HOUSE BILL NO. 1750 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MILLER.
5042H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 105.470, 116.040, 116.050, 116.080, 116.090, 116.332, 116.334, and 130.011, RSMo, and to enact in lieu thereof ten new sections relating to the initiative petition process, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 105.470, 116.040, 116.050, 116.080, 116.090, 116.332, 116.334, 2 and 130.011, RSMo, are repealed and ten new sections enacted in lieu thereof, to be known as 3 sections 105.470, 116.040, 116.050, 116.080, 116.090, 116.332, 116.333, 116.334, 116.410, 4 and 130.011, to read as follows: 105.470. As used in section 105.473, unless the context requires otherwise, the 2 following words and terms mean: 3 (1) "Elected local government official lobbyist", any natural person employed 4 specifically for the purpose of attempting to influence any action by a local government 5 official elected in a county, city, town, or village with an annual operating budget of over ten 6 million dollars; 7 (2) "Executive lobbyist", any natural person who acts for the purpose of attempting to 8 influence any action by the executive branch of government or by any elected or appointed 9 official, employee, department, division, agency or board or commission thereof and in 10 connection with such activity, meets the requirements of any one or more of the following: 11 (a) Is acting in the ordinary course of employment on behalf of or for the benefit of 12 such person's employer; or 13 (b) Is engaged for pay or for any valuable consideration for the purpose of performing 14 such activity; or
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1750 2
15 (c) Is designated to act as a lobbyist by any person, business entity, governmental 16 entity, religious organization, nonprofit corporation, association or other entity; or 17 (d) Makes total expenditures of fifty dollars or more during the twelve-month period 18 beginning January first and ending December thirty-first for the benefit of one or more public 19 officials or one or more employees of the executive branch of state government in connection 20 with such activity. 21 22 An "executive lobbyist" shall not include a member of the general assembly, an elected state 23 official, or any other person solely due to such person's participation in any of the following 24 activities: 25 a. Appearing or inquiring in regard to a complaint, citation, summons, adversary 26 proceeding, or contested case before a state board, commission, department, division or 27 agency of the executive branch of government or any elected or appointed officer or 28 employee thereof; 29 b. Preparing, filing or inquiring, or responding to any audit, regarding any tax return, 30 any public document, permit or contract, any application for any permit or license or 31 certificate, or any document required or requested to be filed with the state or a political 32 subdivision; 33 c. Selling of goods or services to be paid for by public funds, provided that such 34 person is attempting to influence only the person authorized to authorize or enter into a 35 contract to purchase the goods or services being offered for sale; 36 d. Participating in public hearings or public proceedings on rules, grants, or other 37 matters; 38 e. Responding to any request for information made by any public official or employee 39 of the executive branch of government; 40 f. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or 41 television broadcast, or similar news medium, whether print or electronic; 42 g. Acting within the scope of employment by the general assembly, or acting within 43 the scope of employment by the executive branch of government when acting with respect to 44 the department, division, board, commission, agency or elected state officer by which such 45 person is employed, or with respect to any duty or authority imposed by law to perform any 46 action in conjunction with any other public official or state employee; or 47 h. Testifying as a witness before a state board, commission or agency of the executive 48 branch; 49 (3) "Expenditure", any payment made or charge, expense, cost, debt or bill incurred; 50 any gift, honorarium or item of value bestowed including any food or beverage; any price, 51 charge or fee which is waived, forgiven, reduced or indefinitely delayed; any loan or debt HB 1750 3
52 which is cancelled, reduced or otherwise forgiven; the transfer of any item with a reasonably 53 discernible cost or fair market value from one person to another or provision of any service or 54 granting of any opportunity for which a charge is customarily made, without charge or for a 55 reduced charge; except that the term "expenditure" shall not include the following: 56 (a) Any item, service or thing of value transferred to any person within the third 57 degree of consanguinity of the transferor which is unrelated to any activity of the transferor as 58 a lobbyist; 59 (b) Informational material such as books, reports, pamphlets, calendars or periodicals 60 informing a public official regarding such person's official duties, or souvenirs or mementos 61 valued at less than ten dollars; 62 (c) Contributions to the public official's campaign committee or candidate committee 63 which are reported pursuant to the provisions of chapter 130; 64 (d) Any loan made or other credit accommodations granted or other payments made 65 by any person or entity which extends credit or makes loan accommodations or such 66 payments in the regular ordinary scope and course of business, provided that such are 67 extended, made or granted in the ordinary course of such person's or entity's business to 68 persons who are not public officials; 69 (e) Any item, service or thing of de minimis value offered to the general public, 70 whether or not the recipient is a public official or a staff member, employee, spouse or 71 dependent child of a public official, and only if the grant of the item, service or thing of de 72 minimis value is not motivated in any way by the recipient's status as a public official or staff 73 member, employee, spouse or dependent child of a public official; 74 (f) The transfer of any item, provision of any service or granting of any opportunity 75 with a reasonably discernible cost or fair market value when such item, service or opportunity 76 is necessary for a public official or employee to perform his or her duty in his or her official 77 capacity, including but not limited to entrance fees to any sporting event, museum, or other 78 venue when the official or employee is participating in a ceremony, public presentation or 79 official meeting therein; 80 (g) Any payment, gift, compensation, fee, expenditure or anything of value which is 81 bestowed upon or given to any public official or a staff member, employee, spouse or 82 dependent child of a public official when it is compensation for employment or given as an 83 employment benefit and when such employment is in addition to their employment as a 84 public official; 85 (4) "Judicial lobbyist", any natural person who acts for the purpose of attempting to 86 influence any purchasing decision by the judicial branch of government or by any elected or 87 appointed official or any employee thereof and in connection with such activity, meets the 88 requirements of any one or more of the following: HB 1750 4
89 (a) Is acting in the ordinary course of employment which primary purpose is to 90 influence the judiciary in its purchasing decisions on a regular basis on behalf of or for the 91 benefit of such person's employer, except that this shall not apply to any person who engages 92 in lobbying on an occasional basis only and not as a regular pattern of conduct; or 93 (b) Is engaged for pay or for any valuable consideration for the purpose of performing 94 such activity; or 95 (c) Is designated to act as a lobbyist by any person, business entity, governmental 96 entity, religious organization, nonprofit corporation or association; or 97 (d) Makes total expenditures of fifty dollars or more during the twelve-month period 98 beginning January first and ending December thirty-first for the benefit of one or more public 99 officials or one or more employees of the judicial branch of state government in connection 100 with attempting to influence such purchasing decisions by the judiciary. 101 102 A "judicial lobbyist" shall not include a member of the general assembly, an elected state 103 official, or any other person solely due to such person's participation in any of the following 104 activities: 105 a. Appearing or inquiring in regard to a complaint, citation, summons, adversary 106 proceeding, or contested case before a state court; 107 b. Participating in public hearings or public proceedings on rules, grants, or other 108 matters; 109 c. Responding to any request for information made by any judge or employee of the 110 judicial branch of government; 111 d. Preparing, distributing or publication of an editorial, a newsletter, newspaper, 112 magazine, radio or television broadcast, or similar news medium, whether print or electronic; 113 or 114 e. Acting within the scope of employment by the general assembly, or acting within 115 the scope of employment by the executive branch of government when acting with respect to 116 the department, division, board, commission, agency or elected state officer by which such 117 person is employed, or with respect to any duty or authority imposed by law to perform any 118 action in conjunction with any other public official or state employee; 119 (5) "Legislative lobbyist", any natural person who acts for the purpose of attempting 120 to influence the taking, passage, amendment, delay or defeat of any official action on any bill, 121 resolution, amendment, nomination, appointment, report or any other action or any other 122 matter pending or proposed in a legislative committee in either house of the general assembly, 123 or in any matter which may be the subject of action by the general assembly and in 124 connection with such activity, meets the requirements of any one or more of the following: HB 1750 5
125 (a) Is acting in the ordinary course of employment, which primary purpose is to 126 influence legislation on a regular basis, on behalf of or for the benefit of such person's 127 employer, except that this shall not apply to any person who engages in lobbying on an 128 occasional basis only and not as a regular pattern of conduct; or 129 (b) Is engaged for pay or for any valuable consideration for the purpose of performing 130 such activity; or 131 (c) Is designated to act as a lobbyist by any person, business entity, governmental 132 entity, religious organization, nonprofit corporation, association or other entity; or 133 (d) Makes total expenditures of fifty dollars or more during the twelve-month period 134 beginning January first and ending December thirty-first for the benefit of one or more public 135 officials or one or more employees of the legislative branch of state government in connection 136 with such activity. 