20A-11-701.5.  Campaign financial reporting by corporations — Filing requirements — Statement contents.

(1) 

Terms Used In Utah Code 20A-11-701.5

  • Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes any expenditure from corporate funds for:
(i) the purpose of expressly advocating for political purposes; or
(ii) the purpose of expressly advocating the approval or the defeat of any ballot proposition. See Utah Code 20A-11-101
  • Detailed listing: means :
    (a) for each contribution or public service assistance:
    (i) the name and address of the individual or source making the contribution or public service assistance, except to the extent that the name or address of the individual or source is unknown;
    (ii) the amount or value of the contribution or public service assistance; and
    (iii) the date the contribution or public service assistance was made; and
    (b) for each expenditure:
    (i) the amount of the expenditure;
    (ii) the goods or services acquired by the expenditure; and
    (iii) the date the expenditure was made. See Utah Code 20A-11-101
  • Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
    (i) any disbursement from contributions, receipts, or from the separate bank account required by this chapter;
    (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
    (iii) 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 political purposes;
    (iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;
    (v) a transfer of funds between the filing entity and a candidate's personal campaign committee;
    (vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value; or
    (vii) an independent expenditure, as defined in Section 20A-11-1702. See Utah Code 20A-11-101
  • Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or 2. See Utah Code 20A-11-101
  • Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly:Utah Code 20A-11-701.1
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • Regular primary election: means the election, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102
  • Reporting entity: means a candidate, a candidate's personal campaign committee, a judge, a judge's personal campaign committee, an officeholder, a party committee, a political action committee, a political issues committee, a corporation, or a labor organization, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (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, 2, Section 10-3-208, or Section 17-16-6.5.
  • (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

    (c)  a statement by the corporation’s treasurer or chief financial officer certifying the accuracy of the financial statement.

    Renumbered and Amended by Chapter 74, 2019 General Session