Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 91 Fourth Substitute (2015GS)

Sponsor

Rep. Powell, K.

Final action

House/ to Governor 3/20/2015

Outcome

House/ to Governor

Summary

What it does

• This bill:
• amends definitions;
• prohibits an anonymous contribution that is:
• over $50; and
• cash or a negotiable instrument;
• requires a candidate to disburse an anonymous contribution or public service assistance that is cash or a negotiable instrument and over $50 to:
• the state or a political subdivision for deposit into its general fund; or
• an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
• prohibits a filing entity, other than a candidate, from using an anonymous contribution that is cash or a negotiable instrument in excess of $50 for a political purpose or as a political issues expenditure; and
• makes technical changes.

Every vote on this bill

Bill text

CAMPAIGN CONTRIBUTIONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kraig Powell
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends campaign finance provisions related to anonymous contributions, in
the form of cash or a negotiable instrument, and aggregate reporting of those
contributions.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ prohibits an anonymous contribution that is:
• over $50; and
• cash or a negotiable instrument;
▸ requires a candidate to disburse an anonymous contribution or public service
assistance that is cash or a negotiable instrument and over $50 to:
• the state or a political subdivision for deposit into its general fund; or
• an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code;
▸ prohibits a filing entity, other than a candidate, from using an anonymous
contribution that is cash or a negotiable instrument in excess of $50 for a political
purpose or as a political issues expenditure; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-208
, as last amended by Laws of Utah 2012, Chapters 190, 190, 230, and 230
17-16-6.5
, as last amended by Laws of Utah 2014, Chapter 337
20A-11-101
, as last amended by Laws of Utah 2014, Chapters 18, 158, and 337
20A-11-201
, as last amended by Laws of Utah 2014, Chapter 335
20A-11-301
, as last amended by Laws of Utah 2014, Chapter 335
20A-11-401
, as last amended by Laws of Utah 2011, Chapters 297 and 347
20A-11-505.7
, as enacted by Laws of Utah 2011, Chapter 396
20A-11-602
, as last amended by Laws of Utah 2013, Chapter 420
20A-11-802
, as last amended by Laws of Utah 2013, Chapter 420
20A-11-904
, as enacted by Laws of Utah 2010, Chapter 389
20A-11-1301
, as last amended by Laws of Utah 2014, Chapters 335 and 337
20A-12-301
, as enacted by Laws of Utah 2001, Chapter 166
20A-12-303
, as last amended by Laws of Utah 2014, Chapter 335
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3-208
 is amended to read:
10-3-208.
Campaign finance disclosure in municipal election.
(1) As used in this section:
(a) "Reporting date" means:
(i) 10 days before a municipal general election, for a campaign finance statement
required to be filed no later than seven days before a municipal general election; and
(ii) the day of filing, for a campaign finance statement required to be filed no later than
30 days after a municipal primary or general election.
(b) "Reporting limit" means for each calendar year:
(i) $50; or
(ii) an amount lower than $50 that is specified in an ordinance of the municipality.
(2) (a) (i) Each candidate for municipal office:
(A) shall deposit a campaign contribution in a separate campaign account in a financial
institution; and
(B) may not deposit or mingle any campaign contributions received into a personal or
business account.
(ii) Each candidate for municipal office who is not eliminated at a municipal primary
election shall file with the municipal clerk or recorder a campaign finance statement:
(A) no later than seven days before the date of the municipal general election; and
(B) no later than 30 days after the date of the municipal general election.
(iii) Each candidate for municipal office who is eliminated at a municipal primary
election shall file with the municipal clerk or recorder a campaign finance statement no later
than 30 days after the date of the municipal primary election.
(b) Each campaign finance statement under Subsection (2)(a) shall:
(i) except as provided in Subsection (2)(b)(ii):
(A) report all of the candidate's itemized and total:
(I) campaign contributions, including in-kind and other nonmonetary contributions,
received before the close of the reporting date; and
(II) campaign expenditures made through the close of the reporting date; and
(B) identify:
(I) for each contribution that exceeds the reporting limit, the amount of the contribution
and the name of the donor
, if known
;
(II) the aggregate total of all contributions that individually do not exceed the reporting
limit; and
(III) for each campaign expenditure, the amount of the expenditure and the name of the
recipient of the expenditure; or
(ii) report the total amount of all campaign contributions and expenditures if the
candidate receives $500 or less in campaign contributions and spends $500 or less on the
candidate's campaign.
(c) A person who makes a contribution to a candidate shall disclose the person's name
to the candidate if the contribution:
(i) is cash or a negotiable instrument; and
(ii) exceeds the reporting limit.
(d) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds the reporting limit, and is from a donor whose name is unknown, a
candidate shall disburse the amount of the contribution to:
(i) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(ii) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
(3) (a) As used in this Subsection (3), "account" means an account in a financial
institution:
(i) that is not described in Subsection (2)(a)(i)(A); and
(ii) into which or from which a person who, as a candidate for an office, other than a
municipal office for which the person files a declaration of candidacy or federal office, or as a
holder of an office, other than a municipal office for which the person files a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(b) A municipal office candidate shall include on any campaign finance statement filed
in accordance with this section:
(i) a contribution deposited in an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account; or
(ii) an expenditure made from an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
(4) (a) A municipality may, by ordinance:
(i) provide a reporting limit lower than $50;
(ii) require greater disclosure of campaign contributions and expenditures than is
required in this section; and
(iii) impose additional penalties on candidates who fail to comply with the applicable
requirements beyond those imposed by this section.
(b) A candidate for municipal office is subject to the provisions of this section and not
the provisions of an ordinance adopted by the municipality under Subsection (4)(a) if:
(i) the municipal ordinance establishes requirements or penalties that differ from those
established in this section; and
(ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
ordinance as required in Subsection (5).
(5) Each municipal clerk or recorder shall, at the time the candidate for municipal
office files a declaration of candidacy, and again 14 days before each municipal general
election, notify the candidate in writing of:
(a) the provisions of statute or municipal ordinance governing the disclosure of
campaign contributions and expenditures;
(b) the dates when the candidate's campaign finance statement is required to be filed;
and
(c) the penalties that apply for failure to file a timely campaign finance statement,
including the statutory provision that requires removal of the candidate's name from the ballot
for failure to file the required campaign finance statement when required.
(6) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
Access and Management Act, the municipal clerk or recorder shall:
(a) make each campaign finance statement filed by a candidate available for public
inspection and copying no later than one business day after the statement is filed; and
(b) make the campaign finance statement filed by a candidate available for public
inspection by:
(i) (A) posting an electronic copy or the contents of the statement on the municipality's
website no later than seven business days after the statement is filed; and
(B) verifying that the address of the municipality's website has been provided to the
lieutenant governor in order to meet the requirements of Subsection 
20A-11-103
(5); or
(ii) submitting a copy of the statement to the lieutenant governor for posting on the
website established by the lieutenant governor under Section 
20A-11-103
 no later than two
business days after the statement is filed.
