S0476.02I

SB 16 - This act revises various provisions dealing with the Missouri Ethics Commission and campaign finance laws.

ETHICS COMMISSION. The complaint process would be under greater discretion of the Ethics Commission. Complaints alleging violations involving lobbyists, financial interest disclosure requirements, campaign finance disclosure requirements, state agency codes of conduct, conflict of interest laws or the constitution, laws or rules by public officials and employees shall be under the investigatory authority of the Commission, which the commission may investigate confidentially, or may assign to a special investigator for formal investigation. Currently, complaints alleging a conflict of interest or violation of the constitution, laws or rules by public officials or employees are required to be subject to such formal investigation, and other complaints are subject to confidential investigation by the Ethics Commission, with the option of assigning it to a special investigator.

The Ethics Commission is given the authority to issue public letters of reprimand in situations where criminal prosecution is not appropriate.

Complaints against lobbyists, elected or appointed officials or employees for violations of conflict-of- interest or lobbying provisions are currently filed with the Attorney General. This act requires such complaints to be filed with the Ethics Commission.

CAMPAIGN FINANCE DISCLOSURE REQUIREMENTS. Currently, out of state committees are not required to file financial statements of organization in Missouri if their contributions from persons in Missouri do not exceed 20% of all funds received, or if all contributions and expenditures made in Missouri on ballot and candidates do not exceed $5,000. This act changes the $5,000 amount to $1,000.

Non-candidate committees must disclose the identity of the employer of all contributors from whom they receive contributions totalling more than $25.

The maximum amount allowed for the filing of exemption statements is changed from $1,000 to $4,000.

CAMPAIGN FINANCE FILING REQUIREMENTS. Continuing Committees must file at same time as other committees, (7 days before the election, 30 days after the election and April 20) under this act. This act removes the 40- day before the election filing requirement.

Filing requirements for financial interest statements are changed to require filing prior to being certified as a candidate, rather within 45 days after the last day of filing, as currently required. If the candidate fails to file, the candidate shall not be certified.

REPEALS COMMITTEE AND COMMISSION. This act repeals the Governor's Ethics Committee which is charged with developing a code of conduct for state employees, and repeals the bipartisan Commission on Fair Elections, adopted under Proposition A in 1994.

REPEALS UNCONSTITUTIONAL SECTIONS. Recent judicial decisions have struck down the following sections and subsections of Missouri law, which are repealed in this act:

Section 130.031.12 (Printed matter to be approved by candidate),

Section 130.032.4 (Prohibits Campaign Contributions During Session),

Section 130.052 (Voluntary Expenditure Limits),

Section 130.053 (Surcharge for Failure to Comply with Expenditure Limits),

Section 130.100 (Contribution Limits - $100, 200, 300) Section 130.130 (Spend-down - $1,000, 2,000, 3,000)

MARGARET TOALSON