Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 290 First Substitute (2016GS)

Sponsor

Rep. Spendlove, R.

Final action

Governor Signed 3/30/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes provisions that allow a candidate or officeholder to report the aggregate value of all individual contributions the candidate or officeholder receives that are worth $50 or less.

Every vote on this bill

Bill text

CAMPAIGN FINANCE REFORM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill removes provisions related to the aggregate reporting of campaign
contributions. 
Highlighted Provisions:
This bill:
▸ removes provisions that allow a candidate or officeholder to report the aggregate
value of all individual contributions the candidate or officeholder receives that are
worth $50 or less. 
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 2015, Chapters 21 and 247
17-16-6.5
, as last amended by Laws of Utah 2015, Chapter 21
20A-11-203
, as last amended by Laws of Utah 2011, Chapter 347
20A-11-204
, as last amended by Laws of Utah 2015, Chapter 204
20A-11-302
, as last amended by Laws of Utah 2011, Chapter 347
20A-11-303
, as last amended by Laws of Utah 2015, Chapter 204
20A-11-401
, as last amended by Laws of Utah 2015, Chapter 21
20A-11-1302
, as last amended by Laws of Utah 2011, Chapter 347
20A-11-1303
, as last amended by Laws of Utah 2015, Chapter 204
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) Unless a municipality adopts by ordinance more stringent definitions, the following
are defined terms for purposes of this section:
(a) "Agent of a candidate" means:
(i) a person acting on behalf of a candidate at the direction of the reporting entity;
(ii) a person employed by a candidate in the candidate's capacity as a candidate;
(iii) the personal campaign committee of a candidate;
(iv) a member of the personal campaign committee of a candidate in the member's
capacity as a member of the personal campaign committee of the candidate; or
(v) a political consultant of a candidate.
(b) "Anonymous contribution limit" means for each calendar year:
(i) $50; or
(ii) an amount less than $50 that is specified in an ordinance of the municipality.
[
(b)
] 
(c)
 (i) "Candidate" means a person who:
(A) files a declaration of candidacy for municipal 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 municipal office.
(ii) "Candidate" does not mean a person who files for the office of judge.
[
(c)
] 
(d)
 (i) "Contribution" means any of the following when done for political
purposes:
(A) a gift, subscription, donation, loan, advance, or deposit of money or anything of
value given to a candidate;
(B) 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 candidate;
(C) any transfer of funds from another reporting entity to the candidate;
(D) compensation paid by any person or reporting entity other than the candidate for
personal services provided without charge to the candidate;
(E) a loan made by a candidate deposited to the candidate's own campaign; and
(F) an in-kind contribution.
(ii) "Contribution" does not include:
(A) services provided by an individual volunteering a portion or all of the individual's
time on behalf of the candidate if the services are provided without compensation by the
candidate or any other person;
(B) money lent to the candidate by a financial institution in the ordinary course of
business; or
(C) goods or services provided for the benefit of a candidate at less than fair market
value that are not authorized by or coordinated with the candidate.
[
(d)
] 
(e)
 "Coordinated with" means that goods or services provided for the benefit of a
candidate are provided:
(i) with the candidate's prior knowledge, if the candidate does not object;
(ii) by agreement with the candidate;
(iii) in coordination with the candidate; or
(iv) using official logos, slogans, and similar elements belonging to a candidate.
[
(e)
] 
(f)
 (i) "Expenditure" means any of the following made by a candidate or an agent
of the candidate on behalf of the candidate:
(A) any disbursement from contributions, receipts, or from an account described in
Subsection (3)(a)(i);
(B) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value made for political purposes;
(C) 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 a political purpose;
(D) compensation paid by a candidate for personal services rendered by a person
without charge to a reporting entity;
(E) a transfer of funds between the candidate and a candidate's personal campaign
committee as defined in Section 
20A-11-101
; or
(F) goods or services provided by a reporting entity to or for the benefit of the
candidate for political purposes at less than fair market value.
(ii) "Expenditure" does not include:
(A) services provided without compensation by an individual volunteering a portion or
all of the individual's time on behalf of a candidate; or
(B) money lent to a candidate by a financial institution in the ordinary course of
business.
[
(f)
] 
(g)
 "In-kind contribution" means anything of value other than money, that is
accepted by or coordinated with a candidate.
[
(g)
] 
(h)
 (i) "Political consultant" means a person who is paid by a candidate, or paid by
another person on behalf of and with the knowledge of the candidate, to provide political
advice to the candidate.
(ii) "Political consultant" includes a circumstance described in Subsection
(1)[
(g)
]
(h)
(i), where the person:
(A) has already been paid, with money or other consideration;
(B) expects to be paid in the future, with money or other consideration; or
(C) understands that the person may, in the discretion of the candidate or another
person on behalf of and with the knowledge of the candidate, be paid in the future, with money
or other consideration.
[
(h)
] 
(i)
 "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 office at any caucus, political
convention, or election.
[
(i)
] 
(j)
 "Reporting entity" means:
(i) a candidate;
(ii) a committee appointed by a candidate to act for the candidate;
(iii) a person who holds an elected municipal office;
(iv) a party committee as defined in Section 
20A-11-101
;
(v) a political action committee as defined in Section 
20A-11-101
;
(vi) a political issues committee as defined in Section 
20A-11-101
;
(vii) a corporation as defined in Section 
20A-11-101
; or
(viii) a labor organization as defined in Section 
20A-11-1501
.
[
(j) "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) A municipality may adopt an ordinance establishing campaign finance
disclosure requirements for a candidate that are more stringent than the requirements provided
