Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 137 Third Substitute (2015GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• establishes a deadline to pay a fine imposed for violating Title 20A, Chapter 11, Campaign and Financial Reporting Requirements;
• prohibits a person from sending an email, using the email of a public entity, for a political purpose;
• provides for a civil fine against a person who violates the provisions of this bill; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

CAMPAIGN AND FINANCIAL REPORTING REQUIREMENTS
REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
 Daniel McCay
LONG TITLE
General Description:
This bill establishes a deadline to pay a fine imposed for violating Title 20A, Chapter
11, Campaign and Financial Reporting Requirements, and prohibits a person from
using the email of a public entity to send an email for a political purpose.
Highlighted Provisions:
This bill:
▸ establishes a deadline to pay a fine imposed for violating Title 20A, Chapter 11,
Campaign and Financial Reporting Requirements;
▸ prohibits a person from sending an email, using the email of a public entity, for a
political purpose;
▸ provides for a civil fine against a person who violates the provisions of this bill; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-11-1202
, as last amended by Laws of Utah 2009, Chapter 60
20A-11-1203
, as last amended by Laws of Utah 2014, Chapter 158
20A-11-1204
, as enacted by Laws of Utah 2004, Chapter 142
ENACTS:
20A-11-105
, Utah Code Annotated 1953
20A-11-1205
, Utah Code Annotated 1953
20A-11-1206
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-11-105
 is enacted to read:
 20A-11-105.
Deadline for payment of fine.
A person against whom the lieutenant governor imposes a fine under this chapter shall
pay the fine within 30 days after the day on which the lieutenant governor imposes the fine.
Section 2. Section 
20A-11-1202
 is amended to read:
20A-11-1202.
Definitions.
As used in this part:
(1) "Ballot proposition" means constitutional amendments, initiatives, referenda,
judicial retention questions, opinion questions, bond approvals, or other questions submitted to
the voters for their approval or rejection.
(2) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
agency that receives its revenues from conduct of its commercial operations.
(b) "Commercial interlocal cooperation agency" does not mean an interlocal
cooperation agency that receives some or all of its revenues from:
(i) government appropriations;
(ii) taxes;
(iii) government fees imposed for regulatory or revenue raising purposes; or
(iv) interest earned on public funds or other returns on investment of public funds.
(3) "Expenditure" means:
(a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value;
(b) 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;
(c) a transfer of funds between a public entity and a candidate's personal campaign
committee;
(d) a transfer of funds between a public entity and a political issues committee; or
(e) goods or services provided to or for the benefit of a candidate, a candidate's
personal campaign committee, or a political issues committee for political purposes at less than
fair market value.
(4) "Governmental interlocal cooperation agency" means an interlocal cooperation
agency that receives some or all of its revenues from:
(a) government appropriations;
(b) taxes;
(c) government fees imposed for regulatory or revenue raising purposes; or
(d) interest earned on public funds or other returns on investment of public funds.
(5) (a) "Influence" means to campaign or advocate for or against a ballot proposition.
(b) "Influence" does not mean providing a brief statement about a public entity's
position on a ballot proposition and the reason for that position.
(6) "Interlocal cooperation agency" means an entity created by interlocal agreement
under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
(7) "Local district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and includes a special service district under Title 17D,
Chapter 1, Special Service District Act.
(8) "Political purposes" means an act done with the intent or in a way to influence or
intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
against any
:
(a)
 candidate for public office at any caucus, political convention, primary, or
election[
.
]
; or
(b) judge standing for retention at any election.
(9) (a) "Public entity" includes the state, each state agency, each county, municipality,
school district, local district, governmental interlocal cooperation agency, and each
administrative subunit of each of them.
(b) "Public entity" does not include a commercial interlocal cooperation agency.
(c) "Public entity" includes local health departments created under Title 26, Chapter 1,
Department of Health Organization.
(10) (a) "Public funds" means any money received by a public entity from
appropriations, taxes, fees, interest, or other returns on investment.
(b) "Public funds" does not include money donated to a public entity by a person or
entity.
(11) (a) "Public official" means an elected or appointed member of government with
authority to make or determine public policy.
(b) "Public official" includes the person or group that:
(i) has supervisory authority over the personnel and affairs of a public entity; and
(ii) approves the expenditure of funds for the public entity.
(12) (a) "State agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the state.
(b) "State agency" includes the legislative branch, the Board of Regents, the
institutional councils of each higher education institution, and each higher education
institution.
Section 3. Section 
20A-11-1203
 is amended to read:
20A-11-1203.
Public entity prohibited from expending public funds on certain
electoral matters.
(1) Unless specifically required by law, 
and except as provided in Section
20A-11-1206
,
 a public entity may not make an expenditure from public funds for political
purposes or to influence a ballot proposition.
[
(2) Nothing in this chapter prohibits a public official from speaking, campaigning,
contributing personal money, or otherwise exercising the public official's individual First
Amendment rights for political purposes.
]
[
(3) Nothing in this chapter prohibits a public entity from providing factual information
about a ballot proposition to the public, so long as the information grants equal access to both
the opponents and proponents of the ballot proposition.
]
[
(4) Nothing in this chapter prohibits a public entity from the neutral encouragement of
voters to vote.
]
[
(5) Nothing in this chapter prohibits an elected official from campaigning or
advocating for or against a ballot proposition.
]
[
(6)
] 
(2)
 A violation of this section does not invalidate an otherwise valid election.
Section 4. Section 
20A-11-1204
 is amended to read:
20A-11-1204.
Criminal penalty.
Each public official who violates [
this part
] 
Section 
20A-11-1203
 is guilty of a class B
misdemeanor.
Section 5. Section 
20A-11-1205
 is enacted to read:
 20A-11-1205.
Use of public email for a political purpose.
(1) A person may not send an email, using the email of a public entity, for a political
purpose.
(2) The lieutenant governor shall impose a civil fine against a person who violates
Subsection (1) as follows:
(a) up to $100 for a first violation; and
(b) except as provided in Subsection (3), for each subsequent violation committed after
the lieutenant governor imposes a fine against the person for a first violation, $250 multiplied
by the number of violations committed by the person.
(3) The lieutenant governor shall consider a violation of this section as a first violation
if the violation is committed more than seven years after the day on which the person last
committed a violation of this section.
(4) For purposes of this section, one violation means one act of sending an email,
regardless of the number of recipients of the email.
(5) A violation of this section does not invalidate an otherwise valid election.
Section 6. Section 
20A-11-1206
 is enacted to read:
 20A-11-1206.
Exclusions.
(1) Nothing in this chapter prohibits a public official from speaking, campaigning,
contributing personal money, or otherwise exercising the public official's individual First
Amendment rights for political purposes.
(2) Nothing in this chapter prohibits a public entity from providing factual information
about a ballot proposition to the public, so long as the information grants equal access to both
the opponents and proponents of the ballot proposition.
(3) Nothing in this chapter prohibits a public entity from the neutral encouragement of
voters to vote.
(4) Nothing in this chapter prohibits an elected official from campaigning or
advocating for or against a ballot proposition.
Legislative Review Note
 as of 1-2-15 9:06 AM
Office of Legislative Research and General Counsel