2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the disclosure of certain travel by, or donations
10 to, an officeholder.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ in relation to a legislative officeholder, separates the disclosure of donations made
15 to defray the costs of functioning in public office (officeholder assistance) from the
16 disclosure of a campaign contribution;
17 ▸ requires a legislative officeholder to disclose to the secretary of the Senate or the
18 chief clerk of the House the receipt of officeholder assistance and, subject to certain
19 exceptions, foreign financed travel, within 31 days after receipt;
20 ▸ describes the requirements for making a disclosure described in the preceding
21 paragraph;
22 ▸ provides that a disclosure of officeholder assistance or foreign financed travel
23 described in this bill is a public document; and
24 ▸ makes technical and conforming changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 20A-11-101, as last amended by Laws of Utah 2023, Chapter 15
32 20A-11-201, as last amended by Laws of Utah 2021, Chapter 20
33 20A-11-203, as last amended by Laws of Utah 2019, Chapter 74
34 20A-11-204, as last amended by Laws of Utah 2021, Chapter 20
35 20A-11-301, as last amended by Laws of Utah 2021, Chapter 20
36 20A-11-302, as last amended by Laws of Utah 2019, Chapter 74
37 20A-11-303, as last amended by Laws of Utah 2021, Chapter 20
38 20A-11-401, as last amended by Laws of Utah 2018, Chapter 83
39 20A-11-402, as last amended by Laws of Utah 2019, Chapter 74
40 20A-11-505.7, as last amended by Laws of Utah 2015, Chapter 21
41 20A-11-506, as last amended by Laws of Utah 2019, Chapter 74
42 20A-11-507, as last amended by Laws of Utah 2019, Chapter 74
43 20A-11-510, as last amended by Laws of Utah 2019, Chapter 74
44 20A-11-511, as last amended by Laws of Utah 2019, Chapter 74
45 20A-11-601, as last amended by Laws of Utah 2022, Chapter 340
46 20A-11-602, as last amended by Laws of Utah 2019, Chapters 74, 116
47 20A-11-1301, as last amended by Laws of Utah 2021, Chapter 20
48 20A-11-1302, as last amended by Laws of Utah 2019, Chapter 74
49 20A-11-1303, as last amended by Laws of Utah 2021, Chapter 20
50 20A-11-1502, as last amended by Laws of Utah 2018, Chapter 83
51 20A-11-1704, as last amended by Laws of Utah 2018, Chapter 83
52 ENACTS:
53 36-35-101, Utah Code Annotated 1953
54 36-35-102, Utah Code Annotated 1953
55 36-35-103, Utah Code Annotated 1953
56
57 Be it enacted by the Legislature of the state of Utah:
58 Section 1. Section 20A-11-101 is amended to read:
59 20A-11-101. Definitions.
60 As used in this chapter:
61 (1) (a) "Address" means the number and street where an individual resides or where a
62 reporting entity has its principal office.
63 (b) "Address" does not include a post office box.
64 (2) "Agent of a reporting entity" means:
65 (a) a person acting on behalf of a reporting entity at the direction of the reporting
66 entity;
67 (b) a person employed by a reporting entity in the reporting entity's capacity as a
68 reporting entity;
69 (c) the personal campaign committee of a candidate or officeholder;
70 (d) a member of the personal campaign committee of a candidate or officeholder in the
71 member's capacity as a member of the personal campaign committee of the candidate or
72 officeholder; or
73 (e) a political consultant of a reporting entity.
74 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
75 amendments, and any other ballot propositions submitted to the voters that are authorized by
76 the Utah Code Annotated 1953.
77 (4) "Candidate" means any person who:
78 (a) files a declaration of candidacy for a public office; or
79 (b) receives contributions, makes expenditures, or gives consent for any other person to
80 receive contributions or make expenditures to bring about the person's nomination or election
81 to a public office.
82 (5) "Chief election officer" means:
83 (a) the lieutenant governor for state office candidates, legislative office candidates,
84 officeholders, political parties, political action committees, corporations, political issues
85 committees, state school board candidates, judges, and labor organizations, as defined in
86 Section 20A-11-1501; and
87 (b) the county clerk for local school board candidates.
88 (6) (a) "Contribution" means any of the following when done for [
89 political purpose:
90 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
91 value given to the filing entity;
92 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
93 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
94 anything of value to the filing entity;
95 (iii) [
96 (iv) compensation paid by any person or reporting entity other than the filing entity for
97 personal services provided without charge to the filing entity;
98 (v) remuneration from:
99 (A) [
100 organization, that has a registered lobbyist; or
101 (B) [
102 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
103 (vii) an in-kind [
104 (b) "Contribution" does not include:
105 (i) services provided by individuals volunteering a portion or all of their time on behalf
106 of the filing entity if the services are provided without compensation by the filing entity or any
107 other person;
108 (ii) money lent to the filing entity by a financial institution in the ordinary course of
109 business;
110 (iii) goods or services provided for the benefit of a political entity at less than fair
111 market value that are not authorized by or coordinated with the political entity; [
112 (iv) data or information described in Subsection (24)(b)[
113 (v) officeholder assistance.
114 (7) "Coordinated with" means that goods or services provided for the benefit of a
115 political entity are provided:
116 (a) with the political entity's prior knowledge, if the political entity does not object;
117 (b) by agreement with the political entity;
118 (c) in coordination with the political entity; or
119 (d) using official logos, slogans, and similar elements belonging to a political entity.
120 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
121 organization that is registered as a corporation or is authorized to do business in a state and
122 makes any expenditure from corporate funds for:
123 (i) the purpose of expressly advocating for a political [
124 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
125 proposition.
126 (b) "Corporation" does not [
127 (i) a business organization's political action committee or political issues committee; or
128 (ii) a business entity organized as a partnership or a sole proprietorship.
129 (9) "County political party" means, for each registered political party, all of the persons
130 within a single county who, under definitions established by the political party, are members of
131 the registered political party.
132 (10) "County political party officer" means a person whose name is required to be
133 submitted by a county political party to the lieutenant governor in accordance with Section
134 20A-8-402.
135 (11) "Detailed listing" means:
136 (a) for each contribution [
137 (i) the name and address of the individual or source making the contribution [
138
139 unknown;
140 (ii) the amount or value of the contribution [
141 (iii) the date the contribution [
142 (b) for each expenditure:
143 (i) the amount of the expenditure;
144 (ii) the goods or services acquired by the expenditure; and
145 (iii) the date the expenditure was made.
146 [
147
148
149 [
150
151 (12) (a) "Donation" means anything of value, whether tangible or intangible, given
152 without the expectation of full compensation at fair market value, including:
153 (i) goods or services;
154 (ii) money;
155 (iii) travel, lodging, or travel expenses;
156 (iv) membership in an organization;
157 (v) a subscription to a publication; or
158 (vi) attendance at a conference or other event.
159 (b) "Donation" includes:
160 (i) a loan or advance:
161 (A) made at less than fair market value;
162 (B) that does require full repayment, plus interest at market rates; or
163 (C) that is given on terms that are more favorable than the terms generally available in
164 the market, without compensation for those terms at market value; or
165 (ii) forgiveness of debt.
166 (13) "Election" means each:
167 (a) regular general election;
168 (b) regular primary election; and
169 (c) special election at which candidates are eliminated and selected.
170 (14) "Electioneering communication" means a communication that:
171 (a) has at least a value of $10,000;
172 (b) clearly identifies a candidate or judge; and
173 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
174 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
175 identified candidate's or judge's election date.
176 (15) (a) "Expenditure" means any of the following made by a reporting entity or an
177 agent of a reporting entity on behalf of the reporting entity:
178 (i) any disbursement from contributions[
179 required by this chapter;
180 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
181 or anything of value made for a political [
182 (iii) an express, legally enforceable contract, promise, or agreement to make any
183 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
184 value for a political [
185 (iv) compensation paid by a filing entity for personal services rendered by a person
186 without charge to a reporting entity;
187 (v) a transfer of funds between the filing entity and a candidate's personal campaign
188 committee;
189 (vi) goods or services provided by the filing entity to or for the benefit of another
190 reporting entity for a political [
191 (vii) an independent expenditure, as defined in Section 20A-11-1702.
192 (b) "Expenditure" does not include:
193 (i) officeholder assistance;
194 (ii) anything provided to an officeholder by the legislative branch, executive branch, or
195 judicial branch of the state;
196 (iii) anything that is provided to an officeholder by an organization in consequence of
197 the payment of dues to the organization by the officeholder or a branch of state government;
198 (iv) [
199 or all of their time on behalf of a reporting entity;
200 [
201 course of business; or
202 [
203
204 (vi) anything described in Subsection (15)(a) that is given by a reporting entity to a
205 candidate for office in, or an officeholder in:
206 (A) a state other than Utah; or
207 (B) a United States territory or possession; or
208 (vii) anything provided by the legislative branch, executive branch, or judicial branch
209 of the state.
210 (16) "Federal office" means the office of president of the United States, United States
211 Senator, or United States Representative.
212 (17) "Filing entity" means the reporting entity that is required to file a financial
213 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
214 (18) (a) "Financial statement" includes [
215 financial statement, or other statement [
216
217 Retention Elections[
218 (i) contributions, expenditures, donations, or disbursements; or
219 (ii) except as it relates to a report or statement by a legislative officeholder,
220 officeholder assistance.
221 (b) "Financial statement" does not include:
222 (i) a disclosure of foreign financed travel described in Section 36-35-102; or
223 (ii) a disclosure of officeholder assistance described in Section 36-35-103.
224 (19) "Governing board" means the individual or group of individuals that determine the
225 candidates and committees that will receive expenditures from a political action committee,
226 political party, or corporation.
227 (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
228 Incorporation, by which a geographical area becomes legally recognized as a city, town, or
229 metro township.
230 (21) "Incorporation election" means the election conducted under Section 10-2a-210 or
231 10-2a-404.
232 (22) "Incorporation petition" means a petition described in Section 10-2a-208.
233 (23) "Individual" means a natural person.
234 (24) (a) "In-kind contribution" means anything of value, other than money, that is
235 accepted by or coordinated with a filing entity.
236 (b) "In-kind contribution" does not include survey results, voter lists, voter contact
237 information, demographic data, voting trend data, or other information that:
238 (i) is not commissioned for the benefit of a particular candidate or officeholder; and
239 (ii) is offered at no cost to a candidate or officeholder.
240 (25) "Interim report" means a report identifying the contributions received and
241 expenditures made since the last report.
242 (26) "Legislative office" means the office of state senator, state representative, speaker
243 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
244 whip of any party caucus in either house of the Legislature.
245 (27) "Legislative office candidate" means a person who:
246 (a) files a declaration of candidacy for the office of state senator or state representative;
247 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
248 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
249 assistant whip of any party caucus in either house of the Legislature; or
250 (c) receives contributions, makes expenditures, or gives consent for any other person to
251 receive contributions or make expenditures to bring about the person's nomination, election, or
252 appointment to a legislative office.
253 (28) "Loan" means any of the following provided by a person that benefits a filing
254 entity if the person expects repayment or reimbursement:
255 (a) an expenditure made using any form of payment;
256 (b) money or funds received by the filing entity;
257 (c) the provision of a good or service with an agreement or understanding that payment
258 or reimbursement will be delayed; or
259 (d) use of any line of credit.
