02-20 16:08 1st Sub. (Buff) H.B. 393
Candice B. Pierucci proposes the following substitute bill:
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Banning Foreign Funding in Ballot Propositions and Elections
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: Daniel McCay
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LONG TITLE
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General Description:
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This bill establishes provisions related to foreign financial influence in ballot propositions
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and elections.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ prohibits a foreign national from making or attempting to make a contribution or an
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independent expenditure for a political purpose;
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▸ prohibits a candidate, officeholder, or entity subject to campaign finance reporting
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requirements from knowingly soliciting, accepting, or receiving a contribution from a
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foreign national;
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▸ requires a candidate, officeholder, or entity that receives contributions to annually certify
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to the lieutenant governor that the candidate, officeholder, or entity did not knowingly
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accept a contribution from a foreign national;
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▸ requires each corporation or labor organization subject to campaign finance reporting
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requirements to certify that the corporation or labor organization is not a foreign national;
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▸ requires a candidate, officeholder, or entity that receives a contribution from a foreign
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national to:
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● immediately notify the lieutenant governor;
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● return the contribution to the foreign national; and
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● if the foreign national refuses to accept the return of the contribution, disperse the
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value of the contribution into the state's General Fund
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▸ prohibits any person from aiding or facilitating a violation of the prohibitions described
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above;
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▸ establishes a criminal penalty for a person who violates the provisions described above;
1st Sub. H.B. 393 1st Sub. (Buff) H.B. 393 02-20 16:08
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▸ requires the lieutenant governor to impose a civil penalty against a foreign national that
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makes a contribution or independent expenditure; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-11-203, as last amended by Laws of Utah 2019, Chapter 74
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20A-11-302, as last amended by Laws of Utah 2019, Chapter 74
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20A-11-401, as last amended by Laws of Utah 2018, Chapter 83
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20A-11-506, as last amended by Laws of Utah 2019, Chapter 74
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20A-11-510, as last amended by Laws of Utah 2019, Chapter 74
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20A-11-602, as last amended by Laws of Utah 2019, Chapters 74, 116
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20A-11-702, as last amended by Laws of Utah 2017, Chapter 276
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20A-11-802, as last amended by Laws of Utah 2023, Chapter 116
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20A-11-1302, as last amended by Laws of Utah 2019, Chapter 74
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20A-11-1502, as last amended by Laws of Utah 2018, Chapter 83
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ENACTS:
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20A-11-1801, Utah Code Annotated 1953
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20A-11-1802, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-11-203 is amended to read:
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20A-11-203 . State office candidate -- Financial reporting requirements --
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Year-end summary report.
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(1)(a) Each state office candidate shall file a summary report by January 10 of the year
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after the regular general election year.
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(b) In addition to the requirements of Subsection (1)(a), a former state office candidate
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that has not filed the statement of dissolution and final summary report required
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under Section 20A-11-205 shall continue to file a summary report on January 10 of
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each year.
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(2)(a) Each summary report shall include the following information as of December 31
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of the previous year:
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(i) the net balance of the last financial statement, if any;
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(ii) a single figure equal to the total amount of receipts reported on all interim reports,
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if any;
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(iii) a single figure equal to the total amount of expenditures reported on all interim
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reports, if any, filed during the previous year;
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(iv) a detailed listing of each contribution received since the last summary report that
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has not been reported in detail on an interim report;
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(v) for each nonmonetary contribution:
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(A) the fair market value of the contribution with that information provided by the
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contributor; and
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(B) a specific description of the contribution;
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(vi) a detailed listing of each expenditure made since the last summary report that has
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not been reported in detail on an interim report;
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(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
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(viii) a net balance for the year consisting of the net balance from the last summary
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report, if any, plus all receipts minus all expenditures; and
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(ix) the name of a political action committee for which the state office candidate is
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designated as an officer who has primary decision-making authority under Section
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20A-11-601.
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(b) In preparing the report, all receipts and expenditures shall be reported as of
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December 31 of the previous year.
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(c) A check or negotiable instrument received by a state office candidate or a state office
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candidate's personal campaign committee on or before December 31 of the previous
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year shall be included in the summary report.
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(3) An authorized member of the state office candidate's personal campaign committee or
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the state office candidate shall certify in the summary report that, to the best of the
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person's knowledge[,] :
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(a) all receipts and all expenditures have been reported as of December 31 of the
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previous year; [and]
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(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
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that] the report[.] ; and
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(c) the state office candidate did not not knowingly accept a campaign contribution from
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a foreign national, as those terms are defined in Section 20A-11-1801.
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Section 2. Section 20A-11-302 is amended to read:
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20A-11-302 . Legislative office candidate -- Financial reporting requirements --
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Year-end summary report.
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(1)(a) Each legislative office candidate shall file a summary report by January 10 of the
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year after the regular general election year.
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(b) In addition to the requirements of Subsection (1)(a), a former legislative office
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candidate that has not filed the statement of dissolution and final summary report
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required under Section 20A-11-304 shall continue to file a summary report on
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January 10 of each year.
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(2)(a) Each summary report shall include the following information as of December 31
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of the previous year:
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(i) the net balance of the last financial statement, if any;
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(ii) a single figure equal to the total amount of receipts reported on all interim reports,
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if any, during the calendar year in which the summary report is due;
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(iii) a single figure equal to the total amount of expenditures reported on all interim
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reports, if any, filed during the previous year;
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(iv) a detailed listing of each contribution received since the last summary report that
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has not been reported in detail on an interim report;
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(v) for each nonmonetary contribution:
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(A) the fair market value of the contribution with that information provided by the
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contributor; and
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(B) a specific description of the contribution;
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(vi) a detailed listing of each expenditure made since the last summary report that has
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not been reported in detail on an interim report;
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(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
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(viii) a net balance for the year consisting of the net balance from the last summary
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report, if any, plus all receipts minus all expenditures; and
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(ix) the name of a political action committee for which the legislative office
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candidate is designated as an officer who has primary decision-making authority
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under Section 20A-11-601.
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(b) In preparing the report, all receipts and expenditures shall be reported as of
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December 31 of the previous year.
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(c) A check or negotiable instrument received by a legislative office candidate on or
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before December 31 of the previous year shall be included in the summary report.
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(3) The legislative office candidate shall certify in the summary report that to the best of the
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legislative office candidate's knowledge[,] :
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(a) all receipts and all expenditures have been reported as of December 31 of the
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previous year; [and]
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(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
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that] the report[.] ; and
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(c) the legislative office candidate did not knowingly accept a campaign contribution
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from a foreign national, as those terms are defined in Section 20A-11-1801.
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Section 3. Section 20A-11-401 is amended to read:
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20A-11-401 . Officeholder financial reporting requirements -- Year-end
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summary report -- Officeholder as a political action committee officer -- Anonymous
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contribution or public service assistance.
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(1)(a) Each officeholder shall file a summary report by January 10 of each year.
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(b) An officeholder that is required to file a summary report both as an officeholder and
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as a candidate for office under the requirements of this chapter may file a single
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summary report as a candidate and an officeholder, provided that the combined report
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meets the requirements of:
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(i) this section; and
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(ii) the section that provides the requirements for the summary report filed by the
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officeholder in the officeholder's capacity of a candidate for office.
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(2)(a) Each summary report shall include the following information as of December 31
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of the previous year:
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(i) the net balance of the last summary report, if any;
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(ii) a single figure equal to the total amount of receipts received since the last
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summary report, if any;
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(iii) a single figure equal to the total amount of expenditures made since the last
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summary report, if any;
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(iv) a detailed listing of each contribution and public service assistance received since
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the last summary report;
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(v) for each nonmonetary contribution:
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(A) the fair market value of the contribution with that information provided by the
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contributor; and
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(B) a specific description of the contribution;
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(vi) a detailed listing of each expenditure made since the last summary report;
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(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
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(viii) a net balance for the year consisting of the net balance from the last summary
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report plus all receipts minus all expenditures; and
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(ix) the name of a political action committee for which the officeholder is designated
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as an officer who has primary decision-making authority under Section
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20A-11-601.
