files a declaration of candidacy for a public office; or
(b)
receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
Contribution: means any of the following when done for political purposes:
(i)
a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;
(ii)
an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;
(iii)
any transfer of funds from another reporting entity to the filing entity;
(iv)
compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
(v)
remuneration from:
(A)
any organization or its directly affiliated organization that has a registered lobbyist; or
(B)
any agency or subdivision of the state, including school districts;
(vi)
a loan made by a candidate deposited to the candidate's own campaign; and
Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
(i)
any disbursement from contributions, receipts, or from the separate bank account required by this chapter;
(ii)
a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
(iii)
an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;
(iv)
compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;
(v)
a transfer of funds between the filing entity and a candidate's personal campaign committee;
(vi)
goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value; or
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or 2. See Utah Code 20A-11-101
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
Personal use expenditure: includes :
(i)
a mortgage, rent, utility, or vehicle payment;
(ii)
a household food item or supply;
(iii)
a clothing expense, except:
(A)
clothing bearing the candidate's name or campaign slogan or logo that is used in the candidate's campaign; or
(B)
repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;
(iv)
an admission to a sporting, artistic, or recreational event or other form of entertainment;
(v)
dues, fees, or gratuities at a country club, health club, or recreational facility;
(vi)
a salary payment made to:
(A)
a candidate or officeholder; or
(B)
a person who has not provided a bona fide service to a candidate or officeholder;
(vii)
a vacation;
(viii)
a vehicle expense;
(ix)
a meal expense;
(x)
a travel expense;
(xi)
a payment of an administrative, civil, or criminal penalty;
(xii)
a satisfaction of a personal debt;
(xiii)
a personal service, including the service of an attorney, accountant, physician, or other professional person;
(xiv)
a membership fee for a professional or service organization; and
(xv)
a payment in excess of the fair market value of the item or service purchased. See Utah Code 20A-11-104
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Public office: means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
As used in this chapter, “personal use expenditure” means an expenditure that:
(i)
(A)
is not excluded from the definition of personal use expenditure by Subsection (2); and
(B)
primarily furthers a personal interest of a candidate or officeholder or a candidate’s or officeholder’s family, which interest is not connected with the performance of an activity as a candidate or an activity or duty of an officeholder; or
(ii)
would likely cause the candidate or officeholder to recognize the expenditure as taxable income under federal or state law.
(b)
“Personal use expenditure” includes:
(i)
a mortgage, rent, utility, or vehicle payment;
(ii)
a household food item or supply;
(iii)
a clothing expense, except:
(A)
clothing bearing the candidate’s name or campaign slogan or logo that is used in the candidate’s campaign; or
(B)
repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;
(iv)
an admission to a sporting, artistic, or recreational event or other form of entertainment;
(v)
dues, fees, or gratuities at a country club, health club, or recreational facility;
(vi)
a salary payment made to:
(A)
a candidate or officeholder; or
(B)
a person who has not provided a bona fide service to a candidate or officeholder;
(vii)
a vacation;
(viii)
a vehicle expense;
(ix)
a meal expense;
(x)
a travel expense;
(xi)
a payment of an administrative, civil, or criminal penalty;
(xii)
a satisfaction of a personal debt;
(xiii)
a personal service, including the service of an attorney, accountant, physician, or other professional person;
(xiv)
a membership fee for a professional or service organization; and
(xv)
a payment in excess of the fair market value of the item or service purchased.
(2)
As used in this chapter, “personal use expenditure” does not include an expenditure made:
(a)
for a political purpose;
(b)
for candidacy for public office;
(c)
to fulfill a duty or activity of an officeholder;
(d)
for a donation to a registered political party;
(e)
for a contribution to another candidate’s campaign account, including sponsorship of or attendance at an event, the primary purpose of which is to solicit a contribution for another candidate’s campaign account;
(f)
to return all or a portion of a contribution to a contributor;
(g)
for the following items, if made in connection with the candidacy for public office or an activity or duty of an officeholder:
(i)
(A)
a mileage allowance at the rate established by the Division of Finance under Section 63A-3-107; or
(B)
for motor fuel or special fuel, as defined in Section 59-13-102;
(ii)
a food expense, including food or beverages:
(A)
served at a campaign event;
(B)
served at a charitable event;
(C)
consumed, or provided to others, by a candidate while the candidate is engaged in campaigning;
(D)
consumed, or provided to others, by an officeholder while the officeholder is acting in the capacity of an officeholder; or
(E)
provided as a gift to an individual who works on a candidate’s campaign or who assists an officeholder in the officeholder’s capacity as an officeholder;
(iii)
a travel expense of a candidate, if the primary purpose of the travel is related to the candidate’s campaign, including airfare, car rental, other transportation, hotel, or other expenses incidental to the travel;
(iv)
a travel expense of an individual assisting a candidate, if the primary purpose of the travel by the individual is to assist the candidate with the candidate’s campaign, including an expense described in Subsection (2)(g)(iii);
(v)
a travel expense of an officeholder, if the primary purpose of the travel is related to an activity or duty of the officeholder, including an expense described in Subsection (2)(g)(iii);
(vi)
a travel expense of an individual assisting an officeholder, if the primary purpose of the travel by the individual is to assist the officeholder in an activity or duty of an officeholder, including an expense described in Subsection (2)(g)(iii);
(vii)
a payment for a service provided by an attorney or accountant;
(viii)
a tuition payment or registration fee for participation in a meeting or conference;
(ix)
a gift;
(x)
a payment for the following items in connection with an office space:
(A)
rent;
(B)
utilities;
(C)
a supply; or
(D)
furnishing;
(xi)
a booth at a meeting or event;
(xii)
educational material; or
(xiii)
an item purchased for a purpose related to a campaign or to an activity or duty of an officeholder;
(h)
to purchase or mail informational material, a survey, or a greeting card;
(i)
for a donation to a charitable organization, as defined by Section 13-22-2, including admission to or sponsorship of an event, the primary purpose of which is charitable solicitation, as defined in Section 13-22-2;
(j)
to repay a loan a candidate makes from the candidate’s personal account to the candidate’s campaign account;
(k)
to pay membership dues to a national organization whose primary purpose is to address general public policy;
(l)
for admission to or sponsorship of an event, the primary purpose of which is to promote the social, educational, or economic well-being of the state or the candidate’s or officeholder’s community;
(m)
for one or more guests of an officeholder or candidate to attend an event, meeting, or conference described in this Subsection (2), including related travel expenses and other expenses, if attendance by the guest is for a primary purpose described in Subsection (2)(g)(iv) or (vi); or
(n)
to pay childcare expenses of:
(i)
a candidate while the candidate is engaging in campaign activity; or
(ii)
an officeholder while the officeholder is engaging in the duties of an officeholder.
(3)
(a)
The lieutenant governor shall enforce this chapter prohibiting a personal use expenditure by:
(i)
evaluating a financial statement to identify a personal use expenditure; and
(ii)
commencing an informal adjudicative proceeding in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if the lieutenant governor has probable cause to believe a candidate or officeholder has made a personal use expenditure.
(b)
Following the proceeding, the lieutenant governor may issue a signed order requiring a candidate or officeholder who has made a personal use expenditure to:
(i)
remit an administrative penalty of an amount equal to 50% of the personal use expenditure to the lieutenant governor; and
(ii)
deposit the amount of the personal use expenditure in the campaign account from which the personal use expenditure was disbursed.
(c)
The lieutenant governor shall deposit money received under Subsection (3)(b)(i) in the General Fund.
