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8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Political Activities of Public Entities Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms and modifies and deletes definitions;
14 ▸ prohibits a public official or an employee of a public entity from using public funds,
15 public resources, public email, or public distribution lists for certain politically-
16 related purposes;
17 ▸ provides criminal or civil penalties for violating the provisions of this bill;
18 ▸ modifies exceptions to the requirements of this bill; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-11-1202, as last amended by Laws of Utah 2017, Chapter 68
27 20A-11-1203, as last amended by Laws of Utah 2015, Chapter 435
28 20A-11-1204, as last amended by Laws of Utah 2015, Chapter 435
29 20A-11-1205, as last amended by Laws of Utah 2018, Chapter 44
30 20A-11-1206, as enacted by Laws of Utah 2015, Chapter 435
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 20A-11-1202 is amended to read:
34 20A-11-1202. Definitions.
35 As used in this part:
36 (1) "Applicable election officer" means:
37 (a) a county clerk, if the email relates only to a local election; or
38 (b) the lieutenant governor, if the email relates to an election other than a local
39 election.
40 (2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
41 judicial retention questions, opinion questions, bond approvals, or other questions submitted to
42 the voters for their approval or rejection.
43 (3) "Campaign contribution" means any of the following when done for a political
44 purpose or to advocate for or against a ballot proposition:
45 (a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
46 given to a filing entity;
47 (b) an express, legally enforceable contract, promise, or agreement to make a gift,
48 subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
49 of value to a filing entity;
50 (c) any transfer of funds from another reporting entity to a filing entity;
51 (d) compensation paid by any person or reporting entity other than the filing entity for
52 personal services provided without charge to the filing entity;
53 (e) remuneration from:
54 (i) any organization or the organization's directly affiliated organization that has a
55 registered lobbyist; or
56 (ii) any agency or subdivision of the state, including a school district; or
57 (f) an in-kind contribution.
58 (4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
59 agency that receives its revenues from conduct of its commercial operations.
60 (b) "Commercial interlocal cooperation agency" does not mean an interlocal
61 cooperation agency that receives some or all of its revenues from:
62 (i) government appropriations;
63 (ii) taxes;
64 (iii) government fees imposed for regulatory or revenue raising purposes; or
65 (iv) interest earned on public funds or other returns on investment of public funds.
66 (5) "Expenditure" means:
67 (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
68 or anything of value;
69 (b) an express, legally enforceable contract, promise, or agreement to make any
70 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
71 value;
72 (c) a transfer of funds between a public entity and a candidate's personal campaign
73 committee;
74 (d) a transfer of funds between a public entity and a political issues committee; or
75 (e) goods or services provided to or for the benefit of a candidate, a candidate's
76 personal campaign committee, or a political issues committee for a political [
77 at less than fair market value.
78 (6) "Filing entity" means the same as that term is defined in Section 20A-11-101.
79 (7) "Governmental interlocal cooperation agency" means an interlocal cooperation
80 agency that receives some or all of its revenues from:
81 (a) government appropriations;
82 (b) taxes;
83 (c) government fees imposed for regulatory or revenue raising purposes; or
84 (d) interest earned on public funds or other returns on investment of public funds.
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89 agreement under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
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91 Government Entities - Local Districts, and includes a special service district under Title 17D,
92 Chapter 1, Special Service District Act.
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94 to influence or intend to influence, directly or indirectly, any person to refrain from voting or to
95 vote for or against any:
96 (a) candidate for public office at any caucus, political convention, primary, or election;
97 or
98 (b) judge standing for retention at any election.
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100 municipality, school district, local district, governmental interlocal cooperation agency, and
101 each administrative subunit of each of them.
102 (b) "Public entity" does not include a commercial interlocal cooperation agency.
103 (c) "Public entity" includes local health departments created under Title 26, Chapter 1,
104 Department of Health Organization.
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106 appropriations, taxes, fees, interest, or other returns on investment.
107 (b) "Public funds" does not include money donated to a public entity by a person or
108 entity.
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110 with authority to make or determine public policy.
111 (b) "Public official" includes the person or group that:
112 (i) has supervisory authority over the personnel and affairs of a public entity; and
113 (ii) approves the expenditure of funds for the public entity.
