Enrolled Copy H.B. 551
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Elected Official Publicity Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason B. Kyle
Senate Sponsor: Stephanie Pitcher
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LONG TITLE
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General Description:
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This bill addresses a public official's use of public funds.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ prohibits a public official from making an expenditure from public funds on a billboard or
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mass communication:
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● that contains certain content; and
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● is posted, displayed, or mailed less than 60 days before the date of a caucus,
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convention, or election at which the public official is a candidate for elective office;
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and
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▸ contains exceptions to the prohibition described above for certain types of mass
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communications.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-11-1202, as last amended by Laws of Utah 2023, Chapters 15, 327
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ENACTS:
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20A-11-1203.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-11-1202 is amended to read: H.B. 551 Enrolled Copy
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20A-11-1202 . Definitions.
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As used in this part:
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(1) "Applicable election officer" means:
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(a) a county clerk, if the email relates only to a local election; or
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(b) the lieutenant governor, if the email relates to an election other than a local election.
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(2) "Ballot proposition" means constitutional amendments, initiatives, referenda, judicial
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retention questions, opinion questions, bond approvals, or other questions submitted to
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the voters for their approval or rejection.
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(3) "Billboard" means a freestanding outdoor sign used for advertising to, or
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communicating with, the general public.
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[(3)] (4) "Campaign contribution" means any of the following when done for a political
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purpose or to advocate for or against a ballot proposition:
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(a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
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given to a filing entity;
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(b) an express, legally enforceable contract, promise, or agreement to make a gift,
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subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or
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anything of value to a filing entity;
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(c) any transfer of funds from another reporting entity to a filing entity;
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(d) compensation paid by any person or reporting entity other than the filing entity for
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personal services provided without charge to the filing entity;
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(e) remuneration from:
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(i) any organization or the organization's directly affiliated organization that has a
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registered lobbyist; or
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(ii) any agency or subdivision of the state, including a school district; or
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(f) an in-kind contribution.
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[(4)] (5)(a) "Commercial interlocal cooperation agency" means an interlocal cooperation
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agency that receives its revenues from conduct of its commercial operations.
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(b) "Commercial interlocal cooperation agency" does not mean an interlocal cooperation
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agency that receives some or all of its revenues from:
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(i) government appropriations;
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(ii) taxes;
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(iii) government fees imposed for regulatory or revenue raising purposes; or
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(iv) interest earned on public funds or other returns on investment of public funds.
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[(5)] (6) "Expenditure" means:
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(a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
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anything of value;
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(b) an express, legally enforceable contract, promise, or agreement to make any
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purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
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anything of value;
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(c) a transfer of funds between a public entity and a candidate's personal campaign
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committee;
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(d) a transfer of funds between a public entity and a political issues committee; or
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(e) goods or services provided to or for the benefit of a candidate, a candidate's personal
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campaign committee, or a political issues committee for political purposes at less
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than fair market value.
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[(6)] (7) "Filing entity" means the same as that term is defined in Section 20A-11-101.
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[(7)] (8) "Governmental interlocal cooperation agency" means an interlocal cooperation
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agency that receives some or all of its revenues from:
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(a) government appropriations;
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(b) taxes;
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(c) government fees imposed for regulatory or revenue raising purposes; or
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(d) interest earned on public funds or other returns on investment of public funds.
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[(8)] (9) "Influence" means to campaign or advocate for or against a ballot proposition.
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[(9)] (10) "Interlocal cooperation agency" means an entity created by interlocal agreement
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under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
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(11) "Mass communication" means any printed communication that:
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(a) contains identical or substantially similar content; and
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(b) is mailed to more than 500 recipients in a calendar year, regardless of whether the
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mailing occurs simultaneously or at different times during the calendar year.
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[(10)] (12) "Political purposes" means an act done with the intent or in a way to influence or
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intend to influence, directly or indirectly, any person to refrain from voting or to vote for
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or against any:
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(a) candidate for public office at any caucus, political convention, primary, or election; or
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(b) judge standing for retention at any election.
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[(11)] (13) "Proposed initiative" means an initiative proposed in an application filed under
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Section 20A-7-202 or 20A-7-502.
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[(12)] (14) "Proposed referendum" means a referendum proposed in an application filed
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under Section 20A-7-302 or 20A-7-602.
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[(13)] (15)(a) "Public entity" includes the state, each state agency, each county,
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municipality, school district, special district, governmental interlocal cooperation
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agency, and each administrative subunit of each of them.
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(b) "Public entity" does not include a commercial interlocal cooperation agency.
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(c) "Public entity" includes local health departments created under Title 26A, Local
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Health Authorities.
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[(14)] (16)(a) "Public funds" means any money received by a public entity from
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appropriations, taxes, fees, interest, or other returns on investment.
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(b) "Public funds" does not include money donated to a public entity by a person or
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entity.
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[(15)] (17)(a) "Public official" means an elected or appointed member of government
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with authority to make or determine public policy.
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(b) "Public official" includes the person or group that:
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(i) has supervisory authority over the personnel and affairs of a public entity; and
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(ii) approves the expenditure of funds for the public entity.
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[(16)] (18) "Reporting entity" means the same as that term is defined in Section 20A-11-101.
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[(17)] (19)(a) "Special district" means an entity under Title 17B, Limited Purpose Local
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Government Entities - Special Districts.
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(b) "Special district" includes a special service district under Title 17D, Chapter 1,
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Special Service District Act.
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[(18)] (20)(a) "State agency" means each department, commission, board, council,
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agency, institution, officer, corporation, fund, division, office, committee, authority,
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laboratory, library, unit, bureau, panel, or other administrative unit of the state.
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(b) "State agency" includes the legislative branch, the Utah Board of Higher Education,
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each institution of higher education board of trustees, and each higher education
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institution.
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Section 2. Section 20A-11-1203.5 is enacted to read:
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20A-11-1203.5 . Public official prohibited from expending public funds on
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certain communications.
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(1) Except as provided in Subsection (2), a public official may not make an expenditure
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from public funds for a billboard or mass communication that:
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(a)(i) includes a photograph, image, or likeness of the public official; or
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(ii) contains the name of the public official in a font size that is larger than any other
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font size on the billboard or mass communication; and
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(b) is posted, displayed, or mailed less than 60 calendar days before the date of any
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caucus, political convention, or election at which the public official is a candidate for
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elective office.
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(2) A public official may make an expenditure from public funds for a mass communication
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described in Subsection (1) if:
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(a) the mass communication is mailed to a person in response to that person making an
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inquiry of the public official;
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(b) the mass communication is sent to another public official;
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(c) the mass communication is a news release sent to a news media organization; or
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(d) the public official is legally required to mail the mass communication.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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