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<br />Fair Campaign Practices Act
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<br />1-45-117. State and political subdivisions -limitations on contributions. (I) (a) (1) No
<br />agency, department, board, division, bureau, commission, or council of the state or any political
<br />subdivision thereof shall make any contribution in campaigns involving the nomination,
<br />retention, or election of any person to any public office, nor shall any such entity expend any
<br />public moneys from any source, or make any contributions, to urge electors to vote in favor of or
<br />against any:
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<br />(A) State-wide ballot issue that has been submitted for the purpose of having a
<br />title designated and fixed pursuant to section 1-40-106 (1) or that has had a title designated and
<br />fixed pursuant to that section;
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<br />(B) Local ballot issue that has been submitted for the purpose of having a title
<br />fixed pursuant to section 31-11-111 or that has had a title fixed pursuant to that section;
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<br />(C) Referred measure, as defined in section 1-1-104 (34.5);
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<br />(D) Measure for the recall of any officer that has been certified by the appropriate
<br />election official for submission to the electors for their approval or rejection.
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<br />(II) However, a member or employee of any such agency, department, board,
<br />division, bureau, commission, or council may respond to questions about any such issue
<br />described in subparagraph (I) of this paragraph (a) if the member, employee, or public entity has
<br />not solicited the question. A member or employee of any such agency, department, board,
<br />division, bureau, commission, or council who has policy-making responsibilities may expend not
<br />more than fifty dollars of public moneys in the form ofletters, telephone calls, or other activities
<br />incidental to expressing his or her opinion on any such issue described in subparagraph (1) of this
<br />paragraph (a).
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<br />(b) (1) Nothing in this subsection (1) shall be construed as prohibiting an agency,
<br />department, board, division, bureau, commission, or council of the state, or any political
<br />subdivision thereof from expending public moneys or making contributions to dispense a factual
<br />surnntary, which shall include arguments both for and against the proposal, on any issue of
<br />official concern before the electorate in the jurisdiction. Such summary shall not contain a
<br />conclusion or opinion in favor of or against any particular issue. As used herein, an issue of
<br />official concern shall be limited to issues that will appear on an election ballot in the jurisdiction.
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<br />(II) Nothing in this subsection (I) shall be construed to prevent an elected official
<br />from expressing a personal opinion on any issue.
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<br />(Ill) Nothing in this subsection (1) shall be construed as prohibiting an agency,
<br />department, board, division, bureau, commission, or council of the state or any political
<br />subdivision thereof from:
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<br />(A) Passing a resolution or taking a position of advocacy on any issue described
<br />in subparagraph (I) of paragraph (a) of this subsection (I); or
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<br />(B) Reporting the passage of or distributing such resolution through established,
<br />customary means, other than paid advertising, by which information about other proceedings of
<br />such agency, department, board, division, bureau, or council of the state or any political
<br />subdivision thereof is regularly provided to the public.
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