Bill
Campaign Finance Amendments
- Number
- S.B. 26 (2018GS)
- Sponsor
- Sen. Harper, W.
- Final action
- Governor Signed 3/15/2018
- Outcome
- Became law — signed by Gov. Gary R. Herbert
Summary
This bill modifies provisions of the Election Code relating to contributions and financial statements.
What it does
- This bill:
- modifies the deadline by which a state office candidate is required to report receipt of certain contributions or public service assistance;
- modifies the deadline by which a state office candidate or state officeholder is required to dispose of certain anonymous contributions;
- modifies the expenditure threshold for requiring a county political party to file financial statements;
- modifies the penalties for a county political party that fails to file a required financial statement;
- modifies and enacts financial requirements for political action committees, political issues committees, and politically active corporations;
- modifies reporting requirements for a school board office candidate;
- modifies reporting requirements relating to an independent expenditure; and
- makes technical changes.
Every vote on this bill
1/22/2018Senate/ circled
Senate 2nd Reading Calendar
Voice votenot eligible / no record1/23/2018Senate/ uncircled
Senate 2nd Reading Calendar
Voice votenot eligible / no record1/23/2018Senate/ passed 2nd & 3rd readings/ suspension
Clerk of the House
25 0 4not eligible / no record1/30/2018House Comm - Favorable Recommendation
House Government Operations Committee
11 0 0YEA2/1/2018House/ passed 3rd reading
House Speaker
72 0 3YEABill text
enrolled version · official source
CAMPAIGN FINANCE AMENDMENTS GENERAL SESSION STATE OF UTAH Chief Sponsor: Wayne A. Harper House Sponsor: Patrice M. Arent LONG TITLE General Description: This bill modifies provisions of the Election Code relating to contributions and financial statements. Highlighted Provisions: This bill: ▸ modifies the deadline by which a state office candidate is required to report receipt of certain contributions or public service assistance; ▸ modifies the deadline by which a state office candidate or state officeholder is required to dispose of certain anonymous contributions; ▸ modifies the expenditure threshold for requiring a county political party to file financial statements; ▸ modifies the penalties for a county political party that fails to file a required financial statement; ▸ modifies and enacts financial requirements for political action committees, political issues committees, and politically active corporations; ▸ modifies reporting requirements for a school board office candidate; ▸ modifies reporting requirements relating to an independent expenditure; and ▸ makes technical 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 2015, Chapters 21 and 127 20A-11-301 , as last amended by Laws of Utah 2015, Chapters 21 and 127 20A-11-401 , as last amended by Laws of Utah 2016, Chapter 409 20A-11-510 , as enacted by Laws of Utah 2011, Chapter 396 20A-11-511 , as last amended by Laws of Utah 2015, Chapter 204 20A-11-512 , as last amended by Laws of Utah 2015, Chapter 204 20A-11-601 , as last amended by Laws of Utah 2011, Chapter 347 20A-11-602 , as last amended by Laws of Utah 2015, Chapters 21 and 204 20A-11-704 , as enacted by Laws of Utah 2006, Chapter 226 20A-11-705 , as enacted by Laws of Utah 2015, Chapter 296 20A-11-801 , as last amended by Laws of Utah 2015, Chapter 388 20A-11-802 , as last amended by Laws of Utah 2015, Chapters 21, 204, and 388 20A-11-803 , as last amended by Laws of Utah 2015, Chapter 204 20A-11-1005 , as last amended by Laws of Utah 2013, Chapter 252 20A-11-1301 , as last amended by Laws of Utah 2016, Chapter 28 20A-11-1502 , as last amended by Laws of Utah 2015, Chapter 204 20A-11-1703 , as enacted by Laws of Utah 2014, Chapter 60 20A-11-1704 , as enacted by Laws of Utah 2014, Chapter 60 20A-12-303 , as last amended by Laws of Utah 2015, Chapters 21 and 127 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 -- 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 [ ] 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) 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) (A) 10% of the amount of the contribution, if the state office candidate reports the contribution within 60 days after the day on which the time period described in Subsection (5)(b) ends; or (B) 20% of the amount of the contribution, if the state office candidate fails to report the contribution within 60 days after the day on which the time period described in Subsection (5)(b) ends; or (ii) (A) 10% of the value of the public service assistance, if the state office candidate reports the public service assistance within 60 days after the day on which the time period described in Subsection (5)(b) ends; or (B) 20% of the amount of the public service assistance, if the state office candidate fails to report the public service assistance within 60 days after the day on which the time period described in Subsection (5)(b) ends. (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. (7) Within [ ] 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 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 -- 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 [ ] 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) 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) (A) 10% of the amount of the contribution, if the legislative office candidate reports the contribution within 60 days after the day on which the time period described in Subsection (5)(b) ends; or (B) 20% of the amount of the contribution, if the legislative office candidate fails to report the contribution within 60 days after the day on which the time period described in Subsection (5)(b) ends; or (ii) (A) 10% of the value of the public service assistance, if the legislative office candidate reports the public service assistance within 60 days after the day on which the time period described in Subsection (5)(b) ends; or (B) 20% of the amount of the public service assistance, if the legislative office candidate fails to report the public service assistance within 60 days after the day on which the time period described in Subsection (5)(b) ends. (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) Within [ ] 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. (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 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-11-401 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) 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 [ ] 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 4. Section 20A-11-510 is amended to read: 20A-11-510. County political party financial reporting requirements -- Year-end summary report. (1) A county political party officer of a county political party that has received contributions totaling at least $750, or disbursed expenditures totaling at least [ $50 ] $750 , during a calendar year shall file a summary report by January 10 of the following 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 summary report, if any; (ii) a single figure equal to the total amount of receipts reported on all interim reports, if any, filed 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 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, the fair market value 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; and (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. (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 county political party officer shall certify in the summary report that, to the best of the officer'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 5. Section 20A-11-511 is amended to read: 20A-11-511. County political party financial reporting requirements -- Interim reports. (1) (a) A county political party officer of a county political party that has received contributions totaling at least $750, or disbursed expenditures totaling at least [ $50 ] $750 , during a calendar year shall file an interim report at the following times in any year in which there is a regular general election: (i) seven days before the county political party's convention; (ii) seven days before the regular primary election date; (iii) September 30; and (iv) seven days before the general election date. (b) A county political party officer need not file an interim report if it received no contributions or made no expenditures during the reporting period. (2) Each interim report shall include the following information: (a) the net balance of the last financial statement, 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, the fair market value 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; and (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. (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) In preparing each interim report, all receipts and expenditures shall be reported as of five days before the required filing date of the report. Section 6. Section 20A-11-512 is amended to read: 20A-11-512. County political party -- Criminal penalties -- Fines. [ (1) (a) A county political party that fails to file an interim report that is due seven days before the county political party's convention is subject to a fine imposed in accordance with Section 20A-11-1005 . ] [ (b) ] (1) A county political party that fails to file an interim report described in Subsections 20A-11-511 (1)(a)[ (ii) ] (i) through (iv) is subject to a fine [ of $1,000 ] in accordance with Section 20A-11-1005 , which the chief election officer shall deposit in the General Fund. (2) Within 30 days after a deadline for the filing of the January 10 statement required by Section 20A-11-510 , the lieutenant governor shall review each filed statement to ensure that: (a) a county political party officer who is required to file a statement has filed one; and (b) each statement contains the information required by Section 20A-11-510 . (3) If it appears that any county political party officer has failed to file a financial statement, if it appears that a filed financial statement does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any financial statement, the lieutenant governor shall, within five days of discovery of a violation or receipt of a written complaint, notify the county political party officer of the violation or written complaint and direct the county political party officer to file a financial statement correcting the problem. (4) (a) A county political party that fails to file or amend a financial statement within seven days after receiving notice from the lieutenant governor under this section is subject to a fine of [ $1,000, which the chief election officer shall deposit in the General Fund. ] the lesser of: (i) 10% of the total contributions received by the county political party during the reporting period for the financial statement that the county political party failed to file or amend; or (ii) $1,000. (b) The chief election officer shall deposit a fine collected under Subsection (4)(a) into the General Fund. Section 7. Section 20A-11-601 is amended to read: 20A-11-601. Political action committees -- Registration -- Criminal penalty for providing false information or accepting unlawful contribution. (1) (a) Each political action committee shall file a statement of organization with the lieutenant governor's office by January 10 of each year, unless the political action committee has filed a notice of dissolution under Subsection (4). (b) If a political action committee is organized after the January 10 filing date, the political action committee shall file an initial statement of organization no later than seven days after: (i) receiving contributions totaling at least $750; or (ii) distributing expenditures for political purposes totaling at least [ $50 ] $750 . (c) Each political action committee shall deposit each contribution received in one or more separate accounts in a financial institution that are dedicated only to that purpose. (2) (a) Each political action committee shall designate two officers who have primary decision-making authority for the political action committee. (b) A person may not exercise primary decision-making authority for a political action committee who is not designated under Subsection (2)(a). (3) The statement of organization shall include: (a) the name and address of the political action committee; (b) the name, street address, phone number, occupation, and title of the two primary officers designated under Subsection (2)(a); (c) the name, street address, occupation, and title of all other officers of the political action committee; (d) the name and street address of the organization, individual corporation, association, unit of government, or union that the political action committee represents, if any; (e) the name and street address of all affiliated or connected organizations and their relationships to the political action committee; (f) the name, street address, business address, occupation, and phone number of the committee's treasurer or chief financial officer; and (g) the name, street address, and occupation of each member of the governing and advisory boards, if any. (4) (a) Any registered political action committee that intends to permanently cease operations shall file a notice of dissolution with the lieutenant governor's office. (b) Any notice of dissolution filed by a political action committee does not exempt that political action committee from complying with the financial reporting requirements of this chapter. (5) (a) Unless the political action committee has filed a notice of dissolution under Subsection (4), a political action committee shall file, with the lieutenant governor's office, notice of any change of an officer described in Subsection (2)(a). (b) Notice of a change of a primary officer described in Subsection (2)(a) shall: (i) be filed within 10 days of the date of the change; and (ii) contain the name and title of the officer being replaced, and the name, street address, occupation, and title of the new officer. (6) (a) A person is guilty of providing false information in relation to a political action committee if the person intentionally or knowingly gives false or misleading material information in the statement of organization or the notice of change of primary officer. (b) Each primary officer designated in Subsection (2)(a) is guilty of accepting an unlawful contribution if the political action committee knowingly or recklessly accepts a contribution from a corporation that: (i) was organized less than 90 days before the date of the general election; and (ii) at the time the political action committee accepts the contribution, has failed to file a statement of organization with the lieutenant governor's office as required by Section 20A-11-704 . (c) A violation of this Subsection (6) is a third degree felony. 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 ] $750 , 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 September 30; 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 a financial statement described in 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 who 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 [ ] 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. (6) Within 31 days after receiving a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, a political action 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. Section 9. Section 20A-11-704 is amended to read: 20A-11-704. Statement of organization required for certain new corporations. (1) A corporation that is incorporated, organized, or otherwise created less than 90 days before the date of a general election shall file a statement of organization with the lieutenant governor's office before making a contribution to a political action committee or a political issues committee in association with the election. (2) The statement of organization shall include: (a) the name and street address of the corporation; (b) the name, street address, phone number, occupation, and title of one or more individuals that have primary decision-making authority for the corporation; (c) the name, street address, phone number, occupation, and title of the corporation's chief financial officer; (d) the name, street address, occupation, and title of all other officers or managers of the corporation; and (e) the name, street address, and occupation of each member of the corporation's governing and advisory boards, if any. (3) (a) A corporation shall file with the lieutenant governor's office a notice of intent to cease making contributions, if the corporation: (i) has made a contribution described in Subsection (1); and (ii) intends to permanently cease making contributions described in Subsection (1). (b) A notice filed under Subsection (3)(a) does not exempt the corporation from complying with the financial reporting requirements described in this chapter. Section 10. Section 20A-11-705 is amended to read: 20A-11-705. Notice of in-kind contributions. (1) A corporation that makes an in-kind contribution to a reporting entity shall, in accordance with Subsection (2), provide the reporting entity a written notice that includes: (a) the name and