HB0927P-Perfected Bill Text
SECOND REGULAR SESSION
HOUSE BILL NO. 927
89TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HOSMER (Sponsor), HICKEY AND GREEN.
Pre-filed December 1, 1997 and 1000 copies ordered printed.
Read 1st time January 7, 1998.
Read 2nd time January 8, 1998 and referred to the Committee on Governmental Organization &
Review, January 12, 1998.
Reported from the Committee on Governmental Organization & Review, February 9, 1998, with
recommendation that the bill
Taken up for Perfection February 23, 1998. Bill ordered Perfected and printed, as amended.
ANNE C. WALKER, Chief Clerk
To repeal section 36.150, RSMo 1994 and section 105.473, RSMo Supp. 1997, relating to certain
political activities, and to enact in lieu thereof six new sections relating to the same subject, with
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 36.150, RSMo 1994, and section 105.473, RSMo Supp. 1997, are repealed
and six new sections enacted in lieu thereof, to be known as sections 36.150, 105.155, 105.156,
105.157, 105.158 and 105.473, to read as follows:
36.150. 1. Every appointment or promotion to a position covered by this [law] chapter shall be
made on the basis of merit as provided in this chapter. Demotions in and dismissals from
employment shall be made for cause under rules and regulations of the board uniformly
applicable to all positions of employment. No appointment, promotion, demotion or dismissal
shall be made because of favoritism, prejudice or discrimination. The regulations shall prohibit
discrimination in other phases of employment and personnel administration and shall provide
such remedy as is required by federal merit system standards for grant-in-aid programs and is not
provided in chapter 296, RSMo.
2. Political endorsements shall not be considered in connection with any such appointment.
3. No person shall use or promise to use, directly or indirectly, for any consideration whatsoever,
any official authority or influence to secure or attempt to secure for any person an appointment or
advantage in appointment to any such position or an increase in pay, promotion or other
advantage in employment.
4. No person shall in any manner levy or solicit any financial assistance or subscription for any
political party, candidate, political fund, or publication, or for any other political purpose, from
any employee in a position subject to this [law] chapter, and no such employee shall act as agent
in receiving or accepting any such financial contribution, subscription, or assignment of pay. No
person shall use, or threaten to use, coercive means to compel an employee to give such
assistance, subscription, or support, nor in retaliation for the employee's failure to do so.
5. [No employee selected under the provisions of this law shall be a member of any national,
state, or local committee of a political party, or an officer of a partisan political club. Such person
shall take no part in the management or affairs of any political party or in any partisan political
campaign, except that nothing in this section shall prohibit an employee from attending and
participating in a partisan presidential caucus held for the purpose of determining a group of
registered voters' preference for the office of President of the United States.] No such employee
shall be a candidate for nomination or election to any partisan public office or nonpartisan office
in conflict with that employee's duties unless such person resigns, or obtains a regularly granted
leave of absence, from such person's position.
6. No person elected to partisan public office shall, while holding such office, be appointed to
any position covered by this [law] chapter.
7. Any officer or employee in a position subject to this [law] chapter who purposefully violates
any of the provisions of this section shall forfeit such office or position. If an appointing
authority finds that such a violation has occurred, or is so notified by the director, this shall
constitute cause for dismissal [under] pursuant to section 36.390 and a final determination by
the board as to the occurrence of a violation.
105.155. For the purposes of sections 105.155 to 105.158, the following terms mean:
(1) "Contribution", as defined in chapter 130, RSMo;
(2) "Employee", any individual holding an appointive position in an executive agency of
(3) "Partisan political office", any office for which any candidate is nominated or elected
as representing a party pursuant to chapter 115, RSMo.
105.156. 1. An employee may take part in the activities of political parties and political
2. An employee may not:
(1) Use the employee's official authority or influence for the purpose of interfering with or
affecting the results of an election;
(2) Knowingly solicit, accept or receive a political contribution from any person who is a
subordinate employee of the employee, except on a voluntary basis;
(3) Run for the nomination, or as a candidate for election, to a partisan political office; or
(4) Knowingly solicit or discourage the participation in any political activity of any person
who has an application for any compensation, grant, contract, ruling, license, permit or
certificate pending before the employing department of such employee or is the subject of,
or a participant in, an ongoing audit, investigation or enforcement action being carried out
by the employing department of such employee.
3. An employee retains the right to vote as the employee chooses and to express the
employee's opinion on political subjects and candidates.
105.157. 1. An employee may not engage in political activity:
(1) While on duty;
(2) In any room or building occupied in the discharge of official duties;
(3) While wearing a uniform or official insignia identifying the office or position of the
(4) When using any vehicle owned or leased by the state or any agency or instrumentality
of the state.
2. No printed material in support or in opposition to any legislation pending before the
general assembly may be developed or distributed by any officer, employee or agent of the
state of Missouri or of any political subdivision of the state. Material that is deemed to be
in nature, informational only, may be distributed with the expressed consent of the
105.158. It shall be unlawful for any person to intimidate, threaten, command or coerce
any employee of the state to engage in, or not to engage in, any political activity, including,
but not limited to, voting, or refusing to vote, for any candidate or measure in any election,
making, or refusing to make, any political contribution or working, or refusing to work, on
behalf of any candidate. Any person who violates the provisions of this section is guilty of a
class three election offense as established in section 115.635, RSMo, punishable by a term of
imprisonment for not more than one year and a fine of not more than two thousand five
hundred dollars, or both such fine and imprisonment.
