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020 of 2013 - Chapter 2.46.090, 2.46.140 - campaign financial reporting and computation of time 0 13-1 0 13-10 SALT LAKI CITY ORDINANCE No. 20 of 2013 (Campaign Financial Reporting) An ordinance amending Section 2.46.090 of the Salt Lake City Code, relating to campaign financial reporting, and Section 2.46.140 of the Salt Lake City Code, relating to computation of time. WHEREAS, the Utah Legislature amended statutory provisions relating to municipal primary elections and campaign financial disclosure requirements, and the City Council desires to make conforming and other related changes to the City's campaign financial disclosure ordinance; and WHEREAS, the City Council desires to amend Section 2.46.140 regarding the computation of time for campaign financial disclosure to make it consistent with the computation of time provision in the state election law. NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 2.46.090 of the Salt Lake City Code, relating to campaign financial reporting, be, and the same hereby is, amended as follows: 2.46.090: FINANCIAL REPORTING: A. Personal Campaign Committees: 1. Each personal campaign committee shall file with the city recorder a campaign finance statement containing the information required in this section, on the following dates: a. July 1 of any election year; b. Except as provided in subsection A2 of this section, no later than seven (7) days before the date of any municipal general or primary election ; c. Except as provided in subsection A2 of this section, no later than thirty (30) days after the date of the municipal general election; and d. On February 15 of every year unless a termination report has been filed with the city recorder as provided by subsection A8 of this section or its successor subsection. Notwithstanding the foregoing provisions of this subsection A l, the personal campaign committee for a candidate shall be required to file a campaign finance statement on the dates specified in subsections Ala, A 1 b, and Ale only during an election year in which the elective office that such candidate seeks is open for election. 2. The personal campaign committee for each candidate who is eliminated at a primary election shall file with the city recorder a campaign finance statement no later than thirty (30) days after the date of the primary election. Personal campaign committees for candidates who lose at a primary election need not file a campaign finance statement seven (7) days before the general election pursuant to subsection Alb of this section or thirty (30) days after the general election pursuant to subsection Ale of this section. 3. During the seven (7) day period before any election, each personal campaign committee shall file with the city recorder a verified report of each contribution over five hundred dollars ($500.00) within twenty four (24) hours after receipt of each such contribution. Such report shall contain the information required by subsection A4b(2)(A) of this section. 4. Each campaign finance statement shall: a. Contain a summary of contributions and expenditures reported in previously filed campaign finance statements during the calendar year in which the statement is due; b. Except as provided in subsection A4c of this section: (1 ) Report all of the committee's or candidate's itemized and total: (A) Contributions during the election cycle received before the close of the reporting date; and (B) Expenditures during the election cycle made through the close of the reporting date; and (2) Identify: (A) For each contribution in excess of fifty dollars ($50.00), the amount of the contribution, the name and address of the donor, and the date the contribution was made; (B) The aggregate total of all contributions that individually do not exceed fifty dollars ($50.00); and (C) For each expenditure, the amount of the expenditure, the name of the recipient of the expenditure, the date the expenditure was made, and the purpose of the expenditure; or c. Report the total amount of all contributions and expenditures if the committee or candidate receives five hundred dollars ($500.00) or less in contributions and spends five hundred dollars ($500.00) or less on the candidate's campaign. 2 5. Each campaign finance statement shall contain a statement by the secretary or by the chairperson of the committee to the effect that: a. All contributions and expenditures not theretofore reported have been reported; b. There are no bills or obligations outstanding and unpaid except as set forth in the campaign finance statement; c. The campaign finance statement represents a good faith effort by the committee to comply with the provisions of this chapter; and d. The information contained in the campaign finance statement is, to the best knowledge of the committee, true, accurate and complete. 6. In the event the personal campaign committee had no contributions or expenditures during the calendar year, the campaign finance statement shall state that no contributions were received and no expenditures were made during that calendar year. 7. Within thirty (30) days after distribution of any surplus campaign funds and/or the payment or compromise of all debts, a personal campaign committee shall file a campaign finance statement with the city recorder. The campaign finance statement shall state the amount of such surplus and the name and address of any recipient of such surplus, and shall identify any debt that was paid or compromised and the name and address of any person to whom any debt was paid or compromised. 8. In the event a personal campaign committee has permanently ceased operations, the secretary or chairperson of the committee shall file a termination report with the city recorder certifying that the personal campaign committee has permanently ceased operations. 