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(b) In preparing the report, all receipts and expenditures shall be reported as of
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December 31 of the previous year.
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(3) The summary report shall contain a paragraph signed by the officeholder certifying that,
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to the best of the officeholder's knowledge[,] :
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(a) all receipts and all expenditures have been reported as of December 31 of the last
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calendar year; [and]
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(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
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that] the report[.] ; and
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(c) the officeholder did not knowingly accept a campaign contribution from a foreign
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national, as those terms are defined in Section 20-11-1801.
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(4) An officeholder may:
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(a) receive public service assistance from a political action committee registered under
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Section 20A-11-601; and
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(b) be designated by a political action committee as an officer who has primary
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decision-making authority as described in Section 20A-11-601.
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(5) Within 31 days after receiving a contribution or public service assistance that is cash or
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a negotiable instrument, exceeds $50, and is from an unknown source, an officeholder
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shall disburse the amount of the contribution or public service assistance to:
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(a) the treasurer of the state or a political subdivision for deposit into the state's or
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political subdivision's general fund; or
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(b) an organization that is exempt from federal income taxation under Section 501(c)(3),
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Internal Revenue Code.
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Section 4. Section 20A-11-506 is amended to read:
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20A-11-506 . Political party financial reporting requirements -- Year-end
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summary report.
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(1) The party committee of each registered political party shall file a summary report by
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January 10 of each year.
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(2)(a) Each summary report shall include the following information as of December 31
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of the previous year:
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(i) the net balance of the last summary report, if any;
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(ii) a single figure equal to the total amount of receipts reported on all interim reports,
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if any, during the previous year;
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(iii) a single figure equal to the total amount of expenditures reported on all interim
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reports, if any, filed during the previous year;
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(iv) a detailed listing of each contribution received since the last summary report that
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has not been reported in detail on an interim report;
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(v) for each nonmonetary contribution, the fair market value of the contribution;
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(vi) a detailed listing of each expenditure made since the last summary report that has
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not been reported in detail on an interim report;
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(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
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(viii) a net balance for the year consisting of the net balance from the last summary
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report, if any, plus all receipts minus all expenditures.
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(b)(i) For all individual contributions of $50 or less, a single aggregate figure may be
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reported without separate detailed listings.
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(ii) Two or more contributions from the same source that have an aggregate total of
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more than $50 may not be reported in the aggregate, but shall be reported
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separately.
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(c) In preparing the report, all receipts and expenditures shall be reported as of
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December 31 of the previous year.
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(3) The summary report shall contain a paragraph signed by the treasurer of the party
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committee certifying that, to the best of the treasurer's knowledge[,] :
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(a) all receipts and all expenditures have been reported as of December 31 of the
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previous year; [and]
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(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
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that] the report[.] ; and
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(c) the party committee did not knowingly accept a campaign contribution from a
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foreign national, as those terms are defined in Section 20-11-1801.
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Section 5. Section 20A-11-510 is amended to read:
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20A-11-510 . County political party financial reporting requirements -- Year-end
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summary report.
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(1) A county political party officer of a county political party that has received
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contributions totaling at least $750, or disbursed expenditures totaling at least $750,
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during a calendar year shall file a summary report by January 10 of the following year.
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(2)(a) Each summary report shall include the following information as of December 31
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of the previous year:
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(i) the net balance of the last summary report, if any;
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(ii) a single figure equal to the total amount of receipts reported on all interim reports,
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if any, filed during the previous year;
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(iii) a single figure equal to the total amount of expenditures reported on all interim
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reports, if any, filed during the previous year;
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(iv) a detailed listing of each contribution received since the last summary report that
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has not been reported in detail on an interim report;
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(v) for each nonmonetary contribution, the fair market value of the contribution;
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(vi) a detailed listing of each expenditure made since the last summary report that has
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not been reported in detail on an interim report;
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(vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
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(viii) a net balance for the year consisting of the net balance from the last summary
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report, if any, plus all receipts minus all expenditures.
