Representative Norman K. Thurston proposes the following substitute bill:


1     
ELECTIONS AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Norman K. Thurston

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to election law.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     addresses the level of detail required for reports of contributions and expenditures;
14          ▸     provides that a regulated officeholder is not required to file a conflict of interest
15     disclosure at the time of filing for reelection to office if the regulated officeholder
16     already filed a disclosure earlier the same year and indicates that the disclosure is
17     accurate and up-to-date;
18          ▸     amends provisions relating to permissible uses of campaign funds;
19          ▸     amends contribution reporting requirements for certain reporting entities;
20          ▸     amends provisions relating to an anonymous campaign donation;
21          ▸     amends the definition of an expenditure under the Lobbyist Disclosure and
22     Regulation Act; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:
30          20A-9-201, as last amended by Laws of Utah 2020, Chapter 22
31          20A-11-101, as last amended by Laws of Utah 2020, Chapter 22
32          20A-11-101.3, as enacted by Laws of Utah 2014, Chapter 18
33          20A-11-104, as last amended by Laws of Utah 2019, Chapter 204
34          20A-11-201, as last amended by Laws of Utah 2019, Chapter 74
35          20A-11-204, as last amended by Laws of Utah 2019, Chapter 74
36          20A-11-206, as last amended by Laws of Utah 2020, Chapters 22 and 31
37          20A-11-301, as last amended by Laws of Utah 2019, Chapter 74
38          20A-11-303, as last amended by Laws of Utah 2019, Chapter 74
39          20A-11-305, as last amended by Laws of Utah 2020, Chapters 22 and 31
40          20A-11-403, as last amended by Laws of Utah 2020, Chapter 22
41          20A-11-705, as last amended by Laws of Utah 2018, Chapter 83
42          20A-11-801, as last amended by Laws of Utah 2020, Chapter 22
43          20A-11-1301, as last amended by Laws of Utah 2019, Chapter 74
44          20A-11-1303, as last amended by Laws of Utah 2019, Chapter 74
45          20A-11-1602, as last amended by Laws of Utah 2020, Chapter 344
46          20A-11-1602.5, as enacted by Laws of Utah 2019, Chapter 266
47          20A-11-1603, as last amended by Laws of Utah 2019, Chapter 266
48          20A-11-1604, as last amended by Laws of Utah 2019, Chapter 266
49          20A-11-1605, as last amended by Laws of Utah 2020, Chapter 22
50          20A-11-1706, as enacted by Laws of Utah 2014, Chapter 60
51          20A-12-303, as last amended by Laws of Utah 2018, Chapter 83
52          36-11-102, as last amended by Laws of Utah 2019, Chapter 363
53     

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 20A-9-201 is amended to read:
56          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
57     more than one political party prohibited with exceptions -- General filing and form
58     requirements -- Affidavit of impecuniosity.
59          (1) Before filing a declaration of candidacy for election to any office, an individual
60     shall:
61          (a) be a United States citizen;
62          (b) meet the legal requirements of that office; and
63          (c) if seeking a registered political party's nomination as a candidate for elective office,
64     state:
65          (i) the registered political party of which the individual is a member; or
66          (ii) that the individual is not a member of a registered political party.
67          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
68          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
69     Utah during any election year;
70          (ii) appear on the ballot as the candidate of more than one political party; or
71          (iii) file a declaration of candidacy for a registered political party of which the
72     individual is not a member, except to the extent that the registered political party permits
73     otherwise in the registered political party's bylaws.
74          (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
75     president or vice president of the United States and another office, if the individual resigns the
76     individual's candidacy for the other office after the individual is officially nominated for
77     president or vice president of the United States.
78          (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
79     than one justice court judge office.
80          (iii) An individual may file a declaration of candidacy for lieutenant governor even if
81     the individual filed a declaration of candidacy for another office in the same election year if the
82     individual withdraws as a candidate for the other office in accordance with Subsection
83     20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
84          (3) (a) Except for a candidate for president or vice president of the United States,
85     before the filing officer may accept any declaration of candidacy, the filing officer shall:
86          (i) read to the individual the constitutional and statutory qualification requirements for
87     the office that the individual is seeking;
88          (ii) require the individual to state whether the individual meets the requirements
89     described in Subsection (3)(a)(i); [and]
90          (iii) if the declaration of candidacy is for a county office, inform the individual that an
91     individual who holds a county elected office may not, at the same time, hold a municipal
92     elected office[.]; and
93          (iv) if the declaration of candidacy is for a legislative office, inform the individual that
94     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
95     or trust, under authority of the United States or Utah, from being a member of the Legislature.
96          (b) Before accepting a declaration of candidacy for the office of county attorney, the
97     county clerk shall ensure that the individual filing that declaration of candidacy is:
98          (i) a United States citizen;
99          (ii) an attorney licensed to practice law in the state who is an active member in good
100     standing of the Utah State Bar;
101          (iii) a registered voter in the county in which the individual is seeking office; and
102          (iv) a current resident of the county in which the individual is seeking office and either
103     has been a resident of that county for at least one year or was appointed and is currently serving
104     as county attorney and became a resident of the county within 30 days after appointment to the
105     office.
106          (c) Before accepting a declaration of candidacy for the office of district attorney, the
107     county clerk shall ensure that, as of the date of the election, the individual filing that
108     declaration of candidacy is:
109          (i) a United States citizen;
110          (ii) an attorney licensed to practice law in the state who is an active member in good
111     standing of the Utah State Bar;
112          (iii) a registered voter in the prosecution district in which the individual is seeking
113     office; and
114          (iv) a current resident of the prosecution district in which the individual is seeking
115     office and either will have been a resident of that prosecution district for at least one year as of
116     the date of the election or was appointed and is currently serving as district attorney and
117     became a resident of the prosecution district within 30 days after receiving appointment to the
118     office.
119          (d) Before accepting a declaration of candidacy for the office of county sheriff, the
120     county clerk shall ensure that the individual filing the declaration:
121          (i) is a United States citizen;
122          (ii) is a registered voter in the county in which the individual seeks office;
123          (iii) (A) has successfully met the standards and training requirements established for
124     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
125     Certification Act; or
126          (B) has met the waiver requirements in Section 53-6-206;
127          (iv) is qualified to be certified as a law enforcement officer, as defined in Section
128     53-13-103; and
129          (v) as of the date of the election, will have been a resident of the county in which the
130     individual seeks office for at least one year.
131          (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
132     governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
133     Education member, the filing officer shall ensure[: (i)] that the individual filing the declaration
134     of candidacy also makes the conflict of interest disclosure [required by] described in Section
135     20A-11-1603[; and].
136          [(ii) until January 1, 2020, if the filing officer is not the lieutenant governor, that the
137     individual provides the conflict of interest disclosure form to the lieutenant governor in
138     accordance with Section 20A-11-1603.]
139          (4) If an individual who files a declaration of candidacy does not meet the qualification
140     requirements for the office the individual is seeking, the filing officer may not accept the
141     individual's declaration of candidacy.
142          (5) If an individual who files a declaration of candidacy meets the requirements
143     described in Subsection (3), the filing officer shall:
144          (a) inform the individual that:
145          (i) the individual's name will appear on the ballot as the individual's name is written on
146     the individual's declaration of candidacy;
147          (ii) the individual may be required to comply with state or local campaign finance
148     disclosure laws; and
149          (iii) the individual is required to file a financial statement before the individual's
150     political convention under:
151          (A) Section 20A-11-204 for a candidate for constitutional office;
152          (B) Section 20A-11-303 for a candidate for the Legislature; or
153          (C) local campaign finance disclosure laws, if applicable;
154          (b) except for a presidential candidate, provide the individual with a copy of the current
155     campaign financial disclosure laws for the office the individual is seeking and inform the
156     individual that failure to comply will result in disqualification as a candidate and removal of
157     the individual's name from the ballot;
158          (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
159     Electronic Voter Information Website Program and inform the individual of the submission
160     deadline under Subsection 20A-7-801(4)(a);
161          (d) provide the candidate with a copy of the pledge of fair campaign practices
162     described under Section 20A-9-206 and inform the candidate that:
163          (i) signing the pledge is voluntary; and
164          (ii) signed pledges shall be filed with the filing officer;
165          (e) accept the individual's declaration of candidacy; and
166          (f) if the individual has filed for a partisan office, provide a certified copy of the
167     declaration of candidacy to the chair of the county or state political party of which the
168     individual is a member.
169          (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
170     officer shall:
171          (a) accept the candidate's pledge; and
172          (b) if the candidate has filed for a partisan office, provide a certified copy of the
173     candidate's pledge to the chair of the county or state political party of which the candidate is a
174     member.
175          (7) (a) Except for a candidate for president or vice president of the United States, the
176     form of the declaration of candidacy shall:
177          (i) be substantially as follows:
178          "State of Utah, County of ____
179               I, ______________, declare my candidacy for the office of ____, seeking the
180     nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
181     hold the office, both legally and constitutionally, if selected; I reside at _____________ in the
182     City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any
183     law governing campaigns and elections; if filing via a designated agent, I will be out of the
184     state of Utah during the entire candidate filing period; I will file all campaign financial
185     disclosure reports as required by law; and I understand that failure to do so will result in my
186     disqualification as a candidate for this office and removal of my name from the ballot. The
187     mailing address that I designate for receiving official election notices is
188     ___________________________.
189     ____________________________________________________________________
190          Subscribed and sworn before me this __________(month\day\year).
191     
Notary Public (or other officer qualified to administer oath)."; and

192          (ii) require the candidate to state, in the sworn statement described in Subsection
193     (7)(a)(i):
194          (A) the registered political party of which the candidate is a member; or
195          (B) that the candidate is not a member of a registered political party.
196          (b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
197     candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
198          (8) (a) Except for a candidate for president or vice president of the United States, the
199     fee for filing a declaration of candidacy is:
200          (i) $50 for candidates for the local school district board; and
201          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
202     person holding the office for all other federal, state, and county offices.
203          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
204     any candidate:
205          (i) who is disqualified; or
206          (ii) who the filing officer determines has filed improperly.
207          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
208     from candidates.
209          (ii) The lieutenant governor shall:
210          (A) apportion to and pay to the county treasurers of the various counties all fees
211     received for filing of nomination certificates or acceptances; and
212          (B) ensure that each county receives that proportion of the total amount paid to the
213     lieutenant governor from the congressional district that the total vote of that county for all
214     candidates for representative in Congress bears to the total vote of all counties within the
215     congressional district for all candidates for representative in Congress.
216          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
217     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
218     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
219     a financial statement filed at the time the affidavit is submitted.
220          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
221          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
222     statement filed under this section shall be subject to the criminal penalties provided under
223     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
224          (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
225     considered an offense under this title for the purposes of assessing the penalties provided in
226     Subsection 20A-1-609(2).
227          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
228     substantially the following form:
229          "Affidavit of Impecuniosity
230     Individual Name
231     ____________________________Address_____________________________
232     Phone Number _________________
233     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
234     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
235     law.
236     Date ______________ Signature________________________________________________
237     Affiant
238     Subscribed and sworn to before me on ___________ (month\day\year)
239     
______________________

240     
(signature)

241          Name and Title of Officer Authorized to Administer Oath
______________________".

242          (v) The filing officer shall provide to a person who requests an affidavit of
243     impecuniosity a statement printed in substantially the following form, which may be included
244     on the affidavit of impecuniosity:
245          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
246     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
247     penalties, will be removed from the ballot."
248          (vi) The filing officer may request that a person who makes a claim of impecuniosity
249     under this Subsection (8)(d) file a financial statement on a form prepared by the election
250     official.
251          (9) An individual who fails to file a declaration of candidacy or certificate of
252     nomination within the time provided in this chapter is ineligible for nomination to office.
253          (10) A declaration of candidacy filed under this section may not be amended or
254     modified after the final date established for filing a declaration of candidacy.
255          Section 2. Section 20A-11-101 is amended to read:
256          20A-11-101. Definitions.
257          As used in this chapter:
258          (1) (a) "Address" means the number and street where an individual resides or where a
259     reporting entity has its principal office.
260          (b) "Address" does not include a post office box.
261          (2) "Agent of a reporting entity" means:
262          (a) a person acting on behalf of a reporting entity at the direction of the reporting
263     entity;
264          (b) a person employed by a reporting entity in the reporting entity's capacity as a
265     reporting entity;
266          (c) the personal campaign committee of a candidate or officeholder;
267          (d) a member of the personal campaign committee of a candidate or officeholder in the
268     member's capacity as a member of the personal campaign committee of the candidate or
269     officeholder; or
270          (e) a political consultant of a reporting entity.
271          (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
272     amendments, and any other ballot propositions submitted to the voters that are authorized by
273     the Utah Code Annotated 1953.
274          (4) "Candidate" means any person who:
275          (a) files a declaration of candidacy for a public office; or
276          (b) receives contributions, makes expenditures, or gives consent for any other person to
277     receive contributions or make expenditures to bring about the person's nomination or election
278     to a public office.
279          (5) "Chief election officer" means:
280          (a) the lieutenant governor for state office candidates, legislative office candidates,
281     officeholders, political parties, political action committees, corporations, political issues
282     committees, state school board candidates, judges, and labor organizations, as defined in
283     Section 20A-11-1501; and
284          (b) the county clerk for local school board candidates.
285          (6) (a) "Contribution" means any of the following when done for political purposes:
286          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
287     value given to the filing entity;
288          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
289     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
290     anything of value to the filing entity;
291          (iii) any transfer of funds from another reporting entity to the filing entity;
292          (iv) compensation paid by any person or reporting entity other than the filing entity for
293     personal services provided without charge to the filing entity;
294          (v) remuneration from:
295          (A) any organization or its directly affiliated organization that has a registered lobbyist;
296     or
297          (B) any agency or subdivision of the state, including school districts;
298          (vi) a loan made by a candidate deposited to the candidate's own campaign; and
299          (vii) in-kind contributions.
300          (b) "Contribution" does not include:
301          (i) services provided by individuals volunteering a portion or all of their time on behalf
302     of the filing entity if the services are provided without compensation by the filing entity or any
303     other person;
304          (ii) money lent to the filing entity by a financial institution in the ordinary course of
305     business; or
306          (iii) goods or services provided for the benefit of a political entity at less than fair
307     market value that are not authorized by or coordinated with the political entity.
308          (7) "Coordinated with" means that goods or services provided for the benefit of a
309     political entity are provided:
310          (a) with the political entity's prior knowledge, if the political entity does not object;
311          (b) by agreement with the political entity;
312          (c) in coordination with the political entity; or
313          (d) using official logos, slogans, and similar elements belonging to a political entity.
314          (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
315     organization that is registered as a corporation or is authorized to do business in a state and
316     makes any expenditure from corporate funds for:
317          (i) the purpose of expressly advocating for political purposes; or
318          (ii) the purpose of expressly advocating the approval or the defeat of any ballot
319     proposition.
320          (b) "Corporation" does not mean:
321          (i) a business organization's political action committee or political issues committee; or
322          (ii) a business entity organized as a partnership or a sole proprietorship.
323          (9) "County political party" means, for each registered political party, all of the persons
324     within a single county who, under definitions established by the political party, are members of
325     the registered political party.
