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Tag Archives: HB 1939

HB 1939: Ethics reform, from the House minority

20 Tuesday Mar 2012

Posted by Michael Bersin in Uncategorized

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General Assembly, HB 1939, missouri

What are the chances of passage? Slim to none. And that’s being optimistic.

Members of the Democratic minority in the House filed HB 1939, an ethics reform bill, yesterday:

SECOND REGULAR SESSION

HOUSE BILL NO. 1939

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES JONES (63) (Sponsor), TALBOY, HUMMEL, ELLINGER, MAY, SWINGER, SHIVELY, TAYLOR, McCREERY, SCHUPP, McMANUS, OXFORD, McNEIL, PIERSON, NEWMAN, KIRKTON, NICHOLS, MORGAN, CASEY, McGEOGHEGAN, QUINN, HARRIS, KRATKY, SIFTON, CARLSON, McDONALD, SCHIEFFER, WALTON GRAY, STILL, WEBB, RIZZO, PACE, WEBBER, CONWAY (27), COLONA, NASHEED, BLACK, LAMPE, SWEARINGEN, FALLERT, MEADOWS, ANDERS, KELLY (24), BROWN (50), SPRENG, ATKINS, HOLSMAN AND CARTER (Co-sponsors)….

Among the provisions:

….8.925. No solicitation of expenditures, as defined in section 130.011, or fund-raising activities or fund-raising event, as defined in section 130.011, supporting or opposing any candidate, ballot measure, political party, or political party committee shall occur on any property or in any building owned or leased by the state or any political subdivision, unless the property or building is routinely used by and made available for rent or for a fee to all members of the public by the state or the political subdivision.….

[emphasis in original]

Working as a paid political consultant or lobbyist while in the General Assembly would be out:

….3. No member of the general assembly shall accept or receive compensation of any kind as a paid political consultant for another member of the general assembly, the governor, lieutenant governor, attorney general, secretary of state, state treasurer, or state auditor, or for any campaign committee, candidate committee, continuing committee, exploratory committee, or political party committee as defined in chapter 130, nor shall any spouse, dependent child, or parent accept or receive compensation of any kind on behalf of a member of the general assembly who acts as a paid political consultant.

           4. No member of the general assembly shall act, serve, or register as a legislative lobbyist as defined in section 105.470 until after the first regular session of the Missouri general assembly following the conclusion of the Missouri general assembly in which the member last served.

           5. No individual or business entity shall solicit a member of the general assembly to become employed by that individual or business entity as a legislative lobbyist, as such term is defined in section 150.470, or a paid political consultant, while such member is holding office as a member of the general assembly. No member of the general assembly shall solicit clients to represent as a legislative lobbyist.

           6. Neither the governor nor any person acting on behalf of the governor shall make any offer or promise to confer an appointment to any board, commission, committee, council, county office, department directorship, fee office under section 136.055, judgeship, or any other position, to any member of the general assembly in exchange for the member’s official vote on any public matter. Any person making such offer or promise is guilty of the crime of bribery of a public servant under section 576.010.

           7. Any member of the general assembly who accepts or agrees to accept an offer or promise to confer an appointment to any board, commission, committee, council, county office, department directorship, fee office under section 136.055, judgeship, or any other position, from the governor or any person acting on behalf of the governor in exchange for the member’s official vote on any public matter, is guilty of the crime of acceding to corruption under section 576.020.

           105.465. Notwithstanding section 105.478, any person who intentionally offers or accepts any item, service, or thing of value, including a contribution as defined in section 130.011, to any elected or appointed official or employee of the state or any political subdivision in direct exchange for voting in favor of, voting against, or engaging in any legislative, executive, or judicial course of action designed to benefit, delay, or hinder the passage or failure of any specific state legislation, rule, or regulation, or any specific local legislation, order, ordinance, rule, or regulation, shall be guilty of a class D felony….

[emphasis in original]

Solicitation to become a lobbyist by others would be out, too. Trading votes for future employment or appointment would be out.

Uh, you’ve got to hope that these provisions just make things more explicit.

There would be a $1,000.00 limit of cumulative lobbyist expenditures per member of the General Assembly (and their families and staff):

….105.479. 1. No member of the general assembly or the member’s staff, employees, spouse, or dependent child shall accept or receive cumulative expenditures from lobbyists in excess of one thousand dollars per calendar year per member, including expenditures to the member’s staff, employees, spouse, or dependent child, as expenditure is defined in subdivision (3) of section 105.470, but excluding any expenditure as described in paragraph (d) of subdivision (2) of subsection 3 of section 105.473. If the report provided to a member of the general assembly under subsection 12 of section 105.473 indicates that the member has exceeded the limit established in this section, the member shall have sixty days from the first day of the next calendar month after receipt of the report to reimburse the amount that exceeds the limit to the lobbyist or lobbyists that made the expenditures….

[emphasis in original]

The bill would give the Ethics Commission more investigative tools and powers.

The following would be added to the list of election offenses:

….(12) Giving, lending, agreeing to give or lend, offering, promising, or endeavoring to procure any money or valuable consideration with the intent of inducing any person to run for any such office in this state if the person has a name that is identical or similar to another candidate for the same elective public office and would not otherwise run for elective public office but for the inducement. Campaign donations made in accordance with the laws of this state shall not be construed to be an inducement to run for elective public office under this subdivision….

[emphasis in original]

John Doe, meet John Doe and John Doe.

The bill restricts transfer of funds from committee to committee.

And, the bill imposes campaign contribution limits:

….130.032. 1. In addition to the limitations imposed under section 130.031, the amount of contributions made by or accepted from any person other than the candidate in any one election shall not exceed the following:

           (1) To elect an individual to the office of governor, lieutenant governor, secretary of state, state treasurer, state auditor, or attorney general, five thousand dollars;

           (2) To elect an individual to the office of state senator or state representative, five thousand dollars;

           (3) To elect an individual to any other office, including judicial office, five thousand dollars.

           2. Contributions from persons under fourteen years of age shall be considered made by the parents or guardians of such person and shall be attributed toward any contribution limits prescribed in this chapter. Where the contributor under fourteen years of age has two custodial parents or guardians, fifty percent of t
he contribution shall be attributed to each parent or guardian, and where such contributor has one custodial parent or guardian, all such contributions shall be attributed to the custodial parent or guardian
….

[emphasis in original]

Section B. The provisions of section A of this act shall become effective on January 1, 2013.

Not a moment too soon. But will it have any chance of passage? See above.

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