130.056. Executive director of commission, duties.
Executive director of commission, duties.
130.056. 1. The executive director of the Missouri ethics commissionshall:
(1) Take such steps as are necessary to disseminate among the generalpublic such information as may serve to guide all persons who are or maybecome subject to the provisions of this chapter for the purpose offacilitating voluntary compliance with the purposes and provisions of thischapter;
(2) Be responsible for expediting the filing of all reports,statements and other information required to be filed pursuant to theprovisions of this chapter and, in connection therewith, be responsible fordeveloping procedures whereby all candidates shall be informed of theprovisions of section 130.016 so as to assure the timely filing ofstatements which some candidates are eligible to file as provided insection 130.016;
(3) Develop and publish forms and printed instructional material andfurnish such forms and instructions to persons required to file reports andstatements pursuant to the provisions of this chapter, together with asummary of the provisions of chapter 115, RSMo, which apply to candidatesand committees covered by this chapter, provided, however, such forms shallnot seek information which is not specifically required by this chapter.All forms furnished pursuant to this chapter shall clearly state inreadable type on the face of the form the date on which the form becameeffective. The forms published by the executive director shall provide forcompliance with reporting and other provisions of this chapter. Any reportform published by the executive director for purposes of compliance withsection 130.041 shall provide for reporting contributions from individuals,corporations, labor organizations and fictitious entities and contributionsfrom committees on the same form. Contributions from committees shall belisted first on each report form. All expenditures shall also be reportedon a single report form;
(4) Develop a filing, coding and cross-indexing system for reportsand statements required to be filed with the Missouri ethics commission,and preserve such reports and statements for a period of not less than fiveyears from date of receipt;
(5) Make the reports and statements filed with the Missouri ethicscommission available for public inspection and copying, commencing as soonas practicable but not later than the end of the second day after which areport was received, and permit copying of any such report or statement byhand or by duplicating machine, as requested by any person, at the expenseof such person, but no information obtained from such reports andstatements shall be sold or utilized by any person for any commercialpurpose;
(6) Examine each report and statement filed with the Missouri ethicscommission pursuant to the requirements of this chapter to determine if thestatements are properly completed and filed within the time required bythis chapter;
(7) Notify a person required to file a report or statement pursuantto this chapter with the Missouri ethics commission immediately if, uponexamination of the official ballot or other circumstances surrounding anyelection, it appears that the person has failed to file a report orstatement as required by law;
(8) From reports filed with the Missouri ethics commission, prepareand publish an annual report including compilations of amounts contributedand expended for the influencing of nominations and elections;
(9) Prepare and publish such other reports as the Missouri ethicscommission deems appropriate;
(10) Disseminate statistics, summaries, and reports prepared underthis chapter;
(11) Employ staff and retain such contract services, including legalservices to represent the commission before any state agency or before thecourts as the executive director deems necessary within the limitsauthorized by appropriation by the general assembly.
2. Each appropriate officer other than the executive director of theMissouri ethics commission shall:
(1) Assist the executive director in furnishing forms and printedinstructional material to persons required to file reports and statementspursuant to the provisions of this chapter;
(2) Accept reports and statements required to be filed with theperson's office;
(3) Develop for the officer's constituency a filing, coding, andcross-indexing system consonant with the purposes of this chapter;
(4) Make the reports and statements filed with the officer availablefor public inspection and copying, commencing as soon as practicable butnot later than the end of the second day after which a report was received,and permit copying of any such report or statement by hand or byduplicating machine, as requested by any person, at the expense of suchperson, but no information obtained from such reports and statements shallbe sold or utilized by any person for any commercial purpose;
(5) Preserve such reports and statements for a period of not lessthan five years from the date of receipt;
(6) Examine each report and statement filed with the person's officepursuant to the requirements of this chapter to determine if the reportsand statements appear to be complete and filed within the required time;
(7) Notify a person required to file a report or statement pursuantto this chapter immediately if, upon examination of the circumstancessurrounding any election, it appears that the person has failed to file areport or statement as required by law;
(8) Notify the Missouri ethics commission if the person hasreasonable cause to believe that a violation of this chapter has occurred;
(9) Assess every candidate for state or local office failing to filewith a local election authority pursuant to section 130.026, a campaigndisclosure report as required by this chapter other than the reportrequired pursuant to subdivision (1) of subsection 1 of section 130.046, alate filing fee of ten dollars for each day such report is due to theelection authority. The local election authority shall mail a notice, byregistered mail, to any candidate and candidate committee treasurer anddeputy treasurer who fails to file such report informing such person ofsuch failure and the fees provided by this subdivision. If the candidatepersists in such failure for a period in excess of thirty days beyond thereceipt of such notice, the amount of the late filing fee shall increase toone hundred dollars for each day that the report is not filed, providedthat the total amount of such fees assessed pursuant to this subsection perreport shall not exceed three hundred dollars.
3. Any person receiving from an appropriate officer a copy of, orwho is permitted to inspect or make a copy of, any report or statementfiled pursuant to the requirements of this chapter shall sign a statementthat the person will not utilize the reports or statements or anyinformation thereon for any commercial use, except for public newsreporting, whatsoever and will not transfer the information obtained to anyother persons for such purposes. It shall be the responsibility of eachappropriate officer to instruct any person making a request to inspect,copy or receive a copy of any report or statement or any portion of areport or statement filed pursuant to this chapter that the utilization ofany information obtained from such reports for any commercial purpose is aviolation of this chapter.
(L. 1978 S.B. 839, A.L. 1979 S.B. 129, A.L. 1985 H.B. 150, et al., A.L. 1991 S.B. 262, A.L. 1997 S.B. 16, A.L. 1999 S.B. 31 & 285)CROSS REFERENCE:
Signature not required to view public documents after reports are published on Internet, RSMo 105.975