Missouri Senate

House Committee Substitute

JOINT COMMITTEE ON BALLOT STATEMENTS (21.860, 116.160, 116.180, 116.190, 116.240, 116.334)

The joint committee on ballot statements is established to approve summary statements for ballot initiatives, a task that is currently performed by the Secretary of State. The committee shall be composed of 9 members, appointed by the Governor, president pro tem of the Senate, and the speaker of the House of Representatives.

STATEWIDE ELECTED OFFICIAL VACANCIES (26.016, 27.015, 28.190, 29.280, 30.060, 30.080, 105.030, 105.040, 105.050)

Currently, the Governor has statutory authority to fill vacancies until successors are elected for the office of United States Senator; various state and county offices filled by election; circuit attorney, prosecuting attorney, and assistant prosecuting attorney offices; and all statewide offices excluding Lieutenant Governor. This act requires the Governor to fill all vacated statewide offices and the office of United States Senator by special election for the remainder of each respective term.

In the case of vacancies for Lieutenant Governor, Secretary of State, and Treasurer, the Governor shall take charge of the vacated office and superintend business until the successor is elected by special election. In the case of a vacancy in the office of Auditor and Attorney General, the Governor shall appoint an acting Auditor and Attorney General who shall take charge of the vacated office and superintend business until the successor is elected by special election.

If the Lieutenant Governor, Attorney General, Auditor, or Treasurer are impeached, such individuals shall be suspended until the impeachment is determined. If convicted, the Governor shall fill the vacancy by special election. Currently, in the case of the impeachment of the Secretary of State, the office shall be filled by appointment until impeachment is determined. If convicted, the Governor shall then fill the vacancy by special election.

PUBLIC CONTRACTS AND BIDDING (34.047, 37.900, 67.314, Section 2)

The Commissioner of Administration shall give priority to Missouri resident corporations, Missouri minority businesses, disabled veteran businesses, and cost savings measures such as data repositories and "Go Green" programs in its competitive bid processes. The act requires all bids administered by the office of administration to be subject to a competitive bid process.

Statewide elected officials may request the Office of Administration to determine the lowest and best bidder with respect to purchasing, printing, and services expenditures for which the official has the authority to contract. Upon such request, the Office of Administration shall have 45 days to respond by naming the lowest and best bid.

This act creates the "Political Subdivision Construction Bidding Standards Act". Except for certain violations, this act does not apply to political subdivisions that have adopted specific state or local competitive bidding requirements or that are subject to a bidding process under state law or federal funding requirements. If a political subdivision is not so covered, it shall comply with the advertising and bidding requirements outlined in this act when soliciting bids and awarding contracts of $10,000 or more.

Contract for construction shall be advertised in advance of the acceptance of bids. If no other federal, state or local requirement exists, bids shall be advertised once a week for two consecutive weeks in a newspaper of general circulation in a county within the political subdivision with the last advertisement to run not less than ten days before the advertised acceptance date for bids. Additional advertising is required when the contract exceeds $250,000. Ads and solicitations must include the submission deadline; the place to submit bids; and the time, date, and location of where the bids shall be opened.

Unless otherwise specified by law, a contract shall be awarded to the lowest qualified responsible bidder. However, the political subdivision may reject the low bidder based on the bidder's failure to provide a performance or payment bond, nonperformance on previous contracts, or other reasons specified as to the bidder's inability to adequately perform the contract. Notice shall be given to a rejected bidder supplying the reasons for rejection within five business days.

An established local construction procurement policy shall be sufficient if it provides for advertising in a newspaper of general circulation and advertises the contract in a manner reasonably likely to inform potential bidders of the time, place, bid standards, pre-qualifications, and other project-specific requirements.

Under no circumstances shall construction contracts for any political subdivision be awarded in violation of certain requirements, including opening bids in advance of the advertising deadline, accepting bids that are unwritten, accepting bids after the advertised deadline, and failing to hold bids confidential. Contracts shall not be awarded if such act would be in violation of state statute or an established local construction procurement policy.

Electronic bidding shall be allowed if it contains standards comparable with those outlined in this act.

Those harmed by a violation of this act may seek equitable relief, monetary damages, and attorney's fees.

Nothing in this section shall require acceptance of a bid which exceeds the amount estimated by the political subdivision for the contract. Also, political subdivisions may award contracts without competitive bidding when there is an immediate public danger, to prevent loss to property, or to prevent or restore essential public services.

In any contract for purchases not subject to competitive bid processes, the office of administration shall not prevent any department, office, board, commission, bureau, institution, political subdivision, or any other agency of the state from purchasing supplies from an authorized General Services Administration vendor.

PUBLIC OFFICIAL DRUG TESTING (105.009)

Before taking office and every 2 years thereafter, statewide elected officials, department directors, and certain executive and legislative staff shall submit to drug tests.

CONFLICTS OF INTEREST (105.456, 105.459, 105.463, 130.031)

A Governor or Governor's agent is guilty of the crime of bribery of a public servant if he or she makes offers or promises to confer appointments to legislators in exchange for the member's official vote. Those who agree to such appointments are guilty of the crime of acceding to corruption.

Members of the General Assembly are barred from lobbying and political consulting for 2 years after serving as a legislator.

Public officials who are found guilty of a felony shall forfeit all benefits provided by the state or political subdivision.

Appointees of the Governor, speaker of the House and Senate pro tem shall have their political contributions, from the 4 years prior to appointment, publicly disclosed.

Members of the General Assembly shall not be gubernatorial appointees until one year after the last session in which they served.

Statewide office holders shall not solicit or accept contributions from appointees.

LOBBYISTS (105.470, 105.473, 105.479)

The act redefines "elected local government official lobbyist" as one who is employed for the exclusive purpose of attempting to influence certain actions instead of those employed specifically for those same purposes.

Honorarium in recognition of legislative service shall not be considered expenditures for the purposes of lobbyist reports.

The act redefines "legislative lobbyist" as one who attempts to influence any elected official other than an elected official in that person's district.

Lobbyists who knowingly omit, conceal, or falsify information in expenditure reports is guilty of a class D felony. The act removes a provision requiring the ethics commission to provide lobbyist reports to certain public officials.

Statewide elected officials and legislators shall not accept more than $2,500 in expenditures per year from lobbyists.

ETHICS COMMISSION (105.961, 105.963, 105.966)

Currently, within 120 days of receipt of a complaint, the special investigator submits a report to the commission. This act changes that threshold to 90 days.

The late filing fee for filing campaign disclosure reports and statements of limited activity are increased from $10 to $50 per day not to exceed $3,000. The executive director is allowed to send notice by other means than registered mail within 7 days of failure to file.

Lobbyists required to file expenditure reports, individuals required to file financial disclosure reports, and candidates and committees required to file disclosure statements may appeal late fee assessments in the same manner with the commission.

The act removes a provision allowing extra time for investigations when they are assigned to a retired judge and a provision allowing the commission to file a petition to seek extra time.

ELECTIONS (115.156, 115.276, 115.278, 115.279, 115.281, 115.287, 115.291, 115.292, 115.427)

The Secretary of State shall establish procedures for overseas voters to request and send voter registration applications and absentee ballot applications by mail and electronically. Overseas voters include absent uniformed services voters, persons residing outside the United States who are qualified to vote in their previous domicile before leaving, those residing outside the United States who would otherwise be qualified to vote in their previous domicile, and persons in federal service.

The Secretary of State shall print and make available a sufficient quantity of absentee ballots, ballot envelopes, and mailing envelopes for such voters.

Absent uniformed services and overseas voters are excused from being required to deliver an affidavit sworn to before the election official receiving the ballot, notary public, or another authorized to administer oaths with the absentee ballot.

Election authorities are barred from refusing valid marked absentee ballots submitted by absent uniformed services and overseas voters solely on the basis of restrictions on envelope type.

The Secretary of State in coordination with the local election jurisdictions shall develop a free access system by which an absent uniformed services and overseas voter may determine whether his or her ballot has been received.

This act removes the requirement that voters must make a statement by federal postcard, letter, or on a form prepared by the local election authority to qualify for a special write-in absentee ballot due to serving in the military or isolation. The special write-in absentee ballot shall be used in place of the Federal write-in absentee ballot in general, special, and primary elections for federal office.

This act establishes a system for advance voting in elections in which presidential and vice presidential electors, United States Senator, and statewide elected officials are on the ballot. The advance voting period shall begin on the second Saturday before the election and end on the Wednesday before the election. Absentee ballots shall be used during the advance voting period.

Costs associated with advance voting shall be reimbursed from the general revenue unless there is no appropriation of state funds. In such an instance, the election authority shall not conduct advance voting.

