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SECOND REGULAR SESSION
SENATE BILL NO. 1133
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (26).
4965S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 130.176, RSMo, and to enact in lieu thereof one new section relating to campaign
finance, with an emergency clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 130.176, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 130.176, 2
to read as follows:3
130.176. 1. Upon a committee's receipt of a 1
contribution of more than two thousand dollars, the 2
treasurer shall obtain from the donor an affirmation that 3
the donor is not a foreign national and has not knowingly or 4
willfully accepted funds, directly or indirectly, 5
aggregating in excess of ten thousand dollars from one or 6
more prohibited sources within the two-year period 7
immediately preceding the date the contribution is made, in 8
the case of an individual, or within the four-year period 9
immediately preceding the date the contribution is made, in 10
case of any other entity. Receipt of an affirmation by a 11
committee pursuant to this subsection shall create a 12
rebuttable presumption of compliance with this subsection on 13
the part of the committee. Nothing in this subsection shall 14
prohibit the attorney general from pursuing any action 15
pursuant to section 130.188 if the attorney general has 16
found a willful violation of this subsection. 17
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2. Each disclosure report filed pursuant to section 18
130.041 shall require the treasurer of a committee to affirm 19
that the donor associated with each contribution is not a 20
foreign national and has not knowingly or willfully 21
received, solicited, or accepted, whether directly or 22
indirectly, contributions from one or more prohibited 23
sources aggregating in excess of ten thousand dollars within 24
the two-year period immediately preceding the date of the 25
contribution, in the case of an individual, or within the 26
four-year period immediately preceding the date of the 27
contribution, in the case of any other entity. 28
3. Within forty-eight hours of making one or more 29
expenditures supporting or opposing a ballot measure, the 30
entity making the expenditure shall affirm to the Missouri 31
ethics commission that it has not knowingly or willfully 32
accepted funds, directly or indirectly, aggregating in 33
excess of ten thousand dollars from one or more prohibited 34
sources within the four-year period immediately preceding 35
the date the expenditure is made and that it will not do so 36
through the remainder of the calendar year in which the 37
ballot measure will appear on the ballot. Each disclosure 38
report filed pursuant to section 130.041 shall require the 39
entity making the expenditure to affirm that it has not 40
knowingly or willfully accepted funds, directly or 41
indirectly, aggregating in excess of ten thousand dollars 42
from one or more prohibited sources within the four-year 43
period immediately preceding the date the expenditure is 44
made. Receipt of an affirmation from a donor that it is not 45
a foreign national shall create a rebuttable presumption 46
that the entity has not knowingly or willingly accepted 47
funds, directly or indirectly, aggregating in excess of ten 48
thousand dollars from one or more prohibited sources. 49
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Nothing in this subsection shall prohibit the attorney 50
general from pursuing any action pursuant to section 130.188 51
if the attorney general has found a willful violation of 52
this subsection. 53
4. Notwithstanding any provision of this section to 54
the contrary, a donor or entity that makes a contribution to 55
a committee or an expenditure in support of or in opposition 56
to a ballot measure from its own funds obtained through the 57
usual course of business or in any commercial or other 58
transaction from any source and which are not contributions 59
does not violate this section. 60
5. A committee shall not accept an in-kind 61
contribution from any foreign national or from any 62
individual or entity that has knowingly or willfully 63
accepted funds, directly or indirectly, aggregating in 64
excess of ten thousand dollars from one or more foreign 65
nationals within the four-year period immediately preceding 66
the date the in-kind contribution is made. A foreign 67
national shall not make an in-kind expenditure for the 68
purpose of supporting or opposing any ballot measure. 69
Section B. Because of the need to ensure that Missouri 1
elections are protected from undue foreign influence, 2
section A of this act is deemed necessary for the immediate 3
preservation of the public health, welfare, peace, and 4
safety, and is hereby declared to be an emergency act within 5
the meaning of the constitution, and section A of this act 6
shall be in full force and effect upon its passage and 7
approval. 8
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