UT
Utah House Bill HB0393

Utah 2025 Regular Session

Utah House Bill HB0393 Compare Versions

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1-02-20 16:08 1st Sub. (Buff) H.B. 393
2-Candice B. Pierucci proposes the following substitute bill:
1+02-03 14:24 H.B. 393
32 1
43 Banning Foreign Funding in Ballot Propositions and Elections
54 2025 GENERAL SESSION
65 STATE OF UTAH
76 Chief Sponsor: Candice B. Pierucci
8-Senate Sponsor: Daniel McCay
7+Senate Sponsor:
98 2
109
1110 3
1211 LONG TITLE
1312 4
1413 General Description:
1514 5
1615 This bill establishes provisions related to foreign financial influence in ballot propositions
1716 6
1817 and elections.
1918 7
2019 Highlighted Provisions:
2120 8
2221 This bill:
2322 9
2423 ▸ defines terms;
2524 10
26-▸ prohibits a foreign national from making or attempting to make a contribution or an
25+▸ prohibits a foreign national from making a contribution, an expenditure for certain
2726 11
28-independent expenditure for a political purpose;
27+purposes, or an independent expenditure;
2928 12
30-▸ prohibits a candidate, officeholder, or entity subject to campaign finance reporting
29+▸ for an individual or entity subject to campaign finance reporting requirements, prohibits
3130 13
32-requirements from knowingly soliciting, accepting, or receiving a contribution from a
31+the individual or entity from knowingly soliciting, accepting, or receiving a contribution
3332 14
34-foreign national;
33+from a foreign national;
3534 15
36-▸ requires a candidate, officeholder, or entity that receives contributions to annually certify
35+▸ requires an individual or entity described above that receives a contribution from a
3736 16
38-to the lieutenant governor that the candidate, officeholder, or entity did not knowingly
37+foreign national to:
3938 17
40-accept a contribution from a foreign national;
39+● notify the lieutenant governor; and
4140 18
42-▸ requires each corporation or labor organization subject to campaign finance reporting
41+● disperse the value of the contribution into the state's General Fund;
4342 19
44-requirements to certify that the corporation or labor organization is not a foreign national;
43+▸ prohibits any person from aiding or facilitating a violation of the prohibition described
4544 20
46-▸ requires a candidate, officeholder, or entity that receives a contribution from a foreign
45+above;
4746 21
48-national to:
47+▸ establishes a criminal penalty for a person who violates the provisions described above;
4948 22
50-● immediately notify the lieutenant governor;
49+and
5150 23
52-● return the contribution to the foreign national; and
51+▸ requires the lieutenant governor to impose a civil penalty against a foreign national that
5352 24
54-● if the foreign national refuses to accept the return of the contribution, disperse the
53+makes a contribution, expenditure, or independent expenditure.
5554 25
56-value of the contribution into the state's General Fund
55+Money Appropriated in this Bill:
5756 26
58-▸ prohibits any person from aiding or facilitating a violation of the prohibitions described
57+None
5958 27
60-above;
59+Other Special Clauses:
6160 28
62-▸ establishes a criminal penalty for a person who violates the provisions described above;
63-1st Sub. H.B. 393 1st Sub. (Buff) H.B. 393 02-20 16:08
61+None
6462 29
65-▸ requires the lieutenant governor to impose a civil penalty against a foreign national that
63+Utah Code Sections Affected:
6664 30
67-makes a contribution or independent expenditure; and
65+ENACTS:
66+ H.B. 393 H.B. 393 02-03 14:24
6867 31
69-▸ makes technical and conforming changes.
68+20A-11-1801, Utah Code Annotated 1953
7069 32
71-Money Appropriated in this Bill:
70+20A-11-1802, Utah Code Annotated 1953
7271 33
73-None
72+
7473 34
75-Other Special Clauses:
74+Be it enacted by the Legislature of the state of Utah:
7675 35
77-None
76+Section 1. Section 20A-11-1801 is enacted to read:
7877 36
79-Utah Code Sections Affected:
80-37
81-AMENDS:
82-38
83-20A-11-203, as last amended by Laws of Utah 2019, Chapter 74
84-39
85-20A-11-302, as last amended by Laws of Utah 2019, Chapter 74
86-40
87-20A-11-401, as last amended by Laws of Utah 2018, Chapter 83
88-41
89-20A-11-506, as last amended by Laws of Utah 2019, Chapter 74
90-42
91-20A-11-510, as last amended by Laws of Utah 2019, Chapter 74
92-43
93-20A-11-602, as last amended by Laws of Utah 2019, Chapters 74, 116
94-44
95-20A-11-702, as last amended by Laws of Utah 2017, Chapter 276
96-45
97-20A-11-802, as last amended by Laws of Utah 2023, Chapter 116
98-46
99-20A-11-1302, as last amended by Laws of Utah 2019, Chapter 74
100-47
101-20A-11-1502, as last amended by Laws of Utah 2018, Chapter 83
102-48
103-ENACTS:
104-49
105-20A-11-1801, Utah Code Annotated 1953
106-50
107-20A-11-1802, Utah Code Annotated 1953
108-51
109-
110-52
111-Be it enacted by the Legislature of the state of Utah:
112-53
113-Section 1. Section 20A-11-203 is amended to read:
114-54
115-20A-11-203 . State office candidate -- Financial reporting requirements --
116-55
117-Year-end summary report.
118-56
119-(1)(a) Each state office candidate shall file a summary report by January 10 of the year
120-57
121-after the regular general election year.
122-58
123-(b) In addition to the requirements of Subsection (1)(a), a former state office candidate
124-59
125-that has not filed the statement of dissolution and final summary report required
126-60
127-under Section 20A-11-205 shall continue to file a summary report on January 10 of
128-61
129-each year.
130-62
131-(2)(a) Each summary report shall include the following information as of December 31
132-- 2 - 02-20 16:08 1st Sub. (Buff) H.B. 393
133-63
134-of the previous year:
135-64
136-(i) the net balance of the last financial statement, if any;
137-65
138-(ii) a single figure equal to the total amount of receipts reported on all interim reports,
139-66
140-if any;
141-67
142-(iii) a single figure equal to the total amount of expenditures reported on all interim
143-68
144-reports, if any, filed during the previous year;
145-69
146-(iv) a detailed listing of each contribution received since the last summary report that
147-70
148-has not been reported in detail on an interim report;
149-71
150-(v) for each nonmonetary contribution:
151-72
152-(A) the fair market value of the contribution with that information provided by the
153-73
154-contributor; and
155-74
156-(B) a specific description of the contribution;
157-75
158-(vi) a detailed listing of each expenditure made since the last summary report that has
159-76
160-not been reported in detail on an interim report;
161-77
162-(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
163-78
164-(viii) a net balance for the year consisting of the net balance from the last summary
165-79
166-report, if any, plus all receipts minus all expenditures; and
167-80
168-(ix) the name of a political action committee for which the state office candidate is
169-81
170-designated as an officer who has primary decision-making authority under Section
171-82
172-20A-11-601.
173-83
174-(b) In preparing the report, all receipts and expenditures shall be reported as of
175-84
176-December 31 of the previous year.
177-85
178-(c) A check or negotiable instrument received by a state office candidate or a state office
179-86
180-candidate's personal campaign committee on or before December 31 of the previous
181-87
182-year shall be included in the summary report.
183-88
184-(3) An authorized member of the state office candidate's personal campaign committee or
185-89
186-the state office candidate shall certify in the summary report that, to the best of the
187-90
188-person's knowledge[,] :
189-91
190-(a) all receipts and all expenditures have been reported as of December 31 of the
191-92
192-previous year; [and]
193-93
194-(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
195-94
196-that] the report[.] ; and
197-95
198-(c) the state office candidate did not not knowingly accept a campaign contribution from
199-96
200-a foreign national, as those terms are defined in Section 20A-11-1801.
201-- 3 - 1st Sub. (Buff) H.B. 393 02-20 16:08
202-97
203-Section 2. Section 20A-11-302 is amended to read:
204-98
205-20A-11-302 . Legislative office candidate -- Financial reporting requirements --
206-99
207-Year-end summary report.
208-100
209-(1)(a) Each legislative office candidate shall file a summary report by January 10 of the
210-101
211-year after the regular general election year.
212-102
213-(b) In addition to the requirements of Subsection (1)(a), a former legislative office
214-103
215-candidate that has not filed the statement of dissolution and final summary report
216-104
217-required under Section 20A-11-304 shall continue to file a summary report on
218-105
219-January 10 of each year.
220-106
221-(2)(a) Each summary report shall include the following information as of December 31
222-107
223-of the previous year:
224-108
225-(i) the net balance of the last financial statement, if any;
226-109
227-(ii) a single figure equal to the total amount of receipts reported on all interim reports,
228-110
229-if any, during the calendar year in which the summary report is due;
230-111
231-(iii) a single figure equal to the total amount of expenditures reported on all interim
232-112
233-reports, if any, filed during the previous year;
234-113
235-(iv) a detailed listing of each contribution received since the last summary report that
236-114
237-has not been reported in detail on an interim report;
238-115
239-(v) for each nonmonetary contribution:
240-116
241-(A) the fair market value of the contribution with that information provided by the
242-117
243-contributor; and
244-118
245-(B) a specific description of the contribution;
246-119
247-(vi) a detailed listing of each expenditure made since the last summary report that has
248-120
249-not been reported in detail on an interim report;
250-121
251-(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
252-122
253-(viii) a net balance for the year consisting of the net balance from the last summary
254-123
255-report, if any, plus all receipts minus all expenditures; and
256-124
257-(ix) the name of a political action committee for which the legislative office
258-125
259-candidate is designated as an officer who has primary decision-making authority
260-126
261-under Section 20A-11-601.
262-127
263-(b) In preparing the report, all receipts and expenditures shall be reported as of
264-128
265-December 31 of the previous year.
266-129
267-(c) A check or negotiable instrument received by a legislative office candidate on or
268-130
269-before December 31 of the previous year shall be included in the summary report.
270-- 4 - 02-20 16:08 1st Sub. (Buff) H.B. 393
271-131
272-(3) The legislative office candidate shall certify in the summary report that to the best of the
273-132
274-legislative office candidate's knowledge[,] :
275-133
276-(a) all receipts and all expenditures have been reported as of December 31 of the
277-134
278-previous year; [and]
279-135
280-(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
281-136
282-that] the report[.] ; and
283-137
284-(c) the legislative office candidate did not knowingly accept a campaign contribution
285-138
286-from a foreign national, as those terms are defined in Section 20A-11-1801.
287-139
288-Section 3. Section 20A-11-401 is amended to read:
289-140
290-20A-11-401 . Officeholder financial reporting requirements -- Year-end
291-141
292-summary report -- Officeholder as a political action committee officer -- Anonymous
293-142
294-contribution or public service assistance.
295-143
296-(1)(a) Each officeholder shall file a summary report by January 10 of each year.
297-144
298-(b) An officeholder that is required to file a summary report both as an officeholder and
299-145
300-as a candidate for office under the requirements of this chapter may file a single
301-146
302-summary report as a candidate and an officeholder, provided that the combined report
303-147
304-meets the requirements of:
305-148
306-(i) this section; and
307-149
308-(ii) the section that provides the requirements for the summary report filed by the
309-150
310-officeholder in the officeholder's capacity of a candidate for office.
