SS/SB 213 - This act creates new provisions regulating certain activities of the nonpartisan state demographer established pursuant to the Missouri Constitution. CONFLICTS OF INTEREST, LOBBYING, AND FINANCIAL DISCLOSURE The act stipulates that, during the demographer's term of office, the demographer may not: • Accept directly or indirectly from any interested party a gift of any tangible or intangible item, service, or thing of value; • Accept directly or indirectly from any source other than the state of Missouri any compensation, grants, stipends, retainers, or remuneration of any kind in connection with the redistricting process; • Employ, contract with, or delegate to, directly or indirectly, any other person or entity, including but not limited to counsel, to perform any work or analysis in the course of the redistricting process. The act permits the demographer to consult with or request opinions from the Attorney General and retain reasonably necessary technical or clerical assistance from the Office of Administration. All such legal advice and clerical and technical assistance shall be disclosed as otherwise required by the act; or • Engage in written or oral communication regarding the redistricting process with any person or entity seeking to influence such process, except for submissions made through the Redistricting Public Comment Portal. The act further prohibits the spouse and dependent children of the demographer from accepting directly or indirectly from any source a gift of any tangible or intangible item, service, or thing of value. The demographer shall be subject to current provisions of law regulating conflicts of interest for appointed and elected officials of the state as well as provisions prohibiting the acceptance or receipt of compensation of any kind as a paid political consultant. Furthermore, any person appointed as demographer is prohibited from acting, serving, or registering as a lobbyist until two years after the expiration of the term to which he or she was appointed. The act requires any person selected by the State Auditor as an applicant to be considered by the Majority and Minority Leaders of the Senate for the post of demographer to file a financial interest statement with the Missouri Ethics Commission and the Secretary of the Senate no later than 14 days after submission to the Senate. Applicants are additionally required to file further disclosure information if he or she, or his or her spouse or dependent children, worked for an organization exempt from taxation pursuant to Section 501(c) or Section 527 of the Internal Revenue Code or accepted a grant from such an organization within the last two years. PUBLIC AVAILABILITY OF RECORDS The act requires the demographer to establish the Redistricting Public Comment Portal for the purpose of publicly accepting any comments, records, documents, maps, or information of any kind relating to the redistricting process. Any such submissions shall be accompanied by a disclosure that indicates whether the person or entity making the submission was responsible in whole or in part for the submission or whether a person or entity other than the person submitting contributed money that was intended to fund preparation of the submission and, if so, the disclosure shall additionally identify each such contributor. All redistricting records shall be considered property of the state and shall be public records subject to the Sunshine Law. Upon the expiration of the demographer's term, all redistricting records shall be transferred to the State Records Center and Archives and managed pursuant to the State and Local Records Law. ATTORNEY GENERAL INVESTIGATORY POWERS The act permits the Attorney General (AG) to investigate violations or suspected violations of this act. The act permits the AG to issue a civil investigative demand to any person believed to have information, documentary material, or physical evidence relevant to an alleged violation. Any person served with a civil investigative demand shall comply with the terms thereof unless otherwise permitted by court order. It is a Class A misdemeanor for any person to spoil any information, documentary material, or physical evidence in his or her custody that is the subject of a civil investigative demand. The AG can seek enforcement of a civil investigative demand by seeking a court order to such effect. Disobedience of a court order shall be punished as contempt of court. The AG is further permitted to issue an order to any person who has violated, is violating, or is about to violate any provision of this act to cease such unlawful activity. Any person served with such an order who violates such order shall be guilty of a Class E felony. Moreover, the AG is permitted to seek temporary restraining orders, preliminary injunctions and such other remedies when it appears that a person has engaged in, is engaging in, or is about to engage in any method, act, use, practice or solicitation, or any combination thereof, that is unlawful pursuant to this act. The court may award the state a civil penalty of not more than $1,000 per violation. This act is similar to HB 973 (2019). SCOTT SVAGERA