Section 403 – Failure to file — Penalties.

• (1) Within 60 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) within five days of discovery of a violation or receipt of a written complaint, notify the officeholder of the violation or written complaint and direct the officeholder to file a summary report correcting the problem.

• (3)
  • (a) It is unlawful for any officeholder to fail to file or amend a summary report within seven 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 20, 2021 General Session