SECOND REGULAR SESSION

[I N T R O D U C E D]

SENATE BILL NO. 866

88th GENERAL ASSEMBLY


S2116.01I

AN ACT

To repeal sections 105.456 and 105.498, RSMo 1994, relating to members of the general assembly, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 105.456 and 105.498, RSMo 1994, are repealed and two new sections enacted in lieu thereof, to be known as sections 105.456 and 105.498, to read as follows:

105.456. 1. No member of the general assembly or the governor, lieutenant governor, attorney general, secretary of state, state treasurer or state auditor shall:

(1) Perform any service for the state or any political subdivision of the state or any agency of the state or any political subdivision thereof or act in [his] an official capacity or perform duties associated with [his] such position for any person for any consideration other than the compensation provided for the performance of [his] such person's official duties; or

(2) Sell, rent or lease any property to the state or political subdivision thereof or any agency of the state or any political subdivision thereof for consideration in excess of five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, [provided that] where the bid or offer accepted is the lowest received; or

(3) Attempt, for compensation other than the compensation provided for the performance of [his] such person's official duties, to influence the decision of any agency of the state on any matter, except that this provision shall not be construed to prohibit such person from participating for compensation in any adversary proceeding or in the preparation or filing of any public document or conference thereon. The exception for a conference upon a public document shall not permit any member of the general assembly or the governor, lieutenant governor, attorney general, secretary of state, state treasurer or state auditor to receive any consideration for the purpose of attempting to influence the decision of any agency of the state on behalf of any person with regard to any application, bid or request for a state grant, loan, appropriation, contract, award, permit other than matters involving a [driver's] license to operate a motor vehicle, or job before any state agency, commission, or elected official. Notwithstanding Missouri supreme court rule 1.10 of rule 4 or any other court rule or law to the contrary, other members of a firm, professional

corporation or partnership shall not be prohibited pursuant to this subdivision from representing a person or other entity solely because a member of the firm, professional corporation or partnership serves in the general assembly, [provided that] where such official does not share directly in the compensation earned, so far as the same may reasonably be accounted, for such activity by the firm or by any other member of the firm. This subdivision shall not be construed to prohibit any inquiry for information or the representation of a person without consideration before a state agency or in a matter involving the state if no

consideration is given, charged or promised in consequence thereof[.]; or

(4) Perform services as a lobbyist, as defined in section 105.470, during a period two years after such person vacates such office due to the expiration of the term of office or due to any other reason.

2. No sole proprietorship, partnership, joint venture, or corporation in which a member of the general assembly, governor, lieutenant governor, attorney general, secretary of state, state treasurer, state auditor or spouse of such official, is the sole proprietor, a partner having more than a ten percent partnership interest, or a coparticipant or owner of in excess of ten percent of the outstanding shares of any class of stock, shall:

(1) Perform any service for the state or any political subdivision thereof or any agency of the state or political subdivision for any consideration in excess of five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or sale made after public notice and competitive bidding, [provided that] where the bid or offer accepted is the lowest received; or

(2) Sell, rent, or lease any property to the state or any political subdivision thereof or any agency of the state or political subdivision thereof for consideration in excess of five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or a sale made after public notice and in the case of property other than real property, competitive bidding, [provided that] where the bid or offer accepted is the lowest and best received.

105.498. [Any] No lobbyist or lobbyist principal, as defined in section 105.470 [and any person or entity who employs such a lobbyist who purchases] shall purchase or provide meals [for or who supplies], food [or], beverages or any other gift or in-kind contribution, as defined in section 130.011, RSMo, to members of the general assembly [during a legislative session shall report in writing to the secretary of the senate and the chief clerk of the house of representatives regarding the purchase of such meals, food or beverages within ten days after the last day of the calendar month during which any such purchase occurred. Such report shall state the names of the members for which meals, food or beverages were purchased, the date of purchase, and the cost of each such meal, or food or beverages supplied to each legislator. Such report shall also state any solicited expenditure described in paragraph (d) of subdivision (2) of subsection 4 of section 105.470 made during the period covered in the report. When meals are purchased for more than one member of the general assembly at any one time, the report may state the total cost expended rather than the cost of each meal. When all members of a standing or joint committee of the senate or the house of representatives or the entire membership of the senate or the house of representatives or any caucus described in section 105.470 are invited, the report shall identify the caucus or committee and the total cost of all meals purchased in lieu of the cost of each meal, and the names of individual members attending need not be reported. Reports of purchases of meals, food and beverages shall be filed with the chief clerk of the house of representatives and the secretary of the senate]. The provisions of this section shall not prohibit lobbyists or lobbyist principals from making a campaign contribution in accordance with existing law. Any lobbyist who violates the provisions of this section shall not be permitted to register as a lobbyist before the general assembly for a period of two years.