in Subsections (3) and (4).
(b) The municipality may adopt definitions that are more stringent than those provided
in Subsection (1).
(c) If a municipality fails to adopt a campaign finance disclosure ordinance described
in Subsection (2)(a), a candidate shall comply with financial reporting requirements contained
in Subsections (3) and (4).
(3) (a) Each candidate:
(i) shall deposit a contribution in a separate campaign account in a financial institution;
and
(ii) may not deposit or mingle any campaign contributions received into a personal or
business account.
(b) Each candidate who is not eliminated at a municipal primary election shall file with
the municipal clerk or recorder a campaign finance statement:
(i) no later than seven days before the day on which the municipal general election is
held; and
(ii) no later than 30 days after the day on which the municipal general election is held.
(c) 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 30 days
after the day on which the municipal primary election is held.
(4) Each campaign finance statement under Subsection (3)(b) or (c) shall:
(a) except as provided in Subsection (4)(b):
(i) report all of the candidate's itemized and total:
(A) contributions, including in-kind and other nonmonetary contributions, received up
to and including five days before the campaign finance statement is due, excluding a
contribution previously reported; and
(B) expenditures made up to and including five days before the campaign finance
statement is due, excluding an expenditure previously reported; and
(ii) identify:
(A) for each contribution [
that exceeds the reporting limit
], the amount of the
contribution and the name of the donor, if known; 
and
[
(B) the aggregate total of all contributions that individually do not exceed the
reporting limit; and
]
[
(C)
] 
(B)
 for each expenditure, the amount of the expenditure and the name of the
recipient of the expenditure; or
(b) report the total amount of all contributions and expenditures if the candidate
receives $500 or less in contributions and spends $500 or less on the candidate's campaign.
(c) Within 30 days after receiving a contribution that is cash or a negotiable instrument,
exceeds the [
reporting
] 
anonymous contribution
 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.
(5) (a) A municipality may, by ordinance:
(i) provide [
a reporting
] 
an anonymous contribution
 limit [
lower
] 
less
 than $50;
(ii) require greater disclosure of contributions or 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 is subject to the provisions of this section and not the provisions of an
ordinance adopted by the municipality under Subsection (5)(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 (6).
(6) 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
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.
(7) 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.
(8) (a) If a candidate fails to file a campaign finance statement before the municipal
general election by the deadline specified in Subsection (3)(b)(i), 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 (8)(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 (4), 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.
(9) 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 it is due.
(10) (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 (10)(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) 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)(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;
(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; and
(vi) 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)(c), "account" means an account in a financial
institution:
(A) that is not described in Subsection (1)(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)(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) If any county fails to adopt a campaign finance disclosure ordinance described in
Subsection (1), 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) through (8).
(3) 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) 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) (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; 
and
[
(ii) an aggregate total of all contributions of $50 or less received by the candidate;
and
]
[
(iii)
] 
(ii)
 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; 
and
[
(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)
] 
(ii)
 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) (a) As used in this Subsection (6), "account" means an account in a financial
institution:
(i) that is not described in Subsection (3)(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):
(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 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.
(8) 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.
(9) Any person who fails to comply with this section is guilty of an infraction.
(10) (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 (10)(a) apply to a local school board
office candidate who resides in that county.
(11) (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 (11)(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.
(12) (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 (12)(a), the court shall award costs and
attorney fees to the prevailing party.
(13) 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-11-203
 is amended to read:
20A-11-203.
State office candidate -- Financial reporting requirements --
Year-end summary report.
(1) (a) Each state office candidate shall file a summary report by January 10 of the year
after the regular general election year.
(b) In addition to the requirements of Subsection (1)(a), a former state office candidate
that has not filed the statement of dissolution and final summary report required under Section
20A-11-205
 shall continue to file a summary report on January 10 of each year.
(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 financial statement, if any;
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
if any;
(iii) a single figure equal to the total amount of expenditures reported on all interim
reports, if any, filed during the previous year;
(iv) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on an interim 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 that has
not been reported in detail on an interim 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, if any, plus all receipts minus all expenditures; and
(ix) the name of a political action committee for which the state office candidate is