326          (10) "County political party officer" means a person whose name is required to be
327     submitted by a county political party to the lieutenant governor in accordance with Section
328     20A-8-402.
329          (11) "Detailed listing" means:
330          (a) for each contribution or public service assistance:
331          (i) the name and address of the individual or source making the contribution or public
332     service assistance, except to the extent that the name or address of the individual or source is
333     unknown;
334          (ii) the amount or value of the contribution or public service assistance; and
335          (iii) the date the contribution or public service assistance was made; and
336          (b) for each expenditure:
337          (i) the amount of the expenditure;
338          [(ii) the person or entity to whom it was disbursed;]
339          [(iii)] (ii) the [specific purpose, item, or service] goods or services acquired by the
340     expenditure; and
341          [(iv)] (iii) the date the expenditure was made.
342          (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
343     for membership in the corporation, to a corporation without receiving full and adequate
344     consideration for the money.
345          (b) "Donor" does not include a person that signs a statement that the corporation may
346     not use the money for an expenditure or political issues expenditure.
347          (13) "Election" means each:
348          (a) regular general election;
349          (b) regular primary election; and
350          (c) special election at which candidates are eliminated and selected.
351          (14) "Electioneering communication" means a communication that:
352          (a) has at least a value of $10,000;
353          (b) clearly identifies a candidate or judge; and
354          (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
355     facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
356     identified candidate's or judge's election date.
357          (15) (a) "Expenditure" means any of the following made by a reporting entity or an
358     agent of a reporting entity on behalf of the reporting entity:
359          (i) any disbursement from contributions, receipts, or from the separate bank account
360     required by this chapter;
361          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
362     or anything of value made for political purposes;
363          (iii) an express, legally enforceable contract, promise, or agreement to make any
364     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
365     value for political purposes;
366          (iv) compensation paid by a filing entity for personal services rendered by a person
367     without charge to a reporting entity;
368          (v) a transfer of funds between the filing entity and a candidate's personal campaign
369     committee; [or]
370          (vi) goods or services provided by the filing entity to or for the benefit of another
371     reporting entity for political purposes at less than fair market value[.]; or
372          (vii) an independent expenditure, as defined in Section 20A-11-1702.
373          (b) "Expenditure" does not include:
374          (i) services provided without compensation by individuals volunteering a portion or all
375     of their time on behalf of a reporting entity;
376          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
377     business; or
378          (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
379     candidates for office or officeholders in states other than Utah.
380          (16) "Federal office" means the office of president of the United States, United States
381     Senator, or United States Representative.
382          (17) "Filing entity" means the reporting entity that is required to file a financial
383     statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
384          (18) "Financial statement" includes any summary report, interim report, verified
385     financial statement, or other statement disclosing contributions, expenditures, receipts,
386     donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
387     Retention Elections.
388          (19) "Governing board" means the individual or group of individuals that determine the
389     candidates and committees that will receive expenditures from a political action committee,
390     political party, or corporation.
391          (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
392     Incorporation, by which a geographical area becomes legally recognized as a city, town, or
393     metro township.
394          (21) "Incorporation election" means the election conducted under Section 10-2a-210 or
395     10-2a-404.
396          (22) "Incorporation petition" means a petition described in Section 10-2a-208.
397          (23) "Individual" means a natural person.
398          (24) "In-kind contribution" means anything of value, other than money, that is accepted
399     by or coordinated with a filing entity.
400          (25) "Interim report" means a report identifying the contributions received and
401     expenditures made since the last report.
402          (26) "Legislative office" means the office of state senator, state representative, speaker
403     of the House of Representatives, president of the Senate, and the leader, whip, and assistant
404     whip of any party caucus in either house of the Legislature.
405          (27) "Legislative office candidate" means a person who:
406          (a) files a declaration of candidacy for the office of state senator or state representative;
407          (b) declares oneself to be a candidate for, or actively campaigns for, the position of
408     speaker of the House of Representatives, president of the Senate, or the leader, whip, and
409     assistant whip of any party caucus in either house of the Legislature; or
410          (c) receives contributions, makes expenditures, or gives consent for any other person to
411     receive contributions or make expenditures to bring about the person's nomination, election, or
412     appointment to a legislative office.
413          (28) "Loan" means any of the following provided by a person that benefits a filing
414     entity if the person expects repayment or reimbursement:
415          (a) an expenditure made using any form of payment;
416          (b) money or funds received by the filing entity;
417          (c) the provision of a good or service with an agreement or understanding that payment
418     or reimbursement will be delayed; or
419          (d) use of any line of credit.
420          (29) "Major political party" means either of the two registered political parties that
421     have the greatest number of members elected to the two houses of the Legislature.
422          (30) "Officeholder" means a person who holds a public office.
423          (31) "Party committee" means any committee organized by or authorized by the
424     governing board of a registered political party.
425          (32) "Person" means both natural and legal persons, including individuals, business
426     organizations, personal campaign committees, party committees, political action committees,
427     political issues committees, and labor organizations, as defined in Section 20A-11-1501.
428          (33) "Personal campaign committee" means the committee appointed by a candidate to
429     act for the candidate as provided in this chapter.
430          (34) "Personal use expenditure" has the same meaning as provided under Section
431     20A-11-104.
432          (35) (a) "Political action committee" means an entity, or any group of individuals or
433     entities within or outside this state, a major purpose of which is to:
434          (i) solicit or receive contributions from any other person, group, or entity for political
435     purposes; or
436          (ii) make expenditures to expressly advocate for any person to refrain from voting or to
437     vote for or against any candidate or person seeking election to a municipal or county office.
438          (b) "Political action committee" includes groups affiliated with a registered political
439     party but not authorized or organized by the governing board of the registered political party
440     that receive contributions or makes expenditures for political purposes.
441          (c) "Political action committee" does not mean:
442          (i) a party committee;
443          (ii) any entity that provides goods or services to a candidate or committee in the regular
444     course of its business at the same price that would be provided to the general public;
445          (iii) an individual;
446          (iv) individuals who are related and who make contributions from a joint checking
447     account;
448          (v) a corporation, except a corporation a major purpose of which is to act as a political
449     action committee; or
450          (vi) a personal campaign committee.
451          (36) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
452     by another person on behalf of and with the knowledge of the reporting entity, to provide
453     political advice to the reporting entity.
454          (b) "Political consultant" includes a circumstance described in Subsection (36)(a),
455     where the person:
456          (i) has already been paid, with money or other consideration;
457          (ii) expects to be paid in the future, with money or other consideration; or
458          (iii) understands that the person may, in the discretion of the reporting entity or another
459     person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
460     money or other consideration.
461          (37) "Political convention" means a county or state political convention held by a
462     registered political party to select candidates.
463          (38) "Political entity" means a candidate, a political party, a political action committee,
464     or a political issues committee.
465          (39) (a) "Political issues committee" means an entity, or any group of individuals or
466     entities within or outside this state, a major purpose of which is to:
467          (i) solicit or receive donations from any other person, group, or entity to assist in
468     placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
469     to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
470          (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
471     ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
472     proposed ballot proposition or an incorporation in an incorporation election; or
473          (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
474     ballot or to assist in keeping a ballot proposition off the ballot.
475          (b) "Political issues committee" does not mean:
476          (i) a registered political party or a party committee;
477          (ii) any entity that provides goods or services to an individual or committee in the
478     regular course of its business at the same price that would be provided to the general public;
479          (iii) an individual;
480          (iv) individuals who are related and who make contributions from a joint checking
481     account;
482          (v) a corporation, except a corporation a major purpose of which is to act as a political
483     issues committee; or
484          (vi) a group of individuals who:
485          (A) associate together for the purpose of challenging or supporting a single ballot
486     proposition, ordinance, or other governmental action by a county, city, town, local district,
487     special service district, or other local political subdivision of the state;
488          (B) have a common liberty, property, or financial interest that is directly impacted by
489     the ballot proposition, ordinance, or other governmental action;
490          (C) do not associate together, for the purpose described in Subsection (39)(b)(vi)(A),
491     via a legal entity;
492          (D) do not receive funds for challenging or supporting the ballot proposition,
493     ordinance, or other governmental action from a person other than an individual in the group;
494     and
495          (E) do not expend a total of more than $5,000 for the purpose described in Subsection
496     (39)(b)(vi)(A).
497          (40) (a) "Political issues contribution" means any of the following:
498          (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
499     anything of value given to a political issues committee;
500          (ii) an express, legally enforceable contract, promise, or agreement to make a political
501     issues donation to influence the approval or defeat of any ballot proposition;
502          (iii) any transfer of funds received by a political issues committee from a reporting
503     entity;
504          (iv) compensation paid by another reporting entity for personal services rendered
505     without charge to a political issues committee; and
506          (v) goods or services provided to or for the benefit of a political issues committee at
507     less than fair market value.
508          (b) "Political issues contribution" does not include:
509          (i) services provided without compensation by individuals volunteering a portion or all
510     of their time on behalf of a political issues committee; or
511          (ii) money lent to a political issues committee by a financial institution in the ordinary
512     course of business.
513          (41) (a) "Political issues expenditure" means any of the following when made by a
514     political issues committee or on behalf of a political issues committee by an agent of the
515     reporting entity:
516          (i) any payment from political issues contributions made for the purpose of influencing
517     the approval or the defeat of:
518          (A) a ballot proposition; or
519          (B) an incorporation petition or incorporation election;
520          (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
521     the express purpose of influencing the approval or the defeat of:
522          (A) a ballot proposition; or
523          (B) an incorporation petition or incorporation election;
524          (iii) an express, legally enforceable contract, promise, or agreement to make any
525     political issues expenditure;
526          (iv) compensation paid by a reporting entity for personal services rendered by a person
527     without charge to a political issues committee; or
528          (v) goods or services provided to or for the benefit of another reporting entity at less
529     than fair market value.
530          (b) "Political issues expenditure" does not include:
531          (i) services provided without compensation by individuals volunteering a portion or all
532     of their time on behalf of a political issues committee; or
533          (ii) money lent to a political issues committee by a financial institution in the ordinary
534     course of business.
535          (42) "Political purposes" means an act done with the intent or in a way to influence or
536     tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
537     against any:
538          (a) candidate or a person seeking a municipal or county office at any caucus, political
539     convention, or election; or
540          (b) judge standing for retention at any election.
541          (43) (a) "Poll" means the survey of a person regarding the person's opinion or
542     knowledge of an individual who has filed a declaration of candidacy for public office, or of a
543     ballot proposition that has legally qualified for placement on the ballot, which is conducted in
544     person or by telephone, facsimile, Internet, postal mail, or email.
545          (b) "Poll" does not include:
546          (i) a ballot; or
547          (ii) an interview of a focus group that is conducted, in person, by one individual, if:
548          (A) the focus group consists of more than three, and less than thirteen, individuals; and
549          (B) all individuals in the focus group are present during the interview.
550          (44) "Primary election" means any regular primary election held under the election
551     laws.
552          (45) "Publicly identified class of individuals" means a group of 50 or more individuals
553     sharing a common occupation, interest, or association that contribute to a political action
554     committee or political issues committee and whose names can be obtained by contacting the
555     political action committee or political issues committee upon whose financial statement the
556     individuals are listed.
557          (46) "Public office" means the office of governor, lieutenant governor, state auditor,
558     state treasurer, attorney general, state school board member, state senator, state representative,
559     speaker of the House of Representatives, president of the Senate, and the leader, whip, and
560     assistant whip of any party caucus in either house of the Legislature.
561          (47) (a) "Public service assistance" means the following when given or provided to an
562     officeholder to defray the costs of functioning in a public office or aid the officeholder to
563     communicate with the officeholder's constituents:
564          (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
565     money or anything of value to an officeholder; or
566          (ii) goods or services provided at less than fair market value to or for the benefit of the
567     officeholder.
568          (b) "Public service assistance" does not include:
569          (i) anything provided by the state;
570          (ii) services provided without compensation by individuals volunteering a portion or all
571     of their time on behalf of an officeholder;
572          (iii) money lent to an officeholder by a financial institution in the ordinary course of
573     business;
574          (iv) news coverage or any publication by the news media; or
575          (v) any article, story, or other coverage as part of any regular publication of any
576     organization unless substantially all the publication is devoted to information about the
577     officeholder.
578          (48) "Receipts" means contributions and public service assistance.
579          (49) "Registered lobbyist" means a person licensed under Title 36, Chapter 11,
580     Lobbyist Disclosure and Regulation Act.
581          (50) "Registered political action committee" means any political action committee that
582     is required by this chapter to file a statement of organization with the Office of the Lieutenant
583     Governor.
584          (51) "Registered political issues committee" means any political issues committee that
585     is required by this chapter to file a statement of organization with the Office of the Lieutenant
586     Governor.
587          (52) "Registered political party" means an organization of voters that:
588          (a) participated in the last regular general election and polled a total vote equal to 2%
589     or more of the total votes cast for all candidates for the United States House of Representatives
590     for any of its candidates for any office; or
591          (b) has complied with the petition and organizing procedures of Chapter 8, Political
592     Party Formation and Procedures.
593          (53) (a) "Remuneration" means a payment:
594          (i) made to a legislator for the period the Legislature is in session; and
595          (ii) that is approximately equivalent to an amount a legislator would have earned
596     during the period the Legislature is in session in the legislator's ordinary course of business.
597          (b) "Remuneration" does not mean anything of economic value given to a legislator by:
598          (i) the legislator's primary employer in the ordinary course of business; or
599          (ii) a person or entity in the ordinary course of business:
600          (A) because of the legislator's ownership interest in the entity; or
601          (B) for services rendered by the legislator on behalf of the person or entity.
602          (54) "Reporting entity" means a candidate, a candidate's personal campaign committee,
603     a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
604     action committee, a political issues committee, a corporation, or a labor organization, as
605     defined in Section 20A-11-1501.
606          (55) "School board office" means the office of state school board.
607          (56) (a) "Source" means the person or entity that is the legal owner of the tangible or
608     intangible asset that comprises the contribution.
609          (b) "Source" means, for political action committees and corporations, the political
610     action committee and the corporation as entities, not the contributors to the political action
611     committee or the owners or shareholders of the corporation.
612          (57) "State office" means the offices of governor, lieutenant governor, attorney general,
613     state auditor, and state treasurer.
614          (58) "State office candidate" means a person who:
615          (a) files a declaration of candidacy for a state office; or
616          (b) receives contributions, makes expenditures, or gives consent for any other person to
617     receive contributions or make expenditures to bring about the person's nomination, election, or
618     appointment to a state office.
619          (59) "Summary report" means the year end report containing the summary of a
620     reporting entity's contributions and expenditures.
621          (60) "Supervisory board" means the individual or group of individuals that allocate
622     expenditures from a political issues committee.
623          Section 3. Section 20A-11-101.3 is amended to read:
624          20A-11-101.3. Detailed listing and report requirements -- Rulemaking authority.
625          (1) As used in this section:
626          (a) "Advertising" includes:
627          (i) website development and maintenance;
628          (ii) social media;
629          (iii) television, newspaper, or radio; or
630          (iv) a convention booth.
631          (b) "Association expense" means a membership fee for:
632          (i) a political association; or
633          (ii) an association related to an activity of a candidate or an officeholder.
