2017 -- H 5709

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LC001852

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO ELECTIONS -- CAMPAIGN FINANCE

     Introduced By: Representatives Shekarchi, Ackerman, Johnston, Morin, and Tobon

     Date Introduced: March 01, 2017

     Referred To: House Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-25-7.2 of the General Laws in Chapter 17-25 entitled "Rhode

Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as

follows:

     17-25-7.2. Personal use of campaign funds prohibited.

     (a) The personal use by any elected public office holder or by any candidate for public

office, as defined in § 17-25-3, of campaign funds contributed after April 29, 1992, is prohibited.

For the purposes of this section, "personal use" is defined as any use other than expenditures

related to gaining or holding public office and for which the candidate for public office or elected

public official would be required to treat the amount of the expenditure as gross income under §

61 of the Internal Revenue Code of 1986, 26 U.S.C. § 61, or any subsequent corresponding

Internal Revenue Code of the United States, as from time to time amended.

     (b) Expenditures that are specifically prohibited under this chapter include:

     (1) Any residential or household items, supplies or expenditures, including mortgage, rent

or utility payments for any part of any personal residence of a candidate or officeholder or a

member of the candidate's or officeholder's family;

     (2) Mortgage, rent, or utility payments for any part of any non-residential property that is

owned by a candidate or officeholder or a member of a candidate's or officeholder's family and

used for campaign purposes, to the extent the payments exceed the fair market value of the

property usage;

     (3) Funeral, cremation, or burial expenses, including any expenses related to deaths

within a candidate's or officeholder's family;

     (4) Clothing, other than items of de minimis value that are used in the campaign;

     (5) Tuition payments;

     (6) Dues, fees, or gratuities at a country club, health club, recreational facility or other

nonpolitical organization, unless they are part of a specific fundraising event that takes place on

the organization's premises;

     (7) Salary payments to a member of a candidate's family, unless the family member is

providing bona fide services to the campaign. If a family member provides bona fide services to a

campaign, any salary payments in excess of the fair market value of the services provided is

personal use;

     (8) Admission to a sporting event, concert, theater, or other form of entertainment, unless

part of a specific campaign or officeholder activity;

     (9) Payment of any fines, fees, or penalties assessed pursuant to this chapter.

     (c) Any expense that results from campaign or officeholder activity is permitted use of

campaign funds. Such expenditures may include:

     (1) The defrayal of ordinary and necessary expenses of a candidate or officeholder;

     (2) Office expenses and equipment, provided the expenditures and the use of the

equipment can be directly attributable to the campaign or the officeholder's duties and

responsibilities;

     (3) Donations to charitable organizations, provided the candidate or officeholder does not

personally benefit from the donation or receive compensation from the recipient organization;

     (4) Travel expenses for an officeholder, provided that the travel is undertaken as an

ordinary and necessary expense of seeking, holding, or maintaining public office, or seeking,

holding, or maintaining a position within the legislature or other publicly elected body. If a

candidate or officeholder uses campaign funds to pay expenses associated with travel that

involves both personal activities and campaign or officeholder activities, the incremental

expenses that result from the personal activities are personal use, unless the person(s) benefiting

from this use reimburse(s) the campaign account within thirty (30) days for the amount of the

incremental expenses;

     (5) Gifts of nominal value and donations of a nominal amount made on a special occasion

such as a holiday, graduation, marriage, retirement or death, unless made to a member of the

candidate's or officeholder's family;

     (6) Meal expenses which are incurred as part of a campaign activity or as a part of a

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function that is related to the candidate's or officeholder's responsibilities, including meals

between and among candidates and/or officeholders that are incurred as an ordinary and

necessary expense of seeking, holding, or maintaining public office, or seeking holding, or

maintaining a position within the legislature or other publicly elected body;

     (7) Food and beverages which are purchased as part of a campaign or officeholder

activity;

     (8) Communication access expenses which are incurred as part of a campaign activity

and operation to ensure that deaf and hard of hearing citizens are fully participating, are

volunteers, and/or are otherwise maintaining a position with the campaign committee. Examples

of communication access expenses include, but are not limited to, the following: captioning on

television advertisements; video clips; sign language interpreters; computer aided real time

(CART) services; and assistive listening devices.

     (d) Any campaign funds not used to pay for the expenses of gaining or holding public

office may:

     (1) Be maintained in a campaign account(s);

     (2) Be donated to a candidate for public office, to a political organization, or to a political

action committee, subject to the limitation on contributions in § 17-25-10.1;

     (3) Be transferred in whole or in part into a newly established political action committee

or ballot question advocate;

     (4) Be donated to a tax exempt charitable organization as that term is used in § 501(c)(3)

of the Internal Revenue Code of 1986, 26 U.S.C. § 501, or any subsequent corresponding internal

revenue code of the United States as from time to time amended;

     (5) Be donated to the state of Rhode Island; or

     (6) Be returned to the donor, provided, however.

     (e) Any funds remaining in a campaign account(s) of a candidate or officeholder, or

former candidate or former officeholder who dies, after repayment of loans and accounts payable,

shall escheat to the state of Rhode Island, unless the disposition of the remaining funds is

designated in writing on a form prescribed by the board of elections, which funds may:

     (1) Be donated to a candidate for public office, to a political organization, or to a political

action committee, subject to the limitation on contributions in §17-25-10.1;

     (2) Be transferred in whole or in part into a newly established political action committee

or ballot question advocate;

     (3) Be donated to a tax exempt charitable organization as that term is used in §501(c)(3)

of the Internal Revenue Code of 1986, 26 U.S.C. §501, or any subsequent corresponding internal

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revenue code of the United States as from time to time amended; or

     (4) Be returned to the donor.

     (5) The candidate's or officeholder's, or former candidate's or former officeholder's

campaign account(s) shall be dissolved by the board of elections;

     (6) Any penalties assessed to the candidate or officeholder, or former candidate or former

officeholder that are outstanding at the time of their death shall be waived by the board of

elections.

     SECTION 2. This act shall take effect upon passage.

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LC001852

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- CAMPAIGN FINANCE

***

     This act would provide additional guidance concerning the proposed disposition of

remaining campaign funds of a deceased candidate or officeholder, former candidate or former

officeholder.

     This act would take effect upon passage.

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LC001852

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