SS#2/SCS/SB 11 - This act bars members of the General Assembly to act as paid political consultants for a candidate for state representative or state senator, or the candidate committee of such candidate or officeholder.
A two year cooling off period prior to becoming a lobbyist is imposed on members of the General Assembly who begin their first term in January 2017.
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 modifies the definition of "public official" to include any superintendent of a school district or school board members.
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 specifies that lobbyists are required to report expenditures made on behalf of all public officials as that term is defined in statute.
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.
Expenditures are only allowed to be reported as a group for all senators, all representatives, caucuses, and all statewide officials when attendees are invited at least 48 hours in advance. Staff and employees of the General Assembly or statewide officials may be included as part of these groups. Such reporting can no longer be made for joint and standing committees. Furthermore, expenditures that are reported as a group do not need to be separately reported as an expenditure made on behalf of an individual official, if applicable.
Under current law, lobbyist expenditures for out of state travel and lodging for members of the General Assembly must be approved by the administration committees in the House and Senate. This act bars such expenditures and also bars expenditures for food, beverage and entertainment when it occurs outside of the state. However, the act permits non-profit organizations to make expenditures for travel and lodging expenses for members of the General Assembly or such member's staff, employees, spouse, or dependent children under certain circumstances.
The act requires all political officers to complete one hour of ethics training within 120 days after taking office, appointment, or employment. Such persons are additionally required to complete ethics training whenever he or she takes a new political office. 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.
This act is similar to SB 488 (2014), SB 966 (2014), and SB 4 (2013).
HA #1 - THIS AMENDMENT INCLUDES THE STATE AUDITOR IN THE DEFINITION OF "POLITICAL OFFICERS."
HA #2 - THIS AMENDMENT MODIFIES THE DEFINITION OF EXPENDITURE TO EXCLUDE THE FOLLOWING:
• A PLAQUE OR OTHER FORM OF RECOGNITION SIMILAR TO A PLAQUE GIVEN TO A PUBLIC OFFICIAL OR A STAFF MEMBER OR EMPLOYEE OF A PUBLIC OFFICIAL TO SIGNIFY THE HONORARY RECOGNITION OF A SERVICE OR OTHER NOTABLE ACCOMPLISHMENT;
• AMOUNTS PAID OR INCURRED FOR ENTRANCE FEES, LODGING, FOOD AND BEVERAGE, ENTERTAINMENT, TRAVEL, AND OTHER EXPENSES FOR A PUBLIC OFFICIAL'S OR A STAFF MEMBER OR EMPLOYEE OF A PUBLIC OFFICIAL'S ATTENDANCE AT AN EVENT, COMMITTEE, MEETING, CONFERENCE, OR SEMINAR WITHIN MISSOURI; AND
• ANY FOOD, BEVERAGE, OR OTHER ITEM THAT IS VALUED AT AN AMOUNT OF LESS THAN $5.
THE AMENDMENT ALSO MODIFIES THE GROUP REPORTING REQUIREMENTS FOR CAUCUSES SO THAT STAFF AND EMPLOYEES UNDER THE DIRECT SUPERVISION OF A CAUCUS, OR MAJORITY PARTY, OR MINORITY PARTY MAY BE INCLUDED AS PART OF SUCH GROUPS.
THE AMENDMENT REMOVES THE PROHIBITION OF EXPENDITURES MADE ON BEHALF OF A STATE SENATOR, STATE REPRESENTATIVE, OR SUCH OFFICIAL'S STAFF, EMPLOYEES, SPOUSE, OR DEPENDENT CHILDREN FOR TRAVEL OR LODGING OUTSIDE MISSOURI. FURTHER, THE AMENDMENT PROHIBITS ANY LOBBYIST FROM KNOWINGLY OR WILLFULLY MAKING A SINGLE EXPENDITURE OVER THE AMOUNT OF $25 TO ANY PUBLIC OFFICIAL OR SUCH OFFICIAL'S STAFF, EMPLOYEES, SPOUSE, OR DEPENDENT CHILDREN.
HA #3 - THE AMENDMENT MODIFIES THE DEFINITION OF BUSINESS ENTITY TO INCLUDE LIMITED LIABILITY COMPANIES.
THE AMENDMENT IMPOSES A ONE YEAR COOLING OFF PERIOD PRIOR TO BECOMING A LOBBYIST FOR MEMBERS OF THE GENERAL ASSEMBLY AND STATEWIDE ELECTED OFFICIALS.
THE DEFINITION OF PAID POLITICAL CONSULTANT IS CHANGED TO INCLUDE INDIVIDUALS WHO ARE EMPLOYED BY A PERSON, BUSINESS, CORPORATION, OR ORGANIZATION AND IN THE EMPLOYEE'S REGULAR COURSE OF EMPLOYMENT, THE EMPLOYEE RECEIVES COMPENSATION TO PROMOTE THE ELECTION OF A CERTAIN CANDIDATE OR THE INTEREST OF AN ORGANIZATION OR COMMITTEE. THE AMENDMENT MODIFIES REPORTING REQUIREMENTS FOR PERSONS REQUIRED TO FILE FINANCIAL INTEREST STATEMENTS SO THAT CERTAIN INDIVIDUALS ARE REQUIRED TO FILE SUCH A STATEMENT TWICE A YEAR.
HA #4 - THIS AMENDMENT MODIFIES THE DEFINITION OF "PUBLIC OFFICIAL" TO INCLUDE ANY CITY MANAGER, CITY ADMINISTRATOR, OR LOCAL GOVERNMENT OFFICIAL ELECTED IN A COUNTY, CITY, TOWN, VILLAGE, OR SCHOOL DISTRICT.