1     
POLITICAL DISCLOSURES AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to reports and disclosures by officeholders and
10     certain entities.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines and modifies terms;
14          ▸     in relation to travel expenses paid on behalf of certain officeholders for the purpose
15     of obtaining education, training, or information relating to the duties of the
16     officeholder, permits the officeholder to report the payment:
17               •     as public service assistance; and
18               •     in a manner that does not characterize the payment as a campaign contribution
19     or expenditure;
20          ▸     describes the requirements and procedures for reporting payment of travel expenses
21     in the character and manner described in the preceding paragraph;
22          ▸     expands an existing criminal provision relating to concealing the identity of a
23     person who makes a contribution to also apply to a person that provides public
24     service assistance;
25          ▸     subject to certain exceptions, requires certain officeholders to disclose gifts or travel
26     provided to the officeholder by a foreign entity or an agent of a foreign entity;
27          ▸     describes the requirements and procedures for making a disclosure described in the
28     preceding paragraph;
29          ▸     provides a penalty for failing to timely make a disclosure relating to a gift or travel
30     provided to an officeholder by a foreign entity or an agent of a foreign entity;
31          ▸     provides for the public disclosure of the reports and disclosures required by this bill;
32     and
33          ▸     makes technical and conforming changes.
34     Money Appropriated in this Bill:
35          None
36     Other Special Clauses:
37          None
38     Utah Code Sections Affected:
39     AMENDS:
40          20A-1-306, as last amended by Laws of Utah 2022, Chapter 325
41          20A-1-501, as last amended by Laws of Utah 2019, Chapter 349
42          20A-11-101, as last amended by Laws of Utah 2022, Chapter 126
43          20A-11-101.5, as enacted by Laws of Utah 2014, Chapter 18
44          20A-11-101.7, as enacted by Laws of Utah 2017, Chapter 39
45          20A-11-201, as last amended by Laws of Utah 2021, Chapter 20
46          20A-11-203, as last amended by Laws of Utah 2019, Chapter 74
47          20A-11-204, as last amended by Laws of Utah 2021, Chapter 20
48          20A-11-205, as last amended by Laws of Utah 2013, Chapter 170
49          20A-11-301, as last amended by Laws of Utah 2021, Chapter 20
50          20A-11-302, as last amended by Laws of Utah 2019, Chapter 74
51          20A-11-303, as last amended by Laws of Utah 2021, Chapter 20
52          20A-11-304, as last amended by Laws of Utah 2013, Chapter 170
53          20A-11-401, as last amended by Laws of Utah 2018, Chapter 83
54          20A-11-402, as last amended by Laws of Utah 2019, Chapter 74
55          20A-11-505.7, as last amended by Laws of Utah 2015, Chapter 21
56          20A-11-601, as last amended by Laws of Utah 2022, Chapter 340
57          20A-11-602, as last amended by Laws of Utah 2019, Chapters 74, 116
58          20A-11-701.1, as enacted by Laws of Utah 2019, Chapter 74
59          20A-11-701.5, as renumbered and amended by Laws of Utah 2019, Chapter 74
60          20A-11-904, as enacted by Laws of Utah 2010, Chapter 389
61          20A-11-1202, as last amended by Laws of Utah 2020, Chapter 365
62          20A-11-1203, as last amended by Laws of Utah 2019, Chapter 203
63          20A-11-1206, as last amended by Laws of Utah 2019, Chapter 203
64          20A-11-1301, as last amended by Laws of Utah 2021, Chapter 20
65          20A-11-1302, as last amended by Laws of Utah 2019, Chapter 74
66          20A-11-1303, as last amended by Laws of Utah 2021, Chapter 20
67          20A-11-1304, as enacted by Laws of Utah 1997, Chapter 355
68          20A-11-1402, as last amended by Laws of Utah 2004, Chapter 220
69          20A-11-1403, as repealed and reenacted by Laws of Utah 2003, Chapter 284
70          20A-11-1404, as last amended by Laws of Utah 2004, Chapter 220
71          20A-11-1502, as last amended by Laws of Utah 2018, Chapter 83
72          20A-11-1704, as last amended by Laws of Utah 2018, Chapter 83
73          68-3-12.5, as last amended by Laws of Utah 2021, Chapter 93
74     ENACTS:
75          20A-11-204.5, Utah Code Annotated 1953
76          20A-11-303.5, Utah Code Annotated 1953
77          20A-11-1303.5, Utah Code Annotated 1953
78          20A-11a-101, Utah Code Annotated 1953
79          20A-11a-102, Utah Code Annotated 1953
80     REPEALS:
81          20A-11-1201, as last amended by Laws of Utah 1999, Chapter 21
82     

83     Be it enacted by the Legislature of the state of Utah:
84          Section 1. Section 20A-1-306 is amended to read:
85          20A-1-306. Electronic signatures prohibited.
86          Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
87     Subsections 68-3-12(1)(e) and [68-3-12.5(28) and (40)] 68-3-12.5(29) and (41), an electronic
88     signature may not be used to sign a petition to:
89          (1) except as provided in Section 20A-21-201, qualify a ballot proposition for the
90     ballot under Chapter 7, Issues Submitted to the Voters;
91          (2) organize and register a political party under Chapter 8, Political Party Formation
92     and Procedures; or
93          (3) except as provided in Section 20A-21-201, qualify a candidate for the ballot under
94     Chapter 9, Candidate Qualifications and Nominating Procedures.
95          Section 2. Section 20A-1-501 is amended to read:
96          20A-1-501. Candidate vacancies -- Procedure for filling.
97          (1) The state central committee of a political party, for candidates for United States
98     senator, United States representative, governor, lieutenant governor, attorney general, state
99     treasurer, and state auditor, and for legislative candidates whose legislative districts encompass
100     more than one county, and the county central committee of a political party, for all other party
101     candidates seeking an office elected at a regular general election, may certify the name of
102     another candidate to the appropriate election officer if:
103          (a) for a registered political party that will have a candidate on a ballot in a primary
104     election, after the close of the period for filing a declaration of candidacy and continuing
105     through the day before the day on which the lieutenant governor provides the list described in
106     Subsection 20A-9-403(4)(a):
107          (i) only one or two candidates from that party have filed a declaration of candidacy for
108     that office; and
109          (ii) one or both:
110          (A) dies;
111          (B) resigns because of acquiring a physical or mental disability, certified by a physician
112     or physician assistant, that prevents the candidate from continuing the candidacy; or
113          (C) is disqualified by an election officer for improper filing or nominating procedures;
114          (b) for a registered political party that does not have a candidate on the ballot in a
115     primary, but that will have a candidate on the ballot for a general election, after the close of the
116     period for filing a declaration of candidacy and continuing through the day before the day on
117     which the lieutenant governor makes the certification described in Section 20A-5-409, the
118     party's candidate:
119          (i) dies;
120          (ii) resigns because of acquiring a physical or mental disability as certified by a
121     physician or physician assistant;
122          (iii) is disqualified by an election officer for improper filing or nominating procedures;
123     or
124          (iv) resigns to become a candidate for president or vice president of the United States;
125     or
126          (c) for a registered political party with a candidate certified as winning a primary
127     election, after the deadline described in Subsection (1)(a) and continuing through the day
128     before that day on which the lieutenant governor makes the certification described in Section
129     20A-5-409, the party's candidate:
130          (i) dies;
131          (ii) resigns because of acquiring a physical or mental disability as certified by a
132     physician or physician assistant;
133          (iii) is disqualified by an election officer for improper filing or nominating procedures;
134     or
135          (iv) resigns to become a candidate for president or vice president of the United States.
136          (2) If no more than two candidates from a political party have filed a declaration of
137     candidacy for an office elected at a regular general election and one resigns to become the party
138     candidate for another position, the state central committee of that political party, for candidates
139     for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for
140     legislative candidates whose legislative districts encompass more than one county, and the
141     county central committee of that political party, for all other party candidates, may certify the
142     name of another candidate to the appropriate election officer.
143          (3) Each replacement candidate shall file a declaration of candidacy as required by
144     Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
145          (4) (a) The name of a candidate who is certified under Subsection (1)(a) after the
146     deadline described in Subsection (1)(a) may not appear on the primary election ballot.
147          (b) The name of a candidate who is certified under Subsection (1)(b) after the deadline
148     described in Subsection (1)(b) may not appear on the general election ballot.
149          (c) The name of a candidate who is certified under Subsection (1)(c) after the deadline
150     described in Subsection (1)(c) may not appear on the general election ballot.
151          (5) A political party may not replace a candidate who is disqualified for failure to
152     timely file a campaign disclosure financial report under [Title 20A, Chapter 11, Campaign and
153     Financial Reporting Requirements] Chapter 11, Reporting Requirements for Candidates,
154     Officeholders, and Entities, or Section 17-16-6.5.
155          Section 3. Section 20A-11-101 is amended to read:
156     
CHAPTER 11. REPORTING REQUIREMENTS FOR CANDIDATES,

157     
OFFICEHOLDERS, AND ENTITIES

158          20A-11-101. Definitions.
159          As used in this chapter:
160          (1) (a) "Address" means the number and street where an individual resides or where a
161     reporting entity has its principal office.
162          (b) "Address" does not include a post office box.
163          (2) "Agent of a reporting entity" means:
164          (a) a person acting on behalf of a reporting entity at the direction of the reporting
165     entity;
166          (b) a person employed by a reporting entity in the reporting entity's capacity as a
167     reporting entity;
168          (c) the personal campaign committee of a candidate or officeholder;
169          (d) a member of the personal campaign committee of a candidate or officeholder in the
170     member's capacity as a member of the personal campaign committee of the candidate or
171     officeholder; or
172          (e) a political consultant of a reporting entity.
173          (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
174     amendments, and any other ballot propositions submitted to the voters that are authorized by
175     the Utah Code Annotated 1953.
176          (4) "Candidate" means any person who:
177          (a) files a declaration of candidacy for a public office; or
178          (b) receives contributions, makes expenditures, or gives consent for any other person to
179     receive contributions or make expenditures to bring about the person's nomination or election
180     to a public office.
181          (5) "Chief election officer" means:
182          (a) the lieutenant governor for state office candidates, legislative office candidates,
183     officeholders, political parties, political action committees, corporations, political issues
184     committees, state school board candidates, judges, and labor organizations, as defined in
185     Section 20A-11-1501; and
186          (b) the county clerk for local school board candidates.
187          (6) (a) "Contribution" means any of the following when done for a political [purposes]
188     purpose:
189          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
190     value given to the filing entity;
191          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
192     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
193     anything of value to the filing entity;
194          (iii) any transfer of funds from another reporting entity to the filing entity;
195          (iv) compensation paid by any person or reporting entity other than the filing entity for
196     personal services provided without charge to the filing entity;
197          (v) remuneration from:
198          (A) any organization or its directly affiliated organization that has a registered lobbyist;
199     or
200          (B) any agency or subdivision of the state, including school districts;
201          (vi) a loan made by a candidate deposited to the candidate's own campaign; and
202          (vii) in-kind contributions.
203          (b) "Contribution" does not include:
204          (i) services provided by individuals volunteering a portion or all of their time on behalf
205     of the filing entity if the services are provided without compensation by the filing entity or any
206     other person;
207          (ii) money lent to the filing entity by a financial institution in the ordinary course of
208     business;
209          (iii) goods or services provided for the benefit of a political entity at less than fair
210     market value that are not authorized by or coordinated with the political entity; [or]
211          (iv) data or information described in Subsection [(24)(b).] (23)(b); or
212          (v) public service assistance.
213          (7) "Coordinated with" means that goods or services provided for the benefit of a
214     political entity are provided:
215          (a) with the political entity's prior knowledge, if the political entity does not object;
216          (b) by agreement with the political entity;
217          (c) in coordination with the political entity; or
218          (d) using official logos, slogans, and similar elements belonging to a political entity.
219          (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
220     organization that is registered as a corporation or is authorized to do business in a state and
221     makes any expenditure from corporate funds for:
222          (i) the purpose of expressly advocating for a political [purposes] purpose; or
223          (ii) the purpose of expressly advocating the approval or the defeat of any ballot
224     proposition.
225          (b) "Corporation" does not mean:
226          (i) a business organization's political action committee or political issues committee; or
227          (ii) a business entity organized as a partnership or a sole proprietorship.
228          (9) "County political party" means, for each registered political party, all of the persons
229     within a single county who, under definitions established by the political party, are members of
230     the registered political party.
231          (10) "County political party officer" means a person whose name is required to be
232     submitted by a county political party to the lieutenant governor in accordance with Section
233     20A-8-402.
234          (11) "Detailed listing" means:
235          (a) for each contribution or public service assistance:
236          (i) the name and address of the individual or source making the contribution or public
237     service assistance, except to the extent that the name or address of the individual or source is
238     unknown;
239          (ii) the amount or value of the contribution or public service assistance; and
240          (iii) the date the contribution or public service assistance was made; and
241          (b) for each expenditure:
242          (i) the amount of the expenditure;
243          (ii) the goods or services acquired by the expenditure; and
244          (iii) the date the expenditure was made.
245          (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
246     for membership in the corporation, to a corporation without receiving full and adequate
247     consideration for the money.
248          (b) "Donor" does not include a person that signs a statement that the corporation may
249     not use the money for an expenditure or political issues expenditure.
250          (13) "Election" means each:
251          (a) regular general election;
252          (b) regular primary election; and
253          (c) special election at which candidates are eliminated and selected.
254          (14) "Electioneering communication" means a communication that:
255          (a) has at least a value of $10,000;
256          (b) clearly identifies a candidate or judge; and
257          (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
258     facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
259     identified candidate's or judge's election date.
260          (15) (a) "Expenditure" means any of the following made by a reporting entity or an
261     agent of a reporting entity on behalf of the reporting entity:
262          (i) any disbursement from contributions[, receipts,] or public service assistance, except
263     public service travel assistance that is disclosed in a public service travel assistance statement;
264          (ii) any disbursement from the separate bank account required by this chapter;
265          [(ii)] (iii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of
266     money, or anything of value made for a political [purposes] purpose;
267          [(iii)] (iv) an express, legally enforceable contract, promise, or agreement to make any
268     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
269     value for a political [purposes] purpose;
270          [(iv)] (v) compensation paid by a filing entity for personal services rendered by a
271     person without charge to a reporting entity;
272          [(v)] (vi) a transfer of funds between the filing entity and a candidate's personal
273     campaign committee;
274          [(vi)] (vii) goods or services provided by the filing entity to or for the benefit of
275     another reporting entity for a political [purposes] purpose at less than fair market value; or
276          [(vii)] (viii) an independent expenditure, as defined in Section 20A-11-1702.
277          (b) "Expenditure" does not include:
278          (i) services provided without compensation by individuals volunteering a portion or all
279     of their time on behalf of a reporting entity;
280          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
281     business; or
282          (iii) anything [listed] described in Subsection (15)(a) that is given by a reporting entity
283     to candidates for office or officeholders in states other than Utah.
284          (16) "Federal office" means the office of president of the United States, United States
285     Senator, or United States Representative.
286          (17) "Filing entity" means the reporting entity that is required to file a financial
287     statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
288          (18) [(18)] (a) "Financial statement" [includes any] means a summary report, interim
289     report, verified financial statement, or other statement disclosing contributions, expenditures,
290     receipts, donations, or disbursements that is required by this chapter or Chapter 12, Part 2,
291     Judicial Retention Elections.
292          (b) "Financial statement" does not include a public service travel assistance statement.
293          (19) "Governing board" means the individual or group of individuals that determine the
294     candidates and committees that will receive expenditures from a political action committee,
295     political party, or corporation.
296          (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
297     Incorporation, by which a geographical area becomes legally recognized as a city, town, or
298     metro township.
299          (21) "Incorporation election" means the election conducted under Section 10-2a-210 or
300     10-2a-404.
301          (22) "Incorporation petition" means a petition described in Section 10-2a-208.
302          [(23) "Individual" means a natural person.]
303          [(24)] (23) (a) "In-kind contribution" means anything of value, other than money, that
304     is accepted by or coordinated with a filing entity.
305          (b) "In-kind contribution" does not include:
306          (i) survey results, voter lists, voter contact information, demographic data, voting trend
307     data, or other information that:
308          [(i)] (A) is not commissioned for the benefit of a particular candidate or officeholder;
309     and
310          [(ii)] (B) is offered at no cost to a candidate or officeholder[.]; or
311          (ii) public service travel assistance that is disclosed in a public service travel assistance
312     statement.
313          [(25)] (24) "Interim report" means a report identifying the contributions received and
314     expenditures made since the last report.
315          [(26)] (25) "Legislative office" means the office of state senator, state representative,
316     speaker of the House of Representatives, president of the Senate, and the leader, whip, and
317     assistant whip of any party caucus in either house of the Legislature.
