To repeal section 105.470, RSMo 1994, relating to the regulation of lobbying, and to enact one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 105.470, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 105.470, to read as follows: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;

     (3) "Honorarium" includes any payment of money or anything of value for an appearance, speech, article or any other purpose which does not constitute compensation or a fee for services rendered; honorarium does not include any actual and necessary expenses incurred in making an appearance or speech or in writing an article;

     (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. Lobbyists and lobbyist principals shall not provide admission to sporting events which occur outside the state.

     6. No lobbyist or lobbyist principal shall offer an honorarium to a public official and no public official shall knowingly accept an honorarium from a lobbyist or lobbyist principal.

     [6.] 7. 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.] 8. 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.] 9. 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.] 10. No lobbyist shall knowingly omit, conceal, or falsify in any manner information required pursuant to this section.

     [10.] 11. 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.] 12. 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.] 13. 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.