311-151
312-(2)(a) Each summary report shall include the following information as of December 31
313-152
314-of the previous year:
315-153
316-(i) the net balance of the last summary report, if any;
317-154
318-(ii) a single figure equal to the total amount of receipts received since the last
319-155
320-summary report, if any;
321-156
322-(iii) a single figure equal to the total amount of expenditures made since the last
323-157
324-summary report, if any;
325-158
326-(iv) a detailed listing of each contribution and public service assistance received since
327-159
328-the last summary report;
329-160
330-(v) for each nonmonetary contribution:
331-161
332-(A) the fair market value of the contribution with that information provided by the
333-162
334-contributor; and
335-163
336-(B) a specific description of the contribution;
337-164
338-(vi) a detailed listing of each expenditure made since the last summary report;
339-- 5 - 1st Sub. (Buff) H.B. 393 02-20 16:08
340-165
341-(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
342-166
343-(viii) a net balance for the year consisting of the net balance from the last summary
344-167
345-report plus all receipts minus all expenditures; and
346-168
347-(ix) the name of a political action committee for which the officeholder is designated
348-169
349-as an officer who has primary decision-making authority under Section
350-170
351-20A-11-601.
352-171
353-(b) In preparing the report, all receipts and expenditures shall be reported as of
354-172
355-December 31 of the previous year.
356-173
357-(3) The summary report shall contain a paragraph signed by the officeholder certifying that,
358-174
359-to the best of the officeholder's knowledge[,] :
360-175
361-(a) all receipts and all expenditures have been reported as of December 31 of the last
362-176
363-calendar year; [and]
364-177
365-(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
366-178
367-that] the report[.] ; and
368-179
369-(c) the officeholder did not knowingly accept a campaign contribution from a foreign
370-180
371-national, as those terms are defined in Section 20-11-1801.
372-181
373-(4) An officeholder may:
374-182
375-(a) receive public service assistance from a political action committee registered under
376-183
377-Section 20A-11-601; and
378-184
379-(b) be designated by a political action committee as an officer who has primary
380-185
381-decision-making authority as described in Section 20A-11-601.
382-186
383-(5) Within 31 days after receiving a contribution or public service assistance that is cash or
384-187
385-a negotiable instrument, exceeds $50, and is from an unknown source, an officeholder
386-188
387-shall disburse the amount of the contribution or public service assistance to:
388-189
389-(a) the treasurer of the state or a political subdivision for deposit into the state's or
390-190
391-political subdivision's general fund; or
392-191
393-(b) an organization that is exempt from federal income taxation under Section 501(c)(3),
394-192
395-Internal Revenue Code.
396-193
397-Section 4. Section 20A-11-506 is amended to read:
398-194
399-20A-11-506 . Political party financial reporting requirements -- Year-end
400-195
401-summary report.
402-196
403-(1) The party committee of each registered political party shall file a summary report by
404-197
405-January 10 of each year.
406-198
407-(2)(a) Each summary report shall include the following information as of December 31
408-- 6 - 02-20 16:08 1st Sub. (Buff) H.B. 393
409-199
410-of the previous year:
411-200
412-(i) the net balance of the last summary report, if any;
413-201
414-(ii) a single figure equal to the total amount of receipts reported on all interim reports,
415-202
416-if any, during the previous year;
417-203
418-(iii) a single figure equal to the total amount of expenditures reported on all interim
419-204
420-reports, if any, filed during the previous year;
421-205
422-(iv) a detailed listing of each contribution received since the last summary report that
423-206
424-has not been reported in detail on an interim report;
425-207
426-(v) for each nonmonetary contribution, the fair market value of the contribution;
427-208
428-(vi) a detailed listing of each expenditure made since the last summary report that has
429-209
430-not been reported in detail on an interim report;
431-210
432-(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
433-211
434-(viii) a net balance for the year consisting of the net balance from the last summary
435-212
436-report, if any, plus all receipts minus all expenditures.
437-213
438-(b)(i) For all individual contributions of $50 or less, a single aggregate figure may be
439-214
440-reported without separate detailed listings.
441-215
442-(ii) Two or more contributions from the same source that have an aggregate total of
443-216
444-more than $50 may not be reported in the aggregate, but shall be reported
445-217
446-separately.
447-218
448-(c) In preparing the report, all receipts and expenditures shall be reported as of
449-219
450-December 31 of the previous year.
451-220
452-(3) The summary report shall contain a paragraph signed by the treasurer of the party
453-221
454-committee certifying that, to the best of the treasurer's knowledge[,] :
455-222
456-(a) all receipts and all expenditures have been reported as of December 31 of the
457-223
458-previous year; [and]
459-224
460-(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
461-225
462-that] the report[.] ; and
463-226
464-(c) the party committee did not knowingly accept a campaign contribution from a
465-227
466-foreign national, as those terms are defined in Section 20-11-1801.
467-228
468-Section 5. Section 20A-11-510 is amended to read:
469-229
470-20A-11-510 . County political party financial reporting requirements -- Year-end
471-230
472-summary report.
473-231
474-(1) A county political party officer of a county political party that has received
475-232
476-contributions totaling at least $750, or disbursed expenditures totaling at least $750,
477-- 7 - 1st Sub. (Buff) H.B. 393 02-20 16:08
478-233
479-during a calendar year shall file a summary report by January 10 of the following year.
480-234
481-(2)(a) Each summary report shall include the following information as of December 31
482-235
483-of the previous year:
484-236
485-(i) the net balance of the last summary report, if any;
486-237
487-(ii) a single figure equal to the total amount of receipts reported on all interim reports,
488-238
489-if any, filed during the previous year;
490-239
491-(iii) a single figure equal to the total amount of expenditures reported on all interim
492-240
493-reports, if any, filed during the previous year;
494-241
495-(iv) a detailed listing of each contribution received since the last summary report that
496-242
497-has not been reported in detail on an interim report;
498-243
499-(v) for each nonmonetary contribution, the fair market value of the contribution;
500-244
501-(vi) a detailed listing of each expenditure made since the last summary report that has
502-245
503-not been reported in detail on an interim report;
504-246
505-(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
506-247
507-(viii) a net balance for the year consisting of the net balance from the last summary
508-248
509-report, if any, plus all receipts minus all expenditures.
