CCS/SS/HB 412 - This act modifies provisions regarding lobbyist reporting requirements and campaign finance disclosure for public officials.

This act requires every Governor-elect and members of the General Assembly to form inaugural committees to receive and accept contributions for inaugural activities. The Committees will be subject to all campaign finance reporting requirements, obligations and contribution limits. No expenditure of public funds will be made in support of the inaugural activities prior to the formation of the committees and the expenditure of public funds will not be subject to the campaign contribution limits. Any funds remaining after all inaugural expenses have been paid will escheat to the state.

General Assembly office committees are required to be formed by candidates for certain leadership positions in the Missouri House of Representatives and the Missouri Senate. The appropriate officer for the filing of required reports shall be the Missouri Ethics Commission. Contribution limits for candidates for President Pro Tem of the Senate, Speaker of the House and Speaker Pro Tem of the House shall correspond to limits for statewide office candidates. General Assembly office committees are prohibited from making contributions to the candidate committee of a candidate who controls the general assembly office committee. The definition of "public office" excludes the offices of president pro tem of the Missouri Senate, Speaker of the Missouri House of Representatives, and Speaker pro tem of the Missouri House of Representatives.

Reports of lobbyist activities are due no later than January 5th of each year or within five days after beginning activities as a lobbyist. Lobbyists are no longer required to make reports to the Missouri Ethics Commission on proposed legislation or action by the executive branch or judicial branch which the lobbyist or lobbyist principal supported or opposed. Financial interest statements are required to be filed electronically under the penalty of perjury in a form prescribed by the Commission. Certain candidates for elective office are required to file financial interest statements no later than March 31st or within 10 days of filing for office, whichever is later for the preceding calendar year. Candidates for election in April shall file such statements by January 31st for the preceding calendar year. Candidates nominated by political caucus shall file such statements within 10 days of nomination.

The Commission is required to provide notice, not actual notice, of certain actions to the subject of a complaint filed with the Commission. Notice requirements are also modified regarding the assessment of late fees by the Commission.

Contribution limits for single contributors to candidates are modified to correspond to limits for various elective offices and to allow for periodic increases based on the Consumer Price Index. Currently, the appropriate officer for the filing of required reports is both the Missouri Ethics Commission and an appropriate election authority. This act provides that the sole officer for filing of reports for certain candidates and ballot measures shall be the Missouri Ethics Commission.

The act reorganizes sections of law concerning reporting requirements for out-of-state committees and reporting requirements for candidates nominated by political party committees.

Currently, continuing committees are required to file electronic reports if the committee makes contributions of more than $15,000. This act changes the amount to $5,000 and includes political party committees and campaign committees within this requirement. Beginning on a date established by the Commission, but no later than January 1, 2005, candidates for state representative and state senate shall file campaign disclosure reports in electronic format.

The act modifies a provision regarding the maintenance of records of receipts and expenditures by committees subject to campaign finance disclosure law, to provide that such records shall be available for inspection by the Missouri Ethics Commission. Currently, such records must be available for review by the campaign finance review board.

Employees of the Missouri Ethics Commission are prohibited, during the period of employment, from having any financial interest in a business entity that derives part of its income from a political party, candidate or campaign committee or from making any contribution to a candidate or campaign committee. The Commission shall not hire a person who has been employed by a political party, candidate or campaign committee during the one- year period prior to beginning employment with the Commission.

The act requires a circuit court to issue subpoenas only after a contested case has been filed. The subpoenas shall be sealed until such time as the matter is referred to a prosecuting attorney. The discovery process in such contested cases is limited to information reasonably calculated to lead to admissible evidence regarding the subject matter of the complaint.

In cases that challenge the Commission's assessment of a late filing fee for electronic filings, the Commission bears the burden of proving that the electronic filing system was operable at the time the filing was required to be made.

This act is similar to SCS/SB 434 (2003).
JIM ERTLE