Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 275 (2017GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/22/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals provisions that required a corporation that made expenditures to influence the outcome of an election to report on a financial statement money received from a donor in certain circumstances; and
• repeals a provision that required a corporation in certain circumstances to notify a donor that the corporation may:
• use the money to influence the outcome of an election; and
• disclose the identity of the donor.

Every vote on this bill

Bill text

CAMPAIGN FINANCE REPORTING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
Brad M. Daw
LONG TITLE
General Description:
This bill modifies provisions in Title 20A, Chapter 11, Campaign and Financial
Reporting Requirements, governing campaign finance reporting by corporations.
Highlighted Provisions:
This bill:
▸ repeals provisions that required a corporation that made expenditures to influence
the outcome of an election to report on a financial statement money received from a
donor in certain circumstances; and
▸ repeals a provision that required a corporation in certain circumstances to notify a
donor that the corporation may:
• use the money to influence the outcome of an election; and
• disclose the identity of the donor.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-11-701
, as last amended by Laws of Utah 2015, Chapters 204 and 296
20A-11-702
, as last amended by Laws of Utah 2015, Chapter 204
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-11-701
 is amended to read:
20A-11-701.
Campaign financial reporting by corporations -- Filing requirements
-- Statement contents.
(1) (a) Each corporation that has made expenditures for political purposes that total at
least $750 during a calendar year shall file a verified financial statement with the lieutenant
governor's office:
(i) on January 10, reporting expenditures as of December 31 of the previous year;
(ii) seven days before the state political convention for each major political party;
(iii) seven days before the regular primary election date;
(iv) on September 30; and
(v) seven days before the regular general election date.
(b) The corporation shall report:
(i) a detailed listing of all expenditures made since the last financial statement;
(ii) for a financial statement described in Subsections (1)(a)(ii) through (v), all
expenditures as of five days before the required filing date of the financial statement; and
(iii) whether the corporation, including an officer of the corporation, director of the 
corporation, or person with at least 10% ownership in the corporation:
(A) has bid since the last financial statement on a contract, as defined in Section
63G-6a-103
, in excess of $100,000;
(B) is currently bidding on a contract, as defined in Section 
63G-6a-103
, in excess of
$100,000; or
(C) is a party to a contract, as defined in Section 
63G-6a-103
, in excess of $100,000.
(c) The corporation need not file a financial statement under this section if the 
corporation made no expenditures during the reporting period.
(d) The corporation is not required to report an expenditure made to, or on behalf of, a
reporting entity that the reporting entity is required to include in a financial statement described
in this chapter or Chapter 12, Part 2, Judicial Retention Elections.
(2) The financial statement shall include:
(a) the name and address of each reporting entity that received an expenditure from the 
corporation, and the amount of each expenditure;
(b) the total amount of expenditures disbursed by the corporation[
:
]
; and
[
(i) since the last financial statement; and
]
[
(ii) during the calendar year;
]
[
(c) (i) a statement that the corporation did not receive any money from any donor
during the calendar year or the previous calendar year that the corporation has not reported in a
previous financial statement; or
]
[
(ii) a report, described in Subsection (3), of the money received from donors during
the calendar year or the previous calendar year that the corporation has not reported in a
previous financial statement; and
]
[
(d)
] 
(c)
 a statement by the corporation's treasurer or chief financial officer certifying
the accuracy of the financial statement.
[
(3) (a) The report required by Subsection (2)(c)(ii) shall include:
]
[
(i) the name and address of each donor;
]
[
(ii) the amount of the money received by the corporation from each donor; and
]
[
(iii) the date on which the corporation received the money.
]
[
(b) A corporation shall report money received from donors in the following order:
]
[
(i) first, beginning with the least recent date on which the corporation received money
that the corporation has not reported in a previous financial statement, the money received from
a donor that:
]
[
(A) requests that the corporation use the money to make an expenditure;
]
[
(B) gives the money to the corporation in response to a solicitation indicating the 
corporation's intent to make an expenditure; or
]
[
(C) knows that the corporation may use the money to make an expenditure; and
]
[
(ii) second, divide the difference between the total amount of expenditures made since
the last financial statement and the total amount of money reported under Subsection (3)(b)(i)
on a proration basis between all donors that:
]
[
(A) are not described in Subsection (3)(b)(i);
]
[
(B) gave at least $50 during the calendar year or previous calendar year; and
]
[
(C) have not been reported in a previous financial statement.
]
[
(c) If the amount reported under Subsection (3)(b) is less than the total amount of
expenditures made since the last financial statement, the financial statement shall contain a
statement that the corporation has reported all donors that gave money, and all money received
by donors, during the calendar year or previous calendar year that the corporation has not
reported in a previous financial statement.
]
[
(d) The corporation shall indicate on the financial statement that the amount
attributed to each donor under Subsection (3)(b)(ii) is only an estimate.
]
[
(e) (i) For all individual donations of $50 or less, the corporation may report a single
aggregate figure without separate detailed listings.
]
[
(ii) The corporation:
]
[
(A) may not report in the aggregate two or more donations from the same source that
have an aggregate total of more than $50; and
]
[
(B) shall separately report donations described in Subsection (3)(e)(ii)(A).
]
[
(4) If a corporation makes expenditures that total at least $750 during a calendar year,
the corporation shall notify a person giving money to the corporation that:
]
[
(a) the corporation may use the money to make an expenditure; and
]
[
(b) the person's name and address may be disclosed on the corporation's financial
statement.
]
Section 2. Section 
20A-11-702
 is amended to read:
20A-11-702.
Campaign financial reporting of political issues expenditures by
corporations -- Financial reporting.
(1) (a) Each corporation that has made political issues expenditures on current or
proposed ballot issues that total at least $750 during a calendar year shall file a verified
financial statement with the lieutenant governor's office:
(i) on January 10, reporting 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 September 30; and
(v) seven days before the regular general election date.
(b) The corporation shall report:
(i) a detailed listing of all expenditures made since the last financial statement; and
(ii) for a financial statement described in Subsections (1)(a)(ii) through (v),
expenditures as of five days before the required filing date of the financial statement.
(c) The corporation need not file a statement under this section if it made no
expenditures during the reporting period.
(2) That statement shall include:
(a) 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 corporation, and the
amount of each political issues expenditure;
(b) the total amount of political issues expenditures disbursed by the corporation[
:
]
;
and
[
(i) since the last financial statement; and
]
[
(ii) during the calendar year;
]
[
(c) (i) a statement that the corporation did not receive any money from any donor
during the calendar year or the previous calendar year that the corporation has not reported in a
previous financial statement; or
]
[
(ii) a report, described in Subsection (3), of the money received from donors during
the calendar year or the previous calendar year that the corporation has not reported in a
previous financial statement; and
]
[
(d)
] 
(c)
 a statement by the corporation's treasurer or chief financial officer certifying
the accuracy of the verified financial statement.
[
(3) (a) The report required by Subsection (2)(c)(ii) shall include:
]
[
(i) the name and address of each donor;
]
[
(ii) the amount of the money received by the corporation from each donor; and
]
[
(iii) the date on which the corporation received the money.
]
[
(b) A corporation shall report money received from donors in the following order:
]
[
(i) first, beginning with the least recent date on which the corporation received money
that has not been reported in a previous financial statement, the money received from a donor
that:
]
[
(A) requests that the corporation use the money to make a political issues
expenditure;
]
[
(B) gives the money to the corporation in response to a solicitation indicating the
corporation's intent to make a political issues expenditure; or
]
[
(C) knows that the corporation may use the money to make a political issues
expenditure; and
]
[
(ii) second, divide the difference between the total amount of political issues
expenditures made since the last financial statement and the total amount of money reported
under Subsection (3)(b)(i) on a proration basis between all donors that:
]
[
(A) are not described in Subsection (3)(b)(i);
]
[
(B) gave at least $50 during the calendar year or previous calendar year; and
]
[
(C) have not been reported in a previous financial statement.
]
[
(c) If the amount reported under Subsection (3)(b) is less than the total amount of
political issues expenditures made since the last financial statement, the financial statement
shall contain a statement that the corporation has reported all donors that gave money, and all
money received by donors, during the calendar year or previous calendar year that the
corporation has not reported in a previous financial statement.
]
[
(d) The corporation shall indicate on the financial statement that the amount attributed
to each donor under Subsection (3)(b)(ii) is only an estimate.
]
[
(e) (i) For all individual donations of $50 or less, the corporation may report a single
aggregate figure without separate detailed listings.
]
[
(ii) The corporation:
]
[
(A) may not report in the aggregate two or more donations from the same source that
have an aggregate total of more than $50; and
]
[
(B) shall separately report donations described in Subsection (3)(e)(ii)(A).
]
[
(4) If a corporation makes political issues expenditures that total at least $750 during a
calendar year, the corporation shall notify a person giving money to the corporation that:
]
[
(a) the corporation may use the money to make a political issues expenditure; and
]
[
(b) the person's name and address may be disclosed on the corporation's financial
statement.
]