Representative Fred C. Cox proposes the following substitute bill:


1     
CAMPAIGN FINANCE AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian S. King

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends Title 20A, Chapter 11, Campaign and Financial Reporting
10     Requirements, by establishing and enforcing contribution limits.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     establishes contribution limits;
15          ▸     makes it a class B misdemeanor to violate the contribution limits described in this
16     bill; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          20A-11-101, as last amended by Laws of Utah 2014, Chapters 18, 158, and 337
25     ENACTS:
26          20A-11-604, Utah Code Annotated 1953
27          20A-11-705, Utah Code Annotated 1953
28          20A-11-1504, Utah Code Annotated 1953
29          20A-11-1801, Utah Code Annotated 1953
30          20A-11-1802, Utah Code Annotated 1953
31          20A-11-1803, Utah Code Annotated 1953
32          20A-11-1804, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 20A-11-101 is amended to read:
36          20A-11-101. Definitions.
37          As used in this chapter:
38          (1) "Address" means the number and street where an individual resides or where a
39     reporting entity has its principal office.
40          (2) "Agent of a reporting entity" means:
41          (a) a person acting on behalf of a reporting entity at the direction of the reporting
42     entity;
43          (b) a person employed by a reporting entity in the reporting entity's capacity as a
44     reporting entity;
45          (c) the personal campaign committee of a candidate or officeholder;
46          (d) a member of the personal campaign committee of a candidate or officeholder in the
47     member's capacity as a member of the personal campaign committee of the candidate or
48     officeholder; or
49          (e) a political consultant of a reporting entity.
50          (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
51     amendments, and any other ballot propositions submitted to the voters that are authorized by
52     the Utah Code [Annotated 1953].
53          (4) "Candidate" means any person who:
54          (a) files a declaration of candidacy for a public office; or
55          (b) receives contributions, makes expenditures, or gives consent for any other person to
56     receive contributions or make expenditures to bring about the person's nomination or election
57     to a public office.
58          (5) "Cash" means currency or coinage that constitutes legal tender.
59          [(5)] (6) "Chief election officer" means:
60          (a) the lieutenant governor for state office candidates, legislative office candidates,
61     officeholders, political parties, political action committees, corporations, political issues
62     committees, state school board candidates, judges, and labor organizations, as defined in
63     Section 20A-11-1501; and
64          (b) the county clerk for local school board candidates.
65          [(6)] (7) (a) "Contribution" means any of the following when done for political
66     purposes:
67          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
68     value given to the filing entity;
69          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
70     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
71     anything of value to the filing entity;
72          (iii) any transfer of funds from another reporting entity to the filing entity;
73          (iv) compensation paid by any person or reporting entity other than the filing entity for
74     personal services provided without charge to the filing entity;
75          (v) remuneration from:
76          (A) any organization or its directly affiliated organization that has a registered lobbyist;
77     or
78          (B) any agency or subdivision of the state, including school districts;
79          (vi) a loan made by a candidate deposited to the candidate's own campaign; and
80          (vii) in-kind contributions.
81          (b) "Contribution" does not include:
82          (i) services provided by individuals volunteering a portion or all of their time on behalf
83     of the filing entity if the services are provided without compensation by the filing entity or any
84     other person;
85          (ii) money lent to the filing entity by a financial institution in the ordinary course of
86     business; or
87          (iii) goods or services provided for the benefit of a candidate or political party at less
88     than fair market value that are not authorized by or coordinated with the candidate or political
89     party.
90          (8) "Contribution cycle" means a two-year period that:
91          (a) begins on January 1 of each odd-numbered year; and
92          (b) ends on December 31 of the even-numbered year immediately following the
93     odd-numbered year described in Subsection (8)(a).
94          [(7)] (9) "Coordinated with" means that goods or services provided for the benefit of a
95     candidate or political party are provided:
96          (a) with the candidate's or political party's prior knowledge, if the candidate or political
97     party does not object;
98          (b) by agreement with the candidate or political party;
99          (c) in coordination with the candidate or political party; or
100          (d) using official logos, slogans, and similar elements belonging to a candidate or
101     political party.
102          [(8)] (10) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
103     organization that is registered as a corporation or is authorized to do business in a state and
104     makes any expenditure from corporate funds for:
105          (i) the purpose of expressly advocating for political purposes; or
106          (ii) the purpose of expressly advocating the approval or the defeat of any ballot
107     proposition.
