Personal use expenditure -- Authorized and prohibited uses of campaign funds -- Enforcement -- Penalties.
Unless a municipality adopts by ordinance more stringent definitions, the following are defined terms for the purposes of this section: "Candidate" means an individual who: files a declaration of candidacy for municipal office; or receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the individual's nomination or election to a public office. "Officeholder" means an individual who is elected to and currently holds a municipal office. "Personal use expenditure" means an expenditure that: is not excluded from the definition of personal use expenditure by Subsection (2) and 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 would cause the candidate or officeholder to recognize the expenditure as taxable income under federal law. "Personal use expenditure" includes: a mortgage, rent, utility, or vehicle payment; a household food item or supply; a clothing expense, except: clothing bearing the candidate's name or campaign slogan or logo that is used in the candidate's campaign; clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the officeholder represents or of which the officeholder is a member; or repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder; an admission to a sporting, artistic, or recreational event or other form of entertainment; dues, fees, or gratuities at a country club, health club, or recreational facility; a salary payment made to a candidate, officeholder, or a person who has not provided a bona fide service to a candidate or officeholder; a vacation; a vehicle expense; a meal expense; a travel expense; a payment of an administrative, civil, or criminal penalty; a satisfaction of a personal debt; a personal service, including the service of an attorney, accountant, physician, or other professional person; a membership fee for a professional or service organization; and a payment in excess of the fair market value of the item or service purchased. As used in this section, "personal use expenditure" does not mean an expenditure made: for a political purpose; for candidacy for public office; to fulfill a duty or activity of an officeholder; for a donation to a registered political party; 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; to return all or a portion of a contribution to a donor; for the following items, if made in connection with the candidacy for public office or an activity or duty of an officeholder: a mileage allowance at the rate established by the Division of Finance under Section 63A-3-107 ; or for motor fuel or special fuel, as defined in Section 59-13-102 ; a meal expense; a travel expense, including an expense incurred for airfare or a rental vehicle; a payment for a service provided by an attorney or accountant; a tuition payment or registration fee for participation in a meeting or conference; a gift; a payment for the following items in connection with an office space: rent; utilities; a supply; or furnishing; a booth at a meeting or event; or educational material; to purchase or mail informational material, a survey, or a greeting card; for a donation to a charitable organization, as defined by Section 13-22-101 , including admission to or sponsorship of an event, the primary purpose of which is charitable solicitation, as defined in Section 13-22-101 ; to repay a loan a candidate makes from the candidate's personal account to the candidate's campaign account; to pay membership dues to a national organization whose primary purpose is to address general public policy; 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; for one or more guests of an officeholder or candidate to attend an event, meeting, or conference described in this Subsection (2) ; or to pay childcare expenses of: a candidate while the candidate is engaging in campaign activity; or an officeholder while the officeholder is engaging in the duties of an officeholder. A municipality may adopt an ordinance prohibiting a personal use expenditure by a candidate with requirements that are more stringent than the requirements provided in Subsection (4) . The municipality may adopt definitions that are more stringent than those provided in Subsection (1) or (2) . If a municipality fails to adopt a personal use expenditure ordinance described in Subsection (3)(a) , a candidate shall comply with the requirements contained in Subsection (4) . A candidate or an officeholder may not use money deposited into a campaign account for: a personal use expenditure; or an expenditure prohibited by law. A municipality may enforce this section by adopting an ordinance: to provide for the evaluation of a campaign finance statement to identify a personal use expenditure; and to commence informal adjudicative proceedings if, after an evaluation described in Subsection (5)(a) , there is probable cause to believe that a candidate or officeholder has made a personal use expenditure. If, in accordance with the proceedings described in Subsection (5)(b) established in municipal ordinance, a municipality determines that a candidate or officeholder has made a personal use expenditure, the municipality: may require the candidate or officeholder to: remit an administrative penalty of an amount equal to 50% of the personal use expenditure to the municipality; and deposit the amount of the personal use expenditure into the campaign account from which the personal use expenditure was disbursed; and shall deposit the money received under Subsection (6)(a)(i) into the municipal general fund.