(7) (a) If a candidate fails to file a campaign finance statement before the municipal
general election by the deadline specified in Subsection (2)(a)(ii)(A), the municipal clerk or
recorder shall inform the appropriate election official who:
(i) shall:
(A) if practicable, remove the candidate's name from the ballot by blacking out the
candidate's name before the ballots are delivered to voters; or
(B) if removing the candidate's name from the ballot is not practicable, inform the
voters by any practicable method that the candidate has been disqualified and that votes cast for
the candidate will not be counted; and
(ii) may not count any votes for that candidate.
(b) Notwithstanding Subsection (7)(a), a candidate who files a campaign finance
statement seven days before a municipal general election is not disqualified if:
(i) the statement details accurately and completely the information required under
Subsection (2)(b), except for inadvertent omissions or insignificant errors or inaccuracies; and
(ii) the omissions, errors, or inaccuracies are corrected in an amended report or in the
next scheduled report.
(8) A campaign finance statement required under this section is considered filed if it is
received in the municipal clerk or recorder's office by 5 p.m. on the date that is it due.
(9) (a) A private party in interest may bring a civil action in district court to enforce the
provisions of this section or an ordinance adopted under this section.
(b) In a civil action under Subsection (9)(a), the court may award costs and attorney
fees to the prevailing party.
Section 2. Section 
17-16-6.5
 is amended to read:
17-16-6.5.
Campaign financial disclosure in county elections.
(1) A person who makes a contribution to a candidate shall disclose the person's name
to the candidate if the contribution:
(a) is cash or a negotiable instrument; and
(b) exceeds $50.
[
(1)
] 
(2)
 (a) A county shall adopt an ordinance establishing campaign finance
disclosure requirements for:
(i) candidates for county office; and
(ii) candidates for local school board office who reside in that county.
(b) The ordinance required by Subsection [
(1)
] 
(2)
(a) shall include:
(i) a requirement that each candidate for county office or local school board office
report the candidate's itemized and total campaign contributions and expenditures at least once
within the two weeks before the election and at least once within two months after the election;
(ii) a definition of "contribution" and "expenditure" that requires reporting of
nonmonetary contributions such as in-kind contributions and contributions of tangible things;
(iii) a requirement that the financial reports identify:
(A) for each contribution of more than $50, the name of the donor of the contribution
,
if known,
 and the amount of the contribution; and
(B) for each expenditure, the name of the recipient and the amount of the expenditure;
(iv) a requirement that a candidate for county office or local school board office
deposit a contribution in a separate campaign account in a financial institution; [
and
]
(v) a prohibition against a candidate for county office or local school board office
depositing or mingling any contributions received into a personal or business account[
.
]
;
(vi) a requirement that a person who makes a contribution to a candidate shall disclose
the person's name to the candidate if the contribution:
(A) is cash or a negotiable instrument; and
(B) exceeds $50; and
(vii) a requirement that a candidate for county office who receives a contribution that is
cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown,
shall, within 30 days after receiving the contribution, disburse the amount of the contribution
to:
(A) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(B) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
(c) (i) As used in this Subsection [
(1)
] 
(2)
(c), "account" means an account in a financial
institution:
(A) that is not described in Subsection [
(1)
] 
(2)
(b)(iv); and
(B) into which or from which a person who, as a candidate for an office, other than a
county office for which the person files a declaration of candidacy or federal office, or as a
holder of an office, other than a county office for which the person files a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(ii) The ordinance required by Subsection [
(1)
] 
(2)
(a) shall include a requirement that a
candidate for county office or local school board office include on a financial report filed in
accordance with the ordinance a contribution deposited in or an expenditure made from an
account:
(A) since the last financial report was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
[
(2)
] 
(3)
 If any county fails to adopt a campaign finance disclosure ordinance described
in Subsection [
(1)
] 
(2)
, candidates for county office, other than community council office, and
candidates for local school board office shall comply with the financial reporting requirements
contained in Subsections [
(3)
] 
(4)
 through [
(7)
] 
(9)
.
[
(3)
] 
(4)
 A candidate for elective office in a county or local school board office:
(a) shall deposit a contribution in a separate campaign account in a financial institution;
and
(b) may not deposit or mingle any contributions received into a personal or business
account.
[
(4)
] 
(5)
 Each candidate for elective office in any county who is not required to submit
a campaign financial statement to the lieutenant governor, and each candidate for local school
board office, shall file a signed campaign financial statement with the county clerk:
(a) seven days before the date of the regular general election, reporting each
contribution of more than $50 and each expenditure as of 10 days before the date of the regular
general election; and
(b) no later than 30 days after the date of the regular general election.
[
(5)
] 
(6)
 (a) The statement filed seven days before the regular general election shall
include:
(i) a list of each contribution of more than $50 received by the candidate, and the name
of the donor
, if known
;
(ii) an aggregate total of all contributions of $50 or less received by the candidate; and
(iii) a list of each expenditure for political purposes made during the campaign period,
and the recipient of each expenditure.
(b) The statement filed 30 days after the regular general election shall include:
(i) a list of each contribution of more than $50 received after the cutoff date for the
statement filed seven days before the election, and the name of the donor;
(ii) an aggregate total of all contributions of $50 or less received by the candidate after
the cutoff date for the statement filed seven days before the election; and
(iii) a list of all expenditures for political purposes made by the candidate after the
cutoff date for the statement filed seven days before the election, and the recipient of each
expenditure.
[
(6)
] 
(7)
 (a) As used in this Subsection [
(6)
] 
(7)
, "account" means an account in a
financial institution:
(i) that is not described in Subsection [
(3)
] 
(4)
(a); and
(ii) into which or from which a person who, as a candidate for an office, other than a
county office for which the person filed a declaration of candidacy or federal office, or as a
holder of an office, other than a county office for which the person filed a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(b) A county office candidate and a local school board office candidate shall include on
any campaign financial statement filed in accordance with Subsection [
(4) or
] (5) 
or (6)
:
(i) a contribution deposited in an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account; or
(ii) an expenditure made from an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
(8) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds $50, and is from a donor whose name is unknown, a county office
candidate shall disburse the amount of the contribution to:
(a) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
[
(7)
] 
(9)
 Candidates for elective office in any county, and candidates for local school
board office, who are eliminated at a primary election shall file a signed campaign financial
statement containing the information required by this section not later than 30 days after the
primary election.
[
(8)
] 
(10)
 Any person who fails to comply with this section is guilty of an infraction.
[
(9)
] 
(11)
 (a) Counties may, by ordinance, enact requirements that:
(i) require greater disclosure of campaign contributions and expenditures; and
(ii) impose additional penalties.
(b) The requirements described in Subsection [
(9)
] 
(11)
(a) apply to a local school
board office candidate who resides in that county.
[
(10)
] 
(12)
 (a) If a candidate fails to file an interim report due before the election, the
county clerk shall, after making a reasonable attempt to discover if the report was timely
mailed, inform the appropriate election officials who:
(i) (A) shall, if practicable, remove the name of the candidate by blacking out the
candidate's name before the ballots are delivered to voters; or
(B) shall, if removing the candidate's name from the ballot is not practicable, inform
the voters by any practicable method that the candidate has been disqualified and that votes
cast for the candidate will not be counted; and
(ii) may not count any votes for that candidate.