108          (b) "Corporation" does not mean:
109          (i) a business organization's political action committee or political issues committee; or
110          (ii) a business entity organized as a partnership or a sole proprietorship.
111          [(9)] (11) "County political party" means, for each registered political party, all of the
112     persons within a single county who, under definitions established by the political party, are
113     members of the registered political party.
114          [(10)] (12) "County political party officer" means a person whose name is required to
115     be submitted by a county political party to the lieutenant governor in accordance with Section
116     20A-8-402.
117          [(11)] (13) "Detailed listing" means:
118          (a) for each contribution or public service assistance:
119          (i) the name and address of the individual or source making the contribution or public
120     service assistance;
121          (ii) the amount or value of the contribution or public service assistance; and
122          (iii) the date the contribution or public service assistance was made; and
123          (b) for each expenditure:
124          (i) the amount of the expenditure;
125          (ii) the person or entity to whom it was disbursed;
126          (iii) the specific purpose, item, or service acquired by the expenditure; and
127          (iv) the date the expenditure was made.
128          [(12)] (14) (a) "Donor" means a person that gives money, including a fee, due, or
129     assessment for membership in the corporation, to a corporation without receiving full and
130     adequate consideration for the money.
131          (b) "Donor" does not include a person that signs a statement that the corporation may
132     not use the money for an expenditure or political issues expenditure.
133          [(13)] (15) "Election" means each:
134          (a) regular general election;
135          (b) regular primary election; and
136          (c) special election at which candidates are eliminated and selected.
137          [(14)] (16) "Electioneering communication" means a communication that:
138          (a) has at least a value of $10,000;
139          (b) clearly identifies a candidate or judge; and
140          (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
141     facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
142     identified candidate's or judge's election date.
143          [(15)] (17) (a) "Expenditure" means any of the following made by a reporting entity or
144     an agent of a reporting entity on behalf of the reporting entity:
145          (i) any disbursement from contributions, receipts, or from the separate bank account
146     required by this chapter;
147          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
148     or anything of value made for political purposes;
149          (iii) an express, legally enforceable contract, promise, or agreement to make any
150     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
151     value for political purposes;
152          (iv) compensation paid by a filing entity for personal services rendered by a person
153     without charge to a reporting entity;
154          (v) a transfer of funds between the filing entity and a candidate's personal campaign
155     committee; or
156          (vi) goods or services provided by the filing entity to or for the benefit of another
157     reporting entity for political purposes at less than fair market value.
158          (b) "Expenditure" does not include:
159          (i) services provided without compensation by individuals volunteering a portion or all
160     of their time on behalf of a reporting entity;
161          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
162     business; or
163          (iii) anything listed in Subsection [(15)] (17)(a) that is given by a reporting entity to
164     candidates for office or officeholders in states other than Utah.
165          [(16)] (18) "Federal office" means the office of president of the United States, United
166     States Senator, or United States Representative.
167          [(17)] (19) "Filing entity" means the reporting entity that is required to file a financial
168     statement required by this chapter or Chapter 12, [Part 2, Judicial Retention Elections]
169     Selection and Election of Judges.
170          [(18)] (20) "Financial statement" includes any summary report, interim report, verified
171     financial statement, or other statement disclosing contributions, expenditures, receipts,
172     donations, or disbursements that is required by this chapter or Chapter 12, [Part 2, Judicial
173     Retention Elections] Selection and Election of Judges.
174          [(19)] (21) "Governing board" means the individual or group of individuals that
175     determine the candidates and committees that will receive expenditures from a political action
176     committee, political party, or corporation.
177          [(20)] (22) "Incorporation" means the process established by Title 10, Chapter 2, Part
178     1, Incorporation, by which a geographical area becomes legally recognized as a city or town.
179          [(21)] (23) "Incorporation election" means the election authorized by Section 10-2-111
180     or 10-2-127.
181          [(22)] (24) "Incorporation petition" means a petition authorized by Section 10-2-109 or
182     10-2-125.
183          [(23)] (25) "Individual" means a natural person.
184          [(24)] (26) "In-kind contribution" means anything of value, other than money, that is
185     accepted by or coordinated with a filing entity.
186          [(25)] (27) "Interim report" means a report identifying the contributions received and
187     expenditures made since the last report.
188          [(26)] (28) "Legislative office" means the office of state senator, state representative,
189     speaker of the House of Representatives, president of the Senate, and the leader, whip, and
190     assistant whip of any party caucus in either house of the Legislature.
191          [(27)] (29) "Legislative office candidate" means a person who:
192          (a) files a declaration of candidacy for the office of state senator or state representative;
193          (b) declares oneself to be a candidate for, or actively campaigns for, the position of
194     speaker of the House of Representatives, president of the Senate, or the leader, whip, and
195     assistant whip of any party caucus in either house of the Legislature; or
196          (c) receives contributions, makes expenditures, or gives consent for any other person to
197     receive contributions or make expenditures to bring about the person's nomination, election, or
198     appointment to a legislative office.
199          [(28)] (30) "Major political party" means either of the two registered political parties
200     that have the greatest number of members elected to the two houses of the Legislature.
201          [(29)] (31) "Officeholder" means a person who holds a public office.
202          [(30)] (32) "Party committee" means any committee organized by or authorized by the
203     governing board of a registered political party.
204          [(31)] (33) "Person" means both natural and legal persons, including individuals,
205     business organizations, personal campaign committees, party committees, political action
206     committees, political issues committees, and labor organizations, as defined in Section
207     20A-11-1501.
208          [(32)] (34) "Personal campaign committee" means the committee appointed by a
209     candidate to act for the candidate as provided in this chapter.
210          [(33)] (35) "Personal use expenditure" has the same meaning as provided under Section
211     20A-11-104.
212          [(34)] (36) (a) "Political action committee" means an entity, or any group of
213     individuals or entities within or outside this state, a major purpose of which is to:
214          (i) solicit or receive contributions from any other person, group, or entity for political
215     purposes; or
216          (ii) make expenditures to expressly advocate for any person to refrain from voting or to
217     vote for or against any candidate or person seeking election to a municipal or county office.
218          (b) "Political action committee" includes groups affiliated with a registered political
219     party but not authorized or organized by the governing board of the registered political party
220     that receive contributions or makes expenditures for political purposes.
221          (c) "Political action committee" does not mean:
222          (i) a party committee;
223          (ii) any entity that provides goods or services to a candidate or committee in the regular
224     course of its business at the same price that would be provided to the general public;
225          (iii) an individual;
226          (iv) individuals who are related and who make contributions from a joint checking
227     account;
228          (v) a corporation, except a corporation a major purpose of which is to act as a political
229     action committee; or
230          (vi) a personal campaign committee.
231          [(35)] (37) (a) "Political consultant" means a person who is paid by a reporting entity,
232     or paid by another person on behalf of and with the knowledge of the reporting entity, to
233     provide political advice to the reporting entity.
234          (b) "Political consultant" includes a circumstance described in Subsection [(35)]
235     (37)(a), where the person:
236          (i) has already been paid, with money or other consideration;
237          (ii) expects to be paid in the future, with money or other consideration; or
238          (iii) understands that the person may, in the discretion of the reporting entity or another
239     person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
240     money or other consideration.
241          [(36)] (38) "Political convention" means a county or state political convention held by
242     a registered political party to select candidates.
243          [(37)] (39) (a) "Political issues committee" means an entity, or any group of individuals
244     or entities within or outside this state, a major purpose of which is to:
245          (i) solicit or receive donations from any other person, group, or entity to assist in
246     placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
247     to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
248          (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
249     ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
250     proposed ballot proposition or an incorporation in an incorporation election; or
251          (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
252     ballot or to assist in keeping a ballot proposition off the ballot.
253          (b) "Political issues committee" does not mean:
254          (i) a registered political party or a party committee;
255          (ii) any entity that provides goods or services to an individual or committee in the
256     regular course of its business at the same price that would be provided to the general public;
257          (iii) an individual;
258          (iv) individuals who are related and who make contributions from a joint checking
259     account; or
260          (v) a corporation, except a corporation a major purpose of which is to act as a political
261     issues committee.
262          [(38)] (40) (a) "Political issues contribution" means any of the following:
263          (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
264     anything of value given to a political issues committee;
265          (ii) an express, legally enforceable contract, promise, or agreement to make a political
266     issues donation to influence the approval or defeat of any ballot proposition;
267          (iii) any transfer of funds received by a political issues committee from a reporting
268     entity;
269          (iv) compensation paid by another reporting entity for personal services rendered
270     without charge to a political issues committee; and
271          (v) goods or services provided to or for the benefit of a political issues committee at
272     less than fair market value.
