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Legislation #: 081195 Introduction Date: 12/4/2008
Type: Ordinance Effective Date: 12/21/2008
Sponsor: COUNCILMEMBER SKAGGS
Title: Repealing Section 2-53, Code of Ordinances, entitled “Limitation on contributions for mayor and council elections” to reflect the establishment of a new reporting system established by the Missouri General Assembly.

Legislation History
DateMinutesDescription
11/26/2008 Filed by the Clerk's office
12/4/2008 Referred to Legislative Committee
12/11/2008 Advance and Do Pass, Consent
12/11/2008 Passed

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fact sheet.doc Advertise Notice 48K fact sheet

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ORDINANCE NO. 081195

 

Repealing Section 2-53, Code of Ordinances, entitled Limitation on contributions for mayor and council elections to reflect the establishment of a new reporting system established by the Missouri General Assembly.

 

WHEREAS, the City adopted Section 2-53, Code of Ordinances, establishing campaign contribution limits effective January 1, 2006 to correspond with the repeal by the General Assembly of state campaign contribution limits; and

 

WHEREAS, the Missouri Supreme Court subsequently ruled that the states actions were invalid and that the law, as it existed prior to January 1, 2006, was effective; and

 

WHEREAS, application of the pre-January 2006 law was inconsistent with the Citys ordinance; and

 

WHEREAS, the state law was more restrictive than the Citys ordinance and application of the Citys ordinance would allow something the state prohibited, thus preempting the Citys ordinance; and

 

WHEREAS, since Section 2-53 was preempted as a result of the Supreme Courts ruling in Trout v. State, 231 S.W.3d 140 (Mo. 2007) it is not subject to application following the General Assemblys actions in 2008 repealing the prior state limits; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Section 2-53, Code of Ordinances, entitled Limitation on contributions for mayor and council elections is repealed.

 

________________________________________

 

Approved as to form and legality:

 

 

_________________________________

William Geary

Assistant City Attorney