To repeal sections 105.470, 105.959 and 105.961, RSMo 1994, and sections 105.955 and 130.046, RSMo Supp. 1996, relating to certain public officials, and to enact in lieu thereof six 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    Section A. Sections 105.470, 105.959 and 105.961, RSMo 1994, and sections 105.955 and 130.046, RSMo Supp. 1996, are repealed and six new sections enacted in lieu thereof to be known as sections 105.470, 105.473, 105.955, 105.959, 105.961, and 130.046, to read as follows:

     105.470. 1. [As used in this section, unless the context requires otherwise] Unless otherwise defined in this chapter, the following words and terms mean:

     (1) "Executive lobbyist", any natural person who acts for the purpose of attempting to influence any action by the executive branch of government or by any elected or appointed official, employee, department, division, agency or board or commission thereof and in connection with such activity, meets the requirements of any one or more of the following:

     (a) Is acting in the ordinary course of employment on behalf of or for the benefit of such person's employer; or

     (b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

     (c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation or association; or

     (d) Makes total expenditures of fifty dollars or more during the reporting period for the benefit of an official or employee of the executive branch of state government in connection with such activity. An "executive lobbyist" shall not include a member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

     a. Appearing or inquiring in regard to a complaint, citation, summons, adversary proceeding, or contested case before a state board, commission, department, division or agency of the executive branch of government or any elected or appointed officer or employee thereof;

     b. Preparing, filing or inquiring, or responding to any audit, regarding any tax return, any public document, permit or contract, any application for any permit or license or certificate, or any document required or requested to be filed with the state or a political subdivision;

     c. Selling of goods or services to be paid for by public funds, provided that such person is attempting to influence only the person authorized to authorize or enter into a contract to purchase the goods or services being offered for sale;

     d. Participating in public hearings or public proceedings on rules, grants, or other matters;

     e. Responding to any request for information made by any public official or employee of the executive branch of government;

     f. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

     g. Acting within the scope of employment by the general assembly, or acting within the scope of employment by the executive branch of government when acting with respect to the department, division, board, commission, agency or elected state officer by which such person is employed, or with respect to any duty or authority imposed by law to perform any action in conjunction with any other public official or state employee; or

     h. Testifying as a witness before a state board, commission or agency of the executive branch;

     (2) "Expenditure", any payment made or charge, expense, cost, debt or bill incurred; any gift, honorarium or item of value bestowed; any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed; any loan or debt which is canceled, reduced or otherwise forgiven; the transfer of any item with a reasonably discernible cost or fair market value from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge; except that the term "expenditure" shall not include the following:

     (a) Any item, service or thing of value transferred to any person within the third degree of consanguinity of the transferor which is unrelated to any activity of the transferor as a lobbyist;

     (b) Informational material such as books, reports, pamphlets, calendars or periodicals informing a public official regarding such person's official duties, or souvenirs or mementos valued at less than ten dollars;

     (c) Contributions to the public official's campaign committee or candidate committee which are reported pursuant to the provisions of chapter 130, RSMo;

     (d) Any loan made or other credit accommodations granted or other payments made by any person or entity which extends credit or makes loan accommodations or such payments in the regular ordinary scope and course of business, provided that such are extended, made or granted in the ordinary course of such person's or entity's business to persons who are not public officials;

     (e) Any item, service or thing of de minimis value offered to the general public, whether or not the recipient is a public official or a staff member, employee, spouse or dependent child of a public official, and only if the grant of the item, service or thing of de minimis value is not motivated in any way by the recipient's status as a public official or a staff member, employee, spouse or dependent child of a public official;

     (3) "Honorarium", any payment made to a public official for attending a public gathering which exceeds the actual expenses incurred by the public official for such official's necessary travel, lodging and admittance fees for the public gathering. An honorarium shall not include any nonmonetary award or prize;

     [(3)] (4) "Legislative lobbyist", any natural person who acts for the purpose of attempting to influence the taking, passage, amendment, delay or defeat of any official action on any bill, resolution, amendment, nomination, appointment, report or any other action or any other matter pending or proposed in a legislative committee in either house of the general assembly, or in any matter which may be the subject of action by the general assembly and in connection with such activity, meets the requirements of any one or more of the following:

     (a) Is acting in the ordinary course of employment, which primary purpose is to influence legislation on a regular basis, on behalf of or for the benefit of such person's employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or

     (b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

     (c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation or association; or

     (d) Makes total expenditures of fifty dollars or more during the reporting period for the benefit of a public official in connection with such activity. A "legislative lobbyist" shall include an attorney at law engaged in activities on behalf of any person unless excluded by any of the following exceptions. A "legislative lobbyist" shall not include any member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

     a. Responding to any request for information made by any public official or employee of the legislative branch of government;

     b. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

     c. Acting within the scope of employment of the legislative branch of government when acting with respect to the general assembly or any member thereof;

     d. Testifying as a witness before the general assembly or any committee thereof;

     [(4)] (5) "Lobbyist", any natural person defined as an executive lobbyist or a legislative lobbyist;

     [(5)] (6) "Lobbyist principal", any person, business entity, governmental entity, religious organization, nonprofit corporation or association who employs, contracts for pay or otherwise compensates a lobbyist;

     [(6)] (7) "Public official", any member or member-elect of the general assembly, or any other person holding an elective office of state government or any agency head, department director or division director of state government or any member of any state board or commission and any designated decision-making public servant designated by persons described in this subdivision.

     2. Each lobbyist shall, not later than five days after beginning any activities as an executive lobbyist or a legislative lobbyist, file standardized registration forms, verified by a written declaration that it is made under the penalties of perjury, with the commission. The forms shall include the lobbyist's name and business address, the name and address of all persons he employs for lobbying purposes, the name and address of each lobbyist principal by whom he is employed or in whose interest he appears or works. The commission shall maintain files on all lobbyists' filings, which shall be open to the public. Each lobbyist shall file an updating statement under oath within one week of any addition, deletion, or change in the lobbyist's employment or representation.

     3. Each person shall, before giving testimony before any committee of the general assembly, give to the secretary of such committee such person's name and address and the identity of any lobbyist or organization, if any, on whose behalf such person appears.

     4. (1) During any period of time in which a lobbyist continues to act as an executive lobbyist or a legislative lobbyist, the lobbyist shall file with the commission on standardized forms prescribed by the commission reports which shall cover the following dates:

     (a) A report covering the period of January first to June thirtieth, which shall be filed on or before July fifteenth;

     (b) A report covering the period of July first to December thirty-first, which shall be filed on or before January fifteenth of the following year.

     (2) Each report filed pursuant to this subsection shall include a statement, verified by a written declaration that it is made under the penalties of perjury, setting forth the following:

     (a) The total of all expenditures by the lobbyist or his lobbyist principals made on behalf of all public officials, their staffs and employees, and their spouses and dependent children, which expenditures shall be separated into at least the following categories by the executive branch and legislative branch of government: Printing and publication expenses; media and other advertising expenses; travel; entertainment; meals, food and beverages, including expenditures reported pursuant to section 105.498; honorariums; and gifts;

     (b) An itemized listing of the name of the recipient and the nature and amount of each expenditure by the lobbyist or his lobbyist principal, including a service or anything of value, which exceeds fifty dollars in the aggregate for all expenditures made during any reporting period, paid or provided to or for a public official, such official's staff, employees, spouse or dependent children. Expenditures reported pursuant to section 105.498 are to be considered for purposes of determining the aggregate amount of expenditures pursuant to this paragraph, except that such expenditures need not be separately reported in a report required by this subsection if such expenditures were reported in a report under section 105.498, but shall be aggregately reported. For purposes of this paragraph, expenditures made on behalf of a staff member or employee of any public official shall be reported by the name of the staff member or employee and not by the name of the public official;

     (c) Expenditures made by a lobbyist or lobbyist principal for any occasion when reported for listing on an events calendar maintained by the chief clerk of the house of representatives or the secretary of the senate at least three days in advance may be reported pursuant to this paragraph and not under paragraph (b) of this subdivision, when any of the following are invited in writing:

     a. All members of the senate;

     b. All members of the house of representatives;

     c. All members of a joint committee of the general assembly or a standing committee of either the house of representatives or senate; or

     d. All members of a caucus of the general assembly if the caucus consists of at least ten members, a list of the members of the caucus has been previously filed with the ethics committee of the house or the senate, and such list has been approved by either of such ethics committees. The identity of the group invited, the date and description of the occasion and the amount of the expenditure shall be reported pursuant to this paragraph, except that such expenditure need not be separately reported in a report required by this subsection if such expenditure was reported in a report under section 105.498;

     (d) Any expenditure made on behalf of a public official, or the public official's staff, employees, spouse or dependent children, if such expenditure is solicited by such public official, the public official's staff, employees, or spouse or dependent children, from the lobbyist or his lobbyist principals and the name of such person or persons, except that such expenditure need not be separately reported in a report required by this subsection if such expenditure was reported in a report under section 105.498;

     (e) For each lobbyist principal by whom the lobbyist was employed, or in whose behalf the lobbyist acted, a general description of the proposed legislation or action by the executive branch which the lobbyist supported or opposed;

     (f) A statement detailing any direct business relationship or association or partnership the lobbyist has with any public official. The reports required by this paragraph shall cover the time periods since the filing of the last report or since the lobbyist's employment or representation began, whichever is most recent.

     (3) In lieu of filing reports under subdivision (1) of this subsection, a lobbyist may at the time of registration and annually thereafter, file a statement of limited activity, stating that the lobbyist has no intention of making total expenditures of fifty dollars or more during any reporting period. If during any reporting period a lobbyist who has filed a statement of limited activity makes expenditures which aggregate fifty dollars or more, such lobbyist, within ten days after such expenditures are made, shall file a report pursuant to subdivision (1) of this subsection, and shall file reports for each reporting period thereafter unless the lobbyist files a new statement of limited activity.

     5. No expenditure reported pursuant to this section shall include any amount expended by a lobbyist or lobbyist principal on himself. All expenditures disclosed pursuant to this section shall be valued on the report at the actual amount of the payment made, or the charge, expense, cost, or obligation, debt or bill incurred by the lobbyist or the person the lobbyist represents. Whenever a lobbyist principal employs more than one lobbyist, expenditures of the lobbyist principal shall not be reported by each lobbyist, but shall be reported by one of such lobbyists. Admissions to sporting, educational or informational events within the state of Missouri, if the event is controlled or sponsored by the transferor, shall be reported either by dollar value or by the identity of the sponsor and a description identifying the date and nature of the event, and in such instances it is not necessary to assign a value for expenditures for such admissions and costs related thereto.

     6. Any lobbyist principal shall provide in a timely fashion whatever information is reasonably requested by the lobbyist principal's lobbyist for use in filing the reports required by this section.

     7. All information required to be filed under the provisions of this section with the commission shall be kept available by the administrative secretary of the commission at all times open to the public for inspection and copying for a reasonable fee for a period of five years from the date when such information was filed.

     8. No person shall knowingly employ any person who is required to register as a registered lobbyist but is not registered pursuant to this section. No person shall knowingly employ a lobbyist who is not registered pursuant to this section, or employ a lobbyist convicted pursuant to section 105.478 within two years of such conviction. Any person who knowingly violates this subsection shall be subject to a civil penalty in an amount of not more than five thousand dollars for each violation. Such civil penalties shall be collected by action filed by the commission.

     9. No lobbyist shall knowingly omit, conceal, or falsify in any manner information required pursuant to this section.

     10. The prosecuting attorney of Cole County shall be reimbursed out of funds appropriated by the general assembly for investigations and prosecutions for violations of this section.

     11. In addition to any penalty prescribed by law, any person convicted pursuant to section 105.478 shall not be permitted to register as a lobbyist or appear as a lobbyist before the general assembly or executive branch or any department, division or agency of the executive branch for a period of two years.

