Campaign funds-personal use restrictions.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0118

HOUSE BILL
NO.
HB0052

Campaign funds-personal use restrictions.

Sponsored by:
Representative(s) Stubson, Brown, Pedersen and Throne and Senator(s)
Jennings
, Landen and Von Flatern

A BILL

for

AN ACT relating to campaign funds; providing restrictions on use of campaign funds; providing for disposal of campaign funds after terms of office;
providing for penalties;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 22
‑
25
‑
116 is created to read:

22
‑
25
‑
116.

Campaign funds for personal use; required disposal of campaign funds.

(a)

Contributions received
by a candidate or
a candidate's campaign committee shall only be
expended
for purposes directly related to either:

(i)

Promoting the nomination or election of a candidate; or

(ii)

Promoting an issue of public concern;

(ii
i
)

Performing th
e
duties of public office or party position
.

(b)

Campaign funds shall not be converted to personal use, which shall include expenditures that:

(i)

Are for the personal benefit of or to defray normal living expenses of the candidate, officeholder, his immediate family or any other person;

(ii)

Are used to fulfill any commitment
, obligation or expense that would exist irrespective of the candidate's campaign or duties as an officeholder; or

(iii)

Are put to any use for which the candidate or offic
e
holder would be required to treat the amount of the expenditure as gross income under Section 61 of the United States Internal Revenue Code.

(c)

A candidate or candidate's campaign committee shall dispose of all campaign funds within
four
(
4
) years after the later of:

(i)

The end of the individual's most recent term of office; or

(ii)

The date of the election in which the individual last was a filed candidate.

(d)

Any candidate or candidate's campaign committee required to dispose of fund
s
pursuant to subsection (c) of this section shall, at the option of the candidate, dispose of those funds by any of the following means or any combination thereof:

(i)

Returning, pro rata, to each contributor the funds that have not been spent or obligated;

(ii)

Donating the funds to a charitable organization or organizations that meet the qualifications of Section 501(c)(3) of the
United States
Internal Revenue Code;

(iii)

Donating the funds to the state university
or a
Wyoming
community college
;

(iv)

Donating the funds to the state's general fund;

(v)

Transferring the funds to a political party committee registered with the
s
ecretary of
s
tate's office; or

(vi)

Contributing the funds to a candidate, candidate's campaign committee or political action committee as permitted by law.

(e)

No ca
ndidate or
candidate's campaign committee shall dispose of campaign funds by making expenditures for personal use as defined in subsection (b) of this section.

(f)

For purposes of this section, "campaign funds" means contributions received by a candidate or a candidate's campaign committee as provided under W.S. 22
‑
25
‑
102.

Section 2.
W.S. 22
‑
26
‑
112(a)(ix) is amended to read:

22
‑
26
‑
112.

Misdemeanor offenses generally.

(a)

Unless a different penalty is specifically provided in this code, the following acts, if knowingly and willfully committed, are misdemeanor offenses punishable by not more than six (6) months in a county jail or a fine of not more than one thousand dollars ($1,000.00), or both:

(ix)

Violating W.S. 22
‑
25
‑
101 through
22
‑
25
‑
115

22
‑
25
‑
116
;

Section
3
.

This act is effective July 1, 2010.

(END)

1
HB0052