273          (b) "Political issues contribution" does not include:
274          (i) services provided without compensation by individuals volunteering a portion or all
275     of their time on behalf of a political issues committee; or
276          (ii) money lent to a political issues committee by a financial institution in the ordinary
277     course of business.
278          [(39)] (41) (a) "Political issues expenditure" means any of the following when made by
279     a political issues committee or on behalf of a political issues committee by an agent of the
280     reporting entity:
281          (i) any payment from political issues contributions made for the purpose of influencing
282     the approval or the defeat of:
283          (A) a ballot proposition; or
284          (B) an incorporation petition or incorporation election;
285          (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
286     the express purpose of influencing the approval or the defeat of:
287          (A) a ballot proposition; or
288          (B) an incorporation petition or incorporation election;
289          (iii) an express, legally enforceable contract, promise, or agreement to make any
290     political issues expenditure;
291          (iv) compensation paid by a reporting entity for personal services rendered by a person
292     without charge to a political issues committee; or
293          (v) goods or services provided to or for the benefit of another reporting entity at less
294     than fair market value.
295          (b) "Political issues expenditure" does not include:
296          (i) services provided without compensation by individuals volunteering a portion or all
297     of their time on behalf of a political issues committee; or
298          (ii) money lent to a political issues committee by a financial institution in the ordinary
299     course of business.
300          [(40)] (42) "Political purposes" means an act done with the intent or in a way to
301     influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
302     for or against any candidate or a person seeking a municipal or county office at any caucus,
303     political convention, or election.
304          [(41)] (43) (a) "Poll" means the survey of a person regarding the person's opinion or
305     knowledge of an individual who has filed a declaration of candidacy for public office, or of a
306     ballot proposition that has legally qualified for placement on the ballot, which is conducted in
307     person or by telephone, facsimile, Internet, postal mail, or email.
308          (b) "Poll" does not include:
309          (i) a ballot; or
310          (ii) an interview of a focus group that is conducted, in person, by one individual, if:
311          (A) the focus group consists of more than three, and less than thirteen, individuals; and
312          (B) all individuals in the focus group are present during the interview.
313          [(42)] (44) "Primary election" means any regular primary election held under the
314     election laws.
315          [(43)] (45) "Public office" means the office of governor, lieutenant governor, state
316     auditor, state treasurer, attorney general, state school board member, state senator, state
317     representative, speaker of the House of Representatives, president of the Senate, and the leader,
318     whip, and assistant whip of any party caucus in either house of the Legislature.
319          [(44)] (46) (a) "Public service assistance" means the following when given or provided
320     to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
321     communicate with the officeholder's constituents:
322          (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
323     money or anything of value to an officeholder; or
324          (ii) goods or services provided at less than fair market value to or for the benefit of the
325     officeholder.
326          (b) "Public service assistance" does not include:
327          (i) anything provided by the state;
328          (ii) services provided without compensation by individuals volunteering a portion or all
329     of their time on behalf of an officeholder;
330          (iii) money lent to an officeholder by a financial institution in the ordinary course of
331     business;
332          (iv) news coverage or any publication by the news media; or
333          (v) any article, story, or other coverage as part of any regular publication of any
334     organization unless substantially all the publication is devoted to information about the
335     officeholder.
336          [(45)] (47) "Publicly identified class of individuals" means a group of 50 or more
337     individuals sharing a common occupation, interest, or association that contribute to a political
338     action committee or political issues committee and whose names can be obtained by contacting
339     the political action committee or political issues committee upon whose financial statement the
340     individuals are listed.
341          [(46)] (48) "Receipts" means contributions and public service assistance.
342          [(47)] (49) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
343     Lobbyist Disclosure and Regulation Act.
344          [(48)] (50) "Registered political action committee" means any political action
345     committee that is required by this chapter to file a statement of organization with the Office of
346     the Lieutenant Governor.
347          [(49)] (51) "Registered political issues committee" means any political issues
348     committee that is required by this chapter to file a statement of organization with the Office of
349     the Lieutenant Governor.