     12. Any public official or other person whose name appears in any lobbyist report filed pursuant to this section who contests the accuracy of the portion of the report applicable to such person may petition the commission for an audit of such report and shall state in writing in such petition the specific disagreement with the contents of such report. The commission shall investigate such allegations in the manner described in section 105.959. If the commission determines that the contents of such report are incorrect, incomplete or erroneous, it shall enter an order requiring filing of an amended or corrected report.

     105.473. 1. A member of the general assembly may accept meals, food, beverages or other gifts from a legislative lobbyist, as defined in paragraph (a) of subdivision (4) of subsection 1 of section 105.470, or such lobbyist's principal if any single item accepted has a value of less than fifty dollars, and all items accepted by any member in any calendar year from such lobbyist or lobbyist's principal, do not exceed a value of one hundred dollars in the aggregate.

     2. Subsection 1 of this section shall not apply to:

     (1) The participation of members in activities authorized in paragraph (c) of subdivision (2) of subsection 4 of section 105.470, regardless of the aggregate value;

     (2) The participation in seminars or meetings of national or regional associations when such participation and activities have been requested in writing and approved in advance by the committee on administration;

     (3) The acceptance of meals, food or beverages or other gifts to be used for charitable purposes, as defined by law, and which are not consumed or used for the personal benefit of the member; or

     (4) A member within the second degree of consanguinity or affinity of the lobbyist who accepts any gift provided to the member by such lobbyist.

     3. The provisions of this section may be satisfied by reimbursing the lobbyist or lobbyist's principal within thirty days of obtaining actual knowledge that reimbursement is necessary to meet the requirements of this section.

     105.955. 1. A bipartisan "Missouri Ethics Commission", composed of six members, is hereby established. The commission shall be assigned to the office of administration with supervision by the office of administration only for budgeting and reporting as provided by subdivisions (4) and (5) of subsection 6 of section 1 of the Reorganization Act of 1974. Supervision by the office of administration shall not extend to matters relating to policies, regulative functions or appeals from decisions of the commission, and the commissioner of administration, any employee of the office of administration, or the governor, either directly or indirectly, shall not participate or interfere with the activities of the commission in any manner not specifically provided by law and shall not in any manner interfere with the budget request of or withhold any moneys appropriated to the commission by the general assembly. All members of the commission shall be appointed by the governor with the advice and consent of the senate from lists submitted pursuant to this section. Each congressional district committee of the political parties having the two highest number of votes cast for their candidate for governor at the last gubernatorial election shall submit two names of eligible nominees for membership on the commission to the governor, and the governor shall select six members from such nominees to serve on the commission.

     2. Within thirty days of submission of his name to the governor as provided in subsection 1 of this section, and in order to be an eligible nominee for appointment to the commission, a person shall file a financial interest statement in the manner provided by section 105.485 and shall provide the governor, the president pro tempore of the senate, and the commission with a list of all political contributions and the name of the candidate or committee, political party, or continuing committee, as defined in chapter 130, RSMo, to which those contributions were made within the four-year period prior to such appointment, made by the nominee, his spouse, or any business entity in which he has a substantial interest. The information shall be maintained by the commission and available for public inspection during the period of time during which the appointee is a member of the commission. In order to be an eligible nominee for membership on the commission, a person shall be a citizen and a resident of the state and shall have been a registered voter in the state for a period of at least five years preceding his appointment.

     3. The term of each member shall be for four years, except that of the members first appointed, the governor shall select three members from even-numbered congressional districts and three members from odd-numbered districts. Not more than three members of the commission shall be members of the same political party, nor shall more than one member be from any one United States congressional district. Not more than two members appointed from the even-numbered congressional districts shall be members of the same political party, and no more than two members from the odd-numbered congressional districts shall be members of the same political party. Of the members first appointed, the terms of the members appointed from the odd-numbered congressional districts shall expire on March 15, 1994, and the terms of the members appointed from the even-numbered congressional districts shall expire on March 15, 1996. Thereafter all successor members of the commission shall be appointed for four-year terms. Terms of successor members of the commission shall expire on March fifteenth of the fourth year of their term. No member of the commission shall serve on the commission after the expiration of his term. No person shall be appointed to more than one full four-year term on the commission.

     4. Vacancies or expired terms on the commission shall be filled in the same manner as the original appointment was made, except as provided in this subsection. Within thirty days of the vacancy or ninety days before the expiration of the term, the names of two eligible nominees for membership on the commission shall be submitted to the governor by the congressional district committees of the political party or parties of the vacating member or members, from the even- or odd-numbered congressional districts, based on the residence of the vacating member or members, other than from the congressional district committees from districts then represented on the commission and from the same congressional district party committee or committees which originally appointed the member or members whose positions are vacated. Appointments to fill vacancies or expired terms shall be made within forty-five days after the deadline for submission of names by the congressional district committees, and shall be subject to the same qualifications for appointment and eligibility as is provided in subsections 2 and 3 of this section. Appointments to fill vacancies for unexpired terms shall be for the remainder of the unexpired term of the member whom the appointee succeeds, and such appointees shall be eligible for appointment to one full four-year term. If the congressional district committee does not submit the required two nominees within the thirty days or if the congressional district committee does not submit the two nominees within an additional thirty days after receiving notice from the governor to submit the nominees, then the governor may appoint a person or persons who shall be subject to the same qualifications for appointment and eligibility as provided in subsections 2 and 3 of this section.

     5. The governor, with the advice and consent of the senate, may remove any member only for substantial neglect of duty, inability to discharge the powers and duties of office, gross misconduct or conviction of a felony or a crime involving moral turpitude. Members of the commission also may be removed from office by concurrent resolution of the general assembly signed by the governor. If such resolution receives the vote of two-thirds or more of the membership of both houses of the general assembly, the signature of the governor shall not be necessary to effect removal. The office of any member of the commission who moves from the congressional district from which he was appointed shall be deemed vacated upon such change of residence.

     6. The commission shall elect biennially one of its members as the chairman. The chairman may not succeed himself after two years. No member of the commission shall succeed as chairman any member of the same political party as himself. At least four members are necessary to constitute a quorum, and at least four affirmative votes shall be required for any action or recommendation of the commission.

     7. No member or employee of the commission, during his term of service, shall hold or be a candidate for any other public office.

     8. In the event that a retired judge is appointed as a member of the commission, he shall not serve as a special investigator while serving as a member of the commission.

     9. No member of the commission shall, during his term of service or within one year thereafter:

     (1) Be employed by the state or any political subdivision of the state;

     (2) Be employed as a lobbyist;

     (3) Serve on any other governmental board or commission;

     (4) Be an officer of any political party or political organization;

     (5) Permit his name to be used, or make contributions, in support of or in opposition to any candidate or proposition;

     (6) Participate in any way in any election campaign; except that a member or employee of the commission shall retain the right to register and vote in any election, to express his opinion privately on political subjects or candidates, to participate in the activities of a civic, community, social, labor or professional organization and to be a member of a political party.

     10. Each member of the commission shall receive, as full compensation for his services, the sum of one hundred dollars per day for each full day actually spent on work of the commission, and his actual and necessary expenses incurred in the performance of his official duties.

     11. The commission shall appoint an administrative secretary who shall serve subject to the supervision of and at the pleasure of the commission, but in no event for more than six years. The administrative secretary shall be responsible for the administrative operations of the commission and perform such other duties as may be delegated or assigned to him by law or by rule of the commission. The administrative secretary shall employ staff and retain such contract services as he deems necessary, within the limits authorized by appropriations by the general assembly.

     12. Beginning on January 1, 1993, all lobbyist registration and expenditure reports filed pursuant to section 105.470, financial interest statements filed pursuant to subdivision (1) of section 105.489, and campaign finance disclosure reports filed other than with election authorities or local election authorities as provided by section 130.026, RSMo, shall be filed with the commission.

     13. Within sixty days of the initial meeting of the first commission appointed, the commission shall obtain from the clerk of the supreme court or the state courts administrator a list of retired appellate and circuit court judges who did not leave the judiciary as a result of being defeated in an election. The administrative secretary shall determine those judges who indicate their desire to serve as special investigators and to investigate any and all complaints referred to them by the commission. The administrative secretary shall maintain an updated list of those judges qualified and available for appointment to serve as special investigators. Such list shall be updated at least annually. The commission shall refer complaints to such special investigators on that list on a rotating schedule which ensures a random assignment of each special investigator. Each special investigator shall receive only one unrelated investigation at a time and shall not be assigned to a second or subsequent investigation until all other eligible investigators on the list have been assigned to an investigation. In the event that no special investigator is qualified or available to conduct a particular investigation, the commission may appoint a special investigator to conduct such particular investigation.

     14. The commission shall have the following duties and responsibilities relevant to the impartial and effective enforcement of sections 105.450 to 105.498 and chapter 130, RSMo, as provided in sections 105.955 to 105.963:

     (1) Receive and review complaints regarding alleged violation of sections 105.450 to 105.498 and chapter 130, RSMo, conduct initial reviews and investigations regarding such complaints as provided herein; refer complaints to appropriate prosecuting authorities and appropriate disciplinary authorities along with recommendations for sanctions; and initiate judicial proceedings as allowed by sections 105.955 to 105.963;

     (2) Review and audit any reports and statements required by the campaign finance disclosure laws contained in chapter 130, RSMo, and financial interest disclosure laws or lobbyist registration and reporting laws as provided by sections 105.470 to 105.492, for timeliness, accuracy and completeness of content as provided in sections 105.955 to 105.963;

     (3) Develop appropriate systems to file and maintain an index of all such reports and statements to facilitate public access to such information, except as may be limited by confidentiality requirements otherwise provided by law, including cross-checking of information contained in such statements and reports. The commission may enter into contracts with the appropriate filing officers to effectuate such system. Such filing officers shall cooperate as necessary with the commission as reasonable and necessary to effectuate such purposes;

     (4) Provide information and assistance to lobbyists, elected and appointed officials, and employees of the state and political subdivisions in carrying out the provisions of sections 105.450 to 105.498 and chapter 130, RSMo;

     (5) Make recommendations to the governor and general assembly or any state agency on the need for further legislation with respect to the ethical conduct of public officials and employees and to advise state and local government in the development of local government codes of ethics and methods of disclosing conflicts of interest as the commission may deem appropriate to promote high ethical standards among all elected and appointed officials or employees of the state or any political subdivision thereof and lobbyists;

     (6) Render advisory opinions as provided by this section;

     (7) Promulgate rules relating to the provisions of sections 105.955 to 105.963 and chapter 130, RSMo. All rules and regulations issued by the commission shall be prospective only in operation;

     (8) Request and receive from the officials and entities identified in subdivision (6) of section 105.450 designations of decision-making public servants;

     (9) Institute civil actions in the circuit court of Cole County for relief, including permanent or temporary injunctions, restraining orders, or any other appropriate orders, including orders for a civil penalty;

     (10) Promulgate rules and regulations establishing a civil penalty for violations of sections 105.450 to 105.498, 105.955 to 105.963, chapter 130, RSMo, any code of conduct promulgated by any department, division or agency of state government, or by a state institution of higher education, or by executive order. The amount of any such penalty shall be no more than the greater of five thousand dollars or double the amount involved in the violation, and shall be enforceable the same as any other debt or obligation. Any moneys paid pursuant to this section shall be transmitted to the director of revenue and deposited to the credit of the general revenue fund.

     15. In connection with such powers provided by sections 105.955 to 105.963 and chapter 130, RSMo, the commission may:

     (1) Subpoena witnesses and compel their attendance and testimony. Subpoenas shall be served and enforced in the same manner provided by section 536.077, RSMo;

     (2) Administer oaths and affirmations;

     (3) Take evidence and require by subpoena duces tecum the production of books, papers, and other records relating to any matter being investigated or to the performance of the commission's duties or exercise of its powers. Subpoenas duces tecum shall be served and enforced in the same manner provided by section 536.077, RSMo;

     (4) Employ such personnel, including legal counsel, and contract for services including legal counsel, within the limits of its appropriation, as it deems necessary provided such legal counsel, either employed or contracted, does not represent the Missouri ethics commission or other state agency before the courts or other agencies of this state. Nothing in this section shall limit the authority of the Missouri ethics commission as provided for in subsection 2 of section 105.961; and

     (5) Obtain information from any department, division or agency of the state or any political subdivision reasonably calculated to lead to the discovery of evidence which will reasonably assist the commission in carrying out the duties prescribed in sections 105.955 to 105.963 and chapter 130, RSMo.

     16. (1) Upon written request for an advisory opinion received by the commission, and if the commission determines that the person requesting the opinion would be directly affected by the application of law to the facts presented by the requesting person, the commission may issue a written opinion advising the person who made the request, in response to his particular request, regarding any issue pertaining to sections 105.450 to 105.498, or the application of chapter 130, RSMo. Such requests and advisory opinions, deleting the name and identity of the requesting person, shall be compiled and published by the commission on at least an annual basis. Advisory opinions issued by the commission shall be maintained and made available for public inspection and copying at the office of the commission during normal business hours. Any advisory opinion or portion of an advisory opinion rendered pursuant to this subsection shall be withdrawn by the commission if, after hearing thereon, the joint committee on administrative rules finds that such advisory opinion is beyond or contrary to the statutory authority of the commission or is inconsistent with the legislative intent of any law enacted by the general assembly, and after the general assembly, by concurrent resolution, votes to adopt the findings and conclusions of the joint committee on administrative rules. Any such concurrent resolution adopted by the general assembly shall be published at length by the commission in its publication of advisory opinions of the commission next following the adoption of such resolution, and a copy of such concurrent resolution shall be maintained by the commission, along with the withdrawn advisory opinion, in its public file of advisory opinions. The commission shall also send a copy of such resolution to the person who originally requested the withdrawn advisory opinion. Any advisory opinion issued by the ethics commission shall act as legal direction to any person requesting such opinion and no person shall be liable for relying on the opinion and it shall act as a defense of justification against prosecution.

     (2) Upon request, the attorney general shall give his opinion, without fee, to the commission, any elected official of the state or any political subdivision, any member of the general assembly, or any director of any department, division or agency of the state, upon any question of law regarding the effect or application of sections 105.450 to 105.498, or chapter 130, RSMo. Such opinion need be in writing only upon request of such official, member or director, and in any event shall be rendered within sixty days that such request is delivered to the attorney general.

     17. The state auditor and his duly authorized employees who have taken the oath of confidentiality required by section 29.070, RSMo, may audit the commission and in connection therewith may inspect materials relating to the functions of the commission. Such audit shall include a determination of whether appropriations were spent within the intent of the general assembly, but shall not extend to review of any file or document pertaining to any particular investigation, audit or review by the commission, an investigator or any staff or person employed by the commission or under the supervision of the commission or an investigator. The state auditor and any employee of the state auditor shall not disclose the identity of any person who is or was the subject of an investigation by the commission and whose identity is not public information as provided by law.

     18. From time to time but no more frequently than annually the commission may request the officials and entities described in subdivision (6) of section 105.450 to identify for the commission in writing those persons associated with such office or entity which such office or entity has designated as a decision-making public servant. Each office or entity delineated in subdivision (6) of section 105.450 receiving such a request shall identify those so designated within thirty days of the commission's request.

     105.959. 1. The administrative secretary of the commission, under the supervision of the commission, shall review reports and statements filed with the commission or other appropriate officers pursuant to sections 105.470, 105.483 to 105.492, and chapter 130, RSMo, for completeness, accuracy and timeliness of filing of the reports or statements, and upon review, if there are reasonable grounds to believe that a violation has occurred, shall conduct an audit of such reports and statements. All investigations by the administrative secretary of an alleged violation shall be strictly confidential with the exception of notification of the commission and the complainant or the person under investigation. Revealing any such confidential investigation information shall be cause for removal or dismissal of the administrative secretary or a commission member or employee.

     2. Upon findings of the appropriate filing officer which are reported to the commission in accordance with the provisions of section 130.056, RSMo, the administrative secretary shall audit disclosure reports, statements and records pertaining to such findings within a reasonable time after receipt of the reports from the appropriate filing officer.

     3. Upon sworn written complaint of any natural person filed with the commission pursuant to subdivision (1), (2), (3) or (4) of subsection 1 of section 105.957, the commission shall audit and investigate alleged violations of the requirements of sections 105.470, 105.483 to 105.492, or chapter 130, RSMo. Within sixty days after receipt of a sworn written complaint alleging violation of any provision of said sections or chapter, the administrative secretary shall notify the complainant in writing of the action, if any, the administrative secretary has taken and plans to take on the complaint. If an investigation conducted pursuant to this subsection fails to establish reasonable grounds to believe that a violation has occurred, the investigation shall be terminated and the complainant and the person who had been under investigation shall be notified of the reasons for the disposition of the complaint.

     4. The commission may make such investigations and inspections within or outside of this state as are necessary to determine compliance with the requirements of sections 105.470, 105.483 to 105.492 or chapter 130, RSMo.

     5. If, during an audit or investigation, the commission determines that a formal investigation is necessary, the commission shall assign the investigation to a special investigator in the manner provided by subsection 1 of section 105.961.

     6. After completion of an audit or investigation, the administrative secretary shall provide a detailed report of such audit or investigation to the commission. Upon determination that there are reasonable grounds to believe that a person has violated the requirements of sections 105.470, 105.483 to 105.492, or chapter 130, RSMo, by a vote of four members of the commission, the commission shall refer the report with the recommendations of the commission to the appropriate prosecuting authority together with a copy of the audit and the details of the investigation by the commission as is provided in subsection 2 of section 105.961 unless the commission determines that any such violation was inadvertent or unintentional in which case the commission may enter into a conciliation agreement for the payment of a civil penalty which does not exceed the greater of five thousand dollars or double the amount involved in the violation.

