HB 1846 -- Ethics, Lobbying, and Campaign Contributions

Sponsor:  Hobbs

This bill changes the laws regarding ethics, lobbying, and
campaign contributions.

ETHICS AND LOBBYING

The bill:

(1)  Specifies that the crime of bribery of a public servant
includes when the Governor or an agent of the Governor exchanges
various appointed positions for an official vote on a public
matter by a member of the General Assembly;

(2)  Specifies that the crime of acceding to corruption by a
public servant includes when a member of the General Assembly
exchanges an official vote on a public matter for an appointment
to certain positions;

(3)  Prohibits a legislator and the legislator's spouse,
dependent children, and parents from receiving compensation
during the legislator's term of office for the legislator's
actions as a paid political consultant for another legislator or
a statewide elected official or committee as defined under the
Campaign Finance Disclosure Laws, Chapter 130, RSMo;

(4)  Prohibits members of the General Assembly from acting,
serving, or soliciting clients to represent as a lobbyist;
providing consulting services to any lobbyist; or registering as
a legislative lobbyist under the Conflict of Interest and
Lobbying Laws, Chapter 105, within 365 days after the conclusion
of the general assembly of which the person was a member;

(5)  Requires legislators, statewide elected officials, and their
staff and employees to file a report regarding any paid political
activity, including paid political consulting, in which they or
any business entity in which they or their spouse, dependent
children, or parent have any ownership interest have performed
for a committee as defined under the Campaign Finance Disclosure
Laws, Chapter 130;

(6)  Requires the Speaker of the House of Representatives and the
President Pro Tem of the Senate to disclose the name of all
nonmember appointees and the amount of any contribution made by
the appointee, the appointee's spouse, or any business in which
the appointee or the appointee's spouse holds a substantial
interest to any committee for the benefit of the legislator
during the four years immediately preceding the appointment;

(7)  Requires the Governor to disclose the name of all
appointees, the amount and date of any contribution made by the
appointee to any committee during the four years immediately
preceding the appointment.  The disclosure must be included in
the letter of transmittal to the Senate announcing the
appointment, printed in the Senate journal, and accessible to the
public on the Governor's and the Senate's web site;

(8)  Prohibits the Governor from appointing a legislator to
certain positions until 365 days after the conclusion of the
general assembly of which the person was a member;

(9)  Specifies that the definitions used in Section 105.470
regarding lobbying will apply to Section 105.456.  Currently, the
definitions only apply to Section 105.473;

(10)  Adds any honorarium in recognition of legislative service
valued at less than $50 to the list of items that will not be
considered a required reportable expenditure for a lobbyist;

(11)  Specifies that anyone who attempts to influence an elected
official other than the elected official who represents the
legislative district where that person resides and who meets
other specified requirements will be deemed a legislative
lobbyist as defined in Section 105.470, except for a person
testifying before any legislative, executive, or administrative
committee;

(12)  Allows a lobbyist to report the total expenditures for any
gratuity, favor, discount, entertainment, hospitality, loan,
forbearance, or other item having monetary value, including gifts
or services, training, transportation, lodging, and meals,
whether provided in kind, by purchase of a ticket, payment in
advance, or reimbursement after the expense has been incurred to
all members of the House of Representatives or Senate when the
members are invited in writing by the lobbyist, but repeals the
provisions which allow the reporting of total expenditures for
members of a joint committee of the General Assembly, a standing
committee of the House of Representatives or the Senate, or the
majority or minority caucus of the House of Representatives or
the Senate;

(13)  Specifies that a lobbyist who knowingly omits, conceals, or
falsifies information required on the monthly lobbyist report
will be guilty of a class D felony;

(14)  Repeals the provisions requiring the Missouri Ethics
Commission to provide the monthly lobbyist spending reports to
legislators, judges, and state and local elected officials;

(15)  Prohibits members of the General Assembly, statewide
officials, and persons acting on their behalf or at their request
from accepting any cumulative expenditures totaling more than
$100 from a lobbyist, except for certain specified expenditures
as well as items worth less than $10; and

(16)  Adds members of the General Assembly and the staff and
employees under their direct supervision, statewide officials
and their staff and employees, and caucus staff to the list of
individuals who must file a financial interest statement pursuant
to Chapter 105.

CAMPAIGN CONTRIBUTIONS

The bill:

(1)  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;

(2)  Prohibits statewide office holders from accepting donations
from persons whom they appoint with the advice and consent of the
Senate during and for 180 days after the appointment ends;

(3)  Prohibits statewide office holders from soliciting
contributions or fund-raising activities from any person
appointed by the Governor with the advice and consent of the
Senate, the appointee's spouse, or any business in which the
appointee or the appointee's spouse holds a substantial interest
for any elected official during and for 180 days after the
appointment ends;

(4)  Prohibits persons and businesses from making a contribution
of any kind to a candidate committee or state political party
committee that makes expenditures on behalf of a statewide office
holder, executive department official, or state agency when that
person or business has certain specified issues requiring a
decision or determination pending before the associated elected
official, executive department, or state agency;

(5)  Prohibits statewide office holders from soliciting
contributions from any person or business while that person or
business has certain specified issues requiring a decision or
determination pending before the associated elected official,
executive department, or state agency;

(6)  Requires, beginning August 28, 2010, all committees to file
any required disclosure report in an electronic format as
prescribed by the Missouri Ethics Commission;

(7)  Limits, beginning January 1, 2011, campaign donations from
any person other than the candidate in any one election to
candidates for statewide office at $2,000; for State Senator at
$1,000; and for State Representative at $500.  Contribution
limits for local candidate donations are based upon population
and are specified in the bill.  Candidate committees will be
exempt from these limits;

(8)  Limits donations made or accepted by political party
committees to $20,000 for a statewide candidate; $10,000 for a
State Senator candidate; $5,000 for a State Representative
candidate; and 10 times the allowable individual contribution for
candidates for other local offices;

(9)  Prohibits contributions from a person younger than 18 years
of age;

(10)  Establishes a surcharge penalty payable to the commission
of $5,000 per donation plus the amount of the nonallowable
contribution for a violation of the campaign contribution limits
by any committee and requires the candidate to return the
nonallowable contribution to the contributor within 10 business
days.  Failure to return the contribution will be a class D
felony committed jointly by the candidate and the treasurer;

(11)  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; and

(12)  Specifies that if a candidate committee fails to pay its
outstanding debts within 18 months after the termination of the
committee, the candidate will become responsible for the debt.
Failure to pay the debt will be a class D felony for conversion
of campaign funds.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm