Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                               H.B. 466
Approved for Filing: T.R. Vaughn 6
          6 02-05-24 8:55 AM 6
                                DISCLOSURES AMENDMENTS
                                       2024 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: Candice B. Pierucci
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill amends provisions relating to the disclosure of certain travel by, or donations
 to, an officeholder.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < in relation to a legislative officeholder, separates the disclosure of donations made
 to defray the costs of functioning in public office (officeholder assistance) from the
 disclosure of a campaign contribution;
        < requires a legislative officeholder to disclose to the secretary of the Senate or the
 chief clerk of the House the receipt of officeholder assistance and, subject to certain
 exceptions, foreign financed travel, within 31 days after receipt;
        < describes the requirements for making a disclosure described in the preceding
 paragraph;
        < provides that a disclosure of officeholder assistance or foreign financed travel
 described in this bill is a public document; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
                                                                                                        H.B. 466
        None
 Other Special Clauses:
     *HB0466*
       H.B. 466                                                              02-05-24 8:55 AM
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        20A-11-101, as last amended by Laws of Utah 2023, Chapter 15
        20A-11-201, as last amended by Laws of Utah 2021, Chapter 20
        20A-11-203, as last amended by Laws of Utah 2019, Chapter 74
        20A-11-204, as last amended by Laws of Utah 2021, Chapter 20
        20A-11-301, as last amended by Laws of Utah 2021, Chapter 20
        20A-11-302, as last amended by Laws of Utah 2019, Chapter 74
        20A-11-303, as last amended by Laws of Utah 2021, Chapter 20
        20A-11-401, as last amended by Laws of Utah 2018, Chapter 83
        20A-11-402, as last amended by Laws of Utah 2019, Chapter 74
        20A-11-505.7, as last amended by Laws of Utah 2015, Chapter 21
        20A-11-506, as last amended by Laws of Utah 2019, Chapter 74
        20A-11-507, as last amended by Laws of Utah 2019, Chapter 74
        20A-11-510, as last amended by Laws of Utah 2019, Chapter 74
        20A-11-511, as last amended by Laws of Utah 2019, Chapter 74
        20A-11-601, as last amended by Laws of Utah 2022, Chapter 340
        20A-11-602, as last amended by Laws of Utah 2019, Chapters 74, 116
        20A-11-1301, as last amended by Laws of Utah 2021, Chapter 20
        20A-11-1302, as last amended by Laws of Utah 2019, Chapter 74
        20A-11-1303, as last amended by Laws of Utah 2021, Chapter 20
        20A-11-1502, as last amended by Laws of Utah 2018, Chapter 83
        20A-11-1704, as last amended by Laws of Utah 2018, Chapter 83
 ENACTS:
        36-35-101, Utah Code Annotated 1953
        36-35-102, Utah Code Annotated 1953
        36-35-103, Utah Code Annotated 1953
56
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 20A-11-101 is amended to read:
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       02-05-24 8:55 AM                                                                            H.B. 466
           20A-11-101. Definitions.
           As used in this chapter:
           (1) (a) "Address" means the number and street where an individual resides or where a
 reporting entity has its principal office.
           (b) "Address" does not include a post office box.
           (2) "Agent of a reporting entity" means:
           (a) a person acting on behalf of a reporting entity at the direction of the reporting
 entity;
           (b) a person employed by a reporting entity in the reporting entity's capacity as a
 reporting entity;
           (c) the personal campaign committee of a candidate or officeholder;
           (d) a member of the personal campaign committee of a candidate or officeholder in the
 member's capacity as a member of the personal campaign committee of the candidate or
 officeholder; or
           (e) a political consultant of a reporting entity.
           (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
 amendments, and any other ballot propositions submitted to the voters that are authorized by
 the Utah Code Annotated 1953.
           (4) "Candidate" means any person who:
           (a) files a declaration of candidacy for a public office; or
           (b) receives contributions, makes expenditures, or gives consent for any other person to
 receive contributions or make expenditures to bring about the person's nomination or election
 to a public office.
           (5) "Chief election officer" means:
           (a) the lieutenant governor for state office candidates, legislative office candidates,
 officeholders, political parties, political action committees, corporations, political issues
 committees, state school board candidates, judges, and labor organizations, as defined in
 Section 20A-11-1501; and
           (b) the county clerk for local school board candidates.
           (6) (a) "Contribution" means any of the following when done for [political purposes] a
 political purpose:
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        H.B. 466                                                                      02-05-24 8:55 AM
         (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] a 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] an organization, or [its] another organization directly affiliated with the
 organization, that has a registered lobbyist; or
         (B) [any] an agency or subdivision of the state, including a school [districts] district;
         (vi) a loan made by a candidate deposited to the candidate's own campaign; and
         (vii) an in-kind [contributions] contribution.
         (b) "Contribution" does not include:
         (i) services provided by individuals volunteering a portion or all of their time on behalf
 of the filing entity if the services are provided without compensation by the filing entity or any
 other person;
         (ii) money lent to the filing entity by a financial institution in the ordinary course of
 business;
         (iii) goods or services provided for the benefit of a political entity at less than fair
 market value that are not authorized by or coordinated with the political entity; [or]
         (iv) data or information described in Subsection (24)(b)[.]; or
         (v) officeholder assistance.
         (7) "Coordinated with" means that goods or services provided for the benefit of a
 political entity are provided:
         (a) with the political entity's prior knowledge, if the political entity does not object;
         (b) by agreement with the political entity;
         (c) in coordination with the political entity; or
         (d) using official logos, slogans, and similar elements belonging to a political entity.
         (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
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        02-05-24 8:55 AM                                                                         H.B. 466
 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 a political [purposes] purpose; or
         (ii) the purpose of expressly advocating the approval or the defeat of any ballot
 proposition.
         (b) "Corporation" does not [mean] include:
         (i) a business organization's political action committee or political issues committee; or
         (ii) a business entity organized as a partnership or a sole proprietorship.
         (9) "County political party" means, for each registered political party, all of the persons
 within a single county who, under definitions established by the political party, are members of
 the registered political party.
         (10) "County political party officer" means a person whose name is required to be
 submitted by a county political party to the lieutenant governor in accordance with Section
 20A-8-402.
         (11) "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.
         [(12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
 for membership in the corporation, to a corporation without receiving full and adequate
 consideration for the money.]
         [(b) "Donor" does not include a person that signs a statement that the corporation may
 not use the money for an expenditure or political issues expenditure.]
         (12) (a) "Donation" means anything of value, whether tangible or intangible, given
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        H.B. 466                                                                     02-05-24 8:55 AM
 without the expectation of full compensation at fair market value, including:
        (i) goods or services;
        (ii) money;
        (iii) travel, lodging, or travel expenses;
        (iv) membership in an organization;
        (v) a subscription to a publication; or
        (vi) attendance at a conference or other event.
        (b) "Donation" includes:
        (i) a loan or advance:
        (A) made at less than fair market value;
        (B) that does require full repayment, plus interest at market rates; or
        (C) that is given on terms that are more favorable than the terms generally available in
 the market, without compensation for those terms at market value; or
        (ii) forgiveness of debt.
        (13) "Election" means each:
        (a) regular general election;
        (b) regular primary election; and
        (c) special election at which candidates are eliminated and selected.
        (14) "Electioneering communication" means a communication that:
        (a) has at least a value of $10,000;
        (b) clearly identifies a candidate or judge; and
        (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
 identified candidate's or judge's election date.
        (15) (a) "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 a political [purposes] purpose;
        (iii) an express, legally enforceable contract, promise, or agreement to make any
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        02-05-24 8:55 AM                                                                            H.B. 466
 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
 value for a political [purposes] purpose;
         (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 a political [purposes] purpose at less than fair market value; or
         (vii) an independent expenditure, as defined in Section 20A-11-1702.
         (b) "Expenditure" does not include:
         (i) officeholder assistance;
         (ii) anything provided to an officeholder by the legislative branch, executive branch, or
 judicial branch of the state;
         (iii) anything that is provided to an officeholder by an organization in consequence of
 the payment of dues to the organization by the officeholder or a branch of state government;
         (iv) [(i)] services provided without compensation by individuals volunteering a portion
 or all of their time on behalf of a reporting entity;
         [(ii)] (v) money lent to a reporting entity by a financial institution in the ordinary
 course of business; or
         [(iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
 candidates for office or officeholders in states other than Utah.]
         (vi) anything described in Subsection (15)(a) that is given by a reporting entity to a
 candidate for office in, or an officeholder in:
         (A) a state other than Utah; or
         (B) a United States territory or possession; or
         (vii) anything provided by the legislative branch, executive branch, or judicial branch
 of the state.
         (16) "Federal office" means the office of president of the United States, United States
 Senator, or United States Representative.
         (17) "Filing entity" means the reporting entity that is required to file a financial
 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
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        H.B. 466                                                                      02-05-24 8:55 AM
         (18) (a) "Financial statement" includes [any] a summary report, interim report, verified
 financial statement, or other statement [disclosing contributions, expenditures, receipts,
 donations, or disbursements that is] required by this chapter or Chapter 12, Part 2, Judicial
 Retention Elections[.], disclosing:
         (i) contributions, expenditures, donations, or disbursements; or
         (ii) except as it relates to a report or statement by a legislative officeholder,
 officeholder assistance.
         (b) "Financial statement" does not include:
         (i) a disclosure of foreign financed travel described in Section 36-35-102; or
         (ii) a disclosure of officeholder assistance described in Section 36-35-103.
         (19) "Governing board" means the individual or group of individuals that determine the
 candidates and committees that will receive expenditures from a political action committee,
 political party, or corporation.
         (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
 Incorporation, by which a geographical area becomes legally recognized as a city, town, or
 metro township.
         (21) "Incorporation election" means the election conducted under Section 10-2a-210 or
 10-2a-404.
         (22) "Incorporation petition" means a petition described in Section 10-2a-208.
         (23) "Individual" means a natural person.
         (24) (a) "In-kind contribution" means anything of value, other than money, that is
 accepted by or coordinated with a filing entity.
         (b) "In-kind contribution" does not include survey results, voter lists, voter contact
 information, demographic data, voting trend data, or other information that:
         (i) is not commissioned for the benefit of a particular candidate or officeholder; and
         (ii) is offered at no cost to a candidate or officeholder.
         (25) "Interim report" means a report identifying the contributions received and
 expenditures made since the last report.
         (26) "Legislative office" means the office of state senator, state representative, speaker
 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
 whip of any party caucus in either house of the Legislature.
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