     105.961. 1. Upon receipt of a complaint as described by subdivision (5) or (6) of subsection 1 of section 105.957, the commission shall assign the complaint to a special investigator who shall investigate and determine the merits of the complaint. Within ten days of such assignment, the special investigator shall review such complaint and disclose, in writing, to the commission any conflict of interest which he has or might have with respect to the investigation and subject thereof. Within one hundred twenty days of receipt of the complaint from the commission, the special investigator shall submit his report to the commission. The commission, after review of such report, shall determine:

     (1) That there is reasonable grounds for belief that a violation has occurred; or

     (2) That there are no reasonable grounds for belief that a violation exists and the complaint should be dismissed; or

     (3) That additional time is necessary to complete the investigation, and the status and progress of the investigation to date. The commission, in its discretion, may allow the investigation to proceed for additional successive periods of one hundred twenty days each, pending reports regarding the status and progress of the investigation at the end of each such period.

     2. When the commission concludes, based on the report from the special investigator, or based on an audit conducted pursuant to section 105.959, that there are reasonable grounds to believe that a violation of any criminal law has occurred, and upon a vote of four members of the commission, if it has sufficient funds appropriated to pay a special prosecutor, the commission shall refer the report to the Missouri office of prosecution services, prosecutors coordinators training council established in section 56.760, RSMo, which shall submit a panel of five attorneys for recommendation to the presiding judge of the circuit court having criminal jurisdiction, for appointment of an attorney to serve as a special prosecutor. The court shall then appoint from said panel a special prosecutor pursuant to section 56.110, RSMo, who shall have all the powers provided by section 56.130, RSMo. The special prosecutor shall commence an action based on the report by the filing of an information or seeking an indictment within [sixty] ninety days of the date of his appointment, or shall file a written statement with the commission explaining why criminal charges should not be sought. If the special prosecutor fails to take either action required by this subsection, upon request of the commission, a new special prosecutor shall be appointed as provided in this subsection. The report may also be referred to the appropriate disciplinary authority over the person who is the subject of the report. If the commission does not have sufficient funds to pay a special prosecutor, the commission shall refer the case to the prosecutor or prosecutors having criminal jurisdiction.

     3. When the commission concludes, based on the report from the special investigator or based on an audit conducted pursuant to section 105.959, that there are reasonable grounds to believe that a violation of any law has occurred which is not a violation of criminal law or that criminal prosecution is not appropriate, the commission shall conduct a hearing which shall be a closed meeting and not open to the public. The hearing shall be conducted pursuant to the procedures provided by sections 536.063 to 536.090, RSMo, and shall be considered to be a contested case for purposes of such sections. The commission shall determine, in its discretion, whether or not that there is probable cause that a violation has occurred. If the commission determines, by a vote of at least four members of the commission, that probable cause exists that a violation has occurred, the commission may refer its findings and conclusions to the appropriate disciplinary authority over the person who is the subject of the report, as described in subsection 7 of this section.

     4. If the appropriate disciplinary authority receiving a report from the commission under subsection 3 of this section fails to follow, within sixty days of the receipt of the report, the recommendations contained in the report, the commission may take any one or more of the following actions:

     (1) Notify the person to cease and desist violation of any provision of law which the report concludes was violated and that the commission may seek judicial enforcement of its decision pursuant to subsection 5 of this section;

     (2) Notify the person of the requirement to file, amend or correct any report, statement, or other document or information required by sections 105.470, 105.483 to 105.492, or chapter 130, RSMo, and that the commission may seek judicial enforcement of its decision pursuant to subsection 5 of this section; and

     (3) File the report with the administrative secretary to be maintained as a public document.

     5. Upon vote of at least four members, the commission may initiate formal judicial proceedings seeking to obtain any of the following orders:

     (1) Cease and desist violation of any provision of sections 105.450 to 105.498, or chapter 130, RSMo, or sections 105.955 to 105.963;

     (2) Pay any civil penalties required by sections 105.450 to 105.498 or chapter 130, RSMo;

     (3) File any reports, statements, or other documents or information required by sections 105.450 to 105.498, or chapter 130, RSMo; and

     (4) Pay restitution for any unjust enrichment the violator obtained as a result of any violation of any criminal statute as described in subsection 6 of this section.

     6. In the proceeding in circuit court, the commission may seek restitution against any person who has obtained unjust enrichment as a result of violation of any provision of sections 105.450 to 105.498, or chapter 130, RSMo, and may recover on behalf of the state or political subdivision with which the alleged violator is associated, damages in the amount of any unjust enrichment obtained and costs and attorney's fees as ordered by the court.

     7. The appropriate disciplinary authority to whom a report shall be sent pursuant to subsection 2 or 3 of this section shall include, but not be limited to, the following:

     (1) In the case of a member of the general assembly, the ethics committee of the house of which the subject of the report is a member;

     (2) In the case of a person holding an elective office or an appointive office of the state, if the alleged violation is an impeachable offense, the report shall be referred to the ethics committee of the house of representatives;

     (3) In the case of a person holding an elective office of a political subdivision, the report shall be referred to the governing body of the political subdivision;

     (4) In the case of any officer or employee of the state or of a political subdivision, the report shall be referred to the person who has immediate supervisory authority over the employment by the state or by the political subdivision of the subject of the report;

     (5) In the case of a judge of a court of law, the report shall be referred to the commission on retirement, removal and discipline, or if the inquiry involves an employee of the judiciary to the applicable presiding judge;

     (6) In the case of a person holding an appointive office of the state, if the alleged violation is not an impeachable offense, the report shall be referred to the governor;

     (7) In the case of a statewide elected official, the report shall be referred to the attorney general;

     (8) In a case involving the attorney general, the report shall be referred to the prosecuting attorney of Cole County.

     8. The special investigator having a complaint referred to him by the commission shall have the following powers:

     (1) To request and shall be given access to information in the possession of any person or agency which he deems necessary for the discharge of his responsibilities;

     (2) To examine the records and documents of any person or agency, unless such examination would violate state or federal law providing for confidentiality;

     (3) To administer oaths and affirmations;

     (4) Upon refusal by any person to comply with a request for information relevant to an investigation, an investigator may issue a subpoena for any person to appear and give testimony, or for a subpoena duces tecum to produce documentary or other evidence which the investigator deems relevant to a matter under his inquiry. The subpoenas and subpoenas duces tecum may be enforced by applying to a judge of the circuit court of Cole County or any county where the person or entity that has been subpoenaed resides or may be found, for an order to show cause why the subpoena or subpoena duces tecum should not be enforced. The order and a copy of the application therefor shall be served in the same manner as a summons in a civil action, and if, after hearing, the court determines that the subpoena or subpoena duces tecum should be sustained and enforced, the court shall enforce the subpoena or subpoena duces tecum in the same manner as if it had been issued by the court in a civil action; and

     (5) To request from the commission such investigative, clerical or other staff assistance or advancement of other expenses which are necessary and convenient for the proper completion of an investigation. Within the limits of appropriations to the commission, the commission may provide such assistance, whether by contract to obtain such assistance or from staff employed by the commission, or may advance such expenses.

     9. (1) Any retired judge may request in writing to have his name removed from the list of special investigators subject to appointment by the commission or may request to disqualify himself from any investigation. Such request shall include the reasons for seeking removal;

     (2) By vote of four members of the commission, the commission may disqualify a judge from a particular investigation or may permanently remove the name of any retired judge from the list of special investigators subject to appointment by the commission.

     10. Any person who is the subject of any investigation pursuant to this section shall be entitled to be represented by counsel at any proceeding before the special investigator or the commission.

     11. The provisions of sections 105.957, 105.959 and 105.961 are in addition to other provisions of law under which any remedy or right of appeal or objection is provided for any person, or any procedure provided for inquiry or investigation concerning any matter. The provisions of this section shall not be construed to limit or affect any other remedy or right of appeal or objection.

     12. No person shall be required to make or file a complaint to the commission as a prerequisite for exhausting his administrative remedies before pursuing any civil cause of action allowed by law.

     13. If, in the opinion of the commission, the complaining party was motivated by malice or reason contrary to the spirit of any law on which such complaint was based, in filing the complaint without just cause, this finding shall be reported to appropriate law enforcement authorities. Any person who knowingly files a complaint without just cause, or with malice, shall be guilty of a class A misdemeanor.

     14. A respondent party who prevails in a formal judicial action brought by the commission shall be awarded those reasonable fees and expenses incurred by that party in the formal judicial action, unless the court finds that the position of the commission was substantially justified or that special circumstances make such an award unjust.

     15. The special investigator and members and staff of the commission shall maintain confidentiality with respect to all matters concerning a complaint until and if a report is filed with the commission, with the exception of communications with any person which are necessary to the investigation. The report filed with the commission resulting from a complaint acted upon under the provisions of this section shall not contain the name of the complainant or other person providing information to the investigator, if so requested in writing by the complainant or such other person. Any person who violates the confidentiality requirements imposed by this section or subsection 17 of section 105.955 required to be confidential shall be guilty of a class A misdemeanor and shall be subject to removal from or termination of employment by the commission.

     16. Any judge of the court of appeals or circuit court who ceases to hold such office by reason of his retirement and who serves as a special investigator pursuant to this section shall receive annual compensation, salary or retirement for such services at the rates of compensation provided for senior judges by subsections 1, 2 and 4 of section 476.682, RSMo. Such retired judges shall by the tenth day of each month following any month in which he provided services pursuant to this section certify to the commission and to the state courts administrator the amount of time engaged in such services by hour or fraction thereof, the dates thereof, and the expenses incurred and allowable pursuant to this section. The commission shall then issue a warrant to the state treasurer for the payment of the salary and expenses to the extent, and within limitations, provided for in this section. The state treasurer upon receipt of such warrant shall pay the same out of any appropriations made for this purpose on the last day of the month during which the warrant was received by him.

     130.046. 1. The disclosure reports required by section 130.041, for committees, including political party committees, but other than continuing committees, shall be filed at the following times and for the following periods:

     (1) Not later than the fortieth day before an election for the period closing on the forty-fifth day before the election; and

     (2) Not later than the seventh day before an election for the period closing on the twelfth day before the election; and

     (3) Not later than the thirtieth day after an election for a period closing on the twenty-fifth day after the election; except that, a successful candidate who takes office prior to the twenty-fifth day after election shall have complied with the reporting requirement of this subdivision if a disclosure report is filed by such candidate and any candidate committee under the candidate's control before such candidate takes office, and such report shall be for the period closing on the day before taking office; [and]

     (4) Not later than the twentieth day of April for the period ending the thirty-first of March for a candidate who has filed or a committee which has been formed after the thirty-first day of December of the previous year[.]; and

     (5) Not later than the fifteenth day following the close of each calendar quarter.

     2. In the case of a ballot measure to be qualified to be on the ballot by initiative petition or referendum petition, or a recall petition seeking to remove an incumbent from office, disclosure reports relating to the time for filing such petitions shall be made as follows:

     (1) In addition to the disclosure reports required to be filed before and after elections in accordance with subdivisions (1), (2), (3) and (4) of subsection 1 of this section, the treasurer of a committee, other than a continuing committee, supporting or opposing a petition effort to qualify a measure to appear on the ballot or to remove an incumbent from office shall file an initial disclosure report fifteen days after the committee begins the process of raising or spending money. After such initial report, the committee shall file quarterly disclosure reports until such time as the reports required under subdivisions (1), (2), (3) and (4) of subsection 1 of this section are to be filed. In addition the committee shall file a second disclosure report no later than the fifteenth day after the deadline date for submitting such petitions. The period covered in the initial report shall begin on the day the committee first accepted contributions or made expenditures to support or oppose the petition effort for qualification of the measure and shall close on the fifth day prior to the date of the report;

     (2) If the measure has qualified to be on the ballot in an election, and if a committee subject to the requirements of subdivision (1) of this subsection is also required to file a preelection disclosure report for that election any time within thirty days after the date on which disclosure reports are required to be filed in accordance with subdivision (1) of this subsection, the treasurer of such committee shall not be required to file the report required by subdivision (1) of this subsection, but shall include in the committee's preelection report all information which would otherwise have been required by subdivision (1) of this subsection.

