20A-11-403. Failure to file -- Penalties.
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Effective 5/7/2025
20A-11-403. Failure to file -- Penalties.
(1)Within 60 calendar days after a deadline for the filing of a summary report, the lieutenant governor shall review each filed summary report to ensure that:
(a)each officeholder that is required to file a summary report has filed one; and
(b)each summary report contains the information required by this part.
(2)If it appears that any officeholder has failed to file the summary report required by law, if it appears that a filed summary report does not conform to the law, or if the lieutenant governor has received a written complaint alleging a violation of the law or the falsity of any summary report, the lieutenant governor shall, if the lieutenant governor determines that a violation has occurred:
(a)impose a fine against the filing entity in accordance with Section 20A-11-1005 ; and
(b)no later than the first business day that is at least five calendar days after the day on which the lieutenant governor discovers the violation or receives the written complaint, notify the officeholder of the violation or written complaint and direct the officeholder to file a summary report correcting the problem.
(a)It is unlawful for any officeholder to fail to file or amend a summary report within seven calendar days after receiving notice from the lieutenant governor under this section.
(b)Each officeholder who violates Subsection (3)(a) is guilty of a class B misdemeanor.
(c)The lieutenant governor shall report all violations of Subsection (3)(a) to the attorney general.
(d)In addition to the criminal penalty described in Subsection (3)(b) , the lieutenant governor shall impose a civil fine of $100 against an officeholder who violates Subsection (3)(a) .
Amended by Chapter 448 , 2025 General Session