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SECOND REGULAR SESSION
HOUSE BILL NO. 1863
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BUTZ.
4810H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Section 130.041, RSMo, is repealed and one new section enacted in lieu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 or ganization, shall file a legibly printed or typed disclosure report of receipts and
4 expenditures. The reports shall be filed with the appropriate of ficer 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 or ganization 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) T otal 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 ef fort to obtain and report the employer , or occupation if
17 self-employed or notation of retirement, of each person from whom the committee received
EXPLANA TION — 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.
18 one or more contributions which in the aggregate total in excess of one hundred dollars and
19 shall make a reasonable ef fort 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 of fice 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) T otal amount of all anonymous contributions accepted;
24 (c) T otal 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) T otal 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;
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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 of fice 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 of fice, such as expenditures for salaries of regular staf f, of fice
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 (1 1) For repo rts filed under subdivision (3) of subsection 1 of section 130.046,
85 copies of bank statements for each month since the previ ous rep ort 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:
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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
93 130.01 1 and end at 1 1:59 p.m. on the day of the primary election, if the candidate has such an
94 election or at 1 1:59 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 1 1:59 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.
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