HOUSE BILL NO. 1904 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PLANK.
4065H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 130.011 and 130.047, RSMo, and to enact in lieu thereof three new sections relating to campaign contributions, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 130.011 and 130.047, RSMo, are repealed and three new sections 2 enacted in lieu thereof, to be known as sections 130.011, 130.047, and 355.077, to read as 3 follows: 130.011. As used in this chapter, unless the context clearly indicates otherwise, the 2 following terms mean: 3 (1) "Appropriate officer" or "appropriate officers", the person or persons designated 4 in section 130.026 to receive certain required statements and reports; 5 (2) "Ballot measure" or "measure", any proposal submitted or intended to be 6 submitted to qualified voters for their approval or rejection, including any proposal submitted 7 by initiative petition, referendum petition, or by the general assembly or any local 8 governmental body having authority to refer proposals to the voter; 9 (3) "Candidate", an individual who seeks nomination or election to public office. The 10 term candidate includes an elected officeholder who is the subject of a recall election, an 11 individual who seeks nomination by the individual's political party for election to public 12 office, an individual standing for retention in an election to an office to which the individual 13 was previously appointed, an individual who seeks nomination or election whether or not the 14 specific elective public office to be sought has been finally determined by such individual at 15 the time the individual meets the conditions described in paragraph (a) or (b) of this 16 subdivision, and an individual who is a write-in candidate as defined in subdivision (29) of
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 1904 2
17 this section. A candidate shall be deemed to seek nomination or election when the person 18 first: 19 (a) Receives contributions or makes expenditures or reserves space or facilities with 20 intent to promote the person's candidacy for office; or 21 (b) Knows or has reason to know that contributions are being received or 22 expenditures are being made or space or facilities are being reserved with the intent to 23 promote the person's candidacy for office; except that, such individual shall not be deemed a 24 candidate if the person files a statement with the appropriate officer within five days after 25 learning of the receipt of contributions, the making of expenditures, or the reservation of 26 space or facilities disavowing the candidacy and stating that the person will not accept 27 nomination or take office if elected; provided that, if the election at which such individual is 28 supported as a candidate is to take place within five days after the person's learning of the 29 above-specified activities, the individual shall file the statement disavowing the candidacy 30 within one day; or 31 (c) Announces or files a declaration of candidacy for office; 32 (4) "Cash", currency, coin, United States postage stamps, or any negotiable 33 instrument which can be transferred from one person to another person without the signature 34 or endorsement of the transferor; 35 (5) "Check", a check drawn on a state or federal bank, or a draft on a negotiable order 36 of withdrawal account in a savings and loan association or a share draft account in a credit 37 union; 38 (6) "Closing date", the date through which a statement or report is required to be 39 complete; 40 (7) "Committee", a person or any combination of persons, who accepts contributions 41 or makes expenditures for the primary or incidental purpose of influencing or attempting to 42 influence the action of voters for or against the nomination or election to public office of one 43 or more candidates or the qualification, passage or defeat of any ballot measure or for the 44 purpose of paying a previously incurred campaign debt or obligation of a candidate or the 45 debts or obligations of a committee or for the purpose of contributing funds to another 46 committee: 47 (a) Committee, does not include: 48 a. A person or combination of persons, if neither the aggregate of expenditures made 49 nor the aggregate of contributions received during a calendar year exceeds five hundred 50 dollars and if no single contributor has contributed more than two hundred fifty dollars of 51 such aggregate contributions; 52 b. An individual, other than a candidate, who accepts no contributions and who deals 53 only with the individual's own funds or property; HB 1904 3
54 c. A corporation, cooperative association, partnership, proprietorship, or joint venture 55 organized or operated for a primary or principal purpose other than that of influencing or 56 attempting to influence the action of voters for or against the nomination or election to public 57 office of one or more candidates or the qualification, passage or defeat of any ballot measure, 58 and it accepts no contributions, and all expenditures it makes are from its own funds or 59 property obtained in the usual course of business or in any commercial or other transaction 60 and which are not contributions as defined by subdivision (12) of this section; 61 d. A labor organization organized or operated for a primary or principal purpose other 62 than that of influencing or attempting to influence the action of voters for or against the 63 nomination or election to public office of one or more candidates, or the qualification, 64 passage, or defeat of any ballot measure, and it accepts no contributions, and expenditures 65 made by the organization are from its own funds or property received from membership dues 66 or membership fees which were given or solicited for the purpose of supporting the normal 67 and usual activities and functions of the organization and which are not contributions as 68 defined by subdivision (12) of this section; 69 e. A person who acts as an authorized agent for a committee in soliciting or receiving 70 