20A-11-802. Political issues committees — Financial reporting.
(1)
Terms Used In Utah Code 20A-11-802
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
Contribution: means any of the following when done for political purposes:
(i)
a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;
(ii)
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 filing entity;
(iii)
any transfer of funds from another reporting entity to the filing entity;
(iv)
compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
(v)
remuneration from:
(A)
any organization or its directly affiliated organization that has a registered lobbyist; or
(B)
any agency or subdivision of the state, including school districts;
(vi)
a loan made by a candidate deposited to the candidate's own campaign; and
Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
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
special election at which candidates are eliminated and selected. 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
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
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
Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
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 issues committee: means an entity, or any group of individuals or entities within or outside this state, a major purpose of which is to:
(i)
solicit or receive donations from any other person, group, or entity to assist in placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
(ii)
make expenditures to expressly advocate for any person to sign or refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any proposed ballot proposition or an incorporation in an incorporation election; or
(iii)
make expenditures to assist in qualifying or placing a ballot proposition on the ballot or to assist in keeping a ballot proposition off the ballot. See Utah Code 20A-11-101
Political issues contribution: means any of the following:
(i)
a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or anything of value given to a political issues committee;
(ii)
an express, legally enforceable contract, promise, or agreement to make a political issues donation to influence the approval or defeat of any ballot proposition;
(iii)
any transfer of funds received by a political issues committee from a reporting entity;
(iv)
compensation paid by another reporting entity for personal services rendered without charge to a political issues committee; and
(v)
goods or services provided to or for the benefit of a political issues committee at less than fair market value. See Utah Code 20A-11-101
Political issues expenditure: means any of the following when made by a political issues committee or on behalf of a political issues committee by an agent of the reporting entity:
(i)
any payment from political issues contributions made for the purpose of influencing the approval or the defeat of:
(A)
a ballot proposition; or
(B)
an incorporation petition or incorporation election;
(ii)
a purchase, payment, distribution, loan, advance, deposit, or gift of money made for the express purpose of influencing the approval or the defeat of:
(A)
a ballot proposition; or
(B)
an incorporation petition or incorporation election;
(iii)
an express, legally enforceable contract, promise, or agreement to make any political issues expenditure;
(iv)
compensation paid by a reporting entity for personal services rendered by a person without charge to a political issues committee; or
(v)
goods or services provided to or for the benefit of another reporting entity at less than fair market value. See Utah Code 20A-11-101
Publicly identified class of individuals: means a group of 50 or more individuals sharing a common occupation, interest, or association that contribute to a political action committee or political issues committee and whose names can be obtained by contacting the political action committee or political issues committee upon whose financial statement the individuals are listed. See Utah Code 20A-11-101
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
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
Source: means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution. 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 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 incorporationelection, if the political issues committee has received or expended funds 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, five days before the deadline for the initiative or referendum sponsors to submit:
(A)
the verified and certified initiative packets under Section 20A-7-105; or
(B)
the signed and verified referendum packets under Section 20A-7-105;
(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 31 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.
