Center for Ethics in Public Life

2013 SESSION

(View 2012 Session Archive here)

View Bills by topic here

 

SB 385

Sponsored by Scott Rupp (R) District 2

This act modifies the law relating to campaign finance. Political party committees are redefined to only allow one state party committee per political party for the purposes of campaign finance.

Persons acting as a treasurer or deputy treasurer of a committee shall not act as such for another committee at the same time.

Committees shall have only one address and shall not have the same address as any other committee. Post office boxes are not acceptable committee addresses.

Committees shall not make contributions to other committees.

The act imposes contribution limits for individuals and committees in support of candidates running for public office. Surcharges will be imposed upon committees that accept or give contributions exceeding the limits.

The limits are as follows for contributions made by or accepted from any person other than the candidate and all committees:

• $25,000 for Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, or Attorney General;
• $10,000 for Senators;• $2,500 for Representatives;
• $2,500 for any other public office.

The amount of aggregate contributions made by a single contributor to a political party committee in a calendar year shall not exceed $50,000.

State senators and representatives and candidates for those offices shall report contributions received during the legislative session exceeding $500 within 48 hours of receiving the contribution. The same 48 hour reporting requirement is imposed for contributions given to the Governor, all statewide elected officials, and candidates for those offices during the legislative session and any time when legislation from the regular legislative session awaits gubernatorial action.

This act is similar to HB 633 (2009), HB 687 (2009), SB 389 (2009), SB 270 (2009), CCS#3/HCS#2/SB 844 (2010), SB 648 (2010),SB 546 (2012), SB 825 (2012), SB 92 (2013), SB 298 (2013), and SB 227 (2013).

 

 

SB 122

 Sponsored by Senator Schaefer (R), District 19

1/30/2013: Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee
2/4/2013: Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee

Modifies provisions relating to Missouri's open records law,
commonly known as the Sunshine Law.

The definition of a "public record" is modified to include any lease, sublease, or similar rental instrument entered into by a public body, or any other agreement for the rental, construction, or renovation of a facility.

Currently, public bodies must provide notice of meetings to members of the news media who request such notices. This act requires the public body to also provide notice to any member of the public who requests it. Currently, a public body must provide 24 hours notice of a meeting. This act changes the time to 48 hours, with the exception of the General Assembly which must continue to provide 24 hours notice. Minutes of meetings must reflect the closed meeting discussions, but shall not require the disclosure of properly closed records.

The act modifies provisions regarding bases for closing a meeting or record. Public disclosure in an open meeting is required for certain legal matters upon final disposition. Such disclosure shall be done orally or in writing and must occur at the next scheduled open meeting of the body, or at the resumption of a recessed open meeting. When a body closes a meeting or record relating to a "cause of action", the body must have received evidence that a lawsuit has been filed or shall have correspondence indicating a lawsuit shall be filed. Certain bases for closure relating to operational guidelines and security systems expired on December 31, 2012. This act extends the sunset to December 31, 2017.

If a public body closes a meeting, only members of the body, their attorney and staff assistants, as well as any person necessary to provide information, shall be permitted in the meeting.
The custodian of records for a public body is encouraged to create and maintain an index of all public records maintained by the body.

In actions against a public body for violations of the Sunshine Law, current law requires the person bringing the action to demonstrate that the body is subject to the Sunshine Law and held a closed meeting. Then the burden is on the body to demonstrate compliance with the Law. This act removes this language and provides that there is a presumption that a meeting, record, or vote is open to the public. The burden is on the body to prove that such meeting, record, or vote may be closed. Currently, a knowing violation of the Sunshine Law subjects the body or member to a civil penalty of up to $1,000. This act removes the "knowing" element and lessens the fine to $100. For such violations, the court shall, rather than may, order the payment of costs and attorneys fees to the party establishing the violation. Also, this act removes the ability of a public body to seek the formal opinion of the Attorney General or an attorney for the public body when it is in doubt about the legality of closing a meeting.

In actions seeking disclosure of an investigative report of a law enforcement agency, the court shall, rather than may, award costs and attorneys fees if it finds the decision of the law enforcement agency not to open the report was substantially unjustified.
This act contains an emergency clause for the section relating to closure of certain records, meetings, and votes.

