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."