Fifth Substitute H.B. 493

Senator Curtis S. Bramble proposes the following substitute bill:

1 CAMPAIGN FINANCE DISCLOSURE AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: Peter C. Knudson
6
7 LONG TITLE
8 General Description:
9 This bill amends campaign finance provisions related to contributions and expenditures.
10 Highlighted Provisions:
11 This bill:
12 . requires a candidate to report on the reports that are required for a candidate for that
13 office the contributions and expenditures from all campaign or officeholder
14 accounts the person has;
15 . requires a candidate in a municipal election or a county election to have a separate
16 campaign account;
17 . requires a political action committee and a political issues committee to report a
18 contribution within 30 days of receipt; and
19 . amends the scope of an electioneering communication reporting requirement.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides an immediate effective date.
24 Utah Code Sections Affected:
25 AMENDS:

26 10-3-208, as last amended by Laws of Utah 2008, Chapters 49 and 382
27 17-16-6.5, as last amended by Laws of Utah 2008, Chapter 49
28 20A-11-101, as last amended by Laws of Utah 2011, Chapter 396
29 20A-11-201, as last amended by Laws of Utah 2010, Chapter 246
30 20A-11-301, as last amended by Laws of Utah 2011, Chapter 347
31 20A-11-602, as last amended by Laws of Utah 2010, Chapter 389
32 20A-11-802, as last amended by Laws of Utah 2011, Chapter 396
33 20A-11-901, as last amended by Laws of Utah 2011, Chapter 396
34 20A-11-1301, as last amended by Laws of Utah 2011, Chapter 347
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 10-3-208 is amended to read:
38 10-3-208. Campaign finance statement in municipal election.
39 (1) As used in this section:
40 (a) "Reporting date" means:
41 (i) 10 days before a municipal general election, for a campaign finance statement
42 required to be filed no later than seven days before a municipal general election; and
43 (ii) the day of filing, for a campaign finance statement required to be filed no later than
44 30 days after a municipal primary or general election.
45 (b) "Reporting limit" means:
46 (i) $50; or
47 (ii) an amount lower than $50 that is specified in an ordinance of the municipality.
48 (2) (a) (i) Each candidate for municipal office:
49 (A) shall deposit a campaign contribution in a separate campaign account in a financial
50 institution; and
51 (B) may not deposit or mingle any campaign contributions received into a personal or
52 business account.
53 [(2) (a) (i)] (ii) Each candidate for municipal office who is not eliminated at a
54 municipal primary election shall file with the municipal clerk or recorder a campaign finance
55 statement:
56 (A) no later than seven days before the date of the municipal general election; and

57 (B) no later than 30 days after the date of the municipal general election.
58 [(ii)] (iii) Each candidate for municipal office who is eliminated at a municipal primary
59 election shall file with the municipal clerk or recorder a campaign finance statement no later
60 than 30 days after the date of the municipal primary election.
61 (b) Each campaign finance statement under Subsection (2)(a) shall:
62 (i) except as provided in Subsection (2)(b)(ii):
63 (A) report all of the candidate's itemized and total:
64 (I) campaign contributions, including in-kind and other nonmonetary contributions,
65 received before the close of the reporting date; and
66 (II) campaign expenditures made through the close of the reporting date; and
67 (B) identify:
68 (I) for each contribution that exceeds the reporting limit, the amount of the contribution
69 and the name of the donor;
70 (II) the aggregate total of all contributions that individually do not exceed the reporting
71 limit; and
72 (III) for each campaign expenditure, the amount of the expenditure and the name of the
73 recipient of the expenditure; or
74 (ii) report the total amount of all campaign contributions and expenditures if the
75 candidate receives $500 or less in campaign contributions and spends $500 or less on the
76 candidate's campaign.
77 (3) (a) As used in this Subsection (3), "account" means an account in a financial
78 institution:
79 (i) that is not described in Subsection (2)(a)(i)(A); and
80 (ii) into which or from which a person who, as a candidate for an office, other than a
81 municipal office for which the person files a declaration of candidacy or federal office, or as a
82 holder of an office, other than a municipal office for which the person files a declaration of
83 candidacy or federal office, deposits a contribution or makes an expenditure.
84 (b) A municipal office candidate shall include on any campaign finance statement filed
85 in accordance with this section:
86 (i) a contribution deposited in an account:
87 (A) since the last campaign finance statement was filed; or

88 (B) that has not been reported under a statute or ordinance that governs the account; or
89 (ii) an expenditure made from an account:
90 (A) since the last campaign finance statement was filed; or
91 (B) that has not been reported under a statute or ordinance that governs the account.
92 [(3)] (4) (a) A municipality may, by ordinance:
93 (i) provide a reporting limit lower than $50;
94 (ii) require greater disclosure of campaign contributions and expenditures than is
95 required in this section; and
96 (iii) impose additional penalties on candidates who fail to comply with the applicable
97 requirements beyond those imposed by this section.
98 (b) A candidate for municipal office is subject to the provisions of this section and not
99 the provisions of an ordinance adopted by the municipality under Subsection [(3)] (4)(a) if:
100 (i) the municipal ordinance establishes requirements or penalties that differ from those
101 established in this section; and
102 (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
103 ordinance as required in Subsection [(4)] (5).
104 [(4)] (5) Each municipal clerk or recorder shall, at the time the candidate for municipal
105 office files a declaration of candidacy, and again 14 days before each municipal general
106 election, notify the candidate in writing of:
107 (a) the provisions of statute or municipal ordinance governing the disclosure of
108 campaign contributions and expenditures;
109 (b) the dates when the candidate's campaign finance statement is required to be filed;
110 and
111 (c) the penalties that apply for failure to file a timely campaign finance statement,
112 including the statutory provision that requires removal of the candidate's name from the ballot
113 for failure to file the required campaign finance statement when required.
114 [(5)] (6) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
115 Access and Management Act, the municipal clerk or recorder shall:
116 (a) make each campaign finance statement filed by a candidate available for public
117 inspection and copying no later than one business day after the statement is filed; and
118 (b) make the campaign finance statement filed by a candidate available for public

119 inspection by:
120 (i) (A) posting an electronic copy or the contents of the statement on the municipality's
121 website no later than seven business days after the statement is filed; and
122 (B) verifying that the address of the municipality's website has been provided to the
123 lieutenant governor in order to meet the requirements of Subsection 20A-11-103 (5); or
124 (ii) submitting a copy of the statement to the lieutenant governor for posting on the
125 website established by the lieutenant governor under Section 20A-11-103 no later than two
126 business days after the statement is filed.
127 [(6)] (7) (a) If a candidate fails to file a campaign finance statement before the
128 municipal general election by the deadline specified in Subsection (2)(a)[(i)](ii)(A), the
129 municipal clerk or recorder shall inform the appropriate election official who:
130 (i) shall:
131 (A) if practicable, remove the candidate's name from the ballot by blacking out the
132 candidate's name before the ballots are delivered to voters; or
133 (B) if removing the candidate's name from the ballot is not practicable, inform the
134 voters by any practicable method that the candidate has been disqualified and that votes cast for
135 the candidate will not be counted; and
136 (ii) may not count any votes for that candidate.
137 (b) Notwithstanding Subsection [(6)] (7)(a), a candidate who files a campaign finance
138 statement seven days before a municipal general election is not disqualified if:
139 (i) the statement details accurately and completely the information required under
140 Subsection (2)(b), except for inadvertent omissions or insignificant errors or inaccuracies; and
141 (ii) the omissions, errors, or inaccuracies are corrected in an amended report or in the
142 next scheduled report.
143 [(7)] (8) A campaign finance statement required under this section is considered filed if
144 it is received in the municipal clerk or recorder's office by 5 p.m. on the date that is it due.
145 [(8)] (9) (a) A private party in interest may bring a civil action in district court to
146 enforce the provisions of this section or an ordinance adopted under this section.
147 (b) In a civil action under Subsection [(8)] (9)(a), the court may award costs and
148 attorney's fees to the prevailing party.
149 Section 2. Section 17-16-6.5 is amended to read:

150 17-16-6.5. Campaign financial disclosure in county elections.
151 (1) (a) [By January 1, 1996, each] A county shall adopt an ordinance establishing
152 campaign finance disclosure requirements for candidates for county office.
153 (b) The ordinance required by Subsection (1)(a) shall include:
154 (i) a requirement that each candidate for county office report [his] the candidate's
155 itemized and total campaign contributions and expenditures at least once within the two weeks
156 before the election and at least once within two months after the election;
157 (ii) a definition of "contribution" and "expenditure" that requires reporting of
158 nonmonetary contributions such as in-kind contributions and contributions of tangible things;
159 [and]
160 (iii) a requirement that the financial reports identify:
161 (A) for each contribution of more than $50, the name of the donor of the contribution
162 and the amount of the contribution; and
163 (B) for each expenditure, the name of the recipient and the amount of the
164 expenditure[.];
165 (iv) a requirement that a candidate for county office deposit a contribution in a separate
166 campaign account in a financial institution; and
167 (v) a prohibition against a candidate for county office depositing or mingling any
168 contributions received into a personal or business account.
169 (c) (i) As used in this Subsection (1)(c), "account" means an account in a financial
170 institution:
171 (A) that is not described in Subsection (1)(b)(iv); and
172 (B) into which or from which a person who, as a candidate for an office, other than a
173 county office for which the person files a declaration of candidacy or federal office, or as a
174 holder of an office, other than a county office for which the person files a declaration of
175 candidacy or federal office, deposits a contribution or makes an expenditure.
176 (ii) The ordinance required by Subsection (1)(a) shall include a requirement that a
177 candidate for county office include on a financial report filed in accordance with the ordinance
178 a contribution deposited in or an expenditure made from an account:
179 (A) since the last financial report was filed; or
180 (B) that has not been reported under a statute or ordinance that governs the account.

181 (2) [(a) Except as provided in Subsection (2)(b), if] If any county fails to adopt a
182 campaign finance disclosure ordinance [by January 1, 1996] described in Subsection (1),
183 candidates for county office, other than community council office, shall comply with the
184 financial reporting requirements contained in Subsections (3) through [(6)] (7).
185 [(b) If, after August 1, 1995, any county adopts a campaign finance ordinance meeting
186 the requirements of Subsection (1), that county need not comply with the requirements of
187 Subsections (3) through (6).]
188 [(3) (a) Except as provided in Subsection (3)(b), and if there is no county ordinance
189 meeting the requirements of this section, each]
190 (3) A candidate for elective office in a county:
191 (a) shall deposit a contribution in a separate campaign account in a financial institution;
192 and
193 (b) may not deposit or mingle any contributions received into a personal or business
194 account.
195 (4) Each candidate for elective office in any county who is not required to submit a
196 campaign financial statement to the lieutenant governor shall file a signed campaign financial
197 statement with the county clerk:
198 [(i)] (a) seven days before the date of the regular general election, reporting each
199 contribution of more than $50 and each expenditure as of 10 days before the date of the regular
200 general election; and
201 [(ii)] (b) no later than 30 days after the date of the regular general election.
202 [(b) Candidates for community council offices are exempt from the requirements of
203 this section.]
204 [(4)] (5) (a) The statement filed seven days before the regular general election shall
205 include:
206 (i) a list of each contribution of more than $50 received by the candidate, and the name
207 of the donor;
208 (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
209 (iii) a list of each expenditure for political purposes made during the campaign period,
210 and the recipient of each expenditure.
211 (b) The statement filed 30 days after the regular general election shall include:

