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SECOND REGULAR SESSION
HOUSE BILL NO. 1877
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE REUTER.
4665H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Section 130.034, RSMo, is repealed and one new section enacted in lieu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 130.01 1, 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 of fice;
8 (3) Any child car e expenses that res ult direc tly fr om campaigning for office or in
9 connection with the duties of public office and would not have been otherwise incurr ed
10 but for those activities. Eligible child car e expenses include any expenses that provi de
11 for the well-being and pro tection of the child, pr ovided 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 of fice
14 pertaining to the entertaining of or providing social courtesies to constituents, professional
15 associations, or other holders of elective of fice;
16 [ (4) ] (5) The return of any contribution to the person who made the contribution to
17 the candidate or holder of elective of fice;
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 [ (5) ] (6) T o contribute to a political or ganization [ or candidate committee ] as allowed
19 by law;
20 [ (6) ] (7) T o establish a new committee as defined by this chapter;
21 [ (7) ] (8) T o make an unconditional gift which is fully vested to any charitable,
22 fraternal or civic org anizations or other associations formed to provide for some good in the
23 order of benevolence, if such candidate, former candidate or holder of elective of fice 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 of fice
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 of fice. 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 of fice 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 130.01 1, received by a candidate, former
36 candidate or holder of elective of fice 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 130.01 1 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, of fice 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
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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.
✔
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