This act is similar to SB 764 (2012) and HB 33 (2013).

 

 

 

HJR 4

Sponsored by Representative Neth (R), District 17

Introduced 1-9-2013
2/5/2013:  Heard in the elections committee in executive session
2/14/2013 - Rules - No Action Taken (H)

Modifies legislator term limits

Upon voter approval, this proposed constitutional amendment prohibits a person from serving more than 16 years in the General Assembly. The service may be split between the House of Representatives and the Senate in any proportion as long as the individual serves no more than 16 years total. Currently, no one can serve more than eight years in any one house of the General Assembly or more than 16 years in both houses.  

 

HJR 2


Sponsored by Representative Black (D), District 117
Introduced 1-9-2013


1/10/2013: Read Second Time (H)

Changes the number of Senators and Representatives in MO legislature

Upon voter approval, this proposed constitutional amendment reduces the number of members of the Missouri House of Representatives from 163 to 120 and increases the number of members of the Missouri Senate from 34 to 40 beginning with the 102nd General Assembly in 2023.

 

HCS HBs 256, 33 & 305

Sponsored by Representative Jones (R), District 50
2/14/13: Reported to the Senate and First Read (S)

Open meetings and records law

COMMITTEE OF ORIGIN: Committee on General Laws

This substitute repeals the expiration date of the provision regarding the exemption from the Open Meetings and Records Law, commonly known as the Sunshine Law, of the disclosure of the operational guidelines, policies, and specific response plans by any public agency responsible for law enforcement, public safety, first response, or public health for use in responding or preventing any critical incident that is terrorist in nature and has the potential to endanger individual or public safety or health. However, the bill specifies that financial records related to the procurement of or expenditures relating to the operational guidelines, policies or plans purchased with public funds will be open. When seeking to close information under this exception, the public governmental body must affirmatively state in writing that disclosure would impair the body's ability to protect the security or safety of persons or real property and that the public interest in nondisclosure outweighs the public interest in disclosure of the records.

The substitute also repeals the expiration date of the provision regarding the exemption from the law for existing or proposed security systems and structural plans of real property owned or leased by a public governmental body and information that is voluntarily submitted by a nonpublic entity owning or operating an infrastructure to any public governmental body for use by that body to devise plans for the protection of that infrastructure, the public disclosure of which would threaten public safety. However, nothing in this exception is deemed to include video from cameras outside the Governor's office in the Capitol. The substitute exempts the portion of a record that identifies security systems, access codes, or authorization codes for security systems of real property from the Open Meetings and Records Law. The substitute specifies that any records or flight logs pertaining to a flight or request for a flight, after the flight has occurred, by an elected member of the Executive or Legislative branch of government must be an open public record under the Open Meetings and Records Law, unless otherwise provided by law. The provisions of the substitute contain an emergency clause with the exception of those regarding any records or flight logs pertaining to a flight by an elected member of the Executive or Legislative branch.

 

HCS HBs 48 & 216 (See also HJR 5)

Sponsored by Representative Dugger (R), District 141
Introduced 1-11-2013


2/14/2013: Reported to the Senate and First Read (S)

Photo Identification Requirement for Elections

This bill requires a person to submit a specified form of photo identification in order to vote in a public election. In its main provisions, the bill: (1) Specifies that a person seeking to vote in a public election must establish his or her identity and eligibility to vote as a United States citizen lawfully residing in this state by presenting to election officials one of the specified forms of personal identification that contains his or her photograph. All costs incurred by an election authority to implement the photo identification requirement must be reimbursed by the state. If there is no state appropriation and distribution of funds, the election authority must not enforce the photo identification requirement; (2) Allows an individual to vote by casting a provisional ballot after signing an affidavit if he or she does not possess a required form of personal identification because of a physical or mental disability or handicap, the inability to pay for a birth certificate or other documentation necessary to obtain the identification required to vote, or a sincere religious belief against these forms of personal identification or the person was born on or before January 1, 1941; (3) Allows an individual to vote by casting a provisional ballot if he or she lacks photographic identification and then return to the election authority within three days after the election with a valid form of identification so that the provisional ballot may be counted; (4) Requires the state and all fee offices to provide at no cost at least one form of personal identification required to vote to a qualified individual who does not already possess the required identification and desires the identification in order to vote; and (5) Removes the provision allowing a disabled or elderly person to obtain a nondriver’s license photo identification through a mobile processing system operated by the Department of Revenue. The bill will become effective only upon voter approval of a constitutional amendment that authorizes the General Assembly to enact laws regarding photo identification requirements for elections.

 

HB 118

Sponsored by Representative Shull (R), District 16
Introduced 1-11-2013

1/31/2013: Referred - Utilities(H)

This bill changes the laws regarding the Open Meetings and Records Law, commonly known as the Sunshine Law, to allow a public governmental body to close meetings, records, and votes regarding guidelines, policies, security systems, and structural plans used in responding to or preventing any critical incident that is or appears to be terrorist in nature and has the potential to endanger individual or public safety or health. These provisions had expired on December 31, 2012, but the bill extends the provisions to December 31, 2108.

The bill contains an emergency clause.

 

SB 92

Sponsored by Senator Justus (D), District 10
12/28/2012: Pre-filed
1/14/13: Second Read
2/5/2013 - Hearing Cancelled S Rules,
Joint Rules, Resolutions and Ethics Committee

Imposes campaign contribution limits

The act imposes contribution limits for individuals and committees in support of candidates running for public office. Surcharges will be imposed upon committees that accept or give contributions exceeding the limits.

The limits are as follows for contributions made by or accepted from any person other than the candidate and all committees:

• $10,000 for Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, or Attorney General.

• $5,000 for Senators.

• $2,500 for Representatives.

• $2,500 for any other office, including judicial office if the population of the area is under 100,000.

• $5,000 for any other office, including judicial office if the population of the area is between 100,000 and 250,000.

• $10,000 for any other office, including judicial office if the population of the area is over 250,000.

This act is similar to HB 633 (2009), HB 687 (2009), SB 389 (2009), SB 270 (2009), SB 648 (2010),SB 546 (2012), and SB 825 (2012).

 

SB 78

Sponsored by Senator Lamping (R), District 24
Pre-filed 12-13-2012
Second Read 1-14-13

Revolving Door Law

The act imposes a two-year cooling off period for members of the General Assembly before they may become lobbyists.

 

SB 70

Sponsored by Senator Munzlinger (R), District 18
Pre-filed 12-11-2012

Modifies MEC procedure

This act modifies the operations and procedures of the Missouri Ethics Commission (the Commission).

Currently, Commission filings are deemed timely filed if postmarked not later than midnight of the day previous to the last day of the filing deadline. Under the act, such filings are timely filed if postmarked not later than midnight of the deadline date.

Currently, the Director of the Commission shall not serve for more than 6 years. This act repeals that limit.

All committees that are required to file financial disclosure reports with the Commission are required to file in an electronic format.

Currently, conflicting requirements exist that require the Commission to dismiss a complaint if they find no probable cause but allows the Commission to investigate when there is are reasonable grounds to investigate. The act repeals the provisions requiring the Commission to dismiss when there is no probable cause.

Currently, the executive director is required to review reports and statements that are required to be filed with the Commission. This act allows the executive director to also examine records relating to those reports and statements.

Currently, redundant language exists in Sections 105.951 and 105.961 relating to the ability of the Commission to investigate complaints. The act repeals the references in Section 105.951.

Currently, within 120 days of receipt of a complaint, the special investigator submits a report to the commission. This act changes that threshold to 90 days.

Determinations that violations have occurred, other than referrals for criminal prosecution, may be appealed de novo to the Circuit Court of Cole County.

Confidentiality provisions in Section 105.961 that conflict with provisions in Section 105.959 are repealed.

The act allows the executive director to send notices of failure to file by mail and any other means instead of only by registered mail. Evidence that notices were properly addressed and sent by mail or electronic mail to the address designated by the committee creates a rebuttable presumption the notice was received.

