SCS/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. No such letter of reprimand shall be issued to a candidate during the period from sixty days before the primary election to after the general election.

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.

The Ethics Commission shall print all laws it enforces in plain English.

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. In-state committees also must disclose contributions from out-of-state committees of $1,000.

Non-candidate committees must exercise due diligence in attempting to disclose the identity of the employer or occupation of all contributors from whom they receive contributions totalling more than $100. Current section 130.120, RSMo Supp. 1996, which sets the threshold for reporting at $25, is repealed.

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

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

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.

A financial interest statement shall be filed within 30 days after the candidate filing deadline, rather within 45 days after such deadline, as currently required.

Additional reports are required by continuing committees for independent expenditures, similar to that which already is required for certain individuals.

Candidate spend-down provisions are repealed. Candidate contribution limits shall terminate on 12/31/98.

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 130.120 (Disclosure of Contributor Information) Section 130.130 (Spend-down - $1,000, 2,000, 3,000)

MARGARET J. TOALSON