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S.B. 85
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill
on Thu, Jan 22, 2004 at 12:03 PM by smaeser. -->
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POLITICAL ACTIVITIES OF PUBLIC
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ENTITIES AMENDMENTS
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David L. Thomas
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LONG TITLE
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General Description:
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This bill modifies provisions of the Political Activities of Public Entities Act.
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Highlighted Provisions:
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This bill:
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. clarifies the definition of "public entity" and "public official"; and
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. provides that public officials who violate the act are guilty of a class B
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misdemeanor.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides an immediate effective date.
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Utah Code Sections Affected:
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AMENDS:
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20A-11-1202, as last amended by Chapter 297, Laws of Utah 1996
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ENACTS:
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20A-11-1204, 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-11-1202
is amended to read:
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20A-11-1202. Definitions.
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As used in this chapter:
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(1) "Ballot proposition" means constitutional amendments, initiatives, referenda,
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judicial retention questions, opinion questions, bond approvals, or other questions submitted to
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the voters for their approval or rejection.
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(2) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
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agency that receives its revenues from conduct of its commercial operations.
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(b) "Commercial interlocal cooperation agency" does not mean an interlocal
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cooperation agency that receives some or all of its revenues from:
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(i) government appropriations;
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(ii) taxes;
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(iii) government fees imposed for regulatory or revenue raising purposes; or
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(iv) interest earned on public funds or other returns on investment of public funds.
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(3) "Expenditure" means:
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(a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
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or anything of value made for political purposes;
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(b) an express, legally enforceable contract, promise, or agreement to make any
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purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
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value for political purposes;
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(c) a transfer of funds between a public entity and a candidate's personal campaign
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committee;
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(d) a transfer of funds between a public entity and a political issues committee; or
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(e) goods or services provided to or for the benefit of a candidate, a candidate's
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personal campaign committee, or a political issues committee for political purposes at less
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than fair market value.
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(4) "Governmental interlocal cooperation agency" means an interlocal cooperation
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agency that receives some or all of its revenues from:
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(a) government appropriations;
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(b) taxes;
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(c) government fees imposed for regulatory or revenue raising purposes; or
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(d) interest earned on public funds or other returns on investment of public funds.
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(5) (a) "Influence" means to campaign or advocate for or against a ballot proposition.
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Senate 3rd Reading Amendments 1-22-2004 sm/jlf
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(b) "Influence" does not mean providing a brief statement about a public entity's
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position on a ballot proposition and the reason for that position.
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(6) "Interlocal cooperation agency" means an entity created by interlocal agreement
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under the authority of Title 11, Chapter 13, Interlocal [Co-operation] Cooperation Act.
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(7) (a) "Political issues committee" means an entity, or any group of individuals or
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entities within or outside this state, that solicits or receives contributions from any other person,
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group, or entity and makes expenditures from these contributions to influence, or to intend to
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influence, directly or indirectly, any person to assist in placing a ballot proposition on the
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ballot, to assist in keeping a ballot proposition off the ballot, or to refrain from voting or to vote
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for or to vote against any ballot proposition.
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(b) "Political issues committee" does not mean an entity that provides goods or
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services to an individual or committee in the regular course of its business at the same price
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that would be provided to the general public.
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(8) "Political purposes" means an act done with the intent or in a way to influence or
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intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
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against any candidate for public office at any caucus, political convention, primary, or election.
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(9) (a) "Public entity" includes the state, each state agency, each county, municipality,
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school district, special district, [and] governmental interlocal cooperation agency, and each
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administrative subunit of each of them.
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(b) "Public entity" does not include a commercial interlocal cooperation agency.
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(c) "Public entity" includes local health departments created under Title 26, Chapter 1,
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Local Health Departments.
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(10) (a) "Public funds" means any monies received by a public entity from
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appropriations, taxes, fees, interest, or other returns on investment.
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(b) "Public funds" does not include monies donated to a public entity by a person or
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entity.
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(11) (a) "Public official" means an elected or appointed member of government with
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authority to make or determine public policy.
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(b) "Public official" includes the person or group S [
vested
]
THAT:
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(i) [with] HAS
s supervisory authority
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over the personnel and affairs of a public entity S
; AND
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(ii) APPROVES THE EXPENDITURE OF FUNDS FOR THE PUBLIC ENTITY
s .
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(12) "Special district" means each entity created under the authority of Title 17A,
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Special Districts.
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(13) (a) "State agency" means each department, commission, board, council, agency,
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institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
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unit, bureau, panel, or other administrative unit of the state.
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(b) "State agency" includes the legislative branch, the Board of Regents, the
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institutional councils of each higher education institution, and each higher education
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institution.
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Section 2.
Section
20A-11-1204
is enacted to read:
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20A-11-1204. Criminal penalty.
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Each public official who violates this part is guilty of a class B misdemeanor.
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Section 3. Effective date.
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If approved by two-thirds of all the members elected to each house, this bill takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
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the date of veto override.
Legislative Review Note
as of 12-19-03 1:52 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.