1     
CAMPAIGN FUNDS USES AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends code provisions relating to the use of campaign funds.
10     Highlighted Provisions:
11          This bill:
12          ▸     permits a candidate for public office to use campaign funds to pay childcare
13     expenses while the candidate is engaged in campaign activity.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          10-3-209, as enacted by Laws of Utah 2015, Chapter 247
21          17-16-202, as enacted by Laws of Utah 2016, Chapter 50
22          20A-11-104, as last amended by Laws of Utah 2013, Chapter 320
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 10-3-209 is amended to read:
26          10-3-209. Personal use expenditure -- Authorized and prohibited uses of
27     campaign funds -- Enforcement -- Penalties.

28          (1) Unless a municipality adopts by ordinance more stringent definitions, the following
29     are defined terms for the purposes of this section:
30          (a) "Candidate" means a person who:
31          (i) files a declaration of candidacy for municipal office; or
32          (ii) receives contributions, makes expenditures, or gives consent for any other person to
33     receive contributions or make expenditures to bring about the person's nomination or election
34     to a public office.
35          (b) "Officeholder" means a person who is elected to and currently holds a municipal
36     office.
37          (c) (i) "Personal use expenditure" means an expenditure that:
38          (A) is not excluded from the definition of personal use expenditure by Subsection (2)
39     and primarily furthers a personal interest of a candidate or officeholder or a candidate's or
40     officeholder's family, which interest is not connected with the performance of an activity as a
41     candidate or an activity or duty of an officeholder; or
42          (B) would cause the candidate or officeholder to recognize the expenditure as taxable
43     income under federal law.
44          (ii) "Personal use expenditure" includes:
45          (A) a mortgage, rent, utility, or vehicle payment;
46          (B) a household food item or supply;
47          (C) clothing, except for clothing bearing the candidate's name or campaign slogan or
48     logo and that is used in the candidate's campaign;
49          (D) an admission to a sporting, artistic, or recreational event or other form of
50     entertainment;
51          (E) dues, fees, or gratuities at a country club, health club, or recreational facility;
52          (F) a salary payment made to a candidate, officeholder, or a person who has not
53     provided a bona fide service to a candidate or officeholder;
54          (G) a vacation;
55          (H) a vehicle expense;
56          (I) a meal expense;
57          (J) a travel expense;
58          (K) a payment of an administrative, civil, or criminal penalty;

59          (L) a satisfaction of a personal debt;
60          (M) a personal service, including the service of an attorney, accountant, physician, or
61     other professional person;
62          (N) a membership fee for a professional or service organization; and
63          (O) a payment in excess of the fair market value of the item or service purchased.
64          (2) As used in this section, "personal use expenditure" does not mean an expenditure
65     made:
66          (a) for a political purpose;
67          (b) for candidacy for public office;
68          (c) to fulfill a duty or activity of an officeholder;
69          (d) for a donation to a registered political party;
70          (e) for a contribution to another candidate's campaign account, including sponsorship
71     of or attendance at an event, the primary purpose of which is to solicit a contribution for
72     another candidate's campaign account;
73          (f) to return all or a portion of a contribution to a donor;
74          (g) for the following items, if made in connection with the candidacy for public office
75     or an activity or duty of an officeholder:
76          (i) (A) a mileage allowance at the rate established by the Division of Finance under
77     Section 63A-3-107; or
78          (B) for motor fuel or special fuel, as defined in Section 59-13-102;
79          (ii) a meal expense;
80          (iii) a travel expense, including an expense incurred for airfare or a rental vehicle;
81          (iv) a payment for a service provided by an attorney or accountant;
82          (v) a tuition payment or registration fee for participation in a meeting or conference;
83          (vi) a gift;
84          (vii) a payment for the following items in connection with an office space:
85          (A) rent;
86          (B) utilities;
87          (C) a supply; or
88          (D) furnishing;
89          (viii) a booth at a meeting or event; or

90          (ix) educational material;
91          (h) to purchase or mail informational material, a survey, or a greeting card;
92          (i) for a donation to a charitable organization, as defined by Section 13-22-2, including
93     admission to or sponsorship of an event, the primary purpose of which is charitable solicitation,
94     as defined in Section 13-22-2;
95          (j) to repay a loan a candidate makes from the candidate's personal account to the
96     candidate's campaign account;
97          (k) to pay membership dues to a national organization whose primary purpose is to
98     address general public policy;
99          (l) for admission to or sponsorship of an event, the primary purpose of which is to
100     promote the social, educational, or economic well-being of the state or the candidate's or
101     officeholder's community; [or]
102          (m) for one or more guests of an officeholder or candidate to attend an event, meeting,
103     or conference described in this Subsection (2)[.]; or
104          (n) to pay childcare expenses of a candidate while the candidate is engaged in
105     campaign activity.
106          (3) (a) A municipality may adopt an ordinance prohibiting a personal use expenditure
107     by a candidate with requirements that are more stringent than the requirements provided in
108     Subsection (4).
109          (b) The municipality may adopt definitions that are more stringent than those provided
110     in Subsection (1) or (2).
111          (c) If a municipality fails to adopt a personal use expenditure ordinance described in
112     Subsection (3)(a), a candidate shall comply with the requirements contained in Subsection (4).
113          (4) A candidate or an officeholder may not use money deposited into a campaign
114     account for:
115          (a) a personal use expenditure; or
116          (b) an expenditure prohibited by law.
117          (5) A municipality may enforce this section by adopting an ordinance:
118          (a) to provide for the evaluation of a campaign finance statement to identify a personal
119     use expenditure; and
120          (b) to commence informal adjudicative proceedings if, after an evaluation described in

121     Subsection (5)(a), there is probable cause to believe that a candidate or officeholder has made a
122     personal use expenditure.
123          (6) If, in accordance with the proceedings described in Subsection (5)(b) established in
124     municipal ordinance, a municipality determines that a candidate or officeholder has made a
125     personal use expenditure, the municipality:
126          (a) may require the candidate or officeholder to:
127          (i) remit an administrative penalty of an amount equal to 50% of the personal use
128     expenditure to the municipality; and
129          (ii) deposit the amount of the personal use expenditure into the campaign account from
130     which the personal use expenditure was disbursed; and
131          (b) shall deposit the money received under Subsection (6)(a)(i) into the municipal
132     general fund.
133          Section 2. Section 17-16-202 is amended to read:
134          17-16-202. Definitions.
135          As used in this part:
136          (1) (a) Except as provided in Subsection (1)(b), "contribution" means any of the
137     following when done for a political purpose:
138          (i) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
139     given to the filing entity;
140          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
141     subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
142     of value to the filing entity;
143          (iii) any transfer of funds from another reporting entity to the filing entity;
144          (iv) compensation paid by any person or reporting entity other than the filing entity for
145     personal services provided without charge to the filing entity;
146          (v) a loan made by a county office candidate or local school board candidate deposited
147     into the county office candidate's or local school board candidate's own campaign account; or
148          (vi) an in-kind contribution.
149          (b) "Contribution" does not include:
150          (i) services provided by an individual volunteering a portion or all of the individual's
151     time on behalf of the filing entity if the services are provided without compensation by the

152     filing entity or any other person;
153          (ii) money lent to the filing entity by a financial institution in the ordinary course of
154     business; or
155          (iii) goods or services provided for the benefit of a county office candidate or local
156     school board candidate at less than fair market value that are not authorized by or coordinated
157     with the county office candidate or the local school board candidate.
158          (2) "County office" means an office described in Section 17-53-101 that is required to
159     be filled by an election.
160          (3) "County office candidate" means an individual who:
161          (a) files a declaration of candidacy for a county office; or
162          (b) receives a contribution, makes an expenditure, or gives consent for any other person
163     to receive a contribution or make an expenditure to bring about the individual's nomination or
164     election to a county office.
165          (4) "County officer" means an individual who holds a county office.
166          (5) (a) Except as provided in Subsection (5)(b), "expenditure" means any of the
167     following made by a reporting entity or an agent of a reporting entity on behalf of the reporting
168     entity:
169          (i) any disbursement from contributions, receipts, or the separate bank account required
170     under Section 17-16-6.5;
171          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
172     or anything of value made for a political purpose;
173          (iii) an express, legally enforceable contract, promise, or agreement to make any
174     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
175     value for a political purpose;
176          (iv) compensation paid by a filing entity for personal services rendered by a person
177     without charge to a reporting entity;
178          (v) a transfer of funds between the filing entity and a county office candidate's, or a
179     local school board candidate's, personal campaign committee; or
180          (vi) goods or services provided by the filing entity to or for the benefit of another
181     reporting entity for a political purpose at less than fair market value.
182          (b) "Expenditure" does not include:

183          (i) services provided without compensation by an individual volunteering a portion or
184     all of the individual's time on behalf of a reporting entity;
185          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
186     business; or
187          (iii) anything described in Subsection (5)(a) that is given by a reporting entity to a
188     candidate or officer in another state.
189          (6) "Filing entity" means:
190          (a) a county office candidate;
191          (b) a county officer;
192          (c) a local school board candidate;
193          (d) a local school board member; or
194          (e) a reporting entity that is required to meet a campaign finance disclosure
195     requirement adopted by a county in accordance with Section 17-16-6.5.
196          (7) "In-kind contribution" means anything of value, other than money, that is accepted
197     by or coordinated with a filing entity.
198          (8) "Local school board candidate" means an individual who:
199          (a) files a declaration of candidacy for local school board; or
200          (b) receives a contribution, makes an expenditure, or gives consent for any other person
201     to receive a contribution or make an expenditure to bring about the individual's nomination or
202     election to a local school board.
203          (9) (a) "Personal use expenditure" means an expenditure that:
204          (i) (A) is not excluded from the definition of personal use expenditure by Subsection
205     (9)(c); and
206          (B) primarily furthers a personal interest of a county office candidate, county officer,
207     local school board candidate, or a local school board member, or a member of a county office
208     candidate's, county officer's, local school board candidate's, or local school board member's
209     family; or
210          (ii) would cause the county office candidate, county officer, local school board
211     candidate, or local school board member to recognize the expenditure as taxable income under
212     federal law.
213          (b) "Personal use expenditure" includes:

214          (i) a mortgage, rent, utility, or vehicle payment;
215          (ii) a household food item or supply;
216          (iii) clothing, except for clothing:
217          (A) bearing the county office candidate's or local school board candidate's name or
218     campaign slogan or logo; and
219          (B) used in the county office candidate's or local school board member's campaign;
220          (iv) admission to a sporting, artistic, or recreational event or other form of
221     entertainment;
222          (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
223          (vi) a salary payment made to:
224          (A) a county office candidate, county officer, local school board candidate, or local
225     school board member; or
226          (B) a person who has not provided a bona fide service to a county candidate, county
227     officer, local school board candidate, or local school board member;
228          (vii) a vacation;
229          (viii) a vehicle expense;
230          (ix) a meal expense;
231          (x) a travel expense;
232          (xi) payment of an administrative, civil, or criminal penalty;
233          (xii) satisfaction of a personal debt;
234          (xiii) a personal service, including the service of an attorney, accountant, physician, or
235     other professional person;
236          (xiv) a membership fee for a professional or service organization; and
237          (xv) a payment in excess of the fair market value of the item or service purchased.
238          (c) "Personal use expenditure" does not include an expenditure made:
239          (i) for a political purpose;
240          (ii) for candidacy for county office or local school board;
241          (iii) to fulfill a duty or activity of a county officer or local school board member;
242          (iv) for a donation to a registered political party;
243          (v) for a contribution to another candidate's campaign account, including sponsorship
244     of or attendance at an event, the primary purpose of which is to solicit a contribution for

245     another candidate's campaign account;
246          (vi) to return all or a portion of a contribution to a contributor;
247          (vii) for the following items, if made in connection with the candidacy for county
248     office or local school board, or an activity or duty of a county officer or local school board
249     member:
250          (A) a mileage allowance at the rate established by the political subdivision that
251     provides the mileage allowance;
252          (B) for motor fuel or special fuel, as defined in Section 59-13-102;
253          (C) a meal expense;
254          (D) a travel expense, including an expense incurred for airfare or a rental vehicle;
255          (E) a payment for a service provided by an attorney or accountant;
256          (F) a tuition payment or registration fee for participation in a meeting or conference;
257          (G) a gift;
258          (H) a payment for rent, utilities, a supply, or furnishings, in connection with an office
259     space;
260          (I) a booth at a meeting or event; or
261          (J) educational material;
262          (viii) to purchase or mail informational material, a survey, or a greeting card;
263          (ix) for a donation to a charitable organization, as defined in Section 13-22-2, including
264     admission to or sponsorship of an event, the primary purpose of which is charitable solicitation,
265     as defined in Section 13-22-2;
266          (x) to repay a loan a county office candidate or local school board candidate makes
267     from the candidate's personal account to the candidate's campaign account;
268          (xi) to pay membership dues to a national organization whose primary purpose is to
269     address general public policy;
270          (xii) for admission to or sponsorship of an event, the primary purpose of which is to
271     promote the social, educational, or economic well-being of the state or the county candidate's,
272     county officer's, local school board candidate's, or local school board member's community;
273          (xiii) for one or more guests of a county office candidate, county officer, local school
274     board candidate, or local school board member to attend an event, meeting, or conference
275     described in this Subsection (9)(c); [or]

276          (xiv) that is connected with the performance of an activity as a county office candidate
277     or local school board member, or an activity or duty of a county officer or local school board
278     member[.]; or
279          (xv) to pay childcare expenses of a candidate while the candidate is engaged in
280     campaign activity.
281          (10) "Political purpose" means an act done with the intent or in a way to influence or
282     tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
283     against any candidate or a person seeking an office at any caucus, political convention, or
284     election.
285          (11) "Reporting entity":
286          (a) means the same as that term is defined in Subsection 20A-11-101(52); and
287          (b) includes a county office candidate, a county office candidate's personal campaign
288     committee, a county officer, a local school board candidate, a local school board candidate's
289     personal campaign committee, and a local school board member.
290          Section 3. Section 20A-11-104 is amended to read:
291          20A-11-104. Personal use expenditure -- Authorized and prohibited uses of
292     campaign funds -- Enforcement -- Penalties.
293          (1) (a) As used in this chapter, "personal use expenditure" means an expenditure that:
294          (i) (A) is not excluded from the definition of personal use expenditure by Subsection
295     (2); and
296          (B) primarily furthers a personal interest of a candidate or officeholder or a candidate's
297     or officeholder's family, which interest is not connected with the performance of an activity as
298     a candidate or an activity or duty of an officeholder; or
299          (ii) would cause the candidate or officeholder to recognize the expenditure as taxable
300     income under federal law.
301          (b) "Personal use expenditure" includes:
302          (i) a mortgage, rent, utility, or vehicle payment;
303          (ii) a household food item or supply;
304          (iii) clothing, except for clothing:
305          (A) bearing the candidate's name or campaign slogan or logo; and
306          (B) used in the candidate's campaign;

307          (iv) an admission to a sporting, artistic, or recreational event or other form of
308     entertainment;
309          (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
310          (vi) a salary payment made to:
311          (A) a candidate or officeholder; or
312          (B) a person who has not provided a bona fide service to a candidate or officeholder;
313          (vii) a vacation;
314          (viii) a vehicle expense;
315          (ix) a meal expense;
316          (x) a travel expense;
317          (xi) a payment of an administrative, civil, or criminal penalty;
318          (xii) a satisfaction of a personal debt;
319          (xiii) a personal service, including the service of an attorney, accountant, physician, or
320     other professional person;
321          (xiv) a membership fee for a professional or service organization; and
322          (xv) a payment in excess of the fair market value of the item or service purchased.
323          (2) As used in this chapter, "personal use expenditure" does not mean an expenditure
324     made:
325          (a) for a political purpose;
326          (b) for candidacy for public office;
327          (c) to fulfill a duty or activity of an officeholder;
328          (d) for a donation to a registered political party;
329          (e) for a contribution to another candidate's campaign account, including sponsorship
330     of or attendance at an event, the primary purpose of which is to solicit a contribution for
331     another candidate's campaign account;
332          (f) to return all or a portion of a contribution to a contributor;
333          (g) for the following items, if made in connection with the candidacy for public office
334     or an activity or duty of an officeholder:
335          (i) (A) a mileage allowance at the rate established by the Division of Finance under
336     Section 63A-3-107; or
337          (B) for motor fuel or special fuel, as defined in Section 59-13-102;

338          (ii) a meal expense;
339          (iii) a travel expense, including an expense incurred for airfare or a rental vehicle;
340          (iv) a payment for a service provided by an attorney or accountant;
341          (v) a tuition payment or registration fee for participation in a meeting or conference;
342          (vi) a gift;
343          (vii) a payment for the following items in connection with an office space:
344          (A) rent;
345          (B) utilities;
346          (C) a supply; or
347          (D) furnishing;
348          (viii) a booth at a meeting or event; or
349          (ix) educational material;
350          (h) to purchase or mail informational material, a survey, or a greeting card;
351          (i) for a donation to a charitable organization, as defined by Section 13-22-2, including
352     admission to or sponsorship of an event, the primary purpose of which is charitable solicitation,
353     as defined in Section 13-22-2;
354          (j) to repay a loan a candidate makes from the candidate's personal account to the
355     candidate's campaign account;
356          (k) to pay membership dues to a national organization whose primary purpose is to
357     address general public policy;
358          (l) for admission to or sponsorship of an event, the primary purpose of which is to
359     promote the social, educational, or economic well-being of the state or the candidate's or
360     officeholder's community; [or]
361          (m) for one or more guests of an officeholder or candidate to attend an event, meeting,
362     or conference described in this Subsection (2)[.]; or
363          (n) to pay childcare expenses of a candidate while the candidate is engaged in
364     campaign activity.
365          (3) (a) The lieutenant governor shall enforce this chapter prohibiting a personal use
366     expenditure by:
367          (i) evaluating a financial statement to identify a personal use expenditure; and
368          (ii) commencing an informal adjudicative proceeding in accordance with Title 63G,

369     Chapter 4, Administrative Procedures Act, if the lieutenant governor has probable cause to
370     believe a candidate or officeholder has made a personal use expenditure.
371          (b) Following the proceeding, the lieutenant governor may issue a signed order
372     requiring a candidate or officeholder who has made a personal use expenditure to:
373          (i) remit an administrative penalty of an amount equal to 50% of the personal use
374     expenditure to the lieutenant governor; and
375          (ii) deposit the amount of the personal use expenditure in the campaign account from
376     which the personal use expenditure was disbursed.
377          (c) The lieutenant governor shall deposit money received under Subsection (3)(b)(i) in
378     the General Fund.