634          (c) "Campaign Expense" includes:
635          (i) district mapping;
636          (ii) voter data;
637          (iii) a phone bank;
638          (iv) fund-raising expenses;
639          (v) campaign assistance or consulting;
640          (vi) campaign technology;
641          (vii) campaign management;
642          (viii) campaign interns; or
643          (ix) food, and related expenses, purchased:
644          (A) for a campaign event; or
645          (B) for consumption by a candidate or campaign staff while conducting work relating
646     to a campaign.
647          (d) "Donations" includes giving to a charitable organization.
648          (e) "Loans" includes repaying loans.
649          (f) "Office expense" includes:
650          (i) an email server;
651          (ii) phones;
652          (iii) phone service;
653          (iv) computers;
654          (v) printers;
655          (vi) furniture;
656          (vii) tools and hardware; or
657          (viii) food, and related expenses, purchased for consumption during an officeholder
658     activity.
659          (g) "Political support" includes contributions made to other candidates or political
660     action committees.
661          (h) "Supplies" includes:
662          (i) signs;
663          (ii) sign holders;
664          (iii) parade supplies;
665          (iv) t-shirts;
666          (v) other campaign goods;
667          (vi) repair or replacement of clothing that is damaged while the candidate or
668     officeholder is engaged in an activity of a candidate or an officeholder;
669          (vii) printed materials; or
670          (viii) postage.
671          (i) "Travel expenses" includes:
672          (i) political conference registration;
673          (ii) airfare;
674          (iii) hotels;
675          (iv) food, and related expenses, purchased for consumption during travel;
676          (v) vehicle mileage reimbursement; or
677          (vi) incidental expenses while traveling.
678          (2) As it relates to an expenditure, a detailed listing includes identifying the
679     expenditure as falling within one of the following categories:
680          (a) advertising;
681          (b) association expense;
682          (c) campaign expense;
683          (d) constituent services;
684          (e) donations;
685          (f) loans;
686          (g) office;
687          (h) political support;
688          (i) return of a contribution;
689          (j) signature gathering;
690          (k) supplies;
691          (l) travel expenses; or
692          (m) other expenditures that do not fall within a category described in Subsections
693     (2)(a) through (l), followed by a description of the expenditure.
694          (3) The director of elections, within the Lieutenant Governor's Office, may make rules,
695     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in relation to
696     the form, type, and level of detail required in a detailed listing or a financial disclosure form.
697          Section 4. Section 20A-11-104 is amended to read:
698          20A-11-104. Personal use expenditure -- Authorized and prohibited uses of
699     campaign funds -- Enforcement -- Penalties.
700          (1) (a) As used in this chapter, "personal use expenditure" means an expenditure that:
701          (i) (A) is not excluded from the definition of personal use expenditure by Subsection
702     (2); and
703          (B) primarily furthers a personal interest of a candidate or officeholder or a candidate's
704     or officeholder's family, which interest is not connected with the performance of an activity as
705     a candidate or an activity or duty of an officeholder; or
706          (ii) would likely cause the candidate or officeholder to recognize the expenditure as
707     taxable income under federal or state law.
708          (b) "Personal use expenditure" includes:
709          (i) a mortgage, rent, utility, or vehicle payment;
710          (ii) a household food item or supply;
711          [(iii) clothing, except for clothing:]
712          (iii) a clothing expense, except:
713          (A) clothing bearing the candidate's name or campaign slogan or logo[; and (B)] that is
714     used in the candidate's campaign; or
715          (B) repair or replacement of clothing that is damaged while the candidate or
716     officeholder is engaged in an activity of a candidate or officeholder;
717          (iv) an admission to a sporting, artistic, or recreational event or other form of
718     entertainment;
719          (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
720          (vi) a salary payment made to:
721          (A) a candidate or officeholder; or
722          (B) a person who has not provided a bona fide service to a candidate or officeholder;
723          (vii) a vacation;
724          (viii) a vehicle expense;
725          (ix) a meal expense;
726          (x) a travel expense;
727          (xi) a payment of an administrative, civil, or criminal penalty;
728          (xii) a satisfaction of a personal debt;
729          (xiii) a personal service, including the service of an attorney, accountant, physician, or
730     other professional person;
731          (xiv) a membership fee for a professional or service organization; and
732          (xv) a payment in excess of the fair market value of the item or service purchased.
733          (2) As used in this chapter, "personal use expenditure" does not [mean] include an
734     expenditure made:
735          (a) for a political purpose;
736          (b) for candidacy for public office;
737          (c) to fulfill a duty or activity of an officeholder;
738          (d) for a donation to a registered political party;
739          (e) for a contribution to another candidate's campaign account, including sponsorship
740     of or attendance at an event, the primary purpose of which is to solicit a contribution for
741     another candidate's campaign account;
742          (f) to return all or a portion of a contribution to a contributor;
743          (g) for the following items, if made in connection with the candidacy for public office
744     or an activity or duty of an officeholder:
745          (i) (A) a mileage allowance at the rate established by the Division of Finance under
746     Section 63A-3-107; or
747          (B) for motor fuel or special fuel, as defined in Section 59-13-102;
748          [(ii) a meal expense;]
749          [(iii) a travel expense, including an expense incurred for airfare or a rental vehicle;]
750          (ii) a food expense, including food or beverages:
751          (A) served at a campaign event;
752          (B) served at a charitable event;
753          (C) consumed, or provided to others, by a candidate while the candidate is engaged in
754     campaigning;
755          (D) consumed, or provided to others, by an officeholder while the officeholder is acting
756     in the capacity of an officeholder; or
757          (E) provided as a gift to an individual who works on a candidate's campaign or who
758     assists an officeholder in the officeholder's capacity as an officeholder;
759          (iii) a travel expense of a candidate, if the primary purpose of the travel is related to the
760     candidate's campaign, including airfare, car rental, other transportation, hotel, or other expenses
761     incidental to the travel;
762          (iv) a travel expense of an individual assisting a candidate, if the primary purpose of
763     the travel by the individual is to assist the candidate with the candidate's campaign, including
764     an expense described in Subsection (2)(g)(iii);
765          (v) a travel expense of an officeholder, if the primary purpose of the travel is related to
766     an activity or duty of the officeholder, including an expense described in Subsection (2)(g)(iii);
767          (vi) a travel expense of an individual assisting an officeholder, if the primary purpose
768     of the travel by the individual is to assist the officeholder in an activity or duty of an
769     officeholder, including an expense described in Subsection (2)(g)(iii);
770          [(iv)] (vii) a payment for a service provided by an attorney or accountant;
771          [(v)] (viii) a tuition payment or registration fee for participation in a meeting or
772     conference;
773          [(vi)] (ix) a gift;
774          [(vii)] (x) a payment for the following items in connection with an office space:
775          (A) rent;
776          (B) utilities;
777          (C) a supply; or
778          (D) furnishing;
779          [(viii)] (xi) a booth at a meeting or event; [or]
780          [(ix)] (xii) educational material; or
781          (xiii) an item purchased for a purpose related to a campaign or to an activity or duty of
782     an officeholder;
783          (h) to purchase or mail informational material, a survey, or a greeting card;
784          (i) for a donation to a charitable organization, as defined by Section 13-22-2, including
785     admission to or sponsorship of an event, the primary purpose of which is charitable solicitation,
786     as defined in Section 13-22-2;
787          (j) to repay a loan a candidate makes from the candidate's personal account to the
788     candidate's campaign account;
789          (k) to pay membership dues to a national organization whose primary purpose is to
790     address general public policy;
791          (l) for admission to or sponsorship of an event, the primary purpose of which is to
792     promote the social, educational, or economic well-being of the state or the candidate's or
793     officeholder's community;
794          (m) for one or more guests of an officeholder or candidate to attend an event, meeting,
795     or conference described in this Subsection (2), including related travel expenses and other
796     expenses, if attendance by the guest is for a primary purpose described in Subsection (2)(g)(iv)
797     or (vi); or
798          (n) to pay childcare expenses of:
799          (i) a candidate while the candidate is engaging in campaign activity; or
800          (ii) an officeholder while the officeholder is engaging in the duties of an officeholder.
801          (3) (a) The lieutenant governor shall enforce this chapter prohibiting a personal use
802     expenditure by:
803          (i) evaluating a financial statement to identify a personal use expenditure; and
804          (ii) commencing an informal adjudicative proceeding in accordance with Title 63G,
805     Chapter 4, Administrative Procedures Act, if the lieutenant governor has probable cause to
806     believe a candidate or officeholder has made a personal use expenditure.
807          (b) Following the proceeding, the lieutenant governor may issue a signed order
808     requiring a candidate or officeholder who has made a personal use expenditure to:
809          (i) remit an administrative penalty of an amount equal to 50% of the personal use
810     expenditure to the lieutenant governor; and
811          (ii) deposit the amount of the personal use expenditure in the campaign account from
812     which the personal use expenditure was disbursed.
813          (c) The lieutenant governor shall deposit money received under Subsection (3)(b)(i) in
814     the General Fund.
815          Section 5. Section 20A-11-201 is amended to read:
816          20A-11-201. State office -- Separate bank account for campaign funds -- No
817     personal use -- State office candidate reporting deadline -- Report other accounts --
818     Anonymous contributions.
819          (1) (a) Each state office candidate or the candidate's personal campaign committee
820     shall deposit each contribution received in one or more separate campaign accounts in a
821     financial institution.
822          (b) A state office candidate or a candidate's personal campaign committee may not use
823     money deposited in a campaign account for:
824          (i) a personal use expenditure; or
825          (ii) an expenditure prohibited by law.
826          (c) Each state officeholder or the state officeholder's personal campaign committee
827     shall deposit each contribution and public service assistance received in one or more separate
828     campaign accounts in a financial institution.
829          (d) A state officeholder or a state officeholder's personal campaign committee may not
830     use money deposited in a campaign account for:
831          (i) a personal use expenditure; or
832          (ii) an expenditure prohibited by law.
833          (2) (a) A state office candidate or the candidate's personal campaign committee may
834     not deposit or mingle any contributions received into a personal or business account.
835          (b) A state officeholder or the state officeholder's personal campaign committee may
836     not deposit or mingle any contributions or public service assistance received into a personal or
837     business account.
838          (3) If a person who is no longer a state office candidate chooses not to expend the
839     money remaining in a campaign account, the person shall continue to file the year-end
840     summary report required by Section 20A-11-203 until the statement of dissolution and final
841     summary report required by Section 20A-11-205 are filed with the lieutenant governor.
842          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
843     is no longer a state office candidate may not expend or transfer the money in a campaign
844     account in a manner that would cause the former state office candidate to recognize the money
845     as taxable income under federal tax law.
846          (b) A person who is no longer a state office candidate may transfer the money in a
847     campaign account in a manner that would cause the former state office candidate to recognize
848     the money as taxable income under federal tax law if the transfer is made to a campaign
849     account for federal office.
850          (5) (a) As used in this Subsection (5) [and Section 20A-11-204, "received" means:],
851     "received means the same as that term is defined in Subsection 20A-11-204(1)(b).
852          [(i) for a cash contribution, that the cash is given to a state office candidate or a
853     member of the candidate's personal campaign committee;]
854          [(ii) for a contribution that is a negotiable instrument or check, that the negotiable
855     instrument or check is negotiated; and]
856          [(iii) for any other type of contribution, that any portion of the contribution's benefit
857     inures to the state office candidate.]
858          (b) Each state office candidate shall report to the lieutenant governor each contribution
859     received by the state office candidate:
860          (i) except as provided in Subsection (5)(b)(ii), within 31 days after the day on which
861     the contribution is received; or
862          (ii) within [three] seven business days after the day on which the contribution is
863     received, if:
864          (A) the state office candidate is contested in a convention and the contribution is
865     received within 30 days before the day on which the convention is held;
866          (B) the state office candidate is contested in a primary election and the contribution is
867     received within 30 days before the day on which the primary election is held; or
868          (C) the state office candidate is contested in a general election and the contribution is
869     received within 30 days before the day on which the general election is held.
870          (c) Except as provided in Subsection (5)(d), for each contribution that a state office
871     candidate fails to report within the time period described in Subsection (5)(b), the lieutenant
872     governor shall impose a fine against the state office candidate in an amount equal to:
873          (i) 10% of the amount of the contribution, if the state office candidate reports the
874     contribution within 60 days after the day on which the time period described in Subsection
875     (5)(b) ends; or
876          (ii) 20% of the amount of the contribution, if the state office candidate fails to report
877     the contribution within 60 days after the day on which the time period described in Subsection
878     (5)(b) ends.
879          (d) The lieutenant governor may waive the fine described in Subsection (5)(c) and
880     issue a warning to the state office candidate if:
881          (i) the contribution that the state office candidate fails to report is paid by the state
882     office candidate from the state office candidate's personal funds;
883          (ii) the state office candidate has not previously violated Subsection (5)(c) in relation to
884     a contribution paid by the state office candidate from the state office candidate's personal
885     funds; and
886          (iii) the lieutenant governor determines that the failure to timely report the contribution
887     is due to the state office candidate not understanding that the reporting requirement includes a
888     contribution paid by a state office candidate from the state office candidate's personal funds.
889          (e) The lieutenant governor shall:
890          (i) deposit money received under Subsection (5)(c) into the General Fund; and
891          (ii) report on the lieutenant governor's website, in the location where reports relating to
892     each state office candidate are available for public access:
893          (A) each fine imposed by the lieutenant governor against the state office candidate;
894          (B) the amount of the fine;
895          (C) the amount of the contribution to which the fine relates; and
896          (D) the date of the contribution.
897          (6) (a) As used in this Subsection (6), "account" means an account in a financial
898     institution:
899          (i) that is not described in Subsection (1)(a); and
900          (ii) into which or from which a person who, as a candidate for an office, other than the
901     state office for which the person files a declaration of candidacy or federal office, or as a holder
902     of an office, other than a state office for which the person files a declaration of candidacy or
903     federal office, deposits a contribution or makes an expenditure.
904          (b) A state office candidate shall include on any financial statement filed in accordance
905     with this part:
906          (i) a contribution deposited in an account:
907          (A) since the last campaign finance statement was filed; or
908          (B) that has not been reported under a statute or ordinance that governs the account; or
909          (ii) an expenditure made from an account:
910          (A) since the last campaign finance statement was filed; or
911          (B) that has not been reported under a statute or ordinance that governs the account.
912          (7) Within 31 days after receiving a contribution that is cash or a negotiable
913     instrument, exceeds $50, and is from an unknown source, a state office candidate shall disburse
914     the amount of the contribution to[: (a) the treasurer of the state or a political subdivision for
915     deposit into the state's or political subdivision's general fund; or (b)] an organization that is
916     exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.
917          Section 6. Section 20A-11-204 is amended to read:
918          20A-11-204. State office candidate and state officeholder -- Financial reporting
919     requirements -- Interim reports.
920          (1) As used in this section:
921          (a) "Campaign account" means a separate campaign account required under Subsection
922     20A-11-201(1)(a) or (c).
