105.963. Assessments of committees, campaign disclosure reports--notice--penalty--assessments of financial interest statements--notice--penalties--effective date.
Assessments of committees, campaign disclosurereports--notice--penalty--assessments of financial intereststatements--notice--penalties--effective date.
105.963. 1. The executive director shall assess every committee, asdefined in section 130.011, RSMo, failing to file with a filing officerother than a local election authority as provided by section 130.026, RSMo,a campaign disclosure report as required by chapter 130, RSMo, other thanthe report required pursuant to subdivision (1) of subsection 1 of section130.046, RSMo, a late filing fee of ten dollars for each day after suchreport is due to the commission. The executive director shall mail anotice, by registered mail, to any candidate and the treasurer of anycommittee who fails to file such report informing such person of suchfailure and the fees provided by this section. If the candidate ortreasurer of any committee persists in such failure for a period in excessof thirty days beyond receipt of such notice, the amount of the late filingfee shall increase to one hundred dollars for each day that the report isnot filed, provided that the total amount of such fees assessed pursuant tothis subsection per report shall not exceed three thousand dollars.
2. (1) Any candidate for state or local office who fails to file acampaign disclosure report required pursuant to subdivision (1) ofsubsection 1 of section 130.046, RSMo, other than a report required to befiled with a local election authority as provided by section 130.026, RSMo,shall be assessed by the executive director a late filing fee of onehundred dollars for each day that the report is not filed, until the firstday after the date of the election. After such election date, the amountof such late filing fee shall accrue at the rate of ten dollars per daythat such report remains unfiled, except as provided in subdivision (2) ofthis subsection.
(2) The executive director shall mail a notice, by certified mail orother means to give actual notice, to any candidate who fails to file thereport described in subdivision (1) of this subsection informing suchperson of such failure and the fees provided by this section. If thecandidate persists in such failure for a period in excess of thirty daysbeyond receipt of such notice, the amount of the late filing fee shallincrease to one hundred dollars for each day that the report is not filed,provided that the total amount of such fees assessed pursuant to thissubsection per report shall not exceed six thousand dollars.
3. The executive director shall assess every person required to filea financial interest statement pursuant to sections 105.483 to 105.492failing to file such a financial interest statement with the commission alate filing fee of ten dollars for each day after such statement is due tothe commission. The executive director shall mail a notice, by certifiedmail, to any person who fails to file such statement informing theindividual required to file of such failure and the fees provided by thissection. If the person persists in such failure for a period in excess ofthirty days beyond receipt of such notice, the amount of the late filingfee shall increase to one hundred dollars for each day thereafter that thestatement is late, provided that the total amount of such fees assessedpursuant to this subsection per statement shall not exceed six thousanddollars.
4. Any person assessed a late filing fee may seek review of suchassessment or the amount of late filing fees assessed, at the person'soption, by filing a petition within fourteen days after receiving actualnotice of assessment with the administrative hearing commission, or withoutexhausting the person's administrative remedies may seek review of suchissues with the circuit court of Cole County.
5. The executive director of the Missouri ethics commission shallcollect such late filing fees as are provided for in this section. Unpaidlate filing fees shall be collected by action filed by the commission. Thecommission shall contract with the appropriate entity to collect such latefiling fees after a thirty-day delinquency. If not collected within onehundred twenty days, the Missouri ethics commission shall file a petitionin Cole County circuit court to seek a judgment on said fees. All latefiling fees collected pursuant to this section shall be transmitted to thestate treasurer and deposited to the general revenue fund.
6. The late filing fees provided by this section shall be in additionto any penalty provided by law for violations of sections 105.483 to105.492 or chapter 130, RSMo.
7. If any candidate fails to file a campaign disclosure report in atimely manner and that candidate is assessed a late filing fee, thecandidate, candidate committee treasurer or assistant treasurer may file anappeal of the assessment of the late filing fee with the commission. Thecommission may forgive the assessment of the late filing fee upon a showingof good cause. Such appeal shall be filed within ten days of the receiptof notice of the assessment of the late filing fee.
(L. 1991 S.B. 262 § 5, A.L. 1997 S.B. 16, A.L. 1999 S.B. 31 & 285, A.L. 2006 H.B. 1900)Effective 1-01-07