contributions or in making expenditures or incurring indebtedness on behalf of the committee 71 if such person renders to the committee treasurer or deputy treasurer or candidate, if 72 applicable, an accurate account of each receipt or other transaction in the detail required by 73 the treasurer to comply with all record-keeping and reporting requirements of this chapter; 74 f. Any department, agency, board, institution or other entity of the state or any of its 75 subdivisions or any officer or employee thereof, acting in the person's official capacity; 76 (b) The term committee includes, but is not limited to, each of the following 77 committees: campaign committee, candidate committee, continuing committee and political 78 party committee; 79 (8) "Campaign committee", a committee, other than a candidate committee, which 80 shall be formed by an individual or group of individuals to receive contributions or make 81 expenditures and whose sole purpose is to support or oppose the qualification and passage of 82 one or more particular ballot measures in an election or the retention of judges under the 83 nonpartisan court plan, such committee shall be formed no later than thirty days prior to the 84 election for which the committee receives contributions or makes expenditures, and which 85 shall terminate the later of either thirty days after the general election or upon the satisfaction 86 of all committee debt after the general election, except that no committee retiring debt shall 87 engage in any other activities in support of a measure for which the committee was formed; 88 (9) "Candidate committee", a committee which shall be formed by a candidate to 89 receive contributions or make expenditures in behalf of the person's candidacy and which 90 shall continue in existence for use by an elected candidate or which shall terminate the later of HB 1904 4
91 either thirty days after the general election for a candidate who was not elected or upon the 92 satisfaction of all committee debt after the election, except that no committee retiring debt 93 shall engage in any other activities in support of the candidate for which the committee was 94 formed. Any candidate for elective office shall have only one candidate committee for the 95 elective office sought, which is controlled directly by the candidate for the purpose of making 96 expenditures. A candidate committee is presumed to be under the control and direction of the 97 candidate unless the candidate files an affidavit with the appropriate officer stating that the 98 committee is acting without control or direction on the candidate's part; 99 (10) "Continuing committee", a committee of continuing existence which is not 100 formed, controlled or directed by a candidate, and is a committee other than a candidate 101 committee or campaign committee, whose primary or incidental purpose is to receive 102 contributions or make expenditures to influence or attempt to influence the action of voters 103 whether or not a particular candidate or candidates or a particular ballot measure or measures 104 to be supported or opposed has been determined at the time the committee is required to file 105 any statement or report pursuant to the provisions of this chapter. Continuing committee 106 includes, but is not limited to, any committee organized or sponsored by a business entity, a 107 labor organization, a professional association, a trade or business association, a club or other 108 organization and whose primary purpose is to solicit, accept and use contributions from the 109 members, employees or stockholders of such entity and any individual or group of individuals 110 who accept and use contributions to influence or attempt to influence the action of voters. 111 Such committee shall be formed no later than sixty days prior to the election for which the 112 committee receives contributions or makes expenditures; 113 (11) "Connected organization", any organization such as a corporation, a labor 114 organization, a membership organization, a cooperative, or trade or professional association 115 which expends funds or provides services or facilities to establish, administer or maintain a 116 committee or to solicit contributions to a committee from its members, officers, directors, 117 employees or security holders. An organization shall be deemed to be the connected 118 organization if more than fifty percent of the persons making contributions to the committee 119 during the current calendar year are members, officers, directors, employees or security 120 holders of such organization or their spouses; 121 (12) "Contribution", a payment, gift, loan, advance, deposit, or donation of money or 122 anything of value for the purpose of supporting or opposing the nomination or election of any 123 candidate for public office or the qualification, passage or defeat of any ballot measure, or for 124 the support of any committee supporting or opposing candidates or ballot measures or for 125 paying debts or obligations of any candidate or committee previously incurred for the above 126 purposes. A contribution of anything of value shall be deemed to have a money value 127 equivalent to the fair market value. Contribution includes, but is not limited to: HB 1904 5
