EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 242
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NURRENBERN.
1171S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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Section A. Section 130.034, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 130.034, 2
to read as follows:3
130.034. 1. Contributions as defined in section 1
130.011, received by any committee shall not be converted to 2
any personal use. 3
2. Contributions may be used for any purpose allowed 4
by law including, but not limited to: 5
(1) Any ordinary expenses incurred relating to a 6
campaign; 7
(2) Any ordinary and necessary expenses incurred in 8
connection with the duties of a holder of elective office; 9
(3) Any childcare expenses that result directly from 10
campaigning for office or in connection with the duties of 11
public office that would not have been otherwise incurred 12
but for those activities. Eligible childcare expenses 13
include any expenses that provide for the well -being and 14
protection of the child, provided that no expenditu re shall 15
be made to a member of the candidate's or office holder's 16
household; 17 SB 242 2
(4) Any expenses associated with the duties of 18
candidacy or of elective office pertaining to the 19
entertaining of or providing social courtesies to 20
constituents, profes sional associations, or other holders of 21
elective office; 22
[(4)] (5) The return of any contribution to the person 23
who made the contribution to the candidate or holder of 24
elective office; 25
[(5)] (6) To contribute to a political organization 26
[or candidate committee ] as allowed by law; 27
[(6)] (7) To establish a new committee as defined by 28
this chapter; 29
[(7)] (8) To make an unconditional gift which is fully 30
vested to any charitable, fraternal or civic organizations 31
or other associations formed to provide for some good in the 32
order of benevolence, if such candidate, former candidate or 33
holder of elective office or such person's immediate family 34
gain no direct financial benefit from the unconditional gift; 35
[(8)] (9) Except when such candidate, former candidate 36
or holder of elective office dies while the committee 37
remains in existence, the committee may make an 38
unconditional gift to a fund established for the benefit of 39
the spouse and children of the candidate, former candida te 40
or holder of elective office. The provisions of this 41
subdivision shall expire October 1, 1997. 42
3. Upon the death of the candidate, former candidate 43
or holder of elective office who received such 44
contributions, all contributions shall be dispo sed of 45
according to this section and any funds remaining after 46
final settlement of the candidate's decedent's estate, or if 47
no estate is opened, then twelve months after the 48 SB 242 3
candidate's death, will escheat to the state of Missouri to 49
be deposited in the general revenue fund. 50
4. No contributions, as defined in section 130.011, 51
received by a candidate, former candidate or holder of 52
elective office shall be used to make restitution payments 53
ordered of such individual by a court of law or for the 54
payment of any fine resulting from conviction of a violation 55
of any local, state or federal law. 56
5. Committees described in subdivision (17) of section 57
130.011 shall make expenditures only for the purpose of 58
determining whether an individual will be a candidate. Such 59
expenditures include polling information, mailings, personal 60
appearances, telephone expenses, office and travel expenses 61
but may not include contributions to other candidate 62
committees. 63
6. Any moneys in the exploratory comm ittee fund may be 64
transferred to the candidate committee upon declaration of 65
candidacy for the position being explored. Such funds shall 66
be included for the purposes of reporting and limitation. 67
In the event that candidacy is not declared for the pos ition 68
being explored, the remaining exploratory committee funds 69
shall be returned to the contributors on a pro rata basis. 70
In no event shall the amount returned exceed the amount 71
given by each contributor nor be less than ten dollars. 72
7. Funds held in candidate committees, campaign 73
committees, debt service committees, and exploratory 74
committees shall be liquid such that these funds shall be 75
readily available for the specific and limited purposes 76
allowed by law. These funds may be invested on ly in short- 77
term treasury instruments or short -term bank certificates 78
with durations of one year or less, or that allow the 79
removal of funds at any time without any additional 80 SB 242 4
financial penalty other than the loss of interest income. 81
Continuing committees, political party committees, and other 82
committees such as out -of-state committees not formed for 83
the benefit of any single candidate or ballot issue shall 84
not be subject to the provisions of this subsection. This 85
subsection shall not be interpre ted to restrict the 86
placement of funds in an interest -bearing checking account. 87