SB 147 Modifies the law relating to the ethical behavior of public officials and lobbyists
Sponsor: Schaaf
LR Number: 0569S.04I Fiscal Notes
Committee: Rules, Joint Rules, Resolutions and Ethics
Last Action: 1/22/2015 - Second Read and Referred S Rules, Joint Rules, Resolutions and Ethics Committee Journal Page: S173
Title: Calendar Position:
Effective Date: August 28, 2015

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Current Bill Summary


SB 147 - This act bars members of the General Assembly to act as paid political consultants until one year after the expiration of the term of office for which the member was elected.

A two year cooling off period is imposed for members of the General Assembly before they may become lobbyists.

The act modifies the definition of "elected local government official lobbyist" to include individuals who are employed specifically for the purpose of attempting to influence an action by an elected school district official.

The act prohibits members of the General Assembly from serving as a compensated elected local government lobbyist.

The act modifies the definition of "public official" to include any superintendent of a school district or school board members.

The act permits members of the General Assembly to act as a lobbyist immediately upon vacating their position if done so without compensation and for the benefit of religious or charitable associations organized under Chapter 352.

The act prohibits any member of the General Assembly, the Governor, Lt. Governor, Attorney General, Secretary of State, State Treasurer, or State Auditor from soliciting any registered lobbyist for any position with a hiring date beginning after such person is no longer an elected official.

The act prohibits any individual or business entity from soliciting a member of the General Assembly to become employed as a legislative lobbyist.

The act prohibits the Governor or any person acting on behalf of the Governor to offer or promise to confer an appointment to any board, commission, committee, council, county office, department directorship, fee office, judgeship, or any other position, to any member of the General Assembly in exchange for the member's official vote on a public matter.

The act makes it a crime of acceding to corruption for a member of the General Assembly to accept an appointed position from the Governor in exchange for a vote on a public matter.

The act prohibits the Governor, Lieutenant. Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, state senator, or state representative from accepting any tangible or intangible item, service, or thing of value from any lobbyist not including informational material or campaign contributions.

The act modifies the exceptions to "expenditures" to include any item, service or thing of value transferred to any person within the third degree of affinity of the transferor which is unrelated to any activity of the transferor as a lobbyist.

The act stipulates that lobbyists are required to report all entities they represent to the third degree even if they are not directly compensated by such entities.

The act establishes that any person who engages in lobbying activities and knowingly fails to register as a lobbyist is guilty of a class B misdemeanor for the first violation and a Class E felony for subsequent violations.

The act requires all political officers to complete four hours of ethics training within 120 days after taking office, appointment, or employment. Such training must additionally be completed once every two years. Failure to complete such training results in a notice of noncompliance from the Missouri Ethics Commission. Failure to complete training within 30 days of such notice results in such political officer not receiving compensation until in compliance with the law. A political officer includes the Governor, Lt. Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, and any member of the General Assembly; and the principal administrative or deputy officers or assistants serving the Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Auditor and Attorney General.

Currently, obstruction of an ethics investigation is punishable as a Class A misdemeanor. This act changes that to a class E felony.

This act is similar to SB 11 (2015), HB 188 (2015), SB 488 (2014), SB 966 (2014), HB 1378 (2014), and SB 4 (2013).

SCOTT SVAGERA