Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 248 Second Substitute (2015GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/24/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes the minimum $50 fine imposed against certain reporting entities that fail to report a contribution; and
• makes conforming changes.

Every vote on this bill

Bill text

CAMPAIGN FINANCE REPORTING REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill removes the minimum $50 fine imposed against certain reporting entities that
fail to report a contribution.
Highlighted Provisions:
This bill:
▸ removes the minimum $50 fine imposed against certain reporting entities that fail to
report a contribution; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
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-11-1301
, as last amended by Laws of Utah 2014, Chapters 335 and 337
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 
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.
(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
] 
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)
] 
(d)
 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.
Section 2. 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.
(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
] 
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)
] 
(d)
 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) (a) As used in this Subsection (6), "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 3. 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.
(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
] 
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)
] 
(d)
 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) (a) As used in this Subsection (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
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 4. 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
] 
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)
] 
(d)
 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.
Legislative Review Note
 as of 1-6-15 5:08 PM
Office of Legislative Research and General Counsel