260 (29) "Major political party" means either of the two registered political parties that
261 have the greatest number of members elected to the two houses of the Legislature.
262 (30) "Officeholder" means a person who holds a public office.
263 (31) (a) "Officeholder assistance" means a donation that is provided to an officeholder:
264 (i) to defray the costs of functioning in public office; and
265 (ii) that is not given or used for a political purpose.
266 (b) "Officeholder assistance" includes a donation to assist an officeholder to
267 communicate with the officeholder's constituents, if the communication is not made for a
268 political purpose or to solicit a contribution.
269 (c) "Officeholder assistance" does not include:
270 (i) a contribution;
271 (ii) anything provided to an officeholder by the legislative branch, executive branch, or
272 judicial branch of the state;
273 (iii) anything that is provided to an officeholder by an organization in consequence of
274 the payment of dues to the organization by the officeholder or a branch of state government;
275 (iv) services provided to an officeholder without compensation by individuals
276 volunteering time on behalf of an officeholder;
277 (v) money lent to an officeholder by a financial institution in the ordinary course of
278 business;
279 (vi) news coverage or any publication by the news media; or
280 (vii) an article, story, or other coverage as part of a regular publication of any
281 organization, unless substantially all the publication is devoted to information about the
282 officeholder.
283 [
284 governing board of a registered political party.
285 [
286 business organizations, personal campaign committees, party committees, political action
287 committees, political issues committees, and labor organizations, as defined in Section
288 20A-11-1501.
289 [
290 candidate to act for the candidate as provided in this chapter.
291 [
292 20A-11-104.
293 [
294 individuals or entities within or outside this state, a major purpose of which is to:
295 (i) solicit or receive contributions from any other person, group, or entity for a political
296 [
297 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
298 vote for or against any candidate or person seeking election to a municipal or county office.
299 (b) "Political action committee" includes groups affiliated with a registered political
300 party but not authorized or organized by the governing board of the registered political party
301 that receive contributions or makes expenditures for a political [
302 (c) "Political action committee" does not mean:
303 (i) a party committee;
304 (ii) any entity that provides goods or services to a candidate or committee in the regular
305 course of its business at the same price that would be provided to the general public;
306 (iii) an individual;
307 (iv) individuals who are related and who make contributions from a joint checking
308 account;
309 (v) a corporation, except a corporation a major purpose of which is to act as a political
310 action committee; or
311 (vi) a personal campaign committee.
312 [
313 or paid by another person on behalf of and with the knowledge of the reporting entity, to
314 provide political advice to the reporting entity.
315 (b) "Political consultant" includes a circumstance described in Subsection (36)(a),
316 where the person:
317 (i) has already been paid, with money or other consideration;
318 (ii) expects to be paid in the future, with money or other consideration; or
319 (iii) understands that the person may, in the discretion of the reporting entity or another
320 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
321 money or other consideration.
322 [
323 a registered political party to select candidates.
324 [
325 committee, or a political issues committee.
326 [
327 or entities within or outside this state, a major purpose of which is to:
328 (i) solicit or receive donations from any other person, group, or entity to assist in
329 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
330 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
331 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
332 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
333 proposed ballot proposition or an incorporation in an incorporation election; or
334 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
335 ballot or to assist in keeping a ballot proposition off the ballot.
336 (b) "Political issues committee" does not mean:
337 (i) a registered political party or a party committee;
338 (ii) any entity that provides goods or services to an individual or committee in the
339 regular course of its business at the same price that would be provided to the general public;
340 (iii) an individual;
341 (iv) individuals who are related and who make contributions from a joint checking
342 account;
343 (v) a corporation, except a corporation a major purpose of which is to act as a political
344 issues committee; or
345 (vi) a group of individuals who:
346 (A) associate together for the purpose of challenging or supporting a single ballot
347 proposition, ordinance, or other governmental action by a county, city, town, special district,
348 special service district, or other local political subdivision of the state;
349 (B) have a common liberty, property, or financial interest that is directly impacted by
350 the ballot proposition, ordinance, or other governmental action;
351 (C) do not associate together, for the purpose described in Subsection [
352 (40)(b)(vi)(A), via a legal entity;
353 (D) do not receive funds for challenging or supporting the ballot proposition,
354 ordinance, or other governmental action from a person other than an individual in the group;
355 and
356 (E) do not expend a total of more than $5,000 for the purpose described in Subsection
357 [
358 [
359 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
360 anything of value given to a political issues committee;
361 (ii) an express, legally enforceable contract, promise, or agreement to make a political
362 issues donation to influence the approval or defeat of any ballot proposition;
363 (iii) any transfer of funds received by a political issues committee from a reporting
364 entity;
365 (iv) compensation paid by another reporting entity for personal services rendered
366 without charge to a political issues committee; and
367 (v) goods or services provided to or for the benefit of a political issues committee at
368 less than fair market value.
369 (b) "Political issues contribution" does not include:
370 (i) services provided without compensation by individuals volunteering a portion or all
371 of their time on behalf of a political issues committee; or
372 (ii) money lent to a political issues committee by a financial institution in the ordinary
373 course of business.
374 [
375 a political issues committee or on behalf of a political issues committee by an agent of the
376 reporting entity:
377 (i) any payment from political issues contributions made for the purpose of influencing
378 the approval or the defeat of:
379 (A) a ballot proposition; or
380 (B) an incorporation petition or incorporation election;
381 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
382 the express purpose of influencing the approval or the defeat of:
383 (A) a ballot proposition; or
384 (B) an incorporation petition or incorporation election;
385 (iii) an express, legally enforceable contract, promise, or agreement to make any
386 political issues expenditure;
387 (iv) compensation paid by a reporting entity for personal services rendered by a person
388 without charge to a political issues committee; or
389 (v) goods or services provided to or for the benefit of another reporting entity at less
390 than fair market value.
391 (b) "Political issues expenditure" does not include:
392 (i) services provided without compensation by individuals volunteering a portion or all
393 of their time on behalf of a political issues committee; or
394 (ii) money lent to a political issues committee by a financial institution in the ordinary
395 course of business.
396 [
397 a way to, influence or tend to influence, directly or indirectly, any person to refrain from voting
398 for, or to vote for or against [
399 (a) a candidate [
400 (b) a person seeking a municipal or county office at any caucus, political convention, or
401 election; or
402 [
403 [
404 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
405 ballot proposition that has legally qualified for placement on the ballot, which is conducted in
406 person or by telephone, facsimile, Internet, postal mail, or email.
407 (b) "Poll" does not include:
408 (i) a ballot; or
409 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
410 (A) the focus group consists of more than three, and less than thirteen, individuals; and
411 (B) all individuals in the focus group are present during the interview.
412 [
413 election laws.
414 [
415 individuals sharing a common occupation, interest, or association that contribute to a political
416 action committee or political issues committee and whose names can be obtained by contacting
417 the political action committee or political issues committee upon whose financial statement the
418 individuals are listed.
419 [
420 auditor, state treasurer, attorney general, state school board member, state senator, state
421 representative, speaker of the House of Representatives, president of the Senate, and the leader,
422 whip, and assistant whip of any party caucus in either house of the Legislature.
423 [
424
425
426 [
427
428 [
429
430 [
431 [
432 [
433
434 [
435
436 [
437 [
438
439
440 [
441 [
442 Lobbyist Disclosure and Regulation Act.
443 [
444 committee that is required by this chapter to file a statement of organization with the Office of
445 the Lieutenant Governor.
446 [
447 committee that is required by this chapter to file a statement of organization with the Office of
448 the Lieutenant Governor.
449 [
450 (a) participated in the last regular general election and polled a total vote equal to 2%
451 or more of the total votes cast for all candidates for the United States House of Representatives
452 for any of its candidates for any office; or
453 (b) has complied with the petition and organizing procedures of Chapter 8, Political
454 Party Formation and Procedures.
455 [
456 (i) made to a legislator for the period the Legislature is in session; and
457 (ii) that is approximately equivalent to an amount a legislator would have earned
458 during the period the Legislature is in session in the legislator's ordinary course of business.
459 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
460 (i) the legislator's primary employer in the ordinary course of business; or
461 (ii) a person or entity in the ordinary course of business:
462 (A) because of the legislator's ownership interest in the entity; or
463 (B) for services rendered by the legislator on behalf of the person or entity.
464 [
465 committee, a judge, a judge's personal campaign committee, an officeholder, a party
466 committee, a political action committee, a political issues committee, a corporation, or a labor
467 organization, as defined in Section 20A-11-1501.
468 [
469 [
470 tangible or intangible asset that comprises the contribution.
471 (b) "Source" means, for political action committees and corporations, the political
472 action committee and the corporation as entities, not the contributors to the political action
473 committee or the owners or shareholders of the corporation.
474 [
475 general, state auditor, and state treasurer.
476 [
477 (a) files a declaration of candidacy for a state office; or
478 (b) receives contributions, makes expenditures, or gives consent for any other person to
479 receive contributions or make expenditures to bring about the person's nomination, election, or
480 appointment to a state office.
481 [
482 reporting entity's contributions and expenditures.
483 [
484 allocate expenditures from a political issues committee.
485 Section 2. Section 20A-11-201 is amended to read:
486 20A-11-201. State office -- Separate bank account for campaign funds -- No
487 personal use -- State office candidate reporting deadline -- Report other accounts --
488 Anonymous contributions.
489 (1) (a) Each state office candidate or the candidate's personal campaign committee
490 shall deposit each contribution received in one or more separate campaign accounts in a
491 financial institution.
492 (b) A state office candidate or a candidate's personal campaign committee may not use
493 money deposited in a campaign account for:
494 (i) a personal use expenditure; or
495 (ii) an expenditure prohibited by law.
496 (c) Each state officeholder or the state officeholder's personal campaign committee
497 shall deposit each contribution and [
498 more separate campaign accounts in a financial institution.
499 (d) A state officeholder or a state officeholder's personal campaign committee may not
500 use money deposited in a campaign account for:
501 (i) a personal use expenditure; or
502 (ii) an expenditure prohibited by law.
503 (2) (a) A state office candidate or the candidate's personal campaign committee may
504 not deposit or mingle any contributions received into a personal or business account.
505 (b) A state officeholder or the state officeholder's personal campaign committee may
506 not deposit or mingle any contributions or [
507 a personal or business account.
508 (3) If a person who is no longer a state office candidate chooses not to expend the
509 money remaining in a campaign account, the person shall continue to file the year-end
510 summary report required by Section 20A-11-203 until the statement of dissolution and final
511 summary report required by Section 20A-11-205 are filed with the lieutenant governor.
512 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
513 is no longer a state office candidate may not expend or transfer the money in a campaign
514 account in a manner that would cause the former state office candidate to recognize the money
515 as taxable income under federal tax law.
516 (b) A person who is no longer a state office candidate may transfer the money in a
517 campaign account in a manner that would cause the former state office candidate to recognize
518 the money as taxable income under federal tax law if the transfer is made to a campaign
519 account for federal office.
520 (5) (a) As used in this Subsection (5), "received" means the same as that term is
521 defined in Subsection 20A-11-204(1)(b).