510-249
511-(b)(i) For all individual contributions of $50 or less, a single aggregate figure may be
512-250
513-reported without separate detailed listings.
514-251
515-(ii) Two or more contributions from the same source that have an aggregate total of
516-252
517-more than $50 may not be reported in the aggregate, but shall be reported
518-253
519-separately.
520-254
521-(c) In preparing the report, all receipts and expenditures shall be reported as of
522-255
523-December 31 of the previous year.
524-256
525-(3) The county political party officer shall certify in the summary report that, to the best of
526-257
527-the officer's knowledge[,] :
528-258
529-(a) all receipts and all expenditures have been reported as of December 31 of the
530-259
531-previous year; [and]
532-260
533-(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in
534-261
535-that report[.] ; and
536-262
537-(c) the county political party did not knowingly accept a campaign contribution from a
538-263
539-foreign national, as those terms are defined in Section 20-11-1801.
540-264
541-Section 6. Section 20A-11-602 is amended to read:
542-265
543-20A-11-602 . Political action committees -- Financial reporting.
544-266
545-(1)(a) Each registered political action committee that has received contributions totaling
546-- 8 - 02-20 16:08 1st Sub. (Buff) H.B. 393
547-267
548-at least $750, or disbursed expenditures totaling at least $750, during a calendar year
549-268
550-shall file a verified financial statement with the lieutenant governor's office:
551-269
552-(i) on January 10, reporting contributions and expenditures as of December 31 of the
553-270
554-previous year;
555-271
556-(ii) seven days before the state political convention of each major political party;
557-272
558-(iii) seven days before the county political convention of a political party, if the
559-273
560-political action committee makes an expenditure on or before the day described in
561-274
562-Subsection (1)(b)(ii) in relation to a candidate that the party may nominate at the
563-275
564-convention;
565-276
566-(iv) seven days before the regular primary election date;
567-277
568-(v) on September 30; and
569-278
570-(vi) seven days before:
571-279
572-(A) the municipal general election; and
573-280
574-(B) the regular general election.
575-281
576-(b) The registered political action committee shall report:
577-282
578-(i) a detailed listing of all contributions received and expenditures made since the last
579-283
580-statement; and
581-284
582-(ii) for a financial statement described in Subsections (1)(a)(ii) through (v), all
583-285
584-contributions and expenditures as of five days before the required filing date of
585-286
586-the financial statement.
587-287
588-(c) The registered political action committee need not file a statement under this section
589-288
590-if it received no contributions and made no expenditures during the reporting period.
591-289
592-(2)(a) The verified financial statement shall include:
593-290
594-(i) the name and address of any individual who makes a contribution to the reporting
595-291
596-political action committee, if known, and the amount of the contribution;
597-292
598-(ii) the identification of any publicly identified class of individuals that makes a
599-293
600-contribution to the reporting political action committee, if known, and the amount
601-294
602-of the contribution;
603-295
604-(iii) the name and address of any political action committee, group, or entity, if
605-296
606-known, that makes a contribution to the reporting political action committee, and
607-297
608-the amount of the contribution;
609-298
610-(iv) for each nonmonetary contribution, the fair market value of the contribution;
611-299
612-(v) the name and address of each reporting entity that received an expenditure from
613-300
614-the reporting political action committee, and the amount of each expenditure;
615-- 9 - 1st Sub. (Buff) H.B. 393 02-20 16:08
616-301
617-(vi) for each nonmonetary expenditure, the fair market value of the expenditure;
618-302
619-(vii) the total amount of contributions received and expenditures disbursed by the
620-303
621-reporting political action committee;
622-304
623-(viii) a statement by the political action committee's treasurer or chief financial
624-305
625-officer certifying that, to the best of the person's knowledge[,] :
626-306
627-(A) the financial report is accurate; and
628-307
629-(B) the political action committee did not knowingly accept a campaign
630-308
631-contribution from a foreign national, as those terms are defined in Section
632-309
633-20-11-1801.
634-310
635-(ix) a summary page in the form required by the lieutenant governor that identifies:
636-311
637-(A) beginning balance;
638-312
639-(B) total contributions during the period since the last statement;
640-313
641-(C) total contributions to date;
642-314
643-(D) total expenditures during the period since the last statement; and
644-315
645-(E) total expenditures to date.
646-316
647-(b)(i) Contributions received by a political action committee that have a value of $50
648-317
649-or less need not be reported individually, but shall be listed on the report as an
650-318
651-aggregate total.
652-319
653-(ii) Two or more contributions from the same source that have an aggregate total of
654-320
655-more than $50 may not be reported in the aggregate, but shall be reported
656-321
657-separately.
658-322
659-(c) A political action committee is not required to report an independent expenditure
660-323
661-under Part 17, Independent Expenditures, if, in the financial statement described in
662-324
663-this section, the political action committee:
664-325
665-(i) includes the independent expenditure;
666-326
667-(ii) identifies the independent expenditure as an independent expenditure; and
668-327
669-(iii) provides the information, described in Section 20A-11-1704, in relation to the
670-328
671-independent expenditure.
672-329
673-(3) A group or entity may not divide or separate into units, sections, or smaller groups for
674-330
675-the purpose of avoiding the financial reporting requirements of this chapter, and
676-331
677-substance shall prevail over form in determining the scope or size of a political action
678-332
679-committee.
680-333
681-(4)(a) As used in this Subsection (4), "received" means:
682-334
683-(i) for a cash contribution, that the cash is given to a political action committee;
684-- 10 - 02-20 16:08 1st Sub. (Buff) H.B. 393
685-335
686-(ii) for a contribution that is a negotiable instrument or check, that the negotiable
687-336
688-instrument or check is negotiated; and
689-337
690-(iii) for any other type of contribution, that any portion of the contribution's benefit
691-338
692-inures to the political action committee.
