FIRST REGULAR SESSION

HOUSE BILL NO. 182

90TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE POUCHE.

Pre-filed December 21, 1998, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L0679.01I

AN ACT

To repeal section 105.963, RSMo Supp. 1998, relating to campaign disclosure reports, and to enact in lieu thereof one new section relating to the same subject.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 105.963, RSMo Supp. 1998, is repealed and one new section enacted in lieu thereof, to be known as section 105.963, to read as follows:

105.963. 1. The executive director shall assess every candidate for state or local office failing to file with a filing officer other than a local election authority as provided by section 130.026, RSMo, and every continuing committee, a campaign disclosure report as required by chapter 130, RSMo, other than the report required pursuant to subdivision (2) of subsection 1 of section 130.046, RSMo, a late filing fee of ten dollars for each day after such report is due to the commission. The executive director shall mail a notice, by registered mail, to any candidate and candidate committee or continuing committee treasurer and deputy treasurer who fails to file such report informing such person of such failure and the fees provided by this section. If the candidate or continuing committee persists in such failure for a period in excess of thirty days beyond receipt of such notice, the amount of the late filing fee shall increase to one hundred dollars for each day that the report is not filed, provided that the total amount of such fees assessed pursuant to this subsection per report shall not exceed three thousand dollars.

2. (1) Any candidate for state or local office who fails to file a campaign disclosure report required pursuant to subdivision (2) of subsection 1 of section 130.046, RSMo, other than a report required to be filed with a local election authority as provided by section 130.026, RSMo, and every continuing committee shall be assessed by the executive director a late filing fee of one hundred dollars for each day that the report is not filed, until the first day after the date of the election. After such election date, the amount of such late filing fee shall accrue at the rate of ten dollars per day that such report remains unfiled, except as provided in subdivision (2) of this subsection.

(2) The executive director shall mail a notice, by certified mail or other means to give actual notice, to any candidate and candidate committee or continuing committee treasurer and deputy treasurer who fails to file the report described in subdivision (1) of this subsection informing such person of such failure and the fees provided by this section. If the candidate or continuing committee persists in such failure for a period in excess of thirty days beyond receipt of such notice, the amount of the late filing fee shall increase to one hundred dollars for each day that the report is not filed, provided that the total amount of such fees assessed pursuant to this subsection per report shall not exceed six thousand dollars.

3. The executive director shall assess every person required to file a financial interest statement pursuant to sections 105.483 to 105.492[, RSMo,] failing to file such a financial interest statement with the commission a late filing fee of ten dollars for each day after such statement is due to the commission. The executive director shall mail a notice, by certified mail, to any person who fails to file such statement informing the individual required to file of such failure and the fees provided by this section. If the person persists in such failure for a period in excess of thirty days beyond receipt of such notice, the amount of the late filing fee shall increase to one hundred dollars for each day thereafter that the statement is late, provided that the total amount of such fees assessed pursuant to this subsection per statement shall not exceed six thousand dollars.

4. Any person assessed a late filing fee may seek review of such assessment or the amount of late filing fees assessed, at the person's option, by filing a petition within fourteen days after receiving actual notice of assessment with the administrative hearing commission, or without exhausting the person's administrative remedies may seek review of such issues with the circuit court of Cole County.

5. The executive director of the Missouri ethics commission shall collect such late filing fees as are provided for in this section. Unpaid late filing fees shall be collected by action filed by the commission. The commission shall contract with the appropriate entity to collect such late filing fees after a thirty-day delinquency. If not collected within one hundred twenty days, the Missouri ethics commission shall file a petition in Cole County circuit court to seek a judgment on said fees. All late filing fees collected pursuant to this section shall be transmitted to the state treasurer and deposited to the general revenue fund.

6. The late filing fees provided by this section shall be in addition to any penalty provided by law for violations of sections 105.483 to 105.492 or chapter 130, RSMo.

7. If any candidate or continuing committee fails to file a campaign disclosure report in a timely manner and that candidate or continuing committee is assessed a late filing fee, the candidate, candidate committee or continuing committee treasurer or assistant treasurer may file an appeal of the assessment of the late filing fee with the commission. The commission may forgive the assessment of the late filing fee upon a showing of good cause. Such appeal shall be filed within ten days of the receipt of notice of the assessment of the late filing fee.

Missouri House of Representatives