522 (b) Each state office candidate shall report to the lieutenant governor each contribution
523 received by the state office candidate:
524 (i) except as provided in Subsection (5)(b)(ii), within 31 days after the day on which
525 the contribution is received; or
526 (ii) within seven business days after the day on which the contribution is received, if:
527 (A) the state office candidate is contested in a convention and the contribution is
528 received within 30 days before the day on which the convention is held;
529 (B) the state office candidate is contested in a primary election and the contribution is
530 received within 30 days before the day on which the primary election is held; or
531 (C) the state office candidate is contested in a general election and the contribution is
532 received within 30 days before the day on which the general election is held.
533 (c) Except as provided in Subsection (5)(d), for each contribution that a state office
534 candidate fails to report within the time period described in Subsection (5)(b), the lieutenant
535 governor shall impose a fine against the state office candidate in an amount equal to:
536 (i) 10% of the amount of the contribution, if the state office candidate reports the
537 contribution within 60 days after the day on which the time period described in Subsection
538 (5)(b) ends; or
539 (ii) 20% of the amount of the contribution, if the state office candidate fails to report
540 the contribution within 60 days after the day on which the time period described in Subsection
541 (5)(b) ends.
542 (d) The lieutenant governor may waive the fine described in Subsection (5)(c) and
543 issue a warning to the state office candidate if:
544 (i) the contribution that the state office candidate fails to report is paid by the state
545 office candidate from the state office candidate's personal funds;
546 (ii) the state office candidate has not previously violated Subsection (5)(c) in relation to
547 a contribution paid by the state office candidate from the state office candidate's personal
548 funds; and
549 (iii) the lieutenant governor determines that the failure to timely report the contribution
550 is due to the state office candidate not understanding that the reporting requirement includes a
551 contribution paid by a state office candidate from the state office candidate's personal funds.
552 (e) The lieutenant governor shall:
553 (i) deposit money received under Subsection (5)(c) into the General Fund; and
554 (ii) report on the lieutenant governor's website, in the location where reports relating to
555 each state office candidate are available for public access:
556 (A) each fine imposed by the lieutenant governor against the state office candidate;
557 (B) the amount of the fine;
558 (C) the amount of the contribution to which the fine relates; and
559 (D) the date of the contribution.
560 (6) (a) As used in this Subsection (6), "account" means an account in a financial
561 institution:
562 (i) that is not described in Subsection (1)(a); and
563 (ii) into which or from which a person who, as a candidate for an office, other than the
564 state office for which the person files a declaration of candidacy or federal office, or as a holder
565 of an office, other than a state office for which the person files a declaration of candidacy or
566 federal office, deposits a contribution or makes an expenditure.
567 (b) A state office candidate shall include on any financial statement filed in accordance
568 with this part:
569 (i) a contribution deposited in an account:
570 (A) since the last campaign finance statement was filed; or
571 (B) that has not been reported under a statute or ordinance that governs the account; or
572 (ii) an expenditure made from an account:
573 (A) since the last campaign finance statement was filed; or
574 (B) that has not been reported under a statute or ordinance that governs the account.
575 (7) Within 31 days after receiving a contribution that is cash or a negotiable
576 instrument, exceeds $50, and is from an unknown source, a state office candidate shall disburse
577 the amount of the contribution to an organization that is exempt from federal income taxation
578 under Section 501(c)(3), Internal Revenue Code.
579 Section 3. Section 20A-11-203 is amended to read:
580 20A-11-203. State office candidate -- Financial reporting requirements --
581 Year-end summary report.
582 (1) (a) Each state office candidate shall file a summary report by January 10 of the year
583 after the regular general election year.
584 (b) In addition to the requirements of Subsection (1)(a), a former state office candidate
585 that has not filed the statement of dissolution and final summary report required under Section
586 20A-11-205 shall continue to file a summary report on January 10 of each year.
587 (2) (a) Each summary report shall include the following information as of December 31
588 of the previous year:
589 (i) the net balance of the last financial statement, if any;
590 (ii) a single figure equal to the total amount of [
591 assistance reported on all interim reports, if any;
592 (iii) a single figure equal to the total amount of expenditures reported on all interim
593 reports, if any, filed during the previous year;
594 (iv) a detailed listing of each contribution received since the last summary report that
595 has not been reported in detail on an interim report;
596 (v) for each nonmonetary contribution:
597 (A) the fair market value of the contribution with that information provided by the
598 contributor; and
599 (B) a specific description of the contribution;
600 (vi) a detailed listing of each expenditure made since the last summary report that has
601 not been reported in detail on an interim report;
602 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
603 (viii) a net balance for the year consisting of the net balance from the last summary
604 report, if any, plus all [
605 expenditures; and
606 (ix) the name of a political action committee for which the state office candidate is
607 designated as an officer who has primary decision-making authority under Section
608 20A-11-601.
609 (b) In preparing the report, all [
610 expenditures shall be reported as of December 31 of the previous year.
611 (c) A check or negotiable instrument received by a state office candidate or a state
612 office candidate's personal campaign committee on or before December 31 of the previous year
613 shall be included in the summary report.
614 (3) An authorized member of the state office candidate's personal campaign committee
615 or the state office candidate shall certify in the summary report that, to the best of the person's
616 knowledge, [
617 been reported as of December 31 of the previous year and that there are no bills or obligations
618 outstanding and unpaid except as [
619 Section 4. Section 20A-11-204 is amended to read:
620 20A-11-204. State office candidate and state officeholder -- Financial reporting
621 requirements -- Interim reports.
622 (1) As used in this section:
623 (a) "Campaign account" means a separate campaign account required under Subsection
624 20A-11-201(1)(a) or (c).
625 (b) "Received" means:
626 (i) for a cash contribution, that the cash is given to a state office candidate or a member
627 of the state office candidate's personal campaign committee;
628 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
629 instrument or check is negotiated;
630 (iii) for a direct deposit made into a campaign account by a person not associated with
631 the campaign, the earlier of:
632 (A) the day on which the state office candidate or a member of the state office
633 candidate's personal campaign committee becomes aware of the deposit and the source of the
634 deposit;
635 (B) the day on which the state office candidate or a member of the state office
636 candidate's personal campaign committee receives notice of the deposit and the source of the
637 deposit by mail, email, text, or similar means; or
638 (C) 31 days after the day on which the direct deposit occurs; or
639 (iv) for any other type of contribution, that any portion of the contribution's benefit
640 inures to the state office candidate.
641 (2) Except as provided in Subsection (3), each state office candidate shall file an
642 interim report at the following times in any year in which the candidate has filed a declaration
643 of candidacy for a public office:
644 (a) (i) seven days before the candidate's political convention; or
645 (ii) for an unaffiliated candidate, the fourth Saturday in March;
646 (b) seven days before the regular primary election date;
647 (c) September 30; and
648 (d) seven days before the regular general election date.
649 (3) If a state office candidate is a state office candidate seeking appointment for a
650 midterm vacancy, the state office candidate:
651 (a) shall file an interim report:
652 (i) (A) no later than seven days before the day on which the political party of the party
653 for which the state office candidate seeks nomination meets to declare a nominee for the
654 governor to appoint in accordance with Section 20A-1-504; and
655 (B) two days before the day on which the political party of the party for which the state
656 office candidate seeks nomination meets to declare a nominee for the governor to appoint in
657 accordance with Subsection 20A-1-504(1)(b)(i); or
658 (ii) if a state office candidate decides to seek the appointment with less than seven days
659 before the party meets, or the political party schedules the meeting to declare a nominee less
660 than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
661 before the day on which the party meets; and
662 (b) is not required to file an interim report at the times described in Subsection (1).
663 (4) Each interim report shall include the following information:
664 (a) the net balance of the last summary report, if any;
665 (b) a single figure equal to the total amount of [
666 assistance reported on all prior interim reports, if any, during the calendar year in which the
667 interim report is due;
668 (c) a single figure equal to the total amount of expenditures reported on all prior
669 interim reports, if any, filed during the calendar year in which the interim report is due;
670 (d) a detailed listing of:
671 (i) for a state office candidate, each contribution received since the last summary report
672 that has not been reported in detail on a prior interim report; or
673 (ii) for a state officeholder, each contribution and [
674 assistance received since the last summary report that has not been reported in detail on a prior
675 interim report;
676 (e) for each nonmonetary contribution:
677 (i) the fair market value of the contribution with that information provided by the
678 contributor; and
679 (ii) a specific description of the contribution;
680 (f) a detailed listing of each expenditure made since the last summary report that has
681 not been reported in detail on a prior interim report;
682 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
683 (h) a net balance for the year consisting of the net balance from the last summary
684 report, if any, plus all [
685 summary report minus all expenditures since the last summary report;
686 (i) a summary page in the form required by the lieutenant governor that identifies:
687 (i) beginning balance;
688 (ii) total contributions and [
689 period since the last statement;
690 (iii) total contributions and public service assistance received to date;
691 (iv) total expenditures during the period since the last statement; and
692 (v) total expenditures to date; and
693 (j) the name of a political action committee for which the state office candidate or state
694 officeholder is designated as an officer who has primary decision-making authority under
695 Section 20A-11-601.
696 (5) (a) In preparing each interim report, all [
697 assistance, and expenditures shall be reported as of five days before the required filing date of
698 the report.
699 (b) Any negotiable instrument or check received by a state office candidate or state
700 officeholder more than five days before the required filing date of a report required by this
701 section shall be included in the interim report.
702 Section 5. Section 20A-11-301 is amended to read:
703 20A-11-301. Legislative office -- Campaign finance requirements -- Candidate as
704 a political action committee officer -- No personal use -- Contribution reporting deadline
705 -- Report other accounts -- Anonymous contributions.
706 (1) (a) (i) Each legislative office candidate shall deposit each contribution received in
707 one or more separate accounts in a financial institution that are dedicated only to that purpose.
708 (ii) A legislative office candidate may:
709 (A) receive a contribution from a political action committee registered under Section
710 20A-11-601; and
711 (B) be designated by a political action committee as an officer who has primary
712 decision-making authority as described in Section 20A-11-601.
713 (b) A legislative office candidate or the candidate's personal campaign committee may
714 not use money deposited in an account described in Subsection (1)(a)(i) for:
715 (i) a personal use expenditure; or
716 (ii) an expenditure prohibited by law.
717 (c) (i) Each legislative officeholder shall deposit:
718 (A) each contribution [
719 accounts in a financial institution that are dedicated only to that purpose[
720 (B) officeholder assistance received in one or more separate accounts in a financial
721 institution, but not in the same account in which the legislative officeholder deposits a
722 contribution.
723 (ii) A legislative officeholder may:
724 (A) receive a contribution or [
725 action committee registered under Section 20A-11-601; and
726 (B) be designated by a political action committee as an officer who has primary
727 decision-making authority as described in Section 20A-11-601.
728 (d) A legislative officeholder or the legislative officeholder's personal campaign
729 committee may not use money deposited in an account described in Subsection (1)(c)(i) for:
730 (i) a personal use expenditure; or
731 (ii) an expenditure prohibited by law.
732 (2) (a) A legislative office candidate may not deposit or mingle any contributions
733 received into a personal or business account.
734 (b) A legislative officeholder may not deposit or mingle any contributions or [
735
736 (3) If a person who is no longer a legislative candidate chooses not to expend the
737 money remaining in a campaign account, the person shall continue to file the year-end
738 summary report required by Section 20A-11-302 until the statement of dissolution and final
739 summary report required by Section 20A-11-304 are filed with the lieutenant governor.
