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7 LONG TITLE
8 General Description:
9 This bill modifies definitions relating to campaign contributions.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that in-kind contributions and other contributions do not include the
13 provision of certain data and other information to a candidate or an officeholder.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 20A-11-101, as last amended by Laws of Utah 2021, Chapter 20
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 20A-11-101 is amended to read:
24 20A-11-101. Definitions.
25 As used in this chapter:
26 (1) (a) "Address" means the number and street where an individual resides or where a
27 reporting entity has its principal office.
28 (b) "Address" does not include a post office box.
29 (2) "Agent of a reporting entity" means:
30 (a) a person acting on behalf of a reporting entity at the direction of the reporting
31 entity;
32 (b) a person employed by a reporting entity in the reporting entity's capacity as a
33 reporting entity;
34 (c) the personal campaign committee of a candidate or officeholder;
35 (d) a member of the personal campaign committee of a candidate or officeholder in the
36 member's capacity as a member of the personal campaign committee of the candidate or
37 officeholder; or
38 (e) a political consultant of a reporting entity.
39 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
40 amendments, and any other ballot propositions submitted to the voters that are authorized by
41 the Utah Code Annotated 1953.
42 (4) "Candidate" means any person who:
43 (a) files a declaration of candidacy for a public office; or
44 (b) receives contributions, makes expenditures, or gives consent for any other person to
45 receive contributions or make expenditures to bring about the person's nomination or election
46 to a public office.
47 (5) "Chief election officer" means:
48 (a) the lieutenant governor for state office candidates, legislative office candidates,
49 officeholders, political parties, political action committees, corporations, political issues
50 committees, state school board candidates, judges, and labor organizations, as defined in
51 Section 20A-11-1501; and
52 (b) the county clerk for local school board candidates.
53 (6) (a) "Contribution" means any of the following when done for political purposes:
54 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
55 value given to the filing entity;
56 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
57 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
58 anything of value to the filing entity;
59 (iii) any transfer of funds from another reporting entity to the filing entity;
60 (iv) compensation paid by any person or reporting entity other than the filing entity for
61 personal services provided without charge to the filing entity;
62 (v) remuneration from:
63 (A) any organization or its directly affiliated organization that has a registered lobbyist;
64 or
65 (B) any agency or subdivision of the state, including school districts;
66 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
67 (vii) in-kind contributions.
68 (b) "Contribution" does not include:
69 (i) services provided by individuals volunteering a portion or all of their time on behalf
70 of the filing entity if the services are provided without compensation by the filing entity or any
71 other person;
72 (ii) money lent to the filing entity by a financial institution in the ordinary course of
73 business; [
74 (iii) goods or services provided for the benefit of a political entity at less than fair
75 market value that are not authorized by or coordinated with the political entity[
76 (iv) data or information described in Subsection (24)(b).
77 (7) "Coordinated with" means that goods or services provided for the benefit of a
78 political entity are provided:
79 (a) with the political entity's prior knowledge, if the political entity does not object;
80 (b) by agreement with the political entity;
81 (c) in coordination with the political entity; or
82 (d) using official logos, slogans, and similar elements belonging to a political entity.
83 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
84 organization that is registered as a corporation or is authorized to do business in a state and
85 makes any expenditure from corporate funds for:
86 (i) the purpose of expressly advocating for political purposes; or
87 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
88 proposition.
89 (b) "Corporation" does not mean:
90 (i) a business organization's political action committee or political issues committee; or
91 (ii) a business entity organized as a partnership or a sole proprietorship.
92 (9) "County political party" means, for each registered political party, all of the persons
93 within a single county who, under definitions established by the political party, are members of
94 the registered political party.
95 (10) "County political party officer" means a person whose name is required to be
96 submitted by a county political party to the lieutenant governor in accordance with Section
97 20A-8-402.
98 (11) "Detailed listing" means:
99 (a) for each contribution or public service assistance:
100 (i) the name and address of the individual or source making the contribution or public
101 service assistance, except to the extent that the name or address of the individual or source is
102 unknown;
103 (ii) the amount or value of the contribution or public service assistance; and
104 (iii) the date the contribution or public service assistance was made; and
105 (b) for each expenditure:
106 (i) the amount of the expenditure;
107 (ii) the goods or services acquired by the expenditure; and
108 (iii) the date the expenditure was made.
109 (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
110 for membership in the corporation, to a corporation without receiving full and adequate
111 consideration for the money.
112 (b) "Donor" does not include a person that signs a statement that the corporation may
113 not use the money for an expenditure or political issues expenditure.
114 (13) "Election" means each:
115 (a) regular general election;
116 (b) regular primary election; and
117 (c) special election at which candidates are eliminated and selected.
118 (14) "Electioneering communication" means a communication that:
119 (a) has at least a value of $10,000;
120 (b) clearly identifies a candidate or judge; and
121 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
122 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
123 identified candidate's or judge's election date.
124 (15) (a) "Expenditure" means any of the following made by a reporting entity or an
125 agent of a reporting entity on behalf of the reporting entity:
126 (i) any disbursement from contributions, receipts, or from the separate bank account
127 required by this chapter;
128 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
129 or anything of value made for political purposes;
130 (iii) an express, legally enforceable contract, promise, or agreement to make any
131 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
132 value for political purposes;
133 (iv) compensation paid by a filing entity for personal services rendered by a person
134 without charge to a reporting entity;
135 (v) a transfer of funds between the filing entity and a candidate's personal campaign
136 committee;
137 (vi) goods or services provided by the filing entity to or for the benefit of another
138 reporting entity for political purposes at less than fair market value; or
139 (vii) an independent expenditure, as defined in Section 20A-11-1702.
140 (b) "Expenditure" does not include:
141 (i) services provided without compensation by individuals volunteering a portion or all
142 of their time on behalf of a reporting entity;
143 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
144 business; or
145 (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
146 candidates for office or officeholders in states other than Utah.
147 (16) "Federal office" means the office of president of the United States, United States
148 Senator, or United States Representative.
149 (17) "Filing entity" means the reporting entity that is required to file a financial
150 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
151 (18) "Financial statement" includes any summary report, interim report, verified
152 financial statement, or other statement disclosing contributions, expenditures, receipts,
153 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
154 Retention Elections.
155 (19) "Governing board" means the individual or group of individuals that determine the
156 candidates and committees that will receive expenditures from a political action committee,
157 political party, or corporation.
158 (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
159 Incorporation, by which a geographical area becomes legally recognized as a city, town, or
160 metro township.
161 (21) "Incorporation election" means the election conducted under Section 10-2a-210 or
162 10-2a-404.
163 (22) "Incorporation petition" means a petition described in Section 10-2a-208.
164 (23) "Individual" means a natural person.
165 (24) (a) "In-kind contribution" means anything of value, other than money, that is
166 accepted by or coordinated with a filing entity.
167 (b) "In-kind contribution" does not include survey results, voter lists, voter contact
168 information, demographic data, voting trend data, or other information that:
169 (i) is not commissioned for the benefit of a particular candidate or officeholder; and
170 (ii) is offered at no cost to a candidate or officeholder.
171 (25) "Interim report" means a report identifying the contributions received and
172 expenditures made since the last report.
173 (26) "Legislative office" means the office of state senator, state representative, speaker
174 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
175 whip of any party caucus in either house of the Legislature.
176 (27) "Legislative office candidate" means a person who:
177 (a) files a declaration of candidacy for the office of state senator or state representative;
178 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
179 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
180 assistant whip of any party caucus in either house of the Legislature; or
181 (c) receives contributions, makes expenditures, or gives consent for any other person to
182 receive contributions or make expenditures to bring about the person's nomination, election, or
183 appointment to a legislative office.
184 (28) "Loan" means any of the following provided by a person that benefits a filing
185 entity if the person expects repayment or reimbursement:
186 (a) an expenditure made using any form of payment;
187 (b) money or funds received by the filing entity;
188 (c) the provision of a good or service with an agreement or understanding that payment
189 or reimbursement will be delayed; or
190 (d) use of any line of credit.
191 (29) "Major political party" means either of the two registered political parties that
192 have the greatest number of members elected to the two houses of the Legislature.
193 (30) "Officeholder" means a person who holds a public office.
194 (31) "Party committee" means any committee organized by or authorized by the
195 governing board of a registered political party.
196 (32) "Person" means both natural and legal persons, including individuals, business
197 organizations, personal campaign committees, party committees, political action committees,
198 political issues committees, and labor organizations, as defined in Section 20A-11-1501.
199 (33) "Personal campaign committee" means the committee appointed by a candidate to
200 act for the candidate as provided in this chapter.
201 (34) "Personal use expenditure" has the same meaning as provided under Section
202 20A-11-104.
203 (35) (a) "Political action committee" means an entity, or any group of individuals or
204 entities within or outside this state, a major purpose of which is to:
205 (i) solicit or receive contributions from any other person, group, or entity for political
206 purposes; or
207 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
208 vote for or against any candidate or person seeking election to a municipal or county office.
209 (b) "Political action committee" includes groups affiliated with a registered political
210 party but not authorized or organized by the governing board of the registered political party
211 that receive contributions or makes expenditures for political purposes.
212 (c) "Political action committee" does not mean:
213 (i) a party committee;
214 (ii) any entity that provides goods or services to a candidate or committee in the regular
215 course of its business at the same price that would be provided to the general public;
216 (iii) an individual;
217 (iv) individuals who are related and who make contributions from a joint checking
218 account;
219 (v) a corporation, except a corporation a major purpose of which is to act as a political
220 action committee; or
221 (vi) a personal campaign committee.
222 (36) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
223 by another person on behalf of and with the knowledge of the reporting entity, to provide
224 political advice to the reporting entity.
225 (b) "Political consultant" includes a circumstance described in Subsection (36)(a),
226 where the person:
227 (i) has already been paid, with money or other consideration;
228 (ii) expects to be paid in the future, with money or other consideration; or
229 (iii) understands that the person may, in the discretion of the reporting entity or another
230 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
231 money or other consideration.
232 (37) "Political convention" means a county or state political convention held by a
233 registered political party to select candidates.
234 (38) "Political entity" means a candidate, a political party, a political action committee,
235 or a political issues committee.
236 (39) (a) "Political issues committee" means an entity, or any group of individuals or
237 entities within or outside this state, a major purpose of which is to:
238 (i) solicit or receive donations from any other person, group, or entity to assist in
239 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
240 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
241 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
242 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
243 proposed ballot proposition or an incorporation in an incorporation election; or
244 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
245 ballot or to assist in keeping a ballot proposition off the ballot.
246 (b) "Political issues committee" does not mean:
247 (i) a registered political party or a party committee;
248 (ii) any entity that provides goods or services to an individual or committee in the
249 regular course of its business at the same price that would be provided to the general public;
250 (iii) an individual;
251 (iv) individuals who are related and who make contributions from a joint checking
252 account;
253 (v) a corporation, except a corporation a major purpose of which is to act as a political
254 issues committee; or
255 (vi) a group of individuals who:
256 (A) associate together for the purpose of challenging or supporting a single ballot
257 proposition, ordinance, or other governmental action by a county, city, town, local district,
258 special service district, or other local political subdivision of the state;
259 (B) have a common liberty, property, or financial interest that is directly impacted by
260 the ballot proposition, ordinance, or other governmental action;
261 (C) do not associate together, for the purpose described in Subsection (39)(b)(vi)(A),
262 via a legal entity;
263 (D) do not receive funds for challenging or supporting the ballot proposition,
264 ordinance, or other governmental action from a person other than an individual in the group;
265 and
266 (E) do not expend a total of more than $5,000 for the purpose described in Subsection
267 (39)(b)(vi)(A).
268 (40) (a) "Political issues contribution" means any of the following:
269 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
270 anything of value given to a political issues committee;
271 (ii) an express, legally enforceable contract, promise, or agreement to make a political
272 issues donation to influence the approval or defeat of any ballot proposition;
273 (iii) any transfer of funds received by a political issues committee from a reporting
274 entity;
275 (iv) compensation paid by another reporting entity for personal services rendered
276 without charge to a political issues committee; and
277 (v) goods or services provided to or for the benefit of a political issues committee at
278 less than fair market value.
279 (b) "Political issues contribution" does not include:
280 (i) services provided without compensation by individuals volunteering a portion or all
281 of their time on behalf of a political issues committee; or
282 (ii) money lent to a political issues committee by a financial institution in the ordinary
283 course of business.
284 (41) (a) "Political issues expenditure" means any of the following when made by a
285 political issues committee or on behalf of a political issues committee by an agent of the
286 reporting entity:
287 (i) any payment from political issues contributions made for the purpose of influencing
288 the approval or the defeat of:
289 (A) a ballot proposition; or
290 (B) an incorporation petition or incorporation election;
291 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
292 the express purpose of influencing the approval or the defeat of:
293 (A) a ballot proposition; or
294 (B) an incorporation petition or incorporation election;
295 (iii) an express, legally enforceable contract, promise, or agreement to make any
296 political issues expenditure;
297 (iv) compensation paid by a reporting entity for personal services rendered by a person
298 without charge to a political issues committee; or
299 (v) goods or services provided to or for the benefit of another reporting entity at less
300 than fair market value.
301 (b) "Political issues expenditure" does not include:
302 (i) services provided without compensation by individuals volunteering a portion or all
303 of their time on behalf of a political issues committee; or
304 (ii) money lent to a political issues committee by a financial institution in the ordinary
305 course of business.
306 (42) "Political purposes" means an act done with the intent or in a way to influence or
307 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
308 against any:
309 (a) candidate or a person seeking a municipal or county office at any caucus, political
310 convention, or election; or
311 (b) judge standing for retention at any election.
312 (43) (a) "Poll" means the survey of a person regarding the person's opinion or
313 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
314 ballot proposition that has legally qualified for placement on the ballot, which is conducted in
315 person or by telephone, facsimile, Internet, postal mail, or email.
316 (b) "Poll" does not include:
317 (i) a ballot; or
318 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
319 (A) the focus group consists of more than three, and less than thirteen, individuals; and
320 (B) all individuals in the focus group are present during the interview.
321 (44) "Primary election" means any regular primary election held under the election
322 laws.
323 (45) "Publicly identified class of individuals" means a group of 50 or more individuals
324 sharing a common occupation, interest, or association that contribute to a political action
325 committee or political issues committee and whose names can be obtained by contacting the
326 political action committee or political issues committee upon whose financial statement the
327 individuals are listed.
328 (46) "Public office" means the office of governor, lieutenant governor, state auditor,
329 state treasurer, attorney general, state school board member, state senator, state representative,
330 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
331 assistant whip of any party caucus in either house of the Legislature.
332 (47) (a) "Public service assistance" means the following when given or provided to an
333 officeholder to defray the costs of functioning in a public office or aid the officeholder to
334 communicate with the officeholder's constituents:
335 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
336 money or anything of value to an officeholder; or
337 (ii) goods or services provided at less than fair market value to or for the benefit of the
338 officeholder.
339 (b) "Public service assistance" does not include:
340 (i) anything provided by the state;
341 (ii) services provided without compensation by individuals volunteering a portion or all
342 of their time on behalf of an officeholder;
343 (iii) money lent to an officeholder by a financial institution in the ordinary course of
344 business;
345 (iv) news coverage or any publication by the news media; or
346 (v) any article, story, or other coverage as part of any regular publication of any
347 organization unless substantially all the publication is devoted to information about the
348 officeholder.
349 (48) "Receipts" means contributions and public service assistance.
350 (49) "Registered lobbyist" means a person licensed under Title 36, Chapter 11,
351 Lobbyist Disclosure and Regulation Act.
352 (50) "Registered political action committee" means any political action committee that
353 is required by this chapter to file a statement of organization with the Office of the Lieutenant
354 Governor.
355 (51) "Registered political issues committee" means any political issues committee that
356 is required by this chapter to file a statement of organization with the Office of the Lieutenant
357 Governor.
358 (52) "Registered political party" means an organization of voters that:
359 (a) participated in the last regular general election and polled a total vote equal to 2%
360 or more of the total votes cast for all candidates for the United States House of Representatives
361 for any of its candidates for any office; or
362 (b) has complied with the petition and organizing procedures of Chapter 8, Political
363 Party Formation and Procedures.
364 (53) (a) "Remuneration" means a payment:
365 (i) made to a legislator for the period the Legislature is in session; and
366 (ii) that is approximately equivalent to an amount a legislator would have earned
367 during the period the Legislature is in session in the legislator's ordinary course of business.
368 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
369 (i) the legislator's primary employer in the ordinary course of business; or
370 (ii) a person or entity in the ordinary course of business:
371 (A) because of the legislator's ownership interest in the entity; or
372 (B) for services rendered by the legislator on behalf of the person or entity.
373 (54) "Reporting entity" means a candidate, a candidate's personal campaign committee,
374 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
375 action committee, a political issues committee, a corporation, or a labor organization, as
376 defined in Section 20A-11-1501.
377 (55) "School board office" means the office of state school board.
378 (56) (a) "Source" means the person or entity that is the legal owner of the tangible or
379 intangible asset that comprises the contribution.
380 (b) "Source" means, for political action committees and corporations, the political
381 action committee and the corporation as entities, not the contributors to the political action
382 committee or the owners or shareholders of the corporation.
383 (57) "State office" means the offices of governor, lieutenant governor, attorney general,
384 state auditor, and state treasurer.
385 (58) "State office candidate" means a person who:
386 (a) files a declaration of candidacy for a state office; or
387 (b) receives contributions, makes expenditures, or gives consent for any other person to
388 receive contributions or make expenditures to bring about the person's nomination, election, or
389 appointment to a state office.
390 (59) "Summary report" means the year end report containing the summary of a
391 reporting entity's contributions and expenditures.
392 (60) "Supervisory board" means the individual or group of individuals that allocate
393 expenditures from a political issues committee.