SCS/HS/HCS/HB 495 - This act revises various provisions dealing with the Missouri Ethics Commission and campaign finance laws.

ETHICS COMMISSION. The complaint process would be subject to greater discretion by the Ethics Commission. Complaints alleging violations involving lobbyists, financial interest disclosure requirements, campaign finance disclosure requirements, state agency codes of conduct, conflict of interest laws or the constitution, laws or rules by public officials and employees shall be under the investigatory authority of the Commission, which the commission may investigate confidentially, or may assign to a special investigator for formal investigation. Currently, complaints alleging a conflict of interest or violation of the constitution, laws or rules by public officials or employees are required to be subject to such formal investigation, and other complaints are subject to confidential investigation by the Ethics Commission, with the option of assigning it to a special investigator.

The Ethics Commission is given the authority to issue public letters of reprimand in situations where criminal prosecution is not appropriate. No such letter of reprimand shall be issued to a candidate during the period from sixty days before the primary election to after the general election.

Complaints against lobbyists, elected or appointed officials or employees for violations of conflict-of-interest or lobbying provisions are currently filed with the Attorney General. This act requires such complaints to be filed with the Ethics Commission.

Members of the General Assembly are prohibited from contacting the Ethics Commission on behalf of any individual applying for employment with the Commission unless the applicant worked for such member (Section 1).

The Office of Administration shall provide computer services for the Ethics Commission for the Commission to implement a system to allow access to lobbying and campaign reports (Section 2).

No member of the General Assembly shall offer or accept a contribution in return for promising to cast a vote for a candidate for a leadership position. Penalties for violation of this provision may include expulsion from the General Assembly (Section 3).

CAMPAIGN FINANCE DISCLOSURE REQUIREMENTS. Currently, out- of-state committees are not required to file financial statements of organization in Missouri if their contributions from persons in Missouri do not exceed 20% of all funds received, or if all contributions and expenditures made in Missouri on ballot and candidates do not exceed $5,000. Under this act, the committee shall file a statement of organization if all contributions from Missouri residents exceed 20% or if the aggregate of such contributions exceeds $1,000. In-state committees also must disclose contributions from out-of-state committees of $1,000 (Section 130.021).

All committees, including candidate committees, must exercise due diligence in attempting to disclose the identity of the employer or occupation for those who are self-employed, of all contributors who make contributions totalling more than $25 (Sections 130.036 and 130.041).

A candidate may form a debt service committee, subject to termination when contributions received exceeds the amount of the debt (Section 130.037).

CAMPAIGN FINANCE FILING REQUIREMENTS. Continuing Committees must file at same time as other committees, (7 days before the election, 30 days after the election and April 20) under this act. This act removes the 40-day before the election filing requirement (Section 130.046).

A financial interest statement shall be filed within 30 days after the candidate filing deadline, rather than within 45 days after such deadline, as currently required.

Additional reports are required by continuing committees for independent expenditures, similar to that which already is required for certain individuals.

REPEALS COMMITTEE AND COMMISSION. This act repeals the Governor's Ethics Committee which is charged with developing a code of conduct for state employees, and repeals the bipartisan Commission on Fair Elections, adopted under Proposition A in 1994 (Section 130.140).

REPEALS UNCONSTITUTIONAL SECTIONS. Recent judicial decisions have struck down the following sections and subsections of Missouri law, which are repealed in this act:

Section 130.031.12 (Printed matter to be approved by candidate), Section 130.032.4 (Prohibits Campaign Contributions During Session), Section 130.052 (Voluntary Expenditure Limits), Section 130.053 (Surcharge for Failure to Comply with Expenditure Limits), Section 130.100 (Contribution Limits - $100, 200, 300) Section 130.130 (Spend-down - $1,000, 2,000, 3,000) JAMES KLAHR/MARGARET J. TOALSON/DAVID VALENTINE