923          (b) "Received" means:
924          (i) for a cash contribution, that the cash is given to a state office candidate or a member
925     of the state office candidate's personal campaign committee;
926          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
927     instrument or check is negotiated;
928          (iii) for a direct deposit made into a campaign account by a person not associated with
929     the campaign, the earlier of:
930          (A) the day on which the state office candidate or a member of the state office
931     candidate's personal campaign committee becomes aware of the deposit and the source of the
932     deposit;
933          (B) the day on which the state office candidate or a member of the state office
934     candidate's personal campaign committee receives notice of the deposit and the source of the
935     deposit by mail, email, text, or similar means; or
936          (C) thirty-one days after the day on which the direct deposit occurs; or
937          (iv) for any other type of contribution, that any portion of the contribution's benefit
938     inures to the state office candidate.
939          [(1)] (2) Except as provided in Subsection [(2)] (3), each state office candidate shall
940     file an interim report at the following times in any year in which the candidate has filed a
941     declaration of candidacy for a public office:
942          (a) (i) seven days before the candidate's political convention; or
943          (ii) for an unaffiliated candidate, the fourth Saturday in March;
944          (b) seven days before the regular primary election date;
945          (c) September 30; and
946          (d) seven days before the regular general election date.
947          [(2)] (3) If a state office candidate is a state office candidate seeking appointment for a
948     midterm vacancy, the state office candidate:
949          (a) shall file an interim report:
950          (i) (A) no later than seven days before the day on which the political party of the party
951     for which the state office candidate seeks nomination meets to declare a nominee for the
952     governor to appoint in accordance with Section 20A-1-504; and
953          (B) two days before the day on which the political party of the party for which the state
954     office candidate seeks nomination meets to declare a nominee for the governor to appoint in
955     accordance with Subsection 20A-1-504(1)(b)(i); or
956          (ii) if a state office candidate decides to seek the appointment with less than seven days
957     before the party meets, or the political party schedules the meeting to declare a nominee less
958     than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
959     before the day on which the party meets; and
960          (b) is not required to file an interim report at the times described in Subsection (1).
961          [(3) (a) As used in this Subsection (3), "campaign account" means a separate campaign
962     account required under Subsection 20A-11-201(1)(a) or (c).]
963          [(b) Each state officeholder who has a campaign account that has not been dissolved
964     under Section 20A-11-205 shall, in an even year, file an interim report at the following times,
965     regardless of whether an election for the state officeholder's office is held that year:]
966          [(i) (A) seven days before the political convention for the political party of the state
967     officeholder; or]
968          [(B) for an unaffiliated state officeholder, the fourth Saturday in March;]
969          [(ii) seven days before the regular primary election date;]
970          [(iii) September 30; and]
971          [(iv) seven days before the regular general election date.]
972          (4) Each interim report shall include the following information:
973          (a) the net balance of the last summary report, if any;
974          (b) a single figure equal to the total amount of receipts reported on all prior interim
975     reports, if any, during the calendar year in which the interim report is due;
976          (c) a single figure equal to the total amount of expenditures reported on all prior
977     interim reports, if any, filed during the calendar year in which the interim report is due;
978          (d) a detailed listing of:
979          (i) for a state office candidate, each contribution received since the last summary report
980     that has not been reported in detail on a prior interim report; or
981          (ii) for a state officeholder, each contribution and public service assistance received
982     since the last summary report that has not been reported in detail on a prior interim report;
983          (e) for each nonmonetary contribution:
984          (i) the fair market value of the contribution with that information provided by the
985     contributor; and
986          (ii) a specific description of the contribution;
987          (f) a detailed listing of each expenditure made since the last summary report that has
988     not been reported in detail on a prior interim report;
989          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
990          (h) a net balance for the year consisting of the net balance from the last summary
991     report, if any, plus all receipts since the last summary report minus all expenditures since the
992     last summary report;
993          (i) a summary page in the form required by the lieutenant governor that identifies:
994          (i) beginning balance;
995          (ii) total contributions and public service assistance received during the period since
996     the last statement;
997          (iii) total contributions and public service assistance received to date;
998          (iv) total expenditures during the period since the last statement; and
999          (v) total expenditures to date; and
1000          (j) the name of a political action committee for which the state office candidate or state
1001     officeholder is designated as an officer who has primary decision-making authority under
1002     Section 20A-11-601.
1003          (5) (a) In preparing each interim report, all receipts and expenditures shall be reported
1004     as of five days before the required filing date of the report.
1005          (b) Any negotiable instrument or check received by a state office candidate or state
1006     officeholder more than five days before the required filing date of a report required by this
1007     section shall be included in the interim report.
1008          Section 7. Section 20A-11-206 is amended to read:
1009          20A-11-206. State office candidate -- Failure to file reports -- Penalties.
1010          (1) A state office candidate who fails to file a financial statement before the deadline is
1011     subject to a fine imposed in accordance with Section 20A-11-1005.
1012          (2) If a state office candidate fails to file an interim report described in Subsections
1013     20A-11-204[(1)](2)(b) through (d), the lieutenant governor may send an electronic notice to the
1014     state office candidate and the political party of which the state office candidate is a member, if
1015     any, that states:
1016          (a) that the state office candidate failed to timely file the report; and
1017          (b) that, if the state office candidate fails to file the report within 24 hours after the
1018     deadline for filing the report, the state office candidate will be disqualified and the political
1019     party will not be permitted to replace the candidate.
1020          (3) (a) The lieutenant governor shall disqualify a state office candidate and inform the
1021     county clerk and other appropriate election officials that the state office candidate is
1022     disqualified if the state office candidate fails to file an interim report described in Subsections
1023     20A-11-204[(1)](2)(b) through (d) within 24 hours after the deadline for filing the report.
1024          (b) The political party of a state office candidate who is disqualified under Subsection
1025     (3)(a) may not replace the state office candidate.
1026          (4) (a) If a state office candidate is disqualified under Subsection (3)(a), the election
1027     official shall:
1028          (i) remove the state office candidate's name from the ballot; or
1029          (ii) if removing the state office candidate's name from the ballot is not practicable,
1030     inform the voters by any practicable method that the state office candidate has been
1031     disqualified and that votes cast for the state office candidate will not be counted.
1032          (b) An election official may fulfill the requirement described in Subsection (4)(a) in
1033     relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
1034     written notice directing the voter to a public website that will inform the voter whether a
1035     candidate on the ballot is disqualified.
1036          (5) A state office candidate is not disqualified if:
1037          (a) the state office candidate timely files the reports described in Subsections
1038     20A-11-204[(1)](2)(b) through (d) no later than 24 hours after the applicable deadlines for
1039     filing the reports;
1040          (b) the reports are completed, detailing accurately and completely the information
1041     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1042     and
1043          (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
1044     an amended report or the next scheduled report.
1045          (6) (a) Within 60 days after a deadline for the filing of a summary report, the lieutenant
1046     governor shall review each filed summary report to ensure that:
1047          (i) each state office candidate that is required to file a summary report has filed one;
1048     and
1049          (ii) each summary report contains the information required by this part.
1050          (b) If it appears that any state office candidate has failed to file the summary report
1051     required by law, if it appears that a filed summary report does not conform to the law, or if the
1052     lieutenant governor has received a written complaint alleging a violation of the law or the
1053     falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1054     violation or receipt of a written complaint, notify the state office candidate of the violation or
1055     written complaint and direct the state office candidate to file a summary report correcting the
1056     problem.
1057          (c) (i) It is unlawful for a state office candidate to fail to file or amend a summary
1058     report within seven days after receiving notice from the lieutenant governor described in this
1059     Subsection (6).
1060          (ii) Each state office candidate who violates Subsection (6)(c)(i) is guilty of a class B
1061     misdemeanor.
1062          (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
1063     attorney general.
1064          (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
1065     governor shall impose a civil fine of $100 against a state office candidate who violates
1066     Subsection (6)(c)(i).
1067          Section 8. Section 20A-11-301 is amended to read:
1068          20A-11-301. Legislative office -- Campaign finance requirements -- Candidate as
1069     a political action committee officer -- No personal use -- Contribution reporting deadline
1070     -- Report other accounts -- Anonymous contributions.
1071          (1) (a) (i) Each legislative office candidate shall deposit each contribution received in
1072     one or more separate accounts in a financial institution that are dedicated only to that purpose.
1073          (ii) A legislative office candidate may:
1074          (A) receive a contribution from a political action committee registered under Section
1075     20A-11-601; and
1076          (B) be designated by a political action committee as an officer who has primary
1077     decision-making authority as described in Section 20A-11-601.
1078          (b) A legislative office candidate or the candidate's personal campaign committee may
1079     not use money deposited in an account described in Subsection (1)(a)(i) for:
1080          (i) a personal use expenditure; or
1081          (ii) an expenditure prohibited by law.
1082          (c) (i) Each legislative officeholder shall deposit each contribution and public service
1083     assistance received in one or more separate accounts in a financial institution that are dedicated
1084     only to that purpose.
1085          (ii) A legislative officeholder may:
1086          (A) receive a contribution or public service assistance from a political action
1087     committee registered under Section 20A-11-601; and
1088          (B) be designated by a political action committee as an officer who has primary
1089     decision-making authority as described in Section 20A-11-601.
1090          (d) A legislative officeholder or the legislative officeholder's personal campaign
1091     committee may not use money deposited in an account described in Subsection (1)(c)(i) for:
1092          (i) a personal use expenditure; or
1093          (ii) an expenditure prohibited by law.
1094          (2) (a) A legislative office candidate may not deposit or mingle any contributions
1095     received into a personal or business account.
1096          (b) A legislative officeholder may not deposit or mingle any contributions or public
1097     service assistance received into a personal or business account.
1098          (3) If a person who is no longer a legislative candidate chooses not to expend the
1099     money remaining in a campaign account, the person shall continue to file the year-end
1100     summary report required by Section 20A-11-302 until the statement of dissolution and final
1101     summary report required by Section 20A-11-304 are filed with the lieutenant governor.
1102          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
1103     is no longer a legislative office candidate may not expend or transfer the money in a campaign
1104     account in a manner that would cause the former legislative office candidate to recognize the
1105     money as taxable income under federal tax law.
1106          (b) A person who is no longer a legislative office candidate may transfer the money in
1107     a campaign account in a manner that would cause the former legislative office candidate to
1108     recognize the money as taxable income under federal tax law if the transfer is made to a
1109     campaign account for federal office.
1110          (5) (a) As used in this Subsection (5), [and Section 20A-11-303, "received" means:],
1111     "received" means the same as that term is defined in Subsection 20A-11-303(1)(b).
1112          [(i) for a cash contribution, that the cash is given to a legislative office candidate or a
1113     member of the candidate's personal campaign committee;]
1114          [(ii) for a contribution that is a negotiable instrument or check, that the negotiable
1115     instrument or check is negotiated; and]
1116          [(iii) for any other type of contribution, that any portion of the contribution's benefit
1117     inures to the legislative office candidate.]
1118          (b) Each legislative office candidate shall report to the lieutenant governor each
1119     contribution received by the legislative office candidate:
1120          (i) except as provided in Subsection (5)(b)(ii), within 31 days after the day on which
1121     the contribution is received; or
1122          (ii) within [three] seven business days after the day on which the contribution is
1123     received, if:
1124          (A) the legislative office candidate is contested in a convention and the contribution is
1125     received within 30 days before the day on which the convention is held;
1126          (B) the legislative office candidate is contested in a primary election and the
1127     contribution is received within 30 days before the day on which the primary election is held; or
1128          (C) the legislative office candidate is contested in a general election and the
1129     contribution is received within 30 days before the day on which the general election is held.
1130          (c) Except as provided in Subsection (5)(d), for each contribution that a legislative
1131     office candidate fails to report within the time period described in Subsection (5)(b), the
1132     lieutenant governor shall impose a fine against the legislative office candidate in an amount
1133     equal to:
1134          (i) 10% of the amount of the contribution, if the legislative office candidate reports the
1135     contribution within 60 days after the day on which the time period described in Subsection
1136     (5)(b) ends; or
1137          (ii) 20% of the amount of the contribution, if the legislative office candidate fails to
1138     report the contribution within 60 days after the day on which the time period described in
1139     Subsection (5)(b) ends.
1140          (d) The lieutenant governor may waive the fine described in Subsection (5)(c) and
1141     issue a warning to the legislative office candidate if:
1142          (i) the contribution that the legislative office candidate fails to report is paid by the
1143     legislative office candidate from the legislative office candidate's personal funds;
1144          (ii) the legislative office candidate has not previously violated Subsection (5)(c) in
1145     relation to a contribution paid by the legislative office candidate from the legislative office
1146     candidate's personal funds; and
1147          (iii) the lieutenant governor determines that the failure to timely report the contribution
1148     is due to the legislative office candidate not understanding that the reporting requirement
1149     includes a contribution paid by a legislative office candidate from the legislative office
1150     candidate's personal funds.
1151          (e) The lieutenant governor shall:
1152          (i) deposit money received under Subsection (5)(c) into the General Fund; and
1153          (ii) report on the lieutenant governor's website, in the location where reports relating to
1154     each legislative office candidate are available for public access:
1155          (A) each fine imposed by the lieutenant governor against the legislative office
1156     candidate;
1157          (B) the amount of the fine;
1158          (C) the amount of the contribution to which the fine relates; and
1159          (D) the date of the contribution.
1160          (6) Within 31 days after receiving a contribution that is cash or a negotiable
1161     instrument, exceeds $50, and is from an unknown source, a legislative office candidate shall
1162     disburse the amount of the contribution to[: (a) the treasurer of the state or a political
1163     subdivision for deposit into the state's or political subdivision's general fund; or (b)] an
1164     organization that is exempt from federal income taxation under Section 501(c)(3), Internal
1165     Revenue Code.
1166          (7) (a) As used in this Subsection (7), "account" means an account in a financial
1167     institution:
1168          (i) that is not described in Subsection (1)(a)(i); and
1169          (ii) into which or from which a person who, as a candidate for an office, other than a
1170     legislative office for which the person files a declaration of candidacy or federal office, or as a
1171     holder of an office, other than a legislative office for which the person files a declaration of
1172     candidacy or federal office, deposits a contribution or makes an expenditure.
1173          (b) A legislative office candidate shall include on any financial statement filed in
1174     accordance with this part:
1175          (i) a contribution deposited in an account:
1176          (A) since the last campaign finance statement was filed; or
1177          (B) that has not been reported under a statute or ordinance that governs the account; or
1178          (ii) an expenditure made from an account:
1179          (A) since the last campaign finance statement was filed; or
1180          (B) that has not been reported under a statute or ordinance that governs the account.
1181          Section 9. Section 20A-11-303 is amended to read:
1182          20A-11-303. Legislative office candidate and legislative officeholder -- Financial
1183     reporting requirements -- Interim reports.
1184          [(1) (a) As used in this Subsection (1), "campaign]
1185          (1) As used in this section:
1186          (a) "Campaign account" means a separate campaign account required under Subsection
1187     20A-11-301(1)(a)(i) or (c)(i).