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(b)(i) For all individual contributions of $50 or less, a single aggregate figure may be
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reported without separate detailed listings.
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(ii) Two or more contributions from the same source that have an aggregate total of
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more than $50 may not be reported in the aggregate, but shall be reported
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separately.
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(c) In preparing the report, all receipts and expenditures shall be reported as of
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December 31 of the previous year.
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(3) The county political party officer shall certify in the summary report that, to the best of
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the officer's knowledge[,] :
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(a) all receipts and all expenditures have been reported as of December 31 of the
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previous year; [and]
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(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in
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that report[.] ; and
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(c) the county political party did not knowingly accept a campaign contribution from a
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foreign national, as those terms are defined in Section 20-11-1801.
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Section 6. Section 20A-11-602 is amended to read:
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20A-11-602 . Political action committees -- Financial reporting.
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(1)(a) Each registered political action committee that has received contributions totaling
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at least $750, or disbursed expenditures totaling at least $750, during a calendar year
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shall file a verified financial statement with the lieutenant governor's office:
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(i) on January 10, reporting contributions and expenditures as of December 31 of the
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previous year;
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(ii) seven days before the state political convention of each major political party;
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(iii) seven days before the county political convention of a political party, if the
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political action committee makes an expenditure on or before the day described in
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Subsection (1)(b)(ii) in relation to a candidate that the party may nominate at the
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convention;
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(iv) seven days before the regular primary election date;
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(v) on September 30; and
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(vi) seven days before:
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(A) the municipal general election; and
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(B) the regular general election.
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(b) The registered political action committee shall report:
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(i) a detailed listing of all contributions received and expenditures made since the last
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statement; and
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(ii) for a financial statement described in Subsections (1)(a)(ii) through (v), all
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contributions and expenditures as of five days before the required filing date of
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the financial statement.
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(c) The registered political action committee need not file a statement under this section
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if it received no contributions and made no expenditures during the reporting period.
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(2)(a) The verified financial statement shall include:
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(i) the name and address of any individual who makes a contribution to the reporting
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political action committee, if known, and the amount of the contribution;
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(ii) the identification of any publicly identified class of individuals that makes a
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contribution to the reporting political action committee, if known, and the amount
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of the contribution;
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(iii) the name and address of any political action committee, group, or entity, if
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known, that makes a contribution to the reporting political action committee, and
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the amount of the contribution;
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(iv) for each nonmonetary contribution, the fair market value of the contribution;
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(v) the name and address of each reporting entity that received an expenditure from
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the reporting political action committee, and the amount of each expenditure;
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(vi) for each nonmonetary expenditure, the fair market value of the expenditure;
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(vii) the total amount of contributions received and expenditures disbursed by the
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reporting political action committee;
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(viii) a statement by the political action committee's treasurer or chief financial
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officer certifying that, to the best of the person's knowledge[,] :
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(A) the financial report is accurate; and
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(B) the political action committee did not knowingly accept a campaign
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contribution from a foreign national, as those terms are defined in Section
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20-11-1801.
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(ix) a summary page in the form required by the lieutenant governor that identifies:
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(A) beginning balance;
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(B) total contributions during the period since the last statement;
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(C) total contributions to date;
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(D) total expenditures during the period since the last statement; and
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(E) total expenditures to date.
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(b)(i) Contributions received by a political action committee that have a value of $50
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or less need not be reported individually, but shall be listed on the report as an
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aggregate total.
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(ii) Two or more contributions from the same source that have an aggregate total of
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more than $50 may not be reported in the aggregate, but shall be reported
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separately.
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(c) A political action committee is not required to report an independent expenditure
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under Part 17, Independent Expenditures, if, in the financial statement described in
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this section, the political action committee:
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(i) includes the independent expenditure;
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(ii) identifies the independent expenditure as an independent expenditure; and
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(iii) provides the information, described in Section 20A-11-1704, in relation to the
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independent expenditure.
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(3) A group or entity may not divide or separate into units, sections, or smaller groups for
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the purpose of avoiding the financial reporting requirements of this chapter, and
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substance shall prevail over form in determining the scope or size of a political action
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committee.
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(4)(a) As used in this Subsection (4), "received" means:
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(i) for a cash contribution, that the cash is given to a political action committee;
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(ii) for a contribution that is a negotiable instrument or check, that the negotiable
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instrument or check is negotiated; and
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(iii) for any other type of contribution, that any portion of the contribution's benefit
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inures to the political action committee.
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(b) A political action committee shall report each contribution to the lieutenant governor
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within 31 days after the contribution is received.
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(5) A political action committee may not expend a contribution for political purposes if the
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contribution:
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(a) is cash or a negotiable instrument;
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(b) exceeds $50; and
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(c) is from an unknown source.
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(6) Within 31 days after receiving a contribution that is cash or a negotiable instrument,
347
exceeds $50, and is from an unknown source, a political action committee shall disburse
348
the amount of the contribution to:
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(a) the treasurer of the state or a political subdivision for deposit into the state's or
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political subdivision's general fund; or
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(b) an organization that is exempt from federal income taxation under Section 501(c)(3),
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Internal Revenue Code.
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Section 7. Section 20A-11-702 is amended to read:
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20A-11-702 . Campaign financial reporting of political issues expenditures by
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corporations -- Financial reporting.
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(1)(a) Each corporation that has made political issues expenditures on current or
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proposed ballot issues that total at least $750 during a calendar year shall file a
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verified financial statement with the lieutenant governor's office:
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(i) on January 10, reporting expenditures as of December 31 of the previous year;
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(ii) seven days before the state political convention of each major political party;
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(iii) seven days before the regular primary election date;
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(iv) on September 30; and
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(v) seven days before the regular general election date.
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(b) The corporation shall report:
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(i) a detailed listing of all expenditures made since the last financial statement; and
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(ii) for a financial statement described in Subsections (1)(a)(ii) through (v),
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expenditures as of five days before the required filing date of the financial
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statement.
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(c) The corporation need not file a statement under this section if it made no
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expenditures during the reporting period.
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(2) That statement shall include:
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(a) the name and address of each individual, entity, or group of individuals or entities
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that received a political issues expenditure of more than $50 from the corporation,
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and the amount of each political issues expenditure;
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(b) the total amount of political issues expenditures disbursed by the corporation; and
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(c) a statement by the corporation's treasurer or chief financial officer certifying:
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(i) the accuracy of the verified financial statement[.] ; and
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(ii) that the corporation is not a foreign national, as that term is defined in Section
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20A-11-1801.
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Section 8. Section 20A-11-802 is amended to read:
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20A-11-802 . Political issues committees -- Financial reporting.
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(1)(a) Each registered political issues committee that has received political issues
383
contributions totaling at least $750, or disbursed political issues expenditures totaling
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at least $750, during a calendar year, shall file a verified financial statement with the
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lieutenant governor's office:
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(i) on January 10, reporting contributions and expenditures as of December 31 of the
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previous year;
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(ii) seven days before the state political convention of each major political party;
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(iii) seven days before the regular primary election date;
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(iv) seven days before the date of an incorporation election, if the political issues
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committee has received or expended funds to affect an incorporation;
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(v) at least three days before the first public hearing held as required by Section
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20A-7-204.1;
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(vi) if the political issues committee has received or expended funds in relation to an
395
initiative or referendum, five days before the deadline for the initiative or
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referendum sponsors to submit:
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(A) the verified and certified initiative packets under Section 20A-7-105; or
398
(B) the signed and verified referendum packets under Section 20A-7-105;
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(vii) on September 30; and
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(viii) seven days before:
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(A) the municipal general election; and
402
(B) the regular general election.
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(b) The political issues committee shall report:
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(i) a detailed listing of all contributions received and expenditures made since the last
405
statement; and
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(ii) all contributions and expenditures as of five days before the required filing date
407
of the financial statement, except for a financial statement filed on January 10.
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(c) The political issues committee need not file a statement under this section if it
409
received no contributions and made no expenditures during the reporting period.
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(2)(a) That statement shall include:
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(i) the name and address, if known, of any individual who makes a political issues
412
contribution to the reporting political issues committee, and the amount of the
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political issues contribution;
414
(ii) the identification of any publicly identified class of individuals that makes a
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political issues contribution to the reporting political issues committee, and the
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amount of the political issues contribution;
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(iii) the name and address, if known, of any political issues committee, group, or
418
entity that makes a political issues contribution to the reporting political issues
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committee, and the amount of the political issues contribution;
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(iv) the name and address of each reporting entity that makes a political issues
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contribution to the reporting political issues committee, and the amount of the
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political issues contribution;
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(v) for each nonmonetary contribution, the fair market value of the contribution;
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(vi) except as provided in Subsection (2)(c), the name and address of each individual,
425
entity, or group of individuals or entities that received a political issues
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expenditure of more than $50 from the reporting political issues committee, and
427
the amount of each political issues expenditure;
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(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
429
(viii) the total amount of political issues contributions received and political issues
430
expenditures disbursed by the reporting political issues committee;
431
(ix) a statement by the political issues committee's treasurer or chief financial officer
432
certifying that, to the best of the person's knowledge[,] :
433
(A) the financial statement is accurate; and
434
(B) the political issues committee did not knowingly accept a political issues
435
contribution from a foreign national, as that term is defined in Section
436
20-11-1801.
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437
(x) a summary page in the form required by the lieutenant governor that identifies:
438
(A) beginning balance;
439
(B) total contributions during the period since the last statement;
440
(C) total contributions to date;
441
(D) total expenditures during the period since the last statement; and
442
(E) total expenditures to date.
443
(b)(i) Political issues contributions received by a political issues committee that have
444
a value of $50 or less need not be reported individually, but shall be listed on the
445
report as an aggregate total.
446
(ii) Two or more political issues contributions from the same source that have an
447
aggregate total of more than $50 may not be reported in the aggregate, but shall be
448
reported separately.
449
(c) When reporting political issue expenditures made to circulators of initiative petitions,
450
the political issues committee:
451
(i) need only report the amount paid to each initiative petition circulator; and
452
(ii) need not report the name or address of the circulator.
453
(3)(a) As used in this Subsection (3), "received" means:
454
(i) for a cash contribution, that the cash is given to a political issues committee;
455
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
456
instrument or check is negotiated; and
457
(iii) for any other type of contribution, that any portion of the contribution's benefit
458
inures to the political issues committee.
459
(b) A political issues committee shall report each contribution to the lieutenant governor
460
within 31 days after the contribution is received.
461
(4) A political issues committee may not expend a contribution for a political issues
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expenditure if the contribution:
463
(a) is cash or a negotiable instrument;
464
(b) exceeds $50; and
465
(c) is from an unknown source.
466
(5) Within 31 days after receiving a contribution that is cash or a negotiable instrument,
467
exceeds $50, and is from an unknown source, a political issues committee shall disburse
468
the amount of the contribution to:
469
(a) the treasurer of the state or a political subdivision for deposit into the state's or
470
political subdivision's general fund; or
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471
(b) an organization that is exempt from federal income taxation under Section 501(c)(3),
472
Internal Revenue Code.
473
Section 9. Section 20A-11-1302 is amended to read:
474
20A-11-1302 . School board office candidate -- Financial reporting requirements
475
-- Year-end summary report.
476
(1)(a) Each school board office candidate shall file a summary report by January 10 of
477
the year after the regular general election year.
478
(b) In addition to the requirements of Subsection (1)(a), a former school board office
479
candidate that has not filed the statement of dissolution and final summary report
480
required under Section 20A-11-1304 shall continue to file a summary report on
481
January 10 of each year.
