105.485. Financial interest statements--form--contents--political subdivisions, compliance.
Financial interest statements--form--contents--political subdivisions,compliance.
105.485. 1. Each financial interest statement required by sections105.483 to 105.492 shall be on a form prescribed by the commission andshall be signed and verified by a written declaration that it is made underpenalties of perjury; provided, however, the form shall not seekinformation which is not specifically required by sections 105.483 to105.492.
2. Each person required to file a financial interest statementpursuant to subdivisions (1) to (12) of section 105.483 shall file thefollowing information for himself, his spouse and dependent children at anytime during the period covered by the statement, whether singularly orcollectively; provided, however, that said person, if he does not know andhis spouse will not divulge any information required to be reported by thissection concerning the financial interest of his spouse, shall state on hisfinancial interest statement that he has disclosed that information knownto him and that his spouse has refused or failed to provide otherinformation upon his bona fide request, and such statement shall be deemedto satisfy the requirements of this section for such financial interest ofhis spouse; and provided further if the spouse of any person required tofile a financial interest statement is also required by section 105.483 tofile a financial interest statement, the financial interest statement filedby each need not disclose the financial interest of the other, providedthat each financial interest statement shall state that the spouse of theperson has filed a separate financial interest statement and the name underwhich the statement was filed:
(1) The name and address of each of the employers of such person fromwhom income of one thousand dollars or more was received during the yearcovered by the statement;
(2) The name and address of each sole proprietorship which he owned;the name, address and the general nature of the business conducted of eachgeneral partnership and joint venture in which he was a partner orparticipant; the name and address of each partner or coparticipant for eachpartnership or joint venture unless such names and addresses are filed bythe partnership or joint venture with the secretary of state; the name,address and general nature of the business conducted of any closely heldcorporation or limited partnership in which the person owned ten percent ormore of any class of the outstanding stock or limited partners' units; andthe name of any publicly traded corporation or limited partnership which islisted on a regulated stock exchange or automated quotation system in whichthe person owned two percent or more of any class of outstanding stock,limited partnership units or other equity interests;
(3) The name and address of any other source not reported pursuant tosubdivisions (1) and (2) and subdivisions (4) to (9) of this subsectionfrom which such person received one thousand dollars or more of incomeduring the year covered by the statement, including, but not limited to,any income otherwise required to be reported on any tax return such personis required by law to file; except that only the name of any publiclytraded corporation or limited partnership which is listed on a regulatedstock exchange or automated quotation system need be reported pursuant tothis subdivision;
(4) The location by county, the subclassification for property taxassessment purposes, the approximate size and a description of the majorimprovements and use for each parcel of real property in the state, otherthan the individual's personal residence, having a fair market value of tenthousand dollars or more in which such person held a vested interestincluding a leasehold for a term of ten years or longer, and, if theproperty was transferred during the year covered by the statement, the nameand address of the persons furnishing or receiving consideration for suchtransfer;
(5) The name and address of each entity in which such person ownedstock, bonds or other equity interest with a value in excess of tenthousand dollars; except that, if the entity is a corporation listed on aregulated stock exchange, only the name of the corporation need be listed;and provided that any member of any board or commission of the state or anypolitical subdivision who does not receive any compensation for hisservices to the state or political subdivision other than reimbursement forhis actual expenses or a per diem allowance as prescribed by law for eachday of such service need not report interests in publicly tradedcorporations or limited partnerships which are listed on a regulated stockexchange or automated quotation system pursuant to this subdivision; andprovided further that the provisions of this subdivision shall not requirereporting of any interest in any qualified plan or annuity pursuant to theEmployees' Retirement Income Security Act;
(6) The name and address of each corporation for which such personserved in the capacity of a director, officer or receiver;
(7) The name and address of each not-for-profit corporation and eachassociation, organization, or union, whether incorporated or not, exceptnot-for-profit corporations formed to provide church services, fraternalorganizations or service clubs from which the officer or employee draws noremuneration, in which such person was an officer, director, employee ortrustee at any time during the year covered by the statement, and for eachsuch organization, a general description of the nature and purpose of theorganization;
(8) The name and address of each source from which such personreceived a gift or gifts, or honorarium or honoraria in excess of twohundred dollars in value per source during the year covered by thestatement other than gifts from persons within the third degree ofconsanguinity or affinity of the person filing the financial intereststatement. For the purposes of this section, a "gift" shall not beconstrued to mean political contributions otherwise required to be reportedby law or hospitality such as food, beverages or admissions to social, art,or sporting events or the like, or informational material. For thepurposes of this section, a "gift" shall include gifts to or by creditorsof the individual for the purpose of canceling, reducing or otherwiseforgiving the indebtedness of the individual to that creditor;