350          [(50)] (52) "Registered political party" means an organization of voters that:
351          (a) participated in the last regular general election and polled a total vote equal to 2%
352     or more of the total votes cast for all candidates for the United States House of Representatives
353     for any of its candidates for any office; or
354          (b) has complied with the petition and organizing procedures of Chapter 8, Political
355     Party Formation and Procedures.
356          [(51)] (53) (a) "Remuneration" means a payment:
357          (i) made to a legislator for the period the Legislature is in session; and
358          (ii) that is approximately equivalent to an amount a legislator would have earned
359     during the period the Legislature is in session in the legislator's ordinary course of business.
360          (b) "Remuneration" does not mean anything of economic value given to a legislator by:
361          (i) the legislator's primary employer in the ordinary course of business; or
362          (ii) a person or entity in the ordinary course of business:
363          (A) because of the legislator's ownership interest in the entity; or
364          (B) for services rendered by the legislator on behalf of the person or entity.
365          [(52)] (54) "Reporting entity" means a candidate, a candidate's personal campaign
366     committee, a judge, a judge's personal campaign committee, an officeholder, a party
367     committee, a political action committee, a political issues committee, a corporation, or a labor
368     organization, as defined in Section 20A-11-1501.
369          [(53)] (55) "School board office" means the office of state school board.
370          (56) "School board office candidate" means a person who:
371          (a) files a declaration of candidacy for a school board office; or
372          (b) receives contributions, makes expenditures, or gives consent for any other person to
373     receive contributions or make expenditures to bring about the person's nomination, election, or
374     appointment to a school board office.
375          [(54)] (57) (a) "Source" means the person or entity that is the legal owner of the
376     tangible or intangible asset that comprises the contribution.
377          (b) "Source" means, for political action committees and corporations, the political
378     action committee and the corporation as entities, not the contributors to the political action
379     committee or the owners or shareholders of the corporation.
380          [(55)] (58) "State office" means the offices of governor, lieutenant governor, attorney
381     general, state auditor, and state treasurer.
382          [(56)] (59) "State office candidate" means a person who:
383          (a) files a declaration of candidacy for a state office; or
384          (b) receives contributions, makes expenditures, or gives consent for any other person to
385     receive contributions or make expenditures to bring about the person's nomination, election, or
386     appointment to a state office.
387          [(57)] (60) "Summary report" means the year end report containing the summary of a
388     reporting entity's contributions and expenditures.
389          [(58)] (61) "Supervisory board" means the individual or group of individuals that
390     allocate expenditures from a political issues committee.
391          Section 2. Section 20A-11-604 is enacted to read:
392          20A-11-604. Limits on contributions by political action committees.
393          (1) A political action committee may not make contributions totaling more than the
394     following amounts per contribution cycle:
395          (a) $20,000 to one state office candidate;
396          (b) $10,000 to one legislative office candidate;
397          (c) $5,000 to one school board office candidate;
398          (d) $5,000 to one political issues committee;
399          (e) $5,000 to one judge;
400          (f) $40,000 to one registered political party;
401          (g) $40,000 to one political action committee; or
402          (h) $40,000 to one labor organization.
403          (2) A political action committee may not make a cash contribution in excess of $100.
404          (3) (a) As used in this Subsection (3), "consumer price index" is as described in
405     Section 1(f)(4), Internal Revenue Code, and as defined in Section 1(f)(5), Internal Revenue
406     Code.
407          (b) Beginning on January 1, 2017, the lieutenant governor shall, at the beginning of
408     each contribution cycle, increase or decrease the dollar amounts described in this section by a
409     percentage equal to the percentage difference between the consumer price index for the
410     preceding calendar year and the consumer price index for calendar year 2015, rounded to the
411     nearest whole dollar.
412          Section 3. Section 20A-11-705 is enacted to read:
413          20A-11-705. Limits on contributions by corporations.
414          (1) A corporation may not make contributions totaling more than the following
415     amounts per contribution cycle:
416          (a) $20,000 to one state office candidate;
417          (b) $10,000 to one legislative office candidate;
418          (c) $5,000 to one school board office candidate;
419          (d) $5,000 to one political issues committee;
420          (e) $5,000 to one judge;
421          (f) $40,000 to one registered political party;
422          (g) $40,000 to one political action committee; or
423          (h) $40,000 to one labor organization.
424          (2) A corporation may not make a cash contribution in excess of $100.
425          (3) (a) As used in this Subsection (3), "consumer price index" is as described in
426     Section 1(f)(4), Internal Revenue Code, and as defined in Section 1(f)(5), Internal Revenue
427     Code.
428          (b) Beginning on January 1, 2017, the lieutenant governor shall, at the beginning of
429     each contribution cycle, increase or decrease the dollar amounts described in this section by a
430     percentage equal to the percentage difference between the consumer price index for the
431     preceding calendar year and the consumer price index for calendar year 2015, rounded to the
432     nearest whole dollar.
433          Section 4. Section 20A-11-1504 is enacted to read:
434          20A-11-1504. Limits on contributions by labor organizations.
435          (1) As used in this section, "labor organization" is as defined in Section 20A-11-1402.
436          (2) A labor organization may not make contributions totaling more than the following
437     amounts per contribution cycle:
438          (a) $20,000 to one state office candidate;
439          (b) $10,000 to one legislative office candidate;
440          (c) $5,000 to one school board office candidate;
441          (d) $5,000 to one political issues committee;
442          (e) $5,000 to one judge;
443          (f) $40,000 to one registered political party;
444          (g) $40,000 to one political action committee; or
445          (h) $40,000 to one labor organization.
446          (3) A labor organization may not make a cash contribution in excess of $100.
447          (4) (a) As used in this Subsection (4), "consumer price index" is as described in
448     Section 1(f)(4), Internal Revenue Code, and as defined in Section 1(f)(5), Internal Revenue
449     Code.
450          (b) Beginning on January 1, 2017, the lieutenant governor shall, at the beginning of
451     each contribution cycle, increase or decrease the dollar amounts described in this section by a
452     percentage equal to the percentage difference between the consumer price index for the
453     preceding calendar year and the consumer price index for calendar year 2015, rounded to the
454     nearest whole dollar.
455          Section 5. Section 20A-11-1801 is enacted to read:
456     
Part 18. Contribution Limits

457          20A-11-1801. Title.
458          This part is known as "Contribution Limits."
459          Section 6. Section 20A-11-1802 is enacted to read:
460          20A-11-1802. Limits on contributions by an individual.
461          (1) Except as provided in Subsection (4), an individual may not make contributions
462     totaling more than the following amounts per contribution cycle:
463          (a) $20,000 to one state office candidate;
464          (b) $10,000 to one legislative office candidate;
465          (c) $5,000 to one school board office candidate;
466          (d) $5,000 to one political issues committee;
467          (e) $5,000 to one judge;
468          (f) $40,000 to one registered political party;
469          (g) $40,000 to one political action committee; or
470          (h) $40,000 to one labor organization.
471          (2) An individual may not make a cash contribution in excess of $100.
472          (3) (a) As used in this Subsection (3), "consumer price index" is as described in
473     Section 1(f)(4), Internal Revenue Code, and as defined in Section 1(f)(5), Internal Revenue
474     Code.
475          (b) Beginning on January 1, 2017, the lieutenant governor shall, at the beginning of
476     each contribution cycle, increase or decrease the dollar amounts described in this section by a
477     percentage equal to the percentage difference between the consumer price index for the
478     preceding calendar year and the consumer price index for calendar year 2015, rounded to the
479     nearest whole dollar.
480          (4) This section does not prohibit an individual from making a contribution of any
481     amount to himself or herself.
482          Section 7. Section 20A-11-1803 is enacted to read:
483          20A-11-1803. Contribution limit transition.
484          A person may not make a contribution between May 12, 2015, and December 31, 2017,
485     in excess of the applicable contribution limits established in Sections 20A-11-604,
486     20A-11-705, 20A-11-1504, and 20A-11-1802.
487          Section 8. Section 20A-11-1804 is enacted to read:
488          20A-11-1804. Penalty for contributions in excess of limit.
489          (1) A person that makes a contribution in excess of the contribution limits established
490     in Section 20A-11-604, 20A-11-705, 20A-11-1504, 20A-11-1802, or 20A-11-1803 is guilty of
491     a class B misdemeanor.
492          (2) A person that accepts a contribution in excess of the contribution limits established
493     in Section 20A-11-604, 20A-11-705, 20A-11-1504, 20A-11-1802, or 20A-11-1803 is guilty of
494     a class B misdemeanor.