693-339
694-(b) A political action committee shall report each contribution to the lieutenant governor
695-340
696-within 31 days after the contribution is received.
697-341
698-(5) A political action committee may not expend a contribution for political purposes if the
699-342
700-contribution:
701-343
702-(a) is cash or a negotiable instrument;
703-344
704-(b) exceeds $50; and
705-345
706-(c) is from an unknown source.
707-346
708-(6) Within 31 days after receiving a contribution that is cash or a negotiable instrument,
709-347
710-exceeds $50, and is from an unknown source, a political action committee shall disburse
711-348
712-the amount of the contribution to:
713-349
714-(a) the treasurer of the state or a political subdivision for deposit into the state's or
715-350
716-political subdivision's general fund; or
717-351
718-(b) an organization that is exempt from federal income taxation under Section 501(c)(3),
719-352
720-Internal Revenue Code.
721-353
722-Section 7. Section 20A-11-702 is amended to read:
723-354
724-20A-11-702 . Campaign financial reporting of political issues expenditures by
725-355
726-corporations -- Financial reporting.
727-356
728-(1)(a) Each corporation that has made political issues expenditures on current or
729-357
730-proposed ballot issues that total at least $750 during a calendar year shall file a
731-358
732-verified financial statement with the lieutenant governor's office:
733-359
734-(i) on January 10, reporting expenditures as of December 31 of the previous year;
735-360
736-(ii) seven days before the state political convention of each major political party;
737-361
738-(iii) seven days before the regular primary election date;
739-362
740-(iv) on September 30; and
741-363
742-(v) seven days before the regular general election date.
743-364
744-(b) The corporation shall report:
745-365
746-(i) a detailed listing of all expenditures made since the last financial statement; and
747-366
748-(ii) for a financial statement described in Subsections (1)(a)(ii) through (v),
749-367
750-expenditures as of five days before the required filing date of the financial
751-368
752-statement.
753-- 11 - 1st Sub. (Buff) H.B. 393 02-20 16:08
754-369
755-(c) The corporation need not file a statement under this section if it made no
756-370
757-expenditures during the reporting period.
758-371
759-(2) That statement shall include:
760-372
761-(a) the name and address of each individual, entity, or group of individuals or entities
762-373
763-that received a political issues expenditure of more than $50 from the corporation,
764-374
765-and the amount of each political issues expenditure;
766-375
767-(b) the total amount of political issues expenditures disbursed by the corporation; and
768-376
769-(c) a statement by the corporation's treasurer or chief financial officer certifying:
770-377
771-(i) the accuracy of the verified financial statement[.] ; and
772-378
773-(ii) that the corporation is not a foreign national, as that term is defined in Section
774-379
775-20A-11-1801.
776-380
777-Section 8. Section 20A-11-802 is amended to read:
778-381
779-20A-11-802 . Political issues committees -- Financial reporting.
780-382
781-(1)(a) Each registered political issues committee that has received political issues
782-383
783-contributions totaling at least $750, or disbursed political issues expenditures totaling
784-384
785-at least $750, during a calendar year, shall file a verified financial statement with the
786-385
787-lieutenant governor's office:
788-386
789-(i) on January 10, reporting contributions and expenditures as of December 31 of the
790-387
791-previous year;
792-388
793-(ii) seven days before the state political convention of each major political party;
794-389
795-(iii) seven days before the regular primary election date;
796-390
797-(iv) seven days before the date of an incorporation election, if the political issues
798-391
799-committee has received or expended funds to affect an incorporation;
800-392
801-(v) at least three days before the first public hearing held as required by Section
802-393
803-20A-7-204.1;
804-394
805-(vi) if the political issues committee has received or expended funds in relation to an
806-395
807-initiative or referendum, five days before the deadline for the initiative or
808-396
809-referendum sponsors to submit:
810-397
811-(A) the verified and certified initiative packets under Section 20A-7-105; or
812-398
813-(B) the signed and verified referendum packets under Section 20A-7-105;
814-399
815-(vii) on September 30; and
816-400
817-(viii) seven days before:
818-401
819-(A) the municipal general election; and
820-402
821-(B) the regular general election.
822-- 12 - 02-20 16:08 1st Sub. (Buff) H.B. 393
823-403
824-(b) The political issues committee shall report:
825-404
826-(i) a detailed listing of all contributions received and expenditures made since the last
827-405
828-statement; and
829-406
830-(ii) all contributions and expenditures as of five days before the required filing date
831-407
832-of the financial statement, except for a financial statement filed on January 10.
833-408
834-(c) The political issues committee need not file a statement under this section if it
835-409
836-received no contributions and made no expenditures during the reporting period.
837-410
838-(2)(a) That statement shall include:
839-411
840-(i) the name and address, if known, of any individual who makes a political issues
841-412
842-contribution to the reporting political issues committee, and the amount of the
843-413
844-political issues contribution;
845-414
846-(ii) the identification of any publicly identified class of individuals that makes a
847-415
848-political issues contribution to the reporting political issues committee, and the
849-416
850-amount of the political issues contribution;
851-417
852-(iii) the name and address, if known, of any political issues committee, group, or
853-418
854-entity that makes a political issues contribution to the reporting political issues
855-419
856-committee, and the amount of the political issues contribution;
857-420
858-(iv) the name and address of each reporting entity that makes a political issues
859-421
860-contribution to the reporting political issues committee, and the amount of the
861-422
862-political issues contribution;
863-423
864-(v) for each nonmonetary contribution, the fair market value of the contribution;
865-424
866-(vi) except as provided in Subsection (2)(c), the name and address of each individual,
867-425
868-entity, or group of individuals or entities that received a political issues
869-426
870-expenditure of more than $50 from the reporting political issues committee, and
871-427
872-the amount of each political issues expenditure;
873-428
874-(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
875-429
876-(viii) the total amount of political issues contributions received and political issues
877-430
878-expenditures disbursed by the reporting political issues committee;
879-431
880-(ix) a statement by the political issues committee's treasurer or chief financial officer
881-432
882-certifying that, to the best of the person's knowledge[,] :
883-433
884-(A) the financial statement is accurate; and
885-434
886-(B) the political issues committee did not knowingly accept a political issues
887-435
888-contribution from a foreign national, as that term is defined in Section
889-436
890-20-11-1801.