318          [(27)] (26) "Legislative office candidate" means [a person] an individual who:
319          (a) files a declaration of candidacy for the office of state senator or state representative;
320          (b) declares oneself to be a candidate for, or actively campaigns for, the position of
321     speaker of the House of Representatives, president of the Senate, or the leader, whip, and
322     assistant whip of any party caucus in either house of the Legislature; or
323          (c) receives contributions, makes expenditures, or gives consent for any other person to
324     receive contributions or make expenditures to bring about the [person's] individual's
325     nomination, election, or appointment to a legislative office.
326          [(28)] (27) "Loan" means any of the following provided by a person that benefits a
327     filing entity if the person expects repayment or reimbursement:
328          (a) an expenditure made using any form of payment;
329          (b) money or funds received by the filing entity;
330          (c) the provision of a good or service with an agreement or understanding that payment
331     or reimbursement will be delayed; or
332          (d) use of any line of credit.
333          [(29)] (28) "Major political party" means either of the two registered political parties
334     that have the greatest number of members elected to the two houses of the Legislature.
335          [(30)] (29) "Officeholder" means [a person] an individual who holds a public office.
336          [(31)] (30) "Party committee" means any committee organized by or authorized by the
337     governing board of a registered political party.
338          [(32) "Person" means both natural and legal persons, including individuals, business
339     organizations, personal campaign committees, party committees, political action committees,
340     political issues committees, and labor organizations, as defined in Section 20A-11-1501.]
341          [(33)] (31) "Personal campaign committee" means the committee appointed by a
342     candidate to act for the candidate as provided in this chapter.
343          [(34)] (32) "Personal use expenditure" [has the same meaning as provided under]
344     means the same as that term is defined in Section 20A-11-104.
345          [(35)] (33) (a) "Political action committee" means an entity, or any group of
346     individuals or entities within or outside this state, a major purpose of which is to:
347          (i) solicit or receive contributions from any other person, group, or entity for a political
348     [purposes] purpose; or
349          (ii) make expenditures to expressly advocate for [any person] an individual to refrain
350     from voting or to vote for or against any candidate or [person] individual seeking election to a
351     municipal or county office.
352          (b) "Political action committee" includes groups affiliated with a registered political
353     party but not authorized or organized by the governing board of the registered political party
354     that receive contributions or makes expenditures for a political [purposes] purpose.
355          (c) "Political action committee" does not [mean] include:
356          (i) a party committee;
357          (ii) any entity that provides goods or services to a candidate or committee in the regular
358     course of its business at the same price that would be provided to the general public;
359          (iii) an individual;
360          (iv) individuals who are related and who make contributions from a joint checking
361     account;
362          (v) a corporation, except a corporation a major purpose of which is to act as a political
363     action committee; or
364          (vi) a personal campaign committee.
365          [(36)] (34) (a) "Political consultant" means a person who is paid by a reporting entity,
366     or paid by another person on behalf of and with the knowledge of the reporting entity, to
367     provide political advice to the reporting entity.
368          (b) "Political consultant" includes a circumstance described in Subsection [(36)(a)]
369     (34)(a), where the person:
370          (i) has already been paid, with money or other consideration;
371          (ii) expects to be paid in the future, with money or other consideration; or
372          (iii) understands that the person may, in the discretion of the reporting entity or another
373     person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
374     money or other consideration.
375          [(37)] (35) "Political convention" means a county or state political convention held by
376     a registered political party to select candidates.
377          [(38)] (36) "Political entity" means a candidate, a political party, a political action
378     committee, or a political issues committee.
379          [(39)] (37) (a) "Political issues committee" means an entity, or any group of individuals
380     or entities within or outside this state, a major purpose of which is to:
381          (i) solicit or receive donations from any other person, group, or entity to assist in
382     placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
383     to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
384          (ii) make expenditures to expressly advocate for [any person] an individual to sign or
385     refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or
386     vote against any proposed ballot proposition or an incorporation in an incorporation election; or
387          (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
388     ballot or to assist in keeping a ballot proposition off the ballot.
389          (b) "Political issues committee" does not mean:
390          (i) a registered political party or a party committee;
391          (ii) any entity that provides goods or services to an individual or committee in the
392     regular course of its business at the same price that would be provided to the general public;
393          (iii) an individual;
394          (iv) individuals who are related and who make contributions from a joint checking
395     account;
396          (v) a corporation, except a corporation a major purpose of which is to act as a political
397     issues committee; or
398          (vi) a group of individuals who:
399          (A) associate together for the purpose of challenging or supporting a single ballot
400     proposition, ordinance, or other governmental action by a county, city, town, local district,
401     special service district, or other local political subdivision of the state;
402          (B) have a common liberty, property, or financial interest that is directly impacted by
403     the ballot proposition, ordinance, or other governmental action;
404          (C) do not associate together, for the purpose described in Subsection [(39)(b)(vi)(A)]
405     (37)(b)(vi)(A), via a legal entity;
406          (D) do not receive funds for challenging or supporting the ballot proposition,
407     ordinance, or other governmental action from a person other than an individual in the group;
408     and
409          (E) do not expend a total of more than $5,000 for the purpose described in Subsection
410     [(39)(b)(vi)(A)] (37)(b)(vi)(A).
411          [(40)] (38) (a) "Political issues contribution" means any of the following:
412          (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
413     anything of value given to a political issues committee;
414          (ii) an express, legally enforceable contract, promise, or agreement to make a political
415     issues donation to influence the approval or defeat of any ballot proposition;
416          (iii) any transfer of funds received by a political issues committee from a reporting
417     entity;
418          (iv) compensation paid by another reporting entity for personal services rendered
419     without charge to a political issues committee; and
420          (v) goods or services provided to or for the benefit of a political issues committee at
421     less than fair market value.
422          (b) "Political issues contribution" does not include:
423          (i) services provided without compensation by individuals volunteering a portion or all
424     of their time on behalf of a political issues committee; or
425          (ii) money lent to a political issues committee by a financial institution in the ordinary
426     course of business.
427          [(41)] (39) (a) "Political issues expenditure" means any of the following when made by
428     a political issues committee or on behalf of a political issues committee by an agent of the
429     reporting entity:
430          (i) any payment from political issues contributions made for the purpose of influencing
431     the approval or the defeat of:
432          (A) a ballot proposition; or
433          (B) an incorporation petition or incorporation election;
434          (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
435     the express purpose of influencing the approval or the defeat of:
436          (A) a ballot proposition; or
437          (B) an incorporation petition or incorporation election;
438          (iii) an express, legally enforceable contract, promise, or agreement to make any
439     political issues expenditure;
440          (iv) compensation paid by a reporting entity for personal services rendered by a person
441     without charge to a political issues committee; or
442          (v) goods or services provided to or for the benefit of another reporting entity at less
443     than fair market value.
444          (b) "Political issues expenditure" does not include:
445          (i) services provided without compensation by individuals volunteering a portion or all
446     of their time on behalf of a political issues committee; or
447          (ii) money lent to a political issues committee by a financial institution in the ordinary
448     course of business.
449          [(42)] (40) "Political [purposes] purpose" means an act done with the intent or in a way
450     to influence or tend to influence, directly or indirectly, [any person] an individual to refrain
451     from voting or to vote for or against any:
452          (a) candidate or [a person] an individual seeking a municipal or county office at any
453     caucus, political convention, or election; or
454          (b) judge standing for retention at any election.
455          [(43)] (41) (a) "Poll" means the survey of [a person] an individual regarding the
456     [person's] individual's opinion or knowledge of an individual who has filed a declaration of
457     candidacy for public office, or of a ballot proposition that has legally qualified for placement
458     on the ballot, which is conducted in person or by telephone, facsimile, Internet, postal mail, or
459     email.
460          (b) "Poll" does not include:
461          (i) a ballot; or
462          (ii) an interview of a focus group that is conducted, in person, by one individual, if:
463          (A) the focus group consists of more than three, and less than thirteen, individuals; and
464          (B) all individuals in the focus group are present during the interview.
465          [(44)] (42) "Primary election" means any regular primary election held under the
466     election laws.
467          [(45)] (43) "Publicly identified class of individuals" means a group of 50 or more
468     individuals sharing a common occupation, interest, or association that contribute to a political
469     action committee or political issues committee and whose names can be obtained by contacting
470     the political action committee or political issues committee upon whose financial statement the
471     individuals are listed.
472          [(46)] (44) "Public office" means the office of governor, lieutenant governor, state
473     auditor, state treasurer, attorney general, state school board member, state senator, state
474     representative, speaker of the House of Representatives, president of the Senate, and the leader,
475     whip, and assistant whip of any party caucus in either house of the Legislature.
476          (45) "Public service assistance" means:
477          (a) public service general assistance; or
478          (b) public service travel assistance.
479          [(47)] (46) (a) "Public service general assistance" means the following when given or
480     provided to an officeholder to defray the costs of functioning in a public office or aid the
481     officeholder to communicate with the officeholder's constituents:
482          (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
483     money or anything of value to an officeholder; or
484          (ii) goods or services provided at less than fair market value to or for the benefit of the
485     officeholder.
486          (b) "Public service general assistance" does not include:
487          (i) anything provided by the state;
488          (ii) services provided without compensation by individuals volunteering a portion or all
489     of their time on behalf of an officeholder;
490          (iii) money lent to an officeholder by a financial institution in the ordinary course of
491     business;
492          (iv) news coverage or any publication by the news media; [or]
493          (v) any article, story, or other coverage as part of any regular publication of any
494     organization unless substantially all the publication is devoted to information about the
495     officeholder[.];
496          (vi) communication with a constituent that:
497          (A) solicits a contribution or other aid for a campaign; or
498          (B) is for the primary purpose of encouraging an individual to vote for an officeholder;
499     or
500          (vii) public service travel assistance.
501          (47) "Public service travel assistance" means providing or paying for travel,
502     accommodations, food, and other costs or expenses relating to an officeholder attending a
503     conference, meeting, tour, or other event, the primary purpose of which is to provide education,
504     training, or information to the officeholder in relation to the duties of the officeholder.
505          (48) "Public service travel assistance statement" means:
506          (a) as it relates to a state officeholder, a statement described in Section 20A-11-204; or
507          (b) as it relates to a legislative officeholder, a statement described in Section
508     20A-11-303.5.
509          [(48)] (49) "Receipts" means:
510          (a) contributions [and]; or
511          (b) public service assistance, except public service travel assistance that is disclosed in
512     a public service travel assistance statement.
513          [(49)] (50) "Registered lobbyist" means [a person] an individual licensed under Title
514     36, Chapter 11, Lobbyist Disclosure and Regulation Act.
515          [(50)] (51) "Registered political action committee" means any political action
516     committee that is required by this chapter to file a statement of organization with the Office of
517     the Lieutenant Governor.
518          [(51)] (52) "Registered political issues committee" means any political issues
519     committee that is required by this chapter to file a statement of organization with the Office of
520     the Lieutenant Governor.
521          [(52)] (53) "Registered political party" means an organization of voters that:
522          (a) participated in the last regular general election and polled a total vote equal to 2%
523     or more of the total votes cast for all candidates for the United States House of Representatives
524     for any of its candidates for any office; or
525          (b) has complied with the petition and organizing procedures of Chapter 8, Political
526     Party Formation and Procedures.
527          [(53)] (54) (a) "Remuneration" means a payment:
528          (i) made to a legislator for the period the Legislature is in session; and
529          (ii) that is approximately equivalent to an amount a legislator would have earned
530     during the period the Legislature is in session in the legislator's ordinary course of business.
531          (b) "Remuneration" does not mean anything of economic value given to a legislator by:
532          (i) the legislator's primary employer in the ordinary course of business; or
533          (ii) a person [or entity] in the ordinary course of business:
534          (A) because of the legislator's ownership interest in the entity; or
535          (B) for services rendered by the legislator on behalf of the person [or entity].
536          [(54)] (55) "Reporting entity" means a candidate, a candidate's personal campaign
537     committee, a judge, a judge's personal campaign committee, an officeholder, a party
538     committee, a political action committee, a political issues committee, a corporation, or a labor
539     organization, as defined in Section 20A-11-1501.
540          [(55)] (56) "School board office" means the office of state school board.
541          [(56)] (57) (a) "Source" means the person [or entity] that is the legal owner of the
542     tangible or intangible asset that comprises the contribution.
543          (b) "Source" means, for political action committees and corporations, the political
544     action committee and the corporation as entities, not the contributors to the political action
545     committee or the owners or shareholders of the corporation.
546          [(57)] (58) "State office" means the offices of governor, lieutenant governor, attorney
547     general, state auditor, and state treasurer.
548          [(58)] (59) "State office candidate" means [a person] an individual who:
549          (a) files a declaration of candidacy for a state office; or
550          (b) receives contributions, makes expenditures, or gives consent for any other person to
551     receive contributions or make expenditures to bring about the [person's] individual's
552     nomination, election, or appointment to a state office.
553          [(59)] (60) "Summary report" means the year end report containing the summary of a
554     reporting entity's contributions and expenditures.
555          [(60)] (61) "Supervisory board" means the individual or group of individuals that
556     allocate expenditures from a political issues committee.
557          Section 4. Section 20A-11-101.5 is amended to read:
558          20A-11-101.5. Disclosure of actual source or recipient required.
559          (1) As used in this section, "transactional intermediary" means a person, including a
560     credit card company, a financial institution, or a money transfer service, that pays or transfers
561     money to a person on behalf of another person.
562          (2) When, under this chapter, a person makes a detailed listing, discloses or reports the
563     source of a contribution, discloses or reports the source of public service assistance, discloses
564     or reports the person or entity to whom a disbursement is made, or discloses or reports the
565     identity of a donor, the person:
566          (a) shall reveal the actual source of the contribution or public service assistance, the
567     actual person or entity to whom the disbursement is ultimately made, or the actual identity of
568     the donor; and
569          (b) may not merely list, disclose, or report the transactional intermediary.
570          Section 5. Section 20A-11-101.7 is amended to read:
571          20A-11-101.7. Concealing contributor's identity.
572          A person is guilty of a class B misdemeanor if the person conspires with another to
573     make a contribution or public service assistance through one or more persons with the intent
574     that:
575          (1) the contribution or public service assistance will ultimately be made to a filing
576     entity specified by the original contributor or a designee of the original contributor; and
577          (2) by making the contribution or public service assistance through one or more
578     persons, the original contributor's identity will not be disclosed in a manner that would be
579     required by law.
580          Section 6. Section 20A-11-201 is amended to read:
581          20A-11-201. State office -- Separate bank account for campaign funds -- No
582     personal use -- State office candidate reporting deadline -- Report other accounts --
583     Anonymous contributions.
584          (1) (a) [Each] A state office candidate or the candidate's personal campaign committee
585     shall deposit [each contribution] all receipts received in the form of cash or a negotiable
586     instrument into one or more separate campaign accounts in a financial institution that are
587     dedicated only to that purpose.
588          (b) A state office candidate or a candidate's personal campaign committee may not use
589     money deposited in a campaign account for:
590          (i) a personal use expenditure; or
591          (ii) an expenditure prohibited by law.
592          (c) [Each] Except as provided in Subsection (3), a state officeholder or the state
593     officeholder's personal campaign committee shall deposit each contribution and public service
594     assistance received in one or more separate campaign accounts in a financial institution.
595          (d) A state officeholder or a state officeholder's personal campaign committee may not
596     use money deposited in a campaign account for:
597          (i) a personal use expenditure; or
598          (ii) an expenditure prohibited by law.
599          (2) (a) A state office candidate or the candidate's personal campaign committee may
600     not deposit or mingle any contributions received into a personal or business account.
601          (b) [A] Except as provided in Subsection (3), a state officeholder or the state
602     officeholder's personal campaign committee may not deposit or mingle any contributions or
603     public service assistance received into a personal or business account.
604          (3) A state officeholder or the state officeholder's personal campaign committee is not
605     required to deposit public service travel assistance into an account described in Subsection (1),
606     and may, instead, deposit the public service travel assistance into a personal or business
607     account if:
608          (a) the public service travel assistance is received as a reimbursement for personal
609     funds previously expended by the officeholder for travel, accommodations, food, and other
610     costs or expenses relating to the officeholder attending a conference, meeting, tour, or other
611     event, the primary purpose of which is to provide education, training, or information to the
612     officeholder in relation to the duties of the officeholder; and
613          (b) before the officeholder or the officeholder's personal campaign committee deposits
614     the public service travel assistance into a personal or business account, the officeholder
615     discloses the public service travel assistance in accordance with Section 20A-11-204.5.
616          [(3)] (4) If [a person] an individual who is no longer a state office candidate chooses
617     not to expend the money remaining in a campaign account, the [person] individual shall
618     continue to file the year-end summary report required by Section 20A-11-203 until the
619     statement of dissolution and final summary report required by Section 20A-11-205 are filed
620     with the lieutenant governor.
