Download Zipped Amended WP 8.0 HB0252.ZIP 8,279 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 252

             1     

CITY AND TOWN CAMPAIGN FINANCE

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: John W. Hickman

             5      AN ACT RELATING TO THE MUNICIPAL CODE; ELIMINATING THE CAMPAIGN
             6      FINANCE DISCLOSURE EXEMPTION FOR CITIES WITH A POPULATION UNDER 10,000
             7      AND TOWNS h , WITH LIMITATIONS h ; AND MAKING TECHNICAL CHANGES.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          10-3-208, as last amended by Chapter 130, Laws of Utah 1997
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 10-3-208 is amended to read:
             13           10-3-208. Campaign financial disclosure in municipal elections.
             14          (1) (a) (i) By August 1, 1995, each first and second class city and each third class city
             15      having a population of 10,000 or more shall adopt an ordinance establishing campaign finance
             16      disclosure requirements for candidates for city office.
             17          (ii) By August 1, 2001, each third class city with a population under 10,000 and each town
             18      shall adopt an ordinance establishing campaign finance disclosure requirements for candidates for
             19      city or town office h WHO S :(A) RECEIVE MORE THAN $750 IN CAMPAIGN CONTRIBUTIONS; OR
             19a          (B ) s SPEND MORE THAN $750 ON THEIR CAMPAIGN FOR CITY OR TOWN
             19b      OFFICE h .
             20          (b) The ordinance required under Subsection (1) h (a) h shall include:
             21          (i) a requirement that each candidate for municipal office h TO WHOM THE ORDINANCE
             21a      APPLIES h report [his] the candidate's
             22      itemized and total campaign contributions and expenditures at least once seven days before the
             23      municipal general election and at least once 30 days after the municipal general election;
             24          (ii) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary
             25      contributions such as in-kind contributions and contributions of tangible things; and
             26          (iii) a requirement that the financial reports identify:
             27          (A) for each contribution of more than $50, the name of the donor of the contribution and


             28      the amount of the contribution; and
             29          (B) for each expenditure, the name of the recipient and the amount of the expenditure.
             30          (2) (a) Except as provided in Subsection (2)(b), if [any first or second class city, or any
             31      third class city having a population of 10,000 or more,] a city or town fails to adopt a campaign
             32      finance disclosure ordinance [by August 1, 1995] as required under Subsection (1), candidates for
             33      office in [those cities] that city or town shall comply with the financial reporting requirements
             34      contained in Subsections (3) through (6).
             35          (b) h (i) h If[, after August 1, 1995, a first or second class city or third class city having a
             36      population of 10,000 or more] a city or town adopts a campaign finance disclosure ordinance that
             37      meets the requirements of Subsection (1), that city or town need not comply with the requirements
             38      of Subsections (3) through (6).
             38a           h (ii) SUBSECTION (2)(a) AND THE FINANCIAL REPORTING REQUIREMENTS OF
             38b      SUBSECTIONS (3) THROUGH (6) DO NOT APPLY TO A CANDIDATE FOR MUNICIPAL OFFICE WHO:
             38c          (A) IS A CANDIDATE FOR MUNICIPAL OFFICE IN A CITY WITH A POPULATION UNDER 10,000
             38d      OR A TOWN; AND
             38e          (B) S (I) RECEIVES $750 OR LESS IN CAMPAIGN CONTRIBUTIONS; AND (II ) s SPENDS $750
             38f      OR LESS ON THE CANDIDATE'S CAMPAIGN FOR MUNICIPAL OFFICE. h
             39          (3) If there is no municipal ordinance meeting the requirements of this section upon the
             40      dates specified in Subsection (1), each candidate for elective [office in any first or second class
             41      city, or third class city having a population of 10,000 or more,] municipal office shall file a signed
             42      campaign financial statement with the city recorder:
             43          (a) seven days before the date of the municipal general election, reporting each
             44      contribution of more than $50 and each expenditure as of ten days before the date of the municipal
             45      general election; and
             46          (b) no later than 30 days after the date of the municipal general election.
             47          (4) (a) The statement filed seven days before the municipal general election shall include:
             48          (i) a list of each contribution of more than $50 received by the candidate, and the name of
             49      the donor;
             50          (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
             51          (iii) a list of each expenditure for political purposes made during the campaign period, and
             52      the recipient of each expenditure.
             53          (b) The statement filed 30 days after the municipal general election shall include:
             54          (i) a list of each contribution of more than $50 received after the cutoff date for the
             55      statement filed seven days before the election, and the name of the donor;
             56          (ii) an aggregate total of all contributions of $50 or less received by the candidate after the
             57      cutoff date for the statement filed seven days before the election; and
             58          (iii) a list of all expenditures for political purposes made by the candidate after the cutoff


             59      date for the statement filed seven days before the election, and the recipient of each expenditure.
             60          (5) Candidates for elective [office in any first or second class city, or any third class city
             61      having a population of 10,000 or more, who] municipal office who are eliminated at a primary
             62      election shall file a signed campaign financial statement containing the information required by
             63      this section not later than 30 days after the primary election.
             64          (6) Any person who fails to comply with this section is guilty of an infraction.
             65          (7) [Cities] A city or town may, by ordinance, enact requirements that:
             66          (a) require greater disclosure of campaign contributions and expenditures; and
             67          (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.

Office of Legislative Research and General Counsel


[Bill Documents][Bills Directory]