To repeal section 386.200, RSMo 1994, relating to the public service commission, and to enact in lieu thereof one new section 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Section A. Section 386.200, RSMo 1994, is repealed and one new section enacted in lieu thereof to be known as section 386.200, to read as follows:

386.200. 1. Every commissioner, the public counsel and every person employed or appointed to office, either by the commission or by the public counsel, is hereby forbidden and prohibited to solicit, suggest, request or recommend, directly or indirectly, to any public utility, corporation or person subject to the supervision of the commission, or to any officer, attorney, agent or employee thereof, the appointment of any person to any office, place, position or employment. And every such public utility, corporation and person, and every officer, attorney, agent and employee thereof, is hereby forbidden and prohibited to offer to any commissioner, the public counsel, or to any person employed by the commission or by the public counsel, any office, place, appointment or position, or to offer or give to any commissioner, to the public counsel, or to any person employed or appointed to office by the commission or by the public counsel, any free pass or transportation or any reduction in fare to which the public generally are not entitled or free carriage for property or any present, gift, entertainment, [or] gratuity [of any kind] or any other expenditure, as defined in section 105.470, RSMo.

2. [If any commissioner, the public counsel, or any person employed or appointed to office by the commission or the public counsel, shall violate any provision of this section he shall be removed from the office held by him. Every commissioner, the public counsel, and every person employed or appointed to office by the commission, or by the public counsel, shall be and be deemed to be a public officer.] The Missouri ethics commission shall receive complaints alleging any violation of subsection 1 of this section, pursuant to section 105.957, RSMo. The Missouri ethics commission shall investigate the complaint and take such other action as provided by section 105.961, RSMo. Upon a final determination that a violation of subsection 1 of this section has occurred, the violator shall be terminated from employment subject to the appeals process provided for such employment by law and shall not be eligible for further employment by the state of Missouri thereafter. A final determination by the Missouri ethics commission that a violation of subsection 1 of this section has occurred shall constitute cause for removal from office for cause of any commissioner. The governor shall remove such commissioner from office for such cause.

3. If any public utility violates any provision of this section, it shall be liable to the state of Missouri in a civil action in any court of competent jurisdiction for the assessment of a civil penalty not to exceed twenty thousand dollars. The penalty provided in this subsection shall be in addition to any other penalty provided for violation of the provisions of this chapter. The attorney general shall bring the action authorized in this subsection. The action may be brought in any county where the defendant public utility's principal place of business is located or where the violation occurred, or where the public utility's registered agent is located. The penalty assessed under the provisions of this subsection shall be paid into the state treasury to the credit of general revenue.

4. Any officer, agent or employee of any public utility who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.

5. Every commissioner, the public counsel and every person employed or appointed to office, either by the commission or the public counsel is hereby forbidden, for a period of two years following the termination of his office or employment by the commission or by the public counsel, to accept any appointment to any office, place, position or employment by any person, corporation or other entity subject to the supervision or regulation of the commission.

6. Any person guilty of knowingly violating subsection 5 of this section shall be punished as follows:

(1) For the first offense, such person is guilty of a class B misdemeanor;

(2) For the second and subsequent offenses, such person is guilty of a class D felony.