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H.B. 252
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CITY AND TOWN CAMPAIGN FINANCE
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: John W. Hickman
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AN ACT RELATING TO THE MUNICIPAL CODE; ELIMINATING THE CAMPAIGN
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FINANCE DISCLOSURE EXEMPTION FOR CITIES WITH A POPULATION UNDER 10,000
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AND TOWNS h
, WITH LIMITATIONS
h ; AND MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-3-208, as last amended by Chapter 130, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-3-208
is amended to read:
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10-3-208. Campaign financial disclosure in municipal elections.
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(1) (a) (i) By August 1, 1995, each first and second class city and each third class city
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having a population of 10,000 or more shall adopt an ordinance establishing campaign finance
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disclosure requirements for candidates for city office.
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(ii) By August 1, 2001, each third class city with a population under 10,000 and each town
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shall adopt an ordinance establishing campaign finance disclosure requirements for candidates for
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city or town office h
WHO S
:(A) RECEIVE MORE THAN $750 IN CAMPAIGN CONTRIBUTIONS; OR
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(B
)
s SPEND MORE THAN $750 ON THEIR CAMPAIGN FOR CITY OR TOWN
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OFFICE
h .
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(b) The ordinance required under Subsection (1) h
(a)
h shall include:
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(i) a requirement that each candidate for municipal office h
TO WHOM THE ORDINANCE
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APPLIES
h report [his] the candidate's
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itemized and total campaign contributions and expenditures at least once seven days before the
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municipal general election and at least once 30 days after the municipal general election;
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(ii) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary
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contributions such as in-kind contributions and contributions of tangible things; and
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(iii) a requirement that the financial reports identify:
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(A) for each contribution of more than $50, the name of the donor of the contribution and
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the amount of the contribution; and
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(B) for each expenditure, the name of the recipient and the amount of the expenditure.
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(2) (a) Except as provided in Subsection (2)(b), if [any first or second class city, or any
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third class city having a population of 10,000 or more,] a city or town fails to adopt a campaign
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finance disclosure ordinance [by August 1, 1995] as required under Subsection (1), candidates for
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office in [those cities] that city or town shall comply with the financial reporting requirements
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contained in Subsections (3) through (6).
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(b) h
(i)
h If[, after August 1, 1995, a first or second class city or third class city having a
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population of 10,000 or more] a city or town adopts a campaign finance disclosure ordinance that
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meets the requirements of Subsection (1), that city or town need not comply with the requirements
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of Subsections (3) through (6).
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h
(ii) SUBSECTION (2)(a) AND THE FINANCIAL REPORTING REQUIREMENTS OF
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SUBSECTIONS (3) THROUGH (6) DO NOT APPLY TO A CANDIDATE FOR MUNICIPAL OFFICE WHO:
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(A) IS A CANDIDATE FOR MUNICIPAL OFFICE IN A CITY WITH A POPULATION UNDER 10,000
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OR A TOWN; AND
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(B) S
(I) RECEIVES $750 OR LESS IN CAMPAIGN CONTRIBUTIONS; AND (II
)
s SPENDS $750
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OR LESS ON THE CANDIDATE'S CAMPAIGN FOR MUNICIPAL OFFICE.
h
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(3) If there is no municipal ordinance meeting the requirements of this section upon the
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dates specified in Subsection (1), each candidate for elective [office in any first or second class
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city, or third class city having a population of 10,000 or more,] municipal office shall file a signed
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campaign financial statement with the city recorder:
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(a) seven days before the date of the municipal general election, reporting each
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contribution of more than $50 and each expenditure as of ten days before the date of the municipal
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general election; and
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(b) no later than 30 days after the date of the municipal general election.
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(4) (a) The statement filed seven days before the municipal general election shall include:
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(i) a list of each contribution of more than $50 received by the candidate, and the name of
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the donor;
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(ii) an aggregate total of all contributions of $50 or less received by the candidate; and
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(iii) a list of each expenditure for political purposes made during the campaign period, and
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the recipient of each expenditure.
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(b) The statement filed 30 days after the municipal general election shall include:
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(i) a list of each contribution of more than $50 received after the cutoff date for the
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statement filed seven days before the election, and the name of the donor;
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(ii) an aggregate total of all contributions of $50 or less received by the candidate after the
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cutoff date for the statement filed seven days before the election; and
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(iii) a list of all expenditures for political purposes made by the candidate after the cutoff
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date for the statement filed seven days before the election, and the recipient of each expenditure.
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(5) Candidates for elective [office in any first or second class city, or any third class city
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having a population of 10,000 or more, who] municipal office who are eliminated at a primary
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election shall file a signed campaign financial statement containing the information required by
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this section not later than 30 days after the primary election.
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(6) Any person who fails to comply with this section is guilty of an infraction.
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(7) [Cities] A city or town may, by ordinance, enact requirements that:
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(a) require greater disclosure of campaign contributions and expenditures; and
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(b) impose additional penalties.
Legislative Review Note
as of 1-19-00 4:41 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.