HomeMy WebLinkAbout2003-08-12; City Council; 17280; Adoption of Ordinance/Election campaign disclosureP w B
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AB# 17,280
MTG. 8-12-03
DEPT. CLK
CITY OF CARLSBAD -AGENDA BILL
ADOPTION OF ORDINANCE NO. NS-671
REGARDING ELECTION CAMPAIGN
DISCLOSURE REQUIREMENTS
RECOMMENDED ACTION:
DEPT.HD. L$
CITY ATTY.
CITY MGR
Adopt Ordinance No. NS-671 amending sections of Chapter 1 .I 3 of the Carlsbad Municipal
Code regarding election campaign disclosure requirements.
ITEM EXPLANATION:
Ordinance No. NS-671 was introduced and first read at the City Council meeting held on
August 5, 2003. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 17,268 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-671
DEPARTMENT CONTACT: Janice Breitenfeld (760) 434-2927 , j breioci. caris bad .ca. us
ORDINANCE NO. NS- 671
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING SECTIONS OF CHAPTER
1.13 OF THE CARLSBAD MUNICIPAL CODE REGARDING
ELECTION CAMPAIGN DISCLOSURE REQUIREMENTS.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That section 1.13.010 of the Carlsbad Municipal Code is
amended to read as follows:
“1.13.010 Purpose and intent.
This chapter is to supplement the provisions of the Political Reform Act of
1974 (the “Act”) by requiring an additional campaign disclosure statement in municipal
elections to insure that the city’s voters will be fully informed about the receipts of and
expenditures by candidates and committees prior to such elections. The city council
finds that this chapter is enacted in recognition of the power of a local agency to impose
additional disclosure requirements as authorized by Government Code section 81 01 3,
so long as they do not prevent a person from complying with the Act.”
SECTION 2: That section 1.13.025 of the Carlsbad Municipal Code is
amended to read as follows:
“1 .I 3.025 Contributions - Disclosure.
(a) No person shall knowingly accept any contribution or loan in excess of
one hundred dollars without obtaining the name, address, occupation, employer’s
name, or if self-employed, the name of the business of the person making the
contribution or loan.
(b) No person shall make a contribution or loan for any other person under
an assumed name or under the name of any other person.
(c) Contributions or loans, not to exceed a total of one hundred dollars
from any one person or source, are permitted to be retained by a candidate or any
committee including a committee supporting or opposing the passage of a measure,
when received from anonymous sources or from persons who do not consent to having
their name made known. Any such amount in excess of one hundred dollars shall be
turned over to the city clerk and deposited into the city’s treasury within ten days of
receipt of the contribution.
(d) Any candidate or committee that is required to file a campaign
statement for a municipal election in Carlsbad pursuant to the Political Reform Act of
1974 shall, in addition to the information otherwise required, list the name, address,
occupation, name of employer, or if self-employed, the name of the business, and
Ordinance No. NS- 671
Page 1 of 3
amount contributed or loaned by each person who has contributed or loaned a
cumulative amount in excess of one hundred dollars.”
SECTION 3: That section 1.13.030 of the Carlsbad Municipal Code is
repealed.
SECTION 4: That section 1.13.035 of the Carlsbad Municipal Code is
renumbered and amended to read as follows:
“1 .I 3.030 Cash contributions prohibited.
No candidate in a city municipal election shall accept a cash contribution
in excess of one hundred dollars. All contributions in excess of one hundred dollars
shall be made by check. A candidate is required to make a copy of each such check
received prior to negotiating it.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 5th day of AUGUST ,2003, and thereafter
Ill
Ordinance No. NS- 671
Page 2 of 3
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 12th day of August , 2003, by the following vote, to
wit:
AYES:
NOES: Council Member Kulchin
ABSENT: Council Member Finnila
Council Members Lewis, Hall and Packard
APPROVED AS TO FORM AND LEGALITY
ATTEST:
u
(SEAL)
Ordinance No. NS- 671
Page 3 of 3
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