(b) Notwithstanding Subsection [
(10)
] 
(12)
(a), a candidate is not disqualified if:
(i) the candidate files the reports required by this section;
(ii) those reports are completed, detailing accurately and completely the information
required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
and
(iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
the next scheduled report.
(c) A report is considered filed if:
(i) it is received in the county clerk's office no later than 5 p.m. on the date that it is
due;
(ii) it is received in the county clerk's office with a United States Postal Service
postmark three days or more before the date that the report was due; or
(iii) the candidate has proof that the report was mailed, with appropriate postage and
addressing, three days before the report was due.
[
(11)
] 
(13)
 (a) Any private party in interest may bring a civil action in district court to
enforce the provisions of this section or any ordinance adopted under this section.
(b) In a civil action filed under Subsection [
(11)
] 
(13)
(a), the court shall award costs
and [
attorney's
] 
attorney
 fees to the prevailing party.
[
(12)
] 
(14)
 Notwithstanding any provision of Title 63G, Chapter 2, Government
Records Access and Management Act, the county clerk shall:
(a) make each campaign finance statement filed by a candidate available for public
inspection and copying no later than one business day after the statement is filed; and
(b) make the campaign finance statement filed by a candidate available for public
inspection by:
(i) (A) posting an electronic copy or the contents of the statement on the county's
website no later than seven business days after the statement is filed; and
(B) verifying that the address of the county's website has been provided to the
lieutenant governor in order to meet the requirements of Subsection 
20A-11-103
(5); or
(ii) submitting a copy of the statement to the lieutenant governor for posting on the
website established by the lieutenant governor under Section 
20A-11-103
 no later than two
business days after the statement is filed.
Section 3. Section 
20A-11-101
 is amended to read:
20A-11-101.
Definitions.
As used in this chapter:
(1) "Address" means the number and street where an individual resides or where a
reporting entity has its principal office.
(2) "Agent of a reporting entity" means:
(a) a person acting on behalf of a reporting entity at the direction of the reporting
entity;
(b) a person employed by a reporting entity in the reporting entity's capacity as a
reporting entity;
(c) the personal campaign committee of a candidate or officeholder;
(d) a member of the personal campaign committee of a candidate or officeholder in the
member's capacity as a member of the personal campaign committee of the candidate or
officeholder; or
(e) a political consultant of a reporting entity.
(3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
amendments, and any other ballot propositions submitted to the voters that are authorized by
the Utah Code Annotated 1953.
(4) "Candidate" means any person who:
(a) files a declaration of candidacy for a public office; or
(b) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination or election
to a public office.
(5) "Chief election officer" means:
(a) the lieutenant governor for state office candidates, legislative office candidates,
officeholders, political parties, political action committees, corporations, political issues
committees, state school board candidates, judges, and labor organizations, as defined in
Section 
20A-11-1501
; and
(b) the county clerk for local school board candidates.
(6) (a) "Contribution" means any of the following when done for political purposes:
(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
value given to the filing entity;
(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
anything of value to the filing entity;
(iii) any transfer of funds from another reporting entity to the filing entity;
(iv) compensation paid by any person or reporting entity other than the filing entity for
personal services provided without charge to the filing entity;
(v) remuneration from:
(A) any organization or its directly affiliated organization that has a registered lobbyist;
or
(B) any agency or subdivision of the state, including school districts;
(vi) a loan made by a candidate deposited to the candidate's own campaign; and
(vii) in-kind contributions.
(b) "Contribution" does not include:
(i) services provided by individuals volunteering a portion or all of their time on behalf
of the filing entity if the services are provided without compensation by the filing entity or any
other person;
(ii) money lent to the filing entity by a financial institution in the ordinary course of
business; or
(iii) goods or services provided for the benefit of a candidate or political party at less
than fair market value that are not authorized by or coordinated with the candidate or political
party.
(7) "Coordinated with" means that goods or services provided for the benefit of a
candidate or political party are provided:
(a) with the candidate's or political party's prior knowledge, if the candidate or political
party does not object;
(b) by agreement with the candidate or political party;
(c) in coordination with the candidate or political party; or
(d) using official logos, slogans, and similar elements belonging to a candidate or
political party.
(8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
organization that is registered as a corporation or is authorized to do business in a state and
makes any expenditure from corporate funds for:
(i) the purpose of expressly advocating for political purposes; or
(ii) the purpose of expressly advocating the approval or the defeat of any ballot
proposition.
(b) "Corporation" does not mean:
(i) a business organization's political action committee or political issues committee; or
(ii) a business entity organized as a partnership or a sole proprietorship.
(9) "County political party" means, for each registered political party, all of the persons
within a single county who, under definitions established by the political party, are members of
the registered political party.
(10) "County political party officer" means a person whose name is required to be
submitted by a county political party to the lieutenant governor in accordance with Section
20A-8-402
.
(11) "Detailed listing" means:
(a) for each contribution or public service assistance:
(i) the name and address of the individual or source making the contribution or public
service assistance
, except to the extent that the name or address of the individual or source is
unknown
;
(ii) the amount or value of the contribution or public service assistance; and
(iii) the date the contribution or public service assistance was made; and
(b) for each expenditure:
(i) the amount of the expenditure;
(ii) the person or entity to whom it was disbursed;
(iii) the specific purpose, item, or service acquired by the expenditure; and
(iv) the date the expenditure was made.
(12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
for membership in the corporation, to a corporation without receiving full and adequate
consideration for the money.
(b) "Donor" does not include a person that signs a statement that the corporation may
not use the money for an expenditure or political issues expenditure.
(13) "Election" means each:
(a) regular general election;
(b) regular primary election; and
(c) special election at which candidates are eliminated and selected.
(14) "Electioneering communication" means a communication that:
(a) has at least a value of $10,000;
(b) clearly identifies a candidate or judge; and
(c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
identified candidate's or judge's election date.
(15) (a) "Expenditure" means any of the following made by a reporting entity or an
agent of a reporting entity on behalf of the reporting entity:
(i) any disbursement from contributions, receipts, or from the separate bank account
required by this chapter;
(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value made for political purposes;
(iii) an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
value for political purposes;
(iv) compensation paid by a filing entity for personal services rendered by a person
without charge to a reporting entity;
(v) a transfer of funds between the filing entity and a candidate's personal campaign
committee; or
(vi) goods or services provided by the filing entity to or for the benefit of another
reporting entity for political purposes at less than fair market value.
(b) "Expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of a reporting entity;
(ii) money lent to a reporting entity by a financial institution in the ordinary course of
business; or
(iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
candidates for office or officeholders in states other than Utah.
(16) "Federal office" means the office of president of the United States, United States
Senator, or United States Representative.
(17) "Filing entity" means the reporting entity that is required to file a financial
statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
(18) "Financial statement" includes any summary report, interim report, verified
financial statement, or other statement disclosing contributions, expenditures, receipts,
donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
Retention Elections.
(19) "Governing board" means the individual or group of individuals that determine the
candidates and committees that will receive expenditures from a political action committee,
political party, or corporation.
(20) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
Incorporation, by which a geographical area becomes legally recognized as a city or town.
(21) "Incorporation election" means the election authorized by Section 
10-2-111
 or
10-2-127
.
(22) "Incorporation petition" means a petition authorized by Section 
10-2-109
 or
10-2-125
.
(23) "Individual" means a natural person.
(24) "In-kind contribution" means anything of value, other than money, that is accepted
by or coordinated with a filing entity.
(25) "Interim report" means a report identifying the contributions received and
expenditures made since the last report.
(26) "Legislative office" means the office of state senator, state representative, speaker
of the House of Representatives, president of the Senate, and the leader, whip, and assistant
whip of any party caucus in either house of the Legislature.
(27) "Legislative office candidate" means a person who:
(a) files a declaration of candidacy for the office of state senator or state representative;
(b) declares oneself to be a candidate for, or actively campaigns for, the position of
speaker of the House of Representatives, president of the Senate, or the leader, whip, and
assistant whip of any party caucus in either house of the Legislature; or
(c) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination, election, or
appointment to a legislative office.
(28) "Major political party" means either of the two registered political parties that
have the greatest number of members elected to the two houses of the Legislature.
(29) "Officeholder" means a person who holds a public office.
(30) "Party committee" means any committee organized by or authorized by the
governing board of a registered political party.
(31) "Person" means both natural and legal persons, including individuals, business
organizations, personal campaign committees, party committees, political action committees,
political issues committees, and labor organizations, as defined in Section 
20A-11-1501
.
(32) "Personal campaign committee" means the committee appointed by a candidate to
act for the candidate as provided in this chapter.
(33) "Personal use expenditure" has the same meaning as provided under Section
20A-11-104
.
(34) (a) "Political action committee" means an entity, or any group of individuals or
entities within or outside this state, a major purpose of which is to:
(i) solicit or receive contributions from any other person, group, or entity for political
purposes; or
(ii) make expenditures to expressly advocate for any person to refrain from voting or to
vote for or against any candidate or person seeking election to a municipal or county office.
(b) "Political action committee" includes groups affiliated with a registered political
party but not authorized or organized by the governing board of the registered political party
that receive contributions or makes expenditures for political purposes.
(c) "Political action committee" does not mean:
(i) a party committee;
(ii) any entity that provides goods or services to a candidate or committee in the regular
course of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checking
account;
(v) a corporation, except a corporation a major purpose of which is to act as a political
action committee; or
(vi) a personal campaign committee.
(35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
by another person on behalf of and with the knowledge of the reporting entity, to provide
political advice to the reporting entity.
(b) "Political consultant" includes a circumstance described in Subsection (35)(a),
where the person:
(i) has already been paid, with money or other consideration;
(ii) expects to be paid in the future, with money or other consideration; or
(iii) understands that the person may, in the discretion of the reporting entity or another
person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
money or other consideration.
(36) "Political convention" means a county or state political convention held by a
registered political party to select candidates.
(37) (a) "Political issues committee" means an entity, or any group of individuals or
entities within or outside this state, a major purpose of which is to:
(i) solicit or receive donations from any other person, group, or entity to assist in
placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
proposed ballot proposition or an incorporation in an incorporation election; or
(iii) make expenditures to assist in qualifying or placing a ballot proposition on the
ballot or to assist in keeping a ballot proposition off the ballot.
(b) "Political issues committee" does not mean:
(i) a registered political party or a party committee;
(ii) any entity that provides goods or services to an individual or committee in the
regular course of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checking
account; or
(v) a corporation, except a corporation a major purpose of which is to act as a political
issues committee.
(38) (a) "Political issues contribution" means any of the following:
(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
anything of value given to a political issues committee;
(ii) an express, legally enforceable contract, promise, or agreement to make a political
issues donation to influence the approval or defeat of any ballot proposition;
(iii) any transfer of funds received by a political issues committee from a reporting
entity;
(iv) compensation paid by another reporting entity for personal services rendered
without charge to a political issues committee; and
(v) goods or services provided to or for the benefit of a political issues committee at
less than fair market value.
(b) "Political issues contribution" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinary
course of business.
(39) (a) "Political issues expenditure" means any of the following when made by a
political issues committee or on behalf of a political issues committee by an agent of the
reporting entity:
(i) any payment from political issues contributions made for the purpose of influencing
the approval or the defeat of:
(A) a ballot proposition; or
(B) an incorporation petition or incorporation election;
(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
the express purpose of influencing the approval or the defeat of:
(A) a ballot proposition; or
(B) an incorporation petition or incorporation election;
(iii) an express, legally enforceable contract, promise, or agreement to make any
political issues expenditure;
(iv) compensation paid by a reporting entity for personal services rendered by a person
without charge to a political issues committee; or
(v) goods or services provided to or for the benefit of another reporting entity at less
than fair market value.
(b) "Political issues expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinary
course of business.
(40) "Political purposes" means an act done with the intent or in a way to influence or
tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
against any candidate or a person seeking a municipal or county office at any caucus, political
convention, or election.
(41) (a) "Poll" means the survey of a person regarding the person's opinion or
knowledge of an individual who has filed a declaration of candidacy for public office, or of a
ballot proposition that has legally qualified for placement on the ballot, which is conducted in
person or by telephone, facsimile, Internet, postal mail, or email.
(b) "Poll" does not include:
(i) a ballot; or
(ii) an interview of a focus group that is conducted, in person, by one individual, if:
(A) the focus group consists of more than three, and less than thirteen, individuals; and
(B) all individuals in the focus group are present during the interview.
(42) "Primary election" means any regular primary election held under the election
laws.
(43) "Public office" means the office of governor, lieutenant governor, state auditor,
state treasurer, attorney general, state school board member, state senator, state representative,
speaker of the House of Representatives, president of the Senate, and the leader, whip, and
assistant whip of any party caucus in either house of the Legislature.
[
(45)
] 
(44)
 "Publicly identified class of individuals" means a group of 50 or more
individuals sharing a common occupation, interest, or association that contribute to a political
action committee or political issues committee and whose names can be obtained by contacting
the political action committee or political issues committee upon whose financial statement the
individuals are listed.
[
(44)
] 
(45)
 (a) "Public service assistance" means the following when given or provided
to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
communicate with the officeholder's constituents:
(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
money or anything of value to an officeholder; or
(ii) goods or services provided at less than fair market value to or for the benefit of the
officeholder.
(b) "Public service assistance" does not include:
(i) anything provided by the state;
(ii) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of an officeholder;
(iii) money lent to an officeholder by a financial institution in the ordinary course of
business;
(iv) news coverage or any publication by the news media; or
(v) any article, story, or other coverage as part of any regular publication of any
organization unless substantially all the publication is devoted to information about the
officeholder.
(46) "Receipts" means contributions and public service assistance.
(47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
Lobbyist Disclosure and Regulation Act.
(48) "Registered political action committee" means any political action committee that
is required by this chapter to file a statement of organization with the Office of the Lieutenant
Governor.
(49) "Registered political issues committee" means any political issues committee that
is required by this chapter to file a statement of organization with the Office of the Lieutenant
Governor.
(50) "Registered political party" means an organization of voters that:
(a) participated in the last regular general election and polled a total vote equal to 2%
or more of the total votes cast for all candidates for the United States House of Representatives
for any of its candidates for any office; or
(b) has complied with the petition and organizing procedures of Chapter 8, Political
Party Formation and Procedures.
(51) (a) "Remuneration" means a payment:
(i) made to a legislator for the period the Legislature is in session; and
(ii) that is approximately equivalent to an amount a legislator would have earned
during the period the Legislature is in session in the legislator's ordinary course of business.
(b) "Remuneration" does not mean anything of economic value given to a legislator by:
(i) the legislator's primary employer in the ordinary course of business; or
(ii) a person or entity in the ordinary course of business:
(A) because of the legislator's ownership interest in the entity; or
(B) for services rendered by the legislator on behalf of the person or entity.
(52) "Reporting entity" means a candidate, a candidate's personal campaign committee,
a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
action committee, a political issues committee, a corporation, or a labor organization, as
defined in Section 
20A-11-1501
.
(53) "School board office" means the office of state school board.
(54) (a) "Source" means the person or entity that is the legal owner of the tangible or
intangible asset that comprises the contribution.
(b) "Source" means, for political action committees and corporations, the political
action committee and the corporation as entities, not the contributors to the political action
committee or the owners or shareholders of the corporation.
(55) "State office" means the offices of governor, lieutenant governor, attorney general,
state auditor, and state treasurer.
(56) "State office candidate" means a person who:
(a) files a declaration of candidacy for a state office; or
(b) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination, election, or
appointment to a state office.
(57) "Summary report" means the year end report containing the summary of a
reporting entity's contributions and expenditures.
(58) "Supervisory board" means the individual or group of individuals that allocate
expenditures from a political issues committee.
Section 4. Section 
20A-11-201
 is amended to read:
20A-11-201.
State office candidate -- Separate bank account for campaign funds
-- No personal use -- Contribution reporting deadline -- Report other accounts --
Anonymous contributions.
(1) (a) Each state office candidate or the candidate's personal campaign committee
shall deposit each contribution and public service assistance received in one or more separate
campaign accounts in a financial institution.
(b) A state office candidate or a candidate's personal campaign committee may not use
money deposited in a campaign account for:
(i) a personal use expenditure; or
(ii) an expenditure prohibited by law.
(2) A state office candidate or the candidate's personal campaign committee may not
deposit or mingle any contributions received into a personal or business account.
(3) If a person who is no longer a state office candidate chooses not to expend the
money remaining in a campaign account, the person shall continue to file the year-end
summary report required by Section 
20A-11-203
 until the statement of dissolution and final
summary report required by Section 
20A-11-205
 are filed with the lieutenant governor.
(4) (a) Except as provided in Subsection (4)(b) and Section 
20A-11-402
, a person who
is no longer a state office candidate may not expend or transfer the money in a campaign
account in a manner that would cause the former state office candidate to recognize the money
as taxable income under federal tax law.
(b) A person who is no longer a state office candidate may transfer the money in a
campaign account in a manner that would cause the former state office candidate to recognize
the money as taxable income under federal tax law if the transfer is made to a campaign
account for federal office.
(5) (a) As used in this Subsection (5) and Section 
20A-11-204
, "received" means:
(i) for a cash contribution, that the cash is given to a state office candidate or a member
of the candidate's personal campaign committee;
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated; and
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the state office candidate.
(b) Each state office candidate shall report to the lieutenant governor each contribution
and public service assistance received by the state office candidate:
(i) except as provided in Subsection (5)(b)(ii), within 30 days after the day on which
the contribution or public service assistance is received; or
(ii) within three business days after the day on which the contribution or public service
assistance is received, if:
(A) the state office candidate is contested in a convention and the contribution or
public service assistance is received within 30 days before the day on which the convention is
held;
(B) the state office candidate is contested in a primary election and the contribution or
public service assistance is received within 30 days before the day on which the primary
election is held; or
(C) the state office candidate is contested in a general election and the contribution or
public service assistance is received within 30 days before the day on which the general
election is held.
(c) Except as provided in Subsection (5)(d), for each contribution or provision of
public service assistance that a state office candidate fails to report within the time period
described in Subsection (5)(b), the lieutenant governor shall impose a fine against the state
office candidate in an amount equal to:
(i) the greater of $50 or 15% of the amount of the contribution; or
(ii) the greater of $50 or 15% of the value of the public service assistance.
(d) A fine described in Subsection (5)(c) may not exceed the amount of the
contribution or the value of the public service assistance to which the fine relates.
(e) The lieutenant governor shall:
(i) deposit money received under Subsection (5)(c) into the General Fund; and
(ii) report on the lieutenant governor's website, in the location where reports relating to
each state office candidate are available for public access:
(A) each fine imposed by the lieutenant governor against the state office candidate;
(B) the amount of the fine;
(C) the amount of the contribution to which the fine relates; and
(D) the date of the contribution.
(6) (a) As used in this Subsection (6), "account" means an account in a financial
institution:
(i) that is not described in Subsection (1)(a); and
(ii) into which or from which a person who, as a candidate for an office, other than the
state office for which the person files a declaration of candidacy or federal office, or as a holder
of an office, other than a state office for which the person files a declaration of candidacy or
federal office, deposits a contribution or makes an expenditure.
(b) A state office candidate shall include on any financial statement filed in accordance
with this part:
(i) a contribution deposited in an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account; or
(ii) an expenditure made from an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
(7) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds $50, and is from an unknown source, a state office candidate shall disburse
the amount of the contribution to:
(a) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
Section 5. Section 
20A-11-301
 is amended to read:
20A-11-301.
Legislative office candidate -- Campaign finance requirements --
Candidate as a political action committee officer -- No personal use -- Contribution
reporting deadline -- Report other accounts -- Anonymous contributions.
(1) (a) (i) Each legislative office candidate shall deposit each contribution and public
service assistance received in one or more separate accounts in a financial institution that are
dedicated only to that purpose.
(ii) A legislative office candidate may:
(A) receive a contribution or public service assistance from a political action
committee registered under Section 
20A-11-601
; and
(B) be designated by a political action committee as an officer who has primary
decision-making authority as described in Section 
20A-11-601
.
(b) A legislative office candidate or the candidate's personal campaign committee may
not use money deposited in an account described in Subsection (1)(a)(i) for:
(i) a personal use expenditure; or
(ii) an expenditure prohibited by law.
(2) A legislative office candidate may not deposit or mingle any contributions or public
service assistance received into a personal or business account.
(3) If a person who is no longer a legislative candidate chooses not to expend the
money remaining in a campaign account, the person shall continue to file the year-end
summary report required by Section 
20A-11-302
 until the statement of dissolution and final
summary report required by Section 
20A-11-304
 are filed with the lieutenant governor.
