CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE increasing civil assessments for failure to timely file reports; amending Seattle Municipal Code Sections 2.04.330.
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WHEREAS, one of the chief purposes of Seattle's Election Campaign Contributions Code is to provide timely information on the contributions to and expenditures by political committees; and
WHEREAS, the civil assessment for failing to timely file campaign reports has not changed in almost 20 years; and
WHEREAS, the Seattle Ethics and Elections Commission believes that the civil assessments are no longer significant enough to deter committees from failing to file timely reports; NOW, THEREFORE;
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Seattle Municipal Code Section 2.04.330, last amended by Ordinance 118569, is amended as follows:
2.04.330 - Late filing-Civil assessments.
A. The City Clerk shall stamp, write on, or mark mechanically or electronically on each statement or report filed under this chapter the date and time it is received.
B. Failure to file any statement or report on the date due or mail the same to the City Clerk, postage prepaid, on the date due, shall subject a candidate, campaign treasurer, political committee or officer of a political committee to a late filing penalty, as follows:
1. A civil assessment of ((Ten Dollars ($10))) $50 for each day that the report is due but not filed for failing to make a timely filing;
2. A civil assessment of ((Fifty Dollars ($50))) $150 per day for any statement or report that is due within ((seven (7))) 30 days of an election for each day the statement or report is not filed up to and including election day; and
3. A civil assessment of ((Ten Dollars ($10))) $50 per day that any other statement or report is due and is not filed, and for each day after election day a statement or report in subsection 2.04.330.B.2 is due and remains unfiled.
Failure to file each statement or report is a separate infraction.
C. A filing received by mail shall be deemed filed on the date of the postmark. A filing received by facsimile or electronically shall be deemed filed when the transmission has been completely received. The Commission may adopt rules to specify how that receipt date and time is determined in each medium. It shall be a defense that a filing made solely by mail was lost in the mail.
D. The Executive Director shall determine and collect the amounts due. A person aggrieved by a determination of the Executive Director may appeal to the Commission. The decision of the Commission after a hearing shall be final.
Section 2. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ____ day of ________________________, 2015, and
signed by me in open session in authentication of its passage this
_____ day of ___________________, 2015.
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President __________of the City Council
Approved by me this ____ day of _____________________, 2015.
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Edward B. Murray, Mayor
Filed by me this ____ day of __________________________, 2015.
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Monica Martinez Simmons, City Clerk
(Seal)