     3. The treasurer of a continuing committee shall file quarterly disclosure reports pursuant to this subsection, except for any calendar quarter in which the contributions received by the continuing committee or the expenditures or contributions made by the continuing committee do not exceed one thousand dollars. The reporting dates and periods covered for such quarterly reports shall not be later than the fifteenth day of January, April, July and October for periods closing on the thirty-first day of December, the thirty-first day of March, the thirtieth day of June and the thirtieth day of September. A continuing committee shall submit additional reports if it makes an expenditure, other than a contribution to a committee, of five hundred dollars or more which is intended to or may affect the election of any candidate or any ballot measure, and such expenditure is made on or after January 1 of the calendar year in which such election occurs, within the reporting period at the following times for the following periods:

     (1) Not later than the fortieth day before an election for the period closing on the forty-fifth day before the election;

     (2) Not later than the seventh day before an election for the period closing on the twelfth day before the election;

     (3) Not later than forty-eight hours after any expenditure of five hundred dollars or more made after the twelfth day before the election; and

     (4) Not later than the thirtieth day after an election for a period closing on the twenty-fifth day after the election.

Each report by such continuing committees shall be cumulative from the date of the last report. In the case of the continuing committee's first report, the report shall be cumulative from the date of the continuing committee's organization.

     4. The reports required to be filed not later than the seventh day before an election and not later than the thirtieth day after an election and any subsequently required reports shall be cumulative so as to reflect the total receipts and disbursements of the reporting committee for the entire election campaign in question. The period covered by each disclosure report shall begin on the day after the closing date of the most recent disclosure report filed and end on the closing date for the period covered. If the committee has not previously filed a disclosure report, the period covered begins on the date the committee was formed, except that in the case of a candidate committee, the period covered begins on the date the candidate became a candidate according to the definition of the term "candidate" in section 130.011.

     5. Other provisions of this chapter to the contrary:

     (1) Certain disclosure reports pertaining to any candidate who receives nomination in a primary election and thereby seeks election in the immediately succeeding general election shall not be required in the following cases:

     (a) If there are less than fifty days between a primary election and the immediately succeeding general election, the disclosure report required to be filed not later than the fortieth day before the general election need not be filed, provided that any other report required to be filed prior to the primary election and all other reports required to be filed not later than the seventh day before the general election are filed no later than the final dates for filing such reports;

     (b) If there are less than eighty-five days between a primary election and the immediately succeeding general election, the disclosure report required to be filed not later than the thirtieth day after the primary election need not be filed, provided that any report required to be filed prior to the primary election and any other report required to be filed prior to the general election are filed no later than the final dates for filing such reports; and

     (2) No disclosure report need be filed for any reporting period if during that reporting period the committee, including a candidate committee, has neither received contributions aggregating more than one thousand dollars nor made expenditures aggregating more than one thousand dollars and has not received contributions aggregating more than two hundred fifty dollars from any single contributor [and if the committee's treasurer files under oath a statement with the appropriate officer that neither the aggregate of contributions received by the committee during that reporting period nor the aggregate expenditures made by the committee during that reporting period exceeded one thousand dollars and the committee did not receive contributions from any one person aggregating more than two hundred fifty dollars during that reporting period]. Any contributions received or expenditures made which are not reported because this statement is filed in lieu of a disclosure report must be included in the next disclosure report filed by the committee. [This statement shall not be filed in lieu of] A report shall be filed for two or more consecutive disclosure [reports] quarters if either the contributions received or expenditures made in the aggregate during those reporting periods exceed one thousand dollars and [shall not be filed in lieu of the report required to] a report shall be filed not later than the thirtieth day after an election if that report would show a deficit of more than one thousand dollars.

     6. (1) If the disclosure report required to be filed by a committee not later than the thirtieth day after an election shows a deficit of unpaid loans and other outstanding obligations in excess of five thousand dollars, semiannual supplemental disclosure reports shall be filed with the appropriate officer for each succeeding semiannual period until the deficit is reported in a disclosure report as being reduced to five thousand dollars or less, except that a supplemental semiannual report shall not be required for any semiannual period which includes the closing date for the reporting period covered in any regular disclosure report which the committee is required to file in connection with an election. The reporting dates and periods covered for semiannual reports shall be not later than the fifteenth day of January and July for periods closing on the thirty-first day of December and the thirtieth day of June.

     (2) Committees required to file reports under subsection 2 or 3 of this section, which are not otherwise required to file disclosure reports for an election, shall file semiannual reports as required by this subsection if their last required disclosure report shows a total of unpaid loans and other outstanding obligations in excess of five thousand dollars.

     7. (1) If a committee, including a candidate committee, during any calendar year, receives contributions or makes expenditures aggregating more than one thousand dollars or receives an aggregate of more than two hundred fifty dollars from any one person, an additional disclosure report shall be filed not later than the fifteenth day of January for the period closing on the preceding thirty-first day of December, except that such disclosure report shall not be required if, within sixty days prior to or following the thirty-first day of December, the committee is required to file any other disclosure report.

     (2) Committees required to file reports under subsection 2 of this section, which are not otherwise required to file reports for an election, shall file annual supplemental reports if, after filing the report required by subsection 2 of this section, the committee has additional financial activities during a calendar year in excess of the dollar amounts established by this subsection.

     8. In the case of a committee which disbands and is required to file a termination statement under the provisions of section 130.021 with the appropriate officer not later than the tenth day after the committee was dissolved, the committee treasurer shall attach to the termination statement a complete disclosure report for the period closing on the date of dissolution. A committee shall not utilize the provisions of subsection 8 of section 130.021 or the provisions of this subsection to circumvent or otherwise avoid the reporting requirements of subsection 6 or 7 of this section.

     9. Disclosure reports shall be filed with the appropriate officer not later than 5:00 p.m. prevailing local time of the day designated for the filing of the report, and a report postmarked not later than midnight of the day previous to the day designated for filing the report shall be deemed to have been filed in a timely manner. The appropriate officer may establish a policy whereby disclosure reports may be filed by facsimile transmission.