The act establishes identification requirements for voting. Voters shall produce a nonexpired Missouri driver’s license; a nonexpired or nonexpiring Missouri nondriver’s license; any identification containing a photograph issued by the Missouri National Guard, the United States armed forces, or the United States Department of Veterans Affairs; or a document issued by the United States or the state of Missouri containing the name of the voter which substantially conforms to the most recent signature in the individual’s voter registration records, a photograph, and an expiration date or if expired, the expiration is after the date of the most recent general election.

Those appearing without identification who are unable to obtain one because of a physical or mental disability, an inability to pay for a document necessary to obtain the required identification, a religious belief against forms of identification or the voter was born before January 1, 1941, shall be allowed to vote a provisional ballot provided the election authority can verify the identity of the individual by comparing the individual’s signature to the signature on file with the election authority.

All voters whose identity cannot be established are allowed to cast a provisional ballot which shall not be counted unless the voter returns and provides proper identification.

All costs incurred by the election authority associated with implementing the new identification requirements shall be reimbursed from the general revenue upon appropriation.

The secretary of state shall provide advance notice of the identification requirements to be included in the election authorities elections notices.

The state shall provide at least one form of identification required to vote at not cost to the voter.

The overseas voter, photo identification, and advance voting sections are contingent on the passage of a constitutional amendment establishing advance voting, photo identification, and voter registration requirements.

POLITICAL COMMITTEES (130.011, 130.021, 130.031, Section 1)

The act allows continuing committees to be formed, controlled, and directed by a candidate.

Continuing committees are required to file a statements of organization no later than 60 days prior to the election for which the committee receives contributions or makes expenditures and no later than 30 days for all other committees. This change will require continuing committees to report the name of the candidate or ballot issue supported or opposed at the time they file the statement of organization.

Persons may not form a new committee or act as treasurer or deputy treasurer of a committee until all previous campaign disclosure reports and statements of limited activity are current and outstanding fees are paid.

Treasurers shall not transfer funds to another committee with the intent to conceal the identity of the source of the funds.

Gifts and contributions to candidate committees and state political party committees that make expenditures on behalf of a statewide office holder, an executive department director, employee, or any state agency are banned for donors who have certain beneficial contracts or requests pending before a public body. Statewide office holders shall not solicit contributions from such entities.

All committees are required to file reports in electronic form.

If a candidate committee fails to settle debts within 18 months of termination, the debt shall be transferred to the candidate. Failure to repay the debt shall be a class D felony.

CONTRIBUTION LIMITS (130.032)

Contribution limits for candidates for statewide office, elected judicial office, political subdivision office, or special district position are capped at $20,000 in any one election.

FEE OFFICES (130.055)

The director of revenue shall award fee office contracts to county or city collectors or treasurers or their agents. Funds collected may be used by the county in which the funds are collected.

CRIMES AGAINST THE ADMINISTRATION OF JUSTICE (575.021)

The act creates the crime of obstruction of an ethics investigation if one knowingly bribes a person in exchange for withholding information, knowingly accepts such a bribe for withholding the information, knowingly makes a false statement to a member or employee of the Ethics Commission.

LABOR RELATIONS (Section 3, Section 4)

Individuals shall have the right to vote by secret ballot where state or federal law requires elections or designations or authorizations of employee representation.

Members of labor organizations may prevent their dues from being used for political purposes.

COMMISSION FOR THE DEFENSE OF THE NATURAL AND CONSTITUTIONAL RIGHTS(Section 5)

The Commission for the Defense of the Natural and Constitutional Rights is established consisting of the Governor, Lieutenant Governor, Attorney General, Speaker of the House of Representatives and the President Pro Tem of the Senate. The commission shall act on behalf of the state by instituting any proceeding to protect the natural or constitutional rights of Missouri residents.

REFERENDA (Section 6)

Political subdivisions shall not conduct advisory referenda if it does not have the force and effect of law.

This act is similar to SB 253 (2009), HB 681 (2009), HB 1497 (2010), SB 729 (2010), SS/SCS/HB 1290 (2010), HB 2218 (2010), HCS/SS/SCS/SB 580 (2010),SB 1014 (2006), SB 859 (2006), SB 37 (2007), SB 1251 (2008), SB 523 (2009), SB 21 (2009), SB 651 (2010), SB 845 (2010), SB 434 (2009), SB 882 (2010), SB 648 (2010), HB 1322 (2010), HB 1326 (2010), HB 1337 (2010), HB 1727 (2010), HB 1846 (2010), HB 2039 (2010), and HB 2300 (2010), and HB 1524 (2010).

CHRIS HOGERTY