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SECOND REGULAR SESSION
HOUSE BILL NO. 1904
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PLANK.
4065H.02I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 130.01 1 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Section A. Sections 130.01 1 and 130.047, RSMo, are repealed and three new sections
2 enacted in lieu thereof, to be known as sections 130.01 1, 130.047, and 355.077, to read as
3 follows:
130.01 1. As used in this chapter , unless the context clearly indicates otherwise, the
2 following terms mean:
3 (1) "Appropriate of ficer" or "appropriate of ficers", 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 of fice. The
10 term candidate includes an elected of ficeholder 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 of fice, an individual standing for retention in an election to an of fice to which the individual
13 was previously appointed, an individual who seeks nomination or election whether or not the
14 specific elective public of fice 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
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.
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 of fice; except that, such individual shall not be deemed a
24 candidate if the person files a statement with the appropriate of ficer 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 of fice 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 of fice;
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 of fice 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;
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54 c. A corporation, cooperative association, partnership, proprietorship, or joint venture
55 or ganized 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 of fice 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 or ganization org anized 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 of fice 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 or ganization 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 or ganization 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 of ficer or employee thereof, acting in the person's of ficial 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
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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 of fice shall have only one candidate committee for the
95 elective of fice 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 af fidavit with the appropriate of ficer 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 or ganized or sponsored by a business entity , a
107 labor or ganization, a professional association, a trade or business association, a club or other
108 or ganization 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 (1 1) "Connected org anization", any or ganization such as a corporation, a labor
114 or ganization, a membership or ganization, 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, of ficers, directors,
117 employees or security holders. An or ganization shall be deemed to be the connected
118 or ganization if more than fifty percent of the persons making contributions to the committee
119 during the current calendar year are members, of ficers, directors, employees or security
120 holders of such or ganization 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 of fice 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:
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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 of fice;
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 affair s;
137 (e) Any loan, guarantee of a loan, cancellation or forgiv eness 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, of fice space or equipment supplied by any person to a candidate or
148 committee without char ge or at reduced char ges, 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 org anization,
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 of fer 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;
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165 d. The costs incurred by any connected or ganization 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, of ficers, directors, employees or security holders of the connected
169 or ganization;
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 of ficeholder 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 official ly
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
1 8 4 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 of fice 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 af fair or fund-raising event of or for candidates or committees, or the
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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 or ganization
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
20 8 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 char ge to the candidate
212 or to any person supporting or opposing a candidate or ballot measure;
213 b. The internal dissemination by any membership or ganization, proprietorship, labor
214 or ganization, corporation, association or other entity of information advocating the election or
215 defeat of a candidate or candidates or the passage or defeat of a ballot measure or measures to
216 its directors, of ficers, members, employees or security holders, provided that the cost incurred
217 is reported [ pursuant to subsection 2 of section 130.051 ] as requ ired by this chapter ;
218 c. Repayment of a loan, but such repayment shall be indicated in required reports;
219 d. The rendering of voluntary personal services by an individual of the sort
220 commonly performed by volunteer campaign workers and the payment by such individual of
221 the individual's necessary and ordinary personal expenses incidental to such volunteer
222 activity , provided no compensation is, directly or indirectly , asked or given;
223 e. The costs incurred by any connected or ganization listed pursuant to subdivision (4)
224 of subsection 5 of section 130.021 for establishing, administering or maintaining a committee,
225 or for the solicitation of contributions to a committee which solicitation is solely directed or
226 related to the members, of ficers, directors, employees or security holders of the connected
227 or ganization;
228 f. The use of a candidate's own money or property for expense of the candidate's
229 personal food, lodging, travel, and payment of any fee necessary to the filing for public of fice,
230 if such expense is not reimbursed to the candidate from any source;
231 (18) "Exploratory [ committees ] committee ", a committee which shall be formed by
