S.B. 216 Political Committee Amendments
| Bill Sponsor:  Sen. Thatcher, Daniel W. | Floor Sponsor:  Rep. Winder, Mike |
- Drafting Attorney: Thomas R. Vaughn
- Fiscal Analyst: Alexander R. Wilson
- Bill Text
- Introduced
- Enrolled (Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 25 Mar 2019, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 14 May 2019
- Session Law Chapter: 284
- Sections Affected
Enrolled
Printer FriendlyS.B. 216
1 POLITICAL COMMITTEE AMENDMENTS
22019 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Daniel W. Thatcher
5House Sponsor: Mike Winder
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to political action committees and political issues
10 committees.
11 Highlighted Provisions:
12 This bill:
13 ▸ describes the requirements for the disposal of contributions by a political action
14 committee when the political action committee dissolves;
15 ▸ clarifies reporting requirements for a political action committee and a political
16 issues committee;
17 ▸ provides that a political action committee may make a contribution to a political
18 issues committee, but that a political issues committee may not make a contribution
19 to a political action committee; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 20A-11-601, as last amended by Laws of Utah 2018, Chapter 83
28 20A-11-801, as last amended by Laws of Utah 2018, Chapter 83
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 20A-11-601 is amended to read:
32 20A-11-601. Political action committees -- Registration -- Criminal penalty for
33 providing false information or accepting unlawful contribution.
34 (1) (a) Each political action committee shall file a statement of organization with the
35 lieutenant governor's office [by] on or before January 10 of each year, unless the political
36 action committee has filed a notice of dissolution under Subsection (4).
37 (b) If a political action committee is organized after the January 10 filing date, the
38 political action committee shall file an initial statement of organization no later than seven days
39 after the day on which the political action committee:
40 (i) [receiving] receives contributions totaling at least $750; or
41 (ii) [distributing] distributes expenditures for political purposes totaling at least $750.
42 (c) Each political action committee shall deposit each contribution received in one or
43 more separate accounts in a financial institution that are dedicated only to that purpose.
44 (2) (a) Each political action committee shall designate two officers who have primary
45 decision-making authority for the political action committee.
46 (b) [A person] An individual may not exercise primary decision-making authority for a
47 political action committee [who] if the individual is not designated under Subsection (2)(a).
48 (3) The statement of organization shall include:
49 (a) the name and address of the political action committee;
50 (b) the name, street address, phone number, occupation, and title of the two primary
51 officers designated under Subsection (2)(a);
52 (c) the name, street address, occupation, and title of all other officers of the political
53 action committee;
54 (d) the name and street address of the organization, individual corporation, association,
55 unit of government, or union that the political action committee represents, if any;
56 (e) the name and street address of all affiliated or connected organizations and their
57 relationships to the political action committee;
58 (f) the name, street address, business address, occupation, and phone number of the
59 committee's treasurer or chief financial officer; and
60 (g) the name, street address, and occupation of each member of the governing and
61 advisory boards, if any.
62 (4) (a) [Any] A registered political action committee that intends to permanently cease
63 operations shall file a notice of dissolution with the lieutenant governor's office.
64 (b) [Any] A notice of dissolution filed by a political action committee does not exempt
65 [that] the political action committee from complying with the financial reporting requirements
66 [of] described in this chapter in relation to all contributions received, and all expenditures
67 made, before, at, or after dissolution.
68 (c) A political action committee shall, before filing a notice of dissolution, dispose of
69 any money remaining in an account described in Subsection (1)(c) by:
70 (i) returning the money to the donors;
71 (ii) donating the money to the campaign account of a candidate or officeholder;
72 (iii) donating the money to another political action committee;
73 (iv) donating the money to a political party;
74 (v) donating the money to an organization that is exempt from federal income taxation
75 under Section 501(c)(3), Internal Revenue Code; or
76 (vi) making another lawful expenditure of the money for a political purpose.
77 (d) A political action committee shall report all money donated or expended under
78 Subsection (4)(c) in a financial report to the lieutenant governor, in accordance with the
79 financial reporting requirements described in this chapter.
80 (5) (a) Unless the political action committee has filed a notice of dissolution under
81 Subsection (4), a political action committee shall file, with the lieutenant governor's office,
82 notice of any change of an officer described in Subsection (2)(a).
83 (b) A political action committee may not accept a contribution from a political issues
84 committee, but may donate money to a political issues committee.
85 (c) A political action committee shall:
86 [(b)] (i) [Notice] file a notice of a change of a primary officer described in Subsection
87 (2)(a) [shall:] within 10 days after the day on which the change occurs; and
88 [(i) be filed within 10 days of the date of the change; and]
89 (ii) [contain] include in the notice of change the name and title of the officer being
90 replaced, and the name, street address, occupation, and title of the new officer.
91 (6) (a) A person is guilty of providing false information in relation to a political action
92 committee if the person intentionally or knowingly gives false or misleading material
93 information in the statement of organization or the notice of change of primary officer.
94 (b) Each primary officer designated in Subsection (2)(a) or (5)(c) is guilty of accepting
95 an unlawful contribution if the political action committee knowingly or recklessly accepts a
96 contribution from a corporation that:
97 (i) was organized less than 90 days before the date of the general election; and
98 (ii) at the time the political action committee accepts the contribution, has failed to file
99 a statement of organization with the lieutenant governor's office as required by Section
100 20A-11-704.
101 (c) A violation of this Subsection (6) is a third degree felony.
102 Section 2. Section 20A-11-801 is amended to read:
103 20A-11-801. Political issues committees -- Registration -- Criminal penalty for
104 providing false information or accepting unlawful contribution.
105 (1) (a) Each political issues committee shall file a statement of organization with the
106 lieutenant governor's office [by] on or before January 10 of each year, unless the political
107 issues committee has filed a notice of dissolution under Subsection (4).
108 (b) If a political issues committee is organized after the January 10 filing date, the
109 political issues committee shall file an initial statement of organization no later than seven days
110 after the day on which the political issues committee:
111 (i) [receiving] receives political issues contributions totaling at least $750; or
112 (ii) [disbursing] distributes political issues expenditures totaling at least $750.
113 (c) Each political issues committee shall deposit each contribution received into one or
114 more separate accounts in a financial institution that are dedicated only to that purpose.
115 (2) (a) Each political issues committee shall designate two officers that have primary
116 decision-making authority for the political issues committee.
117 (b) An individual may not exercise primary decision-making authority for a political
118 issues committee if the individual is not designated under Subsection (2)(a).
119 (3) The statement of organization shall include:
120 (a) the name and street address of the political issues committee;
121 (b) the name, street address, phone number, occupation, and title of the two primary
122 officers designated under Subsection (2);
123 (c) the name, street address, occupation, and title of all other officers of the political
124 issues committee;
125 (d) the name and street address of the organization, individual, corporation,
126 association, unit of government, or union that the political issues committee represents, if any;
127 (e) the name and street address of all affiliated or connected organizations and their
128 relationships to the political issues committee;
129 (f) the name, street address, business address, occupation, and phone number of the
130 committee's treasurer or chief financial officer;
131 (g) the name, street address, and occupation of each member of the supervisory and
132 advisory boards, if any; and
133 (h) the ballot proposition whose outcome they wish to affect, and whether they support
134 or oppose it.
135 (4) (a) [Any] A registered political issues committee that intends to permanently cease
136 operations during a calendar year shall:
137 (i) dispose of all remaining funds by returning the funds to donors or donating the
138 funds to an organization that is exempt from federal income taxation under Section 501(c)(3),
139 Internal Revenue Code; and
140 (ii) after complying with Subsection (4)(a)(i), file a notice of dissolution with the
141 lieutenant governor's office.
142 (b) A political issues committee may not donate money to a political action committee,
143 but may accept a contribution from a political action committee.
144 [(b)] (c) Any notice of dissolution filed by a political issues committee does not
145 exempt that political issues committee from complying with the financial reporting
146 requirements of this chapter in relation to all contributions received, and all expenditures made,
147 before, at, or after dissolution.
148 (d) A political issues committee shall report all money donated or expended under
149 Subsection (4)(a) in a financial report to the lieutenant governor, in accordance with the
150 financial reporting requirements described in this chapter.
151 (5) (a) Unless the political issues committee has filed a notice of dissolution under
152 Subsection (4), a political issues committee shall file, with the lieutenant governor's office,
153 notice of any change of an officer described in Subsection (2).
154 (b) A political issues committee shall:
155 [(b)] (i) [Notice] file a notice of a change of a primary officer described in Subsection
156 [(2) shall:] (2)(a) within 10 days after the day on which the change occurs; and
157 [(i) be filed within 10 days of the date of the change; and]
158 (ii) [contain] include in the notice of change the name and title of the officer being
159 replaced and the name, street address, occupation, and title of the new officer.
160 (6) (a) A person is guilty of providing false information in relation to a political issues
161 committee if the person intentionally or knowingly gives false or misleading material
162 information in the statement of organization or the notice of change of primary officer.
163 (b) Each primary officer designated in Subsection (2)(a) or (5)(b) is guilty of accepting
164 an unlawful contribution if the political issues committee knowingly or recklessly accepts a
165 contribution from a corporation that:
166 (i) was organized less than 90 days before the date of the general election; and
167 (ii) at the time the political issues committee accepts the contribution, has failed to file
168 a statement of organization with the lieutenant governor's office as required by Section
169 20A-11-704.
170 (c) A violation of this Subsection (6) is a third degree felony.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to political action committees and political issues
10 committees.
11 Highlighted Provisions:
12 This bill:
13 ▸ describes the requirements for the disposal of contributions by a political action
14 committee when the political action committee dissolves;
15 ▸ clarifies reporting requirements for a political action committee and a political
16 issues committee;
17 ▸ provides that a political action committee may make a contribution to a political
18 issues committee, but that a political issues committee may not make a contribution
19 to a political action committee; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 20A-11-601, as last amended by Laws of Utah 2018, Chapter 83
28 20A-11-801, as last amended by Laws of Utah 2018, Chapter 83
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 20A-11-601 is amended to read:
32 20A-11-601. Political action committees -- Registration -- Criminal penalty for
33 providing false information or accepting unlawful contribution.
34 (1) (a) Each political action committee shall file a statement of organization with the
35 lieutenant governor's office [
36 action committee has filed a notice of dissolution under Subsection (4).
37 (b) If a political action committee is organized after the January 10 filing date, the
38 political action committee shall file an initial statement of organization no later than seven days
39 after the day on which the political action committee:
40 (i) [
41 (ii) [
42 (c) Each political action committee shall deposit each contribution received in one or
43 more separate accounts in a financial institution that are dedicated only to that purpose.
44 (2) (a) Each political action committee shall designate two officers who have primary
45 decision-making authority for the political action committee.
46 (b) [
47 political action committee [
48 (3) The statement of organization shall include:
49 (a) the name and address of the political action committee;
50 (b) the name, street address, phone number, occupation, and title of the two primary
51 officers designated under Subsection (2)(a);
52 (c) the name, street address, occupation, and title of all other officers of the political
53 action committee;
54 (d) the name and street address of the organization, individual corporation, association,
55 unit of government, or union that the political action committee represents, if any;
56 (e) the name and street address of all affiliated or connected organizations and their
57 relationships to the political action committee;
58 (f) the name, street address, business address, occupation, and phone number of the
59 committee's treasurer or chief financial officer; and
60 (g) the name, street address, and occupation of each member of the governing and
61 advisory boards, if any.
62 (4) (a) [
63 operations shall file a notice of dissolution with the lieutenant governor's office.
64 (b) [
65 [
66 [
67 made, before, at, or after dissolution.
