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SALT LAKE CITY ORDINANCE
No. 43 of 2005
(Campaign Financing Disclosure)
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 2.46 OF
THE SALT LAKE CITY CODE, RELATING TO CAMPAIGN FINANCING
DISCLOSURE.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 2.46.010 of the Salt Lake City Code, relating to the
Campaign Financing Disclosure,be, and the same hereby is, amended as follows:
2.46.010 Definitions:
For the purpose of this chapter the following words shall have the meanings as defined in
this chapter:
A. `Bumper sticker" means a sign not exceeding four (4) inches in height or
thirteen (13) inches in length affixed to any part (including the interior) of a motor
vehicle.
B. "Candidate" means any person who:
1. Files a declaration of candidacy for an elected office of the city;
2. Receives contributions, makes expenditures, or consents to another person
receiving contributions or making expenditures with a view to bringing about such
person's nomination or election to such office; or
3. Causes, on his or her behalf, any written material or advertisement to be
printed, published, broadcast, distributed or disseminated which indicates his or her
intention to seek such office.
C. "Contribution" means:
1. A gift, subscription, donation, loan, advance, or deposit of money or anything
of value, including nonmonetary contributions such as in-kind contributions and
contributions of tangible things, except a loan of money by a financial institution made in
accordance with the applicable financial institution laws and regulations and in the
ordinary course of business, made for political purposes;
2. A contract, promise or agreement, express or implied, whether or not legally
enforceable, to make a contribution described in subsection B 1 of this definition;
3. A transfer of funds between a political committee and a candidate's personal
campaign committee;
4. Compensation paid by a person other than the candidate's personal campaign
committee for personal services of another person rendered without charge to the
candidate or such candidate's personal campaign committee; and
5. A coordinated expenditure; but
6. "Contribution" shall not include personal services provided without
compensation by individuals volunteering their time on behalf of a candidate or such
candidate's personal campaign committee.
D. "Coordinated expenditure" means, except as provided in the next sentence, an
expenditure made by any person in cooperation, consultation, or concert, with, or at the
request or suggestion of, a candidate, his or her personal campaign committee, or their
agents. Coordinated expenditures include but are not limited to coordinated advertising
on billboards and on taxi cabs or other ground transportation vehicles as defined in
Section 5.71.010 of this Code, but do not include a lawn sign, a sign on residential
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property, a bumper sticker, a handheld sign, a sign on the body of a person, a sign on a
motor vehicle other than a taxi cab or other ground transportation vehicle as defined in
Section 5.71.010 of this Code, or a sign in a part of a building that is not normally used
for commercial advertising by a third party. An in-kind coordinated expenditure shall be
valued at the usual and normal value of such expenditure, such as the value of the use of
the advertising space on a billboard or taxi cab or other ground transportation vehicle as
defined in Section 5.71.010 of this Code. In the case of a taxi cab or other ground
transportation vehicle as defined in Section 5.71.010 of this Code, if a sign is located in a
space that is not usually or normally used for advertising, the sign shall be treated as if it
were rooftop advertising on a taxi cab or other ground transportation vehicle as defined in
Section 5.71.010 of this Code, and its value shall be determined in the same manner that
the value of such rooftop advertising is determined.
E. "Election" means a general, special or primary election conducted by the
city, including elections limited to referendums or bond issues.
F. "Election cycle" means: 1) with respect to a general city election or a city
primary election for an elective position, the four(4) year period that ends on the
February 15 immediately following the next general city election for such elective
position; and 2) with respect to an election to fill an unexpired term of office, the period
that begins on the earlier of: a) the day the vacancy occurs, or b) the day the impending
vacancy is publicly announced, and ends on the February 15 immediately following the
next general city election for such elective position.
G. "Election year" means a calendar year during which a primary or general
election is held or is scheduled to be held.
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H. "Expenditure" means:
1. A purchase,payment, donation, distribution, loan, advance, deposit, or gift of
money or anything of value made for political purposes;
2. A contract, promise or agreement, express or implied, whether or not legally
enforceable, to make an expenditure described in subsection Fl of this definition; or
3. A transfer of funds by a political committee to another political committee or to
a candidate's personal campaign committee.
I. "Independent expenditure" means an expenditure on behalf of, or
opposing the election of, any candidate,when such expenditure is made independently of
the candidate or the candidate's personal campaign committee, or their agents, and when
such expenditure is made without the prior consent or the collusion or cooperation of, and
not at the request or suggestion of, the candidate or the candidate's personal campaign
committee or their agents.
J. "Issue" means any question other than the election of a candidate to city
office placed upon any municipal ballot to be affirmed or defeated by popular vote
including, but not limited to,bond issues and referendums.
K. "Party committee" means any committee organized by or authorized by
the governing body of a registered political party.
L. "Person" means both natural and legal persons including, but not limited
to, individuals, business organizations, personal campaign committees, political
committees, party committees, labor unions, labor organizations and any other organized
group of individuals.
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M. "Personal campaign committee" means the committee appointed by a
particular candidate to act for such candidate as hereinafter provided.
N. "Political committee" means a group of persons cooperating to aid or
promote the success or defeat of a candidate or issue, including the making of donations
to a personal campaign committee. "Political committee" does not mean an individual, a
personal campaign committee, individuals who are related and who make contributions
from a joint checking account, an entity that provides goods or services to a candidate or
committee in the regular course of its business at the same price that would be provided
to the general public, or a business entity using its own funds, except a business entity
whose intended purpose is to act as a political committee.
O. "Political purpose" means an act done with intent or in such a way as to
influence or tend to influence, directly or indirectly, the nomination or election of a
candidate or the passage or defeat of any issue on the ballot at a municipal election.
P. "Primary election" means any primary election held pursuant to title 20A,
Utah Code Annotated, or its successor.
Q. "Reporting date" means:
1. Ten (10) days before the election, for a campaign finance statement required to
be filed not later than seven (7) days before a primary or general election conducted by
the city;
2. The day of filing, for a campaign finance statement required to be filed not
later than thirty(30) days after a primary or general election conducted by the city; and
3. Three (3) days before the filing date, for any other campaign finance statement
required to be filed pursuant to this chapter.
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SECTION 2. 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 7 th day of
July 2005 ;
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CHAIRPERS N
ATTEST: ;,
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CHIEF DEPUTY CITY RE ORDER
Transmitted to Mayor on 7-8-05
Mayor's Action: Approved. Vetoed.
MAYOR
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. 43 of 2005.
Published: 8-8-05
APPROVED AS TO FORM
Salt Lake City Attorneys Office
Date r °S
By
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