9. The requirements of this chapter shall not be construed to abrogate the necessity of making any other reports or disclosure required by law. 10. With respect to contributions received and expenditures made before the effective date hereof, the first campaign finance statement filed pursuant to this section need only contain the information required by this section to the extent such information is known by the personal campaign committee that files such campaign finance statement. B. Political Committees: 1. Each political committee that has received contributions or made expenditures that total at least seven hundred fifty dollars ($750.00) during a calendar year shall file a verified financial statement with the city recorder on: a. July 1 of any election year; b. No later than seven (7) days before any municipal primary or general election ; and c. January 31, reporting contributions and expenditures as of December 31 of the previous year. 2. The political committee shall report: 3 a. A detailed listing of all contributions received and expenditures made since the filing of the last financial statement; and b. For financial statements filed on July 1 and before the municipal general election, all contributions and expenditures as of three (3) days before the required filing date of the financial statement. 3. If the political committee had no contributions or expenditures since the filing of the last financial statement, the financial statement shall state that no contributions were received and no expenditures were made since the filing of the last financial statement. 4. The verified financial statement shall include: a. The name and address of any individual that makes a contribution to the reporting political committee, and the amount of the contribution; b. The identification of any publicly identified class of individuals that makes a contribution to the reporting political committee, and the amount of the contribution; c. The name and address of any political committee, group, or entity that makes a contribution to the reporting political committee, and the amount of the contribution; d. The name and address of each candidate, personal campaign committee, party committee, or political committee that received an expenditure from the reporting political committee, and the amount of each expenditure; e. The total amount of contributions received and expenditures disbursed by the reporting political committee; f. A statement by the political committee's secretary or chairperson to the effect that: (1) All contributions and expenditures not theretofore reported have been reported; (2) There are no bills or obligations outstanding and unpaid except as set forth in the financial statement; (3) The financial statement represents a good faith effort by the committee to comply with the provisions of this chapter; and (4) The information contained in the financial statement is, to the best knowledge of the committee, true, accurate and complete; and g. A summary page in the form required by the city recorder that identifies: (1) Beginning balance; (2) Total contributions during the period since the last financial statement; (3) Total contributions to date; 4 (4) Total expenditures during the period since the last financial statement; and (5) Total expenditures to date. 5. Contributions received by a political committee that have a value of fifty dollars ($50.00) or less need not be reported individually, but shall be listed in the financial statement as an aggregate total. 6. Two (2) or more contributions from the same source that have an aggregate total of more than fifty dollars ($50.00) may not be reported in the aggregate, but shall be reported separately. 7. Within thirty (30) days after distribution of any surplus campaign funds and/or the payment or compromise of all debts, a political committee shall file a verified financial statement with the city recorder. The financial statement shall state the amount of such surplus and the name and address of any recipient of such surplus, and shall identify any debt that was paid or compromised and the name and address of any person to whom any debt was paid or compromised. 8. In the event a political committee has permanently ceased operations, the secretary or chairperson of the committee shall file a termination report with the city recorder certifying that the political committee has permanently ceased operations. 9. The requirements of this chapter shall not be construed to abrogate the necessity of making any other reports or disclosure required by law. 10. With respect to contributions received and expenditures made before the effective date hereof, the first financial statement filed pursuant to this section need only contain the information required by this section to the extent such information is known by the political committee that files such financial statement. C. Filing Time: A campaign finance statement or other report required under this chapter shall be considered filed if it is received by the city recorder or the recorder's office by five o'clock (5:00) P.M. on the date it is due. SECTION 2. That Section 2.46.140 of the Salt Lake City Code, relating to computation of time in connection with campaign financial disclosure, be, and the same hereby is, amended as follows: 2.46.140: COMPUTATION OF TIME: In computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a 5 Sunday, or a legal holiday. Except as otherwise provided in this section, Saturdays, Sundays, and legal holidays shall be included in the computation. SECTION 3. That this ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 23rd day of April / , 2013. 1 I i CH AIRPE'. ON ATTEST: '.7./(/ ,--<-4:. . 0/ CITY RECORDER // Transmitted to Mayor on "�`24-13 . Mayor's Action: A Approved. Vetoed. -.` ( '..-w f'l ji MAYOR1 % .o` ;___.-�<<,0 ( /74 ,g7-' /I. ,,/,)01-c...c.3.V.." CITY RECORDER (SEAL) APPROVED AS TO FORM Bill No. 20 of 2013. Salt Lake City Ninety's Office Published: May 2, 2013. • Date 2- r —r 3 By -7c ;;K Ff B_AITY-#27994-v2-Amend_2_46_090_Campaign_finance_reporting.DOC 6