482
(2)(a) Each summary report shall include the following information as of December 31
483
of the previous year:
484
(i) the net balance of the last financial statement, if any;
485
(ii) a single figure equal to the total amount of receipts reported on all interim reports,
486
if any, during the previous year;
487
(iii) a single figure equal to the total amount of expenditures reported on all interim
488
reports, if any, filed during the previous year;
489
(iv) a detailed listing of each contribution received since the last summary report that
490
has not been reported in detail on an interim report;
491
(v) for each nonmonetary contribution:
492
(A) the fair market value of the contribution with that information provided by the
493
contributor; and
494
(B) a specific description of the contribution;
495
(vi) a detailed listing of each expenditure made since the last summary report that has
496
not been reported in detail on an interim report;
497
(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
498
(viii) a net balance for the year consisting of the net balance from the last summary
499
report, if any, plus all receipts minus all expenditures; and
500
(ix) the name of a political action committee for which the school board office
501
candidate is designated as an officer who has primary decision-making authority
502
under Section 20A-11-601.
503
(b) In preparing the report, all receipts and expenditures shall be reported as of
504
December 31 of the previous year.
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505
(c) A check or negotiable instrument received by a school board office candidate on or
506
before December 31 of the previous year shall be included in the summary report.
507
(3) The school board office candidate shall certify in the summary report that, to the best of
508
the school board office candidate's knowledge[,] :
509
(a) all receipts and all expenditures have been reported as of December 31 of the
510
previous year; [and]
511
(b) [that ]there are no bills or obligations outstanding and unpaid except as set forth in [
512
that report.] the report; and
513
(c) the school board office candidate did not knowingly accept a campaign contribution
514
from a foreign national, as those terms are defined in Section 20-11-1801.
515
Section 10. Section 20A-11-1502 is amended to read:
516
20A-11-1502 . Campaign financial reporting of expenditures -- Filing
517
requirements -- Statement contents.
518
(1)(a) Each labor organization that has made expenditures for political purposes or
519
political issues expenditures on current or proposed ballot issues that total at least
520
$750 during a calendar year shall file a verified financial statement with the
521
lieutenant governor's office:
522
(i) on January 10, reporting expenditures as of December 31 of the previous year;
523
(ii) seven days before the regular primary election date;
524
(iii) on September 30; and
525
(iv) seven days before the regular general election date.
526
(b) The labor organization shall report:
527
(i) a detailed listing of all expenditures made since the last statement; and
528
(ii) for a financial statement described in Subsections (1)(a)(ii) through (iv), all
529
expenditures as of five days before the required filing date of the financial
530
statement.
531
(c) The labor organization is not required to file a financial statement under this section
532
if the labor organization:
533
(i) made no expenditures during the reporting period; or
534
(ii) reports the labor organization's expenditures during the reporting period under
535
another part of this chapter.
536
(2) The financial statement shall include:
537
(a) the name and address of each reporting entity that received an expenditure or
538
political issues expenditure of more than $50 from the labor organization, and the
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539
amount of each expenditure or political issues expenditure;
540
(b) the total amount of expenditures disbursed by the labor organization; and
541
(c) a statement by the labor organization's treasurer or chief financial officer certifying:
542
(i) the accuracy of the financial statement[.] ; and
543
(ii) that the labor organization is not a foreign national, as that term is defined in
544
Section 20A-11-1801.
545
Section 11. Section 20A-11-1801 is enacted to read:
546
Part 18. FOREIGN NATIONALS
547
20A-11-1801 . Definitions.
548
As used in this part:
549
(1) "Campaign contribution" means any of the following when done for a political purpose,
550
to advocate for or against a ballot proposition, or to influence a proposed initiative or a
551
proposed referendum:
552
(a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
553
given to a filing entity;
554
(b) an express, legally enforceable contract, promise, or agreement to make a gift,
555
subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or
556
anything of value to a filing entity;
557
(c) any transfer of funds from a foreign national to a filing entity;
558
(d) compensation paid by a foreign national for personal services provided without
559
charge to the filing entity;
560
(e) renumeration from:
561
(i) any organization or the organization's directly affiliated organization that has a
562
registered lobbyist; or
563
(ii) any agency or subdivision of the state, including a school district; or
564
(f) an in-kind contribution.
