130.041. Disclosure reports--who files--when required--contents.
Disclosure reports--who files--when required--contents.
130.041. 1. Except as provided in subsection 5 of section 130.016,the candidate, if applicable, treasurer or deputy treasurer of everycommittee which is required to file a statement of organization, shall filea legibly printed or typed disclosure report of receipts and expenditures.The reports shall be filed with the appropriate officer designated insection 130.026 at the times and for the periods prescribed in section130.046. Except as provided in sections 130.049 and 130.050, each reportshall set forth:
(1) The full name, as required in the statement of organizationpursuant to subsection 5 of section 130.021, and mailing address of thecommittee filing the report and the full name, mailing address andtelephone number of the committee's treasurer and deputy treasurer if thecommittee has named a deputy treasurer;
(2) The amount of money, including cash on hand at the beginning ofthe reporting period;
(3) Receipts for the period, including:
(a) Total amount of all monetary contributions received which can beidentified in the committee's records by name and address of eachcontributor. In addition, the candidate committee shall make a reasonableeffort to obtain and report the employer, or occupation if self-employed ornotation of retirement, of each person from whom the committee received oneor more contributions which in the aggregate total in excess of one hundreddollars and shall make a reasonable effort to obtain and report adescription of any contractual relationship over five hundred dollarsbetween the contributor and the state if the candidate is seeking electionto a state office or between the contributor and any political subdivisionof the state if the candidate is seeking election to another politicalsubdivision of the state;
(b) Total amount of all anonymous contributions accepted;
(c) Total amount of all monetary contributions received throughfund-raising events or activities from participants whose names andaddresses were not obtained with such contributions, with an attachedstatement or copy of the statement describing each fund-raising event asrequired in subsection 6 of section 130.031;
(d) Total dollar value of all in-kind contributions received;
(e) A separate listing by name and address and employer, oroccupation if self-employed or notation of retirement, of each person fromwhom the committee received contributions, in money or any other thing ofvalue, aggregating more than one hundred dollars, together with the dateand amount of each such contribution;
(f) A listing of each loan received by name and address of the lenderand date and amount of the loan. For each loan of more than one hundreddollars, a separate statement shall be attached setting forth the name andaddress of the lender and each person liable directly, indirectly orcontingently, and the date, amount and terms of the loan;
(4) Expenditures for the period, including:
(a) The total dollar amount of expenditures made by check drawn onthe committee's depository;
(b) The total dollar amount of expenditures made in cash;
(c) The total dollar value of all in-kind expenditures made;
(d) The full name and mailing address of each person to whom anexpenditure of money or any other thing of value in the amount of more thanone hundred dollars has been made, contracted for or incurred, togetherwith the date, amount and purpose of each expenditure. Expenditures of onehundred dollars or less may be grouped and listed by categories ofexpenditure showing the total dollar amount of expenditures in eachcategory, except that the report shall contain an itemized listing of eachpayment made to campaign workers by name, address, date, amount and purposeof each payment and the aggregate amount paid to each such worker;
(e) A list of each loan made, by name and mailing address of theperson receiving the loan, together with the amount, terms and date;
(5) The total amount of cash on hand as of the closing date of thereporting period covered, including amounts in depository accounts and inpetty cash fund;
(6) The total amount of outstanding indebtedness as of the closingdate of the reporting period covered;
(7) The amount of expenditures for or against a candidate or ballotmeasure during the period covered and the cumulative amount of expendituresfor or against that candidate or ballot measure, with each candidate beinglisted by name, mailing address and office sought. For the purpose ofdisclosure reports, expenditures made in support of more than one candidateor ballot measure or both shall be apportioned reasonably among thecandidates or ballot measure or both. In apportioning expenditures to eachcandidate or ballot measure, political party committees and continuingcommittees need not include expenditures for maintaining a permanentoffice, such as expenditures for salaries of regular staff, officefacilities and equipment or other expenditures not designed to support oroppose any particular candidates or ballot measures; however, all suchexpenditures shall be listed pursuant to subdivision (4) of thissubsection;
(8) A separate listing by full name and address of any committeeincluding a candidate committee controlled by the same candidate for whicha transfer of funds or a contribution in any amount has been made duringthe reporting period, together with the date and amount of each suchtransfer or contribution;
(9) A separate listing by full name and address of any committee,including a candidate committee controlled by the same candidate from whicha transfer of funds or a contribution in any amount has been receivedduring the reporting period, together with the date and amount of each suchtransfer or contribution;
(10) Each committee that receives a contribution which is restrictedor designated in whole or in part by the contributor for transfer to aparticular candidate, committee or other person shall include a statementof the name and address of that contributor in the next disclosure reportrequired to be filed after receipt of such contribution, together with thedate and amount of any such contribution which was so restricted ordesignated by that contributor, together with the name of the particularcandidate or committee to whom such contribution was so designated orrestricted by that contributor and the date and amount of suchcontribution.
2. For the purpose of this section and any other section in thischapter except sections 130.049 and 130.050 which requires a listing ofeach contributor who has contributed a specified amount, the aggregateamount shall be computed by adding all contributions received from any oneperson during the following periods:
(1) In the case of a candidate committee, the period shall begin onthe date on which the candidate became a candidate according to thedefinition of the term "candidate" in section 130.011 and end at 11:59 p.m.on the day of the primary election, if the candidate has such an electionor at 11:59 p.m. on the day of the general election. If the candidate hasa general election held after a primary election, the next aggregatingperiod shall begin at 12:00 midnight on the day after the primary electionday and shall close at 11:59 p.m. on the day of the general election.Except that for contributions received during the thirty-day periodimmediately following a primary election, the candidate shall designatewhether such contribution is received as a primary election contribution ora general election contribution;
(2) In the case of a campaign committee, the period shall begin onthe date the committee received its first contribution and end on theclosing date for the period for which the report or statement is required;
(3) In the case of a political party committee or a continuingcommittee, the period shall begin on the first day of January of the yearin which the report or statement is being filed and end on the closing datefor the period for which the report or statement is required; except, ifthe report or statement is required to be filed prior to the first day ofJuly in any given year, the period shall begin on the first day of July ofthe preceding year.
3. The disclosure report shall be signed and attested by thecommittee treasurer or deputy treasurer and by the candidate in case of acandidate committee.
4. The words "consulting or consulting services, fees, or expenses",or similar words, shall not be used to describe the purpose of a payment asrequired in this section. The reporting of any payment to such anindependent contractor shall be on a form supplied by the appropriateofficer, established by the ethics commission and shall includeidentification of the specific service or services provided including, butnot limited to, public opinion polling, research on issues or oppositionbackground, print or broadcast media production, print or broadcast mediapurchase, computer programming or data entry, direct mail production,postage, rent, utilities, phone solicitation, or fund raising, and thedollar amount prorated for each service.
(L. 1978 S.B. 839, A.L. 1985 H.B. 150, et al., A.L. 1990 S.B. 631, A.L. 1993 S.B. 31, A.L. 1994 S.B. 650, A.L. 1995 H.B. 484, et al., A.L. 1997 H.B. 526, S.B. 16, A.L. 1999 S.B. 31 & 285)