621          [(4)] (5) (a) Except as provided in Subsection [(4)(b)] (5)(b) and Section 20A-11-402,
622     [a person] an individual who is no longer a state office candidate may not expend or transfer
623     the money in a campaign account in a manner that would cause the former state office
624     candidate to recognize the money as taxable income under federal tax law.
625          (b) [A person] An individual who is no longer a state office candidate may transfer the
626     money in a campaign account in a manner that would cause the former state office candidate to
627     recognize the money as taxable income under federal tax law if the transfer is made to a
628     campaign account for federal office.
629          [(5)] (6) (a) As used in this Subsection [(5)] (6), "received" means the same as that
630     term is defined in Subsection 20A-11-204(1)(b).
631          (b) Each state office candidate shall report to the lieutenant governor each contribution
632     received by the state office candidate:
633          (i) except as provided in Subsection [(5)(b)(ii)] (6)(b)(ii), within 31 days after the day
634     on which the contribution is received; or
635          (ii) within seven business days after the day on which the contribution is received, if:
636          (A) the state office candidate is contested in a convention and the contribution is
637     received within 30 days before the day on which the convention is held;
638          (B) the state office candidate is contested in a primary election and the contribution is
639     received within 30 days before the day on which the primary election is held; or
640          (C) the state office candidate is contested in a general election and the contribution is
641     received within 30 days before the day on which the general election is held.
642          (c) Except as provided in Subsection [(5)(d)] (6)(d), for each contribution that a state
643     office candidate fails to report within the time period described in Subsection [(5)(b)] (6)(d),
644     the lieutenant governor shall impose a fine against the state office candidate in an amount equal
645     to:
646          (i) 10% of the amount of the contribution, if the state office candidate reports the
647     contribution within 60 days after the day on which the time period described in Subsection
648     [(5)(b)] (6)(b) ends; or
649          (ii) 20% of the amount of the contribution, if the state office candidate fails to report
650     the contribution within 60 days after the day on which the time period described in Subsection
651     [(5)(b)] (6)(b) ends.
652          (d) The lieutenant governor may waive the fine described in Subsection [(5)(c)] (6)(c)
653     and issue a warning to the state office candidate if:
654          (i) the contribution that the state office candidate fails to report is paid by the state
655     office candidate from the state office candidate's personal funds;
656          (ii) the state office candidate has not previously violated Subsection [(5)(c)] (6)(c) in
657     relation to a contribution paid by the state office candidate from the state office candidate's
658     personal funds; and
659          (iii) the lieutenant governor determines that the failure to timely report the contribution
660     is due to the state office candidate not understanding that the reporting requirement includes a
661     contribution paid by a state office candidate from the state office candidate's personal funds.
662          (e) The lieutenant governor shall:
663          (i) deposit money received under Subsection [(5)(c)] (6)(c) into the General Fund; and
664          (ii) report on the lieutenant governor's website, in the location where reports relating to
665     each state office candidate are available for public access:
666          (A) each fine imposed by the lieutenant governor against the state office candidate;
667          (B) the amount of the fine;
668          (C) the amount of the contribution to which the fine relates; and
669          (D) the date of the contribution.
670          [(6)] (7) (a) As used in this Subsection [(6)] (7), "account" means an account in a
671     financial institution:
672          (i) that is not described in Subsection [(1)(a)] (1); and
673          (ii) into which or from which [a person] an individual who, as a candidate for an office,
674     other than the state office for which the [person] individual files a declaration of candidacy or
675     federal office, or as a holder of an office, other than a state office for which the [person]
676     individual files a declaration of candidacy or federal office, deposits a [contribution] receipt or
677     makes an expenditure.
678          (b) A state office candidate shall include on any financial statement filed in accordance
679     with this part:
680          (i) a [contribution] receipt deposited in an account:
681          (A) since the last campaign finance statement was filed; or
682          (B) that has not been reported under a statute or ordinance that governs the account; or
683          (ii) an expenditure made from an account:
684          (A) since the last campaign finance statement was filed; or
685          (B) that has not been reported under a statute or ordinance that governs the account.
686          [(7)] (8) Within 31 days after receiving a [contribution] receipt that is cash or a
687     negotiable instrument, exceeds $50, and is from an unknown source, a state office candidate
688     shall disburse the amount of the [contribution] receipt to an organization that is exempt from
689     federal income taxation under Section 501(c)(3), Internal Revenue Code.
690          Section 7. Section 20A-11-203 is amended to read:
691          20A-11-203. State office candidate -- Financial reporting requirements --
692     Year-end summary report.
693          (1) (a) Each state office candidate shall file a summary report [by] no earlier than
694     January 1 and no later than January 10 of the year after the regular general election year.
695          (b) In addition to the requirements of Subsection (1)(a), a former state office candidate
696     that has not filed the statement of dissolution and final summary report required under Section
697     20A-11-205 shall continue to file a summary report [on] no earlier than January 1 and no later
698     than January 10 of each year.
699          (2) (a) Each summary report shall include the following information as of December 31
700     of the [previous] year immediately preceding the year of the report:
701          (i) the net balance of the last financial statement, if any;
702          (ii) a single figure equal to the total amount of receipts reported on all interim reports,
703     if any;
704          (iii) a single figure equal to the total amount of expenditures reported on all interim
705     reports, if any, filed during the previous year;
706          (iv) a detailed listing of each contribution received since the last summary report that
707     has not been reported in detail on an interim report;
708          (v) for each nonmonetary contribution:
709          (A) the fair market value of the contribution with that information provided by the
710     contributor; and
711          (B) a specific description of the contribution;
712          (vi) a detailed listing of each expenditure made since the last summary report that has
713     not been reported in detail on an interim report;
714          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
715          (viii) a net balance for the year consisting of the net balance from the last summary
716     report, if any, plus all receipts minus all expenditures; and
717          (ix) the name of a political action committee for which the state office candidate is
718     designated as an officer who has primary decision-making authority under Section
719     20A-11-601.
720          (b) In preparing the report, all receipts and expenditures shall be reported as of
721     December 31 of the previous year.
722          (c) A check or negotiable instrument received by a state office candidate or a state
723     office candidate's personal campaign committee on or before December 31 of the previous year
724     shall be included in the summary report, unless the negotiable instrument or check is solely for
725     public service travel assistance reported on a public service travel assistance statement.
726          (3) An authorized member of the state office candidate's personal campaign committee
727     or the state office candidate shall certify in the summary report that, to the best of the person's
728     knowledge, all receipts and all expenditures have been reported as of December 31 of the
729     previous year and that there are no bills or obligations outstanding and unpaid except as [set
730     forth] described in that report.
731          Section 8. Section 20A-11-204 is amended to read:
732          20A-11-204. State office candidate and state officeholder -- Financial reporting
733     requirements -- Interim reports.
734          (1) As used in this section:
735          (a) "Campaign account" means a separate campaign account required under Subsection
736     [20A-11-201(1)(a) or (c)] 20A-11-201(1).
737          (b) "Received" means:
738          (i) for a cash contribution, that the cash is given to a state office candidate or a member
739     of the state office candidate's personal campaign committee;
740          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
741     instrument or check is negotiated;
742          (iii) for a direct deposit made into a campaign account by a person not associated with
743     the campaign, the earlier of:
744          (A) the day on which the state office candidate or a member of the state office
745     candidate's personal campaign committee becomes aware of the deposit and the source of the
746     deposit;
747          (B) the day on which the state office candidate or a member of the state office
748     candidate's personal campaign committee receives notice of the deposit and the source of the
749     deposit by mail, email, text, or similar means; or
750          (C) 31 days after the day on which the direct deposit occurs; or
751          (iv) for any other type of contribution, that any portion of the contribution's benefit
752     inures to the state office candidate.
753          (2) Except as provided in Subsection (3), each state office candidate shall file an
754     interim report at the following times in any year in which the candidate has filed a declaration
755     of candidacy for a public office:
756          (a) (i) seven days before the candidate's political convention; or
757          (ii) for an unaffiliated candidate, the fourth Saturday in March;
758          (b) seven days before the regular primary election date;
759          (c) September 30; and
760          (d) seven days before the regular general election date.
761          (3) If a state office candidate is a state office candidate seeking appointment for a
762     midterm vacancy, the state office candidate:
763          (a) shall file an interim report:
764          (i) (A) no later than seven days before the day on which the political party of the party
765     for which the state office candidate seeks nomination meets to declare a nominee for the
766     governor to appoint in accordance with Section 20A-1-504; and
767          (B) two days before the day on which the political party of the party for which the state
768     office candidate seeks nomination meets to declare a nominee for the governor to appoint in
769     accordance with Subsection 20A-1-504(1)(b)(i); or
770          (ii) if a state office candidate decides to seek the appointment with less than seven days
771     before the party meets, or the political party schedules the meeting to declare a nominee less
772     than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
773     before the day on which the party meets; and
774          (b) is not required to file an interim report at the times described in Subsection (1).
775          (4) Each interim report shall include the following information:
776          (a) the net balance of the last summary report, if any;
777          (b) a single figure equal to the total amount of receipts reported on all prior interim
778     reports, if any, during the calendar year in which the interim report is due;
779          (c) a single figure equal to the total amount of expenditures reported on all prior
780     interim reports, if any, filed during the calendar year in which the interim report is due;
781          (d) a detailed listing of:
782          (i) for a state office candidate, each contribution received since the last summary report
783     that has not been reported in detail on a prior interim report; or
784          (ii) for a state officeholder, each [contribution and public service assistance] receipt
785     received since the last summary report that has not been reported in detail on a prior interim
786     report;
787          (e) for each nonmonetary contribution:
788          (i) the fair market value of the contribution with that information provided by the
789     contributor; and
790          (ii) a specific description of the contribution;
791          (f) a detailed listing of each expenditure made since the last summary report that has
792     not been reported in detail on a prior interim report;
793          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
794          (h) a net balance for the year consisting of the net balance from the last summary
795     report, if any, plus all receipts since the last summary report minus all expenditures since the
796     last summary report;
797          (i) a summary page in the form required by the lieutenant governor that identifies:
798          (i) beginning balance;
799          (ii) total [contributions and public service assistance] receipts received during the
800     period since the last statement;
801          (iii) total [contributions and public service assistance] receipts received to date;
802          (iv) total expenditures during the period since the last statement; and
803          (v) total expenditures to date; and
804          (j) the name of a political action committee for which the state office candidate or state
805     officeholder is designated as an officer who has primary decision-making authority under
806     Section 20A-11-601.
807          (5) (a) In preparing each interim report, all receipts and expenditures shall be reported
808     as of five days before the required filing date of the report.
809          (b) Any negotiable instrument or check received by a state office candidate or state
810     officeholder more than five days before the required filing date of a report required by this
811     section shall be included in the interim report, unless the check or negotiable instrument is
812     solely for public service travel assistance reported on a public service travel assistance
813     statement.
814          Section 9. Section 20A-11-204.5 is enacted to read:
815          20A-11-204.5. State officeholder -- Public service travel assistance statement --
816     Alternative disclosure method.
817          (1) A state officeholder is not required to disclose public service travel assistance under
818     Section 20A-11-203, 20A-11-204, 20A-11-205, or 20A-11-401 if:
819          (a) the public service travel assistance is not deposited into an account described in
820     Subsection 20A-11-201(1)(b); and
821          (b) the state officeholder discloses the public service travel assistance, in accordance
822     with this section, within 31 days after the day on which the state officeholder:
823          (i) receives the public service travel assistance; or
824          (ii) receives money to pay for, or reimburse the state officeholder for, the public service
825     travel assistance.
826          (2) A state officeholder may make the disclosure described in Subsection (1)(b) by
827     completing a public service travel assistance statement, on a form provided by the lieutenant
828     governor, that:
829          (a) describes the conference, meeting, tour, or other event in sufficient detail to
830     establish that primary purpose of attending was to provide education, training, or information
831     to the officeholder in relation to the duties of the officeholder; and
832          (b) provides a detailed listing for the public service travel assistance.
833          (3) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
834     Access and Management Act, the lieutenant governor shall make each public service travel
835     assistance statement filed by a state officeholder available for public inspection and copying no
836     later than one business day after the statement is filed.
837          (4) The lieutenant governor shall establish procedures for completing, submitting, and
838     disclosing the public service travel assistance statement, and information disclosed on the
839     statement:
840          (a) separately from the disclosure of:
841          (i) contributions;
842          (ii) expenditures;
843          (iii) public service general assistance; and
844          (iv) public service travel assistance disclosed under Section 20A-11-302, 20A-11-303,
845     20A-11-304, or 20A-11-401; and
846          (b) in a manner that clearly identifies that the public service travel assistance:
847          (i) does not constitute a campaign contribution; and
848          (ii) is to pay for the state officeholder to attend a conference, meeting, tour, or other
849     event, the primary purpose of which is to provide education, training, or information to the
850     officeholder in relation to the duties of the officeholder.
851          Section 10. Section 20A-11-205 is amended to read:
852          20A-11-205. State office candidate -- Financial reporting requirements --
853     Termination of duty to report.
854          (1) Each state office candidate and the candidate's personal campaign committee is
855     active and subject to interim reporting requirements until:
856          (a) the candidate withdraws or is eliminated in a convention or primary; or
857          (b) if seeking appointment as a midterm vacancy state office candidate:
858          (i) the political party liaison fails to forward the person's name to the governor; or
859          (ii) the governor fails to appoint the person to fill the vacancy.
860          (2) Each state office candidate and the candidate's personal campaign committee is
861     active and subject to year-end summary reporting requirements until the candidate has filed a
862     statement of dissolution with the lieutenant governor stating that:
863          (a) the state office candidate or the personal campaign committee is no longer receiving
864     [contributions] receipts and is no longer making expenditures;
865          (b) the ending balance on the last summary report filed is zero and the balance in the
866     separate bank account required in Section 20A-11-201 is zero; and
867          (c) a final summary report in the form required by Section 20A-11-203 showing a zero
868     balance is attached to the statement of dissolution.
869          (3) A statement of dissolution and a final summary report may be filed at any time.
870          (4) Each state office candidate and the candidate's personal campaign committee shall
871     continue to file the year-end summary report required by Section 20A-11-203 until the
872     statement of dissolution and final summary report required by this section are filed with the
873     lieutenant governor.
874          Section 11. Section 20A-11-301 is amended to read:
875          20A-11-301. Legislative office -- Campaign finance requirements -- Candidate as
876     a political action committee officer -- No personal use -- Contribution reporting deadline
877     -- Report other accounts -- Anonymous contributions.
878          (1) (a) [(i) Each] A legislative office candidate [shall deposit each contribution
879     received in] or the candidate's personal campaign committee shall deposit all receipts received
880     in the form of cash or a negotiable instrument into one or more separate accounts in a financial
881     institution that are dedicated only to that purpose.
882          [(ii)] (b) A legislative office candidate may:
883          [(A)] (i) receive a contribution from a political action committee registered under
884     Section 20A-11-601; and
885          [(B)] (ii) be designated by a political action committee as an officer who has primary
886     decision-making authority as described in Section 20A-11-601.
887          [(b)] (c) A legislative office candidate or the candidate's personal campaign committee
888     may not use money deposited in an account described in Subsection [(1)(a)(i)] (1)(a) for:
889          (i) a personal use expenditure; or
890          (ii) an expenditure prohibited by law.
891          [(c)] (2) [(i)] (a) [Each] Except as provided in Subsection (4), a legislative officeholder
892     or the legislative officeholder's personal campaign committee shall deposit each contribution
893     and public service assistance received in the form of cash or a negotiable instrument into one or
894     more separate accounts in a financial institution that are dedicated only to that purpose.
895          [(ii)] (b) A legislative officeholder may:
896          [(A)] (i) receive a contribution or public service assistance from a political action
897     committee registered under Section 20A-11-601; and
898          [(B)] (ii) be designated by a political action committee as an officer who has primary
899     decision-making authority as described in Section 20A-11-601.
900          [(d)] (c) A legislative officeholder or the legislative officeholder's personal campaign
901     committee may not use money deposited in an account described in Subsection [(1)(c)(i)]
902     (1)(a) or (2)(a) for:
903          (i) a personal use expenditure; or
904          (ii) an expenditure prohibited by law.
905          [(2)] (3) (a) A legislative office candidate or the legislative office candidate's personal
906     campaign committee may not deposit or mingle any contributions received into a personal or
907     business account.
908          (b) [A] Except as provided in Subsection (4), a legislative officeholder or the
909     legislative officeholder's personal campaign committee may not deposit or mingle any
910     contributions or public service assistance received into a personal or business account.
911          (4) A legislative officeholder or the legislative officeholder's personal campaign
912     committee is not required to deposit public service travel assistance into an account described
913     in Subsection (1)(a) or (2)(a), and may, instead, deposit the public service travel assistance into
914     a personal or business account if:
915          (a) the public service travel assistance is received as a reimbursement for personal
916     funds previously expended by the officeholder for travel, accommodations, food, and other
917     costs or expenses relating to the officeholder attending a conference, meeting, tour, or other
918     event, the primary purpose of which is to provide education, training, or information to the
919     officeholder in relation to the duties of the officeholder; and
920          (b) before the officeholder or the officeholder's personal campaign committee deposits
921     the public service travel assistance into a personal or business account, the officeholder
922     discloses the public service travel assistance in accordance with Section 20A-11-303.5.
