last financial statement;

586 (b) for each nonmonetary contribution, the fair market value of the contribution;
587 (c) a detailed listing of each expenditure made since the last summary report;
588 (d) for each nonmonetary expenditure, the fair market value of the expenditure; [and]
589 (e) a net balance for the year consisting of all contributions since the last summary
590 report minus all expenditures since the last summary report H. [ [ ] . [ ] ] [ ; and
591 (f) the name of a political action committee for which the judge is designated as an
592 officer who has primary decision-making authority under Section 20A-11-601 . ] .H
593 (3) (a) For all individual contributions of $50 or less, a single aggregate figure may be
594 reported without separate detailed listings.
595 (b) Two or more contributions from the same source that have an aggregate total of
596 more than $50 may not be reported in the aggregate, but shall be reported separately.
597 (4) In preparing each interim report, all contributions and expenditures shall be
598 reported as of five days before the required filing date of the report.
599 (5) A negotiable instrument or check received by a judge or the judge's personal
600 campaign committee more than five days before the required filing date of a report required by
601 this section shall be included in the interim report.




Legislative Review Note
as of 2-25-11 3:33 PM

Office of Legislative Research and General Counsel