68 (c) A political action committee shall, before filing a notice of dissolution, dispose of
69 any money remaining in an account described in Subsection (1)(c) by:
70 (i) returning the money to the donors;
71 (ii) donating the money to the campaign account of a candidate or officeholder;
72 (iii) donating the money to another political action committee;
73 (iv) donating the money to a political party;
74 (v) donating the money to an organization that is exempt from federal income taxation
75 under Section 501(c)(3), Internal Revenue Code; or
76 (vi) making another lawful expenditure of the money for a political purpose.
77 (d) A political action committee shall report all money donated or expended under
78 Subsection (4)(c) in a financial report to the lieutenant governor, in accordance with the
79 financial reporting requirements described in this chapter.
80 (5) (a) Unless the political action committee has filed a notice of dissolution under
81 Subsection (4), a political action committee shall file, with the lieutenant governor's office,
82 notice of any change of an officer described in Subsection (2)(a).
83 (b) A political action committee may not accept a contribution from a political issues
84 committee, but may donate money to a political issues committee.
85 (c) A political action committee shall:
86 [
87 (2)(a) [
88 [
89 (ii) [
90 replaced, and the name, street address, occupation, and title of the new officer.
91 (6) (a) A person is guilty of providing false information in relation to a political action
92 committee if the person intentionally or knowingly gives false or misleading material
93 information in the statement of organization or the notice of change of primary officer.
94 (b) Each primary officer designated in Subsection (2)(a) or (5)(c) is guilty of accepting
95 an unlawful contribution if the political action committee knowingly or recklessly accepts a
96 contribution from a corporation that:
97 (i) was organized less than 90 days before the date of the general election; and
98 (ii) at the time the political action committee accepts the contribution, has failed to file
99 a statement of organization with the lieutenant governor's office as required by Section
100 20A-11-704.
101 (c) A violation of this Subsection (6) is a third degree felony.
102 Section 2. Section 20A-11-801 is amended to read:
103 20A-11-801. Political issues committees -- Registration -- Criminal penalty for
104 providing false information or accepting unlawful contribution.
105 (1) (a) Each political issues committee shall file a statement of organization with the
106 lieutenant governor's office [
107 issues committee has filed a notice of dissolution under Subsection (4).
108 (b) If a political issues committee is organized after the January 10 filing date, the
109 political issues committee shall file an initial statement of organization no later than seven days
110 after the day on which the political issues committee:
111 (i) [
112 (ii) [
113 (c) Each political issues committee shall deposit each contribution received into one or
114 more separate accounts in a financial institution that are dedicated only to that purpose.
115 (2) (a) Each political issues committee shall designate two officers that have primary
116 decision-making authority for the political issues committee.
117 (b) An individual may not exercise primary decision-making authority for a political
118 issues committee if the individual is not designated under Subsection (2)(a).
119 (3) The statement of organization shall include:
120 (a) the name and street address of the political issues committee;
121 (b) the name, street address, phone number, occupation, and title of the two primary
122 officers designated under Subsection (2);
123 (c) the name, street address, occupation, and title of all other officers of the political
124 issues committee;
125 (d) the name and street address of the organization, individual, corporation,
126 association, unit of government, or union that the political issues committee represents, if any;
127 (e) the name and street address of all affiliated or connected organizations and their
128 relationships to the political issues committee;
129 (f) the name, street address, business address, occupation, and phone number of the
130 committee's treasurer or chief financial officer;
131 (g) the name, street address, and occupation of each member of the supervisory and
132 advisory boards, if any; and
133 (h) the ballot proposition whose outcome they wish to affect, and whether they support
134 or oppose it.
135 (4) (a) [
136 operations during a calendar year shall:
137 (i) dispose of all remaining funds by returning the funds to donors or donating the
138 funds to an organization that is exempt from federal income taxation under Section 501(c)(3),
139 Internal Revenue Code; and
140 (ii) after complying with Subsection (4)(a)(i), file a notice of dissolution with the
141 lieutenant governor's office.
142 (b) A political issues committee may not donate money to a political action committee,
143 but may accept a contribution from a political action committee.
144 [
145 exempt that political issues committee from complying with the financial reporting
146 requirements of this chapter in relation to all contributions received, and all expenditures made,
147 before, at, or after dissolution.
148 (d) A political issues committee shall report all money donated or expended under
149 Subsection (4)(a) in a financial report to the lieutenant governor, in accordance with the
150 financial reporting requirements described in this chapter.
151 (5) (a) Unless the political issues committee has filed a notice of dissolution under
152 Subsection (4), a political issues committee shall file, with the lieutenant governor's office,
153 notice of any change of an officer described in Subsection (2).
154 (b) A political issues committee shall:
155 [
156 [
157 [
158 (ii) [
159 replaced and the name, street address, occupation, and title of the new officer.
160 (6) (a) A person is guilty of providing false information in relation to a political issues
161 committee if the person intentionally or knowingly gives false or misleading material
162 information in the statement of organization or the notice of change of primary officer.
163 (b) Each primary officer designated in Subsection (2)(a) or (5)(b) is guilty of accepting
164 an unlawful contribution if the political issues committee knowingly or recklessly accepts a
165 contribution from a corporation that:
166 (i) was organized less than 90 days before the date of the general election; and
167 (ii) at the time the political issues committee accepts the contribution, has failed to file
168 a statement of organization with the lieutenant governor's office as required by Section
169 20A-11-704.
170 (c) A violation of this Subsection (6) is a third degree felony.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 2/25/2019 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 2/25/2019 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 2/25/2019 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
| 2/26/2019 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
| 2/26/2019 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 2/28/2019 | Senate/ to standing committee | Senate Government Operations and Political Subdivisions Committee | |
| 2/28/2019 | LFA/ fiscal note publicly available | Senate Government Operations and Political Subdivisions Committee | |
| 2/28/2019 | Senate/ received fiscal note from Fiscal Analyst | Senate Government Operations and Political Subdivisions Committee | |
| 3/5/2019 | Senate Comm - Favorable Recommendation | Senate Government Operations and Political Subdivisions Committee | 6 0 1 |
| 3/5/2019 (11:44:31 AM) | Senate/ committee report favorable | Senate Government Operations and Political Subdivisions Committee | |
| 3/5/2019 (11:44:32 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/5/2019 (3:57:43 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
| 3/5/2019 (4:01:27 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 23 0 6 |
| 3/6/2019 (11:55:14 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
| 3/6/2019 (11:57:57 AM) | Senate/ passed 3rd reading | Clerk of the House | 26 0 3 |
| 3/6/2019 (11:57:58 AM) | Senate/ to House | Clerk of the House | |
| 3/6/2019 | House/ received from Senate | Clerk of the House | |
| 3/6/2019 | House/ 1st reading (Introduced) | House Rules Committee | |
| 3/7/2019 | House/ to standing committee | House Government Operations Committee | |
| 3/11/2019 | House Comm - Favorable Recommendation | House Government Operations Committee | 7 0 4 |
| 3/11/2019 (7:24:45 PM) | House/ committee report favorable | House Government Operations Committee | |
| 3/11/2019 (7:24:46 PM) | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
| 3/12/2019 (4:47:44 PM) | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
| 3/12/2019 (4:51:42 PM) | House/ passed 3rd reading | House Speaker | 70 0 5 |
| 3/12/2019 (4:51:43 PM) | House/ signed by Speaker/ returned to Senate | Senate President | |
| 3/12/2019 (4:51:44 PM) | House/ to Senate | Senate President | |
| 3/12/2019 | Senate/ received from House | Senate President | |
| 3/12/2019 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/13/2019 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/13/2019 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/22/2019 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
| 3/22/2019 | Senate/ enrolled bill to Printing | Senate Secretary | |
| 3/22/2019 | Senate/ received enrolled bill from Printing | Senate Secretary | |
| 3/22/2019 | Senate/ to Governor | Executive Branch - Governor | |
| 3/25/2019 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings