SB 276 — Veteran Organization Amendments

(b) The political party of a candidate who is disqualified under Subsection (15)(a) may not- replace13 the- candidate.S.B.

(c)276 AEnrolled candidateCopy whonot isreplace disqualified under Subsection (15)(a) shall file with the countycandidate. - 13 - S.B.

276(c) 02-11A 09:23candidate who is disqualified under Subsection (15)(a) shall file with the county clerk a complete and accurate campaign finance statement within 30 days after the day on which the candidate is disqualified.

or (iii) the candidate has proof that the report was mailed, with appropriate postage and addressing,- three14 days- beforeEnrolled theCopy reportS.B. was due.

(b)276 Foraddressing, athree countydays clerk'sbefore office that is not open until midnight at the endreport ofwas thedue. day on - 14 - 02-11 09:23 S.B.

276(b) For a county clerk's office that is not open until midnight at the end of the day on which a report is due, the county clerk shall permit a candidate to file the report via email or another electronic means designated by the county clerk.

(c) Each state officeholder or the state officeholder's personal campaign committee shall deposit each contribution and public service assistance received in one or more separate- campaign15 accounts- inS.B. a financial institution.

(d)276 AEnrolled stateCopy officeholderseparate or a state officeholder's personal campaign committeeaccounts mayin nota -financial 15institution. - S.B.

276(d) 02-11A 09:23state officeholder or a state officeholder's personal campaign committee may not use money deposited in a campaign account for:

(B) the state office candidate is contested in a primary election and the contribution is received within 30 calendar days before the day on which the primary- election16 is- held;Enrolled Copy S.B.

or276 (C)primary theelection state office candidate is contestedheld; in a general election and the - 16 - 02-11 09:23 S.B.

276or (C) the state office candidate is contested in a general election and the contribution is received within 30 calendar days before the day on which the general election is held.

(6)(a) As used in this Subsection (6), "account" means an account in a financial institution:- 17 - S.B.

276 Enrolled Copy institution:

and -(ii) 17into -which S.B.or from which a person who, as a candidate for an office, other than the state office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a state office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.

276 02-11 09:23 (ii) into which or from which a person who, as a candidate for an office, other than the state office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a state office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.

(b)- A18 legislative- officeEnrolled candidateCopy orS.B. the candidate's personal campaign committee may not use money deposited in an account described in Subsection (1)(a)(i) for:

-276 18(b) -A 02-11legislative 09:23office S.B.candidate or the candidate's personal campaign committee may not use money deposited in an account described in Subsection (1)(a)(i) for:

276 (i) a personal use expenditure;

(5)(a) As used in this Subsection (5), "received" means the same as that term is defined in- Subsection19 20A-11-303(1)(b).- S.B.

(b)276 EachEnrolled legislativeCopy officein candidateSubsection shall20A-11-303(1)(b). report to the lieutenant governor each - 19 - S.B.

276(b) 02-11Each 09:23legislative office candidate shall report to the lieutenant governor each contribution received by the legislative office candidate:

and (iii) the lieutenant governor determines that the failure to timely report the contribution is due to the legislative office candidate not understanding that the reporting- requirement20 includes- aEnrolled contributionCopy paidS.B. by a legislative office candidate from the legislative office candidate's personal funds.

-276 20reporting -requirement 02-11includes 09:23a S.B.contribution paid by a legislative office candidate from the legislative office candidate's personal funds.

276 (e) The lieutenant governor shall:

Section- 5.21 - S.B.

276 Enrolled Copy Section 5.

Officeholder financial reporting requirements -- Year-end -summary 21report --- S.B.Officeholder as a political action committee officer -- Anonymous contribution or public service assistance.

276 02-11 09:23 summary report -- Officeholder as a political action committee officer -- Anonymous contribution or public service assistance.

(3) The summary report shall contain a paragraph signed by the officeholder certifying that, to the best of the officeholder's knowledge, all receipts and all expenditures have been - 22 - 02-11Enrolled 09:23Copy S.B.

276 (3) The summary report shall contain a paragraph signed by the officeholder certifying that, to the best of the officeholder's knowledge, all receipts and all expenditures have been reported as of December 31 of the last calendar year and that there are no bills or obligations outstanding and unpaid except as set forth in that report.

(c) After filing an initial statement of organization, a political action committee shall, before January 10 each year after the year in which the political action committee files an initial statement of organization, file an updated statement of organization - 23 - S.B.

276 02-11Enrolled 09:23Copy before January 10 each year after the year in which the political action committee files an initial statement of organization, file an updated statement of organization with the lieutenant governor's office.

(c) If a political action committee uses a name or acronym that is the same, or deceptively similar to, the name or acronym of another political action committee, the lieutenant governor shall determine which political action committee has been - 24 - 02-11Enrolled 09:23Copy S.B.

276 deceptively similar to, the name or acronym of another political action committee, the lieutenant governor shall determine which political action committee has been using the name the longest and shall order, in writing, any other political action committee using the same, or a deceptively similar, name or acronym to:

(c) The attorney general, or a political action committee that is harmed by the action of a political action committee in violation of this section, may bring an action for an injunction- against25 the- violatingS.B. political action committee, or an officer of the violating political action committee, to enforce the provisions of this section.

-276 25Enrolled -Copy S.B.injunction against the violating political action committee, or an officer of the violating political action committee, to enforce the provisions of this section.

276 02-11 09:23 (d) A political action committee may bring an action for damages against another political action committee that uses a name or acronym that is the same, or deceptively similar to, the name or acronym of the political action committee bringing the action.

(b) A political action committee may not accept a contribution from a political issues committee,- but26 may- donateEnrolled moneyCopy toS.B. a political issues committee.

276 committee, but may donate money to a political issues committee.

-(i) 26electronically -file 02-11a 09:23notice S.B.of a change of a primary officer described in Subsection (5)(a) within 10 calendar days after the day on which the change occurs;

276 (i) electronically file a notice of a change of a primary officer described in Subsection (5)(a) within 10 calendar days after the day on which the change occurs;

(A) the municipal general election;

and (B) the regular general election.

276 02-11Enrolled 09:23Copy (b)(A) Thethe registeredmunicipal politicalgeneral actionelection; committee shall report:

and (B) the regular general election.

(b) The registered political action committee shall report:

and (E)- total28 expenditures- toEnrolled date.Copy S.B.

(b)(i)276 Contributions(E) receivedtotal byexpenditures ato politicaldate. action committee that have a value of $50 - 28 - 02-11 09:23 S.B.

276(b)(i) Contributions received by a political action committee that have a value of $50 or less need not be reported individually, but shall be listed on the report as an aggregate total.

(a)- the29 treasurer- ofS.B. the state or a political subdivision for deposit into the state's or political subdivision's general fund;

276 Enrolled Copy (a) the treasurer of the state or -a 29political -subdivision S.B.for deposit into the state's or political subdivision's general fund;

276or 02-11 09:23 (b) an organization that is exempt from federal income taxation under Section 501(c)(3) or (19), Internal Revenue Code.

(e) the name and address of all affiliated or connected organizations and their relationships- to30 the- politicalEnrolled issuesCopy committee;S.B.

(f)276 therelationships name,to residential address, business address, occupation, and phone number of the -political 30issues -committee; 02-11 09:23 S.B.

276(f) the name, residential address, business address, occupation, and phone number of the committee's treasurer or chief financial officer;

(6)(a) A person is guilty of providing false information in relation to a political issues committee if the person intentionally or knowingly gives false or misleading material information in the statement of organization or the notice of change of primary officer.- 31 - S.B.

(b)276 EachEnrolled primaryCopy officerofficer. designated in Subsection (2)(a) or (5)(b) is guilty of accepting - 31 - S.B.

276(b) 02-11Each 09:23primary officer designated in Subsection (2)(a) or (5)(b) is guilty of accepting an unlawful contribution if the political issues committee knowingly or recklessly accepts a contribution from a corporation that:

and (ii)- report32 on- theEnrolled lieutenantCopy governor'sS.B. website, in the location where reports relating to each political issues committee are available for public access:

-276 32(ii) -report 02-11on 09:23the S.B.lieutenant governor's website, in the location where reports relating to each political issues committee are available for public access:

276 (A) each fine imposed by the lieutenant governor against the political issues committee;

and (ii) all contributions and expenditures as of five calendar days before the required filing date of the financial statement, except for a financial statement filed on - 33 - S.B.

276 02-11Enrolled 09:23Copy (ii) all contributions and expenditures as of five calendar days before the required filing date of the financial statement, except for a financial statement filed on January 10.

and (E)- total34 expenditures- toEnrolled date.Copy S.B.

(b)(i)276 Political(E) issuestotal contributionsexpenditures receivedto bydate. a political issues committee that have - 34 - 02-11 09:23 S.B.

276(b)(i) Political issues contributions received by a political issues committee that have a value of $50 or less need not be reported individually, but shall be listed on the report as an aggregate total.

School board office -- Campaign finance requirements -- Candidate as a political action committee officer -- No personal use -- Contribution reporting- deadline35 --- ReportS.B. other accounts -- Anonymous contributions.