891-- 13 - 1st Sub. (Buff) H.B. 393 02-20 16:08
892-437
893-(x) a summary page in the form required by the lieutenant governor that identifies:
894-438
895-(A) beginning balance;
896-439
897-(B) total contributions during the period since the last statement;
898-440
899-(C) total contributions to date;
900-441
901-(D) total expenditures during the period since the last statement; and
902-442
903-(E) total expenditures to date.
904-443
905-(b)(i) Political issues contributions received by a political issues committee that have
906-444
907-a value of $50 or less need not be reported individually, but shall be listed on the
908-445
909-report as an aggregate total.
910-446
911-(ii) Two or more political issues contributions from the same source that have an
912-447
913-aggregate total of more than $50 may not be reported in the aggregate, but shall be
914-448
915-reported separately.
916-449
917-(c) When reporting political issue expenditures made to circulators of initiative petitions,
918-450
919-the political issues committee:
920-451
921-(i) need only report the amount paid to each initiative petition circulator; and
922-452
923-(ii) need not report the name or address of the circulator.
924-453
925-(3)(a) As used in this Subsection (3), "received" means:
926-454
927-(i) for a cash contribution, that the cash is given to a political issues committee;
928-455
929-(ii) for a contribution that is a negotiable instrument or check, that the negotiable
930-456
931-instrument or check is negotiated; and
932-457
933-(iii) for any other type of contribution, that any portion of the contribution's benefit
934-458
935-inures to the political issues committee.
936-459
937-(b) A political issues committee shall report each contribution to the lieutenant governor
938-460
939-within 31 days after the contribution is received.
940-461
941-(4) A political issues committee may not expend a contribution for a political issues
942-462
943-expenditure if the contribution:
944-463
945-(a) is cash or a negotiable instrument;
946-464
947-(b) exceeds $50; and
948-465
949-(c) is from an unknown source.
950-466
951-(5) Within 31 days after receiving a contribution that is cash or a negotiable instrument,
952-467
953-exceeds $50, and is from an unknown source, a political issues committee shall disburse
954-468
955-the amount of the contribution to:
956-469
957-(a) the treasurer of the state or a political subdivision for deposit into the state's or
958-470
959-political subdivision's general fund; or
960-- 14 - 02-20 16:08 1st Sub. (Buff) H.B. 393
961-471
962-(b) an organization that is exempt from federal income taxation under Section 501(c)(3),
963-472
964-Internal Revenue Code.
965-473
966-Section 9. Section 20A-11-1302 is amended to read:
967-474
968-20A-11-1302 . School board office candidate -- Financial reporting requirements
969-475
970--- Year-end summary report.
971-476
972-(1)(a) Each school board office candidate shall file a summary report by January 10 of
973-477
974-the year after the regular general election year.
975-478
976-(b) In addition to the requirements of Subsection (1)(a), a former school board office
977-479
978-candidate that has not filed the statement of dissolution and final summary report
979-480
980-required under Section 20A-11-1304 shall continue to file a summary report on
981-481
982-January 10 of each year.
983-482
984-(2)(a) Each summary report shall include the following information as of December 31
985-483
986-of the previous year:
987-484
988-(i) the net balance of the last financial statement, if any;
989-485
990-(ii) a single figure equal to the total amount of receipts reported on all interim reports,
991-486
992-if any, during the previous year;
993-487
994-(iii) a single figure equal to the total amount of expenditures reported on all interim
995-488
996-reports, if any, filed during the previous year;
997-489
998-(iv) a detailed listing of each contribution received since the last summary report that
999-490
1000-has not been reported in detail on an interim report;
1001-491
1002-(v) for each nonmonetary contribution:
1003-492
1004-(A) the fair market value of the contribution with that information provided by the
1005-493
1006-contributor; and
1007-494
1008-(B) a specific description of the contribution;
1009-495
1010-(vi) a detailed listing of each expenditure made since the last summary report that has
1011-496
1012-not been reported in detail on an interim report;
1013-497
1014-(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1015-498
1016-(viii) a net balance for the year consisting of the net balance from the last summary
1017-499
1018-report, if any, plus all receipts minus all expenditures; and
1019-500
1020-(ix) the name of a political action committee for which the school board office
1021-501
1022-candidate is designated as an officer who has primary decision-making authority
1023-502
1024-under Section 20A-11-601.
1025-503
1026-(b) In preparing the report, all receipts and expenditures shall be reported as of
1027-504
1028-December 31 of the previous year.
1029-- 15 - 1st Sub. (Buff) H.B. 393 02-20 16:08
1030-505
1031-(c) A check or negotiable instrument received by a school board office candidate on or
1032-506
1033-before December 31 of the previous year shall be included in the summary report.
1034-507
1035-(3) The school board office candidate shall certify in the summary report that, to the best of
1036-508
1037-the school board office candidate's knowledge[,] :
1038-509
1039-(a) all receipts and all expenditures have been reported as of December 31 of the
1040-510
1041-previous year; [and]
1042-511
1043-(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
1044-512
1045-that report.] the report; and
1046-513
1047-(c) the school board office candidate did not knowingly accept a campaign contribution
1048-514
1049-from a foreign national, as those terms are defined in Section 20-11-1801.
