§ 51-304. Definitions.

As used in the Political Subdivisions Ethics Act:

1.  "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity through which business is conducted for profit;

2.  "Calendar quarter" means each three-month period of a calendar year, beginning on January 1, April 1, July 1 and October 1 of each year;

3.  "Campaign" means and includes all activities for or against the election of a candidate to a specific local office for a specific term from the date of the first contribution, the making of the first expenditure, the filing of a declaration of candidacy or a public announcement of intent to seek such election, whichever is first;

4.  "Candidate" means a person who has filed a notification and declaration of candidacy for any public office with the secretary of any county election board.  The term "candidate" shall include a person whose candidacy is unopposed, but shall not include any person who has withdrawn such notification and declaration of candidacy;

5.  "Candidate committee" means the committee, consisting of one or more persons who may be the candidate only, designated by a candidate to promote the candidate's candidacy and serve as the recipient of all contributions and the disburser of all expenditures for the candidate;

6.  "Committee" means a candidate committee, political action committee, political party, or organization;

7.  "Compensation" means money, service, facility or thing of value or financial benefit which is received or is to be received in return for or in connection with services rendered or to be rendered;

8. "Complainant" means a person filing a complaint pursuant to the provisions of Section 21 of this act;

9.  "Contributor" means and includes every person or committee who makes a contribution;

10.  "Contribution" means and includes any money, property, or in-kind services, including but not limited to, printing or engraving, radio or television time, billboards, advertising, subscription, forgiveness of indebtedness, personal or professional services or any other thing of value whatsoever which is given or loaned to be used in a campaign.  The term "contribution" shall not include:

a.money loaned to a candidate in connection with his own campaign by a bank, savings and loan association or credit union which is to be repaid with interest at a rate comparable to that of loans for equivalent amounts for other purposes,

b.the value of services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate, organization, political action committee or political party,

c.for purposes of the contribution limits set forth in Section 2 of this act, the transfer of any funds by a political action committee to another political action committee, provided the committee has been established as provided by law if the transferring committee and the receiving committee have been established, directly or indirectly, and are administered or financially supported, directly or indirectly, by a common organization, or

d.any payment or obligation incurred by a corporation, labor organization, membership organization, cooperative or corporation without capital stock for the establishment, administration, and solicitation of contributions to a separate segregated fund or political action committee to be utilized for political purposes;

11.  "Commission" means the Ethics Commission;

12.  "Election" means a Primary, Run-off Primary, General, or Special Election in which a candidate is on the ballot;

13.  "Election board" means the appropriate county election board in reference to candidates who file a declaration of candidacy with the county election board;

14.  "Expenditure" means a payment, distribution, contribution, loan, advance, compensation, reimbursement, fee deposit or gift of money securement, or any other thing of value, or services including but not limited to postage, telephone, telegraph, printing, advertising, travel, lodging, meals or entertainment for which payment is made with private or public funds, and includes a contract, promise or agreement to make an expenditure, whether or not legally enforceable;

15.  "Family" means an individual, his or her spouse, if any, and all children under the age of eighteen (18) years residing in the same household;

16.  "Governmental entity" means any department, commission, authority, council, board, bureau, committee, legislative body, agency, public trust, or other establishment of a political subdivision of this state;

17.  "Income" means any money or thing of value received, or to be received as a claim on future services, whether in the form of a fee, salary, gift, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of recompense or any combination thereof; provided, the term "income" shall not include campaign contributions;

18.  "Local office" means all elective offices for which declarations of candidacy are filed with the secretary of any county election board;

19.  "Ministerial action" means an action that a person performs in a prescribed manner which involves no discretionary judgment;

20.  "Organization" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, union, education or action group or committee or entity with two or more persons having a joint or common political interest;

21.  "Person" means an individual, corporation, association, firm, partnership, labor union or labor organization, committee, club or other organization, or a group of persons who are voluntarily acting in concert;

22.  "Political action committee" means a combination of at least two individuals, or a person other than an individual:

a.with the primary or incidental purpose of supporting or opposing a candidate or political party, except those required to file with the Federal Election Commission or the Ethics Commission, and

b.which accepts contributions or makes expenditures aggregating at least Two Hundred Dollars ($200.00) during a calendar year;

23.  "Political party" means any political party so recognized for the purpose of having candidates appear on the ballot;

24.  "Public employee" means any person who is employed by and receives compensation from any governmental entity, but shall not mean independent contractors or public officials;

25.  "Public official" means an elected or appointed official in the executive or legislative branch of a political subdivision of the state;

26.  "Represent" or "representation" means any formal or informal attendance before, or any written or oral communication with, or the filing of documents with any governmental entity on behalf of a person or organization;

27.  "Respondent" means a person named in a complaint filed pursuant to the provisions of Section 21 of this act;

28.  "Source" means the name, address, and description of the principal business activity of a person or organization; and

29.  "Substantial financial interest" means an interest that could result in directly or indirectly receiving a substantial pecuniary gain or sustaining a substantial pecuniary loss as a result of ownership or interest in a business entity, or as a result of salary, gratuity or other compensation or remuneration from any person, partnership, organization or association.

Added by Laws 1995, c. 343, § 18, eff. July 1, 1995.