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Legislation #: 140339 Introduction Date: 4/24/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 2, Code of Ordinances of Kansas City, Missouri, by repealing Section 2-53 and enacting a new Section 2-53 pertaining to campaign contribution limitations.

Legislation History
DateMinutesDescription
4/24/2014 Filed by the Clerk's office
4/24/2014 Referred to Finance, Governance & Ethics Committee
4/30/2014 Hold On Agenda (5/21/2014)
5/21/2014 Hold On Agenda (5/28/2014)
6/4/2014 Do Pass as a Committee Substitute
6/5/2014 Assigned Third Read Calendar as Substituted
6/12/2014 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140339

 

Amending Chapter 2, Code of Ordinances of Kansas City, Missouri, by repealing Section 2-53 and enacting a new Section 2-53 pertaining to campaign contribution limitations.

 

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1.  That Chapter 2, Code of Ordinances of Kansas City, Missouri is hereby amended by repealing Section 2-53 and enacting in lieu thereof one new section to read as follows: 

 

Sec. 2-53. Limitation on Contributions for Mayor and Council Elections.

 

(a) Definitions. With the following exceptions, terms shall be defined as in the Missouri Campaign Finance Disclosure Law, Chapter 130, Revised Statutes of Missouri:

 

(1) Base amount means the monetary campaign contribution limitation amounts prescribed in subsection (b) hereof.

 

(2) City election means any primary, general or special election held to elect an individual to the office of Kansas City, Missouri mayor or councilperson or to retain or recall such official. A primary election and the succeeding general election or run-off election shall be considered separate City elections.

 

(3) Limitation amounts means the monetary campaign contribution limitation amounts set forth in subsection (b), as subsequently adjusted pursuant to subsection (c).

 

(b) Campaign Contribution Limitation Amounts.

 

(1) No person, other than the candidate, shall make any contribution to elect a candidate which will cause the total amount contributed by such person in a city election to such candidate to exceed the limitation amounts.

 

(2) No candidate, candidate committee or other person acting on behalf of a candidate or candidate committee shall solicit or accept from any person any contribution to elect a candidate which will cause the total amount contributed by such person in a City election to such candidate to exceed the limitations amounts.

 

(3) The limitation amounts for each City election, as defined in subsection (a)(2), are as follows:

 

a.                   To elect an individual to the office of Mayor, three thousand one hundred fifty dollars.

 

b. To elect an individual to the office of Councilperson At-Large, two thousand six hundred twenty-five dollars.

 

c. To elect an individual to the office of In-District Councilperson, one thousand five hundred seventy-five dollars. 

 

(c) Adjustments to limitation amounts. The base amounts set forth in subsection (b) shall be increased on the first day of each Primary Election Period. The first adjustment shall be made on June 24, 2015 by multiplying the base year amount by the cumulative consumer price index, as defined in Section 104.010 RSMo, as subsequently amended, and rounded to the nearest twenty-five dollar amount reflected for the previous four years. Adjustment shall be made on the first day of each Primary Election Period thereafter reflecting the increase in the price index for the previous four years. The City Clerk shall forward to the City Council at the first legislative session of the Council following the first day of each Primary Election, the adjusted limitation amounts and issue public notice, during the next thirty days, of the adjusted limitation amounts.

 

(d) Determination of maximum contribution.

 

(1) For purposes of computing the limitation amounts for a city election, the aggregate amount of contributions made by or accepted from any person for such city election shall be computed by adding all contributions made by or accepted from, as the case may be, such person during the following periods:

 

a. Primary Election Period: Beginning at 12:00 a.m. on the day after the general or run-off election and ending at 11:59 p.m. on the day of the next primary election.

 

b. General Election Period: Beginning at 12:00 a.m. on the day after the primary election and ending at 11:59 p.m. on the day of the immediately following general or run-off election.

 

c. For contributions made and received during the thirty-day period immediately following a primary election, the candidate shall designate whether such contribution to a candidate committee is made and received as a primary election contribution or a general or run-off election contribution.

 

(2) For contributions made and received during the twenty-five day period immediately following a general election, the candidate shall designate whether such contribution to a candidate committee is made and received as a general or run-off election contribution or a primary election contribution for the new primary election period.

 

(3) Contributions may be made to and received by a candidate committee to satisfy outstanding obligations in excess of monies on hand as long as the aggregate contribution received from or made by a person does not exceed the limitation amounts for the aggregating period in which the debt was incurred.

 

(4) Change of Office.

 

a. This provision applies to a person and any candidate or exploratory committee controlled by that person who changes the office sought during the City primary election period from a non-City office to a City office, and who does not eventually stand for election to the non-City office. The limitation amounts of the City office sought shall apply to all contributions made to and received by such individual during the City primary election period and the City general election period.

 

b.                  This provision applies to a person and any candidate or exploratory committee controlled by that person who changes the office sought during the City primary election period from one City Office to another City Office with lower contribution limits. The lower limitation amounts of the City office sought shall apply to all contributions made to and received by such individual during the City primary election period and the City general election period.

 

c. This provision applies to a person and any candidate or exploratory committee controlled by that person who runs for a non-City office and stands for election to that non-City office, and subsequent to the election becomes a candidate for a City office. The limitation amount of the City office sought shall apply to all contributions made to and received by such individual beginning at 12:00 a.m. on the day after the non-City election wherein the person stood for election.

 

1. The rule established by this subsection shall not apply to contributions to the person or any candidate or exploratory committee made prior to the person becoming a candidate for City office but after the non-City election wherein the person stood for election, that were subsequently transferred to a continuing committee or other committee lawfully receiving the transfer.

 

2. A person or any candidate or exploratory committee making such transfers shall identify in writing to the City Clerk the contributions which exceed the limitation amount of the City office sought and shall identify the continuing committee or other committee to which the contributions were transferred.

 

d. All contributions over the limitations of the new office sought shall be returned to the contributor within ten days of the change in the office sought.

 

(e) Contributions from Persons under Eighteen. Contributions from persons fewer than eighteen years of age shall be considered made by the parents or guardians of such person and shall be attributed toward any limitation amounts prescribed herein. Where the contributor fewer than eighteen years of age has two custodial parents or guardians, fifty percent of the contribution shall be attributed to each parent or guardian. Where such contributor has one custodial parent or guardian, all such contributions shall be attributed to the custodial parent or guardian.

 

(f) Duties of the Municipal Officials and Officers Ethics Commission. The Municipal Officials and Officers Ethics Commission shall review each Missouri Ethics Commission Campaign Disclosure Report filed by a candidate or a candidate committee pertaining to a city election. The Commission shall timely investigate possible violations of this ordinance, following the process set out in the City’s Code of Ethics. The City Manager shall designate an employee to assist the Commission with its reviews.

 

(g) Violations. It shall be a violation of this ordinance:

 

(1) for any contributor to contribute to any candidate, candidate committee or person acting on behalf of a candidate or candidate committee any amount exceeding the limitation amounts;

 

(2) for any candidate, candidate committee, candidate committee treasurer, or person acting on behalf of a candidate or candidate committee to accept any contribution which exceeds the limitation amounts. An unauthorized contribution is accepted if it is not returned to the contributor within 30 days of receipt of the unauthorized contribution; 

 

(3) for any candidate or candidate committee treasurer to fail to return within 30 days of receipt of the unauthorized contribution, a contribution which exceeds the limitation amounts, including interest or other premium earned by the contribution exceeding the authorized limitations and each and every day or portion thereof during which any violation of this provision is committed or continued shall be a separate offense;

 

(4) for any person to make a contribution in the name of another person, or to permit his or her name to be used to effect such a contribution, or to accept a contribution made by one person in the name of another person;

 

(5) for any person to fail to report contributions.

 

(h) Penalty. Any person who violates this section shall be punishable by a fine not to exceed $1,000.00 and/or not more than 6 months in jail.

 

(i) Applicability. This ordinance applies to any committee which is formed, controlled or directed by a candidate for a City election. Independent expenditures of funds by persons, corporations, or organizations not connected with the candidate are not covered by this ordinance and were not covered in Ordinance 090988.

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

William Geary

City Attorney