AMENDMENT FOR PRINTED BILL
163wa
___________________ moved that SB 163 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That section 15 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 15. That § 12-27-16 be amended to read:
12-27-16. The following apply to independent expenditures by persons and organizations related
to communications advocating for or against candidates, public office holders, ballot questions, or
political parties:
(1) Any person or organization making a payment or promise of payment totaling one
hundred dollars or more, including an in-kind contribution, for a communication that
expressly advocates for or against a candidate, public office holder, ballot question, or
political party shall append to or include in each communication a disclaimer that clearly
and forthrightly:
(a) Identifies the person or organization making the independent expenditure for that
communication;
(b) States the address or website address of the person or organization; and
(c) States that the communication is independently funded and not made in
consultation with any candidate, political party, or political committee; and
(d) If an independent expenditure is undertaken by an organization not including a
candidate, public office holder, political party, or political committee, the following
notation must be included: "Top Five Contributors," including a listing of the
names of the five persons making the largest contributions in aggregate to the
organization during the twelve months preceding that communication.
A violation of this subdivision is a Class 1 misdemeanor;
(2) Any person or organization making a payment or promise of payment of one hundred
dollars or more, including an in-kind contribution, for a communication described in
subdivision (1) shall file a statement within forty-eight hours of the time that the
communication is disseminated, broadcast, or otherwise published;
(3) The statements required by this section shall include the name, street address, city, and
state of the person or organization and, any expenditures made for communications
described in subdivision (1) during that calendar year but not yet reported on a prior
statement, the name of each candidate, public office holder, ballot question, or political
party mentioned or identified in each communication, the amount spent on each
communication, and a description of the content of each communication. For an
organization, the statement shall also include the name and title of the person filing the
report, the name of its chief executive, if any, and the name of the person who authorized
the expenditures on behalf of the organization;
(4) For an organization whose majority ownership is owned by, controlled by, held for the
benefit of, or comprised of twenty or fewer persons, partners, owners, trustees,
beneficiaries, participants, members, or shareholders, the statement shall identify by name
and address each person, partner, owner, trustee, beneficiary, participant, shareholder, or
member who owns, controls, or comprises ten percent or more of the organization;
(5) For an organization, supplemental statements, as defined in subdivision(3), for any of its
partners, owners, trustees, beneficiaries, participants, members, or shareholders identified
pursuant to subdivision(4) that are owned by, controlled by, held for the benefit of, or
comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries,
participants, members, or shareholders, until no organization identified in the
supplemental statements meets the ownership test set forth in subdivision(4); and
(6) For purposes of this section, the term, communication, does not include:
(a) Any news article, editorial endorsement, opinion or commentary writing, or letter
to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical
not owned or controlled by a candidate, political committee, or political party;
(b) Any editorial endorsement or opinion aired by a broadcast facility not owned or
controlled by a candidate, political committee, or political party;
(c) Any communication by a person made in the regular course and scope of the
person's business or ministry or any communication made by a membership
organization solely to members of the organization and the members' families; and
(d) Any communication that refers to any candidate only as part of the popular name
of a bill or statute.
Section 2. That section 17 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 17. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any political committee, organization, person, or political party that makes a communication as
defined in § 12-27-17, which does not expressly advocate for or against a candidate, public office
holder, ballot question, or political party, shall append to or include in each communication a
disclaimer that:
(1) Identifies the political committee, organization, person, or political party making the
communication; and
(2) States the address or website address of the political committee organization, person, or
political party.
If the communication is an independent expenditure made by a person or organization, then the
disclaimer shall include the following: "This communication is independently funded and not made
in consultation with any candidate, political party, or political committee."
If the independent
expenditure is undertaken by an organization not including a candidate, public office holder, political
party, or political committee, then the following notation must also be included: "Top Five
Contributors," including a listing of the names of the five persons making the largest contributions
to an organization during the twelve months preceding that communication.
A violation of this section is a Class 1 misdemeanor."