740 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
741 is no longer a legislative office candidate may not expend or transfer the money in a campaign
742 account in a manner that would cause the former legislative office candidate to recognize the
743 money as taxable income under federal tax law.
744 (b) A person who is no longer a legislative office candidate may transfer the money in
745 a campaign account in a manner that would cause the former legislative office candidate to
746 recognize the money as taxable income under federal tax law if the transfer is made to a
747 campaign account for federal office.
748 (5) (a) As used in this Subsection (5), "received" means the same as that term is
749 defined in Subsection 20A-11-303(1)(b).
750 (b) Each legislative office candidate shall report to the lieutenant governor each
751 contribution received by the legislative office candidate:
752 (i) except as provided in Subsection (5)(b)(ii), within 31 days after the day on which
753 the contribution is received; or
754 (ii) within seven business days after the day on which the contribution is received, if:
755 (A) the legislative office candidate is contested in a convention and the contribution is
756 received within 30 days before the day on which the convention is held;
757 (B) the legislative office candidate is contested in a primary election and the
758 contribution is received within 30 days before the day on which the primary election is held; or
759 (C) the legislative office candidate is contested in a general election and the
760 contribution is received within 30 days before the day on which the general election is held.
761 (c) Except as provided in Subsection (5)(d), for each contribution that a legislative
762 office candidate fails to report within the time period described in Subsection (5)(b), the
763 lieutenant governor shall impose a fine against the legislative office candidate in an amount
764 equal to:
765 (i) 10% of the amount of the contribution, if the legislative office candidate reports the
766 contribution within 60 days after the day on which the time period described in Subsection
767 (5)(b) ends; or
768 (ii) 20% of the amount of the contribution, if the legislative office candidate fails to
769 report the contribution within 60 days after the day on which the time period described in
770 Subsection (5)(b) ends.
771 (d) The lieutenant governor may waive the fine described in Subsection (5)(c) and
772 issue a warning to the legislative office candidate if:
773 (i) the contribution that the legislative office candidate fails to report is paid by the
774 legislative office candidate from the legislative office candidate's personal funds;
775 (ii) the legislative office candidate has not previously violated Subsection (5)(c) in
776 relation to a contribution paid by the legislative office candidate from the legislative office
777 candidate's personal funds; and
778 (iii) the lieutenant governor determines that the failure to timely report the contribution
779 is due to the legislative office candidate not understanding that the reporting requirement
780 includes a contribution paid by a legislative office candidate from the legislative office
781 candidate's personal funds.
782 (e) The lieutenant governor shall:
783 (i) deposit money received under Subsection (5)(c) into the General Fund; and
784 (ii) report on the lieutenant governor's website, in the location where reports relating to
785 each legislative office candidate are available for public access:
786 (A) each fine imposed by the lieutenant governor against the legislative office
787 candidate;
788 (B) the amount of the fine;
789 (C) the amount of the contribution to which the fine relates; and
790 (D) the date of the contribution.
791 (6) Within 31 days after receiving a contribution that is cash or a negotiable
792 instrument, exceeds $50, and is from an unknown source, a legislative office candidate shall
793 disburse the amount of the contribution to an organization that is exempt from federal income
794 taxation under Section 501(c)(3), Internal Revenue Code.
795 (7) (a) As used in this Subsection (7), "account" means an account in a financial
796 institution:
797 (i) that is not described in Subsection (1)(a)(i); and
798 (ii) into which or from which a person who, as a candidate for an office, other than a
799 legislative office for which the person files a declaration of candidacy or federal office, or as a
800 holder of an office, other than a legislative office for which the person files a declaration of
801 candidacy or federal office, deposits a contribution or makes an expenditure.
802 (b) A legislative office candidate shall include on any financial statement filed in
803 accordance with this part:
804 (i) a contribution deposited in an account:
805 (A) since the last campaign finance statement was filed; or
806 (B) that has not been reported under a statute or ordinance that governs the account; or
807 (ii) an expenditure made from an account:
808 (A) since the last campaign finance statement was filed; or
809 (B) that has not been reported under a statute or ordinance that governs the account.
810 Section 6. Section 20A-11-302 is amended to read:
811 20A-11-302. Legislative office candidate -- Financial reporting requirements --
812 Year-end summary report.
813 (1) (a) Each legislative office candidate shall file a summary report by January 10 of
814 the year after the regular general election year.
815 (b) In addition to the requirements of Subsection (1)(a), a former legislative office
816 candidate that has not filed the statement of dissolution and final summary report required
817 under Section 20A-11-304 shall continue to file a summary report on January 10 of each year.
818 (2) (a) Each summary report shall include the following information as of December 31
819 of the previous year:
820 (i) the net balance of the last financial statement, if any;
821 (ii) a single figure equal to the total amount of [
822 interim reports, if any, during the calendar year in which the summary report is due;
823 (iii) a single figure equal to the total amount of expenditures reported on all interim
824 reports, if any, filed during the previous year;
825 (iv) a detailed listing of each contribution received since the last summary report that
826 has not been reported in detail on an interim report;
827 (v) for each nonmonetary contribution:
828 (A) the fair market value of the contribution with that information provided by the
829 contributor; and
830 (B) a specific description of the contribution;
831 (vi) a detailed listing of each expenditure made since the last summary report that has
832 not been reported in detail on an interim report;
833 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
834 (viii) a net balance for the year consisting of the net balance from the last summary
835 report, if any, plus all [
836 (ix) the name of a political action committee for which the legislative office candidate
837 is designated as an officer who has primary decision-making authority under Section
838 20A-11-601.
839 (b) In preparing the report, all [
840 reported as of December 31 of the previous year.
841 (c) A check or negotiable instrument received by a legislative office candidate on or
842 before December 31 of the previous year shall be included in the summary report.
843 (3) The legislative office candidate shall certify in the summary report that to the best
844 of the candidate's knowledge, all [
845 reported as of December 31 of the previous year and that there are no bills or obligations
846 outstanding and unpaid except as [
847 Section 7. Section 20A-11-303 is amended to read:
848 20A-11-303. Legislative office candidate and legislative officeholder -- Financial
849 reporting requirements -- Interim reports.
850 (1) As used in this section:
851 (a) "Campaign account" means a separate campaign account required under Subsection
852 20A-11-301(1)(a)(i) or (c)(i).
853 (b) "Received" means:
854 (i) for a cash contribution, that the cash is given to a legislative office candidate or a
855 member of the legislative office candidate's personal campaign committee;
856 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
857 instrument or check is negotiated;
858 (iii) for a direct deposit made into a campaign account by a person not associated with
859 the campaign, the earlier of:
860 (A) the day on which the legislative office candidate or a member of the legislative
861 office candidate's personal campaign committee becomes aware of the deposit and the source
862 of the deposit;
863 (B) the day on which the legislative office candidate or a member of the legislative
864 office candidate's personal campaign committee receives notice of the deposit and the source of
865 the deposit by mail, email, text, or similar means; or
866 (C) 31 days after the day on which the direct deposit occurs; or
867 (iv) for any other type of contribution, that any portion of the contribution's benefit
868 inures to the legislative office candidate.
869 (2) Except as provided in Subsection (3), each legislative office candidate shall file an
870 interim report at the following times in any year in which the candidate has filed a declaration
871 of candidacy for a public office:
872 (a) (i) seven days before the candidate's political convention; or
873 (ii) for an unaffiliated candidate, the fourth Saturday in March;
874 (b) seven days before the regular primary election date;
875 (c) September 30; and
876 (d) seven days before the regular general election date.
877 (3) If a legislative office candidate is a legislative office candidate seeking appointment
878 for a midterm vacancy, the legislative office candidate:
879 (a) shall file an interim report:
880 (i) (A) seven days before the day on which the political party of the party for which the
881 legislative office candidate seeks nomination meets to declare a nominee for the governor to
882 appoint in accordance with Section 20A-1-503; and
883 (B) two days before the day on which the political party of the party for which the
884 legislative office candidate seeks nomination meets to declare a nominee for the governor to
885 appoint in accordance with Section 20A-1-503; or
886 (ii) if the legislative office candidate decides to seek the appointment with less than
887 seven days before the party meets, or the political party schedules the meeting to declare a
888 nominee less than seven days before the day of the meeting, two days before the day on which
889 the party meets; and
890 (b) is not required to file an interim report at the times described in Subsection (2)(a).
891 (4) Each interim report shall include the following information:
892 (a) the net balance of the last summary report, if any;
893 (b) a single figure equal to the total amount of [
894 prior interim reports, if any, during the calendar year in which the interim report is due;
895 (c) a single figure equal to the total amount of expenditures reported on all prior
896 interim reports, if any, filed during the calendar year in which the interim report is due;
897 (d) a detailed listing of[
898 [
899 summary report that has not been reported in detail on a prior interim report; [
900 [
901
902
903 (e) for each nonmonetary contribution:
904 (i) the fair market value of the contribution with that information provided by the
905 contributor; and
906 (ii) a specific description of the contribution;
907 (f) a detailed listing of each expenditure made since the last summary report that has
908 not been reported in detail on a prior interim report;
909 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
910 (h) a net balance for the year consisting of the net balance from the last summary
911 report, if any, plus all [
912 expenditures since the last summary report;
913 (i) a summary page in the form required by the lieutenant governor that identifies:
914 (i) beginning balance;
915 (ii) total contributions [
916 the last statement;
917 (iii) total contributions [
918 (iv) total expenditures during the period since the last statement; and
919 (v) total expenditures to date; and
920 (j) the name of a political action committee for which the legislative office candidate or
921 legislative officeholder is designated as an officer who has primary decision-making authority
922 under Section 20A-11-601.
923 (5) (a) In preparing each interim report, all [
924 shall be reported as of five days before the required filing date of the report.
925 (b) Any negotiable instrument or check received by a legislative office candidate or
926 legislative officeholder more than five days before the required filing date of a report required
927 by this section shall be included in the interim report.
928 Section 8. Section 20A-11-401 is amended to read:
929 20A-11-401. Officeholder financial reporting requirements -- Year-end summary
930 report -- Officeholder as a political action committee officer -- Anonymous contribution
931 or officeholder assistance.
932 (1) (a) Each officeholder shall file a summary report by January 10 of each year.
933 (b) An officeholder that is required to file a summary report both as an officeholder and
934 as a candidate for office under the requirements of this chapter may file a single summary
935 report as a candidate and an officeholder, provided that the combined report meets the
936 requirements of:
937 (i) this section; and
938 (ii) the section that provides the requirements for the summary report filed by the
939 officeholder in the officeholder's capacity of a candidate for office.
940 (2) (a) Each summary report shall include the following information as of December 31
941 of the previous year:
942 (i) the net balance of the last summary report, if any;
943 (ii) for a legislative officeholder, a single figure equal to the total amount of [
944 contributions received since the last summary report, if any;
945 (iii) for an officeholder other than a legislative officeholder, a single figure equal to the
946 total amount of contributions and officeholder assistance received since the last summary
947 report, if any;
948 [
949 summary report, if any;
950 [
951
952 (vi) for an officeholder other than a legislative officeholder, a detailed listing of each
953 contribution and officeholder assistance received since the last summary report;
954 [
955 (A) the fair market value of the contribution with that information provided by the
956 contributor; and
957 (B) a specific description of the contribution;
958 [
959 [
960 [
961 summary report plus:
962 (A) for a legislative officeholder, all [
963 [
964 (B) for an officeholder other than a legislative officeholder, all contributions and
965 officeholder assistance, minus all expenditures; and
966 [
967 designated as an officer who has primary decision-making authority under Section
968 20A-11-601.
