Mo. Rev. Stat. § 130.188 — MO Code / Chapter 130 / Section 130.188
130.188 Violations, attorney general's authority — refund of contribution, when — ...
Status: in_force

130.188. Violations, attorney general's authority — refund of contribution, when — lobbyist violations, sanctions. — 1. (1) If the attorney general has reasonable cause to believe that a person or entity has engaged in, is engaging in, or is about to engage in, a violation of sections 130.170 to 130.185 , the attorney general may execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation, a civil investigative demand requiring such person to appear and testify, or to produce relevant documentary material or physical evidence or examination, at such reasonable time and place as may be stated in the civil investigative demand, concerning the subject matter of the investigation. Service of any civil investigative demand, notice, or subpoena may be made by any person authorized by law to serve process or by any duly authorized employee of the attorney general.

(2) In the process of a civil investigative demand being executed pursuant to subdivision (1) of this subsection, the provisions of sections 407.040 to 407.090 shall apply.

2. (1) If the attorney general has reasonable cause to believe that a committee, person, or other entity has engaged in, is engaging in, or is about to engage in, a violation of sections 130.170 to 130.185 , the attorney general may bring a civil action to enforce sections 130.170 to 130.188 . The provisions of section 130.054 and sections * 105.957 to 105.963 shall not apply to violations of sections 130.170 to 130.188 .

(2) A committee, person, or other entity alleged to have violated sections 130.170 to 130.188 shall be provided a notice of the civil action, with opportunity for discovery and opportunity to be heard as provided by law for civil actions generally before being found liable for a violation of sections 130.170 to 130.188 .

(3) In all actions brought pursuant to this section, the burden of proof shall be on the attorney general.

(4) (a) Prior to discovery, the court shall set a hearing to determine if there is probable cause to believe that a committee, person, or other entity has violated sections 130.170 to 130.188 .

(b) If, after the hearing, the court determines that no probable cause exists to believe that a violation of sections 130.170 to 130.188 has occurred, the court shall enter an order of dismissal.

(c) If, after the hearing, the court determines that probable cause does exist to believe that a violation of sections 130.170 to 130.188 has occurred, the court shall enter an order to that effect and the case should proceed to trial on an expedited basis.

(5) Subject to the provisions of section 130.185 , the committee, person, or other entity alleged to have violated sections 130.170 to 130.188 may, at a time to be determined by the court prior to the scheduling of trial, present evidence sufficient to rebut the probable cause finding by making an ex parte presentation of records to the court for in-camera review.

(6) A nonprevailing party under paragraph (c) of subdivision (4) of this subsection has the right to:

(a) An interlocutory expedited appeal; and

(b) A stay of proceedings in the trial court.

3. (1) Within thirty days of a court finding that a committee has violated sections 130.170 to 130.188 , the committee shall refund the contribution to the original contributor. In the event of an appeal, the contribution shall be placed in escrow, after which the funds shall be disbursed in accordance with the final order.

(2) If the committee is unable to return the funds, the directors, officers, or executive members of the campaign committee shall be liable in their personal capacity, jointly and severally, for the refund of said funds.

4. Within thirty days of a court finding that a committee, person, or other entity making an expenditure covered by sections 130.170 to 130.188 has violated such sections, the committee, person, or other entity shall disgorge to the attorney general funds in an amount equal to the reported cost of the expenditure. If the committee, person, or entity is unable to disgorge the requisite funds, the person or the directors, officers, or executive members of the committee or other entity shall be liable in their personal capacities, jointly and severally, for the payment of the amount due. In the event of an appeal, the funds subject to disgorgement shall be placed in escrow, after which they shall be disbursed in accordance with the final order.

5. If any lobbyist violates any of the provisions of sections 130.170 to 130.188 , the lobbyist's registration may be revoked or suspended and the lobbyist may be enjoined from receiving compensation or making expenditures for lobbying.

6. If the attorney general prevails in an action brought under this section, the court shall award:

(1) Injunctive relief sufficient to prevent the defendant from violating sections 130.170 to 130.188 or engaging in acts that aid or abet violations of such sections; and

(2) Statutory damages up to twice the amount of the prohibited contribution or expenditure.

7. In addition to the penalties in subsection 6 of this section and any other remedies provided by law, if the court finds a knowingly or willful violation of sections 130.170 to 130.188 , the court may assess a penalty of up to three times the statutory damages.

(L. 2025 S.B. 152) *Word "sections" does not appear in original rolls.