1050-515
1051-Section 10. Section 20A-11-1502 is amended to read:
1052-516
1053-20A-11-1502 . Campaign financial reporting of expenditures -- Filing
1054-517
1055-requirements -- Statement contents.
1056-518
1057-(1)(a) Each labor organization that has made expenditures for political purposes or
1058-519
1059-political issues expenditures on current or proposed ballot issues that total at least
1060-520
1061-$750 during a calendar year shall file a verified financial statement with the
1062-521
1063-lieutenant governor's office:
1064-522
1065-(i) on January 10, reporting expenditures as of December 31 of the previous year;
1066-523
1067-(ii) seven days before the regular primary election date;
1068-524
1069-(iii) on September 30; and
1070-525
1071-(iv) seven days before the regular general election date.
1072-526
1073-(b) The labor organization shall report:
1074-527
1075-(i) a detailed listing of all expenditures made since the last statement; and
1076-528
1077-(ii) for a financial statement described in Subsections (1)(a)(ii) through (iv), all
1078-529
1079-expenditures as of five days before the required filing date of the financial
1080-530
1081-statement.
1082-531
1083-(c) The labor organization is not required to file a financial statement under this section
1084-532
1085-if the labor organization:
1086-533
1087-(i) made no expenditures during the reporting period; or
1088-534
1089-(ii) reports the labor organization's expenditures during the reporting period under
1090-535
1091-another part of this chapter.
1092-536
1093-(2) The financial statement shall include:
1094-537
1095-(a) the name and address of each reporting entity that received an expenditure or
1096-538
1097-political issues expenditure of more than $50 from the labor organization, and the
1098-- 16 - 02-20 16:08 1st Sub. (Buff) H.B. 393
1099-539
1100-amount of each expenditure or political issues expenditure;
1101-540
1102-(b) the total amount of expenditures disbursed by the labor organization; and
1103-541
1104-(c) a statement by the labor organization's treasurer or chief financial officer certifying:
1105-542
1106-(i) the accuracy of the financial statement[.] ; and
1107-543
1108-(ii) that the labor organization is not a foreign national, as that term is defined in
1109-544
1110-Section 20A-11-1801.
1111-545
1112-Section 11. Section 20A-11-1801 is enacted to read:
1113-546
111478
111579 Part 18. Foreign Nationals
1116-547
80+37
111781 20A-11-1801 . Definitions.
1118-548
82+38
111983 As used in this part:
1120-549
1121-(1) "Campaign contribution" means any of the following when done for a political purpose,
1122-550
1123-to advocate for or against a ballot proposition, or to influence a proposed initiative or a
1124-551
1125-proposed referendum:
1126-552
1127-(a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
1128-553
1129-given to a filing entity;
1130-554
1131-(b) an express, legally enforceable contract, promise, or agreement to make a gift,
1132-555
1133-subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or
1134-556
1135-anything of value to a filing entity;
1136-557
1137-(c) any transfer of funds from a foreign national to a filing entity;
1138-558
1139-(d) compensation paid by a foreign national for personal services provided without
1140-559
1141-charge to the filing entity;
1142-560
1143-(e) renumeration from:
1144-561
1145-(i) any organization or the organization's directly affiliated organization that has a
1146-562
1147-registered lobbyist; or
1148-563
1149-(ii) any agency or subdivision of the state, including a school district; or
1150-564
1151-(f) an in-kind contribution.
1152-565
1153-(2) "Foreign government" means any government other than the government of:
1154-566
84+39
85+(1) "Campaign contribution" means the same as that term is defined in Section 20A-11-1202.
86+40
87+(2) "Expenditure" means:
88+41
89+(a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
90+42
91+anything of value;
92+43
93+(b) an express, legally enforceable contract, promise, or agreement to make any
94+44
95+purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
96+45
97+anything of value;
98+46
99+(c) a transfer of funds between a foreign national and a candidate's personal campaign
100+47
101+committee;
102+48
103+(d) a transfer of funds between a foreign national and a political issues committee; or
104+49
105+(e) goods or services provided to or for the benefit of a candidate, a candidate's personal
106+50
107+campaign committee, or a political issues committee for a political purpose at less
108+51
109+than fair market value.
110+52
111+(3) "Foreign government" means any government other than the government of:
112+53
1155113 (a) the United States;
1156-567
114+54
1157115 (b) a state within the United States;
1158-568
116+55
1159117 (c) a territory or possession of the United States; or
1160-569
118+56
1161119 (d) a political subdivision of the United States.
1162-570
1163-(3) "Foreign government-owned entity" means:
1164-571
1165-(a) a corporation or any other business organization in which a foreign government
1166-572
1167-owns, holds, or controls 50% or more of the corporation's or business organization's
1168-- 17 - 1st Sub. (Buff) H.B. 393 02-20 16:08
1169-573
1170-equity, voting shares, membership units, or other applicable ownership interest; or
1171-574
120+57
121+(4) "Foreign government-owned entity" means:
122+58
123+(a) a corporation or other business organization in which a foreign government owns,
124+59
125+holds, or controls 50% or more of the corporation's or business organization's equity,
126+60
127+voting shares, membership units, or other applicable ownership interest; or
128+61
1172129 (b) a restricted foreign entity.
1173-575
1174-(4) "Foreign national" means:
1175-576
130+62
131+(5) "Foreign national" means:
132+63
1176133 (a) and individual who is not:
1177-577
1178-(i) a citizen of the United States;
1179-578
1180-(ii) a national of the United States, as defined in 8 U.S.C. Sec. 1101(a)(22)(B); or
1181-579
1182-(iii) lawfully admitted for permanent residence, as defined in 8 U.S.C. Sec.
1183-580
1184-1101(a)(20);
1185-581
134+64
135+(i) a United States citizen; or
136+- 2 - 02-03 14:24 H.B. 393
137+65
138+(ii) a United States national under the Immigration and Nationality Act, 8 U.S.C. Sec.
