To repeal section 36.150, RSMo 1994, relating to certain political activities, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 36.150, RSMo 1994, is repealed and five new sections enacted in lieu thereof to be known as sections 36.150, 105.155, 105.156, 105.157 and 105.158, to read as follows:

36.150. 1. Every appointment or promotion to a position covered by this law 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, 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.] 5. No person elected to partisan public office shall, while holding such office, be appointed to any position covered by this law.

[7.] 6. Any officer or employee in a position subject to this law 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 section 36.390 and a final determination by the board as to the occurrence of a violation.

105.155. For the purposes of this act, the following terms mean:

(1) "Employee", any individual holding an appointive position in an executive agency of the state;

(2) "Partisan political office", any office for which any candidate is nominated or elected as representing a party under chapter 115, RSMo;

(3) "Contribution", as defined in chapter 130, RSMo.

105.156. 1. An employee may take part in the activities of political parties and political campaigns. An employee may request that an amount be deducted from the employees' compensation warrant for contributions to political campaigns in the manner established in section 33.103, RSMo, and such amount shall be deducted and paid over to the organization designated by the employee at times designated by the employee.

2. An employee may not:

(1) Use his official authority or influence for the purpose of interfering with or affecting the result 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 he chooses and to express his opinion on political subjects and candidates.

105.157. 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 employee; or

(4) When using any vehicle owned or leased by the government of the state or any agency or instrumentality thereof.

105.158. It shall be unlawful for any person to intimidate, threaten, command, or coerce, or attempt 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 this section shall be 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.