212 (i) a list of each contribution of more than $50 received after the cutoff date for the
213 statement filed seven days before the election, and the name of the donor;
214 (ii) an aggregate total of all contributions of $50 or less received by the candidate after
215 the cutoff date for the statement filed seven days before the election; and
216 (iii) a list of all expenditures for political purposes made by the candidate after the
217 cutoff date for the statement filed seven days before the election, and the recipient of each
218 expenditure.
219 (6) (a) As used in this Subsection (6), "account" means an account in a financial
220 institution:
221 (i) that is not described in Subsection (3)(a); and
222 (ii) into which or from which a person who, as a candidate for an office, other than a
223 county office for which the person filed a declaration of candidacy or federal office, or as a
224 holder of an office, other than a county office for which the person filed a declaration of
225 candidacy or federal office, deposits a contribution or makes an expenditure.
226 (b) A county office candidate shall include on any campaign financial statement filed
227 in accordance with Subsection (4) or (5):
228 (i) a contribution deposited in an account:
229 (A) since the last campaign finance statement was filed; or
230 (B) that has not been reported under a statute or ordinance that governs the account; or
231 (ii) an expenditure made from an account:
232 (A) since the last campaign finance statement was filed; or
233 (B) that has not been reported under a statute or ordinance that governs the account.
234 [(5)] (7) Candidates for elective office in any county who are eliminated at a primary
235 election shall file a signed campaign financial statement containing the information required by
236 this section not later than 30 days after the primary election.
237 [(6)] (8) Any person who fails to comply with this section is guilty of an infraction.
238 [(7)] (9) Counties may, by ordinance, enact requirements that:
239 (a) require greater disclosure of campaign contributions and expenditures; and
240 (b) impose additional penalties.
241 [(8)] (10) (a) If a candidate fails to file an interim report due before the election, the
242 county clerk shall, after making a reasonable attempt to discover if the report was timely

243 mailed, inform the appropriate election officials who:
244 (i) (A) shall, if practicable, remove the name of the candidate by blacking out the
245 candidate's name before the ballots are delivered to voters; or
246 [(ii)] (B) shall, if removing the candidate's name from the ballot is not practicable,
247 inform the voters by any practicable method that the candidate has been disqualified and that
248 votes cast for the candidate will not be counted; and
249 [(iii)] (ii) may not count any votes for that candidate.
250 (b) Notwithstanding Subsection [(8)] (10)(a), a candidate is not disqualified if:
251 (i) the candidate files the reports required by this section;
252 (ii) those reports are completed, detailing accurately and completely the information
253 required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
254 and
255 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
256 the next scheduled report.
257 (c) A report is considered filed if:
258 (i) it is received in the county clerk's office no later than 5 p.m. on the date that it is
259 due;
260 (ii) it is received in the county clerk's office with a [U.S.] United States Postal Service
261 postmark three days or more before the date that the report was due; or
262 (iii) the candidate has proof that the report was mailed, with appropriate postage and
263 addressing, three days before the report was due.
264 [(9)] (11) (a) Any private party in interest may bring a civil action in district court to
265 enforce the provisions of this section or any ordinance adopted under this section.
266 (b) In a civil action filed under Subsection [(9)] (11)(a), the court shall award costs and
267 attorney's fees to the prevailing party.
268 [(10)] (12) Notwithstanding any provision of Title 63G, Chapter 2, Government
269 Records Access and Management Act, the county clerk shall:
270 (a) make each campaign finance statement filed by a candidate available for public
271 inspection and copying no later than one business day after the statement is filed; and
272 (b) make the campaign finance statement filed by a candidate available for public
273 inspection by:

274 (i) (A) posting an electronic copy or the contents of the statement on the county's
275 website no later than seven business days after the statement is filed; and
276 (B) verifying that the address of the county's website has been provided to the
277 lieutenant governor in order to meet the requirements of Subsection 20A-11-103 (5); or
278 (ii) submitting a copy of the statement to the lieutenant governor for posting on the
279 website established by the lieutenant governor under Section 20A-11-103 no later than two
280 business days after the statement is filed.
281 Section 3. Section 20A-11-101 is amended to read:
282 20A-11-101. Definitions.
283 As used in this chapter:
284 (1) "Address" means the number and street where an individual resides or where a
285 reporting entity has its principal office.
286 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
287 amendments, and any other ballot propositions submitted to the voters that are authorized by
288 the Utah Code Annotated 1953.
289 (3) "Candidate" means any person who:
290 (a) files a declaration of candidacy for a public office; or
291 (b) receives contributions, makes expenditures, or gives consent for any other person to
292 receive contributions or make expenditures to bring about the person's nomination or election
293 to a public office.
294 (4) "Chief election officer" means:
295 (a) the lieutenant governor for state office candidates, legislative office candidates,
296 officeholders, political parties, political action committees, corporations, political issues
297 committees, state school board candidates, judges, and labor organizations, as defined in
298 Section 20A-11-1501 ; and
299 (b) the county clerk for local school board candidates.
300 (5) (a) "Contribution" means any of the following when done for political purposes:
301 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
302 value given to the filing entity;
303 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
304 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or

305 anything of value to the filing entity;
306 (iii) any transfer of funds from another reporting entity to the filing entity;
307 (iv) compensation paid by any person or reporting entity other than the filing entity for
308 personal services provided without charge to the filing entity;
309 (v) remuneration from:
310 (A) any organization or its directly affiliated organization that has a registered lobbyist;
311 or
312 (B) any agency or subdivision of the state, including school districts; and
313 (vi) goods or services provided to or for the benefit of the filing entity at less than fair
314 market value.
315 (b) "Contribution" does not include:
316 (i) services provided without compensation by individuals volunteering a portion or all
317 of their time on behalf of the filing entity;
318 (ii) money lent to the filing entity by a financial institution in the ordinary course of
319 business; or
320 (iii) goods or services provided for the benefit of a candidate or political party at less
321 than fair market value that are not authorized by or coordinated with the candidate or political
322 party.
323 (6) "Coordinated with" means that goods or services provided for the benefit of a
324 candidate or political party are provided:
325 (a) with the candidate's or political party's prior knowledge, if the candidate or political
326 party does not object;
327 (b) by agreement with the candidate or political party;
328 (c) in coordination with the candidate or political party; or
329 (d) using official logos, slogans, and similar elements belonging to a candidate or
330 political party.
331 (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
332 organization that is registered as a corporation or is authorized to do business in a state and
333 makes any expenditure from corporate funds for:
334 (i) the purpose of expressly advocating for political purposes; or
335 (ii) the purpose of expressly advocating the approval or the defeat of any ballot

