HB 1434 -- Ethics and Lobbying

Sponsor:  Flook

This bill changes the laws regarding ethics and lobbying.  In its
main provisions, the bill:

(1)  Specifies that any person who intentionally offers to or
accepts anything of value from an elected or appointed official
or employee of the state or any political subdivision in direct
exchange for voting for or against or engaging in any action
designed to benefit, delay, or hinder the passage or failure of
any specific state legislation, rule or regulation, or any local
legislation or ordinance will be guilty of a class D felony;

(2)  Revises the definition of "elected local government official
lobbyist" as it relates to Chapter 105, RSMo, to include
appointed officials in political subdivisions and public school
districts;

(3)  Specifies that any person who engages in lobbyist activities
as defined in Section 105.470 and intentionally fails to register
as a lobbyist will be guilty of a class B misdemeanor for the
first violation and a class D felony for any subsequent
violation;

(4)  Adds individuals compensated in any manner for certain types
of work as political consultants or public relation experts to
the definition of "lobbyist" as it relates to the provisions in
Chapter 105;

(5)  Adds an individual who is employed by the state or by any
elected or appointed state official or by any political
subdivision or public school district and receives compensation
for political activities or consulting not directly associated
with the person's official duties to the list of individuals who
must file a financial interest statement with the Missouri Ethics
Commission;

(6)  Creates the crime of obstruction of an ethics investigation,
a class D felony.  A person who knowingly uses any item of value
to obstruct a commission investigation or makes a false statement
or submits inaccurate documentation to any commission member or
employee or to any investigating official will be guilty of the
crime.  Retraction is a defense in certain specified
circumstances.  The commission can refer an obstruction of an
ethics investigation to the county prosecutor where the violation
was alleged to have occurred, the Attorney General, or both for
prosecution in any appropriate circuit court;

(7)  Prohibits any person from serving as a treasurer or deputy
treasurer on more than one committee.  Any person, upon a
determination by the commission that he or she is the treasurer
or deputy treasurer of more than one committee, must vacate his
or her position on all committees;

(8)  Prohibits a committee from transferring any funds received
by the committee to any other committee as specified in Chapter
130.  Any person who violates this provision will be notified by
the commission within five days of determining that the transfer
is prohibited and the person must notify the committee to which
the funds were transferred that they must be returned within 10
days.  For a second violation, the person transferring the funds
will be guilty of a class C misdemeanor and a class D felony for
any subsequent violation.  The prohibition will not apply to any
transfer of funds from a committee to a candidate committee
unless the intent is to conceal the identity of the actual source
of the funds.  Any person who transfers or attempts to transfer
funds from a committee to any other committee with the intent to
conceal the identity of the source of funds will be guilty of a
class D felony; and

(9)  Requires, beginning August 28, 2010, all committees to file
any required disclosure report in an electronic format as
prescribed by the commission.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:10 pm