The act allows the Commission to collect late filing fees by filing a certified statement of account with the Cole County Circuit Court. Unpaid fees may be collected through garnishment and execution against the committee's official depository account. Lobbyists required to file expenditure reports, individuals required to file financial disclosure reports, and candidates and committees required to file disclosure statements may appeal late fee assessments in the same manner with the commission.

The act removes a provision allowing extra time for investigations when they are assigned to a retired judge and a provision allowing the commission to file a petition to seek extra time.

This act is similar to CCS#3/HCS#2/SB 844 (2010).

 

SB 38

Sponsored by Senator Sifton (D), District 1
Pre-filed 12-1-2012
First read 1-9-2013
Second read and referred to S. Rules, Joint Rules, Resolutions and Ethics Committee 1-10-2013

Bars gifts to legislators

This act bars members of the General Assembly and their family, employees, and staff from receiving any tangible or intangible item, service, or thing of value from a lobbyist and bars lobbyists from delivering such items to such individuals.

Lobbyists shall not make contributions in the form of food, entertainment, lodging, or travel to general assembly member candidate committees and such committees shall not receive such items.

This act is similar to HB 1080 (2012).

 

SB 4

Sponsored by Senator Lager (R), District 12
Pre-filed 12-1-2012
Second Read and Referred to S Rules, Joint Rules, Resolutions and Ethics Committee 1-10-2013

Bars legislators from acting as paid political consultants

This act bars members of the General Assembly and candidates for such office to act as paid political consultants for a candidate for state representative or state senator, or the candidate committee of such candidate or officeholder.

 

SB 94 (see also SB 145)

Sponsored by Senator Justus (D), District 10
Pre-filed 12-1-2012
Second Read 1-14-13

Creates early voting system

This act creates a system to allow voters to cast advance ballots at central voting locations and satellite sites. The advance voting period will begin the third Wednesday prior to an election and shall be conducted between 7:00 a.m. and 7:00 p.m. and until 12:00 p.m. on Saturdays. The election authority shall consider factors including geographic location and demographics of the registered voters from the previous election to ensure nondiscrimination and provide adequate notice of the central locations and the satellite sites that are chosen.

Election authorities shall create lists of names and addresses of each voter casting an advance ballot and such lists shall be confidential until 8:00 a.m. on the Friday before the election. Upon expiration of the confidential period, authorized individuals are entitled to view the lists and the election authority may make copies of the lists available to those individuals for a fee. A violation of confidentiality is a class four election offense. Provisions regarding advance voting become effective January 1, 2014.

Currently, in certain jurisdictions, candidates, campaign committees, and those authorized by a candidate are entitled to view lists of applications for absentee ballots before 8 A.M. on the Friday prior to the election and in other jurisdictions, that information is kept confidential until after 8 A.M. on the Friday prior to the election. Under this act, those lists in all jurisdictions are to remain confidential until after 8 A.M. on the Friday prior to the election. Confidentiality regarding lists of information regarding voters who cast advanced ballots shall be treated the same way. At 8 A.M. on the Friday prior to the election, candidates, campaign committee representatives, persons with written authorization from a candidate, any person who has applied for an absentee ballot, or any person who has cast an advance ballot may view the lists. Persons who knowingly disclose confidential information shall be guilty of a class four election offense.

This act is similar to SB 859 (2006), SB 37 (2007), SB 1251 (2008), SB 523 (2009), SB 21 (2009), SB 651 (2010), SB 3 (2011), SB 105 (2011), HB 1438 (2012), and SB 603 (2012).

 

SB-27

Sponsored by Senator Kraus (R), District 8
Second Read and Referred to S Financial and Governmental Organizations and Elections Committee 1-10-2013

Establishes photo identification requirements for voting

The act establishes identification requirements for voting. Voters shall produce a nonexpired Missouri driver's license; a nonexpired or nonexpiring Missouri nondriver's license; any identification containing a photograph issued by the Missouri National Guard, the United States armed forces, or the United States Department of Veterans Affairs; or a document issued by the United States or the state of Missouri containing the name of the voter which substantially conforms to the most recent signature in the individual's voter registration records, a photograph, and an expiration date or if expired, the expiration is after the date of the most recent general election.