(4) (a) Except as provided in Subsection (4)(b) and Section 
20A-11-402
, a person who
is no longer a legislative office candidate may not expend or transfer the money in a campaign
account in a manner that would cause the former legislative office candidate to recognize the
money as taxable income under federal tax law.
(b) A person who is no longer a legislative office candidate may transfer the money in
a campaign account in a manner that would cause the former legislative office candidate to
recognize the money as taxable income under federal tax law if the transfer is made to a
campaign account for federal office.
(5) (a) As used in this Subsection (5) and Section 
20A-11-303
, "received" means:
(i) for a cash contribution, that the cash is given to a legislative office candidate or a
member of the candidate's personal campaign committee;
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated; and
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the legislative office candidate.
(b) Each legislative office candidate shall report to the lieutenant governor each
contribution and public service assistance received by the legislative office candidate:
(i) except as provided in Subsection (5)(b)(ii), within 30 days after the day on which
the contribution or public service assistance is received; or
(ii) within three business days after the day on which the contribution or public service
assistance is received, if:
(A) the legislative office candidate is contested in a convention and the contribution or
public service assistance is received within 30 days before the day on which the convention is
held;
(B) the legislative office candidate is contested in a primary election and the
contribution or public service assistance is received within 30 days before the day on which the
primary election is held; or
(C) the legislative office candidate is contested in a general election and the
contribution or public service assistance is received within 30 days before the day on which the
general election is held.
(c) Except as provided in Subsection (5)(d), for each contribution or provision of
public service assistance that a legislative office candidate fails to report within the time period
described in Subsection (5)(b), the lieutenant governor shall impose a fine against the
legislative office candidate in an amount equal to:
(i) the greater of $50 or 15% of the amount of the contribution; or
(ii) the greater of $50 or 15% of the value of the public service assistance.
(d) A fine described in Subsection (5)(c) may not exceed the amount of the
contribution or the value of the public service assistance to which the fine relates.
(e) The lieutenant governor shall:
(i) deposit money received under Subsection (5)(c) into the General Fund; and
(ii) report on the lieutenant governor's website, in the location where reports relating to
each legislative office candidate are available for public access:
(A) each fine imposed by the lieutenant governor against the legislative office
candidate;
(B) the amount of the fine;
(C) the amount of the contribution to which the fine relates; and
(D) the date of the contribution.
(6) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds $50, and is from an unknown source, a legislative office candidate shall
disburse the amount of the contribution to:
(a) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
[
(6)
] 
(7)
 (a) As used in this Subsection [
(6)
] 
(7)
, "account" means an account in a
financial institution:
(i) that is not described in Subsection (1)(a)(i); and
(ii) into which or from which a person who, as a candidate for an office, other than a
legislative office for which the person files a declaration of candidacy or federal office, or as a
holder of an office, other than a legislative office for which the person files a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(b) A legislative office candidate shall include on any financial statement filed in
accordance with this part:
(i) a contribution deposited in an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account; or
(ii) an expenditure made from an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
Section 6. Section 
20A-11-401
 is amended to read:
20A-11-401.
Officeholder financial reporting requirements -- Year-end summary
report -- Officeholder as a political action committee officer -- Anonymous contribution
or public service assistance.
(1) (a) Each officeholder shall file a summary report by January 10 of each year.
(b) An officeholder that is required to file a summary report both as an officeholder and
as a candidate for office under the requirements of this chapter may file a single summary
report as a candidate and an officeholder, provided that the combined report meets the
requirements of:
(i) this section; and
(ii) the section that provides the requirements for the summary report filed by the
officeholder in the officeholder's capacity of a candidate for office.
(2) (a) Each summary report shall include the following information as of December 31
of the previous year:
(i) the net balance of the last summary report, if any;
(ii) a single figure equal to the total amount of receipts received since the last summary
report, if any;
(iii) a single figure equal to the total amount of expenditures made since the last
summary report, if any;
(iv) a detailed listing of each contribution and public service assistance received since
the last summary report;
(v) for each nonmonetary contribution:
(A) the fair market value of the contribution with that information provided by the
contributor; and
(B) a specific description of the contribution;
(vi) a detailed listing of each expenditure made since the last summary report;
(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
(viii) a net balance for the year consisting of the net balance from the last summary
report plus all receipts minus all expenditures; and
(ix) the name of a political action committee for which the officeholder is designated
as an officer who has primary decision-making authority under Section 
20A-11-601
.
(b) (i) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
(ii) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(c) In preparing the report, all receipts and expenditures shall be reported as of
December 31 of the previous year.
(3) The summary report shall contain a paragraph signed by the officeholder certifying
that, to the best of the officeholder's knowledge, all receipts and all expenditures have been
reported as of December 31 of the last calendar year and that there are no bills or obligations
outstanding and unpaid except as set forth in that report.
(4) An officeholder may:
(a) receive public service assistance from a political action committee registered under
Section 
20A-11-601
; and
(b) be designated by a political action committee as an officer who has primary
decision-making authority as described in Section 
20A-11-601
.
(5) Within 30 days after receiving a contribution or public service assistance that is
cash or a negotiable instrument, exceeds $50, and is from an unknown source, an officeholder
shall disburse the amount of the contribution or public service assistance to:
(a) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
Section 7. Section 
20A-11-505.7
 is amended to read:
20A-11-505.7.
Separate account for contributions for registered political party --
Anonymous contributions to registered political party or county political party.
(1) A registered political party shall deposit a contribution received in one or more
separate campaign accounts in a financial institution.
(2) A registered political party may not deposit or mingle a contribution received into a
personal or business account.
(3) A registered political party or county political party may not expend a contribution
for political purposes or a political issues expenditure if the contribution:
(a) is cash or a negotiable instrument;
(b) exceeds $50; and
(c) is from an unknown source.
Section 8. Section 
20A-11-602
 is amended to read:
20A-11-602.
Political action committees -- Financial reporting.
(1) (a) Each registered political action committee that has received contributions
totaling at least $750, or disbursed expenditures totaling at least $50, during a calendar year
shall file a verified financial statement with the lieutenant governor's office:
(i) on January 10, reporting contributions and expenditures as of December 31 of the
previous year;
(ii) seven days before the state political convention of each major political party;
(iii) seven days before the regular primary election date;
(iv) on August 31; and
(v) seven days before:
(A) the municipal general election; and
(B) the regular general election date.
(b) The registered political action committee shall report:
(i) a detailed listing of all contributions received and expenditures made since the last
statement; and
(ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
contributions and expenditures as of five days before the required filing date of the financial
statement.
(c) The registered political action committee need not file a statement under this
section if it received no contributions and made no expenditures during the reporting period.