232 an individual to receive contributions and make expenditures on behalf of this individual in
233 determining whether or not the individual seeks elective of fice. Such committee shall
234 terminate no later than December thirty-first of the year prior to the general election for the
235 possible of fice;
236 (19) "Fund-raising event", an event such as a dinner , luncheon, reception, cof fee,
237 testimonial, rally , auction or similar af fair through which contributions are solicited or
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238 received by such means as the purchase of tickets, payment of attendance fees, donations for
239 prizes or through the purchase of goods, services or political merchandise;
240 (20) "In-kind contribution" or "in-kind expenditure", a contribution or expenditure in
241 a form other than money . The term "in-kind contribution" or "in-kind expenditur e"
242 shall include, with r espect to corporations r egulated under chapter 355 and any for eign
243 nonpr ofit corporations, any contribution or expenditure made by such corporations for
244 the purpose of supporting or opposing a candidate for office or a ballot measur e ;
245 (21) "Labor or ganization", any or ganization of any kind, or any agency or employee
246 representation committee or plan, in which employees participate and which exists for the
247 purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes,
248 wages, rates of pay , hours of employment, or conditions of work;
249 (22) "Loan", a transfer of money , property or anything of ascertainable monetary
250 value in exchange for an obligation, conditional or not, to repay in whole or in part and which
251 was contracted, used, or intended for use in an election campaign, or which was made or
252 received by a committee or which was contracted, used, or intended to pay previously
253 incurred campaign debts or obligations of a candidate or the debts or obligations of a
254 committee;
255 (23) "Person", an individual, group of individuals, corporation, partnership,
256 committee, proprietorship, joint venture, any department, agency , board, institution or other
257 entity of the state or any of its political subdivisions, union, labor or ganization, trade or
258 professional or business association, association, political party or any executive committee
259 thereof, or any other club or or ganization however constituted or any of ficer or employee of
260 such entity acting in the person's of ficial capacity;
261 (24) "Political merchandise", goods such as bumper stickers, pins, hats, ties, jewelry ,
262 literature, or other items sold or distributed at a fund-raising event or to the general public for
263 publicity or for the purpose of raising funds to be used in supporting or opposing a candidate
264 for nomination or election or in supporting or opposing the qualification, passage or defeat of
265 a ballot measure;
266 (25) "Political party", a political party which has the right under law to have the
267 names of its candidates listed on the ballot in a general election;
268 (26) "Political party committee", a state, district, county , city , or area committee of a
269 political party , as defined in section 1 15.603, which may be or ganized as a not-for -profit
270 corporation under Missouri law , and which committee is of continuing existence, and has the
271 primary or incidental purpose of receiving contributions and making expenditures to
272 influence or attempt to influence the action of voters on behalf of the political party;
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273 (27) "Public of fice" or "of fice", any state, judicial, county , municipal, school or other
274 district, ward, township, or other political subdivision of fice or any political party of fice
275 which is filled by a vote of registered voters;
276 (28) "Regular session", includes that period beginning on the first W ednesday after
277 the first Monday in January and ending following the first Friday after the second Monday in
278 May;
279 (29) "W rite-in candidate", an individual whose name is not printed on the ballot but
280 who otherwise meets the definition of candidate in subdivision (3) of this section.
130.047. Any person , including any corporation r egulated under chapter 355 and
2 any for eign nonprof it corporation, who is not a defined committee who makes an
3 expenditure or expenditures aggregating five hundred dollars or more in support of, or
4 opposition to, one or more candidates or in support of, or in opposition to, the qualification or
5 passage of one or more ballot measures, other than a contribution made directly to a candidate
6 or committee, shall file a report signed by the person making the expenditures, or that
7 person's authorized agent. The report shall include the name and address of the person
8 making the expenditure, the date and amount of the expenditure or expenditures, the name
9 and address of the payee, and a description of the nature and purpose of each expenditure.
10 Such report shall be filed with the appropriate of ficer having jurisdiction over the election of
11 the candidate or ballot measure in question as set forth in section 130.026 no later than
12 fourteen days after the date of making an expenditure which by itself or when added to all
13 other such expenditures during the same campaign equals five hundred dollars or more. If,
14 after filing such report, additional expenditures are made, a further report shall be filed no
15 later than fourteen days after the date of making the additional expenditures; except that, if
16 any such expenditure is made within fourteen days prior to an election, the report shall be
17 filed no later than forty-eight hours after the date of such expenditure. The provisions of this
18 subsection shall not apply to a person who uses only the person's funds or resources to make
19 an expenditure or expenditures in support of or in coordination or consultation with a
20 candidate or committee; provided that, any such expenditure is recorded as a contribution to
21 such candidate or committee and so reported by the candidate or committee being supported
22 by the expenditure or expenditures.
355.077. A corporation regula ted under this chapter that makes an in-kind
2 contribution or in-kind expenditure shall:
3 (1) Be subject to the contribution and expenditure limitations imposed under
4 Article III, Section 2 and Article VIII, Section 23 of the Constitution of Missouri; and
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5 (2) Report the in-kind expenditure in the manner requ ired under section
6 130.047.
✔
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