designated as an officer who has primary decision-making authority under Section
20A-11-601
.
[
(b) (i) For all single 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)
] 
(b)
 In preparing the report, all receipts and expenditures shall be reported as of
December 31 of the previous year.
[
(d)
] 
(c)
 A check or negotiable instrument received by a state office candidate or a state
office candidate's personal campaign committee on or before December 31 of the previous year
shall be included in the summary report.
(3) An authorized member of the state office candidate's personal campaign committee
or the state office candidate shall certify in the summary report that, to the best of the person's
knowledge, all receipts and all expenditures have been reported as of December 31 of the
previous year and that there are no bills or obligations outstanding and unpaid except as set
forth in that report.
Section 4. Section 
20A-11-204
 is amended to read:
20A-11-204.
State office candidate and state officeholder -- Financial reporting
requirements -- Interim reports.
(1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
account required under Subsection 
20A-11-201
(1)(a).
(b) Except as provided in Subsection (1)(c), each state office candidate shall file an
interim report at the following times in any year in which the candidate has filed a declaration
of candidacy for a public office:
(i) seven days before the candidate's political convention;
(ii) seven days before the regular primary election date;
(iii) September 30; and
(iv) seven days before the regular general election date.
(c) If a state office candidate is a state office candidate seeking appointment for a
midterm vacancy, the state office candidate:
(i) shall file an interim report:
(A) no later than seven days before the day on which the political party of the party for
which the state office candidate seeks nomination meets to declare a nominee for the governor
to appoint in accordance with Section 
20A-1-504
; or
(B) if a state office candidate decides to seek the appointment with less than seven days
before the party meets, or the political party schedules the meeting to declare a nominee less
than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
before the day on which the party meets; and
(ii) is not required to file an interim report at the times described in Subsection (1)(b).
(d) Each state office holder who has a campaign account that has not been dissolved
under Section 
20A-11-205
 shall, in an even year, file an interim report at the following times,
regardless of whether an election for the state office holder's office is held that year:
(i) seven days before the political convention for the political party of the state office
holder;
(ii) seven days before the regular primary election date;
(iii) September 30; and
(iv) seven days before the regular general election date.
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution:
(i) the fair market value of the contribution with that information provided by the
contributor; and
(ii) a specific description of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date; and
(j) the name of a political action committee for which the state office candidate or state
office holder is designated as an officer who has primary decision-making authority under
Section 
20A-11-601
.
[
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
]
[
(b) 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.
]
[
(4)
] 
(3)
 (a) In preparing each interim report, all receipts and expenditures shall be
reported as of five days before the required filing date of the report.
(b) Any negotiable instrument or check received by a state office candidate or state
office holder more than five days before the required filing date of a report required by this
section shall be included in the interim report.
Section 5. Section 
20A-11-302
 is amended to read:
20A-11-302.
Legislative office candidate -- Financial reporting requirements --
Year-end summary report.
(1) (a) Each legislative office candidate shall file a summary report by January 10 of
the year after the regular general election year.
(b) In addition to the requirements of Subsection (1)(a), a former legislative office
candidate that has not filed the statement of dissolution and final summary report required
under Section 
20A-11-304
 shall continue to file a summary report on January 10 of each year.
(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 financial statement, if any;
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
if any, during the calendar year in which the summary report is due;
(iii) a single figure equal to the total amount of expenditures reported on all interim
reports, if any, filed during the previous year;
(iv) a detailed listing of each receipt, contribution, and public service assistance since
the last summary report that has not been reported in detail on an interim 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 that has
not been reported in detail on an interim 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, if any, plus all receipts minus all expenditures; and
(ix) the name of a political action committee for which the legislative office candidate
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)
] 
(b)
 In preparing the report, all receipts and expenditures shall be reported as of
December 31 of the previous year.
[
(d)
] 
(c)
 A check or negotiable instrument received by a legislative office candidate on
or before December 31 of the previous year shall be included in the summary report.
(3) The legislative office candidate shall certify in the summary report that to the best
of the candidate's knowledge, all receipts and all expenditures have been reported as of
December 31 of the previous year and that there are no bills or obligations outstanding and
unpaid except as set forth in that report.
Section 6. Section 
20A-11-303
 is amended to read:
20A-11-303.
Legislative office candidate and legislative officeholder -- Financial
reporting requirements -- Interim reports.
(1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
account required under Subsection 
20A-11-301
(1)(a)(i).
(b) Except as provided in Subsection (1)(d), each legislative office candidate shall file
an interim report at the following times in any year in which the candidate has filed a
declaration of candidacy for a public office:
(i) seven days before the candidate's political convention;
(ii) seven days before the regular primary election date;
(iii) September 30; and
(iv) seven days before the regular general election date.
(c) Each legislative office holder who has a campaign account that has not been
dissolved under Section 
20A-11-304
 shall, in an even year, file an interim report at the
following times, regardless of whether an election for the legislative office holder's office is
held that year:
(i) seven days before the political convention for the political party of the legislative
office holder;
(ii) seven days before the regular primary election date for that year;
(iii) September 30; and
(iv) seven days before the regular general election date.
(d) If a legislative office candidate is a legislative office candidate seeking appointment
for a midterm vacancy, the legislative office candidate:
(i) shall file an interim report:
(A) no later than seven days before the day on which the political party of the party for
which the legislative office candidate seeks nomination meets to declare a nominee for the
governor to appoint in accordance with Section 
20A-1-503
; or
(B) if a legislative office candidate decides to seek the appointment with less than
seven days before the party meets, or the political party schedules the meeting to declare a
nominee less than seven days before the day of the meeting, no later than 5 p.m. on the last day
of business before the day on which the party meets; and
(ii) is not required to file an interim report at the times described in Subsection (1)(b).
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution:
(i) the fair market value of the contribution with that information provided by the
contributor; and
(ii) a specific description of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date; and
(j) the name of a political action committee for which the legislative office candidate or
legislative office holder is designated as an officer who has primary decision-making authority
under Section 
20A-11-601
.
[
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
]
[
(b) 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.
]
[
(4)
] 
(3)
 (a) In preparing each interim report, all receipts and expenditures shall be
reported as of five days before the required filing date of the report.
(b) Any negotiable instrument or check received by a legislative office candidate or
legislative office holder more than five days before the required filing date of a report required
by this section shall be included in the interim report.
Section 7. 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)
] 
(b)
 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 8. Section 
20A-11-1302
 is amended to read:
20A-11-1302.
School board office candidate -- Financial reporting requirements
-- Year-end summary report.
(1) (a) Each school board office candidate shall file a summary report by January 10 of
the year after the regular general election year.
(b) In addition to the requirements of Subsection (1)(a), a former school board office
candidate that has not filed the statement of dissolution and final summary report required
under Section 
20A-11-1304
 shall continue to file a summary report on January 10 of each year.
(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 financial statement, if any;
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
if any, during the previous year;
(iii) a single figure equal to the total amount of expenditures reported on all interim
reports, if any, filed during the previous year;
(iv) a detailed listing of each receipt, contribution, and public service assistance since
the last summary report that has not been reported in detail on an interim 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 that has
not been reported in detail on an interim 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, if any, plus all receipts minus all expenditures; and
(ix) the name of a political action committee for which the school board office
candidate 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)
] 
(b)
 In preparing the report, all receipts and expenditures shall be reported as of
December 31 of the previous year.
[
(d)
] 
(c)
 A check or negotiable instrument received by a school board office candidate
on or before December 31 of the previous year shall be included in the summary report.
(3) The school board office candidate shall certify in the summary report that, to the
best of the school board office candidate's knowledge, all receipts and all expenditures have
been reported as of December 31 of the previous year and that there are no bills or obligations
outstanding and unpaid except as set forth in that report.
Section 9. Section 
20A-11-1303
 is amended to read:
20A-11-1303.
School board office candidate and school board officeholder --
Financial reporting requirements -- Interim reports.
(1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
account required under Subsection 
20A-11-1301
(1)(a)(i).
(b) Each school board office candidate shall file an interim report at the following
times in any year in which the candidate has filed a declaration of candidacy for a public office:
(i) May 15;
(ii) seven days before the regular primary election date;
(iii) September 30; and
(iv) seven days before the regular general election date.
(c) Each school board office holder who has a campaign account that has not been
dissolved under Section 
20A-11-1304
 shall, in an even year, file an interim report at the
following times, regardless of whether an election for the school board office holder's office is
held that year:
(i) May 15;
(ii) seven days before the regular primary election date for that year;
(iii) September 30; and
(iv) seven days before the regular general election date.
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution:
(i) the fair market value of the contribution with that information provided by the
contributor; and
(ii) a specific description of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date; and
(j) the name of a political action committee for which the school board office candidate
or school board office holder is designated as an officer who has primary decision-making
authority under Section 
20A-11-601
.
[
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
]
[
(b) 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.
]
[
(4)
] 
(3)
 (a) In preparing each interim report, all receipts and expenditures shall be
reported as of five days before the required filing date of the report.
(b) Any negotiable instrument or check received by a school board office candidate or
school board office holder more than five days before the required filing date of a report
required by this section shall be included in the interim report.