(1)(a)(i)276 EachEnrolled schoolCopy boardreporting officedeadline candidate-- shallReport depositother eachaccounts contribution-- receivedAnonymous -contributions. 35 - S.B.

276(1)(a)(i) 02-11Each 09:23school board office candidate shall deposit each contribution received in one or more separate accounts in a financial institution that are dedicated only to that purpose.

(4) If a person who is no longer a school board office candidate chooses not to expend the money remaining in a campaign account, the person shall continue to file the year-end summary report required by Section 20A-11-1302 until the statement of dissolution and final- summary36 report- requiredEnrolled byCopy SectionS.B. 20A-11-1304 are filed with the lieutenant governor.

-276 36final -summary 02-11report 09:23required S.B.by Section 20A-11-1304 are filed with the lieutenant governor.

276 (5)(a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who is no longer a school board office candidate may not expend or transfer the money in a campaign account in a manner that would cause the former school board office candidate to recognize the money as taxable income under federal tax law.

or (ii) 20% of the amount of the contribution, if the school board office candidate fails to- report37 the- contributionS.B. within 60 calendar days after the day on which the time period described in Subsection (6)(b) ends.

-276 37Enrolled -Copy S.B.to report the contribution within 60 calendar days after the day on which the time period described in Subsection (6)(b) ends.

276 02-11 09:23 (d) The lieutenant governor may waive the fine described in Subsection (6)(c) and issue a warning to the school board office candidate if:

and (ii) into which or from which a person who, as a candidate for an office, other than a school board office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a school board office for which the person- files38 a- declarationEnrolled ofCopy candidacyS.B. or federal office, deposits a contribution or makes an expenditure.

-276 38person -files 02-11a 09:23declaration S.B.of candidacy or federal office, deposits a contribution or makes an expenditure.

276 (b) A school board office candidate shall include on any financial statement filed in accordance with this part:

or (ii) 20% of the amount of the contribution, if the judge fails to report the contribution within 60 calendar days after the day on which the time period described in - 39 - S.B.

276 02-11Enrolled 09:23Copy (ii) 20% of the amount of the contribution, if the judge fails to report the contribution within 60 calendar days after the day on which the time period described in Subsection (3)(b) ends.

(b) qualified acquisition costs associated with a first-time home purchase if paid from the- individual40 development- accountEnrolled directlyCopy toS.B. a person to whom the amount is due;

(c)276 amountsthe paid from an individual development account directly to a businessperson -to 40whom -the 02-11amount 09:23is S.B.due;

276(c) amounts paid from an individual development account directly to a business capitalization account that is established in a federally insured financial institution and used solely for qualified business capitalization expenses;

(i)- Section41 59-12-103;- S.B.

276 Enrolled Copy (i) Section 59-12-103;

and -(iii) 41Section -59-12-1102. S.B.

276 02-11 09:23 (iii) Section 59-12-1102.

(c)- conduct42 a- criminalEnrolled backgroundCopy checkS.B. on each scholarship granting organization employee and scholarship granting organization officer;

-276 42(c) -conduct 02-11a 09:23criminal S.B.background check on each scholarship granting organization employee and scholarship granting organization officer;

276 (d) establish uniform financial accounting standards for scholarship granting organizations;

(b) The state board may enter into an agreement described in Subsection (2)(a) with additional scholarship granting organizations after January 1, 2023, if the state board makes rules regarding how multiple scholarship granting organizations may issue tax credit- certificates43 in- accordanceS.B. with Section 53E-7-407.

(c)(i)276 NoEnrolled laterCopy thancredit 10certificates daysin afteraccordance thewith daySection on53E-7-407. which the state board enters into an - 43 - S.B.

276(c)(i) 02-11No 09:23later than 10 days after the day on which the state board enters into an agreement with a scholarship granting organization, the state board shall forward the name and contact information of the scholarship granting organization to the State Tax Commission.

(6)- The44 state- boardEnrolled shallCopy makeS.B. rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the program, including rules for:

-276 44(6) -The 02-11state 09:23board S.B.shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the program, including rules for:

276 (a) the administration of scholarships to a qualifying school or qualifying provider receiving scholarship money from a scholarship granting organization that is barred from participating in the program under Subsection (4)(c)(i);

59-12-104.1- .45 - S.B.

276 Enrolled Copy 59-12-104.1 .

(1) Except as provided in Section 59-12-104, sales made by religious or charitable -institutions 45or -organizations S.B.are exempt from the sales and use tax imposed by this chapter if the sale is made in the conduct of the institution's or organization's regular religious or charitable functions or activities.

276 02-11 09:23 institutions or organizations are exempt from the sales and use tax imposed by this chapter if the sale is made in the conduct of the institution's or organization's regular religious or charitable functions or activities.

(iii)- procedures46 for- submittingEnrolled aCopy requestS.B. for refund on a monthly basis anytime the taxpayer has accumulated $100 or more in sales tax payments;

and276 -(iii) 46procedures -for 02-11submitting 09:23a S.B.request for refund on a monthly basis anytime the taxpayer has accumulated $100 or more in sales tax payments;

276and (iv) procedures for submitting a request for refund on a quarterly basis for any cumulative amount of sales tax payments.

(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division- shall47 make- rulesS.B. providing procedures for an organization to apply to receive money under this section.

-276 47Enrolled -Copy S.B.division shall make rules providing procedures for an organization to apply to receive money under this section.

276 02-11 09:23 Section 18.

(4) If required by law or regulation of the United States in connection with the disposition of surplus real property and the receipt, warehousing, and distribution of surplus personal property received by the surplus property program from the United States, the - 48 - 02-11Enrolled 09:23Copy S.B.

276 of surplus real property and the receipt, warehousing, and distribution of surplus personal property received by the surplus property program from the United States, the surplus property program administrator may:

(1) "Applicant" means a person who submits a timely, qualified proposal to the division.

(2) "Condemnee" means the same as that term is defined in Section 78B-6-520.3.

276 02-11Enrolled 09:23Copy (3)(1) "Division-owned"Applicant" property" means reala property,person includingwho ansubmits interesta intimely, realqualified property,proposal to which the divisiondivision. holds title, regardless of who occupies or uses the real property.

(2) "Condemnee" means the same as that term is defined in Section 78B-6-520.3.

(3) "Division-owned property" means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property.

(11) "Transfer of ownership" includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for - 50 - 02-11Enrolled 09:23Copy S.B.

276 (11) "Transfer of ownership" includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property.

or (vii)- a51 claim- payment.S.B.

(5)276 "GrantEnrolled appropriation"Copy means(vii) ana appropriationclaim thepayment. Legislature makes to an administering - 51 - S.B.

276(5) 02-11"Grant 09:23appropriation" means an appropriation the Legislature makes to an administering agency to be used for one or more grants.

(b)- performs52 its- dutiesEnrolled onlyCopy underS.B. the supervision of another person as provided by statute;

and276 -(b) 52performs -its 02-11duties 09:23only S.B.under the supervision of another person as provided by statute;

276and (c) provides advice and makes recommendations to another person that makes policy for the benefit of the general public.

[(12)] (13) "Female" means the characteristic of an individual whose biological reproductive system- is53 of- theS.B. general type that functions in a way that could produce ova.

276 Enrolled Copy system is of the general type that functions in a way that could produce ova.

-(a) 53qualifies -as S.B.a guardian of a minor or incapacitated person pursuant to testamentary or court appointment;

276 02-11 09:23 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment;

(c)- an54 institution;- Enrolled Copy S.B.

276 (c) an institution;

-(e) 54a -company; 02-11 09:23 S.B.

276 (e) a company;

and (g) a right or interest in an item described in Subsections (24)(a)[(24)(a)] (25)(a) through (f).

and (e) a person who performs substantially the same function as a person described in Subsections (25)(a)[(25)(a)] (26)(a) through (d) under the law governing the person's status.

[(28)] (29) "Process" means a writ or summons issued in the course of a judicial proceeding.

[(29)] (30) "Property" includes both real and personal property.

276 02-11Enrolled 09:23Copy [(30)][(28)] (31)(29) "Real"Process" estate"means a writ or "realsummons property"issued includes:in the course of a judicial proceeding.

[(29)] (30) "Property" includes both real and personal property.

[(30)] (31) "Real estate" or "real property" includes:

(a)- the56 armed- forces;Enrolled Copy S.B.

276 (a) the armed forces;

-and 56(c) -the 02-11commissioned 09:23corps S.B.of the United States Public Health Service.

276 and (c) the commissioned corps of the United States Public Health Service.

or (b)(i) after the day described in Subsection (40)(a);[(40)(a)] (41)(a);

Section- 22.57 - S.B.

276 Enrolled Copy Section 22.

-(1) 57As -used S.B.in this section:

276 02-11 09:23 (1) As used in this section:

and (ii) the designation and approval of the public interest use to which the agency applies- the58 proceeds.- Enrolled Copy S.B.

(4)(a)(i)276 Theapplies departmentthe shall,proceeds. in accordance with Title 63G, Chapter 6a, Utah - 58 - 02-11 09:23 S.B.

276(4)(a)(i) The department shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, contract with a federally licensed firearms dealer to sell or destroy all confiscated or unclaimed firearms in the state.