HOUSE BILL NO. 1877 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE REUTER.
4665H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 130.034, RSMo, and to enact in lieu thereof one new section relating to permissible uses for campaign funds, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 130.034, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 130.034, to read as follows: 130.034. 1. Contributions as defined in section 130.011, received by any committee 2 shall not be converted to any personal use. 3 2. Contributions may be used for any purpose allowed by law including, but not 4 limited to: 5 (1) Any ordinary expenses incurred relating to a campaign; 6 (2) Any ordinary and necessary expenses incurred in connection with the duties of a 7 holder of elective office; 8 (3) Any child care expenses that result directly from campaigning for office or in 9 connection with the duties of public office and would not have been otherwise incurred 10 but for those activities. Eligible child care expenses include any expenses that provide 11 for the well-being and protection of the child, provided that no expenditure shall be 12 made to a member of the candidate's or officeholder's household; 13 (4) Any expenses associated with the duties of candidacy or of elective office 14 pertaining to the entertaining of or providing social courtesies to constituents, professional 15 associations, or other holders of elective office; 16 [(4)] (5) The return of any contribution to the person who made the contribution to 17 the candidate or holder of elective office;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1877 2
18 [(5)] (6) To contribute to a political organization [or candidate committee] as allowed 19 by law; 20 [(6)] (7) To establish a new committee as defined by this chapter; 21 [(7)] (8) To make an unconditional gift which is fully vested to any charitable, 22 fraternal or civic organizations or other associations formed to provide for some good in the 23 order of benevolence, if such candidate, former candidate or holder of elective office or such 24 person's immediate family gain no direct financial benefit from the unconditional gift; 25 [(8)] (9) Except when such candidate, former candidate or holder of elective office 26 dies while the committee remains in existence, the committee may make an unconditional gift 27 to a fund established for the benefit of the spouse and children of the candidate, former 28 candidate or holder of elective office. The provisions of this subdivision shall expire October 29 1, 1997. 30 3. Upon the death of the candidate, former candidate or holder of elective office who 31 received such contributions, all contributions shall be disposed of according to this section 32 and any funds remaining after final settlement of the candidate's decedent's estate, or if no 33 estate is opened, then twelve months after the candidate's death, will escheat to the state of 34 Missouri to be deposited in the general revenue fund. 35 4. No contributions, as defined in section 130.011, received by a candidate, former 36 candidate or holder of elective office shall be used to make restitution payments ordered of 37 such individual by a court of law or for the payment of any fine resulting from conviction of a 38 violation of any local, state or federal law. 39 5. Committees described in subdivision (17) of section 130.011 shall make 40 expenditures only for the purpose of determining whether an individual will be a candidate. 41 Such expenditures include polling information, mailings, personal appearances, telephone 42 expenses, office and travel expenses but may not include contributions to other candidate 43 committees. 44 6. Any moneys in the exploratory committee fund may be transferred to the candidate 45 committee upon declaration of candidacy for the position being explored. Such funds shall be 46 included for the purposes of reporting and limitation. In the event that candidacy is not 47 declared for the position being explored, the remaining exploratory committee funds shall be 48 returned to the contributors on a pro rata basis. In no event shall the amount returned exceed 49 the amount given by each contributor nor be less than ten dollars. 50 7. Funds held in candidate committees, campaign committees, debt service 51 committees, and exploratory committees shall be liquid such that these funds shall be 52 readily available for the specific and limited purposes allowed by law. These funds may be 53 invested only in short-term treasury instruments or short-term bank certificates with durations 54 of one year or less, or that allow the removal of funds at any time without any additional HB 1877 3
55 financial penalty other than the loss of interest income. Continuing committees, political 56 party committees, and other committees such as out-of-state committees not formed for the 57 benefit of any single candidate or ballot issue shall not be subject to the provisions of this 58 subsection. This subsection shall not be interpreted to restrict the placement of funds in an 59 interest-bearing checking account. ✔
Statutes affected: