Utah Code 20A-12-301. Definitions

20A-12-301. Definitions.
As used in this part:

(1)

Terms Used In Utah Code 20A-12-301

Contract: A legal written agreement that becomes binding when signed.
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 judge or the judge's personal campaign committee;

(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 judge or the judge's personal campaign committee;

(iii)

any transfer of funds from another reporting entity or a corporation to the judge or the judge's personal campaign committee;

(iv)	compensation paid by any person or reporting entity other than the judge or the judge's personal campaign committee for personal services provided without charge to the judge or the judge's personal campaign committee; and

(v)

goods or services provided to or for the benefit of the judge or the judge's personal campaign committee at less than fair market value. See Utah Code 20A-12-301

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Corporation: means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes any expenditure from corporate funds for political purposes. See Utah Code 20A-12-301

Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102

Expenditure: means :

(i)	any disbursement from contributions 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 corporation or reporting entity for personal services rendered by a person without charge to the judge or the judge's personal campaign committee;

(v)	a transfer of funds between the judge's personal campaign committee and another judge's personal campaign committee; or

(vi)

goods or services provided by the judge's personal campaign committee to or for the benefit of another judge for political purposes at less than fair market value. See Utah Code 20A-12-301

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.

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Individual: means a natural person. See Utah Code 20A-12-301

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Person: means :Utah Code 68-3-12.5

Personal campaign committee: means the committee appointed by a judge to act for the judge as provided in this chapter. See Utah Code 20A-12-301

Political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any judge standing for retention at any election. See Utah Code 20A-12-301

Reporting entity: means a judge, judge's personal campaign committee, candidate, a candidate's personal campaign committee, an officeholder, and a party committee, a political action committee, and a political issues committee. See Utah Code 20A-12-301

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)

“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 judge or the judge’s personal campaign committee;

(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 judge or the judge’s personal campaign committee;

(iii)

any transfer of funds from another reporting entity or a corporation to the judge or the judge’s personal campaign committee;

(iv)	compensation paid by any person or reporting entity other than the judge or the judge’s personal campaign committee for personal services provided without charge to the judge or the judge’s personal campaign committee; and

(v)	goods or services provided to or for the benefit of the judge or the judge’s personal campaign committee at less than fair market value.

(b)

“Contribution” does not include:

(i)	services provided without compensation by individuals volunteering a portion or all of their time on behalf of the judge or the judge’s personal campaign committee; or

(ii)	money lent to the judge or the judge’s personal campaign committee by a financial institution in the ordinary course of business.

(2)

(a)	“Corporation” means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes any expenditure from corporate funds for political purposes.

(b)

“Corporation” does not mean:

(i)	a business organization’s political action committee as defined in Section 20A-11-101 or political issues committee as defined in Section 20A-11-101; or

(ii)	a business entity organized as a partnership or a sole proprietorship.

(3)

“Detailed listing” means:

(a)

for each contribution:

(i)	the name and address of the individual or source making the contribution, to the extent that the name or address of the individual or source is known;

(ii)	the amount or value of the contribution; and

(iii)

the date the contribution was made; and

(b)

for each expenditure:

(i)	the amount of the expenditure;

(ii)	the person or entity to whom it was disbursed;

(iii)

the specific purpose, item, or service acquired by the expenditure; and

(iv)	the date the expenditure was made.

(4)

(a)

“Expenditure” means:

(i)	any disbursement from contributions 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)

(iv)	compensation paid by a corporation or reporting entity for personal services rendered by a person without charge to the judge or the judge’s personal campaign committee;

(v)	a transfer of funds between the judge’s personal campaign committee and another judge’s personal campaign committee; or

(vi)	goods or services provided by the judge’s personal campaign committee to or for the benefit of another judge for political purposes at less than fair market value.

(b)

“Expenditure” does not include:

(i)	services provided without compensation by individuals volunteering a portion or all of their time on behalf of the judge or judge’s personal campaign committee; or

(ii)	money lent to a judge’s personal campaign committee by a financial institution in the ordinary course of business.

(5)	“Individual” means a natural person.

(6)	“Interim report” means a report identifying the contributions received and expenditures made since the last report.

(7)	“Personal campaign committee” means the committee appointed by a judge to act for the judge as provided in this chapter.

(8)	“Political purposes” means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any judge standing for retention at any election.

(9)	“Reporting entity” means a judge, judge’s personal campaign committee, candidate, a candidate’s personal campaign committee, an officeholder, and a party committee, a political action committee, and a political issues committee.

(10)	“Summary report” means the year-end report containing the summary of a reporting entity’s contributions and expenditures.

Amended by Chapter 21, 2015 General Session

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