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H.B. 410
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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to campaign contributions.
10 Highlighted Provisions:
11 This bill:
12 . provides that a state office candidate, a legislative office candidate, a school board
13 office candidate, or a judge may not, during any two-year period, accept total
14 contributions from the same individual or source in an amount of $9,999 or more.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-11-201, as last amended by Laws of Utah 2012, Chapter 230
22 20A-11-301, as last amended by Laws of Utah 2012, Chapter 230
23 20A-11-1301, as last amended by Laws of Utah 2012, Chapter 230
24 20A-12-303, as last amended by Laws of Utah 2011, Chapter 396
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 20A-11-201 is amended to read:
28 20A-11-201. State office candidate -- Separate bank account for campaign funds
29 -- No personal use -- Report contributions within 30 days -- Report other accounts.
30 (1) (a) Each state office candidate or the candidate's personal campaign committee
31 shall deposit each contribution and public service assistance received in one or more separate
32 campaign accounts in a financial institution.
33 (b) A state office candidate or a candidate's personal campaign committee may not use
34 money deposited in a campaign account for:
35 (i) a personal use expenditure; or
36 (ii) an expenditure prohibited by law.
37 (2) A state office candidate or the candidate's personal campaign committee may not
38 deposit or mingle any contributions received into a personal or business account.
39 (3) If a person who is no longer a state office candidate chooses not to expend the
40 money remaining in a campaign account, the person shall continue to file the year-end
41 summary report required by Section 20A-11-203 until the statement of dissolution and final
42 summary report required by Section 20A-11-205 are filed with the lieutenant governor.
43 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402 , a person who
44 is no longer a state office candidate may not expend or transfer the money in a campaign
45 account in a manner that would cause the former state office candidate to recognize the money
46 as taxable income under federal tax law.
47 (b) A person who is no longer a state office candidate may transfer the money in a
48 campaign account in a manner that would cause the former state office candidate to recognize
49 the money as taxable income under federal tax law if the transfer is made to a campaign
50 account for federal office.
51 (5) (a) As used in this Subsection (5) and Section 20A-11-204 , "received" means:
52 (i) for a cash contribution, that the cash is given to a state office candidate or a member
53 of the candidate's personal campaign committee;
54 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
55 instrument or check is negotiated; and
56 (iii) for any other type of contribution, that any portion of the contribution's benefit
57 inures to the state office candidate.
58 (b) Each state office candidate shall report each contribution and public service
59 assistance to the lieutenant governor within 30 days after the contribution or public service
60 assistance is received.
61 (6) (a) As used in this Subsection (6), "account" means an account in a financial
62 institution:
63 (i) that is not described in Subsection (1)(a); and
64 (ii) into which or from which a person who, as a candidate for an office, other than the
65 state office for which the person files a declaration of candidacy or federal office, or as a holder
66 of an office, other than a state office for which the person files a declaration of candidacy or
67 federal office, deposits a contribution or makes an expenditure.
68 (b) A state office candidate shall include on any financial statement filed in accordance
69 with this part:
70 (i) a contribution deposited in an account:
71 (A) since the last campaign finance statement was filed; or
72 (B) that has not been reported under a statute or ordinance that governs the account; or
73 (ii) an expenditure made from an account:
74 (A) since the last campaign finance statement was filed; or
75 (B) that has not been reported under a statute or ordinance that governs the account.
76 (7) A state office candidate may not, during any two-year period, accept total
77 contributions from the same individual or source in an amount of $9,999 or more.
78 Section 2. Section 20A-11-301 is amended to read:
79 20A-11-301. Legislative office candidate -- Campaign finance requirements --
80 Candidate as a political action committee officer -- No personal use -- Report
81 contributions within 30 days -- Report other accounts.
82 (1) (a) (i) Each legislative office candidate shall deposit each contribution and public
83 service assistance received in one or more separate accounts in a financial institution that are
84 dedicated only to that purpose.
85 (ii) A legislative office candidate may:
86 (A) receive a contribution or public service assistance from a political action
87 committee registered under Section 20A-11-601 ; and
88 (B) be designated by a political action committee as an officer who has primary
89 decision-making authority as described in Section 20A-11-601 .
90 (b) A legislative office candidate or the candidate's personal campaign committee may
91 not use money deposited in an account described in Subsection (1)(a)(i) for:
92 (i) a personal use expenditure; or
93 (ii) an expenditure prohibited by law.
94 (2) A legislative office candidate may not deposit or mingle any contributions or public
95 service assistance received into a personal or business account.
96 (3) If a person who is no longer a legislative candidate chooses not to expend the
97 money remaining in a campaign account, the person shall continue to file the year-end
98 summary report required by Section 20A-11-302 until the statement of dissolution and final
99 summary report required by Section 20A-11-304 are filed with the lieutenant governor.
100 (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402 , a person who
101 is no longer a legislative office candidate may not expend or transfer the money in a campaign
102 account in a manner that would cause the former legislative office candidate to recognize the
103 money as taxable income under federal tax law.
104 (b) A person who is no longer a legislative office candidate may transfer the money in
105 a campaign account in a manner that would cause the former legislative office candidate to
106 recognize the money as taxable income under federal tax law if the transfer is made to a
107 campaign account for federal office.
108 (5) (a) As used in this Subsection (5) and Section 20A-11-303 , "received" means:
109 (i) for a cash contribution, that the cash is given to a legislative office candidate or a
110 member of the candidate's personal campaign committee;
111 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
112 instrument or check is negotiated; and
113 (iii) for any other type of contribution, that any portion of the contribution's benefit
114 inures to the legislative office candidate.