969 (b) In preparing the report[
970 (i) a legislative officeholder shall report all contributions and expenditures as of
971 December 31 of the previous year; and
972 (ii) an officeholder other than a legislative officeholder shall report all contributions,
973 officeholder assistance, and expenditures as of December 31 of the previous year.
974 (3) (a) [
975 paragraph signed by the officeholder certifying that, to the best of the officeholder's knowledge,
976 all [
977 the last calendar year and that there are no bills or obligations outstanding and unpaid except as
978 [
979 (b) For an officeholder other than a legislative officeholder, the summary report shall
980 contain a paragraph signed by the officeholder certifying that, to the best of the officeholder's
981 knowledge, all contributions, officeholder assistance, and expenditures have been reported as
982 of December 31 of the last calendar year and that there are no bills or obligations outstanding
983 and unpaid except as disclosed in that report.
984 (4) An officeholder may:
985 (a) receive [
986 registered under Section 20A-11-601; and
987 (b) be designated by a political action committee as an officer who has primary
988 decision-making authority as described in Section 20A-11-601.
989 (5) Within 31 days after receiving a contribution or [
990 assistance that is cash or a negotiable instrument, exceeds $50, and is from an unknown source,
991 an officeholder shall disburse the amount of the contribution or public service assistance to:
992 (a) the treasurer of the state or a political subdivision for deposit into the state's or
993 political subdivision's general fund; or
994 (b) an organization that is exempt from federal income taxation under Section
995 501(c)(3), Internal Revenue Code.
996 Section 9. Section 20A-11-402 is amended to read:
997 20A-11-402. Officeholder financial reporting requirements -- Statement of
998 dissolution.
999 (1) An officeholder or former officeholder is active and subject to reporting
1000 requirements until the officeholder or former officeholder has filed a statement of dissolution
1001 with the lieutenant governor stating that:
1002 (a) the officeholder or former officeholder is no longer receiving contributions or
1003 [
1004 (b) the ending balance on the last summary report filed is zero and the balance in the
1005 separate bank account required by Section 20A-11-201, 20A-11-301, or 20A-11-1301 is zero;
1006 and
1007 (c) a final summary report in the form required by Section 20A-11-401 showing a zero
1008 balance is attached to the statement of dissolution.
1009 (2) A statement of dissolution and a final summary report may be filed at any time.
1010 (3) (a) Each legislative officeholder shall report to the lieutenant governor each
1011 contribution [
1012 after the day on which the officeholder receives the contribution [
1013 (b) Each officeholder other than a legislative officeholder shall report to the lieutenant
1014 governor each contribution and officeholder assistance received by the state officeholder within
1015 31 days after the day on which the officeholder receives the contribution or officeholder
1016 assistance.
1017 [
1018 that an officeholder fails to report within the time period described in Subsection (3)(a), the
1019 lieutenant governor shall impose a fine against the officeholder in an amount equal to:
1020 (i) 10% of the amount of the contribution or [
1021 the officeholder reports the contribution or public service assistance within 60 days after the
1022 day on which the time period described in Subsection (3)(a) ends; or
1023 (ii) 20% of the amount of the contribution or [
1024 the officeholder fails to report the contribution or public service assistance within 60 days after
1025 the day on which the time period described in Subsection (3)(a) ends.
1026 [
1027 summary report required by Section 20A-11-401 until the statement of dissolution and final
1028 summary report required by this section are filed with the lieutenant governor.
1029 (4) An officeholder or former officeholder may not use a contribution or [
1030
1031 (a) a personal use expenditure; or
1032 (b) an expenditure prohibited by law.
1033 (5) (a) Except as provided in Subsection (5)(b), a former officeholder may not expend
1034 or transfer the money in a campaign account or in an officeholder assistance account in a
1035 manner that would cause the former officeholder to recognize the money as taxable income
1036 under federal tax law.
1037 (b) A former officeholder may transfer the money in a campaign account in a manner
1038 that would cause the former officeholder to recognize the money as taxable income under
1039 federal tax law if the transfer is made to a campaign account for federal office.
1040 Section 10. Section 20A-11-505.7 is amended to read:
1041 20A-11-505.7. Separate account for contributions for registered political party --
1042 Anonymous contributions to registered political party or county political party.
1043 (1) A registered political party shall deposit a contribution received in one or more
1044 separate campaign accounts in a financial institution.
1045 (2) A registered political party may not deposit or mingle a contribution received into a
1046 personal or business account.
1047 (3) A registered political party or county political party may not expend a contribution
1048 for a political [
1049 (a) is cash or a negotiable instrument;
1050 (b) exceeds $50; and
1051 (c) is from an unknown source.
1052 Section 11. Section 20A-11-506 is amended to read:
1053 20A-11-506. Political party financial reporting requirements -- Year-end
1054 summary report.
1055 (1) The party committee of each registered political party shall file a summary report
1056 by January 10 of each year.
1057 (2) (a) Each summary report shall include the following information as of December 31
1058 of the previous year:
1059 (i) the net balance of the last summary report, if any;
1060 (ii) a single figure equal to the total amount of [
1061 interim reports, if any, during the previous year;
1062 (iii) a single figure equal to the total amount of expenditures reported on all interim
1063 reports, if any, filed during the previous year;
1064 (iv) a detailed listing of each contribution received since the last summary report that
1065 has not been reported in detail on an interim report;
1066 (v) for each nonmonetary contribution, the fair market value of the contribution;
1067 (vi) a detailed listing of each expenditure made since the last summary report that has
1068 not been reported in detail on an interim report;
1069 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
1070 (viii) a net balance for the year consisting of the net balance from the last summary
1071 report, if any, plus all [
1072 (b) (i) For all individual contributions of $50 or less, a single aggregate figure may be
1073 reported without separate detailed listings.
1074 (ii) Two or more contributions from the same source that have an aggregate total of
1075 more than $50 may not be reported in the aggregate, but shall be reported separately.
1076 (c) In preparing the report, all [
1077 reported as of December 31 of the previous year.
1078 (3) The summary report shall contain a paragraph signed by the treasurer of the party
1079 committee certifying that, to the best of the treasurer's knowledge, all [
1080 and all expenditures have been reported as of December 31 of the previous year and that there
1081 are no bills or obligations outstanding and unpaid except as set forth in that report.
1082 Section 12. Section 20A-11-507 is amended to read:
1083 20A-11-507. Political party financial reporting requirements -- Interim reports.
1084 (1) The party committee of each registered political party shall file an interim report at
1085 the following times in any year in which there is a regular general election:
1086 (a) seven days before the registered political party's political convention;
1087 (b) seven days before the regular primary election date;
1088 (c) September 30; and
1089 (d) seven days before the general election date.
1090 (2) Each interim report shall include the following information:
1091 (a) the net balance of the last financial statement, if any;
1092 (b) a single figure equal to the total amount of [
1093 prior interim reports, if any, during the calendar year in which the interim report is due;
1094 (c) a single figure equal to the total amount of expenditures reported on all prior
1095 interim reports, if any, filed during the calendar year in which the interim report is due;
1096 (d) a detailed listing of each contribution received since the last summary report that
1097 has not been reported in detail on a prior interim report;
1098 (e) for each nonmonetary contribution, the fair market value 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 [
1104 expenditures since the last summary report; and
1105 (i) a summary page in the form required by the lieutenant governor that identifies:
1106 (i) beginning balance;
1107 (ii) total contributions during the period since the last statement;
1108 (iii) total contributions to date;
1109 (iv) total expenditures during the period since the last statement; and
1110 (v) total expenditures to date.
1111 (3) (a) For all individual contributions of $50 or less, a single aggregate figure may be
1112 reported without separate detailed listings.
1113 (b) Two or more contributions from the same source that have an aggregate total of
1114 more than $50 may not be reported in the aggregate, but shall be reported separately.
1115 (4) In preparing each interim report, all [
1116 be reported as of five days before the required filing date of the report.
1117 Section 13. Section 20A-11-510 is amended to read:
1118 20A-11-510. County political party financial reporting requirements -- Year-end
1119 summary report.
1120 (1) A county political party officer of a county political party that has received
1121 contributions totaling at least $750, or disbursed expenditures totaling at least $750, during a
1122 calendar year shall file a summary report by January 10 of the following year.
1123 (2) (a) Each summary report shall include the following information as of December 31
1124 of the previous year:
1125 (i) the net balance of the last summary report, if any;
1126 (ii) a single figure equal to the total amount of [
1127 interim reports, if any, filed during the previous year;
1128 (iii) a single figure equal to the total amount of expenditures reported on all interim
1129 reports, if any, filed during the previous year;
1130 (iv) a detailed listing of each contribution received since the last summary report that
1131 has not been reported in detail on an interim report;
1132 (v) for each nonmonetary contribution, the fair market value of the contribution;
1133 (vi) a detailed listing of each expenditure made since the last summary report that has
1134 not been reported in detail on an interim report;
1135 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
1136 (viii) a net balance for the year consisting of the net balance from the last summary
1137 report, if any, plus all [
1138 (b) (i) For all individual contributions of $50 or less, a single aggregate figure may be
1139 reported without separate detailed listings.
1140 (ii) Two or more contributions from the same source that have an aggregate total of
1141 more than $50 may not be reported in the aggregate, but shall be reported separately.
1142 (c) In preparing the report, all [
1143 reported as of December 31 of the previous year.
1144 (3) The county political party officer shall certify in the summary report that, to the
1145 best of the officer's knowledge, all [
1146 reported as of December 31 of the previous year and that there are no bills or obligations
1147 outstanding and unpaid except as set forth in that report.
1148 Section 14. Section 20A-11-511 is amended to read:
1149 20A-11-511. County political party financial reporting requirements -- Interim
1150 reports.
1151 (1) (a) A county political party officer of a county political party that has received
1152 contributions totaling at least $750, or disbursed expenditures totaling at least $750, during a
1153 calendar year shall file an interim report at the following times in any year in which there is a
1154 regular general election:
1155 (i) seven days before the county political party's convention;
1156 (ii) seven days before the regular primary election date;
1157 (iii) September 30; and
1158 (iv) seven days before the general election date.
1159 (b) A county political party officer need not file an interim report if it received no
1160 contributions or made no expenditures during the reporting period.
1161 (2) Each interim report shall include the following information:
1162 (a) the net balance of the last financial statement, if any;
1163 (b) a single figure equal to the total amount of [
1164 prior interim reports, if any, during the calendar year in which the interim report is due;
1165 (c) a single figure equal to the total amount of expenditures reported on all prior
1166 interim reports, if any, filed during the calendar year in which the interim report is due;
1167 (d) a detailed listing of each contribution received since the last summary report that
1168 has not been reported in detail on a prior interim report;
1169 (e) for each nonmonetary contribution, the fair market value of the contribution;
1170 (f) a detailed listing of each expenditure made since the last summary report that has
1171 not been reported in detail on a prior interim report;
1172 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1173 (h) a net balance for the year consisting of the net balance from the last summary
1174 report, if any, plus all [
1175 expenditures since the last summary report; and
1176 (i) a summary page in the form required by the lieutenant governor that identifies:
1177 (i) beginning balance;
1178 (ii) total contributions during the period since the last statement;
1179 (iii) total contributions to date;
1180 (iv) total expenditures during the period since the last statement; and
1181 (v) total expenditures to date.