923          [(3)] (5) If [a person] an individual who is no longer a legislative candidate chooses not
924     to expend the money remaining in a campaign account, the [person] individual shall continue
925     to file the year-end summary report required by Section 20A-11-302 until the statement of
926     dissolution and final summary report required by Section 20A-11-304 are filed with the
927     lieutenant governor.
928          [(4)] (6) (a) Except as provided in Subsection [(4)(b)] (6)(b) and Section 20A-11-402,
929     [a person] an individual who is no longer a legislative office candidate may not expend or
930     transfer the money in a campaign account in a manner that would cause the former legislative
931     office candidate to recognize the money as taxable income under federal tax law.
932          (b) [A person] An individual who is no longer a legislative office candidate may
933     transfer the money in a campaign account in a manner that would cause the former legislative
934     office candidate to recognize the money as taxable income under federal tax law if the transfer
935     is made to a campaign account for federal office.
936          [(5)] (7) (a) As used in this Subsection [(5)] (7), "received" means the same as that
937     term is defined in Subsection 20A-11-303(1)(b).
938          (b) Each legislative office candidate shall report to the lieutenant governor each
939     contribution received by the legislative office candidate:
940          (i) except as provided in Subsection [(5)(b)(ii)] (7)(b)(ii), within 31 days after the day
941     on which the contribution is received; or
942          (ii) within seven business days after the day on which the contribution is received, if:
943          (A) the legislative office candidate is contested in a convention and the contribution is
944     received within 30 days before the day on which the convention is held;
945          (B) the legislative office candidate is contested in a primary election and the
946     contribution is received within 30 days before the day on which the primary election is held; or
947          (C) the legislative office candidate is contested in a general election and the
948     contribution is received within 30 days before the day on which the general election is held.
949          (c) Except as provided in Subsection [(5)(d)] (7)(d), for each contribution that a
950     legislative office candidate fails to report within the time period described in Subsection
951     [(5)(b)] (7)(b), the lieutenant governor shall impose a fine against the legislative office
952     candidate in an amount equal to:
953          (i) 10% of the amount of the contribution, if the legislative office candidate reports the
954     contribution within 60 days after the day on which the time period described in Subsection
955     [(5)(b)] (7)(b) ends; or
956          (ii) 20% of the amount of the contribution, if the legislative office candidate fails to
957     report the contribution within 60 days after the day on which the time period described in
958     Subsection [(5)(b)] (7)(b) ends.
959          (d) The lieutenant governor may waive the fine described in Subsection [(5)(c)] (7)(c)
960     and issue a warning to the legislative office candidate if:
961          (i) the contribution that the legislative office candidate fails to report is paid by the
962     legislative office candidate from the legislative office candidate's personal funds;
963          (ii) the legislative office candidate has not previously violated Subsection [(5)(c)]
964     (7)(c) in relation to a contribution paid by the legislative office candidate from the legislative
965     office candidate's personal funds; and
966          (iii) the lieutenant governor determines that the failure to timely report the contribution
967     is due to the legislative office candidate not understanding that the reporting requirement
968     includes a contribution paid by a legislative office candidate from the legislative office
969     candidate's personal funds.
970          (e) The lieutenant governor shall:
971          (i) deposit money received under Subsection [(5)(c)] (7)(c) into the General Fund; and
972          (ii) report on the lieutenant governor's website, in the location where reports relating to
973     each legislative office candidate are available for public access:
974          (A) each fine imposed by the lieutenant governor against the legislative office
975     candidate;
976          (B) the amount of the fine;
977          (C) the amount of the contribution to which the fine relates; and
978          (D) the date of the contribution.
979          [(6)] (8) Within 31 days after receiving a contribution that is cash or a negotiable
980     instrument, exceeds $50, and is from an unknown source, a legislative office candidate shall
981     disburse the amount of the contribution to an organization that is exempt from federal income
982     taxation under Section 501(c)(3), Internal Revenue Code.
983          [(7)] (9) (a) As used in this Subsection [(7)] (9), "account" means an account in a
984     financial institution:
985          (i) that is not described in Subsection [(1)(a)(i)] (1)(a) or (2)(a); and
986          (ii) into which or from which [a person] an individual who, as a candidate for an office,
987     other than a legislative office for which the [person] individual files a declaration of candidacy
988     or federal office, or as a holder of an office, other than a legislative office for which the
989     [person] individual files a declaration of candidacy or federal office, deposits a contribution or
990     makes an expenditure.
991          (b) A legislative office candidate shall include on any financial statement filed in
992     accordance with this part:
993          (i) a [contribution] receipt deposited in an account:
994          (A) since the last campaign finance statement was filed; or
995          (B) that has not been reported under a statute or ordinance that governs the account; or
996          (ii) an expenditure made from an account:
997          (A) since the last campaign finance statement was filed; or
998          (B) that has not been reported under a statute or ordinance that governs the account.
999          Section 12. Section 20A-11-302 is amended to read:
1000          20A-11-302. Legislative office candidate -- Financial reporting requirements --
1001     Year-end summary report.
1002          (1) (a) Each legislative office candidate shall file a summary report [by] no earlier than
1003     January 1 and no later than January 10 of the year after the regular general election year.
1004          (b) In addition to the requirements of Subsection (1)(a), a former legislative office
1005     candidate that has not filed the statement of dissolution and final summary report required
1006     under Section 20A-11-304 shall continue to file a summary report [on] no earlier than January
1007     1 and no later than January 10 of each year.
1008          (2) (a) Each summary report shall include the following information as of December 31
1009     of the [previous] year immediately preceding the year of the report:
1010          (i) the net balance of the last financial statement, if any;
1011          (ii) a single figure equal to the total amount of receipts reported on all interim reports,
1012     if any, during the calendar year in which the summary report is due;
1013          (iii) a single figure equal to the total amount of expenditures reported on all interim
1014     reports, if any, filed during the previous year;
1015          (iv) a detailed listing of each contribution received since the last summary report that
1016     has not been reported in detail on an interim report;
1017          (v) for each nonmonetary contribution:
1018          (A) the fair market value of the contribution with that information provided by the
1019     contributor; and
1020          (B) a specific description of the contribution;
1021          (vi) a detailed listing of each expenditure made since the last summary report that has
1022     not been reported in detail on an interim report;
1023          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1024          (viii) a net balance for the year consisting of the net balance from the last summary
1025     report, if any, plus all receipts minus all expenditures; and
1026          (ix) the name of a political action committee for which the legislative office candidate
1027     is designated as an officer who has primary decision-making authority under Section
1028     20A-11-601.
1029          (b) In preparing the report, all receipts and expenditures shall be reported as of
1030     December 31 of the previous year.
1031          (c) A check or negotiable instrument received by a legislative office candidate on or
1032     before December 31 of the previous year shall be included in the summary report, unless the
1033     check or negotiable instrument is solely for public service travel assistance reported on a public
1034     service travel assistance statement.
1035          (3) The legislative office candidate shall certify in the summary report that to the best
1036     of the candidate's knowledge, all receipts and all expenditures have been reported as of
1037     December 31 of the previous year and that there are no bills or obligations outstanding and
1038     unpaid except as [set forth] described in that report.
1039          Section 13. Section 20A-11-303 is amended to read:
1040          20A-11-303. Legislative office candidate and legislative officeholder -- Financial
1041     reporting requirements -- Interim reports.
1042          (1) As used in this section:
1043          (a) "Campaign account" means a separate campaign account required under Subsection
1044     [20A-11-301(1)(a)(i) or (c)(i)] 20A-11-301(1) or (2).
1045          (b) "Received" means:
1046          (i) for a cash contribution, that the cash is given to a legislative office candidate or a
1047     member of the legislative office candidate's personal campaign committee;
1048          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1049     instrument or check is negotiated;
1050          (iii) for a direct deposit made into a campaign account by a person not associated with
1051     the campaign, the earlier of:
1052          (A) the day on which the legislative office candidate or a member of the legislative
1053     office candidate's personal campaign committee becomes aware of the deposit and the source
1054     of the deposit;
1055          (B) the day on which the legislative office candidate or a member of the legislative
1056     office candidate's personal campaign committee receives notice of the deposit and the source of
1057     the deposit by mail, email, text, or similar means; or
1058          (C) 31 days after the day on which the direct deposit occurs; or
1059          (iv) for any other type of contribution, that any portion of the contribution's benefit
1060     inures to the legislative office candidate.
1061          (2) Except as provided in Subsection (3), each legislative office candidate shall file an
1062     interim report at the following times in any year in which the candidate has filed a declaration
1063     of candidacy for a public office:
1064          (a) (i) seven days before the candidate's political convention; or
1065          (ii) for an unaffiliated candidate, the fourth Saturday in March;
1066          (b) seven days before the regular primary election date;
1067          (c) September 30; and
1068          (d) seven days before the regular general election date.
1069          (3) If a legislative office candidate is a legislative office candidate seeking appointment
1070     for a midterm vacancy, the legislative office candidate:
1071          (a) shall file an interim report:
1072          (i) (A) seven days before the day on which the political party of the party for which the
1073     legislative office candidate seeks nomination meets to declare a nominee for the governor to
1074     appoint in accordance with Section 20A-1-503; and
1075          (B) two days before the day on which the political party of the party for which the
1076     legislative office candidate seeks nomination meets to declare a nominee for the governor to
1077     appoint in accordance with Section 20A-1-503; or
1078          (ii) if the legislative office candidate decides to seek the appointment with less than
1079     seven days before the party meets, or the political party schedules the meeting to declare a
1080     nominee less than seven days before the day of the meeting, two days before the day on which
1081     the party meets; and
1082          (b) is not required to file an interim report at the times described in Subsection (2)(a).
1083          (4) Each interim report shall include the following information:
1084          (a) the net balance of the last summary report, if any;
1085          (b) a single figure equal to the total amount of receipts reported on all prior interim
1086     reports, if any, during the calendar year in which the interim report is due;
1087          (c) a single figure equal to the total amount of expenditures reported on all prior
1088     interim reports, if any, filed during the calendar year in which the interim report is due;
1089          (d) a detailed listing of:
1090          (i) for a legislative office candidate, each contribution received since the last summary
1091     report that has not been reported in detail on a prior interim report; or
1092          (ii) for a legislative officeholder, each [contribution and public service assistance]
1093     receipt received since the last summary report that has not been reported in detail on a prior
1094     interim report;
1095          (e) for each nonmonetary contribution:
1096          (i) the fair market value of the contribution with that information provided by the
1097     contributor; and
1098          (ii) a specific description of the contribution;
1099          (f) a detailed listing of each expenditure made since the last summary report that has
1100     not been reported in detail on a prior interim report;
1101          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1102          (h) a net balance for the year consisting of the net balance from the last summary
1103     report, if any, plus all receipts since the last summary report minus all expenditures since the
1104     last summary report;
1105          (i) a summary page in the form required by the lieutenant governor that identifies:
1106          (i) beginning balance;
1107          (ii) total [contributions and public service assistance] receipts received during the
1108     period since the last statement;
1109          (iii) total [contributions and public service] receipts assistance received to date;
1110          (iv) total expenditures during the period since the last statement; and
1111          (v) total expenditures to date; and
1112          (j) the name of a political action committee for which the legislative office candidate or
1113     legislative officeholder is designated as an officer who has primary decision-making authority
1114     under Section 20A-11-601.
1115          (5) (a) In preparing each interim report, all receipts and expenditures shall be reported
1116     as of five days before the required filing date of the report.
1117          (b) Any negotiable instrument or check received by a legislative office candidate or
1118     legislative officeholder more than five days before the required filing date of a report required
1119     by this section shall be included in the interim report, unless the negotiable instrument or check
1120     is solely for public service travel assistance reported on a public service travel assistance
1121     statement.
1122          Section 14. Section 20A-11-303.5 is enacted to read:
1123          20A-11-303.5. Legislative officeholder -- Public service travel assistance statement
1124     -- Alternative disclosure method.
1125          (1) A legislative officeholder is not required to disclose public service travel assistance
1126     under Section 20A-11-302, 20A-11-303, 20A-11-304, or 20A-11-401 if:
1127          (a) the public service travel assistance is not deposited into an account described in
1128     Subsection 20A-11-301(1)(a) or (2)(a); and
1129          (b) the legislative officeholder discloses the public service travel assistance, in
1130     accordance with this section, within 31 days after the day on which the legislative officeholder:
1131          (i) receives the public service travel assistance; or
1132          (ii) receives money to pay for, or reimburse the legislative officeholder for, the public
1133     service travel assistance.
1134          (2) A legislative officeholder may make the disclosure described in Subsection (1)(b)
1135     by completing a public service travel assistance statement, on a form provided by the lieutenant
1136     governor, that:
1137          (a) describes the conference, meeting, tour, or other event in sufficient detail to
1138     establish that the primary purpose of attending was to provide education, training, or
1139     information to the officeholder in relation to the duties of the officeholder; and
1140          (b) provides a detailed listing for the public service travel assistance.
1141          (3) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
1142     Access and Management Act, the lieutenant governor shall make each public service travel
1143     assistance statement filed by a legislative officeholder available for public inspection and
1144     copying no later than one business day after the statement is filed.
1145          (4) The lieutenant governor shall establish procedures for completing, submitting, and
1146     disclosing the public service travel assistance statement, and information disclosed on the
1147     statement:
1148          (a) separately from the disclosure of:
1149          (i) contributions;
1150          (ii) expenditures;
1151          (iii) public service general assistance; and
1152          (iv) public service travel assistance disclosed under Section 20A-11-302, 20A-11-303,
1153     20A-11-304, or 20A-11-401; and
1154          (b) in a manner that clearly identifies that the public service travel assistance:
1155          (i) does not constitute a campaign contribution; and
1156          (ii) is to pay for the legislative officeholder to attend a conference, meeting, tour, or
1157     other event, the primary purpose of which is to provide education, training, or information to
1158     the officeholder in relation to the duties of the officeholder.
1159          Section 15. Section 20A-11-304 is amended to read:
1160          20A-11-304. Legislative office candidate -- Financial reporting requirements --
1161     Termination of duty to report.
1162          (1) Each legislative office candidate is subject to interim reporting requirements until:
1163          (a) the candidate withdraws or is eliminated in a convention or primary; or
1164          (b) if seeking appointment as a midterm vacancy legislative office candidate:
1165          (i) the political party liaison fails to forward the person's name to the governor; or
1166          (ii) the governor fails to appoint the person to fill the vacancy.
1167          (2) Each legislative office candidate is subject to year-end summary reporting
1168     requirements until the candidate has filed a statement of dissolution with the lieutenant
1169     governor stating that:
1170          (a) the legislative office candidate is no longer receiving [contributions] receipts and is
1171     no longer making expenditures;
1172          (b) the ending balance on the last summary report filed is zero and the balance in the
1173     separate bank account required in Section 20A-11-301 is zero; and
1174          (c) a final summary report in the form required by Section 20A-11-302 showing a zero
1175     balance is attached to the statement of dissolution.
1176          (3) A statement of dissolution and a final summary report may be filed at any time.
1177          (4) Each legislative office candidate shall continue to file the year-end summary report
1178     required by Section 20A-11-302 until the statement of dissolution and final summary report
1179     required by this section are filed with the lieutenant governor.
1180          Section 16. Section 20A-11-401 is amended to read:
1181          20A-11-401. Officeholder financial reporting requirements -- Year-end summary
1182     report -- Officeholder as a political action committee officer -- Anonymous contribution
1183     or public service assistance.
1184          (1) (a) Each officeholder shall file a summary report by January 10 of each year.
1185          (b) An officeholder that is required to file a summary report both as an officeholder and
1186     as a candidate for office under the requirements of this chapter may file a single summary
1187     report as a candidate and an officeholder, provided that the combined report meets the
1188     requirements of:
1189          (i) this section; and
1190          (ii) the section that provides the requirements for the summary report filed by the
1191     officeholder in the officeholder's capacity of a candidate for office.
1192          (2) (a) Each summary report shall include the following information as of December 31
1193     of the previous year:
1194          (i) the net balance of the last summary report, if any;
1195          (ii) a single figure equal to the total amount of receipts received since the last summary
1196     report, if any;
1197          (iii) a single figure equal to the total amount of expenditures made since the last
1198     summary report, if any;
1199          (iv) a detailed listing of each [contribution and public service assistance] receipt
1200     received since the last summary report;
1201          (v) for each nonmonetary contribution:
1202          (A) the fair market value of the contribution with that information provided by the
1203     contributor; and
1204          (B) a specific description of the contribution;
1205          (vi) a detailed listing of each expenditure made since the last summary report;
1206          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1207          (viii) a net balance for the year consisting of the net balance from the last summary
1208     report plus all receipts minus all expenditures; and
1209          (ix) the name of a political action committee for which the officeholder is designated
1210     as an officer who has primary decision-making authority under Section 20A-11-601.