128 (a) A candidate's own money or property used in support of the person's candidacy 129 other than expense of the candidate's food, lodging, travel, and payment of any fee necessary 130 to the filing for public office; 131 (b) Payment by any person, other than a candidate or committee, to compensate 132 another person for services rendered to that candidate or committee; 133 (c) Receipts from the sale of goods and services, including the sale of advertising 134 space in a brochure, booklet, program or pamphlet of a candidate or committee and the sale of 135 tickets or political merchandise; 136 (d) Receipts from fund-raising events including testimonial affairs; 137 (e) Any loan, guarantee of a loan, cancellation or forgiveness of a loan or debt or 138 other obligation by a third party, or payment of a loan or debt or other obligation by a third 139 party if the loan or debt or other obligation was contracted, used, or intended, in whole or in 140 part, for use in an election campaign or used or intended for the payment of such debts or 141 obligations of a candidate or committee previously incurred, or which was made or received 142 by a committee; 143 (f) Funds received by a committee which are transferred to such committee from 144 another committee or other source, except funds received by a candidate committee as a 145 transfer of funds from another candidate committee controlled by the same candidate but such 146 transfer shall be included in the disclosure reports; 147 (g) Facilities, office space or equipment supplied by any person to a candidate or 148 committee without charge or at reduced charges, except gratuitous space for meeting 149 purposes which is made available regularly to the public, including other candidates or 150 committees, on an equal basis for similar purposes on the same conditions; 151 (h) The direct or indirect payment by any person, other than a connected organization, 152 of the costs of establishing, administering, or maintaining a committee, including legal, 153 accounting and computer services, fund raising and solicitation of contributions for a 154 committee; 155 (i) Contribution does not include: 156 a. Ordinary home hospitality or services provided without compensation by 157 individuals volunteering their time in support of or in opposition to a candidate, committee or 158 ballot measure, nor the necessary and ordinary personal expenses of such volunteers 159 incidental to the performance of voluntary activities, so long as no compensation is directly or 160 indirectly asked or given; 161 b. An offer or tender of a contribution which is expressly and unconditionally rejected 162 and returned to the donor within ten business days after receipt or transmitted to the state 163 treasurer; 164 c. Interest earned on deposit of committee funds; HB 1904 6
165 d. The costs incurred by any connected organization listed pursuant to subdivision (4) 166 of subsection 5 of section 130.021 for establishing, administering or maintaining a committee, 167 or for the solicitation of contributions to a committee which solicitation is solely directed or 168 related to the members, officers, directors, employees or security holders of the connected 169 organization; 170 (13) "County", any one of the several counties of this state or the City of St. Louis; 171 (14) "Disclosure report", an itemized report of receipts, expenditures and incurred 172 indebtedness which is prepared on forms approved by the Missouri ethics commission and 173 filed at the times and places prescribed; 174 (15) "Election", any primary, general or special election held to nominate or elect an 175 individual to public office, to retain or recall an elected officeholder or to submit a ballot 176 measure to the voters, and any caucus or other meeting of a political party or a political party 177 committee at which that party's candidate or candidates for public office are officially 178 selected. A primary election and the succeeding general election shall be considered separate 179 elections; 180 (16) "Electronic means", any instrument, device, or service that facilitates an 181 electronic withdrawal of funds from a bank account including, but not limited to, credit cards, 182 debit cards, and the presentation of a credit or debit card account number; 183 (17) "Expenditure", a payment, advance, conveyance, deposit, donation or 184 contribution of money or anything of value for the purpose of supporting or opposing the 185 nomination or election of any candidate for public office or the qualification or passage of any 186 ballot measure or for the support of any committee which in turn supports or opposes any 187 candidate or ballot measure or for the purpose of paying a previously incurred campaign debt 188 or obligation of a candidate or the debts or obligations of a committee; a payment, or an 189 agreement or promise to pay, money or anything of value, including a candidate's own money 190 or property, for the purchase of goods, services, property, facilities or anything of value for 191 the purpose of supporting or opposing the nomination or election of any candidate for public 192 office or the qualification or passage of any ballot measure or for the support of any 193 committee which in turn supports or opposes any candidate or ballot measure or for the 194 purpose of paying a previously incurred campaign debt or obligation of a candidate or the 195 debts or obligations of a committee. An expenditure of anything of value shall be deemed to 196 have a money value equivalent to the fair market value. Expenditure includes, but is not 197 limited to: 198 (a) Payment by anyone other than a committee for services of another person 199 rendered to such committee; 200 (b) The purchase of tickets, goods, services or political merchandise in connection 201 with any testimonial affair or fund-raising event of or for candidates or committees, or the HB 1904 7
202 purchase of advertising in a brochure, booklet, program or pamphlet of a candidate or 203 committee; 204 (c) The transfer of funds by one committee to another committee; 205 (d) The direct or indirect payment by any person, other than a connected organization 206 for a committee, of the costs of establishing, administering or maintaining a committee, 207 including legal, accounting and computer services, fund raising and solicitation of 208 contributions for a committee; but 209 (e) Expenditure does not include: 210 a. Any news story, commentary or editorial which is broadcast or published by any 211 broadcasting station, newspaper, magazine or other periodical without charge to the candidate 212 or to any person supporting or opposing a candidate or ballot measure; 213 b. The internal dissemination by any membership organization, proprietorship, labor 214 organization, corporation, association or other entity of information advo