Section 0530-01-01-.03 - CAMPAIGN CONTRIBUTIONS(1) A campaign contribution is deemed to have been made by a multicandidate political campaign committee and reportable in the period in which the check or other written instrument is written to a candidate or political campaign committee. A cash campaign contribution is considered to have been made and to be reportable by a multicandidate political campaign committee in the period in which the money is delivered to a candidate or political campaign committee.(2) A campaign contribution is considered made to and reportable by a candidate or political committee when the contribution is delivered to a candidate or political campaign committee, or any agent thereof.(3) Personal funds of a candidate or any personal loan used by a candidate for routine living expenses that he or she would have incurred without candidacy, including the costs of food and residence, are not campaign contributions.(4) A campaign contribution that is made by a PAC by check or other similar written instrument must be provided to a candidate or candidate's political campaign committee within thirty (30) days of the date that the check or other written instrument is written.(5) A political campaign committee making an in-kind campaign contribution must notify a candidate or political campaign committee receiving the contribution of the amount and purpose of the contribution, in writing, within five (5) business days after the in-kind contribution is made or performed.(6) An in-kind contribution is the provision of any goods or services to a candidate or political campaign committee without charge or at a charge which is less than the fair market value for such goods or services.(7) Where goods or services are provided to a candidate or political campaign committee at a charge which is less than the fair market value for such goods or services, the candidate or committee must report as an in-kind contribution the difference between the amount paid for the goods or services and the fair market value of such goods or services.(8) Examples of in-kind contributions that are considered goods include, but are not limited to:(a) campaign materials, such as campaign literature, brochures, bumper stickers, campaign advertisements;(c) equipment and other similar supplies;(e) polling or survey data.(9) Examples of in-kind contributions that are considered services include, but are not limited to:(a) providing of paid personnel for telephone banks and distribution of campaign materials;(10) If a multi-candidate political campaign committee making an in-kind contribution to a candidate or political campaign committee is in a dispute with a vendor over the amount of an expense, the committee shall make a reasonable determination of the value of the in-kind contribution. The method to determine that amount shall be documented by the committee, and this documentation shall be submitted with the financial disclosure report on which the in-kind contribution is reported. Procedures set forth in the rules then should be followed for notifying the candidate or political campaign committee receiving the in-kind contribution.Tenn. Comp. R. & Regs. 0530-01-01-.03
Original rule filed March 12, 1993; effective April 26, 1993. Amended by Public Chapter 467; effective May 31, 1993.Authority: T.C.A. §§ 2-10-102(3), 2-10-105(i), 2-10-107(a), 2-10-107(c), 2-10-107(d), 2-10-206(5) and 2-10-207(1).