1211          (b) In preparing the report, all receipts and expenditures shall be reported as of
1212     December 31 of the previous year.
1213          (3) The summary report shall contain a paragraph signed by the officeholder certifying
1214     that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
1215     reported as of December 31 of the last calendar year and that there are no bills or obligations
1216     outstanding and unpaid except as set forth in that report.
1217          (4) An officeholder may:
1218          (a) receive public service assistance from a political action committee registered under
1219     Section 20A-11-601; and
1220          (b) be designated by a political action committee as an officer who has primary
1221     decision-making authority as described in Section 20A-11-601.
1222          (5) Within 31 days after receiving [a contribution or public service assistance that is]
1223     receipts that are cash or a negotiable instrument, exceeds $50, and is from an unknown source,
1224     an officeholder shall disburse the amount of the [contribution or public service assistance]
1225     receipts to:
1226          (a) the treasurer of the state or a political subdivision for deposit into the state's or
1227     political subdivision's general fund; or
1228          (b) an organization that is exempt from federal income taxation under Section
1229     501(c)(3), Internal Revenue Code.
1230          Section 17. Section 20A-11-402 is amended to read:
1231          20A-11-402. Officeholder financial reporting requirements -- Statement of
1232     dissolution.
1233          (1) An officeholder or former officeholder is active and subject to reporting
1234     requirements until the officeholder or former officeholder has filed a statement of dissolution
1235     with the lieutenant governor stating that:
1236          (a) the officeholder or former officeholder is no longer receiving [contributions or
1237     public service assistance] receipts and is no longer making expenditures;
1238          (b) the ending balance on the last summary report filed is zero and the balance in the
1239     separate bank account required by Section 20A-11-201, 20A-11-301, or 20A-11-1301 is zero;
1240     and
1241          (c) a final summary report in the form required by Section 20A-11-401 showing a zero
1242     balance is attached to the statement of dissolution.
1243          (2) A statement of dissolution and a final summary report may be filed at any time.
1244          (3) (a) Each officeholder shall report to the lieutenant governor each [contribution or
1245     public service assistance] receipt received by the state officeholder within 31 days after the day
1246     on which the officeholder receives the contribution or public service assistance.
1247          (b) For each [contribution or public service assistance] receipt that an officeholder fails
1248     to report within the time period described in Subsection (3)(a), the lieutenant governor shall
1249     impose a fine against the officeholder in an amount equal to:
1250          (i) 10% of the amount of the [contribution or public service assistance] receipt if the
1251     officeholder reports the contribution or public service assistance within 60 days after the day on
1252     which the time period described in Subsection (3)(a) ends; or
1253          (ii) 20% of the amount of the contribution or public service assistance if the
1254     officeholder fails to report the [contribution or public service assistance] receipt within 60 days
1255     after the day on which the time period described in Subsection (3)(a) ends.
1256          (c) Each officeholder or former officeholder shall continue to file the year-end
1257     summary report required by Section 20A-11-401 until the statement of dissolution and final
1258     summary report required by this section are filed with the lieutenant governor.
1259          (4) An officeholder or former officeholder may not use a contribution or public service
1260     assistance deposited in an account in accordance with this chapter for:
1261          (a) a personal use expenditure; or
1262          (b) an expenditure prohibited by law.
1263          (5) (a) Except as provided in Subsection (5)(b), a former officeholder may not expend
1264     or transfer the money in a campaign account in a manner that would cause the former
1265     officeholder to recognize the money as taxable income under federal tax law.
1266          (b) A former officeholder may transfer the money in a campaign account in a manner
1267     that would cause the former officeholder to recognize the money as taxable income under
1268     federal tax law if the transfer is made to a campaign account for federal office.
1269          Section 18. Section 20A-11-505.7 is amended to read:
1270          20A-11-505.7. Separate account for contributions for registered political party --
1271     Anonymous contributions to registered political party or county political party.
1272          (1) A registered political party shall deposit a contribution received in one or more
1273     separate campaign accounts in a financial institution.
1274          (2) A registered political party may not deposit or mingle a contribution received into a
1275     personal or business account.
1276          (3) A registered political party or county political party may not expend a contribution
1277     for a political [purposes] purpose or a political issues expenditure if the contribution:
1278          (a) is cash or a negotiable instrument;
1279          (b) exceeds $50; and
1280          (c) is from an unknown source.
1281          Section 19. Section 20A-11-601 is amended to read:
1282          20A-11-601. Political action committees -- Registration -- Name or acronym used
1283     by political action committee -- Criminal penalty for providing false information or
1284     accepting unlawful contribution.
1285          (1) (a) A political action committee shall file an initial statement of organization with
1286     the lieutenant governor's office no later than 5 p.m. seven days after the day on which the
1287     political action committee:
1288          (i) receives contributions totaling at least $750; or
1289          (ii) distributes expenditures for a political [purposes] purpose totaling at least $750.
1290          (b) Unless the political action committee has filed a notice of dissolution under
1291     Subsection (7), after filing an initial statement of organization, a political action committee
1292     shall file an updated statement of organization with the lieutenant governor's office each year
1293     after the year in which the political action committee files an initial statement of organization:
1294          (i) before 5 p.m. on January 10; or
1295          (ii) electronically, before midnight on January 10.
1296          (c) After filing an initial statement of organization, a political action committee shall,
1297     before January 10 each year after the year in which the political action committee files an initial
1298     statement of organization, file an updated statement of organization with the lieutenant
1299     governor's office.
1300          (2) A statement of organization described in Subsection (1) shall include:
1301          (a) the full name of the political action committee, a second name, if any, and an
1302     acronym, if any;
1303          (b) the address and phone number of the political action committee;
1304          (c) the name, address, telephone number, title, and occupation of:
1305          (i) the two officers described in Subsection (5) and the treasurer of the political action
1306     committee;
1307          (ii) all other officers, advisory members, and governing board members of the political
1308     action committee; and
1309          (iii) each individual or entity represented by, or affiliated with, the political action
1310     committee; and
1311          (d) other relevant information requested by the lieutenant governor.
1312          (3) (a) A political action committee may not use a name or acronym:
1313          (i) other than a name or acronym disclosed in the political action committee's latest
1314     statement of organization;
1315          (ii) that is the same, or deceptively similar to, the name or acronym of another political
1316     action committee; or
1317          (iii) that is likely to mislead a potential donor regarding the individuals or entities
1318     represented by, or affiliated with, the political action committee.
1319          (b) Within seven days after the day on which a political action committee files an
1320     initial statement of organization, the lieutenant governor's office shall:
1321          (i) review the statement and determine whether a name or acronym used by the
1322     political action committee violates Subsection (3)(a)(ii) or (iii); and
1323          (ii) if the lieutenant governor's office determines that a name or acronym used by the
1324     political action committee violates Subsection (3)(a)(ii) or (iii), order, in writing, that the
1325     political action committee:
1326          (A) immediately cease and desist use of the name or acronym; and
1327          (B) within seven days after the day of the order, file an updated statement of
1328     organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
1329          (c) If a political action committee uses a name or acronym that is the same, or
1330     deceptively similar to, the name or acronym of another political action committee, the
1331     lieutenant governor shall determine which political action committee has been using the name
1332     the longest and shall order, in writing, any other political action committee using the same, or a
1333     deceptively similar, name or acronym to:
1334          (i) immediately cease and desist use of the name or acronym; and
1335          (ii) within seven days after the day of the order, file an updated statement of
1336     organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
1337          (d) If a political action committee uses a name or acronym other than a name or
1338     acronym disclosed in the political action committee's latest statement of organization:
1339          (i) the lieutenant governor shall order, in writing, that the political action committee
1340     cease and desist use of the name or acronym; and
1341          (ii) the political action committee shall immediately comply with the order described in
1342     Subsection (3)(d)(i).
1343          (4) (a) The lieutenant governor may, in addition to any other penalty provided by law,
1344     impose a $100 fine against a political action committee, or against an individual who forms a
1345     political action committee, that:
1346          (i) fails to timely file a complete and accurate statement of organization or subsequent
1347     statement of organization; or
1348          (ii) fails to comply with an order described in Subsection (3).
1349          (b) If the lieutenant governor imposes a fine described in Subsection (4)(a)(i):
1350          (i) the person against whom the fine is imposed shall, within seven days after the day
1351     on which the lieutenant governor imposes the fine:
1352          (A) pay the fine; and
1353          (B) file a complete and accurate statement, or subsequent statement, of organization, as
1354     applicable; and
1355          (ii) the lieutenant governor shall provide written notice to the person against whom the
1356     fine is imposed:
1357          (A) of the requirements described in Subsection (4)(b)(i); and
1358          (B) that failure to timely comply with the requirement described in Subsection
1359     (4)(b)(i)(B) is a class B misdemeanor.
1360          (c) The attorney general, or a political action committee that is harmed by the action of
1361     a political action committee in violation of this section, may bring an action for an injunction
1362     against the violating political action committee, or an officer of the violating political action
1363     committee, to enforce the provisions of this section.
1364          (d) A political action committee may bring an action for damages against another
1365     political action committee that uses a name or acronym that is the same, or deceptively similar
1366     to, the name or acronym of the political action committee bringing the action.
1367          (5) (a) Each political action committee shall designate two officers who have primary
1368     decision-making authority for the political action committee.
1369          (b) An individual may not exercise primary decision-making authority for a political
1370     action committee if the individual is not designated under Subsection (5)(a).
1371          (6) A political action committee shall deposit each contribution received in one or
1372     more separate accounts in a financial institution that are dedicated only to that purpose.
1373          (7) (a) A registered political action committee that intends to permanently cease
1374     operations shall file a notice of dissolution with the lieutenant governor's office.
1375          (b) A notice of dissolution filed by a political action committee does not exempt the
1376     political action committee from complying with the financial reporting requirements described
1377     in this chapter in relation to all contributions received, and all expenditures made, before, at, or
1378     after dissolution.
1379          (c) A political action committee shall, before filing a notice of dissolution, dispose of
1380     any money remaining in an account described in Subsection (6) by:
1381          (i) returning the money to the donors;
1382          (ii) donating the money to the campaign account of a candidate or officeholder;
1383          (iii) donating the money to another political action committee;
1384          (iv) donating the money to a political party;
1385          (v) donating the money to an organization that is exempt from federal income taxation
1386     under Section 501(c)(3), Internal Revenue Code; or
1387          (vi) making another lawful expenditure of the money for a political purpose.
1388          (d) A political action committee shall report all money donated or expended in a
1389     financial report to the lieutenant governor, in accordance with the financial reporting
1390     requirements described in this chapter.
1391          (8) (a) Unless the political action committee has filed a notice of dissolution under
1392     Subsection (7), a political action committee shall file, with the lieutenant governor's office,
1393     notice of any change of an officer described in Subsection (5)(a).
1394          (b) A political action committee may not accept a contribution from a political issues
1395     committee, but may donate money to a political issues committee.
1396          (c) A political action committee shall:
1397          (i) file a notice of a change of a primary officer described in Subsection (5)(a) before 5
1398     p.m. within 10 days after the day on which the change occurs; and
1399          (ii) include in the notice of change the name and title of the officer being replaced, and
1400     the name, address, occupation, and title of the new officer.
1401          (9) (a) A person is guilty of providing false information in relation to a political action
1402     committee if the person intentionally or knowingly gives false or misleading material
1403     information in a statement of organization or the notice of change of primary officer.
1404          (b) Each primary officer designated in Subsection (5)(a) or (8)(c) is guilty of accepting
1405     an unlawful contribution if the political action committee knowingly or recklessly accepts a
1406     contribution from a corporation that:
1407          (i) was organized less than 90 days before the date of the general election; and
1408          (ii) at the time the political action committee accepts the contribution, has failed to file
1409     a statement of organization with the lieutenant governor's office as required by Section
1410     20A-11-704.
1411          (c) A violation of this Subsection (9) is a third degree felony.
1412          Section 20. Section 20A-11-602 is amended to read:
1413          20A-11-602. Political action committees -- Financial reporting.
1414          (1) (a) Each registered political action committee that has received contributions
1415     totaling at least $750, or disbursed expenditures totaling at least $750, during a calendar year
1416     shall file a verified financial statement with the lieutenant governor's office:
1417          (i) on January 10, reporting contributions and expenditures as of December 31 of the
1418     previous year;
1419          (ii) seven days before the state political convention of each major political party;
1420          (iii) seven days before the county political convention of a political party, if the
1421     political action committee makes an expenditure on or before the day described in Subsection
1422     (1)(b)(ii) in relation to a candidate that the party may nominate at the convention;
1423          (iv) seven days before the regular primary election date;
1424          (v) on September 30; and
1425          (vi) seven days before:
1426          (A) the municipal general election; and
1427          (B) the regular general election.
1428          (b) The registered political action committee shall report:
1429          (i) a detailed listing of all contributions received and expenditures made since the last
1430     statement; and
1431          (ii) for a financial statement described in Subsections (1)(a)(ii) through (v), all
1432     contributions and expenditures as of five days before the required filing date of the financial
1433     statement.
1434          (c) The registered political action committee need not file a statement under this
1435     section if it received no contributions and made no expenditures during the reporting period.
1436          (2) (a) The verified financial statement shall include:
1437          (i) the name and address of any individual who makes a contribution to the reporting
1438     political action committee, if known, and the amount of the contribution;
1439          (ii) the identification of any publicly identified class of individuals that makes a
1440     contribution to the reporting political action committee, if known, and the amount of the
1441     contribution;
1442          (iii) the name and address of any political action committee, group, or entity, if known,
1443     that makes a contribution to the reporting political action committee, and the amount of the
1444     contribution;
1445          (iv) for each nonmonetary contribution, the fair market value of the contribution;
1446          (v) the name and address of each reporting entity that received an expenditure from the
1447     reporting political action committee, and the amount of each expenditure;
1448          (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
1449          (vii) the total amount of contributions received and expenditures disbursed by the
1450     reporting political action committee;
1451          (viii) a statement by the political action committee's treasurer or chief financial officer
1452     certifying that, to the best of the person's knowledge, the financial report is accurate; and
1453          (ix) a summary page in the form required by the lieutenant governor that identifies:
1454          (A) beginning balance;
1455          (B) total contributions during the period since the last statement;
1456          (C) total contributions to date;
1457          (D) total expenditures during the period since the last statement; and
1458          (E) total expenditures to date.
1459          (b) (i) Contributions received by a political action committee that have a value of $50
1460     or less need not be reported individually, but shall be listed on the report as an aggregate total.
1461          (ii) Two or more contributions from the same source that have an aggregate total of
1462     more than $50 may not be reported in the aggregate, but shall be reported separately.
1463          (c) A political action committee is not required to report an independent expenditure
1464     under Part 17, Independent Expenditures, if, in the financial statement described in this section,
1465     the political action committee:
1466          (i) includes the independent expenditure;
1467          (ii) identifies the independent expenditure as an independent expenditure; and
1468          (iii) provides the information, described in Section 20A-11-1704, in relation to the
1469     independent expenditure.
1470          (3) A group or entity may not divide or separate into units, sections, or smaller groups
1471     for the purpose of avoiding the financial reporting requirements of this chapter, and substance
1472     shall prevail over form in determining the scope or size of a political action committee.
1473          (4) (a) As used in this Subsection (4), "received" means:
1474          (i) for a cash contribution, that the cash is given to a political action committee;
1475          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1476     instrument or check is negotiated; and
1477          (iii) for any other type of contribution, that any portion of the contribution's benefit
1478     inures to the political action committee.
1479          (b) A political action committee shall report each contribution to the lieutenant
1480     governor within 31 days after the contribution is received.
1481          (5) A political action committee may not expend a contribution for a political
1482     [purposes] purpose if the contribution:
1483          (a) is cash or a negotiable instrument;
1484          (b) exceeds $50; and
1485          (c) is from an unknown source.
1486          (6) Within 31 days after receiving a contribution that is cash or a negotiable
1487     instrument, exceeds $50, and is from an unknown source, a political action committee shall
1488     disburse the amount of the contribution to:
1489          (a) the treasurer of the state or a political subdivision for deposit into the state's or
1490     political subdivision's general fund; or
1491          (b) an organization that is exempt from federal income taxation under Section
1492     501(c)(3), Internal Revenue Code.
1493          Section 21. Section 20A-11-701.1 is amended to read:
1494          20A-11-701.1. Definitions.