137 138 A "legislative lobbyist" shall include an attorney at law engaged in activities on behalf of any 139 person unless excluded by any of the following exceptions. A "legislative lobbyist" shall not 140 include any legislative liaison. For purposes of this subdivision, "legislative liaison" means 141 any state employee hired to communicate with members of the general assembly on behalf of 142 any elected official of the state; the judicial branch of state government; or any department, 143 agency, board, or commission of the state, provided such entity is a part of the executive 144 branch of state government. Any state employee employed as a legislative liaison who 145 performs lobbying services for any other entity shall register as a lobbyist with respect to such 146 lobbying services. A "legislative lobbyist" shall also not include any member of the general 147 assembly, an elected state official, or any other person solely due to such person's 148 participation in any of the following activities: 149 a. Responding to any request for information made by any public official or employee 150 of the legislative branch of government; 151 b. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio 152 or television broadcast, or similar news medium, whether print or electronic; 153 c. Acting within the scope of employment of the legislative branch of government 154 when acting with respect to the general assembly or any member thereof; 155 d. Testifying as a witness before the general assembly or any committee thereof; 156 (6) "Lobbyist", any natural person defined as an executive lobbyist, judicial lobbyist, 157 elected local government official lobbyist, or a legislative lobbyist. "Lobbyist" shall also 158 include any individual who files an initiative or referendum petition with the secretary 159 of state and any circulator who is paid to collect signatures for an initiative or 160 referendum petition; HB 1750 6
161 (7) "Lobbyist principal", any person, business entity, governmental entity, religious 162 organization, nonprofit corporation or association who employs, contracts for pay or 163 otherwise compensates a lobbyist; 164 (8) "Public official", any member or member-elect of the general assembly, judge or 165 judicial officer, or any other person holding an elective office of state government or any 166 agency head, department director or division director of state government or any member of 167 any state board or commission and any designated decision-making public servant designated 168 by persons described in this subdivision. 116.040. The following shall be substantially the form of each page of each petition 2 for any law or amendment to the Constitution of the state of Missouri proposed by the 3 initiative: 4 County ______ 5 Page No. ______ 6 It is a class A misdemeanor punishable, notwithstanding the provisions 7 of section [560.021] 558.002, RSMo, to the contrary, for a term of 8 imprisonment not to exceed one year in the county jail or a fine not to 9 exceed ten thousand dollars or both, for anyone to sign any initiative 10 petition with any name other than his or her own, or knowingly to sign 11 his or her name more than once for the same measure for the same 12 election, or to sign a petition when such person knows he or she is not a 13 registered voter. 14 INITIATIVE PETITION 15 To the Honorable ______, Secretary of State for the state of Missouri: 16 We, the undersigned, registered voters of the state of Missouri and ___ 17 ___ County (or City of St. Louis), respectfully order that the following 18 proposed law (or amendment to the constitution) shall be submitted to 19 the voters of the state of Missouri, for their approval or rejection, at the 20 general election to be held on the ______ day of ______, ______, and 21 each for himself or herself says: I have personally signed this petition; I 22 am a registered voter of the state of Missouri and ______ County (or 23 City of St. Louis); my registered voting address and the name of the 24 city, town or village in which I live are correctly written after my name. 25 (Official Ballot title) ______ 26 CIRCULATOR'S AFFIDAVIT 27 State Of Missouri, 28 County Of ______ 29 I, ______, being first duly sworn, say (print or type names of signers) HB 1750 7
30 REGISTERED 31 DATE VOTING ZIP CONGR. 32 NAME SIGNED ADDRESS CODE DIST. NAME 33 (Signature) (Street) (City, (Printed or 34 Town or 35 Village) Typed) 36 (Here follow numbered lines for signers) 37 signed this page of the foregoing petition, and each of them signed his 38 or her name thereto in my presence; I believe that each has stated his or 39 her name, registered voting address and city, town or village correctly, 40 and that each signer is a registered voter of the state of Missouri and __ 41 ____ County. 42 FURTHERMORE, I HEREBY SWEAR OR AFFIRM UNDER 43 PENALTY OF PERJURY THAT ALL STATEMENTS MADE BY ME 44 ARE TRUE AND CORRECT AND THAT I HAVE NEVER BEEN 45 CONVICTED OF, FOUND GUILTY OF, OR PLED GUILTY TO 46 ANY OFFENSE INVOLVING FORGERY. 47 I am at least 18 years of age. I do ______ do not ______ (check one) 48 expect to be paid for circulating this petition. If paid, list the payer ___ 49 ___ 50 _______________ 51 Signature of Affiant 52 (Person obtaining signatures) 53 _______________ 54 (Printed Name of Affiant) 55 _______________ 56 Address of Affiant 57 Subscribed and sworn to before me this ______ day of ______, A.D. _ 58 _____ 59 _______________ 60 Signature of Notary 61 Address of Notary 62 Notary Public (Seal) 63 My commission expires ______ 64 HB 1750 8
65 If this form is followed substantially and the requirements of section 116.050 and section 66 116.080 are met, it shall be sufficient