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H.B. 252 Enrolled

                 

CITY AND TOWN CAMPAIGN FINANCE

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: John W. Hickman

                  AN ACT RELATING TO THE MUNICIPAL CODE; ELIMINATING THE CAMPAIGN
                  FINANCE DISCLOSURE EXEMPTION FOR CITIES WITH A POPULATION UNDER 10,000
                  AND TOWNS, WITH LIMITATIONS; AND MAKING TECHNICAL CHANGES.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      10-3-208, as last amended by Chapter 130, Laws of Utah 1997
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 10-3-208 is amended to read:
                       10-3-208. Campaign financial disclosure in municipal elections.
                      (1) (a) (i) By August 1, 1995, each first and second class city and each third class city
                  having a population of 10,000 or more shall adopt an ordinance establishing campaign finance
                  disclosure requirements for candidates for city office.
                      (ii) By August 1, 2001, each third class city with a population under 10,000 and each town
                  shall adopt an ordinance establishing campaign finance disclosure requirements for candidates for
                  city or town office who:
                      (A) receive more than $750 in campaign contributions; or
                      (B) spend more than $750 on their campaign for city or town office.
                      (b) The ordinance required under Subsection (1)(a) shall include:
                      (i) a requirement that each candidate for municipal office to whom the ordinance applies
                  report [his] the candidate's itemized and total campaign contributions and expenditures at least once
                  seven days before the municipal general election and at least once 30 days after the municipal
                  general election;
                      (ii) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary
                  contributions such as in-kind contributions and contributions of tangible things; and
                      (iii) a requirement that the financial reports identify:


                      (A) for each contribution of more than $50, the name of the donor of the contribution and
                  the amount of the contribution; and
                      (B) for each expenditure, the name of the recipient and the amount of the expenditure.
                      (2) (a) Except as provided in Subsection (2)(b), if [any first or second class city, or any third
                  class city having a population of 10,000 or more,] a city or town fails to adopt a campaign finance
                  disclosure ordinance [by August 1, 1995] as required under Subsection (1), candidates for office in
                  [those cities] that city or town shall comply with the financial reporting requirements contained in
                  Subsections (3) through (6).
                      (b) (i) If[, after August 1, 1995, a first or second class city or third class city having a
                  population of 10,000 or more] a city or town adopts a campaign finance disclosure ordinance that
                  meets the requirements of Subsection (1), that city or town need not comply with the requirements
                  of Subsections (3) through (6).
                      (ii) Subsection (2)(a) and the financial reporting requirements of Subsections (3) through (6)
                  do not apply to a candidate for municipal office who:
                      (A) is a candidate for municipal office in a city with a population under 10,000 or a town; and
                      (B) (I) receives $750 or less in campaign contributions; and
                      (II) spends $750 or less on the candidate's campaign for municipal office.
                      (3) If there is no municipal ordinance meeting the requirements of this section upon the dates
                  specified in Subsection (1), each candidate for elective [office in any first or second class city, or third
                  class city having a population of 10,000 or more,] municipal office shall file a signed campaign
                  financial statement with the city recorder:
                      (a) seven days before the date of the municipal general election, reporting each contribution
                  of more than $50 and each expenditure as of ten days before the date of the municipal general
                  election; and
                      (b) no later than 30 days after the date of the municipal general election.
                      (4) (a) The statement filed seven days before the municipal general election shall include:
                      (i) a list of each contribution of more than $50 received by the candidate, 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; and
                      (iii) a list of each expenditure for political purposes made during the campaign period, and
                  the recipient of each expenditure.
                      (b) The statement filed 30 days after the municipal general election shall include:
                      (i) a list of each contribution of more than $50 received after the cutoff date for the statement
                  filed seven days before the election, and the name of the donor;
                      (ii) an aggregate total of all contributions of $50 or less received by the candidate after the
                  cutoff date for the statement filed seven days before the election; and
                      (iii) a list of all expenditures for political purposes made by the candidate after the cutoff date
                  for the statement filed seven days before the election, and the recipient of each expenditure.
                      (5) Candidates for elective [office in any first or second class city, or any third class city
                  having a population of 10,000 or more, who] municipal office who are eliminated at a primary
                  election shall file a signed campaign financial statement containing the information required by this
                  section not later than 30 days after the primary election.
                      (6) Any person who fails to comply with this section is guilty of an infraction.
                      (7) [Cities] A city or town may, by ordinance, enact requirements that:
                      (a) require greater disclosure of campaign contributions and expenditures; and
                      (b) impose additional penalties.

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