2023 Utah Code › Title 17 - Counties › Chapter 16 - County Officers › Part 2 - Personal Use Expenditure › Section 202 - Definitions.

Effective 5/14/2019
17-16-202.
Definitions.
As used in this part:
(1)
(a) Except as provided in Subsection (1)(b), "contribution" means any of the following when done for a political purpose:
(i) a gift, subscription, donation, loan, advance, 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, 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) a loan made by a county office candidate or local school board candidate deposited into the county office candidate's or local school board candidate's own campaign account; or
(vi) an in-kind contribution.
(b) "Contribution" does not include:
(i) services provided by an individual volunteering a portion or all of the individual's time on behalf of the filing entity if the services are provided without compensation by the filing entity or any other person;
(ii) money lent to the filing entity by a financial institution in the ordinary course of business; or
(iii) goods or services provided for the benefit of a county office candidate or local school board candidate at less than fair market value that are not authorized by or coordinated with the county office candidate or the local school board candidate.
(2) "County office" means an office described in Section 17-53-101 that is required to be filled by an election.
(3) "County office candidate" means an individual who:
(a) files a declaration of candidacy for a county office; or
(b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a county office.
(4) "County officer" means an individual who holds a county office.
(5)
(a) Except as provided in Subsection (5)(b), "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 the separate bank account required under Section 17-16-6.5;
(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for a political purpose;
(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 a political purpose;
(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 county office candidate's, or a local school board candidate's, personal campaign committee; or
(vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for a political purpose at less than fair market value.
(b) "Expenditure" does not include:
(i) services provided without compensation by an individual volunteering a portion or all of the individual's time on behalf of a reporting entity;
(ii) money lent to a reporting entity by a financial institution in the ordinary course of business; or
(iii) anything described in Subsection (5)(a) that is given by a reporting entity to a candidate or officer in another state.
(6) "Filing entity" means:
(a) a county office candidate;
(b) a county officer;
(c) a local school board candidate;
(d) a local school board member; or
(e) a reporting entity that is required to meet a campaign finance disclosure requirement adopted by a county in accordance with Section 17-16-6.5.
(7) "In-kind contribution" means anything of value, other than money, that is accepted by or coordinated with a filing entity.
(8) "Local school board candidate" means an individual who:
(a) files a declaration of candidacy for local school board; or
(b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a local school board.
(9)
(a) "Personal use expenditure" means an expenditure that:
(i)
(A) is not excluded from the definition of personal use expenditure by Subsection (9)(c); and
(B) primarily furthers a personal interest of a county office candidate, county officer, local school board candidate, or a local school board member, or a member of a county office candidate's, county officer's, local school board candidate's, or local school board member's family; or
(ii) would cause the county office candidate, county officer, local school board candidate, or local school board member to recognize the expenditure as taxable income under federal law.
(b) "Personal use expenditure" includes:
(i) a mortgage, rent, utility, or vehicle payment;
(ii) a household food item or supply;
(iii) clothing, except for clothing:
(A) bearing the county office candidate's or local school board candidate's name or campaign slogan or logo; and
(B) used in the county office candidate's or local school board member's campaign;
(iv) 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 county office candidate, county officer, local school board candidate, or local school board member; or
(B) a person who has not provided a bona fide service to a county candidate, county officer, local school board candidate, or local school board member;
(vii) a vacation;
(viii) a vehicle expense;
(ix) a meal expense;
(x) a travel expense;
(xi) payment of an administrative, civil, or criminal penalty;
(xii) 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.
(c) "Personal use expenditure" does not include an expenditure made:
(i) for a political purpose;
(ii) for candidacy for county office or local school board;
(iii) to fulfill a duty or activity of a county officer or local school board member;
(iv) for a donation to a registered political party;
(v) 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;
(vi) to return all or a portion of a contribution to a contributor;
(vii) for the following items, if made in connection with the candidacy for county office or local school board, or an activity or duty of a county officer or local school board member:
(A) a mileage allowance at the rate established by the political subdivision that provides the mileage allowance;
(B) for motor fuel or special fuel, as defined in Section 59-13-102;
(C) a meal expense;
(D) a travel expense, including an expense incurred for airfare or a rental vehicle;
(E) a payment for a service provided by an attorney or accountant;
(F) a tuition payment or registration fee for participation in a meeting or conference;
(G) a gift;
(H) a payment for rent, utilities, a supply, or furnishings, in connection with an office space;
(I) a booth at a meeting or event; or
(J) educational material;
(viii) to purchase or mail informational material, a survey, or a greeting card;
(ix) for a donation to a charitable organization, as defined in 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;
(x) to repay a loan a county office candidate or local school board candidate makes from the candidate's personal account to the candidate's campaign account;
(xi) to pay membership dues to a national organization whose primary purpose is to address general public policy;
(xii) 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 county candidate's, county officer's, local school board candidate's, or local school board member's community;
(xiii) for one or more guests of a county office candidate, county officer, local school board candidate, or local school board member to attend an event, meeting, or conference described in this Subsection (9)(c);
(xiv) that is connected with the performance of an activity as a county office candidate or local school board member, or an activity or duty of a county officer or local school board member; or
(xv) to pay childcare expenses of:
(A) a candidate while the candidate is engaging in campaign activity; or
(B) an officeholder while the officeholder is engaging in the duties of an officeholder.
(10) "Political purpose" 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 candidate or a person seeking an office at any caucus, political convention, or election.
(11) "Reporting entity":
(a) means the same as that term is defined in Section 20A-11-101; and
(b) includes a county office candidate, a county office candidate's personal campaign committee, a county officer, a local school board candidate, a local school board candidate's personal campaign committee, and a local school board member.
Amended by Chapter 155, 2019 General Session
Amended by Chapter 204, 2019 General Session