139+66
140+1101 et seq.;
141+67
1186142 (b) a foreign government;
1187-582
143+68
1188144 (c) a foreign government-owned entity; or
1189-583
145+69
1190146 (d) a restricted foreign entity.
1191-584
1192-(5) "Independent expenditure" means the same as that term is defined in Section
1193-585
147+70
148+(6) "Independent expenditure" means the same as that term is defined in Section
149+71
1194150 20A-11-1702.
1195-586
1196-(6) "Indirectly" includes making a campaign contribution or political issues contribution
1197-587
1198-intended for a filing entity through one or more other persons.
1199-588
151+72
1200152 (7) "Political purpose" means an act done with the intent or in a way to influence or intend
1201-589
153+73
1202154 to influence, directly or indirectly, any person to refrain from voting or to vote for or
1203-590
155+74
1204156 against:
1205-591
157+75
1206158 (a) a candidate for public office at any caucus, political convention, primary, or election;
1207-592
159+76
1208160 or
1209-593
161+77
1210162 (b) a judge standing for retention at any election.
1211-594
163+78
1212164 (8) "Proposed initiative" means an initiative proposed in an application filed under Section
1213-595
165+79
1214166 20A-7-202 or 20A-7-502.
1215-596
167+80
1216168 (9) "Proposed referendum" means a referendum proposed in an application filed under
1217-597
169+81
1218170 Section 20A-7-302 or 20A-7-602.
1219-598
171+82
1220172 (10) "Restricted foreign entity" means the same as that term is defined in Subsection
1221-599
173+83
1222174 63G-6a-121(1)(c).
1223-600
1224-Section 12. Section 20A-11-1802 is enacted to read:
1225-601
175+84
176+Section 2. Section 20A-11-1802 is enacted to read:
177+85
1226178 20A-11-1802 . Campaign financing by foreign national prohibited -- Penalties.
1227-602
1228-(1) A foreign national may not make or attempt to make, directly or indirectly, any of the
1229-603
1230-following:
1231-604
179+86
180+(1) A foreign national may not make, directly or indirectly, any of the following:
181+87
1232182 (a) a campaign contribution;
1233-605
1234-(b) a political issues contribution; or
1235-606
1236-(c) an independent expenditure.
1237-- 18 - 02-20 16:08 1st Sub. (Buff) H.B. 393
1238-607
183+88
184+(b) a political issues contribution;
185+89
186+(c) an expenditure for a political purpose, to influence a ballot proposition, or to
187+90
188+influence a proposed initiative or proposed referendum; or
189+91
190+(d) an independent expenditure.
191+92
1239192 (2)(a) A filing entity may not knowingly solicit, accept, or receive a campaign
1240-608
193+93
1241194 contribution or political issues contribution from a foreign national.
1242-609
195+94
1243196 (b) A person may not knowingly aid or facilitate a violation of Subsection (1).
1244-610
1245-(3)(a) A filing entity that believes or has reason to believe that the filing entity received
1246-611
1247-a campaign contribution or political issues contribution from a foreign national shall:
1248-612
1249-(i) immediately notify the lieutenant governor; and
1250-613
1251-(ii) return the campaign contribution or political issues contribution, or, for an in-kind
1252-614
1253-contribution, the reasonable value of the campaign contribution or political issues
1254-615
1255-contribution, in dollars, to the foreign national.
1256-616
1257-(b) If a foreign national refuses to accept the return of a campaign contribution or
1258-617
1259-political issues contribution under Subsection (3)(a)(ii), the filing entity shall disperse
1260-618
1261-the campaign contribution or political issues contribution into the General Fund.
1262-619
197+95
198+(3) A filing entity that believes or has reason to believe that the filing entity received a
199+96
200+campaign contribution or political issues contribution from a foreign national shall:
201+97
202+(a) immediately notify the lieutenant governor; and
203+98
204+(b) disperse the amount of the campaign contribution or political issues contribution, or,
205+- 3 - H.B. 393 02-03 14:24
206+99
207+for an in-kind contribution, the reasonable value of the campaign contribution or
208+100
209+political issues contribution, in dollars, to the treasurer of the state for deposit into the
210+101
211+General Fund.
212+102
1263213 (4)(a) A person who violates this section is guilty of a class B misdemeanor.
1264-620
214+103
1265215 (b) The lieutenant governor shall report all violations of this section to the attorney
1266-621
216+104
1267217 general.
1268-622
218+105
1269219 (5)(a) In addition to the criminal penalty described in Subsection (4)(a), the lieutenant
1270-623
220+106
1271221 governor shall impose a civil fine against a foreign national that violates Subsection
1272-624
222+107
1273223 (1) in an amount that is the greater of:
1274-625
224+108
1275225 (i) for a foreign national that is an individual:
1276-626
226+109
1277227 (A) $500; or
1278-627
228+110
1279229 (B) double the amount of the campaign contribution, political issues contribution,
1280-628
1281-or independent expenditure that constitutes the violation; or
1282-629
230+111
231+expenditure, or independent expenditure that constitutes the violation; or
232+112
1283233 (ii) for a foreign national that is not an individual:
1284-630
234+113
1285235 (A) $1,000; or
1286-631
236+114
1287237 (B) triple the amount of the campaign contribution, political issues contribution,
1288-632
1289-or independent expenditure that constitutes the violation.
1290-633
238+115
239+expenditure, or independent expenditure that constitutes the violation.
240+116
1291241 (b) The lieutenant governor shall deposit a fine collected under Subsection (5)(a) into
1292-634
242+117
1293243 the General Fund.
1294-635
1295-Section 13. Effective Date.
1296-636
244+118
245+Section 3. Effective Date.
246+119
1297247 This bill takes effect on May 7, 2025.
1298-- 19 -
248+- 4 -