1495          As used in this part, "political [purposes] purpose" means an act done with the intent or
1496     in a way to influence or tend to influence, directly or indirectly:
1497          (1) any person to refrain from voting or to vote for or against any:
1498          (a) candidate or a person seeking a municipal or county office at any caucus, political
1499     convention, or election;
1500          (b) judge standing for retention at any election;
1501          (c) ballot proposition; or
1502          (d) incorporation election; or
1503          (2) any person to sign, refrain from signing, remove the person's signature from, or
1504     refrain from removing the person's signature from, a petition for a ballot proposition or an
1505     incorporation petition.
1506          Section 22. Section 20A-11-701.5 is amended to read:
1507          20A-11-701.5. Campaign financial reporting by corporations -- Filing
1508     requirements -- Statement contents.
1509          (1) (a) Each corporation that has made expenditures for a political [purposes] purpose
1510     that total at least $750 during a calendar year shall file a verified financial statement with the
1511     lieutenant governor's office:
1512          (i) on January 10, reporting expenditures as of December 31 of the previous year;
1513          (ii) seven days before the state political convention for each major political party;
1514          (iii) seven days before the regular primary election date;
1515          (iv) on September 30; and
1516          (v) seven days before the regular general election date.
1517          (b) The corporation shall report:
1518          (i) a detailed listing of all expenditures made since the last financial statement;
1519          (ii) for a financial statement described in Subsections (1)(a)(ii) through (v), all
1520     expenditures as of five days before the required filing date of the financial statement; and
1521          (iii) whether the corporation, including an officer of the corporation, director of the
1522     corporation, or person with at least 10% ownership in the corporation:
1523          (A) has bid since the last financial statement on a contract, as defined in Section
1524     63G-6a-103, in excess of $100,000;
1525          (B) is currently bidding on a contract, as defined in Section 63G-6a-103, in excess of
1526     $100,000; or
1527          (C) is a party to a contract, as defined in Section 63G-6a-103, in excess of $100,000.
1528          (c) The corporation need not file a financial statement under this section if the
1529     corporation made no expenditures during the reporting period.
1530          (d) The corporation is not required to report an expenditure made to, or on behalf of, a
1531     reporting entity that the reporting entity is required to include in a financial statement described
1532     in this chapter, Chapter 12, Part 2, Judicial Retention Elections, Section 10-3-208, or Section
1533     17-16-6.5.
1534          (2) The financial statement shall include:
1535          (a) the name and address of each reporting entity that received an expenditure from the
1536     corporation, and the amount of each expenditure;
1537          (b) the total amount of expenditures disbursed by the corporation; and
1538          (c) a statement by the corporation's treasurer or chief financial officer certifying the
1539     accuracy of the financial statement.
1540          Section 23. Section 20A-11-904 is amended to read:
1541          20A-11-904. Contribution given in another's name prohibited.
1542          A person may not:
1543          (1) make a contribution or provide public service assistance in the name of another;
1544          (2) knowingly permit another to make a contribution or provide public service
1545     assistance in the person's name; or
1546          (3) knowingly accept a contribution or public service assistance made by one person in
1547     the name of another.
1548          Section 24. Section 20A-11-1202 is amended to read:
1549          20A-11-1202. Definitions.
1550          As used in this part:
1551          (1) "Applicable election officer" means:
1552          (a) a county clerk, if the email relates only to a local election; or
1553          (b) the lieutenant governor, if the email relates to an election other than a local
1554     election.
1555          (2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
1556     judicial retention questions, opinion questions, bond approvals, or other questions submitted to
1557     the voters for their approval or rejection.
1558          (3) "Campaign contribution" means any of the following when done for a political
1559     purpose or to advocate for or against a ballot proposition:
1560          (a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
1561     given to a filing entity;
1562          (b) an express, legally enforceable contract, promise, or agreement to make a gift,
1563     subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
1564     of value to a filing entity;
1565          (c) any transfer of funds from another reporting entity to a filing entity;
1566          (d) compensation paid by any person or reporting entity other than the filing entity for
1567     personal services provided without charge to the filing entity;
1568          (e) remuneration from:
1569          (i) any organization or the organization's directly affiliated organization that has a
1570     registered lobbyist; or
1571          (ii) any agency or subdivision of the state, including a school district; or
1572          (f) an in-kind contribution.
1573          (4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
1574     agency that receives its revenues from conduct of its commercial operations.
1575          (b) "Commercial interlocal cooperation agency" does not mean an interlocal
1576     cooperation agency that receives some or all of its revenues from:
1577          (i) government appropriations;
1578          (ii) taxes;
1579          (iii) government fees imposed for regulatory or revenue raising purposes; or
1580          (iv) interest earned on public funds or other returns on investment of public funds.
1581          (5) "Expenditure" means:
1582          (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1583     or anything of value;
1584          (b) an express, legally enforceable contract, promise, or agreement to make any
1585     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1586     value;
1587          (c) a transfer of funds between a public entity and a candidate's personal campaign
1588     committee;
1589          (d) a transfer of funds between a public entity and a political issues committee; or
1590          (e) goods or services provided to or for the benefit of a candidate, a candidate's
1591     personal campaign committee, or a political issues committee for a political [purposes] purpose
1592     at less than fair market value.
1593          (6) "Filing entity" means the same as that term is defined in Section 20A-11-101.
1594          (7) "Governmental interlocal cooperation agency" means an interlocal cooperation
1595     agency that receives some or all of its revenues from:
1596          (a) government appropriations;
1597          (b) taxes;
1598          (c) government fees imposed for regulatory or revenue raising purposes; or
1599          (d) interest earned on public funds or other returns on investment of public funds.
1600          (8) "Influence" means to campaign or advocate for or against a ballot proposition.
1601          (9) "Interlocal cooperation agency" means an entity created by interlocal agreement
1602     under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
1603          (10) "Local district" means an entity under Title 17B, Limited Purpose Local
1604     Government Entities - Local Districts, and includes a special service district under Title 17D,
1605     Chapter 1, Special Service District Act.
1606          (11) "Political [purposes] purpose" means an act done with the intent or in a way to
1607     influence or intend to influence, directly or indirectly, any person to refrain from voting or to
1608     vote for or against any:
1609          (a) candidate for public office at any caucus, political convention, primary, or election;
1610     or
1611          (b) judge standing for retention at any election.
1612          (12) "Proposed initiative" means an initiative proposed in an application filed under
1613     Section 20A-7-202 or 20A-7-502.
1614          (13) "Proposed referendum" means a referendum proposed in an application filed
1615     under Section 20A-7-302 or 20A-7-602.
1616          (14) (a) "Public entity" includes the state, each state agency, each county, municipality,
1617     school district, local district, governmental interlocal cooperation agency, and each
1618     administrative subunit of each of them.
1619          (b) "Public entity" does not include a commercial interlocal cooperation agency.
1620          (c) "Public entity" includes local health departments created under Title 26, Chapter 1,
1621     Department of Health Organization.
1622          (15) (a) "Public funds" means any money received by a public entity from
1623     appropriations, taxes, fees, interest, or other returns on investment.
1624          (b) "Public funds" does not include money donated to a public entity by a person or
1625     entity.
1626          (16) (a) "Public official" means an elected or appointed member of government with
1627     authority to make or determine public policy.
1628          (b) "Public official" includes the person or group that:
1629          (i) has supervisory authority over the personnel and affairs of a public entity; and
1630          (ii) approves the expenditure of funds for the public entity.
1631          (17) "Reporting entity" means the same as that term is defined in Section 20A-11-101.
1632          (18) (a) "State agency" means each department, commission, board, council, agency,
1633     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
1634     unit, bureau, panel, or other administrative unit of the state.
1635          (b) "State agency" includes the legislative branch, the Utah Board of Higher Education,
1636     each institution of higher education board of trustees, and each higher education institution.
1637          Section 25. Section 20A-11-1203 is amended to read:
1638          20A-11-1203. Public entity prohibited from expending public funds on certain
1639     electoral matters.
1640          (1) Unless specifically required by law, and except as provided in Section
1641     20A-11-1206, a public entity may not:
1642          (a) make an expenditure from public funds for a political [purposes] purpose, to
1643     influence a ballot proposition, or to influence a proposed initiative or proposed referendum; or
1644          (b) publish on the public entity's website an argument for or against a ballot
1645     proposition, a proposed initiative, or a proposed referendum.
1646          (2) A violation of this section does not invalidate an otherwise valid election.
1647          (3) This section does not prohibit the reasonable expenditure of public funds to gather
1648     information for, and respond directly to, an individual who makes an inquiry regarding a ballot
1649     proposition, a proposed initiative, or a proposed referendum.
1650          (4) This section does not prohibit:
1651          (a) a public entity from conducting research, or collecting and compiling information
1652     or arguments in relation to, a ballot proposition, a proposed initiative, or a proposed
1653     referendum;
1654          (b) an elected or appointed official of the public entity described in Subsection (4)(a)
1655     from using the research, information, or arguments described in Subsection (4)(a) for the
1656     purpose of advocating for or against a ballot proposition, proposed initiative, or proposed
1657     referendum via a website, or another medium, not owned or controlled by the public entity;
1658          (c) a public entity from posting on the public entity's website a link to another website,
1659     with a brief description, that is not owned or controlled by a public entity, or from publishing in
1660     any medium owned, controlled, or paid for by a public entity a website address, with a brief
1661     description, where an individual may view research, information, and arguments for or against
1662     a ballot proposition, proposed initiative, or proposed referendum if the public entity:
1663          (i) before posting the link or publishing the address, provides at least seven days
1664     written notice to the sponsors of the ballot proposition, proposed initiative, or proposed
1665     referendum:
1666          (A) of the public entity's intent to post the link or publish the address;
1667          (B) a description of each medium in which the public entity intends to post the link or
1668     publish the address; and
1669          (C) the dates of the publication or posting; and
1670          (ii) posts, immediately adjacent to the link or address, and brief description described
1671     in Subsection [(4)(c)(i)] (4)(c), a link to, or an address for, a website, with a brief description,
1672     containing the sponsors' research, information, and arguments for or against the ballot
1673     proposition, proposed initiative, or proposed referendum, if the sponsors provide a link or
1674     address within seven days after the day on which the sponsors receive the notice described in
1675     Subsection (4)(c)(i); or
1676          (d) a public entity from posting on the public entity's website, or any medium, a
1677     complete copy of a proposition information pamphlet described in Section 20A-7-401.5 or a
1678     voter information pamphlet.
1679          Section 26. Section 20A-11-1206 is amended to read:
1680          20A-11-1206. Exclusions.
1681          (1) Nothing in this chapter prohibits a public official from speaking, campaigning,
1682     contributing personal money, or otherwise exercising the public official's individual First
1683     Amendment rights for a political [purposes] purpose.
1684          (2) (a) Subject to Subsection (2)(b), nothing in this chapter prohibits a public entity
1685     from providing factual information about a ballot proposition to the public, so long as the
1686     information grants equal access to both the opponents and proponents of the ballot proposition.
1687          (b) A county or municipality may not provide any information to the public about a
1688     proposed initiative, initiative, proposed referendum, or referendum unless the county or
1689     municipality:
1690          (i) provides the information in a manner required, or expressly permitted, by law; or
1691          (ii) is directly providing information solely to a person or a group of people in response
1692     to a question asked by the person or group of people.
1693          (3) Nothing in this chapter prohibits a public entity from the neutral encouragement of
1694     voters to vote.
1695          (4) Nothing in this chapter prohibits an elected official from campaigning or
1696     advocating for or against a ballot proposition.
1697          (5) Subject to Subsection (6), a county or municipality may expend a reasonable
1698     amount of public funds to:
1699          (a) prepare and publish a written argument or written rebuttal argument in accordance
1700     with Section 20A-7-401.5, 20A-7-402, or 59-1-1604; or
1701          (b) prepare an argument for, and present an argument at, a public meeting under
1702     Section 20A-7-405 or 59-1-1605.
1703          (6) A county or municipality may not:
1704          (a) publish an argument or rebuttal argument prepared under Section 20A-7-401.5 or
1705     20A-7-402, unless, at the same time and in the same manner, the county or municipality
1706     publishes each opposing argument and rebuttal argument that:
1707          (i) relates to the same proposed initiative, initiative, proposed referendum, or
1708     referendum; and
1709          (ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402;
1710          (b) publish an argument or rebuttal argument for or against a proposed initiative,
1711     initiative, proposed referendum, or referendum that was not prepared and submitted in
1712     accordance with Section 20A-7-401.5 or 20A-7-402; or
1713          (c) present an argument or rebuttal argument for or against a proposed initiative,
1714     initiative, proposed referendum, or referendum at a public meeting, unless the county or
1715     municipality provides equal opportunity for persons to present opposing arguments and rebuttal
1716     arguments at the public meeting.
1717          Section 27. Section 20A-11-1301 is amended to read:
1718          20A-11-1301. School board office -- Campaign finance requirements -- Candidate
1719     as a political action committee officer -- No personal use -- Contribution reporting
1720     deadline -- Report other accounts -- Anonymous contributions.
1721          (1) (a) [(i) Each] A school board office candidate [shall deposit each contribution
1722     received in] or the candidate's personal campaign committee shall deposit all receipts received
1723     in the form of cash or a negotiable instrument into one or more separate accounts in a financial
1724     institution that are dedicated only to that purpose.
1725          [(ii)] (b) A school board office candidate may:
1726          [(A)] (i) receive a contribution from a political action committee registered under
1727     Section 20A-11-601; and
1728          [(B)] (ii) be designated by a political action committee as an officer who has primary
1729     decision-making authority as described in Section 20A-11-601.
1730          [(b)] (c) A school board office candidate or the candidate's personal campaign
1731     committee may not use money deposited in an account described in Subsection [(1)(a)(i)]
1732     (1)(a) for:
1733          (i) a personal use expenditure; or
1734          (ii) an expenditure prohibited by law.
1735          [(c)] (2) [(i)] (a) [Each] Except as provided in Subsection (4), a school board
1736     officeholder or the school board officeholder's personal campaign committee shall deposit each
1737     contribution and public service assistance received in the form of cash or a negotiable
1738     instrument into one or more separate accounts in a financial institution that are dedicated only
1739     to that purpose.
1740          [(ii)] (b) A school board officeholder may:
1741          [(A)] (i) receive a contribution or public service assistance from a political action
1742     committee registered under Section 20A-11-601; and
1743          [(B)] (ii) be designated by a political action committee as an officer who has primary
1744     decision-making authority as described in Section 20A-11-601.
1745          [(d)] (c) A school board officeholder or the school board officeholder's personal
1746     campaign committee may not use money deposited in an account described in Subsection
1747     [(1)(a)(i) or (1)(c)(i)] (1)(a) or (2)(a) for:
1748          (i) a personal use expenditure; or
1749          (ii) an expenditure prohibited by law.
1750          [(2)] (3) (a) A school board office candidate or the school board officeholder's personal
1751     campaign committee may not deposit or mingle any contributions received into a personal or
1752     business account.
1753          (b) [A] Except as provided in Subsection (4), a school board officeholder or the school
1754     board officeholder's personal campaign committee may not deposit or mingle any contributions
1755     or public service assistance received into a personal or business account.
1756          (4) A school board officeholder or the school board officeholder's personal campaign
1757     committee is not required to deposit public service travel assistance into an account described
1758     in Subsection (1)(a) or (2)(a), and may, instead, deposit the public service travel assistance into
1759     a personal or business account if:
1760          (a) the public service travel assistance is received as a reimbursement for personal
1761     funds previously expended by the officeholder for travel, accommodations, food, and other
1762     costs or expenses relating to the officeholder attending a conference, meeting, tour, or other
1763     event, the primary purpose of which is to provide education, training, or information to the
1764     officeholder in relation to the duties of the officeholder; and
1765          (b) before the officeholder or the officeholder's personal campaign committee deposits
1766     the public service travel assistance into a personal or business account, the officeholder
1767     discloses the public service travel assistance in accordance with Section 20A-11-1303.5.
1768          [(3)] (5) A school board office candidate or school board officeholder may not make
1769     any political expenditures prohibited by law.
1770          [(4)] (6) If [a person] an individual who is no longer a school board office candidate
1771     chooses not to expend the money remaining in a campaign account, the [person] individual
1772     shall continue to file the year-end summary report required by Section 20A-11-1302 until the
1773     statement of dissolution and final summary report required by Section 20A-11-1304 are filed
1774     with the lieutenant governor.
1775          [(5)] (7) (a) Except as provided in Subsection [(5)(b)] (7)(b) and Section 20A-11-402,
1776     [a person] an individual who is no longer a school board office candidate may not expend or
1777     transfer the money in a campaign account in a manner that would cause the former school
1778     board office candidate to recognize the money as taxable income under federal tax law.
1779          (b) [A person] An individual who is no longer a school board office candidate may
1780     transfer the money in a campaign account in a manner that would cause the former school
1781     board office candidate to recognize the money as taxable income under federal tax law if the
1782     transfer is made to a campaign account for federal office.
1783          [(6)] (8) (a) As used in this Subsection [(6)] (8), "received" means the same as that
1784     term is defined in Subsection 20A-11-1303(1)(a).
