20A-11-403. Failure to file — Penalties.
| (1) |
Within 60 days after a deadline for the filing of a summary report, the lieutenant governor shall review each filed summary report to ensure that:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 20A-11-403- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Filing entity: means the reporting entity that is required to file a financial statement required by this chapter or 2. See Utah Code 20A-11-101
- Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
- Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
| (a) |
each officeholder that is required to file a summary report has filed one; and |
| (b) |
each summary report contains the information required by this part. |
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| (2) |
If it appears that any officeholder has failed to file the summary report required by law, if it appears that a filed summary report 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 summary report, the lieutenant governor shall, if the lieutenant governor determines that a violation has occurred:
| (a) |
impose a fine against the filing entity in accordance with Section 20A-11-1005; and |
| (b) |
within five days of discovery of a violation or receipt of a written complaint, notify the officeholder of the violation or written complaint and direct the officeholder to file a summary report correcting the problem. |
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| (3) |
| (a) |
It is unlawful for any officeholder to fail to file or amend a summary report within seven days after receiving notice from the lieutenant governor under this section. |
| (b) |
Each officeholder who violates Subsection (3)(a) is guilty of a class B misdemeanor. |
| (c) |
The lieutenant governor shall report all violations of Subsection (3)(a) to the attorney general. |
| (d) |
In addition to the criminal penalty described in Subsection (3)(b), the lieutenant governor shall impose a civil fine of $100 against an officeholder who violates Subsection (3)(a). |
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Amended by Chapter 20, 2021 General Session
