HS/HCS/SCS/SB 16 - This act revises the lobbying, conflict of interest and campaign reporting statutes.

LOBBYING AND CONFLICT OF INTEREST - The act removes a requirement that university boards of regents or board of curators file financial disclosure statements and requires that each president/chancellor file a disclosure statement.

The definition of expenditure for the purpose of reporting lobbying activity is modified to exclude items of little value offered to the general public, items provided to a public official which may be necessary to the performance of an official duty, including making a public presentation and participation in a ceremonial event.

Lobbying reporting requirements have been removed from section 105.470 and placed in section 105.473 with changes:

- Individuals lobbying the judiciary must register as lobbyists;

- All lobbyists must file reports regardless of the amount of any expenditures (current law allows lobbyists to file a statement of limited activity if their expenditures total less than $50 in the aggregate);

- The civil penalty for employing a person to act as a lobbyist when the person is not registered as a lobbyist is raised from $5,000 to $10,000;

- Currently lobbyists convicted of violating lobbyist reporting requirements cannot lobby for two years. This act removes that limitation;

- The Commission must file a report on the 25th of every month to members and members-elect of the General Assembly judges and judicial officers and any other persons holding elective state office. No public access until 30 days after providing such reports;

- Each lobbyist must file a statement on March 15 and May 30 identifying legislative, executive and judicial actions which the lobbyist supported or opposed;

- Public employees cannot lobby for any other principal and cannot spend money from any other source to influence government;

The Missouri Ethics Commission shall accept reports electronically by January 1, 1998 and information shall be available via INTERNET by January 1, 1999. Information is to be made available to the public to the maximum extent possible. The executive secretary will be called the executive director and the director shall employ such staff, including legal staff to represent the commission. No signatures are required to obtain public documents published by the Ethics Commission on the Internet.

Candidates for office who fail to file a financial disclosure statement within 25 days of the last day for filing for office will have their names removed from the ballot. Currently, candidates have 55 days to file that report before their names are removed form the ballot.

The Ethics Commission is given the authority to investigate complaints. When a special prosecutor is appointed, the court shall order reasonable attorney fees which shall be paid in accordance with rules promulgated by the State Courts Administrator out of funds appropriated of the Office of Administration for that purpose.

When the Commission finds that there is cause to believe that a violation which is not a criminal violation has occurred, and the responsible person is a public official or employee, that person may appeal to the Administrative Hearing Commission. If by a vote of 4 members the Ethics Commission determines that action other than criminal prosecution would be appropriate, the Commission shall:

- Notify the person to stop a violation, with the ability to seek judicial enforcement;

- Notify the person of the requirement to file, amend or correct any report or other document;

- File the report to be maintained as a public document;

- Issue a letter of reprimand, to be maintained as a public document; or

- Issue a letter stating that no further action shall be taken, to be maintained as a public document.

The executive director may notify candidates and their committees by certified mail, or other means to give actual notice, when a committee has failed to file a campaign report. The Ethics Commission may contract to collect late filing fees from those who are delinquent for more than 30 days.

The Attorney General shall represent the Ethics Commission in all State, Federal Appellate or Supreme Courts.

CAMPAIGN REPORTING - Local governments are prohibited from expending public funds on behalf of a ballot measure. This act extends that prohibition to include the state.

Under current law, there is a reporting exemption for individuals and committees that do not receive more than $1,000 in a year. This act lowers the reporting threshold to receipts and expenditures of more than $500 for candidates for statewide offices, partisan judicial offices, the General Assembly, or municipal offices in cities with a population of more than 100,000. It would remain $1,000 for candidates for nonpartisan judicial offices, political party offices, county offices and offices in municipalities with a population of less than 100,000. The act specifies that aggregate expenditures of $500 or more made by a continuing committee shall be reported.

A candidate or a continuing committee (PAC) cannot be formed later than 30 days before the election for which it accepts contributions or makes expenditures. Potential candidates may for exploratory committees but such committees shall terminate no later than December thirty-first of the year before general elections for the office under consideration.

Disclosure reports are required to be filed by in-state committees receiving $1,000 or more from out of state committees.

The act limits contributions to candidates for judicial offices in the same manner and same amounts as set in current law for candidates or other offices.

The committee of a candidate or office holder who dies may make an unconditional gift of moneys held by the committee to the family of the candidate or officer holder.

A candidate may form a debt service committee, subject to termination when contributions received exceeds the amount of the debt.

All committees are required to file quarterly disclosure reports and the candidate committee report due 40 days before the election has been eliminated. A committee formed to support or oppose a ballot measure must file its initial disclosure report within 15 days after it accepts contributions or makes expenditures. If the committee is gathering signatures for a petition it shall file a disclosure report not later than 15 days after the submission of the petition. All committee reports must be cumulative for any given election.

Expenditures associated with campaign materials which cost more than $2,000, prepared for internal dissemination to members or employees, must be reported.

An out-of-state committee which is not required to file a statement of organization in Missouri must file a report at least 14 days before making a contribution or expenditure in Missouri and no contribution or expenditure may be made after 30 days before an election. In-state committees also must disclose contributions from out-of-state committees of $1,000.

The act repeals:

- A provision of SB 650 which required that candidates approve of printed and broadcast material (ruled unconstitutional by a 8th U.S. District Court of Appeals decision);

- Limitations on campaign expenditures contained in SB 650 (ruled unconstitutional by a 8th U.S. District Court of Appeals decision);

- Contribution limits and spend-down requirements from Proposition A (ruled unconstitutional by a 8th U.S. District Court of Appeals decision).

This act is similar to HS/HCS/HB 495 (1997).

DAVID VALENTINE/MARGARET TOALSON