(9) The lodging and travel expenses provided by any third person forexpenses incurred outside the state of Missouri whether by gift or inrelation to the duties of office of such official, except that suchstatement shall not include travel or lodging expenses:
(a) Paid in the ordinary course of business for businesses describedin subdivisions (1), (2), (5) and (6) of this subsection which are relatedto the duties of office of such official; or
(b) For which the official may be reimbursed as provided by law; or
(c) Paid by persons related by the third degree of consanguinity oraffinity to the person filing the statement; or
(d) Expenses which are reported by the campaign committee orcandidate committee of the person filing the statement pursuant to theprovisions of chapter 130, RSMo; or
(e) Paid for purely personal purposes which are not related to theperson's official duties by a third person who is not a lobbyist, alobbyist principal or member, or officer or director of a member, of anyassociation or entity which employs a lobbyist. The statement shallinclude the name and address of such person who paid the expenses, the datesuch expenses were incurred, the amount incurred, the location of thetravel and lodging, and the nature of the services rendered or reason forthe expenses;
(10) The assets in any revocable trust of which the individual is thesettlor if such assets would otherwise be required to be reported underthis section;
(11) The name, position and relationship of any relative within thefirst degree of consanguinity or affinity to any other person who:
(a) Is employed by the state of Missouri, by a political subdivisionof the state or special district, as defined in section 115.013, RSMo, ofthe state of Missouri;
(b) Is a lobbyist; or
(c) Is a fee agent of the department of revenue;
(12) The name and address of each campaign committee, politicalcommittee, candidate committee, or continuing committee for which suchperson or any corporation listed on such person's financial intereststatement received payment; and
(13) For members of the general assembly or any statewide electedpublic official, their spouses, and their dependent children, whether anystate tax credits were claimed on the member's, spouse's, or dependentchild's most recent state income tax return.
3. For the purposes of subdivisions (1), (2) and (3) of subsection 2of this section, an individual shall be deemed to have received a salaryfrom his employer or income from any source at the time when he shallreceive a negotiable instrument whether or not payable at a later date andat the time when under the practice of his employer or the terms of anagreement he has earned or is entitled to anything of actual value whetheror not delivery of the value is deferred or right to it has vested. Theterm income as used in this section shall have the same meaning as providedin the Internal Revenue Code of 1986, and amendments thereto, as the samemay be or becomes effective, at any time or from time to time for thetaxable year, provided that income shall not be considered received orearned for purposes of this section from a partnership or soleproprietorship until such income is converted from business to personaluse.
4. Each official, officer or employee or candidate of any politicalsubdivision described in subdivision (11) of section 105.483 shall berequired to file a financial interest statement as required by subsection 2of this section, unless the political subdivision biennially adopts anordinance, order or resolution at an open meeting by September fifteenth ofthe preceding year, which establishes and makes public its own method ofdisclosing potential conflicts of interest and substantial interests andtherefore excludes the political subdivision or district and its officersand employees from the requirements of subsection 2 of this section. Acertified copy of the ordinance, order or resolution shall be sent to thecommission within ten days of its adoption. The commission shall assistany political subdivision in developing forms to complete the requirementsof this subsection. The ordinance, order or resolution shall contain, at aminimum, the following requirements with respect to disclosure ofsubstantial interests:
(1) Disclosure in writing of the following described transactions, ifany such transactions were engaged in during the calendar year:
(a) For such person, and all persons within the first degree ofconsanguinity or affinity of such person, the date and the identities ofthe parties to each transaction with a total value in excess of fivehundred dollars, if any, that such person had with the politicalsubdivision, other than compensation received as an employee or payment ofany tax, fee or penalty due to the political subdivision, and other thantransfers for no consideration to the political subdivision;
(b) The date and the identities of the parties to each transactionknown to the person with a total value in excess of five hundred dollars,if any, that any business entity in which such person had a substantialinterest, had with the political subdivision, other than payment of anytax, fee or penalty due to the political subdivision or transactionsinvolving payment for providing utility service to the politicalsubdivision, and other than transfers for no consideration to the politicalsubdivision;
(2) The chief administrative officer and chief purchasing officer ofsuch political subdivision shall disclose in writing the informationdescribed in subdivisions (1), (2) and (6) of subsection 2 of this section;
(3) Disclosure of such other financial interests applicable toofficials, officers and employees of the political subdivision, as may berequired by the ordinance or resolution;
(4) Duplicate disclosure reports made pursuant to this subsectionshall be filed with the commission and the governing body of the politicalsubdivision. The clerk of such governing body shall maintain suchdisclosure reports available for public inspection and copying duringnormal business hours.
(L. 1990 H.B. 1650 & 1565 § 2, A.L. 1991 S.B. 262, A.L. 1994 S.B. 650, A.L. 2006 H.B. 1900, A.L. 2008 H.B. 2058)