1182 (3) (a) For all individual contributions of $50 or less, a single aggregate figure may be
1183 reported without separate detailed listings.
1184 (b) Two or more contributions from the same source that have an aggregate total of
1185 more than $50 may not be reported in the aggregate, but shall be reported separately.
1186 (4) In preparing each interim report, all [
1187 be reported as of five days before the required filing date of the report.
1188 Section 15. Section 20A-11-601 is amended to read:
1189 20A-11-601. Political action committees -- Registration -- Name or acronym used
1190 by political action committee -- Criminal penalty for providing false information or
1191 accepting unlawful contribution.
1192 (1) (a) A political action committee shall file an initial statement of organization with
1193 the lieutenant governor's office no later than 5 p.m. seven days after the day on which the
1194 political action committee:
1195 (i) receives contributions totaling at least $750; or
1196 (ii) distributes expenditures for a political [
1197 (b) Unless the political action committee has filed a notice of dissolution under
1198 Subsection (7), after filing an initial statement of organization, a political action committee
1199 shall file an updated statement of organization with the lieutenant governor's office each year
1200 after the year in which the political action committee files an initial statement of organization:
1201 (i) before 5 p.m. on January 10; or
1202 (ii) electronically, before midnight on January 10.
1203 (c) After filing an initial statement of organization, a political action committee shall,
1204 before January 10 each year after the year in which the political action committee files an initial
1205 statement of organization, file an updated statement of organization with the lieutenant
1206 governor's office.
1207 (2) A statement of organization described in Subsection (1) shall include:
1208 (a) the full name of the political action committee, a second name, if any, and an
1209 acronym, if any;
1210 (b) the address and phone number of the political action committee;
1211 (c) the name, address, telephone number, title, and occupation of:
1212 (i) the two officers described in Subsection (5) and the treasurer of the political action
1213 committee;
1214 (ii) all other officers, advisory members, and governing board members of the political
1215 action committee; and
1216 (iii) each individual or entity represented by, or affiliated with, the political action
1217 committee; and
1218 (d) other relevant information requested by the lieutenant governor.
1219 (3) (a) A political action committee may not use a name or acronym:
1220 (i) other than a name or acronym disclosed in the political action committee's latest
1221 statement of organization;
1222 (ii) that is the same, or deceptively similar to, the name or acronym of another political
1223 action committee; or
1224 (iii) that is likely to mislead a potential donor regarding the individuals or entities
1225 represented by, or affiliated with, the political action committee.
1226 (b) Within seven days after the day on which a political action committee files an
1227 initial statement of organization, the lieutenant governor's office shall:
1228 (i) review the statement and determine whether a name or acronym used by the
1229 political action committee violates Subsection (3)(a)(ii) or (iii); and
1230 (ii) if the lieutenant governor's office determines that a name or acronym used by the
1231 political action committee violates Subsection (3)(a)(ii) or (iii), order, in writing, that the
1232 political action committee:
1233 (A) immediately cease and desist use of the name or acronym; and
1234 (B) within seven days after the day of the order, file an updated statement of
1235 organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
1236 (c) If a political action committee uses a name or acronym that is the same, or
1237 deceptively similar to, the name or acronym of another political action committee, the
1238 lieutenant governor shall determine which political action committee has been using the name
1239 the longest and shall order, in writing, any other political action committee using the same, or a
1240 deceptively similar, name or acronym to:
1241 (i) immediately cease and desist use of the name or acronym; and
1242 (ii) within seven days after the day of the order, file an updated statement of
1243 organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
1244 (d) If a political action committee uses a name or acronym other than a name or
1245 acronym disclosed in the political action committee's latest statement of organization:
1246 (i) the lieutenant governor shall order, in writing, that the political action committee
1247 cease and desist use of the name or acronym; and
1248 (ii) the political action committee shall immediately comply with the order described in
1249 Subsection (3)(d)(i).
1250 (4) (a) The lieutenant governor may, in addition to any other penalty provided by law,
1251 impose a $100 fine against a political action committee, or against an individual who forms a
1252 political action committee, that:
1253 (i) fails to timely file a complete and accurate statement of organization or subsequent
1254 statement of organization; or
1255 (ii) fails to comply with an order described in Subsection (3).
1256 (b) If the lieutenant governor imposes a fine described in Subsection (4)(a)(i):
1257 (i) the person against whom the fine is imposed shall, within seven days after the day
1258 on which the lieutenant governor imposes the fine:
1259 (A) pay the fine; and
1260 (B) file a complete and accurate statement, or subsequent statement, of organization, as
1261 applicable; and
1262 (ii) the lieutenant governor shall provide written notice to the person against whom the
1263 fine is imposed:
1264 (A) of the requirements described in Subsection (4)(b)(i); and
1265 (B) that failure to timely comply with the requirement described in Subsection
1266 (4)(b)(i)(B) is a class B misdemeanor.
1267 (c) The attorney general, or a political action committee that is harmed by the action of
1268 a political action committee in violation of this section, may bring an action for an injunction
1269 against the violating political action committee, or an officer of the violating political action
1270 committee, to enforce the provisions of this section.
1271 (d) A political action committee may bring an action for damages against another
1272 political action committee that uses a name or acronym that is the same, or deceptively similar
1273 to, the name or acronym of the political action committee bringing the action.
1274 (5) (a) Each political action committee shall designate two officers who have primary
1275 decision-making authority for the political action committee.
1276 (b) An individual may not exercise primary decision-making authority for a political
1277 action committee if the individual is not designated under Subsection (5)(a).
1278 (6) A political action committee shall deposit each contribution received in one or
1279 more separate accounts in a financial institution that are dedicated only to that purpose.
1280 (7) (a) A registered political action committee that intends to permanently cease
1281 operations shall file a notice of dissolution with the lieutenant governor's office.
1282 (b) A notice of dissolution filed by a political action committee does not exempt the
1283 political action committee from complying with the financial reporting requirements described
1284 in this chapter in relation to all contributions received, and all expenditures made, before, at, or
1285 after dissolution.
1286 (c) A political action committee shall, before filing a notice of dissolution, dispose of
1287 any money remaining in an account described in Subsection (6) by:
1288 (i) returning the money to the donors;
1289 (ii) donating the money to the campaign account of a candidate or officeholder;
1290 (iii) donating the money to another political action committee;
1291 (iv) donating the money to a political party;
1292 (v) donating the money to an organization that is exempt from federal income taxation
1293 under Section 501(c)(3), Internal Revenue Code; or
1294 (vi) making another lawful expenditure of the money for a political purpose.
1295 (d) A political action committee shall report all money donated or expended in a
1296 financial report to the lieutenant governor, in accordance with the financial reporting
1297 requirements described in this chapter.
1298 (8) (a) Unless the political action committee has filed a notice of dissolution under
1299 Subsection (7), a political action committee shall file, with the lieutenant governor's office,
1300 notice of any change of an officer described in Subsection (5)(a).
1301 (b) A political action committee may not accept a contribution from a political issues
1302 committee, but may donate money to a political issues committee.
1303 (c) A political action committee shall:
1304 (i) file a notice of a change of a primary officer described in Subsection (5)(a) before 5
1305 p.m. within 10 days after the day on which the change occurs; and
1306 (ii) include in the notice of change the name and title of the officer being replaced, and
1307 the name, address, occupation, and title of the new officer.
1308 (9) (a) A person is guilty of providing false information in relation to a political action
1309 committee if the person intentionally or knowingly gives false or misleading material
1310 information in a statement of organization or the notice of change of primary officer.
1311 (b) Each primary officer designated in Subsection (5)(a) or (8)(c) is guilty of accepting
1312 an unlawful contribution if the political action committee knowingly or recklessly accepts a
1313 contribution from a corporation that:
1314 (i) was organized less than 90 days before the date of the general election; and
1315 (ii) at the time the political action committee accepts the contribution, has failed to file
1316 a statement of organization with the lieutenant governor's office as required by Section
1317 20A-11-704.
1318 (c) A violation of this Subsection (9) is a third degree felony.
1319 Section 16. Section 20A-11-602 is amended to read:
1320 20A-11-602. Political action committees -- Financial reporting.
1321 (1) (a) Each registered political action committee that has received contributions
1322 totaling at least $750, or disbursed expenditures totaling at least $750, during a calendar year
1323 shall file a verified financial statement with the lieutenant governor's office:
1324 (i) on January 10, reporting contributions and expenditures as of December 31 of the
1325 previous year;
1326 (ii) seven days before the state political convention of each major political party;
1327 (iii) seven days before the county political convention of a political party, if the
1328 political action committee makes an expenditure on or before the day described in Subsection
1329 (1)(b)(ii) in relation to a candidate that the party may nominate at the convention;
1330 (iv) seven days before the regular primary election date;
1331 (v) on September 30; and
1332 (vi) seven days before:
1333 (A) the municipal general election; and
1334 (B) the regular general election.
1335 (b) The registered political action committee shall report:
1336 (i) a detailed listing of all contributions received and expenditures made since the last
1337 statement; and
1338 (ii) for a financial statement described in Subsections (1)(a)(ii) through (v), all
1339 contributions and expenditures as of five days before the required filing date of the financial
1340 statement.
1341 (c) The registered political action committee need not file a statement under this
1342 section if it received no contributions and made no expenditures during the reporting period.
1343 (2) (a) The verified financial statement shall include:
1344 (i) the name and address of any individual who makes a contribution to the reporting
1345 political action committee, if known, and the amount of the contribution;
1346 (ii) the identification of any publicly identified class of individuals that makes a
1347 contribution to the reporting political action committee, if known, and the amount of the
1348 contribution;
1349 (iii) the name and address of any political action committee, group, or entity, if known,
1350 that makes a contribution to the reporting political action committee, and the amount of the
1351 contribution;
1352 (iv) for each nonmonetary contribution, the fair market value of the contribution;
1353 (v) the name and address of each reporting entity that received an expenditure from the
1354 reporting political action committee, and the amount of each expenditure;
1355 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
1356 (vii) the total amount of contributions received and expenditures disbursed by the
1357 reporting political action committee;
1358 (viii) a statement by the political action committee's treasurer or chief financial officer
1359 certifying that, to the best of the person's knowledge, the financial report is accurate; and
1360 (ix) a summary page in the form required by the lieutenant governor that identifies:
1361 (A) beginning balance;
1362 (B) total contributions during the period since the last statement;
1363 (C) total contributions to date;
1364 (D) total expenditures during the period since the last statement; and
1365 (E) total expenditures to date.
1366 (b) (i) Contributions received by a political action committee that have a value of $50
1367 or less need not be reported individually, but shall be listed on the report as an aggregate total.
1368 (ii) Two or more contributions from the same source that have an aggregate total of
1369 more than $50 may not be reported in the aggregate, but shall be reported separately.
