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Proposed Ordinance - 7/22/2021SALT LAKE CITY ORDINANCE No. __ of 2021 (Campaign finance reporting and personal campaign committees) An ordinance amending Sections 2.46.010 and 2.46.090 of the Salt Lake City Code, relating to campaign finance reporting and personal campaign committees. WHEREAS, the city desires to make certain changes relating to campaign finance reporting and personal campaign committees; and WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Sections 2.46.010 and 2.46.090 of the Salt Lake City Code, relating to such changes. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: SECTION 1. Section 2.46.010 of the Salt Lake City Code, relating to definitions, is amended as follows: Amending the definition of "Reporting Date." The definition of "Reporting Date" is amended to read as follows: REPORTING DATE: A. Ten days before the election, for a campaign finance statement required to be filed not later than seven days before a primary election or general election conducted by the city; B.The day of filing, for a campaign finance statement required to be filed not later than 30 days after a primary election or general election conducted by the city; C.Three days before the filing date, for any other campaign finance statement required to be filed pursuant to this chapter; and D.If the city opts into the Municipal Alternate Voting Methods Pilot Project created in Utah Code section 20A-4-602 and therefore does not hold a primary election, 30 days after the day on which the primary election otherwise would have been held. 2 SECTION 2. Section 2.46.090 of the Salt Lake City Code, relating to personal campaign committees, 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 days before the day on which any municipal general or primary election is held; c. Except as provided in subsection A2 of this section, no later than 30days after the day on which the municipal general election is held; 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; and e. If the city opts into the Municipal Alternate Voting Methods Pilot Project created in Utah Code section 20A-4-602 and elects not to hold a primary election, 30 days after the day on which the primary election otherwise would have been held. Notwithstanding the foregoing provisions of this subsection A1, the personal campaign committee for a candidate shall be required to file a campaign finance statement on the dates specified in subsections A1a, A1b, and A1c of this section 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 within 30 days after the day on which the primary election is held. Personal campaign committees for candidates who lose at a primary election need not file a campaign finance statement seven days before the general election pursuant to subsection A1b of this section or thirty (30) days after the general election pursuant to subsection A1c of this section. 3. During the seven day period before any election, each personal campaign committee shall file with the city recorder a verified report of each contribution over $500.00 within 24 hours after receiving 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 3 B) Expenditures during the election cycle made through the close of the reporting date; and 2) Identify: A) For each contribution in excess of $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 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 $500.00 or less in contributions and spends $500.00 or less on the candidate's campaign. 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 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 of this section, 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. 4 B. Political Committees: 1. Each political committee that has received contributions or made expenditures that total at least $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 days before the day on which any municipal primary or general election is held; and c. January 10, reporting contributions and expenditures as of December 31 of the previous year. 2. The political committee shall report: 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 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, if known, 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, if known, 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: 5 1) Beginning balance; 2) Total contributions during the period since the last financial statement; 3) Total contributions to date; 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 $50.00 or less need not be reported individually, but shall be listed in the financial statement as an aggregate total. 6. Two or more contributions from the same source that have an aggregate total of more than $50.00may not be reported in the aggregate, but shall be reported separately. 7. Within 30days 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 of this section, 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 5:00 P.M. on the date it is due. SECTION 3. This ordinance shall take effect immediately after it has been published in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah Code section 10-3-713. 6 Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________, 2021. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on ______________________. Mayor’s Action: __________ Approved. ___________ Vetoed. MAYOR CITY RECORDER SEAL) Bill No. ______ of 2021. Published: _____________________. Salt Lake City Attorney’s Office Approved As To Form By: _Katherine Lewis_____ Katherine Lewis, City Attorney