SB 826 Modifies the law relating to ethics
Sponsor: Crowell
LR Number: 5947S.01I Fiscal Note not available
Committee: Rules, Joint Rules, Resolutions and Ethics
Last Action: 2/23/2012 - Second Read and Referred S Rules, Joint Rules, Resolutions and Ethics Committee Journal Page: S330
Title: Calendar Position:
Effective Date: August 28, 2012

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Current Bill Summary


SB 826 - This act modifies the law relating to ethics.

SECTION 105.456

A statewide elected official is guilty of the crime of bribery of a public servant if he or she makes offers or promises to confer paid employment to any other statewide elected official in exchange for the legislator's official vote. Those who agree to such an arrangement are guilty of the crime of acceding to corruption.

SECTION 105.463

Nominees for gubernatorial appointments to a board or commission requiring Senate confirmation shall file a financial interest statement and shall request a list of political contributions from the Ethics Commission. The nominee shall deliver the information to the Senate pro tem prior to confirmation.

SECTION 105.473

Lobbyists who knowingly omit, conceal, or falsify information in expenditure reports are guilty of a Class A misdemeanor. Lobbyists are required to report expenditures when all members of certain bodies (such as the Senate) are invited in writing. This act stipulates that those bodies may or may not include staff. Statewide officials are included.

SECTIONS 105.955, 105.957, 105.959, 105.961

With a unanimous vote of the Ethics Commission, the executive director may conduct an independent investigation of an ethics violation without a complaint if there are reasonable grounds to believe that a violation has occurred. The commission shall notify the person under investigation and assign a special investigator. The investigations of the executive director are confidential and the revealing of such information shall be cause for removal or dismissal. Investigations failing to establish reasonable grounds to believe a violation has occurred shall be terminated.

SECTION 105.961

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.

Determinations that violations have occurred, other than referrals for criminal prosecution, may be appealed de novo to the Circuit Court of Cole County instead of the Administrative Hearing Commission.

SECTION 105.963

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 allows the commission to collect unpaid fees through garnishment and other means.

SECTION 105.966

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.

SECTION 115.364

Party nominating committees are barred from nominating a disqualified candidate to the office he or she was disqualified from in either the primary or general elections.

SECTION 130.011

This act redefines committees for the purposes of campaign finance. Political party committees are redefined to only include one congressional district committee for each congressional district in the state, and one state party committee. Legislative and senatorial district committees are abolished. Continuing committees are redefined as political action committees which are all committees other than a candidate committee, political party committee, campaign committee, exploratory committee, or debt service committee and can carry out the same functions as continuing committees under current law.

SECTION 130.021

Treasurers and deputy treasurers are no longer required to be residents of the county or district in which their committee sits.

Persons shall not form a new committee or serve as a deputy treasurer of a committee until all disclosure reports and statements of limited activity are filed and all fees paid.

SECTION 130.031

Political action committees shall only receive contributions from individuals, corporations, unions, and federal political action committees. They shall be barred from receiving contributions from all other committees. Candidate committees, political party committees, campaign committees, exploratory committees, political party committees, campaign committees, exploratory committees, and debt service committees shall be allowed to return a contribution to a donor political action committee that is the origin of the contribution. The state house committee and the state senate committee shall be exempt from the prohibited transfers.

All committees are required to file financial disclosure reports electronically beginning January 1, 2011.

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

SECTION 130.044

State senators and representatives and candidates for those offices shall report contributions received during the legislative session exceeding $500 within 48 hours of receiving the contribution. The same 48 hour reporting requirement is imposed for contributions given to the Governor, all statewide elected officials, and candidates for those offices during legislative session and any time when legislation from the regular legislative session awaits gubernatorial action.

SECTION 130.071

Currently, candidates who fail to file disclosure reports shall not take office until reports are filed. This act extends that requirement to all reports filed with the commission and fees owed. Currently, those who have not filed disclosure reports shall not file for office. This act also extends that requirement to fees owed.

SECTION 575.021

The act creates the Class A misdemeanor 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.

SECTIONS 105.485, 105.955, 130.021, 130.026, 130.028, 130.041, 130.046, 130.057, 226.033

Changes references from "continuing committee" to "political action committee".

This act is similar to SB 577 (2010), SB 882 (2010), SB 893 (2010), HB 1868 (2010), HB 1500 (2010), HB 1846 (2010), HB 2039 (2010), HB 2300 (2010), SB 844 (2010).

CHRIS HOGERTY