1188          (b) "Received" means:
1189          (i) for a cash contribution, that the cash is given to a legislative office candidate or a
1190     member of the legislative office candidate's personal campaign committee;
1191          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1192     instrument or check is negotiated;
1193          (iii) for a direct deposit made into a campaign account by a person not associated with
1194     the campaign, the earlier of:
1195          (A) the day on which the legislative office candidate or a member of the legislative
1196     office candidate's personal campaign committee becomes aware of the deposit and the source
1197     of the deposit;
1198          (B) the day on which the legislative office candidate or a member of the legislative
1199     office candidate's personal campaign committee receives notice of the deposit and the source of
1200     the deposit by mail, email, text, or similar means; or
1201          (C) 31 days after the day on which the direct deposit occurs; or
1202          (iv) for any other type of contribution, that any portion of the contribution's benefit
1203     inures to the legislative office candidate.
1204          [(b)] (2) Except as provided in Subsection [(2)] (3), each legislative office candidate
1205     shall file an interim report at the following times in any year in which the candidate has filed a
1206     declaration of candidacy for a public office:
1207          [(i) (A)] (a) (i) seven days before the candidate's political convention; or
1208          [(B)] (ii) for an unaffiliated candidate, the fourth Saturday in March;
1209          [(ii)] (b) seven days before the regular primary election date;
1210          [(iii)] (c) September 30; and
1211          [(iv)] (d) seven days before the regular general election date.
1212          [(c) Each legislative officeholder who has a campaign account that has not been
1213     dissolved under Section 20A-11-304 shall, in an even year, file an interim report at the
1214     following times, regardless of whether an election for the legislative officeholder's office is
1215     held that year:]
1216          [(i) (A) seven days before the political convention for the political party of the
1217     legislative officeholder; or]
1218          [(B) for an unaffiliated legislative officeholder, the fourth Saturday in March;]
1219          [(ii) seven days before the regular primary election date for that year;]
1220          [(iii) September 30; and]
1221          [(iv) seven days before the regular general election date.]
1222          [(2)] (3) If a legislative office candidate is a legislative office candidate seeking
1223     appointment for a midterm vacancy, the legislative office candidate:
1224          (a) shall file an interim report:
1225          (i) (A) seven days before the day on which the political party of the party for which the
1226     legislative office candidate seeks nomination meets to declare a nominee for the governor to
1227     appoint in accordance with Section 20A-1-503; and
1228          (B) two days before the day on which the political party of the party for which the
1229     legislative office candidate seeks nomination meets to declare a nominee for the governor to
1230     appoint in accordance with Section 20A-1-503; or
1231          (ii) if the legislative office candidate decides to seek the appointment with less than
1232     seven days before the party meets, or the political party schedules the meeting to declare a
1233     nominee less than seven days before the day of the meeting, two days before the day on which
1234     the party meets; and
1235          (b) is not required to file an interim report at the times described in Subsection [(1)(b)]
1236     (2)(a).
1237          [(3)] (4) Each interim report shall include the following information:
1238          (a) the net balance of the last summary report, if any;
1239          (b) a single figure equal to the total amount of receipts reported on all prior interim
1240     reports, if any, during the calendar year in which the interim report is due;
1241          (c) a single figure equal to the total amount of expenditures reported on all prior
1242     interim reports, if any, filed during the calendar year in which the interim report is due;
1243          (d) a detailed listing of:
1244          (i) for a legislative office candidate, each contribution received since the last summary
1245     report that has not been reported in detail on a prior interim report; or
1246          (ii) for a legislative officeholder, each contribution and public service assistance
1247     received since the last summary report that has not been reported in detail on a prior interim
1248     report;
1249          (e) for each nonmonetary contribution:
1250          (i) the fair market value of the contribution with that information provided by the
1251     contributor; and
1252          (ii) a specific description of the contribution;
1253          (f) a detailed listing of each expenditure made since the last summary report that has
1254     not been reported in detail on a prior interim report;
1255          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1256          (h) a net balance for the year consisting of the net balance from the last summary
1257     report, if any, plus all receipts since the last summary report minus all expenditures since the
1258     last summary report;
1259          (i) a summary page in the form required by the lieutenant governor that identifies:
1260          (i) beginning balance;
1261          (ii) total contributions and public service assistance received during the period since
1262     the last statement;
1263          (iii) total contributions and public service assistance received to date;
1264          (iv) total expenditures during the period since the last statement; and
1265          (v) total expenditures to date; and
1266          (j) the name of a political action committee for which the legislative office candidate or
1267     legislative officeholder is designated as an officer who has primary decision-making authority
1268     under Section 20A-11-601.
1269          [(4)] (5) (a) In preparing each interim report, all receipts and expenditures shall be
1270     reported as of five days before the required filing date of the report.
1271          (b) Any negotiable instrument or check received by a legislative office candidate or
1272     legislative officeholder more than five days before the required filing date of a report required
1273     by this section shall be included in the interim report.
1274          Section 10. Section 20A-11-305 is amended to read:
1275          20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
1276          (1) A legislative office candidate who fails to file a financial statement before the
1277     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
1278          (2) If a legislative office candidate fails to file an interim report described in
1279     Subsections 20A-11-303[(1)(b)(ii) through (iv)](2)(b) through (d), the lieutenant governor may
1280     send an electronic notice to the legislative office candidate and the political party of which the
1281     legislative office candidate is a member, if any, that states:
1282          (a) that the legislative office candidate failed to timely file the report; and
1283          (b) that, if the legislative office candidate fails to file the report within 24 hours after
1284     the deadline for filing the report, the legislative office candidate will be disqualified and the
1285     political party will not be permitted to replace the candidate.
1286          (3) (a) The lieutenant governor shall disqualify a legislative office candidate and
1287     inform the county clerk and other appropriate election officials that the legislative office
1288     candidate is disqualified if the legislative office candidate fails to file an interim report
1289     described in Subsections 20A-11-303[(1)(b)(ii) through (iv)](2)(b) through (d) within 24 hours
1290     after the deadline for filing the report.
1291          (b) The political party of a legislative office candidate who is disqualified under
1292     Subsection (3)(a) may not replace the legislative office candidate.
1293          (4) (a) If a legislative office candidate is disqualified under Subsection (3)(a), the
1294     election officer shall:
1295          (i) remove the legislative office candidate's name from the ballot; or
1296          (ii) if removing the legislative office candidate's name from the ballot is not
1297     practicable, inform the voters by any practicable method that the legislative office candidate
1298     has been disqualified and that votes cast for the legislative office candidate will not be counted.
1299          (b) An election official may fulfill the requirement described in Subsection (4)(a) in
1300     relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
1301     written notice directing the voter to a public website that will inform the voter whether a
1302     candidate on the ballot is disqualified.
1303          (5) A legislative office candidate is not disqualified if:
1304          (a) the legislative office candidate files the reports described in Subsections
1305     20A-11-303[(1)(b)(ii) through (iv)](2)(b) through (d) no later than 24 hours after the applicable
1306     deadlines for filing the reports;
1307          (b) the reports are completed, detailing accurately and completely the information
1308     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1309     and
1310          (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
1311     an amended report or the next scheduled report.
1312          (6) (a) Within 60 days after a deadline for the filing of a summary report, the lieutenant
1313     governor shall review each filed summary report to ensure that:
1314          (i) each legislative office candidate that is required to file a summary report has filed
1315     one; and
1316          (ii) each summary report contains the information required by this part.
1317          (b) If it appears that any legislative office candidate has failed to file the summary
1318     report required by law, if it appears that a filed summary report does not conform to the law, or
1319     if the lieutenant governor has received a written complaint alleging a violation of the law or the
1320     falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1321     violation or receipt of a written complaint, notify the legislative office candidate of the
1322     violation or written complaint and direct the legislative office candidate to file a summary
1323     report correcting the problem.
1324          (c) (i) It is unlawful for a legislative office candidate to fail to file or amend a summary
1325     report within seven days after receiving notice from the lieutenant governor described in this
1326     Subsection (6).
1327          (ii) Each legislative office candidate who violates Subsection (6)(c)(i) is guilty of a
1328     class B misdemeanor.
1329          (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
1330     attorney general.
1331          (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
1332     governor shall impose a civil fine of $100 against a legislative office candidate who violates
1333     Subsection (6)(c)(i).
1334          Section 11. Section 20A-11-403 is amended to read:
1335          20A-11-403. Failure to file -- Penalties.
1336          (1) Within 60 days after a deadline for the filing of a summary report, the lieutenant
1337     governor shall review each filed summary report to ensure that:
1338          (a) each officeholder that is required to file a summary report has filed one; and
1339          (b) each summary report contains the information required by this part.
1340          (2) If it appears that any officeholder has failed to file the summary report required by
1341     law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
1342     governor has received a written complaint alleging a violation of the law or the falsity of any
1343     summary report, the lieutenant governor shall, if the lieutenant governor determines that a
1344     violation has occurred:
1345          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
1346          (b) within five days of discovery of a violation or receipt of a written complaint, notify
1347     the officeholder of the violation or written complaint and direct the officeholder to file a
1348     summary report correcting the problem.
1349          (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
1350     within seven days after receiving notice from the lieutenant governor under this section.
1351          (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
1352     misdemeanor.
1353          (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
1354     attorney general.
1355          (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
1356     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1357     (3)(a).
1358          [(4) Within 60 days after a deadline for the filing of an interim report by an
1359     officeholder under Subsection 20A-11-204(2), 20A-11-303(1)(c), or 20A-11-1303(1)(d), the
1360     lieutenant governor shall review each filed interim report to ensure that each interim report
1361     contains the information required for the report.]
1362          [(5) If it appears that any officeholder has failed to file an interim report required by
1363     law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
1364     governor has received a written complaint alleging a violation of the law or the falsity of any
1365     interim report, the lieutenant governor shall, if the lieutenant governor determines that a
1366     violation has occurred:]
1367          [(a) impose a fine against the filing entity in accordance with Section 20A-11-1005;
1368     and]
1369          [(b) within five days after the day on which the violation is discovered or a written
1370     complaint is received, notify the officeholder of the violation or written complaint and direct
1371     the officeholder to file an interim report correcting the problem.]
1372          [(6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
1373     within seven days after the day on which the officeholder receives notice from the lieutenant
1374     governor under this section.]
1375          [(b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
1376     misdemeanor.]
1377          [(c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
1378     attorney general.]
1379          [(d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
1380     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1381     (6)(a).]
1382          Section 12. Section 20A-11-705 is amended to read:
1383          20A-11-705. Notice of in-kind contributions.
1384          (1) A corporation that makes an in-kind contribution to a reporting entity shall, in
1385     accordance with Subsection (2), provide the reporting entity a written notice that includes:
1386          (a) the name and address of the corporation;
1387          (b) the date of the in-kind expenditure;
1388          (c) a description of the in-kind expenditure; and
1389          (d) the value, in dollars, of the in-kind expenditure.
1390          (2) A corporation shall provide the written notice described in Subsection (1) to the
1391     reporting entity:
1392          (a) except as provided in Subsection (2)(b), within 31 days after the day on which the
1393     corporation makes the in-kind contribution; or
1394          (b) within [three] seven business days after the day on which the corporation makes the
1395     in-kind contribution, if:
1396          (i) the in-kind contribution is to a candidate who is contested in a convention and the
1397     corporation makes the in-kind contribution within 30 days before the day on which the
1398     convention is held;
1399          (ii) the in-kind contribution is to a candidate who is contested in a primary election and
1400     the corporation makes the in-kind contribution within 30 days before the day on which the
1401     primary election is held; or
1402          (iii) the in-kind contribution is to a candidate who is contested in a general election and
1403     the corporation makes the in-kind contribution within 30 days before the day on which the
1404     general election is held.
1405          (3) A corporation that provides, and a reporting entity that receives, the written notice
1406     described in Subsection (1) shall retain a copy of the notice for five years after the day on
1407     which the written notice is provided to the reporting entity.
1408          (4) A corporation or reporting entity that fails to comply with the requirements of this
1409     section is guilty of a class B misdemeanor.
1410          (5) A person that intentionally or knowingly provides, or conspires to provide, false
1411     information on a written notice described in this section is guilty of a class B misdemeanor.
1412          Section 13. Section 20A-11-801 is amended to read:
1413          20A-11-801. Political issues committees -- Registration -- Criminal penalty for
1414     providing false information or accepting unlawful contribution.
1415          (1) (a) Unless the political issues committee has filed a notice of dissolution under
1416     Subsection (4), each political issues committee shall file a statement of organization with the
1417     lieutenant governor's office:
1418          (i) before 5 p.m. on January 10 of each year; or
1419          (ii) electronically, before midnight on January 10 of each year.
1420          (b) If a political issues committee is organized after the filing deadline described in
1421     Subsection (1)(a), the political issues committee shall file an initial statement of organization
1422     no later than seven days after the day on which the political issues committee:
1423          (i) receives political issues contributions totaling at least $750; or
1424          (ii) distributes political issues expenditures totaling at least $750.
1425          (c) Each political issues committee shall deposit each contribution received into one or
1426     more separate accounts in a financial institution that are dedicated only to that purpose.
1427          (2) (a) Each political issues committee shall designate two officers that have primary
1428     decision-making authority for the political issues committee.
1429          (b) An individual may not exercise primary decision-making authority for a political
1430     issues committee if the individual is not designated under Subsection (2)(a).
1431          (3) The statement of organization shall include:
1432          (a) the name and address of the political issues committee;
1433          (b) the name, address, phone number, occupation, and title of the two primary officers
1434     designated under Subsection (2);
1435          (c) the name, address, occupation, and title of all other officers of the political issues
1436     committee;
1437          (d) the name and address of the organization, individual, corporation, association, unit
1438     of government, or union that the political issues committee represents, if any;
1439          (e) the name and address of all affiliated or connected organizations and their
1440     relationships to the political issues committee;
1441          (f) the name, residential address, business address, occupation, and phone number of
1442     the committee's treasurer or chief financial officer;
1443          (g) the name, address, and occupation of each member of the supervisory and advisory
1444     boards, if any; and
1445          (h) the ballot proposition whose outcome they wish to affect, and whether they support
1446     or oppose it.
1447          (4) (a) A registered political issues committee that intends to permanently cease
1448     operations during a calendar year shall:
1449          (i) dispose of all remaining funds by returning the funds to donors or donating the
1450     funds to an organization that is exempt from federal income taxation under Section 501(c)(3),
1451     Internal Revenue Code; and
1452          (ii) after complying with Subsection (4)(a)(i), file a notice of dissolution with the
1453     lieutenant governor's office.
1454          (b) A political issues committee may not donate money to a political action committee,
1455     but may accept a contribution from a political action committee.
1456          (c) Any notice of dissolution filed by a political issues committee does not exempt that
1457     political issues committee from complying with the financial reporting requirements of this
1458     chapter in relation to all contributions received, and all expenditures made, before, at, or after
1459     dissolution.
1460          (d) A political issues committee shall report all money donated or expended under
1461     Subsection (4)(a) in a financial report to the lieutenant governor, in accordance with the
1462     financial reporting requirements described in this chapter.
1463          (5) (a) Unless the political issues committee has filed a notice of dissolution under
1464     Subsection (4), a political issues committee shall file, with the lieutenant governor's office,
1465     notice of any change of an officer described in Subsection (2).
1466          (b) A political issues committee shall:
1467          (i) file a notice of a change of a primary officer described in Subsection (2)(a) before 5
1468     p.m. within 10 days after the day on which the change occurs; and
1469          (ii) include in the notice of change the name and title of the officer being replaced and
1470     the name, address, occupation, and title of the new officer.
