1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 242 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR NURRENBERN. |
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8 | 8 | | 1171S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 130.034, RSMo, and to enact in lieu thereof one new section relating to |
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11 | 11 | | permissible uses for campaign funds, with penalty provisions. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 130.034, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 130.034, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 130.034. 1. Contributions as defined in section 1 |
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18 | 18 | | 130.011, received by any committee shall not be converted to 2 |
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19 | 19 | | any personal use. 3 |
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20 | 20 | | 2. Contributions may be used for any purpose allowed 4 |
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21 | 21 | | by law including, but not limited to: 5 |
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22 | 22 | | (1) Any ordinary expenses incurred relating to a 6 |
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23 | 23 | | campaign; 7 |
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24 | 24 | | (2) Any ordinary and necessary expenses incurred in 8 |
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25 | 25 | | connection with the duties of a holder of elective office; 9 |
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26 | 26 | | (3) Any childcare expenses that result directly from 10 |
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27 | 27 | | campaigning for office or in connection with the duties of 11 |
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28 | 28 | | public office that would not have been otherwise incurred 12 |
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29 | 29 | | but for those activities. Eligible childcare expenses 13 |
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30 | 30 | | include any expenses that provide for the well -being and 14 |
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31 | 31 | | protection of the child, provided that no expenditu re shall 15 |
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32 | 32 | | be made to a member of the candidate's or office holder's 16 |
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33 | 33 | | household; 17 SB 242 2 |
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34 | 34 | | (4) Any expenses associated with the duties of 18 |
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35 | 35 | | candidacy or of elective office pertaining to the 19 |
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36 | 36 | | entertaining of or providing social courtesies to 20 |
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37 | 37 | | constituents, profes sional associations, or other holders of 21 |
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38 | 38 | | elective office; 22 |
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39 | 39 | | [(4)] (5) The return of any contribution to the person 23 |
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40 | 40 | | who made the contribution to the candidate or holder of 24 |
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41 | 41 | | elective office; 25 |
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42 | 42 | | [(5)] (6) To contribute to a political organization 26 |
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43 | 43 | | [or candidate committee ] as allowed by law; 27 |
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44 | 44 | | [(6)] (7) To establish a new committee as defined by 28 |
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45 | 45 | | this chapter; 29 |
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46 | 46 | | [(7)] (8) To make an unconditional gift which is fully 30 |
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47 | 47 | | vested to any charitable, fraternal or civic organizations 31 |
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48 | 48 | | or other associations formed to provide for some good in the 32 |
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49 | 49 | | order of benevolence, if such candidate, former candidate or 33 |
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50 | 50 | | holder of elective office or such person's immediate family 34 |
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51 | 51 | | gain no direct financial benefit from the unconditional gift; 35 |
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52 | 52 | | [(8)] (9) Except when such candidate, former candidate 36 |
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53 | 53 | | or holder of elective office dies while the committee 37 |
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54 | 54 | | remains in existence, the committee may make an 38 |
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55 | 55 | | unconditional gift to a fund established for the benefit of 39 |
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56 | 56 | | the spouse and children of the candidate, former candida te 40 |
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57 | 57 | | or holder of elective office. The provisions of this 41 |
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58 | 58 | | subdivision shall expire October 1, 1997. 42 |
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59 | 59 | | 3. Upon the death of the candidate, former candidate 43 |
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60 | 60 | | or holder of elective office who received such 44 |
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61 | 61 | | contributions, all contributions shall be dispo sed of 45 |
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62 | 62 | | according to this section and any funds remaining after 46 |
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63 | 63 | | final settlement of the candidate's decedent's estate, or if 47 |
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64 | 64 | | no estate is opened, then twelve months after the 48 SB 242 3 |
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65 | 65 | | candidate's death, will escheat to the state of Missouri to 49 |
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66 | 66 | | be deposited in the general revenue fund. 50 |
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67 | 67 | | 4. No contributions, as defined in section 130.011, 51 |
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68 | 68 | | received by a candidate, former candidate or holder of 52 |
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69 | 69 | | elective office shall be used to make restitution payments 53 |
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70 | 70 | | ordered of such individual by a court of law or for the 54 |
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71 | 71 | | payment of any fine resulting from conviction of a violation 55 |
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72 | 72 | | of any local, state or federal law. 56 |
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73 | 73 | | 5. Committees described in subdivision (17) of section 57 |
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74 | 74 | | 130.011 shall make expenditures only for the purpose of 58 |
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75 | 75 | | determining whether an individual will be a candidate. Such 59 |
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76 | 76 | | expenditures include polling information, mailings, personal 60 |
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77 | 77 | | appearances, telephone expenses, office and travel expenses 61 |
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78 | 78 | | but may not include contributions to other candidate 62 |
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79 | 79 | | committees. 63 |
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80 | 80 | | 6. Any moneys in the exploratory comm ittee fund may be 64 |
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81 | 81 | | transferred to the candidate committee upon declaration of 65 |
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82 | 82 | | candidacy for the position being explored. Such funds shall 66 |
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83 | 83 | | be included for the purposes of reporting and limitation. 67 |
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84 | 84 | | In the event that candidacy is not declared for the pos ition 68 |
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85 | 85 | | being explored, the remaining exploratory committee funds 69 |
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86 | 86 | | shall be returned to the contributors on a pro rata basis. 70 |
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87 | 87 | | In no event shall the amount returned exceed the amount 71 |
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88 | 88 | | given by each contributor nor be less than ten dollars. 72 |
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89 | 89 | | 7. Funds held in candidate committees, campaign 73 |
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90 | 90 | | committees, debt service committees, and exploratory 74 |
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91 | 91 | | committees shall be liquid such that these funds shall be 75 |
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92 | 92 | | readily available for the specific and limited purposes 76 |
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93 | 93 | | allowed by law. These funds may be invested on ly in short- 77 |
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94 | 94 | | term treasury instruments or short -term bank certificates 78 |
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95 | 95 | | with durations of one year or less, or that allow the 79 |
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96 | 96 | | removal of funds at any time without any additional 80 SB 242 4 |
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97 | 97 | | financial penalty other than the loss of interest income. 81 |
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98 | 98 | | Continuing committees, political party committees, and other 82 |
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99 | 99 | | committees such as out -of-state committees not formed for 83 |
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100 | 100 | | the benefit of any single candidate or ballot issue shall 84 |
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101 | 101 | | not be subject to the provisions of this subsection. This 85 |
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102 | 102 | | subsection shall not be interpre ted to restrict the 86 |
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103 | 103 | | placement of funds in an interest -bearing checking account. 87 |
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104 | 104 | | |
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