336 proposition.
337 (b) "Corporation" does not mean:
338 (i) a business organization's political action committee or political issues committee; or
339 (ii) a business entity organized as a partnership or a sole proprietorship.
340 (8) "County political party" means, for each registered political party, all of the persons
341 within a single county who, under definitions established by the political party, are members of
342 the registered political party.
343 (9) "County political party officer" means a person whose name is required to be
344 submitted by a county political party to the lieutenant governor in accordance with Section
345 20A-8-402 .
346 (10) "Detailed listing" means:
347 (a) for each contribution or public service assistance:
348 (i) the name and address of the individual or source making the contribution or public
349 service assistance;
350 (ii) the amount or value of the contribution or public service assistance; and
351 (iii) the date the contribution or public service assistance was made; and
352 (b) for each expenditure:
353 (i) the amount of the expenditure;
354 (ii) the person or entity to whom it was disbursed;
355 (iii) the specific purpose, item, or service acquired by the expenditure; and
356 (iv) the date the expenditure was made.
357 (11) "Election" means each:
358 (a) regular general election;
359 (b) regular primary election; and
360 (c) special election at which candidates are eliminated and selected.
361 (12) "Electioneering communication" means a communication that:
362 (a) has at least a value of $10,000;
363 (b) clearly identifies a candidate or judge; and
364 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
365 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
366 identified candidate's or judge's election date.

367 (13) (a) "Expenditure" means:
368 (i) any disbursement from contributions, receipts, or from the separate bank account
369 required by this chapter;
370 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
371 or anything of value made for political purposes;
372 (iii) an express, legally enforceable contract, promise, or agreement to make any
373 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
374 value for political purposes;
375 (iv) compensation paid by a filing entity for personal services rendered by a person
376 without charge to a reporting entity;
377 (v) a transfer of funds between the filing entity and a candidate's personal campaign
378 committee; or
379 (vi) goods or services provided by the filing entity to or for the benefit of another
380 reporting entity for political purposes at less than fair market value.
381 (b) "Expenditure" does not include:
382 (i) services provided without compensation by individuals volunteering a portion or all
383 of their time on behalf of a reporting entity;
384 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
385 business; or
386 (iii) anything listed in Subsection (13)(a) that is given by a reporting entity to
387 candidates for office or officeholders in states other than Utah.
388 (14) "Federal office" means the office of President of the United States, United States
389 Senator, or United States Representative.
390 [(14)] (15) "Filing entity" means the reporting entity that is required to file a financial
391 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
392 [(15)] (16) "Financial statement" includes any summary report, interim report, verified
393 financial statement, or other statement disclosing contributions, expenditures, receipts,
394 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
395 Retention Elections.
396 [(16)] (17) "Governing board" means the individual or group of individuals that
397 determine the candidates and committees that will receive expenditures from a political action

398 committee, political party, or corporation.
399 [(17)] (18) "Incorporation" means the process established by Title 10, Chapter 2, Part
400 1, Incorporation, by which a geographical area becomes legally recognized as a city or town.
401 [(18)] (19) "Incorporation election" means the election authorized by Section 10-2-111 .
402 [(19)] (20) "Incorporation petition" means a petition authorized by Section 10-2-109 .
403 [(20)] (21) "Individual" means a natural person.
404 [(21)] (22) "Interim report" means a report identifying the contributions received and
405 expenditures made since the last report.
406 [(22)] (23) "Legislative office" means the office of state senator, state representative,
407 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
408 assistant whip of any party caucus in either house of the Legislature.
409 [(23)] (24) "Legislative office candidate" means a person who:
410 (a) files a declaration of candidacy for the office of state senator or state representative;
411 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
412 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
413 assistant whip of any party caucus in either house of the Legislature; or
414 (c) receives contributions, makes expenditures, or gives consent for any other person to
415 receive contributions or make expenditures to bring about the person's nomination or election
416 to a legislative office.
417 [(24)] (25) "Officeholder" means a person who holds a public office.
418 [(25)] (26) "Party committee" means any committee organized by or authorized by the
419 governing board of a registered political party.
420 [(26)] (27) "Person" means both natural and legal persons, including individuals,
421 business organizations, personal campaign committees, party committees, political action
422 committees, political issues committees, and labor organizations, as defined in Section
423 20A-11-1501 .
424 [(27)] (28) "Personal campaign committee" means the committee appointed by a
425 candidate to act for the candidate as provided in this chapter.
426 [(28)] (29) "Personal use expenditure" has the same meaning as provided under Section
427 20A-11-104 .
428 [(29)] (30) (a) "Political action committee" means an entity, or any group of

429 individuals or entities within or outside this state, a major purpose of which is to:
430 (i) solicit or receive contributions from any other person, group, or entity for political
431 purposes; or
432 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
433 vote for or against any candidate or person seeking election to a municipal or county office.
434 (b) "Political action committee" includes groups affiliated with a registered political
435 party but not authorized or organized by the governing board of the registered political party
436 that receive contributions or makes expenditures for political purposes.
437 (c) "Political action committee" does not mean:
438 (i) a party committee;
439 (ii) any entity that provides goods or services to a candidate or committee in the regular
440 course of its business at the same price that would be provided to the general public;
441 (iii) an individual;
442 (iv) individuals who are related and who make contributions from a joint checking
443 account;
444 (v) a corporation, except a corporation a major purpose of which is to act as a political
445 action committee; or
446 (vi) a personal campaign committee.
447 [(30)] (31) "Political convention" means a county or state political convention held by
448 a registered political party to select candidates.
449 [(31)] (32) (a) "Political issues committee" means an entity, or any group of individuals
450 or entities within or outside this state, a major purpose of which is to:
451 (i) solicit or receive donations from any other person, group, or entity to assist in
452 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
453 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
454 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
455 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
456 proposed ballot proposition or an incorporation in an incorporation election; or
457 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
458 ballot or to assist in keeping a ballot proposition off the ballot.
459 (b) "Political issues committee" does not mean:

460 (i) a registered political party or a party committee;
461 (ii) any entity that provides goods or services to an individual or committee in the
462 regular course of its business at the same price that would be provided to the general public;
463 (iii) an individual;
464 (iv) individuals who are related and who make contributions from a joint checking
465 account; or
466 (v) a corporation, except a corporation a major purpose of which is to act as a political
467 issues committee.
468 [(32)] (33) (a) "Political issues contribution" means any of the following:
469 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
470 anything of value given to a political issues committee;
471 (ii) an express, legally enforceable contract, promise, or agreement to make a political
472 issues donation to influence the approval or defeat of any ballot proposition;
473 (iii) any transfer of funds received by a political issues committee from a reporting
474 entity;
475 (iv) compensation paid by another reporting entity for personal services rendered
476 without charge to a political issues committee; and
477 (v) goods or services provided to or for the benefit of a political issues committee at
478 less than fair market value.
479 (b) "Political issues contribution" does not include:
480 (i) services provided without compensation by individuals volunteering a portion or all
481 of their time on behalf of a political issues committee; or
482 (ii) money lent to a political issues committee by a financial institution in the ordinary
483 course of business.
484 [(33)] (34) (a) "Political issues expenditure" means any of the following:
485 (i) any payment from political issues contributions made for the purpose of influencing
486 the approval or the defeat of:
487 (A) a ballot proposition; or
488 (B) an incorporation petition or incorporation election;
489 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
490 the express purpose of influencing the approval or the defeat of:

491 (A) a ballot proposition; or
492 (B) an incorporation petition or incorporation election;
493 (iii) an express, legally enforceable contract, promise, or agreement to make any
494 political issues expenditure;
495 (iv) compensation paid by a reporting entity for personal services rendered by a person
496 without charge to a political issues committee; or
497 (v) goods or services provided to or for the benefit of another reporting entity at less
498 than fair market value.
499 (b) "Political issues expenditure" does not include:
500 (i) services provided without compensation by individuals volunteering a portion or all
501 of their time on behalf of a political issues committee; or
502 (ii) money lent to a political issues committee by a financial institution in the ordinary
503 course of business.
504 [(34)] (35) "Political purposes" means an act done with the intent or in a way to
505 influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
506 for or against any candidate or a person seeking a municipal or county office at any caucus,
507 political convention, or election.
508 [(35)] (36) "Primary election" means any regular primary election held under the
509 election laws.
510 [(36)] (37) "Public office" means the office of governor, lieutenant governor, state
511 auditor, state treasurer, attorney general, state or local school board member, state senator, state
512 representative, speaker of the House of Representatives, president of the Senate, and the leader,
513 whip, and assistant whip of any party caucus in either house of the Legislature.
514 [(37)] (38) (a) "Public service assistance" means the following when given or provided
515 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
516 communicate with the officeholder's constituents:
517 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
518 money or anything of value to an officeholder; or
519 (ii) goods or services provided at less than fair market value to or for the benefit of the
520 officeholder.
521 (b) "Public service assistance" does not include:

522 (i) anything provided by the state;
523 (ii) services provided without compensation by individuals volunteering a portion or all
524 of their time on behalf of an officeholder;
525 (iii) money lent to an officeholder by a financial institution in the ordinary course of
526 business;
527 (iv) news coverage or any publication by the news media; or
528 (v) any article, story, or other coverage as part of any regular publication of any
529 organization unless substantially all the publication is devoted to information about the
530 officeholder.
531 [(38)] (39) "Publicly identified class of individuals" means a group of 50 or more
532 individuals sharing a common occupation, interest, or association that contribute to a political
533 action committee or political issues committee and whose names can be obtained by contacting
534 the political action committee or political issues committee upon whose financial statement the
535 individuals are listed.
536 [(39)] (40) "Receipts" means contributions and public service assistance.
537 [(40)] (41) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
538 Lobbyist Disclosure and Regulation Act.
539 [(41)] (42) "Registered political action committee" means any political action
540 committee that is required by this chapter to file a statement of organization with the lieutenant
541 governor's office.
542 [(42)] (43) "Registered political issues committee" means any political issues
543 committee that is required by this chapter to file a statement of organization with the lieutenant
544 governor's office.
545 [(43)] (44) "Registered political party" means an organization of voters that:
546 (a) participated in the last regular general election and polled a total vote equal to 2%
547 or more of the total votes cast for all candidates for the United States House of Representatives
548 for any of its candidates for any office; or
549 (b) has complied with the petition and organizing procedures of Chapter 8, Political
550 Party Formation and Procedures.
551 [(44)] (45) (a) "Remuneration" means a payment:
552 (i) made to a legislator for the period the Legislature is in session; and

553 (ii) that is approximately equivalent to an amount a legislator would have earned
554 during the period the Legislature is in session in the legislator's ordinary course of business.
555 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
556 (i) the legislator's primary employer in the ordinary course of business; or
557 (ii) a person or entity in the ordinary course of business:
558 (A) because of the legislator's ownership interest in the entity; or
559 (B) for services rendered by the legislator on behalf of the person or entity.
560 [(45)] (46) "Reporting entity" means a candidate, a candidate's personal campaign
561 committee, a judge, a judge's personal campaign committee, an officeholder, a party
562 committee, a political action committee, a political issues committee, a corporation, or a labor
563 organization, as defined in Section 20A-11-1501 .
564 [(46)] (47) "School board office" means the office of state school board or local school
565 board.
566 [(47)] (48) (a) "Source" means the person or entity that is the legal owner of the
567 tangible or intangible asset that comprises the contribution.
568 (b) "Source" means, for political action committees and corporations, the political
569 action committee and the corporation as entities, not the contributors to the political action
570 committee or the owners or shareholders of the corporation.
571 [(48)] (49) "State office" means the offices of governor, lieutenant governor, attorney
572 general, state auditor, and state treasurer.
573 [(49)] (50) "State office candidate" means a person who:
574 (a) files a declaration of candidacy for a state office; or
575 (b) receives contributions, makes expenditures, or gives consent for any other person to
576 receive contributions or make expenditures to bring about the person's nomination or election
577 to a state office.
578 [(50)] (51) "Summary report" means the year end report containing the summary of a
579 reporting entity's contributions and expenditures.
580 [(51)] (52) "Supervisory board" means the individual or group of individuals that
581 allocate expenditures from a political issues committee.
582 Section 4. Section 20A-11-201 is amended to read:
583 20A-11-201. State office candidate -- Separate bank account for campaign funds.