105.473. 1. Each lobbyist shall, not later than five days after beginning any activities as a
lobbyist, file standardized registration forms, verified by a written declaration that it is made
under the penalties of perjury, along with a filing fee of ten dollars, with the commission. The
forms shall include the lobbyist's name and business address, the name and address of all persons
such lobbyist employs for lobbying purposes, the name and address of each lobbyist principal by
whom such lobbyist is employed or in whose interest such lobbyist appears or works. The
commission shall maintain files on all lobbyists' filings, which shall be open to the public. Each
lobbyist shall file an updating statement under oath within one week of any addition, deletion, or
change in the lobbyist's employment or representation. The filing fee shall be deposited to the
general revenue fund of the state.
2. Each person shall, before giving testimony before any committee of the general assembly,
give to the secretary of such committee such person's name and address and the identity of any
lobbyist or organization, if any, on whose behalf such person appears. A person who is not a
lobbyist as defined in section 105.470 shall not be required to give such person's address if
the committee determines that the giving of such address would endanger the person's
3. (1) During any period of time in which a lobbyist continues to act as an executive lobbyist,
judicial lobbyist or a legislative lobbyist, the lobbyist shall file with the commission on standardized forms prescribed by the commission monthly reports which shall be due at the close of
business on the tenth day of the following month;
(2) Each report filed pursuant to this subsection shall include a statement, verified by a written
declaration that it is made under the penalties of perjury, setting forth the following:
(a) The total of all expenditures by the lobbyist or his or her lobbyist principals made on behalf
of all public officials, their staffs and employees, and their spouses and dependent children,
which expenditures shall be separated into at least the following categories by the executive
branch, judicial branch and legislative branch of government: printing and publication expenses;
media and other advertising expenses; travel; entertainment; honoraria; meals, food and
beverages; and gifts;
(b) An itemized listing of the name of the recipient and the nature and amount of each expenditure by the lobbyist or his or her lobbyist principal, including a service or anything of value, for
all expenditures made during any reporting period, paid or provided to or for a public official,
such official's staff, employees, spouse or dependent children;
(c) The total of all expenditures made by a lobbyist or lobbyist principal for occasions and the
identity of the group invited, the date and description of the occasion and the amount of the
expenditure for each occasion when any of the following are invited in writing:
a. All members of the senate;
b. All members of the house of representatives;
c. All members of a joint committee of the general assembly or a standing committee of either
the house of representatives or senate; or
d. All members of a caucus of the general assembly if the caucus consists of at least ten
members, a list of the members of the caucus has been previously filed with the ethics committee
of the house or the senate, and such list has been approved by either of such ethics committees;
(d) Any expenditure made on behalf of a public official, or the public official's staff, employees,
spouse or dependent children, if such expenditure is solicited by such public official, the public
official's staff, employees, or spouse or dependent children, from the lobbyist or his or her
lobbyist principals and the name of such person or persons;
(e) A statement detailing any direct business relationship or association or partnership the
lobbyist has with any public official.
The reports required by this paragraph shall cover the time periods since the filing of the last
report or since the lobbyist's employment or representation began, whichever is most recent.
4. No expenditure reported pursuant to this section shall include any amount expended by a
lobbyist or lobbyist principal on himself or herself. All expenditures disclosed pursuant to this
section shall be valued on the report at the actual amount of the payment made, or the charge,
expense, cost, or obligation, debt or bill incurred by the lobbyist or the person the lobbyist
represents. Whenever a lobbyist principal employs more than one lobbyist, expenditures of the
lobbyist principal shall not be reported by each lobbyist, but shall be reported by one of such
5. Any lobbyist principal shall provide in a timely fashion whatever information is reasonably
requested by the lobbyist principal's lobbyist for use in filing the reports required by this section.
6. All information required to be filed [under] pursuant to the provisions of this section with
the commission shall be kept available by the executive director of the commission at all times
open to the public for inspection and copying for a reasonable fee for a period of five years from
the date when such information was filed.
7. No person shall knowingly employ any person who is required to register as a registered
lobbyist but is not registered pursuant to this section. Any person who knowingly violates this
subsection shall be subject to a civil penalty in an amount of not more than ten thousand dollars
for each violation. Such civil penalties shall be collected by action filed by the commission.
8. No lobbyist shall knowingly omit, conceal, or falsify in any manner information required
pursuant to this section.
9. The prosecuting attorney of Cole County shall be reimbursed only out of funds specifically
appropriated by the general assembly for investigations and prosecutions for violations of this
10. Any public official or other person whose name appears in any lobbyist report filed pursuant
to this section who contests the accuracy of the portion of the report applicable to such person
may petition the commission for an audit of such report and shall state in writing in such petition
the specific disagreement with the contents of such report. The commission shall investigate
such allegations in the manner described in section 105.959. If the commission determines that
the contents of such report are incorrect, incomplete or erroneous, it shall enter an order requiring
filing of an amended or corrected report.
11. The commission shall provide a report listing the total spent by a lobbyist for the month and
year to any member or member-elect of the general assembly, judge or judicial officer, or any
other person holding an elective office of state government on or before the twentieth day of each
month. For the purpose of providing accurate information to the public, the commission shall
not publish information in either written or electronic form for ten working days after providing
the report pursuant to this subsection. The commission shall not release any portion of the
lobbyist report if the accuracy of the report has been questioned pursuant to subsection 10 of this
section unless it is conspicuously marked "Under Review".
12. Each lobbyist principal by whom the lobbyist was employed, or in whose behalf the lobbyist
acted, shall provide a general description of the proposed legislation or action by the executive
branch or judicial branch which the lobbyist supported or opposed. This information shall be
supplied to the commission on March fifteenth and May thirtieth of each year.
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