Those appearing without identification who are unable to obtain one because of a physical or mental disability, an inability to pay for a document necessary to obtain the required identification, a religious belief against forms of identification or the voter was born before January 1, 1941, shall be allowed to vote a provisional ballot, provided the election authority can verify the identity of the individual by comparing the individual's signature to the signature on file with the election authority.

All voters whose identity cannot be established are allowed to cast a provisional ballot which shall not be counted unless the voter returns and provides proper identification.

All costs incurred by the election authority associated with implementing the new identification requirements shall be reimbursed from the general revenue upon appropriation.

The election authority shall provide advance notice of the identification requirements to be included in the election authority's elections notices.

The state shall provide at least one form of identification required to vote at no cost to the voter.

The act requires that provisional ballots be available for all elections except for absentee voting.

This act is contingent on the passage of a constitutional amendment establishing voter photo identification for elections

 

SJR 10

Sponsored by Senator Nasheed (D), District 5
First Read 1-10-2013
Second Read 1-14-13

Allows for 16 years in either chamber

This proposed constitutional amendment, if approved by voters, would increase term limits from eight years to sixteen years total in any one house of the General Assembly. A person is still limited to sixteen years total in the General Assembly, but such person may split service between the House of Representatives and the Senate in any proportion as long as the individual serves no more than sixteen total years.

 

SB 139

Sponsored by Senator Kehoe (R), District 6
2/15/13: H Second Read

Modifies provisions relating to Missouri's open records law, commonly known as the Sunshine Law.

The definition of a "public record" is modified to include any lease, sublease, or similar rental instrument entered into by a public body, or any other agreement for the rental, construction, or renovation of a facility.

Currently, all roll call votes in public meetings of public governmental bodies can only be cast by members that are physically present and in attendance at the meeting. This act allows members cast roll call votes if the member is participating via videoconferencing in such meetings.

Currently, public bodies must provide notice of meetings to members of the news media who request such notices. This act requires the public body to also provide notice to any member of the public who requests it. Currently, a public body must provide 24 hours notice of a meeting. This act changes the time to 48 hours, with the exception of the General Assembly which must continue to provide 24 hours notice. Minutes of meetings must reflect the list of subjects discussed in a closed meeting, but shall not require the disclosure of properly closed records.

The act modifies provisions regarding bases for closing a meeting or record. Public disclosure in an open meeting is required for certain legal matters upon final disposition. Such disclosure shall be done orally or in writing and must occur at the next scheduled open meeting of the body, or at the resumption of a recessed open meeting. When a body closes a meeting or record relating to a "cause of action", the body must have received evidence that a lawsuit has been filed or shall have correspondence indicating a lawsuit shall be filed. Certain bases for closure relating to operational guidelines and security systems expired on December 31, 2012. This act extends the sunset to December 31, 2017.

If a public body closes a meeting, only members of the body, their attorney and staff assistants, as well as any person necessary to provide information, shall be permitted in the meeting.

The custodian of records for a public body is encouraged to create and maintain an index of all public records maintained by the body.

In actions against a public body for violations of the Sunshine Law, current law requires the person bringing the action to demonstrate that the body is subject to the Sunshine Law and held a closed meeting. Then the burden is on the body to demonstrate compliance with the Law. This act removes this language and provides that there is a presumption that a meeting, record, or vote is open to the public. The burden is on the body to prove that such meeting, record, or vote may be closed. Currently, a knowing violation of the Sunshine Law subjects the body or member to a civil penalty of up to $1,000. This act removes the "knowing" element and lessens the fine to $100. For such violations, the court shall, rather than may, order the payment of costs and attorneys fees by the public body to the party establishing the violation. The court may order the payment of such costs and fees by a member of a public body to such party. In determining reasonable attorney fees, the court must take into account the size of the jurisdiction, annual operating budget and other sources of revenue.

This act contains an emergency clause for the section relating to closure of certain records, meetings, and votes.

This act is similar to SB 122 (2013), SB 170 (2013), HB 33 (2013) and SB 764 (2012).