HOUSE BILL NO. 1863 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BUTZ.
4810H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 130.041, RSMo, and to enact in lieu thereof one new section relating to campaign finance disclosure reports, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 130.041, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 130.041, to read as follows: 130.041. 1. Except as provided in subsection 5 of section 130.016, the candidate, if 2 applicable, treasurer or deputy treasurer of every committee which is required to file a 3 statement of organization, shall file a legibly printed or typed disclosure report of receipts and 4 expenditures. The reports shall be filed with the appropriate officer designated in section 5 130.026 at the times and for the periods prescribed in section 130.046. Except as provided in 6 sections 130.049 and 130.050, each report shall set forth: 7 (1) The full name, as required in the statement of organization pursuant to subsection 8 5 of section 130.021, and mailing address of the committee filing the report and the full name, 9 mailing address and telephone number of the committee's treasurer and deputy treasurer if the 10 committee has named a deputy treasurer; 11 (2) The amount of money, including cash on hand at the beginning of the reporting 12 period; 13 (3) Receipts for the period, including: 14 (a) Total amount of all monetary contributions received which can be identified in the 15 committee's records by name and address of each contributor. In addition, the candidate 16 committee shall make a reasonable effort to obtain and report the employer, or occupation if 17 self-employed or notation of retirement, of each person from whom the committee received
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 1863 2
18 one or more contributions which in the aggregate total in excess of one hundred dollars and 19 shall make a reasonable effort to obtain and report a description of any contractual 20 relationship over five hundred dollars between the contributor and the state if the candidate is 21 seeking election to a state office or between the contributor and any political subdivision of 22 the state if the candidate is seeking election to another political subdivision of the state; 23 (b) Total amount of all anonymous contributions accepted; 24 (c) Total amount of all monetary contributions received through fund-raising events 25 or activities from participants whose names and addresses were not obtained with such 26 contributions, with an attached statement or copy of the statement describing each fund- 27 raising event as required in subsection 6 of section 130.031; 28 (d) Total dollar value of all in-kind contributions received; 29 (e) A separate listing by name and address and employer, or occupation if self- 30 employed or notation of retirement, of each person from whom the committee received 31 contributions, in money or any other thing of value, aggregating more than one hundred 32 dollars, together with the date and amount of each such contribution; 33 (f) A listing of each loan received by name and address of the lender and date and 34 amount of the loan. For each loan of more than one hundred dollars, a separate statement 35 shall be attached setting forth the name and address of the lender and each person liable 36 directly, indirectly or contingently, and the date, amount and terms of the loan; 37 (4) Expenditures for the period, including: 38 (a) The total dollar amount of expenditures made by check drawn on the committee's 39 depository; 40 (b) The total dollar amount of expenditures made in cash; 41 (c) The total dollar value of all in-kind expenditures made; 42 (d) The total dollar amount of expenditures made via electronic means; 43 (e) The full name and mailing address of each person to whom an expenditure of 44 money or any other thing of value in the amount of more than one hundred dollars has been 45 made, contracted for or incurred, together with the date, amount and purpose of each 46 expenditure. Expenditures of one hundred dollars or less may be grouped and listed by 47 categories of expenditure showing the total dollar amount of expenditures in each category, 48 except that the report shall contain an itemized listing of each payment made to campaign 49 workers by name, address, date, amount and purpose of each payment and the aggregate 50 amount paid to each such worker; 51 (f) A list of each loan made, by name and mailing address of the person receiving the 52 loan, together with the amount, terms and date; 53 (5) The total amount of cash on hand as of the closing date of the reporting period 54 covered, including amounts in depository accounts and in petty cash fund; HB 1863 3
55 (6) The total amount of outstanding indebtedness as of the closing date of the 56 reporting period covered; 57 (7) The amount of expenditures for or against a candidate or ballot measure during 58 the period covered and the cumulative amount of expenditures for or against that candidate or 59 ballot measure, with each candidate being listed by name, mailing address and office sought. 60 For the purpose of disclosure reports, expenditures made in support of more than one 61 candidate or ballot measure or both shall be apportioned reasonably among the candidates or 62 ballot measure or both. In apportioning expenditures to each candidate or ballot measure, 63 political party committees and continuing committees need not include expenditures for 64 maintaining a permanent office, such as expenditures for salaries of regular staff, office 65 facilities and equipment or other expenditures not designed to support or oppose any 66 particular candidates or ballot measures; however, all such expenditures shall be listed 67 pursuant to subdivision (4) of this subsection; 68 (8) A separate listing by full name and address of any committee including a 69 candidate committee controlled by the same candidate for which a transfer of funds or a 70 contribution in any amount has been made during the reporting period, together with the date 71 and amount of each such transfer or contribution; 72 (9) A separate listing by full name and address of any committee, including a 73 candidate committee controlled by the same candidate from which a transfer of funds or a 74 contribution in any amount has been received during the reporting period, together with the 75 date and amount of each such transfer or contribution; 76 (10) Each committee that receives a contribution which is restricted or designated in 77 whole or in part by the contributor for transfer to a particular candidate, committee or other 78 person shall include a statement of the name and address of that contributor in the next 79 disclosure report required to be filed after receipt of such contribution, together with the date 80 and amount of any such contribution which was so restricted or designated by that 81 contributor, together with the name of the particular candidate or committee to whom such 82 contribution was so designated or restricted by that contributor and the date and amount of 83 such contribution; 84 (11) For reports filed under subdivision (3) of subsection 1 of section 130.046, 85 copies of bank statements for each month since the previous report was filed under each 86 bank account in the name of the committee. 87 2. For the purpose of this section and any other section in this chapter except sections 88 130.049 and 130.050 which requires a listing of each contributor who has contributed a 89 specified amount, the aggregate amount shall be computed by adding all contributions 90 received from any one person during the following periods: HB 1863 4
91 (1) In the case of a candidate committee, the period shall begin on the date on which 92 the candidate became a candidate according to the definition of the term candidate in section 93 130.011 and end at 11:59 p.m. on the day of the primary election, if the candidate has such an 94 election or at 11:59 p.m. on the day of the general election. If the candidate has a general 95 election held after a primary election, the next aggregating period shall begin at 12:00 96 midnight on the day after the primary election day and shall close at 11:59 p.m. on the day of 97 the general election. Except that for contributions received during the thirty-day period 98 immediately following a primary election, the candidate shall designate whether such 99 contribution is received as a primary election contribution or a general election contribution; 100 (2) In the case of a campaign committee, the period shall begin on the date the 101 committee received its first contribution and end on the closing date for the period for which 102 the report or statement is required; 103 (3) In the case of a political party committee or a continuing committee, the period 104 shall begin on the first day of January of the year in which the report or statement is being 105 filed and end on the closing date for the period for which the report or statement is required; 106 except, if the report or statement is required to be filed prior to the first day of July in any 107 given year, the period shall begin on the first day of July of the preceding year. 108 3. The disclosure report shall be signed and attested by the committee treasurer or 109 deputy treasurer and by the candidate in case of a candidate committee. 110 4. The words "consulting or consulting services, fees, or expenses", or similar words, 111 shall not be used to describe the purpose of a payment as required in this section. The 112 reporting of any payment to such an independent contractor shall be on a form supplied by the 113 appropriate officer, established by the ethics commission and shall include identification of 114 the specific service or services provided including, but not limited to, public opinion polling, 115 research on issues or opposition background, print or broadcast media production, print or 116 broadcast media purchase, computer programming or data entry, direct mail production, 117 postage, rent, utilities, phone solicitation, or fund raising, and the dollar amount prorated for 118 each service. ✔
Statutes affected: