Campaign Finance and Lobbyist Gifts

SB 555

Sponsored by Senator Nasheed (D), District 5
12/1/2013: Pre-filed
Effective Date: August 28, 2014

This act bars General Assembly members and their staff and family from accepting travel and tickets for sporting events and concerts from lobbyists and bars lobbyists from delivering such items to such individuals.

This act imposes contribution limits of $2,600 for any candidate in any election. The limits shall be increased in each odd-numbered year based upon fluctuations in the Consumer Price Index.Contributions from persons under 14 years old shall be considered to be made by his or her parents or guardians.Committees that accept or give contributions in violation of the limits shall be subject to a surcharge of $1,000 plus an amount equal to the contribution per non-allowable contribution.

This act is similar to HB 633 (2009), HB 687 (2009), SB 389 (2009), SB 270 (2009), SB 648 (2010),SB 546 (2012), SB 825 (2012), SB 227 (2013), SB 181 (2013), and SB 92 (2013).

SB536

Sponsored by Senator Sifton (D) District 1
12/1/2013: Prefiled
August 28, 2014: Effective Date

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), and identical to SB 38 (2013).

SB488

Sponsored by Senator Lager ( R ) District 12
12/1/2013: Prefiled
Effective Date: August 28, 2014

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.

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

This act is identical to SB 4 (2013).

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 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 385

Sponsored by Scott Rupp (R), District 2
Second Read and Referred S Rules, Joint Rules, Resolutions and Ethics Committee – 2/28/2013

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 181

Sponsored by Will Kraus (R), District 8
Second Read and Referred S Rules, Joint Rules, Resolutions and Ethics Committee – 1/31/2013

Bars political fund-raising activities to be held in buildings owned by the state or political subdivisions.
Statewide elected officials and legislators shall not campaign for other statewide elected officials or legislators or act as a paid political consultant for another statewide elected official or legislator or for a campaign committee, candidate committee, political action committee, or political party committee.

Statewide elected officials and legislators and their staff, employees, and family shall not receive any lobbyist gifts with a value of over $50.

Legislators shall not lobby until three years after leaving office.

Those who offer anything of value to any elected or appointed public official or employee of the state in exchange for an action affecting legislation or rulemaking and those who accept such value in such instances are guilty of a class D felony.

This act establishes campaign contribution limits for individuals and political party committees. The limits are as follows for contributions made by or accepted from any person other than the candidate in an election:

  • $5,000 for Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, or Attorney General.
  • $1,200 for Senators.
  • $600 for Representatives.
  • $325 any other office, including judicial office, if the population of the area is under 100,000.
  • $650 any other office, including judicial office, if the population of the area is between 100,000 and 250,000.
  • $1,275 any other office, including judicial office, if the population of the area is over 250,000.

The limits are as follows for contributions made by or accepted from a political party committee in an election:

  • $2,000 for Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, or Attorney General.
  • $1,000 for Senators.
  • $500 for Representatives.
  • 10 times the allowable contribution limit for any other office.
  • 50% of the amount of the allowable limit in unopposed primaries.

This act is similar to HB 633 (2009), HB 687 (2009), SB 389 (2009), SB 270 (2009), HCS/SS#2/SCS/SB 577 (2010), SB 800 (2010), HCS#2/SB 844 (2010), SB 648 (2010), HB 1322 (2010), HB 1326 (2010), HB 1337 (2010), HB 1727 (2010), HB 1846 (2010), HB 2039 (2010), HCS/HB 2300 (2010), SB 75 (2011), HB 139 (2013),SB 526 (2012), SB 825 (2012), HB 1080 (2012), HB 1320 (2012), HB 1756 (2012), HB 1939 (2012), and SB 92 (2013).

SB 227

Sponsored by Paul LeVolta (D), District 11
Second Read and Referred S Rules, Joint Rules, Resolutions and Ethics Committee – 2/14/2013

Charges the Attorney General with administering and enforcing ethics laws and imposes campaign contribution limits.

This act moves the Ethics Commission into the newly formed Division of Ethics within the Office of the Attorney General in order to perform the current duties of the Ethics Commission.

Certain current restrictions on a Commission member’s political involvement are similarly imposed upon employees of the new Division.

Non-criminal complaints against the Attorney General and employees of the Office of the Attorney General are automatically referred to a retired appellate or circuit court judge, outside of the Division, acting as a special investigator. If the investigator concludes that there are reasonable grounds to find a non-criminal ethics violation, the investigator shall file a petition with the Administrative Hearing Commission. Criminal complaints against such individuals are automatically referred to the Missouri Office of Prosecution Services.

All other complaints that do not involve the Attorney General or employees of the Office of the Attorney General are handled by special investigators within the Office of the Attorney General in the same way that they are handled by the Ethics Commission under current law.

The act specifies that the Commission may not subpoena subjects of an investigation.

The Attorney General shall represent the Division in all administrative actions and in circuit court.

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.
  • $2,000 for Representatives.
  • $2,000 for any other office, including judicial office.

This act is similar to HB 633 (2009), HB 687 (2009), SB 389 (2009), SB 270 (2009), SB 648 (2010),SB 546 (2012), SB 825 (2012), SB 92 (2013).

SB 298

Sponsored by Jason Holsman (D), District 7
Second Read and Referred S Rules, Joint Rules, Resolutions and Ethics Committee – 2/20/2013

Upon voter approval, this act creates a method for publicly financing election campaigns for legislative and statewide candidates and caps contributions to political party committees at $5,000.

Contributions to political party committees are capped, in aggregate, at $5,000 per year.

Candidates certified as participating candidates are eligible to receive public funding for their respective campaigns for primary and general elections by raising qualifying contributions, in the sum of $5 per voter, from a specified number of individuals, during a specified qualifying period. The candidates may, before certification, raise and spend seed money contributions.

Participating candidates shall not accept private contributions other than qualifying contributions and seed money contributions during the period up until 30 days after filing for office. Seed money contributions shall be $100 or less per contribution and shall not exceed, in aggregate, $1,000 for Representative, $2,000 for Senator, $5,000 for statewide office other than Governor, and $10,000 for Governor.

Participating candidates shall receive a line of credit and a fair election credit card in order to make expenditures that draw on an account held in the newly formed “Fair Elections Trust Fund”. The amounts of funds to be distributed to certified candidates are based on average expenditures of previous campaigns and whether or not the race is contested. Accounts are adjusted in the form of a matching credit based on the spending of nonparticipating candidates and independent expenditures. Once certified, participating candidates may only receive and spend moneys allocated to the candidate from the fund.

A process for making complaints against participating candidates is included in the act. Fines may be imposed upon candidates in violation of the act and knowingly violating certain portions of the act constitute a Class D felony.

Candidates holding elected offices that are running for an office covered under the act are required to give advance notice of making mass mailings that are funded by state funds in an election year. Participating candidates for the same office are entitled to a credit equal to the cost of such mailing.

This act is similar to SB 1071 (2008), SB 466 (2012), and HB 1929 (2012).

SB 470

Sponsored by Scott T. Rupp (R), District 2
Second Read and Referred S Rules, Joint Rules, Resolutions and Ethics Committee – 3/13/2013

Upon voter approval, 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), SB 227 (2013), and SB 385 (2013).

HB 139

Sponsored by Kevin McManus (D), District 36
H28 Introduced and Read First Time (H) – 1/09/2013
H61 Read Second Time (H) – 1/10/13
Second Read and Referred S Rules, Joint Rules, Resolutions and Ethics Committee – 3/27/2013

Changes the laws regarding conflicts of interest and lobbying, ethics, and campaign finance

CONFLICTS OF INTEREST AND LOBBYING

The bill:
(1) Prohibits the solicitation of expenditures and fund-raising activities and events supporting or opposing any candidate, ballot measure, political party, or political party committee on any property or in any building owned or leased by the state or any political subdivision unless the property or building is routinely used by and made available for rent or for a fee to all members of the public (Section 8.925, RSMo);

(2) Prohibits a member of the General Assembly from receiving compensation of any kind as a paid political consultant as defined in the bill for another member of the General Assembly, a statewide office holder, or any political committee as defined in Chapter 130. The spouse, dependent child, and parent of a member also are prohibited from receiving compensation of any kind on behalf of a member who acts as a paid political consultant (Sections 105.450 and 105.456.3);

(3) Prohibits a member of the General Assembly from acting, serving, or registering as a legislative lobbyist until after two calendar years following the conclusion of the general assembly in which the member last served and prohibits a member from soliciting clients to represent as a legislative lobbyist. An individual or business entity is prohibited from soliciting a legislator to become employed by that individual or entity as a lobbyist or paid political consultant while the legislator is holding office (Sections 105.456.4 and 105.456.5);

(4) Specifies that the crime of bribery of a public servant includes when the Governor or an agent of the Governor offers or promises to confer various specified appointed positions to a member of the General Assembly in exchange for the member’s official vote on a public matter and specifies that the crime of acceding to corruption by a public servant includes when a member of the General Assembly accepts or agrees to accept an offer or promise to confer an appointment to specified positions in exchange for an official vote on a public matter (Sections 105.456.6 and 105.456.7);

(5) Specifies that any person who intentionally offers anything of value 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 specific local legislation, order, ordinance, rule, or regulation will be guilty of a class D felony (Section 105.465);

(6) Allows a lobbyist to report the total expenditures for an occasion provided to all members of the House of Representatives or Senate and their staff and employees, all members of a joint committee of the General Assembly and their staff, a standing committee of the House of Representatives or the Senate and their staff, the majority or minority caucus of the House of Representatives or the Senate, and all statewide officials and their staff and employees when they are invited in writing (Section 105.473.3);

(7) Requires a lobbyist or a lobbyist principal to maintain accurate records relating to receipts and expenditures for elected officials for at least three years and to make those records available to the Missouri Ethics Commission for inspection upon an investigation by the commission (Section 105.473.6); (8) Specifies that any person who engages in lobbyist activities as defined in Section 105.470 and knowingly 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 (Section 105.478);

(9) Prohibits a member of the General Assembly or the member’s staff, employees, spouse, or dependent child from accepting or receiving cumulative expenditures, as defined in Section 105.470, from lobbyists in excess of $1,000 per calendar year per member, including expenditures to the member’s staff, employees, spouse, or dependent child. If the report provided to a member by the commission indicates that the member has exceeded this limit, the member has 60 days from the first day of the next calendar month after receipt of the report to reimburse the lobbyist for the excess amount. The commission must enforce this provision upon receiving a complaint or conducting an investigation (Section 105.479); and (10) Changes the reporting period for required personal financial disclosure statements by candidates and certain appointed officials and employees from for the 12 months prior to the closing date for filing to for the previous calendar year ending the immediately preceding December 31 to be consistent with the required time period for public officers. Certain reports will be considered timely filed if they are postmarked on the day due for filing rather than the day before that date (Sections 105.487 and 130.046).

ETHICS

The bill: (1) Authorizes the term of a member of the Missouri Ethics Commission to be extended one time for up to 120 days if there are vacancies on the commission and allows the executive director of the commission, who serves at the pleasure of the commission, to serve for up to eight years instead of up to six years (Sections 105.955.3 and 105.955.11);

(2) Authorizes the commission to conduct investigations and clarifies the commission’s authority to issue subpoenas by allowing the commission to delegate the power to issue subpeonas to the executive director (Sections 105.955.14 and 105.955.15);

(3) Requires a complaint to be signed and notarized and to include the alleged facts that, if true, are within the commission’s jurisdiction before being accepted by the commission. The provision is repealed that allows the commission to dismiss a case if it finds no probable cause to believe that there has been a violation (Section 105.957); (4) Authorizes the executive director of the commission to conduct an independent investigation without the receipt of a complaint if there are reasonable grounds to believe a violation has occurred and four members of the commission vote to proceed. The investigation must be strictly confidential with the exception that the commission must notify the person under investigation by registered mail within five days of the decision to conduct the investigation. If an investigation fails to establish reasonable grounds to believe that a violation has occurred, the investigation must be terminated and the person who had been under investigation must be notified (Section 105.959);

(5) Modifies the complaint investigation procedures, investigation time frames, and the appeal process (Sections 105.961, 105.963.7, and 105.966);

(6) Establishes the late fees that may be assessed for delinquent reports to the commission at a consistent rates for all report types with a maximum of $3,000 per report (Sections 105.963.1 and 105.963.2);

(7) Authorizes the commission, after receiving a judgment for unpaid late filing fees, to collect the judgment in any manner authorized by law including garnishment of and execution against the committee’s official depository account after a 30-day delinquency (Section 105.963.5);

(8) Requires a candidate, in the required written declaration of candidacy, to affirm that he or she is not a feigned candidate in order to conceal the candidacy of another or to divide the opposition (Section 115.349.3); and

(9) Creates a class three election offense for giving, lending, or agreeing to give or lend, offering, promising, or endeavoring to procure money or anything of value with the intent to induce a person to run for any office in this state if the person has the same or a similar name as another candidate for that office and would not otherwise run for the office but for the inducement. Legally made campaign contributions will not be construed as an inducement to run for elective office under the provisions of the bill (Section 115.635).

CAMPAIGN FINANCE

The bill:

(1) Moves the definitions regarding committee formation and termination to the proper section (Sections 130.011 and 130.021); (2) Revises the definition of a “committee” to include an organization that is exempt from taxation under 26 U.S.C. Section

501(c)(4) and revises the definition of “political party committee” to include only a state, Congressional district, or county continuing committee of a political party as authorized in Section 115.603 (Section 130.011);

(3) Prohibits a candidate from forming a new committee or serving as a treasurer or deputy treasurer for a committee until the person or the treasurer of any previously formed committee by the person or who served as treasurer or deputy treasurer has filed all required campaign disclosure reports or statements of limited activity have been filed for all prior elections and paid any outstanding fees. No candidate is allowed to form, control, or direct a continuing committee as defined in Section 130.011

(Section 130.021.3);

(4) Modifies the time frame for filing a statement of organization and terminating a committee (Section 130.021);

(5) Prohibits a committee from transferring any funds received by the committee to any other committee. 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 subject to a civil penalty of $1,000. For a third or any subsequent violation, the person transferring the funds will be subject to a civil penalty of $5,000, must vacate the position of treasurer or deputy treasurer for all committees served, and will be forever barred from acting as a treasurer or deputy treasurer for any committee. The prohibition will not apply to any transfer of funds from any committee to a campaign or candidate committee, including any transfer of funds from a candidate committee to a candidate committee, or from a candidate committee to a continuing committee unless the funds were transferred with the intent to conceal the identity of the actual source of the funds. The prohibited committee transfers do not apply to a transfer from the state house committee or state senate committee per political party designated by the respective majority or minority floor leader or designated by the chair of the state party if the party does not have a majority or minority party status (Sections 130.031.13, 130.031.14, 130.031.15);

(6) Prohibits the transfer of funds between committees when the same individual is treasurer of both committees (Section130.031.17);

(7) Limits campaign contributions from any one person other than the candidate in any one election to candidates for statewide office, state senator or representative, and all other offices at $5,000 and requires contributions from a child younger than 14 years of age to be counted equally toward each parent’s contribution limits or, in the case of a single parent, counted fully against that parent’s contribution limit (Section 130.032);

(8) Specifies that disclosure reports must be available for inspection by the commission instead of the Campaign Finance Review Board, which no longer exists (Section 130.036);

(9) Requires any committee, as defined in Section 130.011, that holds or invests funds to hold or invest the moneys in no- or low-risk investments and prohibits the investment of any of the funds in moderate- to high-risk investments (Section 130.039);

(10) Decreases, from $5,000 to $2,000, the amount of a single contribution that must be disclosed electronically to the commission within 48 hours of receipt. Individuals and committees required to file disclosure reports who receive a single contribution of $2,000 or more that must be reported under Section 130.044 must include that contribution on the current and all subsequent disclosure reports or statements of limited activity required in that election cycle or calendar year. The contribution reportable under Section 130.044 and required to be included on subsequent statements of limited activity under Section 130.041 will not be counted in the maximum aggregate limits for a statement of limited activity filed under Section 130.046 (Sections 130.041, 130.044, and 130.046);

(11) Removes the exemption and requires specified continuing committees and candidate committees to file campaign finance reports electronically with the commission (Section 130.057);

(12) Prohibits a successful candidate who has served as a treasurer or deputy treasurer of specified committees from taking office until all delinquent required reports are filed. Currently, the law specifies that a successful candidate cannot take office until the candidate or the treasurer of his or her candidate committee has filed the candidate’s required disclosure reports. The bill also requires any successful candidate to pay all assessed fees by the commission before taking office (Section 130.071); and

(13) Repeals the provisions enacted by Senate Bill 844 in the 95th General Assembly, Second Regular Session, which were struck down as unconstitutional by the Missouri Supreme Court for procedural reasons in Legends Bank and John Klebba v. State of Missouri, SC 91742.

The bill becomes effective January 1, 2014.