Representative Daniel McCay proposes the following substitute bill:


1     
CANDIDATE FUNDRAISING AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel McCay

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill permits a person to make a campaign contribution to a legislator or the
10     governor during a legislative session if the legislator or governor receiving the
11     contribution is running for federal office and the contribution is made to the governor's
12     or legislator's campaign for federal office.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     permits a person to make a campaign contribution to a legislator or the governor
17     during a legislative session if the legislator or governor receiving the contribution is
18     running for federal office and the contribution is made to the governor's or
19     legislator's campaign for federal office;
20          ▸     prohibits an individual who is a legislator or a governor, and who receives a lawful
21     contribution during a legislative session, from expending the contribution on the
22     individual's own campaign for public office until on or after the later of:
23               •     January 1 of the next calendar year; or
24               •     the day on which the individual files a declaration of candidacy; and
25          ▸     makes technical changes.

26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          36-11-305, as last amended by Laws of Utah 2011, Chapter 250
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 36-11-305 is amended to read:
36          36-11-305. Campaign contribution during session prohibited.
37          (1) As used in this section:
38          (a) "Candidate" means an individual who:
39          (i) files a declaration of candidacy for federal office; or
40          (ii) receives a political contribution, makes an expenditure, or gives consent for any
41     other person to receive a political contribution or make an expenditure to bring about the
42     individual's nomination or election to a federal office.
43          (b) "Federal office" means president of the United States, United States senator, or
44     United States representative.
45          (c) (i) "Legislative session" means an annual general session, veto override session, or
46     special session.
47          (ii) "Legislative session" does not include an extraordinary session.
48          (d) "Political committee" means:
49          (i) a political action committee, as defined in Section 20A-11-101; or
50          (ii) a political issues committee, as defined in Section 20A-11-101.
51          (e) "Political contribution" means a campaign contribution, or a contract, promise, or
52     agreement to make a campaign contribution, to:
53          (i) the governor, the governor's personal campaign committee, or a political action
54     committee controlled by the governor; or
55          (ii) a legislator, a legislator's personal campaign committee, or a political action
56     committee controlled by a legislator.

57          [(1) It is unlawful for a] (2) A person, lobbyist, principal, or political committee [to]
58     may not make a [campaign contribution or contract, promise, or agree to make a campaign
59     contribution to a legislator or a legislator's personal campaign committee, or a political action
60     committee controlled by a legislator during the time the Legislature is convened in annual
61     general session, veto override session, or special session] political contribution to a legislator
62     during a legislative session, unless the legislator is a candidate for federal office and the
63     contribution is made to the legislator's campaign for federal office.
64          [(2) It is unlawful for a] (3) A person, lobbyist, principal, or political committee [to]
65     may not make a [campaign contribution, or contract, promise, or agree to make a campaign
66     contribution, to the governor, the governor's personal campaign committee, or a political action
67     committee controlled by the governor during the time the Legislature is convened in annual
68     general session, veto override session, special session] political contribution to the governor
69     during a legislative session, or during the [time] period established [by the] in Utah
70     Constitution, Article VII, Section 8, for the governor to approve or veto bills passed by the
71     Legislature in the annual general session, unless the governor is a candidate for federal office
72     and the contribution is made to the governor's campaign for federal office.
73          (4) An individual who is a legislator or a governor, to whom a person, lobbyist,
74     principal, or political committee makes a lawful contribution under Subsection (2) or (3), may
75     not expend the political contribution on the individual's own political campaign for public
76     office, as defined in Section 20A-11-101, until on or after the later of:
77          (a) January 1 of the next calendar year after the calendar year in which the contribution
78     is made; or
79          (b) the day on which the individual files a declaration of candidacy for public office.
80          [(3) Any] (5) A person who violates this section is guilty of a class A misdemeanor.