Utah Code 20A-11-705. Notice of in-kind contributions
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(1) A corporation that makes an in-kind contribution to a reporting entity shall, in accordance with Subsection (2), provide the reporting entity a written notice that includes:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 20A-11-705
- Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
- Candidate: means any person who:(4)(a) files a declaration of candidacy for a public office; or(4)(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:
(6)(a)(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;(6)(a)(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;(6)(a)(iii) any transfer of funds from another reporting entity to the filing entity;(6)(a)(iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;(6)(a)(v) remuneration from:(6)(a)(v)(A) any organization or its directly affiliated organization that has a registered lobbyist; or(6)(a)(v)(B) any agency or subdivision of the state, including school districts;(6)(a)(vi) a loan made by a candidate deposited to the candidate's own campaign; and(6)(a)(vii) in-kind contributions. See Utah Code 20A-11-101- Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
- 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:
(8)(a)(i) the purpose of expressly advocating for political purposes; or(8)(a)(ii) the purpose of expressly advocating the approval or the defeat of any ballot proposition. See Utah Code 20A-11-101- Election: means each:
(13)(a) regular general election;(13)(b) regular primary election; and(13)(c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101- Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
(15)(a)(i) any disbursement from contributions, receipts, or from the separate bank account required by this chapter;(15)(a)(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;(15)(a)(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;(15)(a)(iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;(15)(a)(v) a transfer of funds between the filing entity and a candidate's personal campaign committee;(15)(a)(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(15)(a)(vii) an independent expenditure, as defined in Section20A-11-1702 . See Utah Code 20A-11-101- In-kind contribution: means anything of value, other than money, that is accepted by or coordinated with a filing entity. 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- Primary election: means any regular primary election held under the election laws. See Utah Code 20A-11-101
- Reporting entity: means a candidate, a candidate's personal campaign committee, a judge, a judge's personal campaign committee, an officeholder, a party committee, a political action committee, a political issues committee, a corporation, or a labor organization, as defined in Section
20A-11-1501 . See Utah Code 20A-11-101(1)(a) the name and address of the corporation;(1)(b) the date of the in-kind expenditure;(1)(c) a description of the in-kind expenditure; and(1)(d) the value, in dollars, of the in-kind expenditure.(2) A corporation shall provide the written notice described in Subsection (1) to the reporting entity:(2)(a) except as provided in Subsection (2)(b), within 31 days after the day on which the corporation makes the in-kind contribution; or(2)(b) within seven business days after the day on which the corporation makes the in-kind contribution, if:(2)(b)(i) the in-kind contribution is to a candidate who is contested in a convention and the corporation makes the in-kind contribution within 30 days before the day on which the convention is held;(2)(b)(ii) the in-kind contribution is to a candidate who is contested in a primary election and the corporation makes the in-kind contribution within 30 days before the day on which the primary election is held; or(2)(b)(iii) the in-kind contribution is to a candidate who is contested in a general election and the corporation makes the in-kind contribution within 30 days before the day on which the general election is held.(3) A corporation that provides, and a reporting entity that receives, the written notice described in Subsection (1) shall retain a copy of the notice for five years after the day on which the written notice is provided to the reporting entity.(4) A corporation or reporting entity that fails to comply with the requirements of this section is guilty of a class B misdemeanor.(5) A person that intentionally or knowingly provides, or conspires to provide, false information on a written notice described in this section is guilty of a class B misdemeanor. - Contribution: means any of the following when done for political purposes: