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H.B. 252 Enrolled
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 [
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 [
disclosure ordinance [
[
Subsections (3) through (6).
(b) (i) If[
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 [
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;
(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 [
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) [
(a) require greater disclosure of campaign contributions and expenditures; and
(b) impose additional penalties.
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