1471          (6) (a) A person is guilty of providing false information in relation to a political issues
1472     committee if the person intentionally or knowingly gives false or misleading material
1473     information in the statement of organization or the notice of change of primary officer.
1474          (b) Each primary officer designated in Subsection (2)(a) or (5)(b) is guilty of accepting
1475     an unlawful contribution if the political issues committee knowingly or recklessly accepts a
1476     contribution from a corporation that:
1477          (i) was organized less than 90 days before the date of the general election; and
1478          (ii) at the time the political issues committee accepts the contribution, has failed to file
1479     a statement of organization with the lieutenant governor's office as required by Section
1480     20A-11-704.
1481          (c) A violation of this Subsection (6) is a third degree felony.
1482          (7) (a) As used in this Subsection (7), "received" means:
1483          (i) for a cash contribution, that the cash is given to a political issues committee;
1484          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1485     instrument or check is negotiated; and
1486          (iii) for any other type of contribution, that any portion of the contribution's benefit
1487     inures to the political issues committee.
1488          (b) Each political issues committee shall report to the lieutenant governor each
1489     contribution received by the political issues committee within [three] seven business days after
1490     the day on which the contribution is received if the contribution is received within 30 days
1491     before the last day on which the sponsors of the initiative or referendum described in
1492     Subsection 20A-11-801(3)(h) may submit signatures to qualify the initiative or referendum for
1493     the ballot.
1494          (c) For each contribution that a political issues committee fails to report within the
1495     period described in Subsection (7)(b), the lieutenant governor shall impose a fine against the
1496     political issues committee in an amount equal to:
1497          (i) 10% of the amount of the contribution, if the political issues committee reports the
1498     contribution within 60 days after the last day on which the political issues committee should
1499     have reported the contribution under Subsection (7)(b); or
1500          (ii) 20% of the amount of the contribution, if the political issues committee fails to
1501     report the contribution within 60 days after the last day on which the political issues committee
1502     should have reported the contribution under Subsection (7)(b).
1503          (d) The lieutenant governor shall:
1504          (i) deposit money received under Subsection (7)(c) into the General Fund; and
1505          (ii) report on the lieutenant governor's website, in the location where reports relating to
1506     each political issues committee are available for public access:
1507          (A) each fine imposed by the lieutenant governor against the political issues
1508     committee;
1509          (B) the amount of the fine;
1510          (C) the amount of the contribution to which the fine relates; and
1511          (D) the date of the contribution.
1512          Section 14. Section 20A-11-1301 is amended to read:
1513          20A-11-1301. School board office -- Campaign finance requirements -- Candidate
1514     as a political action committee officer -- No personal use -- Contribution reporting
1515     deadline -- Report other accounts -- Anonymous contributions.
1516          (1) (a) (i) Each school board office candidate shall deposit each contribution received
1517     in one or more separate accounts in a financial institution that are dedicated only to that
1518     purpose.
1519          (ii) A school board office candidate may:
1520          (A) receive a contribution from a political action committee registered under Section
1521     20A-11-601; and
1522          (B) be designated by a political action committee as an officer who has primary
1523     decision-making authority as described in Section 20A-11-601.
1524          (b) A school board office candidate may not use money deposited in an account
1525     described in Subsection (1)(a)(i) for:
1526          (i) a personal use expenditure; or
1527          (ii) an expenditure prohibited by law.
1528          (c) (i) Each school board officeholder shall deposit each contribution and public
1529     service assistance received in one or more separate accounts in a financial institution that are
1530     dedicated only to that purpose.
1531          (ii) A school board officeholder may:
1532          (A) receive a contribution or public service assistance from a political action
1533     committee registered under Section 20A-11-601; and
1534          (B) be designated by a political action committee as an officer who has primary
1535     decision-making authority as described in Section 20A-11-601.
1536          (d) A school board officeholder may not use money deposited in an account described
1537     in Subsection (1)(a)(i) or (1)(c)(i) for:
1538          (i) a personal use expenditure; or
1539          (ii) an expenditure prohibited by law.
1540          (2) (a) A school board office candidate may not deposit or mingle any contributions
1541     received into a personal or business account.
1542          (b) A school board officeholder may not deposit or mingle any contributions or public
1543     service assistance received into a personal or business account.
1544          (3) A school board office candidate or school board officeholder may not make any
1545     political expenditures prohibited by law.
1546          (4) If a person who is no longer a school board office candidate chooses not to expend
1547     the money remaining in a campaign account, the person shall continue to file the year-end
1548     summary report required by Section 20A-11-1302 until the statement of dissolution and final
1549     summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
1550          (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
1551     is no longer a school board office candidate may not expend or transfer the money in a
1552     campaign account in a manner that would cause the former school board office candidate to
1553     recognize the money as taxable income under federal tax law.
1554          (b) A person who is no longer a school board office candidate may transfer the money
1555     in a campaign account in a manner that would cause the former school board office candidate
1556     to recognize the money as taxable income under federal tax law if the transfer is made to a
1557     campaign account for federal office.
1558          (6) (a) As used in this Subsection (6), "received" means the same as that term is
1559     defined in Subsection 20A-11-1303(1)(a).
1560          (b) Except as provided in Subsection (6)(d), each school board office candidate shall
1561     report to the chief election officer each contribution received by the school board office
1562     candidate:
1563          (i) except as provided in Subsection (6)(b)(ii), within 31 days after the day on which
1564     the contribution is received; or
1565          (ii) within [three] seven business days after the day on which the contribution is
1566     received, if:
1567          (A) the school board office candidate is contested in a convention and the contribution
1568     is received within 30 days before the day on which the convention is held;
1569          (B) the school board office candidate is contested in a primary election and the
1570     contribution is received within 30 days before the day on which the primary election is held; or
1571          (C) the school board office candidate is contested in a general election and the
1572     contribution is received within 30 days before the day on which the general election is held.
1573          (c) For each contribution that a school board office candidate fails to report within the
1574     time period described in Subsection (6)(b), the chief election officer shall impose a fine against
1575     the school board office candidate in an amount equal to:
1576          (i) 10% of the amount of the contribution, if the school board office candidate reports
1577     the contribution within 60 days after the day on which the time period described in Subsection
1578     (6)(b) ends; or
1579          (ii) 20% of the amount of the contribution, if the school board office candidate fails to
1580     report the contribution within 60 days after the day on which the time period described in
1581     Subsection (6)(b) ends.
1582          (d) The lieutenant governor may waive the fine described in Subsection (6)(c) and
1583     issue a warning to the school board office candidate if:
1584          (i) the contribution that the school board office candidate fails to report is paid by the
1585     school board office candidate from the school board office candidate's personal funds;
1586          (ii) the school board office candidate has not previously violated Subsection (6)(c) in
1587     relation to a contribution paid by the school board office candidate from the school board office
1588     candidate's personal funds; and
1589          (iii) the lieutenant governor determines that the failure to timely report the contribution
1590     is due to the school board office candidate not understanding that the reporting requirement
1591     includes a contribution paid by a school board office candidate from the school board office
1592     candidate's personal funds.
1593          (e) The chief election officer shall:
1594          (i) deposit money received under Subsection (6)(c) into the General Fund; and
1595          (ii) report on the chief election officer's website, in the location where reports relating
1596     to each school board office candidate are available for public access:
1597          (A) each fine imposed by the chief election officer against the school board office
1598     candidate;
1599          (B) the amount of the fine;
1600          (C) the amount of the contribution to which the fine relates; and
1601          (D) the date of the contribution.
1602          (7) Within 31 days after receiving a contribution that is cash or a negotiable
1603     instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
1604     disburse the contribution to[: (a) the treasurer of the state or a political subdivision for deposit
1605     into the state's or political subdivision's general fund; or (b)] an organization that is exempt
1606     from federal income taxation under Section 501(c)(3), Internal Revenue Code.
1607          (8) (a) As used in this Subsection (8), "account" means an account in a financial
1608     institution:
1609          (i) that is not described in Subsection (1)(a)(i); and
1610          (ii) into which or from which a person who, as a candidate for an office, other than a
1611     school board office for which the person files a declaration of candidacy or federal office, or as
1612     a holder of an office, other than a school board office for which the person files a declaration of
1613     candidacy or federal office, deposits a contribution or makes an expenditure.
1614          (b) A school board office candidate shall include on any financial statement filed in
1615     accordance with this part:
1616          (i) a contribution deposited in an account:
1617          (A) since the last campaign finance statement was filed; or
1618          (B) that has not been reported under a statute or ordinance that governs the account; or
1619          (ii) an expenditure made from an account:
1620          (A) since the last campaign finance statement was filed; or
1621          (B) that has not been reported under a statute or ordinance that governs the account.
1622          Section 15. Section 20A-11-1303 is amended to read:
1623          20A-11-1303. School board office candidate and school board officeholder --
1624     Financial reporting requirements -- Interim reports.
1625          (1) (a) As used in this section, "received" means:
1626          (i) for a cash contribution, that the cash is given to a school board office candidate or a
1627     member of the school board office candidate's personal campaign committee;
1628          (ii) for a contribution that is a check or other negotiable instrument, that the check or
1629     other negotiable instrument is negotiated; [or]
1630          (iii) for a direct deposit made into a campaign account by a person not associated with
1631     the campaign, the earlier of:
1632          (A) the day on which the school board office candidate or a member of the school
1633     board office candidate's personal campaign committee becomes aware of the deposit and the
1634     source of the deposit;
1635          (B) the day on which the school board office candidate or a member of the school
1636     board office candidate's personal campaign committee receives notice of the deposit and the
1637     source of the deposit by mail, email, text, or similar means; or
1638          (C) thirty-one days after the day on which the direct deposit occurs; or
1639          [(iii)] (iv) for any other type of contribution, that any portion of the contribution's
1640     benefit inures to the school board office candidate.
1641          (b) As used in this Subsection (1), "campaign account" means a separate campaign
1642     account required under Subsection 20A-11-1301(1)(a)(i) or (c)(i).
1643          (c) Each school board office candidate shall file an interim report at the following
1644     times in any year in which the candidate has filed a declaration of candidacy for a public office:
1645          (i) May 15;
1646          (ii) seven days before the regular primary election date;
1647          (iii) September 30; and
1648          (iv) seven days before the regular general election date.
1649          [(d) Each school board officeholder who has a campaign account that has not been
1650     dissolved under Section 20A-11-1304 shall, in an even year, file an interim report at the
1651     following times, regardless of whether an election for the school board officeholder's office is
1652     held that year:]
1653          [(i) May 15;]
1654          [(ii) seven days before the regular primary election date for that year;]
1655          [(iii) September 30; and]
1656          [(iv) seven days before the regular general election date.]
1657          (2) Each interim report shall include the following information:
1658          (a) the net balance of the last summary report, if any;
1659          (b) a single figure equal to the total amount of receipts reported on all prior interim
1660     reports, if any, during the calendar year in which the interim report is due;
1661          (c) a single figure equal to the total amount of expenditures reported on all prior
1662     interim reports, if any, filed during the calendar year in which the interim report is due;
1663          (d) a detailed listing of:
1664          (i) for a school board office candidate, each contribution received since the last
1665     summary report that has not been reported in detail on a prior interim report; or
1666          (ii) for a school board officeholder, each contribution and public service assistance
1667     received since the last summary report that has not been reported in detail on a prior interim
1668     report;
1669          (e) for each nonmonetary contribution:
1670          (i) the fair market value of the contribution with that information provided by the
1671     contributor; and
1672          (ii) a specific description of the contribution;
1673          (f) a detailed listing of each expenditure made since the last summary report that has
1674     not been reported in detail on a prior interim report;
1675          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1676          (h) a net balance for the year consisting of the net balance from the last summary
1677     report, if any, plus all receipts since the last summary report minus all expenditures since the
1678     last summary report;
1679          (i) a summary page in the form required by the lieutenant governor that identifies:
1680          (i) beginning balance;
1681          (ii) total contributions during the period since the last statement;
1682          (iii) total contributions to date;
1683          (iv) total expenditures during the period since the last statement; and
1684          (v) total expenditures to date; and
1685          (j) the name of a political action committee for which the school board office candidate
1686     or school board officeholder is designated as an officer who has primary decision-making
1687     authority under Section 20A-11-601.
1688          (3) (a) In preparing each interim report, all receipts and expenditures shall be reported
1689     as of five days before the required filing date of the report.
1690          (b) Any negotiable instrument or check received by a school board office candidate or
1691     school board officeholder more than five days before the required filing date of a report
1692     required by this section shall be included in the interim report.
1693          Section 16. Section 20A-11-1602 is amended to read:
1694          20A-11-1602. Definitions.
1695          As used in this part:
1696          (1) "Conflict of interest" means an action that is taken by a regulated officeholder that
1697     the officeholder reasonably believes may cause direct financial benefit or detriment to the
1698     officeholder, a member of the officeholder's immediate family, or an individual or entity that
1699     the officeholder is required to disclose under the provisions of this section, if that benefit or
1700     detriment is distinguishable from the effects of that action on the public or on the officeholder's
1701     profession, occupation, or association generally.
1702          (2) "Conflict of interest disclosure" means[: (a) before January 1, 2020, a conflict of
1703     interest disclosure form that includes all information required under Section 20A-11-1604; and
1704     (b) on or after January 1, 2020,] a disclosure, on the website, of all information required under
1705     Section 20A-11-1604.
1706          (3) "Entity" means a corporation, a partnership, a limited liability company, a limited
1707     partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint
1708     venture, a governmental entity, an unincorporated organization, or any other legal entity,
1709     regardless of whether it is established primarily for the purpose of gain or economic profit.
1710          (4) "Filing officer" means:
1711          (a) the lieutenant governor, for the office of a state constitutional officer or State Board
1712     of Education member; or
1713          (b) the lieutenant governor or the county clerk in the county of the candidate's
1714     residence, for a state legislative office.
1715          (5) "Immediate family" means the regulated officeholder's spouse, a child living in the
1716     regulated officeholder's immediate household, or an individual claimed as a dependent for state
1717     or federal income tax purposes by the regulated officeholder.
1718          (6) "Income" means earnings, compensation, or any other payment made to an
1719     individual for gain, regardless of source, whether denominated as wages, salary, commission,
1720     pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses,
1721     reimbursement, dividends, or otherwise.
1722          (7) (a) "Owner or officer" means an individual who owns an ownership interest in an
1723     entity or holds a position where the person has authority to manage, direct, control, or make
1724     decisions for:
1725          (i) the entity or a portion of the entity; or
1726          (ii) an employee, agent, or independent contractor of the entity.
1727          (b) "Owner or officer" includes:
1728          (i) a member of a board of directors or other governing body of an entity; or
1729          (ii) a partner in any type of partnership.
1730          (8) "Preceding year" means the year immediately preceding the day on which the
1731     regulated officeholder makes a conflict of interest disclosure.
1732          (9) "Regulated officeholder" means an individual who is required to make a conflict of
1733     interest disclosure under the provisions of this part.
1734          (10) "State constitutional officer" means the governor, the lieutenant governor, the state
1735     auditor, the state treasurer, or the attorney general.
