House Amendment 1
H 4561 - Session 125 (2023-2024)
Campaign Finance - Dependent Care for Immediate Family Members

The Committee on Judiciary proposes the following amendment (LC-4561.HA0001H):

Amend the bill, as and if amended, SECTION 1, by striking Section 8-13-1348(A)(1), (2), (3), and (4) and inserting:

 (A)(1) No candidate, committee, public official, or political party may use campaign funds to defray personal expenses which are unrelated to the campaign or the office if the candidate is an officeholder nor may these funds be converted to personal use. The prohibition of this subsection does not extend to:
  (a) the incidental personal use of campaign materials or equipment; nor to
  (b) an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office;
  (c) an expenditure used to defray dependent care expenses incurred in connection with a candidate's campaign for the time in which the candidate is engaging in campaign activity and the expenses would not exist in the absence of the campaign; or
  (d) an expenditure used to defray dependent care expenses incurred in connection with a public official's duties for his or her public office and the expenses would not exist in the absence of the public official carrying out these duties.
 (2)(a) For purposes of subsections (A)(1)(c) and (A)(1)(d), "dependent care" means the direct care, protection, and supervision of an immediate family member that is either a minor or that has a disability or medical condition for whom the candidate or the public official has direct caregiving responsibility. In addition, campaign funds may only be used to defray dependent care expenses if the dependent care is given by a provider that is licensed in this State to provide the type of care needed by the candidate's or public official's immediate family member. However, a non-licensed provider may be used if no licensed provider is available so long as the dependent care is not being provided by a family member, as defined by Section 8-13-1300(14).
   (b) For purposes of subsections (A)(1)(c) and (A)(1)(d), a record of the time, date, and location of the campaign or official duty must be kept for four years and made available to the State Ethics Commission upon request.