20A-12-301 - Definitions.
20A-12-301. Definitions.
As used in this part:
(1) (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 valuegiven 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 anythingof 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 orthe judge's personal campaign committee;
(iv) compensation paid by any person or reporting entity other than the judge or thejudge's personal campaign committee for personal services provided without charge to the judgeor the judge's personal campaign committee; and
(v) goods or services provided to or for the benefit of the judge or the judge's personalcampaign committee at less than fair market value.
(b) "Contribution" does not include:
(i) services provided without compensation by individuals volunteering a portion or all oftheir 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 financialinstitution in the ordinary course of business.
(2) (a) "Corporation" means a domestic or foreign, profit or nonprofit, businessorganization that is registered as a corporation or is authorized to do business in a state and makesany 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-11-101or 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;
(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 bythis chapter;
(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, oranything of value made for political purposes;
(iii) an express, legally enforceable contract, promise, or agreement to make anypurchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything ofvalue for political purposes;
(iv) compensation paid by a corporation or reporting entity for personal services renderedby 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 anotherjudge's personal campaign committee; or
(vi) goods or services provided by the judge's personal campaign committee to or for thebenefit 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 oftheir 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 theordinary course of business.
(5) "Individual" means a natural person.
(6) "Interim report" means a report identifying the contributions received andexpenditures made since the last report.
(7) "Personal campaign committee" means the committee appointed by a judge to act forthe judge as provided in this chapter.
(8) "Political purposes" means an act done with the intent or in a way to influence or tendto influence, directly or indirectly, any person to refrain from voting or to vote for or against anyjudge standing for retention at any election.
(9) "Reporting entity" means a judge, judge's personal campaign committee, candidate, acandidate's personal campaign committee, an officeholder, and a party committee, a politicalaction committee, and a political issues committee.
(10) "Summary report" means the year-end report containing the summary of a reportingentity's contributions and expenditures.
Enacted by Chapter 166, 2001 General Session