address of the corporation; (b) the date of the in-kind expenditure; (c) a description of the in-kind expenditure; and (d) the value, in dollars, of the in-kind expenditure. (2) A corporation shall provide the written notice described in Subsection (1) to the reporting entity: (a) except as provided in Subsection (2)(b), within [ ] days after the day on which the corporation makes the in-kind contribution; or (b) within three business days after the day on which the corporation makes the in-kind contribution, if: (i) the in-kind contribution is to a candidate who is contested in a convention and the corporation makes the in-kind contribution within 30 days before the day on which the convention is held; (ii) the in-kind contribution is to a candidate who is contested in a primary election and the corporation makes the in-kind contribution within 30 days before the day on which the primary election is held; or (iii) the in-kind contribution is to a candidate who is contested in a general election and the corporation makes the in-kind contribution within 30 days before the day on which the general election is held. (3) A corporation that provides, and a reporting entity that receives, the written notice described in Subsection (1) shall retain a copy of the notice for five years after the day on which the written notice is provided to the reporting entity. (4) A corporation or reporting entity that fails to comply with the requirements of this section is guilty of a class B misdemeanor. (5) A person that intentionally or knowingly provides, or conspires to provide, false information on a written notice described in this section is guilty of a class B misdemeanor. Section 11. Section 20A-11-801 is amended to read: 20A-11-801. Political issues committees -- Registration -- Criminal penalty for providing false information or accepting unlawful contribution. (1) (a) Each political issues committee shall file a statement of organization with the lieutenant governor's office by January 10 of each year, unless the political issues committee has filed a notice of dissolution under Subsection (4). (b) If a political issues committee is organized after the January 10 filing date, the political issues committee shall file an initial statement of organization no later than seven days after: (i) receiving political issues contributions totaling at least $750; or (ii) disbursing political issues expenditures totaling at least $750. (c) Each political issues committee shall deposit each contribution received into one or more separate accounts in a financial institution that are dedicated only to that purpose. (2) Each political issues committee shall designate two officers that have primary decision-making authority for the political issues committee. (3) The statement of organization shall include: (a) the name and street address of the political issues committee; (b) the name, street address, phone number, occupation, and title of the two primary officers designated under Subsection (2); (c) the name, street address, occupation, and title of all other officers of the political issues committee; (d) the name and street address of the organization, individual, corporation, association, unit of government, or union that the political issues committee represents, if any; (e) the name and street address of all affiliated or connected organizations and their relationships to the political issues committee; (f) the name, street address, business address, occupation, and phone number of the committee's treasurer or chief financial officer; (g) the name, street address, and occupation of each member of the supervisory and advisory boards, if any; and (h) the ballot proposition whose outcome they wish to affect, and whether they support or oppose it. (4) (a) Any registered political issues committee that intends to permanently cease operations during a calendar year shall : (i) dispose of all remaining funds by returning the funds to donors or donating the funds to an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and (ii) after complying with Subsection (4)(a)(i), file a notice of dissolution with the lieutenant governor's office. (b) Any notice of dissolution filed by a political issues committee does not exempt that political issues committee from complying with the financial reporting requirements of this chapter. (5) (a) Unless the political issues committee has filed a notice of dissolution under Subsection (4), a political issues committee shall file, with the lieutenant governor's office, notice of any change of an officer described in Subsection (2). (b) Notice of a change of a primary officer described in Subsection (2) shall: (i) be filed within 10 days of the date of the change; and (ii) contain the name and title of the officer being replaced and the name, street address, occupation, and title of the new officer. (6) (a) A person is guilty of providing false information in relation to a political issues committee if the person intentionally or knowingly gives false or misleading material information in the statement of organization or the notice of change of primary officer. (b) Each primary officer designated in Subsection (2) is guilty of accepting an unlawful contribution if the political issues committee knowingly or recklessly accepts a contribution from a corporation that: (i) was organized less than 90 days before the date of the general election; and (ii) at the time the political issues committee accepts the contribution, has failed to file a statement of organization with the lieutenant governor's office as required by Section 20A-11-704 . (c) A violation of this Subsection (6) is a third degree felony. Section 12. 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 $750, 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 September 30; 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 who 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 [ ] 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. (5) Within 31 days after receiving a contribution that is cash or a negotiable instrument, exceeds $50, and is from an unknown source, a political issues 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. Section 13. Section 20A-11-803 is amended to read: 20A-11-803. Criminal penalties -- Fines. (1) (a) Each political issues committee that fails to file a financial statement before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005 . (b) Each political issues committee that fails to file a financial statement described in Subsection 20A-11-802 (1)(a)(vii) or (viii) is guilty of a class B misdemeanor. [ (b) ] (c) The lieutenant governor shall report all violations of Subsection (1)[ (a) ] (b) to the attorney general. (2) Within 30 days after a deadline for the filing of the January 10 statement, the lieutenant governor shall review each filed statement to ensure that: (a) each political issues committee that is required to file a statement has filed one; and (b) each statement contains the information required by this part. (3) If it appears that any political issues committee has failed to file the January 10 statement, if it appears that a filed statement does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any statement, the lieutenant governor shall, within five days of discovery of a violation or receipt of a written complaint, notify the political issues committee of the violation or written complaint and direct the political issues committee to file a statement correcting the problem. (4) (a) It is unlawful for any political issues committee to fail to file or amend a statement within seven days after receiving notice from the lieutenant governor under this section. (b) Each political issues committee who violates Subsection (4)(a) is guilty of a class B misdemeanor. (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney general. (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant governor shall impose a civil fine of $1,000 against a political issues committee that violates Subsection (4)(a). Section 14. Section 20A-11-1005 is amended to read: 20A-11-1005. Fines for failing to file a financial statement. (1) Except as provided in [ Subsections ] Subsection 20A-11-512 [ (1)(b) and ] (4), the chief election officer shall fine a filing entity $100 for failing to file a financial statement by the filing deadline. (2) If a filing entity is unable to pay the fine or files an affidavit of impecuniosity in a manner similar to Subsection 20A-9-201 (5)(d), the chief election officer shall impose the fine against the candidate or treasurer, as appropriate. (3) The chief election officer shall deposit fines collected under this chapter in the General Fund. Section 15. 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 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-11-1302 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 office candidate may not expend or transfer the money in a campaign account in a manner that would cause the former school board office candidate to recognize the money as taxable income under federal tax law. (b) A person who is no longer a school board office candidate may transfer the money in a campaign account in a manner that would cause the former school board 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. (6) (a) As used in this Subsection (6), "received" means the same as that term is defined in Subsection 20A-11-1303 (1)(a). (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 [ ] 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 convention and the contribution or public service assistance is received within 30 days before the day on which the convention is held; [ (A) ] (B) 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) ] (C) 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) 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) (A) 10% of the amount of the contribution, if the school board office candidate reports the contribution within 60 days after the day on which the time period described in Subsection (6)(b) ends; or (B) 20% of the amount of the contribution, if the school board office candidate fails to report the contribution within 60 days after the day on which the time period described in Subsection (6)(b) ends; or (ii) (A) 10% of the value of the public service assistance, if the school board office candidate reports the public service assistance within 60 days after the day on which the time period described in Subsection (6)(b) ends; or (B) 20% of the amount of the public service assistance, if the school board office candidate fails to report the public service assistance within 60 days after the day on which the time period described in Subsection (6)(b) ends. (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) Within [ ] 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. (8) (a) As used in this Subsection (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 16. Section 20A-11-1502 is amended to read: 20A-11-1502. Campaign financial reporting of expenditures -- Filing requirements -- Statement contents. (1) (a) Each labor organization that has made expenditures for political purposes or 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 regular primary election date; (iii) on September 30; and (iv) seven days before the regular general election date. (b) The labor organization shall report: (i) a detailed listing of all expenditures made since the last statement; and (ii) for a financial statement described in Subsections (1)(a)(ii) through (iv), all expenditures as of five days before the required filing date of the financial statement. (c) The labor organization [ need not ] is not required to file a financial statement under this section if the labor organization: (i) made no expenditures during the reporting period; or (ii) reports [ its ] the labor organization's expenditures during the reporting period under another part of this chapter. (2) The financial statement shall include: (a) the name and address of each reporting entity that received an expenditure or political issues expenditure of more than $50 from the labor organization, and the amount of each expenditure or political issues expenditure; (b) the total amount of expenditures disbursed by the labor organization; and (c) a statement by the labor organization's treasurer or chief financial officer certifying the accuracy of the financial statement. Section 17. Section 20A-11-1703 is amended to read: 20A-11-1703. Exceptions. (1) A registered political party is not required to comply with the requirements of this part. (2) A reporting entity is not required to report an independent expenditure under this part if the reporting party: (a) reports the expenditure under another part in this chapter; and (b) in the report described in Subsection (2)(a): (i) identifies the expenditure as an independent expenditure; and (ii) provides the information, described in Section 20A-11-1704 , in relation to the independent expenditure. Section 18. Section 20A-11-1704 is amended to read: 20A-11-1704. Independent expenditure report. (1) Except as provided in Section 20A-11-1703 , within [ ] days after the day on which a person has made a total of at least $1,000 in independent expenditures during an election cycle, the person shall file an independent expenditure report with the chief election officer. (2) Except as provided in Section 20A-11-1703 , within [ ] days after the day on which a person has made a total of at least $1,000 in independent expenditures during an election cycle that were not reported in an independent expenditure report already filed with the chief election officer during the same election cycle, the person shall file another independent expenditure report with the chief election officer. (3) An independent expenditure report shall include the following information: (a) if the person who made the independent expenditures is an individual, the person's name, address, and phone number; (b) if the person who made the independent expenditures is not an individual: (i) the person's name, address, and phone number; and (ii) the name, address, and phone number of an individual who may be contacted by the chief election officer in relation to the independent expenditure report; and (c) for each independent expenditure made by the person during the current election cycle that was not reported in a previous independent expenditure report: (i) the date of the independent expenditure; (ii) the amount of the independent expenditure; (iii) the candidate or ballot proposition for which the independent expenditure expressly advocates the success or defeat and a description of whether the independent expenditure supports or opposes the candidate or ballot proposition; (iv) the identity, address, and phone number of the person to whom the independent expenditure was made; (v) a description of the goods or services obtained by the independent expenditure; and (vi) for each person who, for political purposes, made cumulative donations of $1,000 or more during the current election cycle to the filer of the independent expenditure report: (A) the identity, address, and phone number of the person; (B) the date of the donation; and (C) the amount of the donation. (4) (a) If the person filing an independent expenditure report is an individual, the person shall sign the independent expenditure report and certify that the information contained in the report is complete and accurate. (b) If the person filing an independent expenditure report is not an individual: (i) the person filing the independent expenditure report shall designate an authorized individual to sign the independent expenditure report on behalf of the person; and (ii) the individual designated under Subsection (4)(b)(i) shall sign the independent expenditure report and certify that the information contained in the report is complete and accurate. (5) If a person who files an independent expenditure report previously filed an independent expenditure report during, or in relation to, the same election cycle that includes information, described in Subsection (3)(a) or (b), that has changed since the person filed the previous independent expenditure report, the person shall include in the most recent independent expenditure report a description of the information that has changed that includes both the old information and the new information. (6) An independent expenditure report is a public record under Title 63G, Chapter 2, Government Records Access and Management Act. Section 19. 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 [ ] days after the day on which the contribution is received. (c) 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: (i) 10% of the amount of the contribution if the judge reports the contribution within 60 days after the day on which the time period described in Subsection (3)(b) ends; or (ii) 20% of the amount of the contribution, if the judge fails to report the contribution within 60 days after the day on which the time period described in Subsection (3)(b) ends. (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. (4) Within [ ] 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.