1736          (11) "Website" means the Candidate and Officeholder Conflict of Interest Disclosure
1737     Website described in Section 20A-11-1602.5.
1738          Section 17. Section 20A-11-1602.5 is amended to read:
1739          20A-11-1602.5. Candidate and Officeholder Conflict of Interest Disclosure
1740     Website.
1741          (1) The lieutenant governor shall, in cooperation with the county clerks, establish and
1742     administer a Candidate and Officeholder Conflict of Interest Disclosure Website.
1743          (2) [Beginning no later than January 1, 2020, the] The website shall:
1744          (a) permit a candidate or officeholder to securely access the website for the purpose of:
1745          (i) complying with the conflict of interest disclosure requirements described in this
1746     part; and
1747          (ii) editing conflict of interest disclosures;
1748          (b) contain a record of all conflict of interest disclosures and edits made by the
1749     candidate or officeholder for at least the preceding four years; and
1750          (c) permit any person to view a conflict of interest disclosure made by a candidate or
1751     officeholder.
1752          [(3) No sooner than January 1, 2020, and before January 11, 2020, each individual who
1753     is required to make a conflict of interest disclosure under this part shall, regardless of whether
1754     the individual has already made a conflict of interest disclosure by a means other than the
1755     website, make a complete and updated conflict of interest disclosure on the website using the
1756     secure access described in Subsection (2)(a).]
1757          Section 18. Section 20A-11-1603 is amended to read:
1758          20A-11-1603. Conflict of interest disclosure -- Required when filing for candidacy
1759     -- Public availability.
1760          [(1) Beginning on January 1, 2020]
1761          (1) (a) Except as provided in Subsection (1)(b), candidates seeking the following
1762     offices shall make a complete conflict of interest disclosure on the website at the time of filing
1763     a declaration of candidacy:
1764          [(a)] (i) state constitutional officer;
1765          [(b)] (ii) state legislator; or
1766          [(c)] (iii) State Board of Education member.
1767          (b) A candidate is not required to comply with Subsection (1)(a) if the candidate:
1768          (i) currently holds the office for which the candidate is seeking reelection;
1769          (ii) already, that same year, filed the conflict of interest disclosure for the office
1770     described in Subsection (1)(b)(i), in accordance Section 20A-11-1604; and
1771          (iii) at the time the candidate files the declaration of candidacy, indicates, in writing,
1772     that the conflict of interest disclosure described in Subsection (1)(b)(ii) is updated and accurate
1773     as of the date of filing the declaration of candidacy.
1774          (2) [A] Except as provided in Subsection (1)(b), a filing officer may not accept a
1775     declaration of candidacy for an office listed in Subsection (1)(a) until the candidate makes a
1776     complete conflict of interest disclosure on the website.
1777          (3) The conflict of interest disclosure described in Subsection (1)(a) shall contain the
1778     same requirements and shall be in the same format as the conflict of interest disclosure
1779     described in Section 20A-11-1604.
1780          [(4) Until January 1, 2020, the filing officer shall:]
1781          [(a) make each financial disclosure form that the filing officer receives available for
1782     public inspection at the filing officer's place of business; and]
1783          [(b) if the filing officer is not the lieutenant governor, provide each financial disclosure
1784     form to the lieutenant governor within one business day after the day on which the candidate
1785     files the financial disclosure form.]
1786          [(5) Until January 1, 2020, the lieutenant governor shall make each financial disclosure
1787     form that the lieutenant governor receives available to the public:]
1788          [(a) at the Office of the Lieutenant Governor; and]
1789          [(b) on the Statewide Electronic Voter Information Website administered by the
1790     lieutenant governor.]
1791          [(6) Beginning on January 1, 2020, the]
1792          (4) The lieutenant governor shall make the complete conflict of interest disclosure
1793     made by each candidate available for public inspection on the website.
1794          Section 19. Section 20A-11-1604 is amended to read:
1795          20A-11-1604. Failure to disclose conflict of interest -- Failure to comply with
1796     reporting requirements.
1797          (1) (a) Before or during the execution of any order, settlement, declaration, contract, or
1798     any other official act of office in which a state constitutional officer has actual knowledge that
1799     the state constitutional officer has a conflict of interest that is not stated in the conflict of
1800     interest disclosure, the state constitutional officer shall publicly declare that the state
1801     constitutional officer may have a conflict of interest and what that conflict of interest is.
1802          (b) Before or during any vote on legislation or any legislative matter in which a
1803     legislator has actual knowledge that the legislator has a conflict of interest that is not stated in
1804     the conflict of interest disclosure, the legislator shall orally declare to the committee or body
1805     before which the matter is pending that the legislator may have a conflict of interest and what
1806     that conflict is.
1807          (c) Before or during any vote on any rule, resolution, order, or any other board matter
1808     in which a member of the State Board of Education has actual knowledge that the member has
1809     a conflict of interest that is not stated in the conflict of interest disclosure, the member shall
1810     orally declare to the board that the member may have a conflict of interest and what that
1811     conflict of interest is.
1812          (2) Any public declaration of a conflict of interest that is made under Subsection (1)
1813     shall be noted:
1814          (a) on the official record of the action taken, for a state constitutional officer;
1815          (b) in the minutes of the committee meeting or in the Senate or House Journal, as
1816     applicable, for a legislator; or
1817          (c) in the minutes of the meeting or on the official record of the action taken, for a
1818     member of the State Board of Education.
1819          [(3) (a) Until January 1, 2020, a state constitutional officer shall file a financial
1820     disclosure form:]
1821          [(i) (A) on January 10 each year, or the following business day if the due date falls on a
1822     weekend or holiday; or]
1823          [(B) if the state constitutional officer takes office after January 10, within 10 days after
1824     the day on which the state constitutional officer takes office; and]
1825          [(ii) each time the state constitutional officer changes employment.]
1826          [(b) Beginning on January 1, 2020, a]
1827          (3) A state constitutional officer shall make a complete conflict of interest disclosure
1828     on the website:
1829          (a) (i) [(A)] no sooner than January 1 each year, and before January 11 each year; or
1830          [(B)] (ii) if the state constitutional officer takes office after January 10, within 10 days
1831     after the day on which the state constitutional officer takes office; and
1832          [(ii)] (b) each time the state constitutional officer changes employment.
1833          [(c) Until January 1, 2020, a legislator shall file a financial disclosure form:]
1834          [(i) (A) on the first day of each general session of the Legislature; or]
1835          [(B) if the legislator takes office after the first day of the general session of the
1836     Legislature, within 10 days after the day on which the legislator takes office; and]
1837          [(ii) each time the legislator changes employment.]
1838          [(d) Beginning on January 1, 2020, a]
1839          (4) A legislator shall make a complete conflict of interest disclosure on the website:
1840          (a) (i) [(A)] no sooner than January 1 each year, and before January 11 each year; or
1841          [(B)] (ii) if the legislator takes office after January 10, within 10 days after the day on
1842     which the legislator takes office; and
1843          [(ii)] (b) each time the legislator changes employment.
1844          [(e) Until January 1, 2020, a member of the State Board of Education shall file a
1845     financial disclosure form:]
1846          [(i) (A) on January 10 of each year, or the following business day if the due date falls
1847     on a weekend or holiday; or]
1848          [(B) if the member takes office after January 10, within 10 days after the day on which
1849     the member takes office; and]
1850          [(ii) each time the member changes employment.]
1851          [(f) Beginning on January 1, 2020, a]
1852          (5) A member of the State Board of Education shall make a complete conflict of
1853     interest disclosure on the website:
1854          (a) (i) [(A)] no sooner than January 1 each year, and before January 11 each year; or
1855          [(B)] (ii) if the member takes office after January 10, within 10 days after the day on
1856     which the member takes office; and
1857          [(ii)] (b) each time the member changes employment.
1858          [(4) The]
1859          (6) A conflict of interest disclosure described in Subsection (3), (4), or (5) shall
1860     include:
1861          (a) the regulated officeholder's name;
1862          (b) the name and address of each of the regulated officeholder's current employers and
1863     each of the regulated officeholder's employers during the preceding year;
1864          (c) for each employer described in Subsection [(4)] (6)(b), a brief description of the
1865     employment, including the regulated officeholder's occupation and, as applicable, job title;
1866          (d) for each entity in which the regulated officeholder is an owner or officer, or was an
1867     owner or officer during the preceding year:
1868          (i) the name of the entity;
1869          (ii) a brief description of the type of business or activity conducted by the entity; and
1870          (iii) the regulated officeholder's position in the entity;
1871          (e) in accordance with Subsection [(5)(b)] (7), for each individual from whom, or
1872     entity from which, the regulated officeholder has received $5,000 or more in income during the
1873     preceding year:
1874          (i) the name of the individual or entity; and
1875          (ii) a brief description of the type of business or activity conducted by the individual or
1876     entity;
1877          (f) for each entity in which the regulated officeholder holds any stocks or bonds having
1878     a fair market value of $5,000 or more as of the date of the disclosure form or during the
1879     preceding year, but excluding funds that are managed by a third party, including blind trusts,
1880     managed investment accounts, and mutual funds:
1881          (i) the name of the entity; and
1882          (ii) a brief description of the type of business or activity conducted by the entity;
1883          (g) for each entity not listed in Subsections [(4)] (6)(d) through (f) in which the
1884     regulated officeholder currently serves, or served in the preceding year, on the board of
1885     directors or in any other type of paid leadership capacity:
1886          (i) the name of the entity or organization;
1887          (ii) a brief description of the type of business or activity conducted by the entity; and
1888          (iii) the type of advisory position held by the regulated officeholder;
1889          (h) at the option of the regulated officeholder, a description of any real property in
1890     which the regulated officeholder holds an ownership or other financial interest that the
1891     regulated officeholder believes may constitute a conflict of interest, including a description of
1892     the type of interest held by the regulated officeholder in the property;
1893          (i) the name of the regulated officeholder's spouse and any other adult residing in the
1894     regulated officeholder's household who is not related by blood or marriage, as applicable;
1895          (j) for the regulated officeholder's spouse, the information that a regulated officeholder
1896     is required to provide under Subsection [(4)] (6)(b);
1897          (k) a brief description of the employment and occupation of each adult who:
1898          (i) resides in the regulated officeholder's household; and
1899          (ii) is not related to the regulated officeholder by blood or marriage;
1900          (l) at the option of the regulated officeholder, a description of any other matter or
1901     interest that the regulated officeholder believes may constitute a conflict of interest;
1902          (m) the date the form was completed;
1903          (n) a statement that the regulated officeholder believes that the form is true and
1904     accurate to the best of the regulated officeholder's knowledge; and
1905          (o) the signature of the regulated officeholder.
1906          [(5) (a) Before January 1, 2020, the regulated officeholder shall file the financial
1907     disclosure form with:]
1908          [(i) the secretary of the Senate, if the regulated officeholder is a member of the Senate;]
1909          [(ii) the chief clerk of the House of Representatives, if the regulated officeholder is a
1910     member of the House of Representatives; or]
1911          [(iii) the lieutenant governor, if the regulated officeholder is a regulated officeholder
1912     other than a regulated officeholder described in Subsection (5)(a)(i) or (ii).]
1913          [(b)] (7) In making the disclosure described in Subsection [(4)] (6)(e), a regulated
1914     officeholder who provides goods or services to multiple customers or clients as part of a
1915     business or a licensed profession is only required to provide the information described in
1916     Subsection [(4)] (6)(e) in relation to the entity or practice through which the regulated
1917     officeholder provides the goods or services and is not required to provide the information
1918     described in Subsection [(4)] (6)(e) in relation to the regulated officeholder's individual
1919     customers or clients.
1920          [(6) Until January 1, 2020, the lieutenant governor, the secretary of the Senate, and the
1921     chief clerk of the House of Representatives shall ensure that blank conflict of interest
1922     disclosure forms are available on the Internet and at their offices.]
1923          [(7) Until January 1, 2020, an individual described in Subsection (6) who receives a
1924     conflict of interest disclosure form or an amendment to a conflict of interest disclosure form
1925     under this section shall make each version of the form, and each amendment to the form,
1926     available to the public for the period of time described in Subsection (8), in the following
1927     manner:]
1928          [(a) on the Internet; and]
1929          [(b) at the office where the form or the amendment to the form was filed.]
1930          [(8) The period of time that an individual described in Subsection (7) shall make each
1931     version of a conflict of interest disclosure form and each amendment to a conflict of interest
1932     disclosure form available to the public is:]
1933          [(a) two years after the day on which the individual described in Subsection (7)
1934     receives the form, for a regulated officeholder in an office that has a normal term of two years
1935     or less; or]
1936          [(b) four years after the day on which the individual described in Subsection (7)
1937     receives the form, for a regulated officeholder in an office that has a normal term of more than
1938     two years.]
1939          [(9)] (8) The disclosure requirements described in this section do not prohibit a
1940     regulated officeholder from voting or acting on any matter.
1941          [(10)] (9) A regulated officeholder may amend a conflict of interest disclosure
1942     described in this part at any time.
1943          [(11)] (10) A regulated officeholder who violates the requirements of Subsection (1) is
1944     guilty of a class B misdemeanor.
1945          [(12)] (11) (a) A regulated officeholder who intentionally or knowingly violates a
1946     provision of this section, other than Subsection (1), is guilty of a class B misdemeanor.
1947          (b) In addition to the criminal penalty described in Subsection [(12)] (11)(a), the
1948     lieutenant governor shall impose a civil penalty of $100 against a regulated officeholder who
1949     violates a provision of this section, other than Subsection (1).
1950          Section 20. Section 20A-11-1605 is amended to read:
1951          20A-11-1605. Failure to file -- Penalties.
1952          (1) Within 60 days after the day on which a regulated officeholder is required to file a
1953     conflict of interest disclosure under Subsection 20A-11-1604(3)[(a)(i), (b)(i), (c)(i), (d)(i),
1954     (e)(i), or (f)(i)], (4) or (5), the lieutenant governor shall review each filed conflict of interest
1955     disclosure to ensure that:
1956          (a) each regulated officeholder who is required to file a conflict of interest disclosure
1957     has filed one; and
1958          (b) each conflict of interest disclosure contains the information required under Section
1959     20A-11-1604.
1960          (2) The lieutenant governor shall take the action described in Subsection (3) if:
1961          (a) a regulated officeholder has failed to timely file a conflict of interest disclosure;
1962          (b) a filed conflict of interest disclosure does not comply with the requirements of
1963     Section 20A-11-1604; or
1964          (c) the lieutenant governor receives a written complaint alleging a violation of Section
1965     20A-11-1604, other than Subsection 20A-11-1604(1), and after receiving the complaint and
1966     giving the regulated officeholder notice and an opportunity to be heard, the lieutenant governor
1967     determines that a violation occurred.
1968          (3) If a circumstance described in Subsection (2) occurs, the lieutenant governor shall,
1969     within five days after the day on which the lieutenant governor determines that a violation
1970     occurred, notify the regulated officeholder of the violation and direct the regulated officeholder
1971     to file an amended report correcting the problem.
1972          (4) (a) It is unlawful for a regulated officeholder to fail to file or amend a conflict of
1973     interest disclosure within seven days after the day on which the regulated officeholder receives
1974     the notice described in Subsection (3).