584 (1) (a) Each state office candidate or the candidate's personal campaign committee
585 shall deposit each contribution and public service assistance received in one or more separate
586 campaign accounts in a financial institution.
587 (b) A state office candidate or a candidate's personal campaign committee may not use
588 money deposited in a campaign account for:
589 (i) a personal use expenditure; or
590 (ii) an expenditure prohibited by law.
591 (2) A state office candidate or the candidate's personal campaign committee may not
592 deposit or mingle any contributions received into a personal or business account.
593 (3) If a person who is no longer a state office candidate chooses not to expend the
594 money remaining in a campaign account, the person shall continue to file the year-end
595 summary report required by Section 20A-11-203 until the statement of dissolution and final
596 summary report required by Section 20A-11-205 are filed with the lieutenant governor.
597 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402 , a person who
598 is no longer a state office candidate may not expend or transfer the money in a campaign
599 account in a manner that would cause the former state office candidate to recognize the money
600 as taxable income under federal tax law.
601 (b) A person who is no longer a state office candidate may transfer the money in a
602 campaign account in a manner that would cause the former state office candidate to recognize
603 the money as taxable income under federal tax law if the transfer is made to a campaign
604 account for federal office.
605 (5) (a) As used in this Subsection (5) and Section 20A-11-204 , "received" means:
606 (i) for a cash contribution, that the cash is given to a state office candidate or a member
607 of the candidate's personal campaign committee;
608 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
609 instrument or check is negotiated; and
610 (iii) for any other type of contribution, that any portion of the contribution's benefit
611 inures to the state office candidate.
612 (b) Each state office candidate shall report each contribution and public service
613 assistance to the lieutenant governor within 30 days after the contribution or public service
614 assistance is received.

615 (6) (a) As used in this Subsection (6), "account" means an account in a financial
616 institution:
617 (i) that is not described in Subsection (1)(a); and
618 (ii) into which or from which a person who, as a candidate for an office, other than the
619 state office for which the person files a declaration of candidacy or federal office, or as a holder
620 of an office, other than a state office for which the person files a declaration of candidacy or
621 federal office, deposits a contribution or makes an expenditure.
622 (b) A state office candidate shall include on any financial statement filed in accordance
623 with this part:
624 (i) a contribution deposited in an account:
625 (A) since the last campaign finance statement was filed; or
626 (B) that has not been reported under a statute or ordinance that governs the account; or
627 (ii) an expenditure made from an account:
628 (A) since the last campaign finance statement was filed; or
629 (B) that has not been reported under a statute or ordinance that governs the account.
630 Section 5. Section 20A-11-301 is amended to read:
631 20A-11-301. Legislative office candidate -- Campaign finance requirements --
632 Candidate as a political action committee officer.
633 (1) (a) (i) Each legislative office candidate shall deposit each contribution and public
634 service assistance received in one or more separate accounts in a financial institution that are
635 dedicated only to that purpose.
636 (ii) A legislative office candidate may:
637 (A) receive a contribution or public service assistance from a political action
638 committee registered under Section 20A-11-601 ; and
639 (B) be designated by a political action committee as an officer who has primary
640 decision-making authority as described in Section 20A-11-601 .
641 (b) A legislative office candidate or the candidate's personal campaign committee may
642 not use money deposited in an account described in Subsection (1)(a)(i) for:
643 (i) a personal use expenditure; or
644 (ii) an expenditure prohibited by law.
645 (2) A legislative office candidate may not deposit or mingle any contributions or public

646 service assistance received into a personal or business account.
647 (3) If a person who is no longer a legislative candidate chooses not to expend the
648 money remaining in a campaign account, the person shall continue to file the year-end
649 summary report required by Section 20A-11-302 until the statement of dissolution and final
650 summary report required by Section 20A-11-304 are filed with the lieutenant governor.
651 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402 , a person who
652 is no longer a legislative office candidate may not expend or transfer the money in a campaign
653 account in a manner that would cause the former legislative office candidate to recognize the
654 money as taxable income under federal tax law.
655 (b) A person who is no longer a legislative office candidate may transfer the money in
656 a campaign account in a manner that would cause the former legislative office candidate to
657 recognize the money as taxable income under federal tax law if the transfer is made to a
658 campaign account for federal office.
659 (5) (a) As used in this Subsection (5) and Section 20A-11-303 , "received" means:
660 (i) for a cash contribution, that the cash is given to a legislative office candidate or a
661 member of the candidate's personal campaign committee;
662 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
663 instrument or check is negotiated; and
664 (iii) for any other type of contribution, that any portion of the contribution's benefit
665 inures to the legislative office candidate.
666 (b) Each legislative office candidate shall report each contribution and public service
667 assistance to the lieutenant governor within 30 days after the contribution or public service
668 assistance is received.
669 (6) (a) As used in this Subsection (6), "account" means an account in a financial
670 institution:
671 (i) that is not described in Subsection (1)(a)(i); and
672 (ii) into which or from which a person who, as a candidate for an office, other than a
673 legislative office for which the person files a declaration of candidacy or federal office, or as a
674 holder of an office, other than a legislative office for which the person files a declaration of
675 candidacy or federal office, deposits a contribution or makes an expenditure.
676 (b) A legislative office candidate shall include on any financial statement filed in

677 accordance with this part:
678 (i) a contribution deposited in an account:
679 (A) since the last campaign finance statement was filed; or
680 (B) that has not been reported under a statute or ordinance that governs the account; or
681 (ii) an expenditure made from an account:
682 (A) since the last campaign finance statement was filed; or
683 (B) that has not been reported under a statute or ordinance that governs the account.
684 Section 6. Section 20A-11-602 is amended to read:
685 20A-11-602. Political action committees -- Financial reporting.
686 (1) (a) Each registered political action committee that has received contributions
687 totaling at least $750, or disbursed expenditures totaling at least $50, during a calendar year
688 shall file a verified financial statement with the lieutenant governor's office:
689 (i) on January 10, reporting contributions and expenditures as of December 31 of the
690 previous year;
691 (ii) seven days before the regular primary election date;
692 (iii) on August 31; and
693 (iv) seven days before the regular general election date.
694 (b) The registered political action committee shall report:
695 (i) a detailed listing of all contributions received and expenditures made since the last
696 statement; and
697 (ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
698 contributions and expenditures as of five days before the required filing date of the financial
699 statement.
700 (c) The registered political action committee need not file a statement under this
701 section if it received no contributions and made no expenditures during the reporting period.
702 (2) (a) The verified financial statement shall include:
703 (i) the name and address of any individual that makes a contribution to the reporting
704 political action committee, and the amount of the contribution;
705 (ii) the identification of any publicly identified class of individuals that makes a
706 contribution to the reporting political action committee, and the amount of the contribution;
707 (iii) the name and address of any political action committee, group, or entity that makes

708 a contribution to the reporting political action committee, and the amount of the contribution;
709 (iv) for each nonmonetary contribution, the fair market value of the contribution;
710 (v) the name and address of each reporting entity that received an expenditure from the
711 reporting political action committee, and the amount of each expenditure;
712 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
713 (vii) the total amount of contributions received and expenditures disbursed by the
714 reporting political action committee;
715 (viii) a statement by the political action committee's treasurer or chief financial officer
716 certifying that, to the best of the person's knowledge, the financial report is accurate; and
717 (ix) a summary page in the form required by the lieutenant governor that identifies:
718 (A) beginning balance;
719 (B) total contributions during the period since the last statement;
720 (C) total contributions to date;
721 (D) total expenditures during the period since the last statement; and
722 (E) total expenditures to date.
723 (b) (i) Contributions received by a political action committee that have a value of $50
724 or less need not be reported individually, but shall be listed on the report as an aggregate total.
725 (ii) Two or more contributions from the same source that have an aggregate total of
726 more than $50 may not be reported in the aggregate, but shall be reported separately.
727 (3) A group or entity may not divide or separate into units, sections, or smaller groups
728 for the purpose of avoiding the financial reporting requirements of this chapter, and substance
729 shall prevail over form in determining the scope or size of a political action committee.
730 (4) (a) As used in this Subsection (4), "received" means:
731 (i) for a cash contribution, that the cash is given to a political action committee;
732 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
733 instrument or check is negotiated; and
734 (iii) for any other type of contribution, that any portion of the contribution's benefit
735 inures to the political action committee.
736 (b) A political action committee shall report each contribution to the lieutenant
737 governor within 30 days after the contribution is received.
738 Section 7. Section 20A-11-802 is amended to read:

739 20A-11-802. Political issues committees -- Financial reporting.
740 (1) (a) Each registered political issues committee that has received political issues
741 contributions totaling at least $750, or disbursed political issues expenditures totaling at least
742 $50, during a calendar year, shall file a verified financial statement with the lieutenant
743 governor's office:
744 (i) on January 10, reporting contributions and expenditures as of December 31 of the
745 previous year;
746 (ii) seven days before the date of an incorporation election, if the political issues
747 committee has received donations or made disbursements to affect an incorporation;
748 (iii) at least three days before the first public hearing held as required by Section
749 20A-7-204.1 ;
750 (iv) if the political issues committee has received or expended funds in relation to an
751 initiative or referendum, at the time the initiative or referendum sponsors submit:
752 (A) the verified and certified initiative packets as required by Section 20A-7-206 ; or
753 (B) the signed and verified referendum packets as required by Section 20A-7-306 ;
754 (v) on August 31; and
755 (vi) seven days before the regular general election.
756 (b) The political issues committee shall report:
757 (i) a detailed listing of all contributions received and expenditures made since the last
758 statement; and
759 (ii) all contributions and expenditures as of five days before the required filing date of
760 the financial statement, except for a financial statement filed on January 10.
761 (c) The political issues committee need not file a statement under this section if it
762 received no contributions and made no expenditures during the reporting period.
763 (2) (a) That statement shall include:
764 (i) the name and address of any individual that makes a political issues contribution to
765 the reporting political issues committee, and the amount of the political issues contribution;
766 (ii) the identification of any publicly identified class of individuals that makes a
767 political issues contribution to the reporting political issues committee, and the amount of the
768 political issues contribution;
769 (iii) the name and address of any political issues committee, group, or entity that makes

770 a political issues contribution to the reporting political issues committee, and the amount of the
771 political issues contribution;
772 (iv) the name and address of each reporting entity that makes a political issues
773 contribution to the reporting political issues committee, and the amount of the political issues
774 contribution;
775 (v) for each nonmonetary contribution, the fair market value of the contribution;
776 (vi) except as provided in Subsection (2)(c), the name and address of each individual,
777 entity, or group of individuals or entities that received a political issues expenditure of more
778 than $50 from the reporting political issues committee, and the amount of each political issues
779 expenditure;
780 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
781 (viii) the total amount of political issues contributions received and political issues
782 expenditures disbursed by the reporting political issues committee;
783 (ix) a statement by the political issues committee's treasurer or chief financial officer
784 certifying that, to the best of the person's knowledge, the financial statement is accurate; and
785 (x) a summary page in the form required by the lieutenant governor that identifies:
786 (A) beginning balance;
787 (B) total contributions during the period since the last statement;
788 (C) total contributions to date;
789 (D) total expenditures during the period since the last statement; and
790 (E) total expenditures to date.
791 (b) (i) Political issues contributions received by a political issues committee that have a
792 value of $50 or less need not be reported individually, but shall be listed on the report as an
793 aggregate total.
794 (ii) Two or more political issues contributions from the same source that have an
795 aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
796 separately.
797 (c) When reporting political issue expenditures made to circulators of initiative
798 petitions, the political issues committee:
799 (i) need only report the amount paid to each initiative petition circulator; and
800 (ii) need not report the name or address of the circulator.

