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SECOND REGULAR SESSION
HOUSE BILL NO. 2204
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MA YHEW .
4148H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 105 and 130, RSMo, by adding thereto two new sections relating to
expenditures made with intent to influence public opinion, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 105 and 130, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 105.990 and 130.200, to read as follows:
105.990. 1. As used in this section, the following terms shall mean:
2 (1) "Commission", the Missouri ethics commission, as established under section
3 105.955;
4 (2) "Public communication", any message distributed to the general public
5 thr ough print, broa dcast, digital, or outdoor media including, but not limited to,
6 newspapers, magazines, radio, television, internet, social media, billboards, mailers, or
7 printed handbills;
8 (3) "Sponsoring entity", any person, corporation, association, labor
9 organization, nonprof it, or political committee that pays for , pr oduces, or authorizes
10 a public communication intended to influence public opinion or participation in any
11 political, social, or ideological cause.
12 2. Any sponsoring entity that pays for , pr oduces, or authorizes a public
13 communication advocating a political, social, or ideological position, or pr omoting or
14 organizing pr otest activity , shall clearly and conspicuously include on or within such
15 communication a statement that read s: "Paid for by (name of sponsoring entity)",
16 followed by the entity’ s city and state of business. For audio or video messages, the
17 statement shall be spoken or displayed at the beginning or end of the communication in
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 a clearly audible or visible manner . For online or digital materials, the statement shall
19 appear in a location read ily viewable by the public without additional navigation or user
20 action.
21 3. This section shall not apply to:
22 (1) Personal or spontaneous social media posts made by private individuals
23 without payment for distribution;
24 (2) Genuine news coverage or editorial content not contr olled by the sponsoring
25 entity; or
26 (3) Internal communications distributed solely to members or employees of an
27 organization.
28 4. The Missouri ethics commission shall administer and enfor ce this section.
29 Any person may file a complaint with the commission alleging a violation of this
30 section. The commission shall have authority to investigate such complaints, issue
31 subpoenas, compel pr oduction of reco rds, and conduct hearings as pr ovided under
32 sections 105.957 to 105.961.
33 5. Any sponsoring entity that fails to include the re quir ed disclaimer shall be
34 subject to the same civil penalties as campaign committees under section 130.072.
35 Knowingly concealing or misr epr esenting the identity of the sponsoring entity shall
36 constitute a violation under this chapter and may be ref erred by the commission to the
37 attorney general or a prosecuting attorney for appr opriate action.
38 6. The commission may pr omulgate all necessary rules and r egulations for the
39 administration of this section. Any rule or portion of a rule, as that term is defined in
40 section 536.010, that is crea ted under the authority delegated in this section shall
41 become effective only if it complies with and is subject to all of the provi sions of chapter
42 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
43 and if any of the powers vested with the general assembly pursuant to chapter 536 to
44 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
45 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
46 adopted after August 28, 2026, shall be invalid and void.
47 7. Nothing in this section shall be construed to:
48 (1) Restrict or condition the right of any person to assemble, speak, or protes t
49 under the First Amendment to the United States Constitution or Article I, Section 8 of
50 the Constitution of Missouri;
51 (2) Regulate personal, unpaid expr ession by individuals; or
52 (3) Authorize government review of content or viewpoint.
130.200. 1. As used in this section, the following terms shall mean:
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2 (1) "Commission", the Missouri ethics commission, as established under section
3 105.955;
4 (2) "Compensated participation", any payment, gift, or thing of monetary value
5 pr ovided to a person for the purpose of attending, supporting, pro moting, or organizing
6 a pr otest activity;
7 (3) "Pr otest activity", any organized public demonstration, rally , mar ch, or
8 assembly held in a public space for the purpose of expr essing political, social, or
9 ideological views;
10 (4) "Sponsoring entity", any person, corporation, association, labor
1 1 organization, nonpro fit, political committee, or other gro up that pr ovides
1 2 compensation to one or mor e persons for participation in pr otest activity .
13 2. Any sponsoring entity that prov ides compensation to one or mor e persons for
14 participation in pro test activity within this state shall file a rep ort with the Missouri
15 ethics commission in the same manner and form as a repo rt req uired of a campaign
16 committee or political action committee under sections 130.041 to 130.056. The report
17 shall include:
18 (1) The name and contact information of the sponsoring entity;
19 (2) The total amount expended for compensated participation;
20 (3) The appr oximate number of individuals compensated;
21 (4) The date and general location of the pro test activity; and
22 (5) The name of any person or organization reta ined to organize, coordinate, or
23 manage the protes t activity .
24 3. Reports shall be filed within seven days after the compensated protest activity
25 occurs or , if total expenditures exceed five thousand dollars, within forty-eight hours.
26 4. Reports shall be filed electr onically in a form prescrib ed by the commission.
27 5. All repo rts filed under this section shall be tre ated as public re cords and made
28 available for inspection in the same manner as political expenditure rep orts under
29 section 130.050.
30 6. Any person may file a complaint with the commission alleging that a
31 sponsoring entity has violated this section. The commission shall have authority to
32 investigate such complaints, issue subpoenas, compel the pr oduction of re cords, and
33 conduct hearings as pro vided in section 105.957. If the commission finds pr obable cause
34 that a violation occurr ed, it shall pr oceed under section 105.961 and may assess a civil
35 penalty not to exceed one thousand dollars per day for each day the repo rt rem ains
36 unfiled or inaccurate.
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37 7. Knowingly concealing or misrep res enting the source of compensation shall
38 constitute a class A misdemeanor , and the commission may r efer such cases to the
39 attorney general or appr opriate pro secuting attorney .
40 8. All prov isions of this chapter r elating to repo rting, auditing, enforcem ent,
41 penalties, and appeals applicable to campaign and political action committees shall also
42 apply to sponsoring entities under this section.
43 9. The commission may pr omulgate all necessary rules and r egulations for the
44 administration of this section. Any rule or portion of a rule, as that term is defined in
45 section 536.010, that is crea ted under the authority delegated in this section shall
46 become effective only if it complies with and is subject to all of the provi sions of chapter
47 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
48 and if any of the powers vested with the general assembly pursuant to chapter 536 to
49 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
50 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
51 adopted after August 28, 2026, shall be invalid and void.
52 10. Any person who pr ovides credi ble evidence leading to a confirmed violation
53 of this section shall be pr otected fr om ret aliation as pr ovided under section 105.965.
54 The identity of such person shall rem ain confidential unless disclosur e is necessary for
55 enfor cement.
56 1 1. Nothing in this section shall be construed to:
57 (1) Restrict or condition the right of any person to assemble, speak, or protes t
58 under the First Amendment to the United States Constitution or Article I, Section 8 of
59 the Constitution of Missouri;
60 (2) Requir e any individual participant to display or communicate any
61 government-mandated message; or
62 (3) Authorize the r egulation of pr otest activity based on content, viewpoint, or
63 the identity of participants.
✔
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