1975          (b) A regulated officeholder who violates Subsection (4)(a) is guilty of a class B
1976     misdemeanor.
1977          (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
1978     attorney general.
1979          (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
1980     governor shall impose a civil fine of $100 against a regulated officeholder who violates
1981     Subsection (4)(a).
1982          (5) The lieutenant governor shall deposit a fine collected under this part into the
1983     General Fund as a dedicated credit to pay for the costs of administering the provisions of this
1984     part.
1985          Section 21. Section 20A-11-1706 is amended to read:
1986          20A-11-1706. Penalties.
1987          (1) The chief election officer shall impose a $100 fine against an individual who fails
1988     to file an independent expenditure report, that includes the information required for the report,
1989     within the time period required by this part.
1990          (2) The chief election officer shall impose a $1000 fine against a person who is not an
1991     individual who fails to file an independent expenditure report, that includes the information
1992     required for the report, within the time period required by this part.
1993          (3) The chief election officer shall deposit fines collected under this chapter [in] into
1994     the General Fund.
1995          Section 22. Section 20A-12-303 is amended to read:
1996          20A-12-303. Separate account for campaign funds -- Reporting contributions.
1997          (1) The judge or the judge's personal campaign committee shall deposit each
1998     contribution in one or more separate personal campaign accounts in a financial institution.
1999          (2) The judge or the judge's personal campaign committee may not deposit or mingle
2000     any contributions received into a personal or business account.
2001          (3) (a) As used in this Subsection (3) and Section 20A-12-305, "received" means:
2002          (i) for a cash contribution, that the cash is given to a judge or the judge's personal
2003     campaign committee;
2004          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
2005     instrument or check is negotiated; and
2006          (iii) for any other type of contribution, that any portion of the contribution's benefit
2007     inures to the judge.
2008          (b) The judge or the judge's personal campaign committee shall report to the lieutenant
2009     governor each contribution received by the judge, within 31 days after the day on which the
2010     contribution is received.
2011          (c) For each contribution that a judge fails to report within the time period described in
2012     Subsection (3)(b), the lieutenant governor shall impose a fine against the judge in an amount
2013     equal to:
2014          (i) 10% of the amount of the contribution if the judge reports the contribution within
2015     60 days after the day on which the time period described in Subsection (3)(b) ends; or
2016          (ii) 20% of the amount of the contribution, if the judge fails to report the contribution
2017     within 60 days after the day on which the time period described in Subsection (3)(b) ends.
2018          (d) The lieutenant governor shall:
2019          (i) deposit money received under Subsection (3)(c) into the General Fund; and
2020          (ii) report on the lieutenant governor's website, in the location where reports relating to
2021     each judge are available for public access:
2022          (A) each fine imposed by the lieutenant governor against the judge;
2023          (B) the amount of the fine;
2024          (C) the amount of the contribution to which the fine relates; and
2025          (D) the date of the contribution.
2026          (4) Within 31 days after receiving a contribution that is cash or a negotiable
2027     instrument, exceeds $50, and is from an unknown source, a judge or the judge's personal
2028     campaign committee shall disburse the amount of the contribution to[: (a) the treasurer of the
2029     state or a political subdivision for deposit into the state's or political subdivision's general fund;
2030     or (b)] an organization that is exempt from federal income taxation under Section 501(c)(3),
2031     Internal Revenue Code.
2032          Section 23. Section 36-11-102 is amended to read:
2033          36-11-102. Definitions.
2034          As used in this chapter:
2035          (1) "Aggregate daily expenditures" means:
2036          (a) for a single lobbyist, principal, or government officer, the total of all expenditures
2037     made within a calendar day by the lobbyist, principal, or government officer for the benefit of
2038     an individual public official;
2039          (b) for an expenditure made by a member of a lobbyist group, the total of all
2040     expenditures made within a calendar day by every member of the lobbyist group for the benefit
2041     of an individual public official; or
2042          (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
2043     lobbyist within a calendar day for the benefit of an individual public official, regardless of
2044     whether the expenditures were attributed to different clients.
2045          (2) "Approved activity" means an event, a tour, or a meeting:
2046          (a) (i) to which a legislator or another nonexecutive branch public official is invited;
2047     and
2048          (ii) attendance at which is approved by:
2049          (A) the speaker of the House of Representatives, if the public official is a member of
2050     the House of Representatives or another nonexecutive branch public official; or
2051          (B) the president of the Senate, if the public official is a member of the Senate or
2052     another nonexecutive branch public official; or
2053          (b) (i) to which a public official who holds a position in the executive branch of state
2054     government is invited; and
2055          (ii) attendance at which is approved by the governor or the lieutenant governor.
2056          (3) "Capitol hill complex" means the same as that term is defined in Section
2057     63C-9-102.
2058          (4) (a) "Compensation" means anything of economic value, however designated, that is
2059     paid, loaned, granted, given, donated, or transferred to an individual for the provision of
2060     services or ownership before any withholding required by federal or state law.
2061          (b) "Compensation" includes:
2062          (i) a salary or commission;
2063          (ii) a bonus;
2064          (iii) a benefit;
2065          (iv) a contribution to a retirement program or account;
2066          (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
2067     Code, and subject to Social Security deductions, including a payment in excess of the
2068     maximum amount subject to deduction under Social Security law;
2069          (vi) an amount that the individual authorizes to be deducted or reduced for salary
2070     deferral or other benefits authorized by federal law; or
2071          (vii) income based on an individual's ownership interest.
2072          (5) "Compensation payor" means a person who pays compensation to a public official
2073     in the ordinary course of business:
2074          (a) because of the public official's ownership interest in the compensation payor; or
2075          (b) for services rendered by the public official on behalf of the compensation payor.
2076          (6) "Event" means entertainment, a performance, a contest, or a recreational activity
2077     that an individual participates in or is a spectator at, including a sporting event, an artistic
2078     event, a play, a movie, dancing, or singing.
2079          (7) "Executive action" means:
2080          (a) a nomination or appointment by the governor;
2081          (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
2082     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2083          (c) agency ratemaking proceedings; or
2084          (d) an adjudicative proceeding of a state agency.
2085          (8) (a) "Expenditure" means any of the items listed in this Subsection (8)(a) when
2086     given to or for the benefit of a public official unless consideration of equal or greater value is
2087     received:
2088          (i) a purchase, payment, or distribution;
2089          (ii) a loan, gift, or advance;
2090          (iii) a deposit, subscription, or forbearance;
2091          (iv) services or goods;
2092          (v) money;
2093          (vi) real property;
2094          (vii) a ticket or admission to an event; or
2095          (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
2096     any item listed in Subsections (8)(a)(i) through (vii).
2097          (b) "Expenditure" does not mean:
2098          (i) a commercially reasonable loan made in the ordinary course of business;
2099          (ii) a campaign contribution reported in accordance with Title 20A, Chapter 11,
2100     Campaign and Financial Reporting Requirements;
2101          (iii) printed informational material that is related to the performance of the recipient's
2102     official duties;
2103          (iv) a devise or inheritance;
2104          (v) any item listed in Subsection (8)(a) if:
2105          (A) given by a relative;
2106          (B) given by a compensation payor for a purpose solely unrelated to the public
2107     official's position as a public official;
2108          (C) the item is food or beverage with a value that does not exceed the food
2109     reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
2110     the food reimbursement rate; or
2111          (D) the item is not food or beverage, has a value of less than $10, and the aggregate
2112     daily expenditures do not exceed $10;
2113          (vi) food or beverage that is provided at an event, a tour, or a meeting to which the
2114     following are invited:
2115          (A) all members of the Legislature;
2116          (B) all members of a standing or interim committee;
2117          (C) all members of an official legislative task force;
2118          (D) all members of a party caucus; or
2119          (E) all members of a group described in Subsections (8)(b)(vi)(A) through (D) who are
2120     attending a meeting of a national organization whose primary purpose is addressing general
2121     legislative policy;
2122          (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
2123     official who is:
2124          (A) giving a speech at the event, tour, or meeting;
2125          (B) participating in a panel discussion at the event, tour, or meeting; or
2126          (C) presenting or receiving an award at the event, tour, or meeting;
2127          (viii) a plaque, commendation, or award that:
2128          (A) is presented in public;
2129          (B) has the name of the individual receiving the plaque, commendation, or award
2130     inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
2131     award;
2132          (ix) a gift that:
2133          (A) is an item that is not consumable and not perishable;
2134          (B) a public official accepts on behalf of the state;
2135          (C) the public official promptly remits to the state;
2136          (D) a property administrator does not reject under Section 63G-23-103;
2137          (E) does not constitute a direct benefit to the public official before or after the public
2138     official remits the gift to the state; and
2139          (F) after being remitted to the state, is not transferred, divided, distributed, or used to
2140     distribute a gift or benefit to one or more public officials in a manner that would otherwise
2141     qualify the gift as an expenditure if the gift were given directly to a public official;
2142          (x) [a publication having a] any of the following with a cash value not exceeding
2143     $30[;]:
2144          (A) a publication; or
2145          (B) a commemorative item;
2146          (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
2147     which is:
2148          (A) to solicit contributions reportable under:
2149          (I) Title 20A, Chapter 11, Campaign and Financial Reporting Requirements; or
2150          (II) 2 U.S.C. Sec. 434; or
2151          (B) charitable solicitation, as defined in Section 13-22-2;
2152          (xii) travel to, lodging at, food or beverage served at, and admission to an approved
2153     activity;
2154          (xiii) sponsorship of an approved activity;
2155          (xiv) notwithstanding Subsection (8)(a)(vii), admission to, attendance at, or travel to or
2156     from an event, a tour, or a meeting:
2157          (A) that is sponsored by a governmental entity; or
2158          (B) that is widely attended and related to a governmental duty of a public official; or
2159          (xv) travel to a widely attended tour or meeting related to a governmental duty of a
2160     public official if that travel results in a financial savings to the state.
2161          (9) "Food reimbursement rate" means the total amount set by the director of the
2162     Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an
2163     employee of the executive branch, for an entire day.
2164          (10) (a) "Government officer" means:
2165          (i) an individual elected to a position in state or local government, when acting within
2166     the government officer's official capacity; or
2167          (ii) an individual appointed to or employed in a full-time position by state or local
2168     government, when acting within the scope of the individual's employment.
2169          (b) "Government officer" does not mean a member of the legislative branch of state
2170     government.
2171          (11) "Immediate family" means:
2172          (a) a spouse;
2173          (b) a child residing in the household; or
2174          (c) an individual claimed as a dependent for tax purposes.
2175          (12) "Legislative action" means:
2176          (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
2177     proposed in either house of the Legislature or its committees or requested by a legislator; and
2178          (b) the action of the governor in approving or vetoing legislation.
2179          (13) "Lobbying" means communicating with a public official for the purpose of
2180     influencing the passage, defeat, amendment, or postponement of legislative or executive action.
2181          (14) (a) "Lobbyist" means:
2182          (i) an individual who is employed by a principal; or
2183          (ii) an individual who contracts for economic consideration, other than reimbursement
2184     for reasonable travel expenses, with a principal to lobby a public official.
2185          (b) "Lobbyist" does not include:
2186          (i) a government officer;
2187          (ii) a member or employee of the legislative branch of state government;
2188          (iii) a person, including a principal, while appearing at, or providing written comments
2189     to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
2190     Rulemaking Act or Title 63G, Chapter 4, Administrative Procedures Act;
2191          (iv) a person participating on or appearing before an advisory or study task force,
2192     commission, board, or committee, constituted by the Legislature or any agency or department
2193     of state government, except legislative standing, appropriation, or interim committees;
2194          (v) a representative of a political party;
2195          (vi) an individual representing a bona fide church solely for the purpose of protecting
2196     the right to practice the religious doctrines of the church, unless the individual or church makes
2197     an expenditure that confers a benefit on a public official;
2198          (vii) a newspaper, television station or network, radio station or network, periodical of
2199     general circulation, or book publisher for the purpose of publishing news items, editorials,
2200     other comments, or paid advertisements that directly or indirectly urge legislative or executive
2201     action;
2202          (viii) an individual who appears on the individual's own behalf before a committee of
2203     the Legislature or an agency of the executive branch of state government solely for the purpose
2204     of testifying in support of or in opposition to legislative or executive action; or
2205          (ix) an individual representing a business, entity, or industry, who:
2206          (A) interacts with a public official, in the public official's capacity as a public official,
2207     while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
2208     interaction or while presenting at a legislative committee meeting at the same time that the
2209     registered lobbyist is attending another legislative committee meeting; and
2210          (B) does not make an expenditure for, or on behalf of, a public official in relation to the
2211     interaction or during the period of interaction.
2212          (15) "Lobbyist group" means two or more lobbyists, principals, government officers, or
2213     any combination of lobbyists, principals, and officers who each contribute a portion of an
2214     expenditure made to benefit a public official or member of the public official's immediate
2215     family.
2216          (16) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
2217     make a decision, including a conference, seminar, or summit.
2218          (17) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
2219     who represents two or more clients and divides the aggregate daily expenditure made to benefit
2220     a public official or member of the public official's immediate family between two or more of
2221     those clients.
2222          (18) "Principal" means a person that employs an individual to perform lobbying, either
2223     as an employee or as an independent contractor.
2224          (19) "Public official" means:
2225          (a) (i) a member of the Legislature;
2226          (ii) an individual elected to a position in the executive branch of state government; or
2227          (iii) an individual appointed to or employed in a position in the executive or legislative
2228     branch of state government if that individual:
2229          (A) occupies a policymaking position or makes purchasing or contracting decisions;
2230          (B) drafts legislation or makes rules;
2231          (C) determines rates or fees; or
2232          (D) makes adjudicative decisions; or
2233          (b) an immediate family member of a person described in Subsection (19)(a).
2234          (20) "Public official type" means a notation to identify whether a public official is:
2235          (a) (i) a member of the Legislature;
2236          (ii) an individual elected to a position in the executive branch of state government;
2237          (iii) an individual appointed to or employed in a position in the legislative branch of
2238     state government who meets the definition of public official under Subsection (19)(a)(iii); or
2239          (iv) an individual appointed to or employed in a position in the executive branch of
2240     state government who meets the definition of public official under Subsection (19)(a)(iii); or
2241          (b) an immediate family member of a person described in Subsection (19)(a).
2242          (21) "Quarterly reporting period" means the three-month period covered by each
2243     financial report required under Subsection 36-11-201(2)(a).
2244          (22) "Related person" means a person, agent, or employee who knowingly and
2245     intentionally assists a lobbyist, principal, or government officer in lobbying.
2246          (23) "Relative" means a spouse, child, parent, grandparent, grandchild, brother, sister,
2247     parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or spouse
2248     of any of these individuals.
2249          (24) "Tour" means visiting a location, for a purpose relating to the duties of a public
2250     official, and not primarily for entertainment, including:
2251          (a) viewing a facility;
2252          (b) viewing the sight of a natural disaster; or
2253          (c) assessing a circumstance in relation to which a public official may need to take
2254     action within the scope of the public official's duties.
2255          Section 24. Effective date.
2256          If approved by two-thirds of all the members elected to each house, this bill takes effect
2257     upon approval by the governor, or the day following the constitutional time limit of Utah
2258     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
2259     the date of veto override.