801 (3) (a) As used in this Subsection (3), "received" means:
802 (i) for a cash contribution, that the cash is given to a political issues committee;
803 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
804 instrument or check is negotiated; and
805 (iii) for any other type of contribution, that any portion of the contribution's benefit
806 inures to the political issues committee.
807 (b) A political issues committee shall report each contribution to the lieutenant
808 governor within 30 days after the contribution is received.
809 Section 8. Section 20A-11-901 is amended to read:
810 20A-11-901. Political advertisements -- Requirement that ads designate
811 responsibility and authorization -- Report to lieutenant governor -- Unauthorized use of
812 endorsements.
813 (1) (a) Whenever any person makes an expenditure for the purpose of financing an
814 advertisement expressly advocating the election or defeat of a clearly identified candidate, or
815 solicits any contribution through any broadcasting station, newspaper, magazine, outdoor
816 advertising facility, direct mailing, or any other type of general public political advertising, the
817 advertisement:
818 (i) if paid for and authorized by a candidate or the candidate's campaign committee,
819 shall clearly state that the advertisement has been paid for by the candidate or the campaign
820 committee;
821 (ii) if paid for by another person but authorized by a candidate or the candidate's
822 campaign committee, shall clearly state who paid for the advertisement and that the candidate
823 or the campaign committee authorized the advertisement; or
824 (iii) if not authorized by a candidate or his campaign committee, shall clearly state the
825 name of the person who paid for the advertisement and state that the advertisement is not
826 authorized by any candidate or candidate's committee.
827 (b) The requirements of Subsection (1)(a) do not apply to:
828 (i) lawn signs with dimensions of four by eight feet or smaller;
829 (ii) bumper stickers;
830 (iii) campaign pins, buttons, and pens; and
831 (iv) similar small items upon which the disclaimer cannot be conveniently printed.

832 (2) (a) A person who is not a reporting entity and pays for an electioneering
833 communication shall file a report with the lieutenant governor within 24 hours of making the
834 payment or entering into a contract to make the payment.
835 (b) The report shall include:
836 (i) the name and address of the person described in Subsection (2)(a);
837 (ii) the name and address of each person contributing at least $100 to the person
838 described in Subsection (2)(a) for the purpose of disseminating the electioneering
839 communication;
840 (iii) the amount spent on the electioneering communication;
841 (iv) the name of the identified referenced candidate; and
842 (v) the medium used to disseminate the electioneering communication.
843 (3) A person may not, in order to promote the success of any candidate for nomination
844 or election to any public office, or in connection with any question submitted to the voters,
845 include or cause to be included the name of any person as endorser or supporter in any political
846 advertisement, circular, poster, or publication without the express consent of that person.
847 (4) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of any
848 newspaper or other periodical to induce him to advocate or oppose editorially any candidate for
849 nomination or election.
850 (b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
851 advocate or oppose editorially any candidate for nomination or election.
852 Section 9. Section 20A-11-1301 is amended to read:
853 20A-11-1301. School board office candidate -- Campaign finance requirements --
854 Candidate as a political action committee officer.
855 (1) (a) (i) Each school board office candidate shall deposit each contribution and public
856 service assistance received in one or more separate accounts in a financial institution that are
857 dedicated only to that purpose.
858 (ii) A school board office candidate may:
859 (A) receive a contribution or public service assistance from a political action
860 committee registered under Section 20A-11-601 ; and
861 (B) be designated by a political action committee as an officer who has primary
862 decision-making authority as described in Section 20A-11-601 .

863 (b) A school board office candidate may not use money deposited in an account
864 described in Subsection (1)(a)(i) for:
865 (i) a personal use expenditure; or
866 (ii) an expenditure prohibited by law.
867 (2) A school board office candidate may not deposit or mingle any contributions or
868 public service assistance received into a personal or business account.
869 (3) A school board office candidate may not make any political expenditures prohibited
870 by law.
871 (4) If a person who is no longer a school board candidate chooses not to expend the
872 money remaining in a campaign account, the person shall continue to file the year-end
873 summary report required by Section 20A-11-1302 until the statement of dissolution and final
874 summary report required by Section 20A-11-1304 are filed with:
875 (a) the lieutenant governor in the case of a state school board candidate; and
876 (b) the county clerk, in the case of a local school board candidate.
877 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402 , a person who
878 is no longer a school board candidate may not expend or transfer the money in a campaign
879 account in a manner that would cause the former school board candidate to recognize the
880 money as taxable income under federal tax law.
881 (b) A person who is no longer a school board candidate may transfer the money in a
882 campaign account in a manner that would cause the former school board candidate to recognize
883 the money as taxable income under federal tax law if the transfer is made to a campaign
884 account for federal office.
885 (6) (a) As used in this Subsection (6) and Section 20A-11-1303 , "received" means:
886 (i) for a cash contribution, that the cash is given to a school board office candidate or a
887 member of the candidate's personal campaign committee;
888 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
889 instrument or check is negotiated; and
890 (iii) for any other type of contribution, that any portion of the contribution's benefit
891 inures to the school board office candidate.
892 (b) Each school board office candidate shall report to the chief election officer each
893 contribution and public service assistance within 30 days after the contribution or public

894 service assistance is received.
895 (7) (a) As used in this Subsection (7), "account" means an account in a financial
896 institution:
897 (i) that is not described in Subsection (1)(a)(i); and
898 (ii) into which or from which a person who, as a candidate for an office, other than a
899 school board office for which the person files a declaration of candidacy or federal office, or as
900 a holder of an office, other than a school board office for which the person files a declaration of
901 candidacy or federal office, deposits a contribution or makes an expenditure.
902 (b) A school board office candidate shall include on any financial statement filed in
903 accordance with this part:
904 (i) a contribution deposited in an account:
905 (A) since the last campaign finance statement was filed; or
906 (B) that has not been reported under a statute or ordinance that governs the account; or
907 (ii) an expenditure made from an account:
908 (A) since the last campaign finance statement was filed; or
909 (B) that has not been reported under a statute or ordinance that governs the account.
910 Section 10. Effective date.
911 If approved by two-thirds of all the members elected to each house, this bill takes effect
912 upon approval by the governor, or the day following the constitutional time limit of Utah
913 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
914 the date of veto override.