CHANGES MADE BY HB142 AND HB143
DO NOT GO INTO EFFECT UNTIL JANUARY 1, 2014.
Fines/Penalties Available in Act
Below is an overview of the varying penalties for different categories of violators. Information about late fees can be found on the Late Fees pages.
PENALTIES FOR CANDIDATES, COMMITTEES, PUBLIC OFFICERS
Overall, should the Commission find that any violation within this chapter has taken place, it has authority to issue an order directing the violator:
- To cease and desist from violating the Act
- To make public complete statements containing the information required by this chapter (to refile and correct the reports at issue)
- To pay a civil penalty of:
- up to $1000 per violation (for first violation)
- up to $10,000 per violation (for 2nd violation)
- Up to $25,000 per violation (for 3rd or subsequent violation)
(For the purposes of the penalties imposed by this division, the same error, act, omission, or inaccurate entry shall be considered a single violation if the error, act, omission, or inaccurate entry appears multiple times on the same report or causes further errors, omissions, or inaccurate entries in that report or in any future reports or further violations in that report or in any future reports) Reference 21-5-6 (14)
In the event that a criminal violation is detected, the Commission has authority to refer cases to the appropriate law enforcement authority for further investigation and prosecution. Reference 21-5-6(11)
While the Commission collects State Business Transaction reports pursuant to 45-10-26, the penalties available for violations of that statute can only be enforced by a prosecutor of competent jurisdiction.
EVEN IF THE CANDIDATE / OFFICIAL IS FOUND TO HAVE COMMITTED SERIOUS VIOLATIONS OF THE ACT, THE COMMISSION DOES NOT HAVE THE AUTHORITY TO REMOVE A CANDIDATE FROM THE BALLOT OR REMOVE A PUBLIC OFFICIAL FROM OFFICE.
In addition, any knowing failure to comply or knowing violation of this chapter constitutes a misdemeanor. Reference 21-5-9.
With respect to Lobbyists, the Commission has authority to deny, suspend, or revoke the registration of a lobbyist for up to one year and/ or impose a civil penalty up to $2,000 per violation , if it finds that the lobbyist:
- (1) Has filed an application for registration with the commission which was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
- (2) Has willfully violated or willfully failed to comply with this article or a rule promulgated by the
- (3) Has failed to comply with the reporting requirements of this article; or
- (4) Has engaged in lobbying practices in violation of this article. Reference 21-5-72
It should be noted that all of the reports filed with the Commission must be verified and, as such, knowingly filing a false official document under oath with an agency of the state can constitutes a felony, punishable by 1-5 years of imprisonment and/or up to a $1,000 fine. Reference 16-10-20, 16-10-71.Print This Page