565
(2) "Foreign government" means any government other than the government of:
566
(a) the United States;
567
(b) a state within the United States;
568
(c) a territory or possession of the United States; or
569
(d) a political subdivision of the United States.
570
(3) "Foreign government-owned entity" means:
571
(a) a corporation or any other business organization in which a foreign government
572
owns, holds, or controls 50% or more of the corporation's or business organization's
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573
equity, voting shares, membership units, or other applicable ownership interest; or
574
(b) a restricted foreign entity.
575
(4) "Foreign national" means:
576
(a) and individual who is not:
577
(i) a citizen of the United States;
578
(ii) a national of the United States, as defined in 8 U.S.C. Sec. 1101(a)(22)(B); or
579
(iii) lawfully admitted for permanent residence, as defined in 8 U.S.C. Sec.
580
1101(a)(20);
581
(b) a foreign government;
582
(c) a foreign government-owned entity; or
583
(d) a restricted foreign entity.
584
(5) "Independent expenditure" means the same as that term is defined in Section
585
20A-11-1702.
586
(6) "Indirectly" includes making a campaign contribution or political issues contribution
587
intended for a filing entity through one or more other persons.
588
(7) "Political purpose" means an act done with the intent or in a way to influence or intend
589
to influence, directly or indirectly, any person to refrain from voting or to vote for or
590
against:
591
(a) a candidate for public office at any caucus, political convention, primary, or election;
592
or
593
(b) a judge standing for retention at any election.
594
(8) "Proposed initiative" means an initiative proposed in an application filed under Section
595
20A-7-202 or 20A-7-502.
596
(9) "Proposed referendum" means a referendum proposed in an application filed under
597
Section 20A-7-302 or 20A-7-602.
598
(10) "Restricted foreign entity" means the same as that term is defined in Subsection
599
63G-6a-121(1)(c).
600
Section 12. Section 20A-11-1802 is enacted to read:
601
20A-11-1802 . Campaign financing by foreign national prohibited -- Penalties.
602
(1) A foreign national may not make or attempt to make, directly or indirectly, any of the
603
following:
604
(a) a campaign contribution;
605
(b) a political issues contribution; or
606
(c) an independent expenditure.
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607
(2)(a) A filing entity may not knowingly solicit, accept, or receive a campaign
608
contribution or political issues contribution from a foreign national.
609
(b) A person may not knowingly aid or facilitate a violation of Subsection (1).
610
(3)(a) A filing entity that believes or has reason to believe that the filing entity received
611
a campaign contribution or political issues contribution from a foreign national shall:
612
(i) immediately notify the lieutenant governor; and
613
(ii) return the campaign contribution or political issues contribution, or, for an in-kind
614
contribution, the reasonable value of the campaign contribution or political issues
615
contribution, in dollars, to the foreign national.
616
(b) If a foreign national refuses to accept the return of a campaign contribution or
617
political issues contribution under Subsection (3)(a)(ii), the filing entity shall disperse
618
the campaign contribution or political issues contribution into the General Fund.
619
(4)(a) A person who violates this section is guilty of a class B misdemeanor.
620
(b) The lieutenant governor shall report all violations of this section to the attorney
621
general.
622
(5)(a) In addition to the criminal penalty described in Subsection (4)(a), the lieutenant
623
governor shall impose a civil fine against a foreign national that violates Subsection
624
(1) in an amount that is the greater of:
625
(i) for a foreign national that is an individual:
626
(A) $500; or
627
(B) double the amount of the campaign contribution, political issues contribution,
628
or independent expenditure that constitutes the violation; or
629
(ii) for a foreign national that is not an individual:
630
(A) $1,000; or
631
(B) triple the amount of the campaign contribution, political issues contribution,
632
or independent expenditure that constitutes the violation.
633
(b) The lieutenant governor shall deposit a fine collected under Subsection (5)(a) into
634
the General Fund.
635
Section 13. Effective Date.
636
This bill takes effect on May 7, 2025.
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