1785          (b) Except as provided in Subsection [(6)(d)] (8)(d), each school board office candidate
1786     shall report to the chief election officer each contribution received by the school board office
1787     candidate:
1788          (i) except as provided in Subsection [(6)(b)(ii)] (8)(b)(ii), within 31 days after the day
1789     on which the contribution is received; or
1790          (ii) within seven business days after the day on which the contribution is received, if:
1791          (A) the school board office candidate is contested in a convention and the contribution
1792     is received within 30 days before the day on which the convention is held;
1793          (B) the school board office candidate is contested in a primary election and the
1794     contribution is received within 30 days before the day on which the primary election is held; or
1795          (C) the school board office candidate is contested in a general election and the
1796     contribution is received within 30 days before the day on which the general election is held.
1797          (c) For each contribution that a school board office candidate fails to report within the
1798     time period described in Subsection [(6)(b)] (8)(b), the chief election officer shall impose a fine
1799     against the school board office candidate in an amount equal to:
1800          (i) 10% of the amount of the contribution, if the school board office candidate reports
1801     the contribution within 60 days after the day on which the time period described in Subsection
1802     [(6)(b)] (8)(b) ends; or
1803          (ii) 20% of the amount of the contribution, if the school board office candidate fails to
1804     report the contribution within 60 days after the day on which the time period described in
1805     Subsection [(6)(b)] (8)(b) ends.
1806          (d) The lieutenant governor may waive the fine described in Subsection [(6)(c)] (8)(c)
1807     and issue a warning to the school board office candidate if:
1808          (i) the contribution that the school board office candidate fails to report is paid by the
1809     school board office candidate from the school board office candidate's personal funds;
1810          (ii) the school board office candidate has not previously violated Subsection [(6)(c)]
1811     (8)(c) in relation to a contribution paid by the school board office candidate from the school
1812     board office candidate's personal funds; and
1813          (iii) the lieutenant governor determines that the failure to timely report the contribution
1814     is due to the school board office candidate not understanding that the reporting requirement
1815     includes a contribution paid by a school board office candidate from the school board office
1816     candidate's personal funds.
1817          (e) The chief election officer shall:
1818          (i) deposit money received under Subsection [(6)(c)] (8)(c) into the General Fund; and
1819          (ii) report on the chief election officer's website, in the location where reports relating
1820     to each school board office candidate are available for public access:
1821          (A) each fine imposed by the chief election officer against the school board office
1822     candidate;
1823          (B) the amount of the fine;
1824          (C) the amount of the contribution to which the fine relates; and
1825          (D) the date of the contribution.
1826          [(7)] (9) Within 31 days after receiving a contribution that is cash or a negotiable
1827     instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
1828     disburse the contribution to an organization that is exempt from federal income taxation under
1829     Section 501(c)(3), Internal Revenue Code.
1830          [(8)] (10) (a) As used in this Subsection [(8)] (10), "account" means an account in a
1831     financial institution:
1832          (i) that is not described in Subsection [(1)(a)(i)] (1)(a) or (2)(a); and
1833          (ii) into which or from which [a person] an individual who, as a candidate for an office,
1834     other than a school board office for which the person files a declaration of candidacy or federal
1835     office, or as a holder of an office, other than a school board office for which the [person]
1836     individual files a declaration of candidacy or federal office, deposits a contribution or makes an
1837     expenditure.
1838          (b) A school board office candidate shall include on any financial statement filed in
1839     accordance with this part:
1840          (i) a [contribution] receipt deposited in an account:
1841          (A) since the last campaign finance statement was filed; or
1842          (B) that has not been reported under a statute or ordinance that governs the account; or
1843          (ii) an expenditure made from an account:
1844          (A) since the last campaign finance statement was filed; or
1845          (B) that has not been reported under a statute or ordinance that governs the account.
1846          Section 28. Section 20A-11-1302 is amended to read:
1847          20A-11-1302. School board office candidate -- Financial reporting requirements
1848     -- Year-end summary report.
1849          (1) (a) Each school board office candidate shall file a summary report [by] no earlier
1850     than January 1 and no later than January 10 of the year after the regular general election year.
1851          (b) In addition to the requirements of Subsection (1)(a), a former school board office
1852     candidate that has not filed the statement of dissolution and final summary report required
1853     under Section 20A-11-1304 shall continue to file a summary report [on] no earlier than January
1854     1 and no later than January 10 of each year.
1855          (2) (a) Each summary report shall include the following information as of December 31
1856     of the [previous] year immediately preceding the year of the report:
1857          (i) the net balance of the last financial statement, if any;
1858          (ii) a single figure equal to the total amount of receipts reported on all interim reports,
1859     if any, during the previous year;
1860          (iii) a single figure equal to the total amount of expenditures reported on all interim
1861     reports, if any, filed during the previous year;
1862          (iv) a detailed listing of each contribution received since the last summary report that
1863     has not been reported in detail on an interim report;
1864          (v) for each nonmonetary contribution:
1865          (A) the fair market value of the contribution with that information provided by the
1866     contributor; and
1867          (B) a specific description of the contribution;
1868          (vi) a detailed listing of each expenditure made since the last summary report that has
1869     not been reported in detail on an interim report;
1870          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1871          (viii) a net balance for the year consisting of the net balance from the last summary
1872     report, if any, plus all receipts minus all expenditures; and
1873          (ix) the name of a political action committee for which the school board office
1874     candidate is designated as an officer who has primary decision-making authority under Section
1875     20A-11-601.
1876          (b) In preparing the report, all receipts and expenditures shall be reported as of
1877     December 31 of the previous year.
1878          (c) A check or negotiable instrument received by a school board office candidate on or
1879     before December 31 of the previous year shall be included in the summary report, unless the
1880     check or negotiable instrument is solely for public service travel assistance reported on a public
1881     service travel assistance statement.
1882          (3) The school board office candidate shall certify in the summary report that, to the
1883     best of the school board office candidate's knowledge, all receipts and all expenditures have
1884     been reported as of December 31 of the previous year and that there are no bills or obligations
1885     outstanding and unpaid except as [set forth] described in that report.
1886          Section 29. Section 20A-11-1303 is amended to read:
1887          20A-11-1303. School board office candidate and school board officeholder --
1888     Financial reporting requirements -- Interim reports.
1889          (1) (a) As used in this section, "received" means:
1890          (i) for a cash contribution, that the cash is given to a school board office candidate or a
1891     member of the school board office candidate's personal campaign committee;
1892          (ii) for a contribution that is a check or other negotiable instrument, that the check or
1893     other negotiable instrument is negotiated;
1894          (iii) for a direct deposit made into a campaign account by a person not associated with
1895     the campaign, the earlier of:
1896          (A) the day on which the school board office candidate or a member of the school
1897     board office candidate's personal campaign committee becomes aware of the deposit and the
1898     source of the deposit;
1899          (B) the day on which the school board office candidate or a member of the school
1900     board office candidate's personal campaign committee receives notice of the deposit and the
1901     source of the deposit by mail, email, text, or similar means; or
1902          (C) 31 days after the day on which the direct deposit occurs; or
1903          (iv) for any other type of contribution, that any portion of the contribution's benefit
1904     inures to the school board office candidate.
1905          (b) As used in this Subsection (1), "campaign account" means a separate campaign
1906     account required under Subsection [20A-11-1301(1)(a)(i) or (c)(i)] 20A-11-1301(1) or (2).
1907          (c) Each school board office candidate shall file an interim report at the following
1908     times in any year in which the candidate has filed a declaration of candidacy for a public office:
1909          (i) May 15;
1910          (ii) seven days before the regular primary election date;
1911          (iii) September 30; and
1912          (iv) seven days before the regular general election date.
1913          (2) Each interim report shall include the following information:
1914          (a) the net balance of the last summary report, if any;
1915          (b) a single figure equal to the total amount of receipts reported on all prior interim
1916     reports, if any, during the calendar year in which the interim report is due;
1917          (c) a single figure equal to the total amount of expenditures reported on all prior
1918     interim reports, if any, filed during the calendar year in which the interim report is due;
1919          (d) a detailed listing of:
1920          (i) for a school board office candidate, each contribution received since the last
1921     summary report that has not been reported in detail on a prior interim report; or
1922          (ii) for a school board officeholder, each [contribution and public service assistance]
1923     receipt received since the last summary report that has not been reported in detail on a prior
1924     interim report;
1925          (e) for each nonmonetary contribution:
1926          (i) the fair market value of the contribution with that information provided by the
1927     contributor; and
1928          (ii) a specific description of the contribution;
1929          (f) a detailed listing of each expenditure made since the last summary report that has
1930     not been reported in detail on a prior interim report;
1931          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1932          (h) a net balance for the year consisting of the net balance from the last summary
1933     report, if any, plus all receipts since the last summary report minus all expenditures since the
1934     last summary report;
1935          (i) a summary page in the form required by the lieutenant governor that identifies:
1936          (i) beginning balance;
1937          (ii) total [contributions] receipts received during the period since the last statement;
1938          (iii) total [contributions] receipts received to date;
1939          (iv) total expenditures during the period since the last statement; and
1940          (v) total expenditures to date; and
1941          (j) the name of a political action committee for which the school board office candidate
1942     or school board officeholder is designated as an officer who has primary decision-making
1943     authority under Section 20A-11-601.
1944          (3) (a) In preparing each interim report, all receipts and expenditures shall be reported
1945     as of five days before the required filing date of the report.
1946          (b) Any negotiable instrument or check received by a school board office candidate or
1947     school board officeholder more than five days before the required filing date of a report
1948     required by this section shall be included in the interim report, unless the negotiable instrument
1949     or check is solely for public service travel assistance reported on a public service travel
1950     assistance statement.
1951          Section 30. Section 20A-11-1303.5 is enacted to read:
1952          20A-11-1303.5. School board officeholder -- Public service travel assistance
1953     statement -- Alternative disclosure method.
1954          (1) A school board officeholder is not required to disclose public service travel
1955     assistance under Section 20A-11-1302, 20A-11-1303, 20A-11-1304, or 20A-11-401 if:
1956          (a) the public service travel assistance is not deposited into an account described in
1957     Subsection 20A-11-301(1)(a) or (2)(a); and
1958          (b) the school board officeholder discloses the public service travel assistance, in
1959     accordance with this section, within 31 days after the day on which the school board
1960     officeholder:
1961          (i) receives the public service travel assistance; or
1962          (ii) receives money to pay for, or reimburse the school board officeholder for, the
1963     public service travel assistance.
1964          (2) A school board officeholder may make the disclosure described in Subsection
1965     (1)(b) by completing a public service travel assistance statement, on a form provided by the
1966     lieutenant governor, that:
1967          (a) describes the conference, meeting, tour, or other event in sufficient detail to
1968     establish that the primary purpose of attending was to provide education, training, or
1969     information to the officeholder in relation to the duties of the officeholder; and
1970          (b) provides a detailed listing for the public service travel assistance.
1971          (3) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
1972     Access and Management Act, the lieutenant governor shall make each public service travel
1973     assistance statement filed by a school board officeholder available for public inspection and
1974     copying no later than one business day after the statement is filed.
1975          (4) The lieutenant governor shall establish procedures for completing, submitting, and
1976     disclosing the public service travel assistance statement, and information disclosed on the
1977     statement:
1978          (a) separately from the disclosure of:
1979          (i) contributions;
1980          (ii) expenditures;
1981          (iii) public service general assistance; and
1982          (iv) public service travel assistance disclosed under Section 20A-11-302, 20A-11-303,
1983     20A-11-304, or 20A-11-401; and
1984          (b) in a manner that clearly identifies that the public service travel assistance:
1985          (i) does not constitute a campaign contribution; and
1986          (ii) is to pay for the school board officeholder to attend a conference, meeting, tour, or
1987     other event, the primary purpose of which is to provide education, training, or information to
1988     the officeholder in relation to the duties of the officeholder.
1989          Section 31. Section 20A-11-1304 is amended to read:
1990          20A-11-1304. School board office candidate -- Financial reporting requirements
1991     -- Termination of duty to report.
1992          (1) Each school board candidate is subject to interim reporting requirements until the
1993     candidate withdraws or is eliminated in a primary.
1994          (2) Each school board office candidate is subject to year-end summary reporting
1995     requirements until the candidate has filed a statement of dissolution with the lieutenant
1996     governor stating that:
1997          (a) the school board office candidate is no longer receiving [contributions] receipts and
1998     is no longer making expenditures;
1999          (b) the ending balance on the last summary report filed is zero and the balance in the
2000     separate bank account required in Section 20A-11-1301 is zero; and
2001          (c) a final summary report in the form required by Section 20A-11-1302 showing a
2002     zero balance is attached to the statement of dissolution.
2003          (3) A statement of dissolution and a final summary report may be filed at any time.
2004          (4) Each school board office candidate shall continue to file the year-end summary
2005     report required by Section 20A-11-1302 until the statement of dissolution and final summary
2006     report required by this section are filed.
2007          Section 32. Section 20A-11-1402 is amended to read:
2008          20A-11-1402. Definitions.
2009          (1) As used in this part:
2010          (a) "Ballot proposition" includes constitutional amendments, initiatives, referenda,
2011     judicial retention questions, opinion questions, or other questions submitted to the voters for
2012     their approval or rejection.
2013          (b) (i) "Labor organization" means a lawful organization of any kind that is composed,
2014     in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing
2015     with employers concerning grievances, labor disputes, wages, rates of pay, hours of
2016     employment, or other terms and conditions of employment.
2017          (ii) Except as provided in Subsection (1)(b)(iii), "labor organization" includes each
2018     employee association and union for employees of public and private sector employers.
2019          (iii) "Labor organization" does not include organizations governed by the National
2020     Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
2021     et seq.
2022          (c) "Political fund" means a separate segregated fund established by a labor
2023     organization for a political [purposes] purpose that meets the requirements of this part.
2024          (d) "Political [purposes] purpose" means an act done with the intent or in a way to
2025     influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
2026     for or against any candidate for public office at any caucus, political convention, primary, or
2027     election.
2028          (e) "Union dues" means dues, fees, money, or other assessments required as a
2029     condition of membership or participation in a labor organization.
2030          (2) Other terms defined in Section 20A-11-101 apply to this part.
2031          Section 33. Section 20A-11-1403 is amended to read:
2032          20A-11-1403. Prohibition of required contributions for a political purpose.
2033          A labor organization may not require [any] a contribution to a candidate, personal
2034     campaign committee, political action committee, political issues committee, registered political
2035     party, ballot proposition, or political fund as a condition of membership or participation in the
2036     labor organization.
2037          Section 34. Section 20A-11-1404 is amended to read:
2038          20A-11-1404. Establishment and administration of political fund.
2039          (1) A labor organization wishing to make expenditures for a political [purposes]
2040     purpose shall establish a political fund.
2041          (2) Each labor organization that establishes a political fund shall:
2042          (a) maintain the political fund as a separate, segregated account apart from any account
2043     containing money received by a labor organization as union dues;
2044          (b) ensure that each contribution to the political fund is voluntary; and
2045          (c) register the political fund as a political action committee or political issues
2046     committee as required by this chapter.
2047          (3) (a) Except as otherwise provided in this part, a labor organization may only make
2048     expenditures for a political [purposes] purpose from a political fund established in accordance
2049     with this part.
2050          (b) A labor organization may not expend union dues for a political [purposes] purpose
2051     or transfer union dues to a political fund.
2052          (4) Nothing in this part precludes a labor organization from making expenditures of
2053     union dues to communicate directly with its own members about political candidates or
2054     political issues.
2055          (5) Nothing in this part precludes a labor organization from making expenditures of
2056     union dues either for the establishment and administration of a political fund or to solicit
2057     contributions from its members to a political fund.
2058          (6) Nothing in this part is intended to, or may be construed to, preempt any requirement
2059     of federal law.
2060          Section 35. Section 20A-11-1502 is amended to read:
2061          20A-11-1502. Campaign financial reporting of expenditures -- Filing
2062     requirements -- Statement contents.
2063          (1) (a) Each labor organization that has made expenditures for a political [purposes]
2064     purpose or political issues expenditures on current or proposed ballot issues that total at least
2065     $750 during a calendar year shall file a verified financial statement with the lieutenant
2066     governor's office:
2067          (i) on January 10, reporting expenditures as of December 31 of the previous year;
2068          (ii) seven days before the regular primary election date;
2069          (iii) on September 30; and
2070          (iv) seven days before the regular general election date.
2071          (b) The labor organization shall report:
2072          (i) a detailed listing of all expenditures made since the last statement; and
2073          (ii) for a financial statement described in Subsections (1)(a)(ii) through (iv), all
2074     expenditures as of five days before the required filing date of the financial statement.
2075          (c) The labor organization is not required to file a financial statement under this section
2076     if the labor organization:
2077          (i) made no expenditures during the reporting period; or
2078          (ii) reports the labor organization's expenditures during the reporting period under
2079     another part of this chapter.