(2) (a) The verified financial statement shall include:
(i) the name and address of any individual that makes a contribution to the reporting
political action committee, 
if known,
 and the amount of the contribution;
(ii) the identification of any publicly identified class of individuals that makes a
contribution to the reporting political action committee, 
if known,
 and the amount of the
contribution;
(iii) the name and address of any political action committee, group, or entity
, if known,
that makes a contribution to the reporting political action committee, and the amount of the
contribution;
(iv) for each nonmonetary contribution, the fair market value of the contribution;
(v) the name and address of each reporting entity that received an expenditure from the
reporting political action committee, and the amount of each expenditure;
(vi) for each nonmonetary expenditure, the fair market value of the expenditure;
(vii) the total amount of contributions received and expenditures disbursed by the
reporting political action committee;
(viii) a statement by the political action committee's treasurer or chief financial officer
certifying that, to the best of the person's knowledge, the financial report is accurate; and
(ix) a summary page in the form required by the lieutenant governor that identifies:
(A) beginning balance;
(B) total contributions during the period since the last statement;
(C) total contributions to date;
(D) total expenditures during the period since the last statement; and
(E) total expenditures to date.
(b) (i) Contributions received by a political action committee that have a value of $50
or less need not be reported individually, but shall be listed on the report as an aggregate total.
(ii) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(3) A group or entity may not divide or separate into units, sections, or smaller groups
for the purpose of avoiding the financial reporting requirements of this chapter, and substance
shall prevail over form in determining the scope or size of a political action committee.
(4) (a) As used in this Subsection (4), "received" means:
(i) for a cash contribution, that the cash is given to a political action committee;
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated; and
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the political action committee.
(b) A political action committee shall report each contribution to the lieutenant
governor within 30 days after the contribution is received.
(5) A political action committee may not expend a contribution for political purposes if
the contribution:
(a) is cash or a negotiable instrument;
(b) exceeds $50; and
(c) is from an unknown source.
Section 9. Section 
20A-11-802
 is amended to read:
20A-11-802.
Political issues committees -- Financial reporting.
(1) (a) Each registered political issues committee that has received political issues
contributions totaling at least $750, or disbursed political issues expenditures totaling at least
$50, during a calendar year, shall file a verified financial statement with the lieutenant
governor's office:
(i) on January 10, reporting contributions and expenditures as of December 31 of the
previous year;
(ii) seven days before the state political convention of each major political party;
(iii) seven days before the regular primary election date;
(iv) seven days before the date of an incorporation election, if the political issues
committee has received donations or made disbursements to affect an incorporation;
(v) at least three days before the first public hearing held as required by Section
20A-7-204.1
;
(vi) if the political issues committee has received or expended funds in relation to an
initiative or referendum, at the time the initiative or referendum sponsors submit:
(A) the verified and certified initiative packets as required by Section 
20A-7-206
; or
(B) the signed and verified referendum packets as required by Section 
20A-7-306
;
(vii) on August 31; and
(viii) seven days before:
(A) the municipal general election; and
(B) the regular general election.
(b) The political issues committee shall report:
(i) a detailed listing of all contributions received and expenditures made since the last
statement; and
(ii) all contributions and expenditures as of five days before the required filing date of
the financial statement, except for a financial statement filed on January 10.
(c) The political issues committee need not file a statement under this section if it
received no contributions and made no expenditures during the reporting period.
(2) (a) That statement shall include:
(i) the name and address
, if known,
 of any individual that makes a political issues
contribution to the reporting political issues committee, and the amount of the political issues
contribution;
(ii) the identification of any publicly identified class of individuals that makes a
political issues contribution to the reporting political issues committee, and the amount of the
political issues contribution;
(iii) the name and address
, if known,
 of any political issues committee, group, or entity
that makes a political issues contribution to the reporting political issues committee, and the
amount of the political issues contribution;
(iv) the name and address of each reporting entity that makes a political issues
contribution to the reporting political issues committee, and the amount of the political issues
contribution;
(v) for each nonmonetary contribution, the fair market value of the contribution;
(vi) except as provided in Subsection (2)(c), the name and address of each individual,
entity, or group of individuals or entities that received a political issues expenditure of more
than $50 from the reporting political issues committee, and the amount of each political issues
expenditure;
(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
(viii) the total amount of political issues contributions received and political issues
expenditures disbursed by the reporting political issues committee;
(ix) a statement by the political issues committee's treasurer or chief financial officer
certifying that, to the best of the person's knowledge, the financial statement is accurate; and
(x) a summary page in the form required by the lieutenant governor that identifies:
(A) beginning balance;
(B) total contributions during the period since the last statement;
(C) total contributions to date;
(D) total expenditures during the period since the last statement; and
(E) total expenditures to date.
(b) (i) Political issues contributions received by a political issues committee that have a
value of $50 or less need not be reported individually, but shall be listed on the report as an
aggregate total.
(ii) Two or more political issues contributions from the same source that have an
aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
separately.
(c) When reporting political issue expenditures made to circulators of initiative
petitions, the political issues committee:
(i) need only report the amount paid to each initiative petition circulator; and
(ii) need not report the name or address of the circulator.
(3) (a) As used in this Subsection (3), "received" means:
(i) for a cash contribution, that the cash is given to a political issues committee;
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated; and
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the political issues committee.
(b) A political issues committee shall report each contribution to the lieutenant
governor within 30 days after the contribution is received.
(4) A political issues committee may not expend a contribution for a political issues
expenditure if the contribution:
(a) is cash or a negotiable instrument;
(b) exceeds $50; and
(c) is from an unknown source.
Section 10. Section 
20A-11-904
 is amended to read:
20A-11-904.
Contribution given in another's name and anonymous contributions
prohibited.
A person may not:
(1) make a contribution in the name of another;
(2) knowingly permit another to make a contribution in the person's name; [
or
]
(3) knowingly accept a contribution made by one person in the name of another[
.
]
; or
(4) make a contribution without disclosing the person's name if the contribution:
(a) is cash or a negotiable instrument; and
(b) exceeds $50.
Section 11. Section 
20A-11-1301
 is amended to read:
20A-11-1301.
School board office candidate -- Campaign finance requirements --
Candidate as a political action committee officer -- No personal use -- Contribution
reporting deadline -- Report other accounts -- Anonymous contributions.
(1) (a) (i) Each school board office candidate shall deposit each contribution and public
service assistance received in one or more separate accounts in a financial institution that are
dedicated only to that purpose.
(ii) A school board office candidate may:
(A) receive a contribution or public service assistance from a political action
committee registered under Section 
20A-11-601
; and
(B) be designated by a political action committee as an officer who has primary
decision-making authority as described in Section 
20A-11-601
.
(b) A school board office candidate may not use money deposited in an account
described in Subsection (1)(a)(i) for:
(i) a personal use expenditure; or
(ii) an expenditure prohibited by law.
(2) A school board office candidate may not deposit or mingle any contributions or
public service assistance received into a personal or business account.
(3) A school board office candidate may not make any political expenditures prohibited
by law.
(4) If a person who is no longer a school board candidate chooses not to expend the
money remaining in a campaign account, the person shall continue to file the year-end
summary report required by Section 
20A-11-1302
 until the statement of dissolution and final
summary report required by Section 
20A-11-1304
 are filed with the lieutenant governor.
(5) (a) Except as provided in Subsection (5)(b) and Section 
20A-11-402
, a person who
is no longer a school board candidate may not expend or transfer the money in a campaign
account in a manner that would cause the former school board candidate to recognize the
money as taxable income under federal tax law.