1370 (c) A political action committee is not required to report an independent expenditure
1371 under Part 17, Independent Expenditures, if, in the financial statement described in this section,
1372 the political action committee:
1373 (i) includes the independent expenditure;
1374 (ii) identifies the independent expenditure as an independent expenditure; and
1375 (iii) provides the information, described in Section 20A-11-1704, in relation to the
1376 independent expenditure.
1377 (3) A group or entity may not divide or separate into units, sections, or smaller groups
1378 for the purpose of avoiding the financial reporting requirements of this chapter, and substance
1379 shall prevail over form in determining the scope or size of a political action committee.
1380 (4) (a) As used in this Subsection (4), "received" means:
1381 (i) for a cash contribution, that the cash is given to a political action committee;
1382 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1383 instrument or check is negotiated; and
1384 (iii) for any other type of contribution, that any portion of the contribution's benefit
1385 inures to the political action committee.
1386 (b) A political action committee shall report each contribution to the lieutenant
1387 governor within 31 days after the contribution is received.
1388 (5) A political action committee may not expend a contribution for a political
1389 [
1390 (a) is cash or a negotiable instrument;
1391 (b) exceeds $50; and
1392 (c) is from an unknown source.
1393 (6) Within 31 days after receiving a contribution that is cash or a negotiable
1394 instrument, exceeds $50, and is from an unknown source, a political action committee shall
1395 disburse the amount of the contribution to:
1396 (a) the treasurer of the state or a political subdivision for deposit into the state's or
1397 political subdivision's general fund; or
1398 (b) an organization that is exempt from federal income taxation under Section
1399 501(c)(3), Internal Revenue Code.
1400 Section 17. Section 20A-11-1301 is amended to read:
1401 20A-11-1301. School board office -- Campaign finance requirements -- Candidate
1402 as a political action committee officer -- No personal use -- Contribution reporting
1403 deadline -- Report other accounts -- Anonymous contributions.
1404 (1) (a) (i) Each school board office candidate shall deposit each contribution received
1405 in one or more separate accounts in a financial institution that are dedicated only to that
1406 purpose.
1407 (ii) A school board office candidate may:
1408 (A) receive a contribution from a political action committee registered under Section
1409 20A-11-601; and
1410 (B) be designated by a political action committee as an officer who has primary
1411 decision-making authority as described in Section 20A-11-601.
1412 (b) A school board office candidate may not use money deposited in an account
1413 described in Subsection (1)(a)(i) for:
1414 (i) a personal use expenditure; or
1415 (ii) an expenditure prohibited by law.
1416 (c) (i) Each school board officeholder shall deposit each contribution and [
1417
1418 institution that are dedicated only to that purpose.
1419 (ii) A school board officeholder may:
1420 (A) receive a contribution or public service assistance from a political action
1421 committee registered under Section 20A-11-601; and
1422 (B) be designated by a political action committee as an officer who has primary
1423 decision-making authority as described in Section 20A-11-601.
1424 (d) A school board officeholder may not use money deposited in an account described
1425 in Subsection (1)(a)(i) or (1)(c)(i) for:
1426 (i) a personal use expenditure; or
1427 (ii) an expenditure prohibited by law.
1428 (2) (a) A school board office candidate may not deposit or mingle any contributions
1429 received into a personal or business account.
1430 (b) A school board officeholder may not deposit or mingle any contributions or [
1431
1432 (3) A school board office candidate or school board officeholder may not make any
1433 political expenditures prohibited by law.
1434 (4) If a person who is no longer a school board office candidate chooses not to expend
1435 the money remaining in a campaign account, the person shall continue to file the year-end
1436 summary report required by Section 20A-11-1302 until the statement of dissolution and final
1437 summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
1438 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
1439 is no longer a school board office candidate may not expend or transfer the money in a
1440 campaign account in a manner that would cause the former school board office candidate to
1441 recognize the money as taxable income under federal tax law.
1442 (b) A person who is no longer a school board office candidate may transfer the money
1443 in a campaign account in a manner that would cause the former school board office candidate
1444 to recognize the money as taxable income under federal tax law if the transfer is made to a
1445 campaign account for federal office.
1446 (6) (a) As used in this Subsection (6), "received" means the same as that term is
1447 defined in Subsection 20A-11-1303(1)(a).
1448 (b) Except as provided in Subsection (6)(d), each school board office candidate shall
1449 report to the chief election officer each contribution received by the school board office
1450 candidate:
1451 (i) except as provided in Subsection (6)(b)(ii), within 31 days after the day on which
1452 the contribution is received; or
1453 (ii) within seven business days after the day on which the contribution is received, if:
1454 (A) the school board office candidate is contested in a convention and the contribution
1455 is received within 30 days before the day on which the convention is held;
1456 (B) the school board office candidate is contested in a primary election and the
1457 contribution is received within 30 days before the day on which the primary election is held; or
1458 (C) the school board office candidate is contested in a general election and the
1459 contribution is received within 30 days before the day on which the general election is held.
1460 (c) For each contribution that a school board office candidate fails to report within the
1461 time period described in Subsection (6)(b), the chief election officer shall impose a fine against
1462 the school board office candidate in an amount equal to:
1463 (i) 10% of the amount of the contribution, if the school board office candidate reports
1464 the contribution within 60 days after the day on which the time period described in Subsection
1465 (6)(b) ends; or
1466 (ii) 20% of the amount of the contribution, if the school board office candidate fails to
1467 report the contribution within 60 days after the day on which the time period described in
1468 Subsection (6)(b) ends.
1469 (d) The lieutenant governor may waive the fine described in Subsection (6)(c) and
1470 issue a warning to the school board office candidate if:
1471 (i) the contribution that the school board office candidate fails to report is paid by the
1472 school board office candidate from the school board office candidate's personal funds;
1473 (ii) the school board office candidate has not previously violated Subsection (6)(c) in
1474 relation to a contribution paid by the school board office candidate from the school board office
1475 candidate's personal funds; and
1476 (iii) the lieutenant governor determines that the failure to timely report the contribution
1477 is due to the school board office candidate not understanding that the reporting requirement
1478 includes a contribution paid by a school board office candidate from the school board office
1479 candidate's personal funds.
1480 (e) The chief election officer shall:
1481 (i) deposit money received under Subsection (6)(c) into the General Fund; and
1482 (ii) report on the chief election officer's website, in the location where reports relating
1483 to each school board office candidate are available for public access:
1484 (A) each fine imposed by the chief election officer against the school board office
1485 candidate;
1486 (B) the amount of the fine;
1487 (C) the amount of the contribution to which the fine relates; and
1488 (D) the date of the contribution.
1489 (7) Within 31 days after receiving a contribution that is cash or a negotiable
1490 instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
1491 disburse the contribution to an organization that is exempt from federal income taxation under
1492 Section 501(c)(3), Internal Revenue Code.
1493 (8) (a) As used in this Subsection (8), "account" means an account in a financial
1494 institution:
1495 (i) that is not described in Subsection (1)(a)(i); and
1496 (ii) into which or from which a person who, as a candidate for an office, other than a
1497 school board office for which the person files a declaration of candidacy or federal office, or as
1498 a holder of an office, other than a school board office for which the person files a declaration of
1499 candidacy or federal office, deposits a contribution or makes an expenditure.
1500 (b) A school board office candidate shall include on any financial statement filed in
1501 accordance with this part:
1502 (i) a contribution deposited in an account:
1503 (A) since the last campaign finance statement was filed; or
1504 (B) that has not been reported under a statute or ordinance that governs the account; or
1505 (ii) an expenditure made from an account:
1506 (A) since the last campaign finance statement was filed; or
1507 (B) that has not been reported under a statute or ordinance that governs the account.
1508 Section 18. Section 20A-11-1302 is amended to read:
1509 20A-11-1302. School board office candidate -- Financial reporting requirements
1510 -- Year-end summary report.
1511 (1) (a) Each school board office candidate shall file a summary report by January 10 of
1512 the year after the regular general election year.
1513 (b) In addition to the requirements of Subsection (1)(a), a former school board office
1514 candidate that has not filed the statement of dissolution and final summary report required
1515 under Section 20A-11-1304 shall continue to file a summary report on January 10 of each year.
1516 (2) (a) Each summary report shall include the following information as of December 31
1517 of the previous year:
1518 (i) the net balance of the last financial statement, if any;
1519 (ii) a single figure equal to the total amount of [
1520 assistance reported on all interim reports, if any, during the previous year;
1521 (iii) a single figure equal to the total amount of expenditures reported on all interim
1522 reports, if any, filed during the previous year;
1523 (iv) a detailed listing of each contribution received since the last summary report that
1524 has not been reported in detail on an interim report;
1525 (v) for each nonmonetary contribution:
1526 (A) the fair market value of the contribution with that information provided by the
1527 contributor; and
1528 (B) a specific description of the contribution;
1529 (vi) a detailed listing of each expenditure made since the last summary report that has
1530 not been reported in detail on an interim report;
1531 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1532 (viii) a net balance for the year consisting of the net balance from the last summary
1533 report, if any, plus all [
1534 expenditures; and
1535 (ix) the name of a political action committee for which the school board office
1536 candidate is designated as an officer who has primary decision-making authority under Section
1537 20A-11-601.
1538 (b) In preparing the report, all [
1539 expenditures shall be reported as of December 31 of the previous year.
1540 (c) A check or negotiable instrument received by a school board office candidate on or
1541 before December 31 of the previous year shall be included in the summary report.
1542 (3) The school board office candidate shall certify in the summary report that, to the
1543 best of the school board office candidate's knowledge, all receipts [
1544 assistance, and expenditures have been reported as of December 31 of the previous year and
1545 that there are no bills or obligations outstanding and unpaid except as set forth in that report.
1546 Section 19. Section 20A-11-1303 is amended to read:
1547 20A-11-1303. School board office candidate and school board officeholder --
1548 Financial reporting requirements -- Interim reports.
1549 (1) (a) As used in this section, "received" means:
1550 (i) for a cash contribution, that the cash is given to a school board office candidate or a
1551 member of the school board office candidate's personal campaign committee;
1552 (ii) for a contribution that is a check or other negotiable instrument, that the check or
1553 other negotiable instrument is negotiated;
1554 (iii) for a direct deposit made into a campaign account by a person not associated with
1555 the campaign, the earlier of:
1556 (A) the day on which the school board office candidate or a member of the school
1557 board office candidate's personal campaign committee becomes aware of the deposit and the
1558 source of the deposit;
1559 (B) the day on which the school board office candidate or a member of the school
1560 board office candidate's personal campaign committee receives notice of the deposit and the
1561 source of the deposit by mail, email, text, or similar means; or
1562 (C) 31 days after the day on which the direct deposit occurs; or
1563 (iv) for any other type of contribution, that any portion of the contribution's benefit
1564 inures to the school board office candidate.
1565 (b) As used in this Subsection (1), "campaign account" means a separate campaign
1566 account required under Subsection 20A-11-1301(1)(a)(i) or (c)(i).
1567 (c) Each school board office candidate shall file an interim report at the following
1568 times in any year in which the candidate has filed a declaration of candidacy for a public office:
1569 (i) May 15;
1570 (ii) seven days before the regular primary election date;
1571 (iii) September 30; and
1572 (iv) seven days before the regular general election date.