115 (b) Each legislative office candidate shall report each contribution and public service
116 assistance to the lieutenant governor within 30 days after the contribution or public service
117 assistance is received.
118 (6) (a) As used in this Subsection (6), "account" means an account in a financial
119 institution:
120 (i) that is not described in Subsection (1)(a)(i); and
121 (ii) into which or from which a person who, as a candidate for an office, other than a
122 legislative office for which the person files a declaration of candidacy or federal office, or as a
123 holder of an office, other than a legislative office for which the person files a declaration of
124 candidacy or federal office, deposits a contribution or makes an expenditure.
125 (b) A legislative office candidate shall include on any financial statement filed in
126 accordance with this part:
127 (i) a contribution deposited in an account:
128 (A) since the last campaign finance statement was filed; or
129 (B) that has not been reported under a statute or ordinance that governs the account; or
130 (ii) an expenditure made from an account:
131 (A) since the last campaign finance statement was filed; or
132 (B) that has not been reported under a statute or ordinance that governs the account.
133 (7) A legislative office candidate may not, during any two-year period, accept total
134 contributions from the same individual or source in an amount of $9,999 or more.
135 Section 3. Section 20A-11-1301 is amended to read:
136 20A-11-1301. School board office candidate -- Campaign finance requirements --
137 Candidate as a political action committee officer -- No personal use -- Report
138 contributions within 30 days -- Report other accounts.
139 (1) (a) (i) Each school board office candidate shall deposit each contribution and public
140 service assistance received in one or more separate accounts in a financial institution that are
141 dedicated only to that purpose.
142 (ii) A school board office candidate may:
143 (A) receive a contribution or public service assistance from a political action
144 committee registered under Section 20A-11-601 ; and
145 (B) be designated by a political action committee as an officer who has primary
146 decision-making authority as described in Section 20A-11-601 .
147 (b) A school board office candidate may not use money deposited in an account
148 described in Subsection (1)(a)(i) for:
149 (i) a personal use expenditure; or
150 (ii) an expenditure prohibited by law.
151 (2) A school board office candidate may not deposit or mingle any contributions or
152 public service assistance received into a personal or business account.
153 (3) A school board office candidate may not make any political expenditures prohibited
154 by law.
155 (4) If a person who is no longer a school board candidate chooses not to expend the
156 money remaining in a campaign account, the person shall continue to file the year-end
157 summary report required by Section 20A-11-1302 until the statement of dissolution and final
158 summary report required by Section 20A-11-1304 are filed with:
159 (a) the lieutenant governor in the case of a state school board candidate; and
160 (b) the county clerk, in the case of a local school board candidate.
161 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402 , a person who
162 is no longer a school board candidate may not expend or transfer the money in a campaign
163 account in a manner that would cause the former school board candidate to recognize the
164 money as taxable income under federal tax law.
165 (b) A person who is no longer a school board candidate may transfer the money in a
166 campaign account in a manner that would cause the former school board candidate to recognize
167 the money as taxable income under federal tax law if the transfer is made to a campaign
168 account for federal office.
169 (6) (a) As used in this Subsection (6) and Section 20A-11-1303 , "received" means:
170 (i) for a cash contribution, that the cash is given to a school board office candidate or a
171 member of the candidate's personal campaign committee;
172 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
173 instrument or check is negotiated; and
174 (iii) for any other type of contribution, that any portion of the contribution's benefit
175 inures to the school board office candidate.
176 (b) Each school board office candidate shall report to the chief election officer each
177 contribution and public service assistance within 30 days after the contribution or public
178 service assistance is received.
179 (7) (a) As used in this Subsection (7), "account" means an account in a financial
180 institution:
181 (i) that is not described in Subsection (1)(a)(i); and
182 (ii) into which or from which a person who, as a candidate for an office, other than a
183 school board office for which the person files a declaration of candidacy or federal office, or as
184 a holder of an office, other than a school board office for which the person files a declaration of
185 candidacy or federal office, deposits a contribution or makes an expenditure.
186 (b) A school board office candidate shall include on any financial statement filed in
187 accordance with this part:
188 (i) a contribution deposited in an account:
189 (A) since the last campaign finance statement was filed; or
190 (B) that has not been reported under a statute or ordinance that governs the account; or
191 (ii) an expenditure made from an account:
192 (A) since the last campaign finance statement was filed; or
193 (B) that has not been reported under a statute or ordinance that governs the account.
194 (8) A school board office candidate may not, during any two-year period, accept total
195 contributions from the same individual or source in an amount of $9,999 or more.
196 Section 4. Section 20A-12-303 is amended to read:
197 20A-12-303. Separate account for campaign funds -- Reporting contributions.
198 (1) The judge or the judge's personal campaign committee shall deposit each
199 contribution in one or more separate personal campaign accounts in a financial institution.
200 (2) The judge or the judge's personal campaign committee may not deposit or mingle
201 any contributions received into a personal or business account.
202 (3) (a) As used in this Subsection (3) and Section 20A-12-305 , "received" means:
203 (i) for a cash contribution, that the cash is given to a judge or the judge's personal
204 campaign committee;
205 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
206 instrument or check is negotiated; and
207 (iii) for any other type of contribution, that any portion of the contribution's benefit
208 inures to the judge.
209 (b) The judge or the judge's personal campaign committee shall report to the lieutenant
210 governor each contribution within 30 days after the contribution is received.
211 (4) A judge may not, during any two-year period, accept total contributions from the
212 same individual or source in an amount of $9,999 or more.
Legislative Review Note
as of 3-5-13 6:06 PM