(b) A person who is no longer a school board candidate may transfer the money in a
campaign account in a manner that would cause the former school board candidate to recognize
the money as taxable income under federal tax law if the transfer is made to a campaign
account for federal office.
(6) (a) As used in this Subsection (6) and Section 
20A-11-1303
, "received" means:
(i) for a cash contribution, that the cash is given to a school board office candidate or a
member of the candidate's personal campaign committee;
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated; and
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the school board office candidate.
(b) Each school board office candidate shall report to the chief election officer each
contribution and public service assistance received by the school board office candidate:
(i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
the contribution or public service assistance is received; or
(ii) within three business days after the day on which the contribution or public service
assistance is received, if:
(A) the school board office candidate is contested in a primary election and the
contribution or public service assistance is received within 30 days before the day on which the
primary election is held; or
(B) the school board office candidate is contested in a general election and the
contribution or public service assistance is received within 30 days before the day on which the
general election is held.
(c) Except as provided in Subsection (6)(d), for each contribution or provision of
public service assistance that a school board office candidate fails to report within the time
period described in Subsection (6)(b), the chief election officer shall impose a fine against the
school board office candidate in an amount equal to:
(i) the greater of $50 or 15% of the amount of the contribution; or
(ii) the greater of $50 or 15% of the value of the public service assistance.
(d) A fine described in Subsection (6)(c) may not exceed the amount of the
contribution or the value of the public service assistance to which the fine relates.
(e) The chief election officer shall:
(i) deposit money received under Subsection (6)(c) into the General Fund; and
(ii) report on the chief election officer's website, in the location where reports relating
to each school board office candidate are available for public access:
(A) each fine imposed by the chief election officer against the school board office
candidate;
(B) the amount of the fine;
(C) the amount of the contribution to which the fine relates; and
(D) the date of the contribution.
(7) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
disburse the contribution to:
(a) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
[
(7)
] 
(8)
 (a) As used in this Subsection [
(7)
] 
(8)
, "account" means an account in a
financial institution:
(i) that is not described in Subsection (1)(a)(i); and
(ii) into which or from which a person who, as a candidate for an office, other than a
school board office for which the person files a declaration of candidacy or federal office, or as
a holder of an office, other than a school board office for which the person files a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(b) A school board office candidate shall include on any financial statement filed in
accordance with this part:
(i) a contribution deposited in an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account; or
(ii) an expenditure made from an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
Section 12. Section 
20A-12-301
 is amended to read:
20A-12-301.
Definitions.
As used in this part:
(1) (a) "Contribution" means any of the following when done for political purposes:
(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
value given to the judge or the judge's personal campaign committee;
(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
anything of value to the judge or the judge's personal campaign committee;
(iii) any transfer of funds from another reporting entity or a corporation to the judge or
the judge's personal campaign committee;
(iv) compensation paid by any person or reporting entity other than the judge or the
judge's personal campaign committee for personal services provided without charge to the
judge or the judge's personal campaign committee; and
(v) goods or services provided to or for the benefit of the judge or the judge's personal
campaign committee at less than fair market value.
(b) "Contribution" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of the judge or the judge's personal campaign committee; or
(ii) money lent to the judge or the judge's personal campaign committee by a financial
institution in the ordinary course of business.
(2) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
organization that is registered as a corporation or is authorized to do business in a state and
makes any expenditure from corporate funds for political purposes.
(b) "Corporation" does not mean:
(i) a business organization's political action committee as defined in Section
20A-11-101
 or political issues committee as defined in Section 
20A-11-101
; or
(ii) a business entity organized as a partnership or a sole proprietorship.
(3) "Detailed listing" means:
(a) for each contribution:
(i) the name and address of the individual or source making the contribution
, to the
extent that the name or address of the individual or source is known
;
(ii) the amount or value of the contribution; and
(iii) the date the contribution was made; and
(b) for each expenditure:
(i) the amount of the expenditure;
(ii) the person or entity to whom it was disbursed;
(iii) the specific purpose, item, or service acquired by the expenditure; and
(iv) the date the expenditure was made.
(4) (a) "Expenditure" means:
(i) any disbursement from contributions or from the separate bank account required by
this chapter;
(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value made for political purposes;
(iii) an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
value for political purposes;
(iv) compensation paid by a corporation or reporting entity for personal services
rendered by a person without charge to the judge or the judge's personal campaign committee;
(v) a transfer of funds between the judge's personal campaign committee and another
judge's personal campaign committee; or
(vi) goods or services provided by the judge's personal campaign committee to or for
the benefit of another judge for political purposes at less than fair market value.
(b) "Expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of the judge or judge's personal campaign committee; or
(ii) money lent to a judge's personal campaign committee by a financial institution in
the ordinary course of business.
(5) "Individual" means a natural person.
(6) "Interim report" means a report identifying the contributions received and
expenditures made since the last report.
(7) "Personal campaign committee" means the committee appointed by a judge to act
for the judge as provided in this chapter.
(8) "Political purposes" means an act done with the intent or in a way to influence or
tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
against any judge standing for retention at any election.
(9) "Reporting entity" means a judge, judge's personal campaign committee, candidate,
a candidate's personal campaign committee, an officeholder, and a party committee, a political
action committee, and a political issues committee.
(10) "Summary report" means the year-end report containing the summary of a
reporting entity's contributions and expenditures.
Section 13. Section 
20A-12-303
 is amended to read:
20A-12-303.
Separate account for campaign funds -- Reporting contributions.
(1) The judge or the judge's personal campaign committee shall deposit each
contribution in one or more separate personal campaign accounts in a financial institution.
(2) The judge or the judge's personal campaign committee may not deposit or mingle
any contributions received into a personal or business account.
(3) (a) As used in this Subsection (3) and Section 
20A-12-305
, "received" means:
(i) for a cash contribution, that the cash is given to a judge or the judge's personal
campaign committee;
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated; and
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the judge.
(b) The judge or the judge's personal campaign committee shall report to the lieutenant
governor each contribution received by the judge, within 30 days after the day on which the
contribution is received.
(c) Except as provided in Subsection (3)(d), for each contribution that a judge fails to
report within the time period described in Subsection (3)(b), the lieutenant governor shall
impose a fine against the judge in an amount equal to the greater of $50 or 15% of the amount
of the contribution.
(d) A fine described in Subsection (3)(c) may not exceed the amount of the
contribution to which the fine relates.
(e) The lieutenant governor shall:
(i) deposit money received under Subsection (3)(c) into the General Fund; and
(ii) report on the lieutenant governor's website, in the location where reports relating to
each judge are available for public access:
(A) each fine imposed by the lieutenant governor against the judge;
(B) the amount of the fine;
(C) the amount of the contribution to which the fine relates; and
(D) the date of the contribution.
(4) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds $50, and is from an unknown source, a judge or the judge's personal
campaign committee shall disburse the amount of the contribution to:
(a) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
Legislative Review Note
 as of 12-30-14 11:05 AM
Office of Legislative Research and General Counsel