1573 (2) Each interim report shall include the following information:
1574 (a) the net balance of the last summary report, if any;
1575 (b) a single figure equal to the total amount of receipts reported on all prior interim
1576 reports, if any, during the calendar year in which the interim report is due;
1577 (c) a single figure equal to the total amount of expenditures reported on all prior
1578 interim reports, if any, filed during the calendar year in which the interim report is due;
1579 (d) a detailed listing of:
1580 (i) for a school board office candidate, each contribution received since the last
1581 summary report that has not been reported in detail on a prior interim report; or
1582 (ii) for a school board officeholder, each contribution and [
1583 assistance received since the last summary report that has not been reported in detail on a prior
1584 interim report;
1585 (e) for each nonmonetary contribution:
1586 (i) the fair market value of the contribution with that information provided by the
1587 contributor; and
1588 (ii) a specific description of the contribution;
1589 (f) a detailed listing of each expenditure made since the last summary report that has
1590 not been reported in detail on a prior interim report;
1591 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1592 (h) a net balance for the year consisting of the net balance from the last summary
1593 report, if any, plus all receipts since the last summary report minus all expenditures since the
1594 last summary report;
1595 (i) a summary page in the form required by the lieutenant governor that identifies:
1596 (i) beginning balance;
1597 (ii) total contributions during the period since the last statement;
1598 (iii) total contributions to date;
1599 (iv) total expenditures during the period since the last statement; and
1600 (v) total expenditures to date; and
1601 (j) the name of a political action committee for which the school board office candidate
1602 or school board officeholder is designated as an officer who has primary decision-making
1603 authority under Section 20A-11-601.
1604 (3) (a) In preparing each interim report, all receipts and expenditures shall be reported
1605 as of five days before the required filing date of the report.
1606 (b) Any negotiable instrument or check received by a school board office candidate or
1607 school board officeholder more than five days before the required filing date of a report
1608 required by this section shall be included in the interim report.
1609 Section 20. Section 20A-11-1502 is amended to read:
1610 20A-11-1502. Campaign financial reporting of expenditures -- Filing
1611 requirements -- Statement contents.
1612 (1) (a) Each labor organization that has made expenditures for a political [
1613 purpose or political issues expenditures on current or proposed ballot issues that total at least
1614 $750 during a calendar year shall file a verified financial statement with the lieutenant
1615 governor's office:
1616 (i) on January 10, reporting expenditures as of December 31 of the previous year;
1617 (ii) seven days before the regular primary election date;
1618 (iii) on September 30; and
1619 (iv) seven days before the regular general election date.
1620 (b) The labor organization shall report:
1621 (i) a detailed listing of all expenditures made since the last statement; and
1622 (ii) for a financial statement described in Subsections (1)(a)(ii) through (iv), all
1623 expenditures as of five days before the required filing date of the financial statement.
1624 (c) The labor organization is not required to file a financial statement under this section
1625 if the labor organization:
1626 (i) made no expenditures during the reporting period; or
1627 (ii) reports the labor organization's expenditures during the reporting period under
1628 another part of this chapter.
1629 (2) The financial statement shall include:
1630 (a) the name and address of each reporting entity that received an expenditure or
1631 political issues expenditure of more than $50 from the labor organization, and the amount of
1632 each expenditure or political issues expenditure;
1633 (b) the total amount of expenditures disbursed by the labor organization; and
1634 (c) a statement by the labor organization's treasurer or chief financial officer certifying
1635 the accuracy of the financial statement.
1636 Section 21. Section 20A-11-1704 is amended to read:
1637 20A-11-1704. Independent expenditure report.
1638 (1) Except as provided in Section 20A-11-1703, within 31 days after the day on which
1639 a person has made a total of at least $1,000 in independent expenditures during an election
1640 cycle, the person shall file an independent expenditure report with the chief election officer.
1641 (2) Except as provided in Section 20A-11-1703, within 31 days after the day on which
1642 a person has made a total of at least $1,000 in independent expenditures during an election
1643 cycle that were not reported in an independent expenditure report already filed with the chief
1644 election officer during the same election cycle, the person shall file another independent
1645 expenditure report with the chief election officer.
1646 (3) An independent expenditure report shall include the following information:
1647 (a) if the person who made the independent expenditures is an individual, the person's
1648 name, address, and phone number;
1649 (b) if the person who made the independent expenditures is not an individual:
1650 (i) the person's name, address, and phone number; and
1651 (ii) the name, address, and phone number of an individual who may be contacted by the
1652 chief election officer in relation to the independent expenditure report; and
1653 (c) for each independent expenditure made by the person during the current election
1654 cycle that was not reported in a previous independent expenditure report:
1655 (i) the date of the independent expenditure;
1656 (ii) the amount of the independent expenditure;
1657 (iii) the candidate or ballot proposition for which the independent expenditure
1658 expressly advocates the success or defeat and a description of whether the independent
1659 expenditure supports or opposes the candidate or ballot proposition;
1660 (iv) the identity, address, and phone number of the person to whom the independent
1661 expenditure was made;
1662 (v) a description of the goods or services obtained by the independent expenditure; and
1663 (vi) for each person who, for a political [
1664 donations of $1,000 or more during the current election cycle to the filer of the independent
1665 expenditure report:
1666 (A) the identity, address, and phone number of the person;
1667 (B) the date of the donation; and
1668 (C) the amount of the donation.
1669 (4) (a) If the person filing an independent expenditure report is an individual, the
1670 person shall sign the independent expenditure report and certify that the information contained
1671 in the report is complete and accurate.
1672 (b) If the person filing an independent expenditure report is not an individual:
1673 (i) the person filing the independent expenditure report shall designate an authorized
1674 individual to sign the independent expenditure report on behalf of the person; and
1675 (ii) the individual designated under Subsection (4)(b)(i) shall sign the independent
1676 expenditure report and certify that the information contained in the report is complete and
1677 accurate.
1678 (5) If a person who files an independent expenditure report previously filed an
1679 independent expenditure report during, or in relation to, the same election cycle that includes
1680 information, described in Subsection (3)(a) or (b), that has changed since the person filed the
1681 previous independent expenditure report, the person shall include in the most recent
1682 independent expenditure report a description of the information that has changed that includes
1683 both the old information and the new information.
1684 (6) An independent expenditure report is a public record under Title 63G, Chapter 2,
1685 Government Records Access and Management Act.
1686 Section 22. Section 36-35-101 is enacted to read:
1687 36-35-101. Definitions.
1688 As used in this chapter:
1689 (1) "Foreign agent" means:
1690 (a) an official of a foreign entity; or
1691 (b) an individual acting for, or on behalf of, a foreign entity.
1692 (2) "Foreign entity" means:
1693 (a) a foreign government; or
1694 (b) a corporation or other organization that is owned or controlled by a foreign
1695 government.
1696 (3) "Foreign financed travel" means the following, provided by, paid for by, paid for
1697 with funds received from, or reimbursed with funds received from, a foreign agent or foreign
1698 entity, in whole or in part:
1699 (a) transportation outside of Utah; or
1700 (b) food, beverage, lodging, or other goods or services incidental to transportation
1701 outside of Utah.
1702 (4) "Foreign government" means a government other than the government of:
1703 (a) the United States;
1704 (b) a state within the United States;
1705 (c) a territory or possession of the United States; or
1706 (d) a political subdivision of a government described in Subsections (4)(a) through (c).
1707 (5) "Officeholder assistance" means the same as that term is defined in Section
1708 20A-11-101.
1709 Section 23. Section 36-35-102 is enacted to read:
1710 36-35-102. Disclosure of foreign financed travel.
1711 (1) Except as provided in Subsection (3), a legislator who receives foreign financed
1712 travel, or receives funds or reimbursement for travel that would make the travel foreign
1713 financed travel, shall disclose the travel in accordance with this section if the legislator knows
1714 or through the exercise of reasonable diligence should know that the travel, funds for the travel,
1715 or reimbursement for the travel is provided in whole or in part by:
1716 (a) a foreign entity; or
1717 (b) an agent of a foreign entity acting in the agent's capacity as an agent of a foreign
1718 entity.
1719 (2) A legislator described in Subsection (1) shall make the disclosure within 31 days
1720 after the later of the day on which the legislator:
1721 (a) receives the travel;
1722 (b) receives funds or reimbursement for the travel; or
1723 (c) gains the knowledge, or through the exercise of reasonable diligence should have
1724 gained the knowledge, described in Subsection (1).
1725 (3) A legislator described in Subsection (1) is not required to make the disclosure
1726 described in this section if:
1727 (a) before the deadline described in Subsection (2), the legislator:
1728 (i) cancels the travel; or
1729 (ii) returns the funds or reimbursement for the travel; or
1730 (b) the legislator engages in the travel before the legislator gains the knowledge, or
1731 through the exercise of reasonable diligence should have gained the knowledge, described in
1732 Subsection (1).
1733 (4) A legislator required to make a disclosure described in this section shall:
1734 (a) make the disclosure to:
1735 (i) if the legislator is a senator, an individual designated by the secretary of the Senate;
1736 or
1737 (ii) if the legislator is a representative, an individual designated by the clerk of the
1738 House of Representatives; and
1739 (b) provide the following information in the disclosure:
1740 (i) the legislator's name;
1741 (ii) the dates the legislator engaged in the travel;
1742 (iii) the date the legislator received funds or reimbursement for the travel;
1743 (iv) the actual cost of the travel or, if the actual cost cannot be determined, the fair
1744 market value of the travel;
1745 (v) the amount of funds received for the travel and the amount of reimbursement for
1746 the travel;
1747 (vi) the name of each foreign entity, foreign government, and foreign agent that paid, in
1748 whole or in part, for the travel; and
1749 (vii) the name of each foreign agent that provided the travel on behalf of the foreign
1750 entity.
1751 (5) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
1752 Access and Management Act, the secretary of the Senate and the clerk of the House of
1753 Representatives shall:
1754 (a) make each disclosure described in this section available for public inspection and
1755 copying no later than one business day after the day on which the legislator files the statement;
1756 and
1757 (b) maintain a disclosure described in this section for at least four years.
1758 Section 24. Section 36-35-103 is enacted to read:
1759 36-35-103. Disclosure of officeholder assistance.
1760 (1) A legislator shall, within 31 days after the day on which the legislator receives
1761 officeholder assistance, disclose:
1762 (a) the fair market value of the officeholder assistance;
1763 (b) the dates that the legislator received the officeholder assistance;
1764 (c) the names and addresses of the persons who provided the officeholder assistance;
1765 and
1766 (d) a description of the officeholder assistance and the purpose of the officeholder
1767 assistance.
1768 (2) A legislator shall make the disclosure described in Subsection (1), in writing, to:
1769 (a) if the legislator is a senator, an individual designated by the secretary of the Senate;
1770 or
1771 (b) if the legislator is a representative, an individual designated by the clerk of the
1772 House of Representatives.
1773 (3) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
1774 Access and Management Act, the secretary of the Senate and the clerk of the House of
1775 Representatives shall:
1776 (a) make each disclosure described in this section available for public inspection and
1777 copying no later than one business day after the day on which the legislator files the statement;
1778 and
1779 (b) maintain a disclosure described in this section for at least four years.
1780 Section 25. Effective date.
1781 This bill takes effect on July 1, 2024.