2080          (2) The financial statement shall include:
2081          (a) the name and address of each reporting entity that received an expenditure or
2082     political issues expenditure of more than $50 from the labor organization, and the amount of
2083     each expenditure or political issues expenditure;
2084          (b) the total amount of expenditures disbursed by the labor organization; and
2085          (c) a statement by the labor organization's treasurer or chief financial officer certifying
2086     the accuracy of the financial statement.
2087          Section 36. Section 20A-11-1704 is amended to read:
2088          20A-11-1704. Independent expenditure report.
2089          (1) Except as provided in Section 20A-11-1703, within 31 days after the day on which
2090     a person has made a total of at least $1,000 in independent expenditures during an election
2091     cycle, the person shall file an independent expenditure report with the chief election officer.
2092          (2) Except as provided in Section 20A-11-1703, within 31 days after the day on which
2093     a person has made a total of at least $1,000 in independent expenditures during an election
2094     cycle that were not reported in an independent expenditure report already filed with the chief
2095     election officer during the same election cycle, the person shall file another independent
2096     expenditure report with the chief election officer.
2097          (3) An independent expenditure report shall include the following information:
2098          (a) if the person who made the independent expenditures is an individual, the person's
2099     name, address, and phone number;
2100          (b) if the person who made the independent expenditures is not an individual:
2101          (i) the person's name, address, and phone number; and
2102          (ii) the name, address, and phone number of an individual who may be contacted by the
2103     chief election officer in relation to the independent expenditure report; and
2104          (c) for each independent expenditure made by the person during the current election
2105     cycle that was not reported in a previous independent expenditure report:
2106          (i) the date of the independent expenditure;
2107          (ii) the amount of the independent expenditure;
2108          (iii) the candidate or ballot proposition for which the independent expenditure
2109     expressly advocates the success or defeat and a description of whether the independent
2110     expenditure supports or opposes the candidate or ballot proposition;
2111          (iv) the identity, address, and phone number of the person to whom the independent
2112     expenditure was made;
2113          (v) a description of the goods or services obtained by the independent expenditure; and
2114          (vi) for each person who, for a political [purposes] purpose, made cumulative
2115     donations of $1,000 or more during the current election cycle to the filer of the independent
2116     expenditure report:
2117          (A) the identity, address, and phone number of the person;
2118          (B) the date of the donation; and
2119          (C) the amount of the donation.
2120          (4) (a) If the person filing an independent expenditure report is an individual, the
2121     person shall sign the independent expenditure report and certify that the information contained
2122     in the report is complete and accurate.
2123          (b) If the person filing an independent expenditure report is not an individual:
2124          (i) the person filing the independent expenditure report shall designate an authorized
2125     individual to sign the independent expenditure report on behalf of the person; and
2126          (ii) the individual designated under Subsection (4)(b)(i) shall sign the independent
2127     expenditure report and certify that the information contained in the report is complete and
2128     accurate.
2129          (5) If a person who files an independent expenditure report previously filed an
2130     independent expenditure report during, or in relation to, the same election cycle that includes
2131     information, described in Subsection (3)(a) or (b), that has changed since the person filed the
2132     previous independent expenditure report, the person shall include in the most recent
2133     independent expenditure report a description of the information that has changed that includes
2134     both the old information and the new information.
2135          (6) An independent expenditure report is a public record under Title 63G, Chapter 2,
2136     Government Records Access and Management Act.
2137          Section 37. Section 20A-11a-101 is enacted to read:
2138     
CHAPTER 11a. REPORTING GIFTS OR TRAVEL PROVIDED BY A FOREIGN

2139     
ENTITY

2140          20A-11a-101. Definitions.
2141          As used in this chapter:
2142          (1) "Agent" means:
2143          (a) an official of a foreign entity; or
2144          (b) an individual acting for, or on behalf of, a foreign entity.
2145          (2) "Foreign entity" means:
2146          (a) a foreign government; or
2147          (b) a corporation or other organization that is owned or controlled by a foreign
2148     government.
2149          (3) "Foreign government" means a government other than the government of:
2150          (a) the United States;
2151          (b) a state within the United States;
2152          (c) a territory or possession of the United States; or
2153          (d) a political subdivision of a government described in Subsections (3)(a) through (c).
2154          (4) "Gift" means any good or service, other than travel, with a fair market value of
2155     more than $100.
2156          (5) "Officeholder" means:
2157          (a) an individual who holds the office of governor, lieutenant governor, state auditor,
2158     state treasurer, attorney general, state school board member, state senator, state representative,
2159     speaker of the House of Representatives, or president of the Senate; or
2160          (b) the leader, whip, or assistant whip of any party caucus in either house of the
2161     Legislature.
2162          (6) "Travel" means:
2163          (a) transportation outside of Utah; or
2164          (b) food, beverage, lodging, or other goods or services incidental to transportation
2165     outside of Utah.
2166          Section 38. Section 20A-11a-102 is enacted to read:
2167          20A-11a-102. Officeholder disclosure of gifts or travel from foreign entity.
2168          (1) Except as provided in Subsection (3), an officeholder who receives a gift or travel
2169     shall disclose the gift or travel in accordance with this section if the officeholder knows or
2170     through the exercise of reasonable diligence should know that the gift or travel is provided in
2171     whole or in part by:
2172          (a) a foreign entity; or
2173          (b) an agent of a foreign entity acting in the agent's capacity as an agent of a foreign
2174     entity.
2175          (2) An officeholder described in Subsection (1) shall make the disclosure, within 31
2176     days after the later of the day on which the officeholder:
2177          (a) receives the gift;
2178          (b) receives the travel;
2179          (c) receives payment or reimbursement for the travel; or
2180          (d) gains the knowledge, or through the exercise of reasonable diligence should have
2181     gained the knowledge, described in Subsection (1).
2182          (3) An officeholder described in Subsection (1) is not required to make the disclosure
2183     described in this section if:
2184          (a) before the deadline described in Subsection (2), the officeholder:
2185          (i) returns the gift;
2186          (ii) cancels the travel; or
2187          (iii) returns the payment or reimbursement for the travel; or
2188          (b) the officeholder engages in the travel before the officeholder gains the knowledge,
2189     or through the exercise of reasonable diligence should have gained the knowledge, described in
2190     Subsection (1).
2191          (4) An officeholder required to make a disclosure described in this section shall:
2192          (a) make the disclosure to the lieutenant governor on a form provided by the lieutenant
2193     governor; and
2194          (b) provide the following information on the form described in Subsection (4)(a):
2195          (i) the officeholder's name and office;
2196          (ii) the date the officeholder received the gift or the dates the officeholder engaged in
2197     the travel;
2198          (iii) the date the officeholder received payment or reimbursement for the travel;
2199          (iv) the fair market value of the gift;
2200          (v) the actual cost of the travel, payment, or reimbursement for the travel or, if the
2201     actual cost cannot be determined, the fair market value of the travel;
2202          (vi) the name of each foreign entity, foreign government, and foreign agent that paid, in
2203     whole or in part for the gift or travel; and
2204          (vii) the name of each foreign agent that provided the gift or travel on behalf of the
2205     foreign entity.
2206          (5) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
2207     Access and Management Act, the lieutenant governor shall make each disclosure described in
2208     this section available for public inspection and copying no later than one business day after the
2209     statement is filed.
2210          (6) The lieutenant governor shall establish procedures for completing and submitting
2211     the disclosure described in this section, and information in the disclosure:
2212          (a) separately from a disclosure made under Chapter 11, Reporting Requirements for
2213     Candidates, Officeholders, and Entities; and
2214          (b) in a manner that, unless the gift or travel must also be reported under Chapter 11,
2215     Reporting Requirements for Candidates, Officeholders, and Entities, clearly identifies that the
2216     disclosure does not constitute a campaign contribution or public service assistance.
2217          (7) For each gift or travel that an officeholder fails to report within the time period
2218     described in Subsection (2), the lieutenant governor shall impose a fine against the officeholder
2219     in an amount equal to:
2220          (a) 10% of the amount described in Subsection (4)(b)(iv) or (v), as applicable, if the
2221     officeholder makes the disclosure within 60 days after the day on which the time period
2222     described in Subsection (2) ends; or
2223          (b) 20% of the amount described in Subsection (4)(b)(iv) or (v), as applicable, if the
2224     officeholder fails to make the disclosure within 60 days after the day on which the time period
2225     described in Subsection (2) ends.
2226          Section 39. Section 68-3-12.5 is amended to read:
2227          68-3-12.5. Definitions for Utah Code.
2228          (1) The definitions listed in this section apply to the Utah Code, unless:
2229          (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
2230     to the context of the statute; or
2231          (b) a different definition is expressly provided for the respective title, chapter, part,
2232     section, or subsection.
2233          (2) "Adjudicative proceeding" means:
2234          (a) an action by a board, commission, department, officer, or other administrative unit
2235     of the state that determines the legal rights, duties, privileges, immunities, or other legal
2236     interests of one or more identifiable persons, including an action to grant, deny, revoke,
2237     suspend, modify, annul, withdraw, or amend an authority, right, or license; and
2238          (b) judicial review of an action described in Subsection (2)(a).
2239          (3) "Administrator" includes "executor" when the subject matter justifies the use.
2240          (4) "Advisory board," "advisory commission," and "advisory council" mean a board,
2241     commission, committee, or council that:
2242          (a) is created by, and whose duties are provided by, statute or executive order;
2243          (b) performs its duties only under the supervision of another person as provided by
2244     statute; and
2245          (c) provides advice and makes recommendations to another person that makes policy
2246     for the benefit of the general public.
2247          (5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
2248     Space Force, and Coast Guard.
2249          (6) "City" includes, depending on population, a metro township as defined in Section
2250     10-3c-102.
2251          (7) "County executive" means:
2252          (a) the county commission, in the county commission or expanded county commission
2253     form of government established under Title 17, Chapter 52a, Changing Forms of County
2254     Government;
2255          (b) the county executive, in the county executive-council optional form of government
2256     authorized by Section 17-52a-203; or
2257          (c) the county manager, in the council-manager optional form of government
2258     authorized by Section 17-52a-204.
2259          (8) "County legislative body" means:
2260          (a) the county commission, in the county commission or expanded county commission
2261     form of government established under Title 17, Chapter 52a, Changing Forms of County
2262     Government;
2263          (b) the county council, in the county executive-council optional form of government
2264     authorized by Section 17-52a-203; and
2265          (c) the county council, in the council-manager optional form of government authorized
2266     by Section 17-52a-204.
2267          (9) "Depose" means to make a written statement made under oath or affirmation.
2268          (10) "Executor" includes "administrator" when the subject matter justifies the use.
2269          (11) "Guardian" includes a person who:
2270          (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
2271     or court appointment; or
2272          (b) is appointed by a court to manage the estate of a minor or incapacitated person.
2273          (12) "Highway" includes:
2274          (a) a public bridge;
2275          (b) a county way;
2276          (c) a county road;
2277          (d) a common road; and
2278          (e) a state road.
2279          (13) "Individual" means a human being.
2280          [(13)] (14) "Intellectual disability" means a significant, subaverage general intellectual
2281     functioning that:
2282          (a) exists concurrently with deficits in adaptive behavior; and
2283          (b) is manifested during the developmental period as defined in the current edition of
2284     the Diagnostic and Statistical Manual of Mental Disorders, published by the American
2285     Psychiatric Association.
2286          [(14)] (15) "Intermediate care facility for people with an intellectual disability" means
2287     an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
2288     Security Act.
2289          [(15)] (16) "Land" includes:
2290          (a) land;
2291          (b) a tenement;
2292          (c) a hereditament;
2293          (d) a water right;
2294          (e) a possessory right; and
2295          (f) a claim.
2296          [(16)] (17) "Month" means a calendar month, unless otherwise expressed.
2297          [(17)] (18) "Oath" includes "affirmation."
2298          [(18)] (19) "Person" means:
2299          (a) an individual;
2300          (b) an association;
2301          (c) an institution;
2302          (d) a corporation;
2303          (e) a company;
2304          (f) a trust;
2305          (g) a limited liability company;
2306          (h) a partnership;
2307          (i) a political subdivision;
2308          (j) a government office, department, division, bureau, or other body of government;
2309     [and]
2310          (k) a personal campaign committee, a political party committee, a political action
2311     committee, a political issues committee, or a labor organization; or
2312          [(k)] (l) any other organization or entity.
2313          [(19)] (20) "Personal property" includes:
2314          (a) money;
2315          (b) goods;
2316          (c) chattels;
2317          (d) effects;
2318          (e) evidences of a right in action;
2319          (f) a written instrument by which a pecuniary obligation, right, or title to property is
2320     created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
2321          (g) a right or interest in an item described in Subsections [(19)(a)] (20)(a) through (f).
2322          [(20)] (21) "Personal representative," "executor," and "administrator" include:
2323          (a) an executor;
2324          (b) an administrator;
2325          (c) a successor personal representative;
2326          (d) a special administrator; and
2327          (e) a person who performs substantially the same function as a person described in
2328     Subsections [(20)(a)] (21)(a) through (d) under the law governing the person's status.
2329          [(21)] (22) "Policy board," "policy commission," or "policy council" means a board,
2330     commission, or council that:
2331          (a) is authorized to make policy for the benefit of the general public;
2332          (b) is created by, and whose duties are provided by, the constitution or statute; and
2333          (c) performs its duties according to its own rules without supervision other than under
2334     the general control of another person as provided by statute.
2335          [(22)] (23) "Population" is shown by the most recent state or national census, unless
2336     expressly provided otherwise.
2337          [(23)] (24) "Process" means a writ or summons issued in the course of a judicial
2338     proceeding.
2339          [(24)] (25) "Property" includes both real and personal property.
2340          [(25)] (26) "Real estate" or "real property" includes:
2341          (a) land;
2342          (b) a tenement;
2343          (c) a hereditament;
2344          (d) a water right;
2345          (e) a possessory right; and
2346          (f) a claim.
2347          [(26)] (27) "Review board," "review commission," and "review council" mean a board,
2348     commission, committee, or council that:
2349          (a) is authorized to approve policy made for the benefit of the general public by another
2350     body or person;
2351          (b) is created by, and whose duties are provided by, statute; and
2352          (c) performs its duties according to its own rules without supervision other than under
2353     the general control of another person as provided by statute.
2354          [(27)] (28) "Road" includes:
2355          (a) a public bridge;
2356          (b) a county way;
2357          (c) a county road;
2358          (d) a common road; and
2359          (e) a state road.
2360          [(28)] (29) "Signature" includes a name, mark, or sign written with the intent to
2361     authenticate an instrument or writing.
2362          [(29)] (30) "State," when applied to the different parts of the United States, includes a
2363     state, district, or territory of the United States.
2364          [(30)] (31) "Swear" includes "affirm."
2365          [(31)] (32) "Testify" means to make an oral statement under oath or affirmation.
2366          [(32)] (33) "Town" includes, depending on population, a metro township as defined in
2367     Section 10-3c-102.
2368          [(33)] (34) "Uniformed services" means:
2369          (a) the armed forces;
2370          (b) the commissioned corps of the National Oceanic and Atmospheric Administration;
2371     and
2372          (c) the commissioned corps of the United States Public Health Service.
2373          [(34)] (35) "United States" includes each state, district, and territory of the United
2374     States of America.
2375          [(35)] (36) "Utah Code" means the 1953 recodification of the Utah Code, as amended,
2376     unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
2377     existed:
2378          (a) on the day on which the 1953 recodification of the Utah Code was enacted; or
2379          (b) (i) after the day described in Subsection [(35)(a)] (36)(a); and
2380          (ii) before the most recent amendment to the referenced portion of the 1953
2381     recodification of the Utah Code.
2382          [(36)] (37) "Vessel," when used with reference to shipping, includes a steamboat, canal
2383     boat, and every structure adapted to be navigated from place to place.
2384          [(37)] (38) (a) "Veteran" means an individual who:
2385          (i) has served in the United States Armed Forces for at least 180 days:
2386          (A) on active duty; or
2387          (B) in a reserve component, to include the National Guard; or
2388          (ii) has incurred an actual service-related injury or disability while in the United States
2389     Armed Forces regardless of whether the individual completed 180 days; and
2390          (iii) was separated or retired under conditions characterized as honorable or general.
2391          (b) This definition is not intended to confer eligibility for benefits.
2392          [(38)] (39) "Will" includes a codicil.
2393          [(39)] (40) "Writ" means an order or precept in writing, issued in the name of:
2394          (a) the state;
2395          (b) a court; or
2396          (c) a judicial officer.
2397          [(40)] (41) "Writing" includes:
2398          (a) printing;
2399          (b) handwriting; and
2400          (c) information stored in an electronic or other medium if the information is retrievable
2401     in a perceivable format.
2402          Section 40. Repealer.
2403          This bill repeals:
2404          Section 20A-11-1201, Title.