114 (14) "Public resources" means resources owned or paid for by a public entity, including
115 computer equipment, office equipment, office space, consumable resources, or paid employee
116 time.
117 (15) "Reporting entity" means the same as that term is defined in Section 20A-11-101.
118 (16) (a) "State agency" means each department, commission, board, council, agency,
119 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
120 unit, bureau, panel, or other administrative unit of the state.
121 (b) "State agency" includes the legislative branch, the Board of Regents, the
122 institutional councils of each higher education institution, and each higher education
123 institution.
124 Section 2. Section 20A-11-1203 is amended to read:
125 20A-11-1203. Public entity prohibited from expending public funds or using
126 public resources on certain electoral matters.
127 (1) Unless specifically required by law, and except as provided in Section
128 20A-11-1206, a public entity, a public official, or an employee of a public entity may not make
129 an expenditure from public funds [
130 use a public resource:
131 (a) for a political purpose; or
132 (b) to influence, directly or indirectly, an individual to:
133 (i) sign or refuse to sign a petition for an initiative or referendum;
134 (ii) remove or not remove an individual's signature from a petition for an initiative or
135 referendum; or
136 (iii) vote for or against a ballot proposition.
137 (2) An individual does not violate this section if the lieutenant governor finds that the
138 individual inadvertently used the public resource in a manner prohibited by this section.
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140 Section 3. Section 20A-11-1204 is amended to read:
141 20A-11-1204. Criminal penalty.
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143 20A-11-1203 is guilty of a class B misdemeanor.
144 Section 4. Section 20A-11-1205 is amended to read:
145 20A-11-1205. Use of public email or distribution lists for a political purpose.
146 (1) Except as provided in Subsection (5), a person may not send an email using the
147 email of a public entity, or use a public entity's email distribution list, phone number
148 distribution list, or text distribution list:
149 (a) for a political purpose;
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152 (c) to influence, directly or indirectly, an individual to:
153 (i) sign or refuse to sign a petition for an initiative or referendum;
154 (ii) remove or not remove an individual's signature from a petition for an initiative or
155 referendum; or
156 (iii) vote for or against a ballot proposition.
157 (2) The applicable election officer shall impose a civil fine against a person who
158 violates Subsection (1) as follows:
159 (a) up to $250 for a first violation; and
160 (b) except as provided in Subsection (3), for each subsequent violation committed after
161 any applicable election officer imposes a fine against the person for a first violation, $1,000
162 multiplied by the number of violations committed by the person.
163 (3) The applicable election officer shall consider a violation of this section as a first
164 violation if the violation is committed more than seven years after the day on which the person
165 last committed a violation of this section.
166 (4) For purposes of this section, one violation means one act of sending an email,
167 regardless of the number of recipients of the email.
168 (5) A person does not violate this section if the lieutenant governor finds that the email
169 described in Subsection (1) was inadvertently sent by the person described in Subsection (1),
170 using the email of a public entity.
171 (6) A violation of this section does not invalidate an otherwise valid election.
172 (7) An email sent in violation of Subsection (1), as determined by the records officer,
173 constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of Title
174 63G, Chapter 2, Government Records Access and Management Act, notwithstanding any
175 applicability of Subsection 63G-2-103(22)(b)(i).
176 Section 5. Section 20A-11-1206 is amended to read:
177 20A-11-1206. Exclusions.
178 (1) Nothing in this chapter prohibits a public official or an employee of a public entity
179 from speaking, campaigning, contributing personal money, or otherwise exercising the public
180 official's individual First Amendment rights for a political [
181 official or employee exercises those rights using money or resources that are not public funds
182 or public resources.
183 (2) Nothing in this chapter prohibits a public entity from providing factual information
184 about a ballot proposition to the public[
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186 Title 20A, Chapter 7, Issues Submitted to the Voters, Title 59, Revenue and Taxation, or any
187 other requirement of law.
188 (3) Nothing in this chapter prohibits a public entity from the neutral encouragement of
189 voters to vote.
190 (4) Nothing in this chapter prohibits an elected official from campaigning or
191 advocating for or against a ballot proposition using the public official's personal or campaign
192 funds or resources.