Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 551 (2025GS)

Sponsor

Rep. Kyle, Jason B.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits a public official from making an expenditure from public funds on a billboard or mass communication:
• that contains certain content; and
• is posted, displayed, or mailed less than 60 days before the date of a caucus, convention, or election at which the public official is a candidate for elective office; and
• contains exceptions to the prohibition described above for certain types of mass communications.

Every vote on this bill

Bill text

17
20A-11-1202
20A-11-1203.5
0
Elected Official Publicity Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason B. Kyle
Senate Sponsor: Stephanie Pitcher
LONG TITLE
General Description:
This bill addresses a public official's use of public funds.
Highlighted Provisions:
This bill:
defines terms;
prohibits a public official from making an expenditure from public funds on a billboard or 
mass communication:
that contains certain content; and
is posted, displayed, or mailed less than 60 days before the date of a caucus, 
convention, or election at which the public official is a candidate for elective office; 
and
contains exceptions to the prohibition described above for certain types of mass 
communications.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-11-1202
, as last amended by Laws of Utah 2023, Chapters 15, 327
ENACTS:
20A-11-1203.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
20A-11-1202
 is amended to read:
20A-11-1202
. Definitions.
As used in this part:
(1)
"Applicable election officer" means:
(a)
a county clerk, if the email relates only to a local election; or
(b)
the lieutenant governor, if the email relates to an election other than a local election.
(2)
"Ballot proposition" means constitutional amendments, initiatives, referenda, judicial 
retention questions, opinion questions, bond approvals, or other questions submitted to 
the voters for their approval or rejection.
(3)
"Billboard" means a freestanding outdoor sign used for advertising to, or 
communicating with, the general public.
(3)
(4)
"Campaign contribution" means any of the following when done for a political 
purpose or to advocate for or against a ballot proposition:
(a)
a gift, subscription, donation, loan, advance, deposit of money, or anything of value 
given to a filing entity;
(b)
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 a filing entity;
(c)
any transfer of funds from another reporting entity to a filing entity;
(d)
compensation paid by any person or reporting entity other than the filing entity for 
personal services provided without charge to the filing entity;
(e)
remuneration from:
(i)
any organization or the organization's directly affiliated organization that has a 
registered lobbyist; or
(ii)
any agency or subdivision of the state, including a school district; or
(f)
an in-kind contribution.
(4)
(5)
(a)
"Commercial interlocal cooperation agency" means an interlocal cooperation 
agency that receives its revenues from conduct of its commercial operations.
(b)
"Commercial interlocal cooperation agency" does not mean an interlocal cooperation 
agency that receives some or all of its revenues from:
(i)
government appropriations;
(ii)
taxes;
(iii)
government fees imposed for regulatory or revenue raising purposes; or
(iv)
interest earned on public funds or other returns on investment of public funds.
(5)
(6)
"Expenditure" means:
(a)
a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or 
anything of value;
(b)
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;
(c)
a transfer of funds between a public entity and a candidate's personal campaign 
committee;
(d)
a transfer of funds between a public entity and a political issues committee; or
(e)
goods or services provided to or for the benefit of a candidate, a candidate's personal 
campaign committee, or a political issues committee for political purposes at less 
than fair market value.
(6)
(7)
"Filing entity" means the same as that term is defined in Section 
20A-11-101
.
(7)
(8)
"Governmental interlocal cooperation agency" means an interlocal cooperation 
agency that receives some or all of its revenues from:
(a)
government appropriations;
(b)
taxes;
(c)
government fees imposed for regulatory or revenue raising purposes; or
(d)
interest earned on public funds or other returns on investment of public funds.
(8)
(9)
"Influence" means to campaign or advocate for or against a ballot proposition.
(9)
(10)
"Interlocal cooperation agency" means an entity created by interlocal agreement 
under the authority of 
Title 11, Chapter 13, Interlocal Cooperation Act
.
(11)
"Mass communication" means any printed communication that:
(a)
contains identical or substantially similar content; and
(b)
is mailed to more than 500 recipients in a calendar year, regardless of whether the 
mailing occurs simultaneously or at different times during the calendar year.
(10)
(12)
"Political purposes" means an act done with the intent or in a way to influence or 
intend to influence, directly or indirectly, any person to refrain from voting or to vote for 
or against any:
(a)
candidate for public office at any caucus, political convention, primary, or election; or
(b)
judge standing for retention at any election.
(11)
(13)
"Proposed initiative" means an initiative proposed in an application filed under 
Section 
20A-7-202
 or 
20A-7-502
.
(12)
(14)
"Proposed referendum" means a referendum proposed in an application filed 
under Section 
20A-7-302
 or 
20A-7-602
.
(13)
(15)
(a)
"Public entity" includes the state, each state agency, each county, 
municipality, school district, special district, governmental interlocal cooperation 
agency, and each administrative subunit of each of them.
(b)
"Public entity" does not include a commercial interlocal cooperation agency.
(c)
"Public entity" includes local health departments created under 
Title 26A, Local 
Health Authorities
.
(14)
(16)
(a)
"Public funds" means any money received by a public entity from 
appropriations, taxes, fees, interest, or other returns on investment.
(b)
"Public funds" does not include money donated to a public entity by a person or 
entity.
(15)
(17)
(a)
"Public official" means an elected or appointed member of government 
with authority to make or determine public policy.
(b)
"Public official" includes the person or group that:
(i)
has supervisory authority over the personnel and affairs of a public entity; and
(ii)
approves the expenditure of funds for the public entity.
(16)
(18)
"Reporting entity" means the same as that term is defined in Section 
20A-11-101
.
(17)
(19)
(a)
"Special district" means an entity under 
Title 17B, Limited Purpose Local 
Government Entities - Special Districts
.
(b)
"Special district" includes a special service district under 
Title 17D, Chapter 1, 
Special Service District Act
.
(18)
(20)
(a)
"State agency" means each department, commission, board, council, 
agency, institution, officer, corporation, fund, division, office, committee, authority, 
laboratory, library, unit, bureau, panel, or other administrative unit of the state.
(b)
"State agency" includes the legislative branch, the Utah Board of Higher Education, 
each institution of higher education board of trustees, and each higher education 
institution.
Section 2, Section 
20A-11-1203.5
 is enacted to read:
20A-11-1203.5
. Public official prohibited from expending public funds on 
certain communications.
(1)
Except as provided in Subsection 
(2)
, a public official may not make an expenditure 
from public funds for a billboard or mass communication that:
(a)
(i)
includes a photograph, image, or likeness of the public official; or
(ii)
contains the name of the public official in a font size that is larger than any other 
font size on the billboard or mass communication; and
(b)
is posted, displayed, or mailed less than 60 calendar days before the date of any 
caucus, political convention, or election at which the public official is a candidate for 
elective office.
(2)
A public official may make an expenditure from public funds for a mass communication 
described in Subsection 
(1)
 if:
(a)
the mass communication is mailed to a person in response to that person making an 
inquiry of the public official;
(b)
the mass communication is sent to another public official;
(c)
the mass communication is a news release sent to a news media organization; or
(d)
the public official is legally required to mail the mass communication.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 1:34 PM