1     
CAMPAIGN FINANCE CHANGES

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K. Thurston

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill defines "loan" under Title 20A, Chapter 11, Campaign and Financial
10     Reporting Requirements.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines "loan" under Title 20A, Chapter 11, Campaign and Financial Reporting
14     Requirements.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          17-16-202, as enacted by Laws of Utah 2016, Chapter 50
22          20A-11-101, as last amended by Laws of Utah 2017, Chapter 452
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 17-16-202 is amended to read:
26          17-16-202. Definitions.
27          As used in this part:
28          (1) (a) Except as provided in Subsection (1)(b), "contribution" means any of the
29     following when done for a political purpose:

30          (i) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
31     given to the filing entity;
32          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
33     subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
34     of value to the filing entity;
35          (iii) any transfer of funds from another reporting entity to the filing entity;
36          (iv) compensation paid by any person or reporting entity other than the filing entity for
37     personal services provided without charge to the filing entity;
38          (v) a loan made by a county office candidate or local school board candidate deposited
39     into the county office candidate's or local school board candidate's own campaign account; or
40          (vi) an in-kind contribution.
41          (b) "Contribution" does not include:
42          (i) services provided by an individual volunteering a portion or all of the individual's
43     time on behalf of the filing entity if the services are provided without compensation by the
44     filing entity or any other person;
45          (ii) money lent to the filing entity by a financial institution in the ordinary course of
46     business; or
47          (iii) goods or services provided for the benefit of a county office candidate or local
48     school board candidate at less than fair market value that are not authorized by or coordinated
49     with the county office candidate or the local school board candidate.
50          (2) "County office" means an office described in Section 17-53-101 that is required to
51     be filled by an election.
52          (3) "County office candidate" means an individual who:
53          (a) files a declaration of candidacy for a county office; or
54          (b) receives a contribution, makes an expenditure, or gives consent for any other person
55     to receive a contribution or make an expenditure to bring about the individual's nomination or
56     election to a county office.
57          (4) "County officer" means an individual who holds a county office.

58          (5) (a) Except as provided in Subsection (5)(b), "expenditure" means any of the
59     following made by a reporting entity or an agent of a reporting entity on behalf of the reporting
60     entity:
61          (i) any disbursement from contributions, receipts, or the separate bank account required
62     under Section 17-16-6.5;
63          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
64     or anything of value made for a political purpose;
65          (iii) an express, legally enforceable contract, promise, or agreement to make any
66     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
67     value for a political purpose;
68          (iv) compensation paid by a filing entity for personal services rendered by a person
69     without charge to a reporting entity;
70          (v) a transfer of funds between the filing entity and a county office candidate's, or a
71     local school board candidate's, personal campaign committee; or
72          (vi) goods or services provided by the filing entity to or for the benefit of another
73     reporting entity for a political purpose at less than fair market value.
74          (b) "Expenditure" does not include:
75          (i) services provided without compensation by an individual volunteering a portion or
76     all of the individual's time on behalf of a reporting entity;
77          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
78     business; or
79          (iii) anything described in Subsection (5)(a) that is given by a reporting entity to a
80     candidate or officer in another state.
81          (6) "Filing entity" means:
82          (a) a county office candidate;
83          (b) a county officer;
84          (c) a local school board candidate;
85          (d) a local school board member; or

86          (e) a reporting entity that is required to meet a campaign finance disclosure
87     requirement adopted by a county in accordance with Section 17-16-6.5.
88          (7) "In-kind contribution" means anything of value, other than money, that is accepted
89     by or coordinated with a filing entity.
90          (8) "Local school board candidate" means an individual who:
91          (a) files a declaration of candidacy for local school board; or
92          (b) receives a contribution, makes an expenditure, or gives consent for any other person
93     to receive a contribution or make an expenditure to bring about the individual's nomination or
94     election to a local school board.
95          (9) (a) "Personal use expenditure" means an expenditure that:
96          (i) (A) is not excluded from the definition of personal use expenditure by Subsection
97     (9)(c); and
98          (B) primarily furthers a personal interest of a county office candidate, county officer,
99     local school board candidate, or a local school board member, or a member of a county office
100     candidate's, county officer's, local school board candidate's, or local school board member's
101     family; or
102          (ii) would cause the county office candidate, county officer, local school board
103     candidate, or local school board member to recognize the expenditure as taxable income under
104     federal law.
105          (b) "Personal use expenditure" includes:
106          (i) a mortgage, rent, utility, or vehicle payment;
107          (ii) a household food item or supply;
108          (iii) clothing, except for clothing:
109          (A) bearing the county office candidate's or local school board candidate's name or
110     campaign slogan or logo; and
111          (B) used in the county office candidate's or local school board member's campaign;
112          (iv) admission to a sporting, artistic, or recreational event or other form of
113     entertainment;

114          (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
115          (vi) a salary payment made to:
116          (A) a county office candidate, county officer, local school board candidate, or local
117     school board member; or
118          (B) a person who has not provided a bona fide service to a county candidate, county
119     officer, local school board candidate, or local school board member;
120          (vii) a vacation;
121          (viii) a vehicle expense;
122          (ix) a meal expense;
123          (x) a travel expense;
124          (xi) payment of an administrative, civil, or criminal penalty;
125          (xii) satisfaction of a personal debt;
126          (xiii) a personal service, including the service of an attorney, accountant, physician, or
127     other professional person;
128          (xiv) a membership fee for a professional or service organization; and
129          (xv) a payment in excess of the fair market value of the item or service purchased.
130          (c) "Personal use expenditure" does not include an expenditure made:
131          (i) for a political purpose;
132          (ii) for candidacy for county office or local school board;
133          (iii) to fulfill a duty or activity of a county officer or local school board member;
134          (iv) for a donation to a registered political party;
135          (v) for a contribution to another candidate's campaign account, including sponsorship
136     of or attendance at an event, the primary purpose of which is to solicit a contribution for
137     another candidate's campaign account;
138          (vi) to return all or a portion of a contribution to a contributor;
139          (vii) for the following items, if made in connection with the candidacy for county
140     office or local school board, or an activity or duty of a county officer or local school board
141     member:

142          (A) a mileage allowance at the rate established by the political subdivision that
143     provides the mileage allowance;
144          (B) for motor fuel or special fuel, as defined in Section 59-13-102;
145          (C) a meal expense;
146          (D) a travel expense, including an expense incurred for airfare or a rental vehicle;
147          (E) a payment for a service provided by an attorney or accountant;
148          (F) a tuition payment or registration fee for participation in a meeting or conference;
149          (G) a gift;
150          (H) a payment for rent, utilities, a supply, or furnishings, in connection with an office
151     space;
152          (I) a booth at a meeting or event; or
153          (J) educational material;
154          (viii) to purchase or mail informational material, a survey, or a greeting card;
155          (ix) for a donation to a charitable organization, as defined in Section 13-22-2, including
156     admission to or sponsorship of an event, the primary purpose of which is charitable solicitation,
157     as defined in Section 13-22-2;
158          (x) to repay a loan a county office candidate or local school board candidate makes
159     from the candidate's personal account to the candidate's campaign account;
160          (xi) to pay membership dues to a national organization whose primary purpose is to
161     address general public policy;
162          (xii) for admission to or sponsorship of an event, the primary purpose of which is to
163     promote the social, educational, or economic well-being of the state or the county candidate's,
164     county officer's, local school board candidate's, or local school board member's community;
165          (xiii) for one or more guests of a county office candidate, county officer, local school
166     board candidate, or local school board member to attend an event, meeting, or conference
167     described in this Subsection (9)(c); or
168          (xiv) that is connected with the performance of an activity as a county office candidate
169     or local school board member, or an activity or duty of a county officer or local school board

170     member.
171          (10) "Political purpose" means an act done with the intent or in a way to influence or
172     tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
173     against any candidate or a person seeking an office at any caucus, political convention, or
174     election.
175          (11) "Reporting entity":
176          (a) means the same as that term is defined in [Subsection] Section 20A-11-101[(52)];
177     and
178          (b) includes a county office candidate, a county office candidate's personal campaign
179     committee, a county officer, a local school board candidate, a local school board candidate's
180     personal campaign committee, and a local school board member.
181          Section 2. Section 20A-11-101 is amended to read:
182          20A-11-101. Definitions.
183          As used in this chapter:
184          (1) "Address" means the number and street where an individual resides or where a
185     reporting entity has its principal office.
186          (2) "Agent of a reporting entity" means:
187          (a) a person acting on behalf of a reporting entity at the direction of the reporting
188     entity;
189          (b) a person employed by a reporting entity in the reporting entity's capacity as a
190     reporting entity;
191          (c) the personal campaign committee of a candidate or officeholder;
192          (d) a member of the personal campaign committee of a candidate or officeholder in the
193     member's capacity as a member of the personal campaign committee of the candidate or
194     officeholder; or
195          (e) a political consultant of a reporting entity.
196          (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
197     amendments, and any other ballot propositions submitted to the voters that are authorized by

198     the Utah Code Annotated 1953.
199          (4) "Candidate" means any person who:
200          (a) files a declaration of candidacy for a public office; or
201          (b) receives contributions, makes expenditures, or gives consent for any other person to
202     receive contributions or make expenditures to bring about the person's nomination or election
203     to a public office.
204          (5) "Chief election officer" means:
205          (a) the lieutenant governor for state office candidates, legislative office candidates,
206     officeholders, political parties, political action committees, corporations, political issues
207     committees, state school board candidates, judges, and labor organizations, as defined in
208     Section 20A-11-1501; and
209          (b) the county clerk for local school board candidates.
210          (6) (a) "Contribution" means any of the following when done for political purposes:
211          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
212     value given to the filing entity;
213          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
214     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
215     anything of value to the filing entity;
216          (iii) any transfer of funds from another reporting entity to the filing entity;
217          (iv) compensation paid by any person or reporting entity other than the filing entity for
218     personal services provided without charge to the filing entity;
219          (v) remuneration from:
220          (A) any organization or its directly affiliated organization that has a registered lobbyist;
221     or
222          (B) any agency or subdivision of the state, including school districts;
223          (vi) a loan made by a candidate deposited to the candidate's own campaign; and
224          (vii) in-kind contributions.
225          (b) "Contribution" does not include:

226          (i) services provided by individuals volunteering a portion or all of their time on behalf
227     of the filing entity if the services are provided without compensation by the filing entity or any
228     other person;
229          (ii) money lent to the filing entity by a financial institution in the ordinary course of
230     business; or
231          (iii) goods or services provided for the benefit of a candidate or political party at less
232     than fair market value that are not authorized by or coordinated with the candidate or political
233     party.
234          (7) "Coordinated with" means that goods or services provided for the benefit of a
235     candidate or political party are provided:
236          (a) with the candidate's or political party's prior knowledge, if the candidate or political
237     party does not object;
238          (b) by agreement with the candidate or political party;
239          (c) in coordination with the candidate or political party; or
240          (d) using official logos, slogans, and similar elements belonging to a candidate or
241     political party.
242          (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
243     organization that is registered as a corporation or is authorized to do business in a state and
244     makes any expenditure from corporate funds for:
245          (i) the purpose of expressly advocating for political purposes; or
246          (ii) the purpose of expressly advocating the approval or the defeat of any ballot
247     proposition.
248          (b) "Corporation" does not mean:
249          (i) a business organization's political action committee or political issues committee; or
250          (ii) a business entity organized as a partnership or a sole proprietorship.
251          (9) "County political party" means, for each registered political party, all of the persons
252     within a single county who, under definitions established by the political party, are members of
253     the registered political party.

254          (10) "County political party officer" means a person whose name is required to be
255     submitted by a county political party to the lieutenant governor in accordance with Section
256     20A-8-402.
257          (11) "Detailed listing" means:
258          (a) for each contribution or public service assistance:
259          (i) the name and address of the individual or source making the contribution or public
260     service assistance, except to the extent that the name or address of the individual or source is
261     unknown;
262          (ii) the amount or value of the contribution or public service assistance; and
263          (iii) the date the contribution or public service assistance was made; and
264          (b) for each expenditure:
265          (i) the amount of the expenditure;
266          (ii) the person or entity to whom it was disbursed;
267          (iii) the specific purpose, item, or service acquired by the expenditure; and
268          (iv) the date the expenditure was made.
269          (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
270     for membership in the corporation, to a corporation without receiving full and adequate
271     consideration for the money.
272          (b) "Donor" does not include a person that signs a statement that the corporation may
273     not use the money for an expenditure or political issues expenditure.
274          (13) "Election" means each:
275          (a) regular general election;
276          (b) regular primary election; and
277          (c) special election at which candidates are eliminated and selected.
278          (14) "Electioneering communication" means a communication that:
279          (a) has at least a value of $10,000;
280          (b) clearly identifies a candidate or judge; and
281          (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising

282     facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
283     identified candidate's or judge's election date.
284          (15) (a) "Expenditure" means any of the following made by a reporting entity or an
285     agent of a reporting entity on behalf of the reporting entity:
286          (i) any disbursement from contributions, receipts, or from the separate bank account
287     required by this chapter;
288          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
289     or anything of value made for political purposes;
290          (iii) an express, legally enforceable contract, promise, or agreement to make any
291     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
292     value for political purposes;
293          (iv) compensation paid by a filing entity for personal services rendered by a person
294     without charge to a reporting entity;
295          (v) a transfer of funds between the filing entity and a candidate's personal campaign
296     committee; or
297          (vi) goods or services provided by the filing entity to or for the benefit of another
298     reporting entity for political purposes at less than fair market value.
299          (b) "Expenditure" does not include:
300          (i) services provided without compensation by individuals volunteering a portion or all
301     of their time on behalf of a reporting entity;
302          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
303     business; or
304          (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
305     candidates for office or officeholders in states other than Utah.
306          (16) "Federal office" means the office of president of the United States, United States
307     Senator, or United States Representative.
308          (17) "Filing entity" means the reporting entity that is required to file a financial
309     statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.

310          (18) "Financial statement" includes any summary report, interim report, verified
311     financial statement, or other statement disclosing contributions, expenditures, receipts,
312     donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
313     Retention Elections.
314          (19) "Governing board" means the individual or group of individuals that determine the
315     candidates and committees that will receive expenditures from a political action committee,
316     political party, or corporation.
317          (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
318     Incorporation, by which a geographical area becomes legally recognized as a city, town, or
319     metro township.
320          (21) "Incorporation election" means the election authorized by Section 10-2a-210,
321     10-2a-304, or 10-2a-404.
322          (22) "Incorporation petition" means a petition authorized by Section 10-2a-208 or
323     10-2a-302.5.
324          (23) "Individual" means a natural person.
325          (24) "In-kind contribution" means anything of value, other than money, that is accepted
326     by or coordinated with a filing entity.
327          (25) "Interim report" means a report identifying the contributions received and
328     expenditures made since the last report.
329          (26) "Legislative office" means the office of state senator, state representative, speaker
330     of the House of Representatives, president of the Senate, and the leader, whip, and assistant
331     whip of any party caucus in either house of the Legislature.
332          (27) "Legislative office candidate" means a person who:
333          (a) files a declaration of candidacy for the office of state senator or state representative;
334          (b) declares oneself to be a candidate for, or actively campaigns for, the position of
335     speaker of the House of Representatives, president of the Senate, or the leader, whip, and
336     assistant whip of any party caucus in either house of the Legislature; or
337          (c) receives contributions, makes expenditures, or gives consent for any other person to

338     receive contributions or make expenditures to bring about the person's nomination, election, or
339     appointment to a legislative office.
340          (28) "Loan" means any of the following provided by a person that benefits a filing
341     entity if the person expects repayment or reimbursement:
342          (a) an expenditure made using any form of payment;
343          (b) money or funds received by the filing entity;
344          (c) the provision of a good or service with an agreement or understanding that payment
345     or reimbursement will be delayed; or
346          (d) use of any line of credit.
347          [(28)] (29) "Major political party" means either of the two registered political parties
348     that have the greatest number of members elected to the two houses of the Legislature.
349          [(29)] (30) "Officeholder" means a person who holds a public office.
350          [(30)] (31) "Party committee" means any committee organized by or authorized by the
351     governing board of a registered political party.
352          [(31)] (32) "Person" means both natural and legal persons, including individuals,
353     business organizations, personal campaign committees, party committees, political action
354     committees, political issues committees, and labor organizations, as defined in Section
355     20A-11-1501.
356          [(32)] (33) "Personal campaign committee" means the committee appointed by a
357     candidate to act for the candidate as provided in this chapter.
358          [(33)] (34) "Personal use expenditure" has the same meaning as provided under Section
359     20A-11-104.
360          [(34)] (35) (a) "Political action committee" means an entity, or any group of
361     individuals or entities within or outside this state, a major purpose of which is to:
362          (i) solicit or receive contributions from any other person, group, or entity for political
363     purposes; or
364          (ii) make expenditures to expressly advocate for any person to refrain from voting or to
365     vote for or against any candidate or person seeking election to a municipal or county office.

366          (b) "Political action committee" includes groups affiliated with a registered political
367     party but not authorized or organized by the governing board of the registered political party
368     that receive contributions or makes expenditures for political purposes.
369          (c) "Political action committee" does not mean:
370          (i) a party committee;
371          (ii) any entity that provides goods or services to a candidate or committee in the regular
372     course of its business at the same price that would be provided to the general public;
373          (iii) an individual;
374          (iv) individuals who are related and who make contributions from a joint checking
375     account;
376          (v) a corporation, except a corporation a major purpose of which is to act as a political
377     action committee; or
378          (vi) a personal campaign committee.
379          [(35)] (36) (a) "Political consultant" means a person who is paid by a reporting entity,
380     or paid by another person on behalf of and with the knowledge of the reporting entity, to
381     provide political advice to the reporting entity.
382          (b) "Political consultant" includes a circumstance described in Subsection [(35)]
383     (36)(a), where the person:
384          (i) has already been paid, with money or other consideration;
385          (ii) expects to be paid in the future, with money or other consideration; or
386          (iii) understands that the person may, in the discretion of the reporting entity or another
387     person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
388     money or other consideration.
389          [(36)] (37) "Political convention" means a county or state political convention held by
390     a registered political party to select candidates.
391          [(37)] (38) (a) "Political issues committee" means an entity, or any group of individuals
392     or entities within or outside this state, a major purpose of which is to:
393          (i) solicit or receive donations from any other person, group, or entity to assist in

394     placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
395     to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
396          (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
397     ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
398     proposed ballot proposition or an incorporation in an incorporation election; or
399          (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
400     ballot or to assist in keeping a ballot proposition off the ballot.
401          (b) "Political issues committee" does not mean:
402          (i) a registered political party or a party committee;
403          (ii) any entity that provides goods or services to an individual or committee in the
404     regular course of its business at the same price that would be provided to the general public;
405          (iii) an individual;
406          (iv) individuals who are related and who make contributions from a joint checking
407     account;
408          (v) a corporation, except a corporation a major purpose of which is to act as a political
409     issues committee; or
410          (vi) a group of individuals who:
411          (A) associate together for the purpose of challenging or supporting a single ballot
412     proposition, ordinance, or other governmental action by a county, city, town, local district,
413     special service district, or other local political subdivision of the state;
414          (B) have a common liberty, property, or financial interest that is directly impacted by
415     the ballot proposition, ordinance, or other governmental action;
416          (C) do not associate together, for the purpose described in Subsection [(37)]
417     (38)(b)(vi)(A), via a legal entity;
418          (D) do not receive funds for challenging or supporting the ballot proposition,
419     ordinance, or other governmental action from a person other than an individual in the group;
420     and
421          (E) do not expend a total of more than $5,000 for the purpose described in Subsection

422     [(37)] (38)(b)(vi)(A).
423          [(38)] (39) (a) "Political issues contribution" means any of the following:
424          (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
425     anything of value given to a political issues committee;
426          (ii) an express, legally enforceable contract, promise, or agreement to make a political
427     issues donation to influence the approval or defeat of any ballot proposition;
428          (iii) any transfer of funds received by a political issues committee from a reporting
429     entity;
430          (iv) compensation paid by another reporting entity for personal services rendered
431     without charge to a political issues committee; and
432          (v) goods or services provided to or for the benefit of a political issues committee at
433     less than fair market value.
434          (b) "Political issues contribution" does not include:
435          (i) services provided without compensation by individuals volunteering a portion or all
436     of their time on behalf of a political issues committee; or
437          (ii) money lent to a political issues committee by a financial institution in the ordinary
438     course of business.
439          [(39)] (40) (a) "Political issues expenditure" means any of the following when made by
440     a political issues committee or on behalf of a political issues committee by an agent of the
441     reporting entity:
442          (i) any payment from political issues contributions made for the purpose of influencing
443     the approval or the defeat of:
444          (A) a ballot proposition; or
445          (B) an incorporation petition or incorporation election;
446          (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
447     the express purpose of influencing the approval or the defeat of:
448          (A) a ballot proposition; or
449          (B) an incorporation petition or incorporation election;

450          (iii) an express, legally enforceable contract, promise, or agreement to make any
451     political issues expenditure;
452          (iv) compensation paid by a reporting entity for personal services rendered by a person
453     without charge to a political issues committee; or
454          (v) goods or services provided to or for the benefit of another reporting entity at less
455     than fair market value.
456          (b) "Political issues expenditure" does not include:
457          (i) services provided without compensation by individuals volunteering a portion or all
458     of their time on behalf of a political issues committee; or
459          (ii) money lent to a political issues committee by a financial institution in the ordinary
460     course of business.
461          [(40)] (41) "Political purposes" means an act done with the intent or in a way to
462     influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
463     for or against any:
464          (a) candidate or a person seeking a municipal or county office at any caucus, political
465     convention, or election; or
466          (b) judge standing for retention at any election.
467          [(41)] (42) (a) "Poll" means the survey of a person regarding the person's opinion or
468     knowledge of an individual who has filed a declaration of candidacy for public office, or of a
469     ballot proposition that has legally qualified for placement on the ballot, which is conducted in
470     person or by telephone, facsimile, Internet, postal mail, or email.
471          (b) "Poll" does not include:
472          (i) a ballot; or
473          (ii) an interview of a focus group that is conducted, in person, by one individual, if:
474          (A) the focus group consists of more than three, and less than thirteen, individuals; and
475          (B) all individuals in the focus group are present during the interview.
476          [(42)] (43) "Primary election" means any regular primary election held under the
477     election laws.

478          [(43)] (44) "Publicly identified class of individuals" means a group of 50 or more
479     individuals sharing a common occupation, interest, or association that contribute to a political
480     action committee or political issues committee and whose names can be obtained by contacting
481     the political action committee or political issues committee upon whose financial statement the
482     individuals are listed.
483          [(44)] (45) "Public office" means the office of governor, lieutenant governor, state
484     auditor, state treasurer, attorney general, state school board member, state senator, state
485     representative, speaker of the House of Representatives, president of the Senate, and the leader,
486     whip, and assistant whip of any party caucus in either house of the Legislature.
487          [(45)] (46) (a) "Public service assistance" means the following when given or provided
488     to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
489     communicate with the officeholder's constituents:
490          (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
491     money or anything of value to an officeholder; or
492          (ii) goods or services provided at less than fair market value to or for the benefit of the
493     officeholder.
494          (b) "Public service assistance" does not include:
495          (i) anything provided by the state;
496          (ii) services provided without compensation by individuals volunteering a portion or all
497     of their time on behalf of an officeholder;
498          (iii) money lent to an officeholder by a financial institution in the ordinary course of
499     business;
500          (iv) news coverage or any publication by the news media; or
501          (v) any article, story, or other coverage as part of any regular publication of any
502     organization unless substantially all the publication is devoted to information about the
503     officeholder.
504          [(46)] (47) "Receipts" means contributions and public service assistance.
505          [(47)] (48) "Registered lobbyist" means a person registered under Title 36, Chapter 11,

506     Lobbyist Disclosure and Regulation Act.
507          [(48)] (49) "Registered political action committee" means any political action
508     committee that is required by this chapter to file a statement of organization with the Office of
509     the Lieutenant Governor.
510          [(49)] (50) "Registered political issues committee" means any political issues
511     committee that is required by this chapter to file a statement of organization with the Office of
512     the Lieutenant Governor.
513          [(50)] (51) "Registered political party" means an organization of voters that:
514          (a) participated in the last regular general election and polled a total vote equal to 2%
515     or more of the total votes cast for all candidates for the United States House of Representatives
516     for any of its candidates for any office; or
517          (b) has complied with the petition and organizing procedures of Chapter 8, Political
518     Party Formation and Procedures.
519          [(51)] (52) (a) "Remuneration" means a payment:
520          (i) made to a legislator for the period the Legislature is in session; and
521          (ii) that is approximately equivalent to an amount a legislator would have earned
522     during the period the Legislature is in session in the legislator's ordinary course of business.
523          (b) "Remuneration" does not mean anything of economic value given to a legislator by:
524          (i) the legislator's primary employer in the ordinary course of business; or
525          (ii) a person or entity in the ordinary course of business:
526          (A) because of the legislator's ownership interest in the entity; or
527          (B) for services rendered by the legislator on behalf of the person or entity.
528          [(52)] (53) "Reporting entity" means a candidate, a candidate's personal campaign
529     committee, a judge, a judge's personal campaign committee, an officeholder, a party
530     committee, a political action committee, a political issues committee, a corporation, or a labor
531     organization, as defined in Section 20A-11-1501.
532          [(53)] (54) "School board office" means the office of state school board.
533          [(54)] (55) (a) "Source" means the person or entity that is the legal owner of the

534     tangible or intangible asset that comprises the contribution.
535          (b) "Source" means, for political action committees and corporations, the political
536     action committee and the corporation as entities, not the contributors to the political action
537     committee or the owners or shareholders of the corporation.
538          [(55)] (56) "State office" means the offices of governor, lieutenant governor, attorney
539     general, state auditor, and state treasurer.
540          [(56)] (57) "State office candidate" means a person who:
541          (a) files a declaration of candidacy for a state office; or
542          (b) receives contributions, makes expenditures, or gives consent for any other person to
543     receive contributions or make expenditures to bring about the person's nomination, election, or
544     appointment to a state office.
545          [(57)] (58) "Summary report" means the year end report containing the summary of a
546     reporting entity's contributions and expenditures.
547          [(58)] (59) "Supervisory board" means the individual or group of individuals that
548     allocate expenditures from a political issues committee.