HOUSE BILL NO. 1862 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BUTZ.
4830H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 105.955, 105.957, 105.959, and 105.961, RSMo, and to enact in lieu thereof four new sections relating to the Missouri ethics commission.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 105.955, 105.957, 105.959, and 105.961, RSMo, are repealed 2 and four new sections enacted in lieu thereof, to be known as sections 105.955, 105.957, 3 105.959, and 105.961, to read as follows: 105.955. 1. A bipartisan "Missouri Ethics Commission", composed of six members, 2 is hereby established. The commission shall be assigned to the office of administration with 3 supervision by the office of administration only for budgeting and reporting as provided by 4 subdivisions (4) and (5) of subsection 6 of section 1 of the Reorganization Act of 1974. 5 Supervision by the office of administration shall not extend to matters relating to policies, 6 regulative functions or appeals from decisions of the commission, and the commissioner of 7 administration, any employee of the office of administration, or the governor, either directly 8 or indirectly, shall not participate or interfere with the activities of the commission in any 9 manner not specifically provided by law and shall not in any manner interfere with the budget 10 request of or withhold any moneys appropriated to the commission by the general assembly. 11 All members of the commission shall be appointed by the governor with the advice and 12 consent of the senate from lists submitted pursuant to this section. Each congressional district 13 committee of the political parties having the two highest number of votes cast for their 14 candidate for governor at the last gubernatorial election shall submit two names of eligible 15 nominees for membership on the commission to the governor, and the governor shall select 16 six members from such nominees to serve on the commission.
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 1862 2
17 2. Within thirty days of submission of the person's name to the governor as provided 18 in subsection 1 of this section, and in order to be an eligible nominee for appointment to the 19 commission, a person shall file a financial interest statement in the manner provided by 20 section 105.485 and shall provide the governor, the president pro tempore of the senate, and 21 the commission with a list of all political contributions and the name of the candidate or 22 committee, political party, or [continuing] political action committee, as defined in chapter 23 130, to which those contributions were made within the four-year period prior to such 24 appointment, made by the nominee, the nominee's spouse, or any business entity in which the 25 nominee has a substantial interest. The information shall be maintained by the commission 26 and available for public inspection during the period of time during which the appointee is a 27 member of the commission. In order to be an eligible nominee for membership on the 28 commission, a person shall be a citizen and a resident of the state and shall have been a 29 registered voter in the state for a period of at least five years preceding the person's 30 appointment. 31 3. The term of each member shall be for four years, except that of the members first 32 appointed, the governor shall select three members from even-numbered congressional 33 districts and three members from odd-numbered districts. Not more than three members of 34 the commission shall be members of the same political party, nor shall more than one member 35 be from any one United States congressional district. Not more than two members appointed 36 from the even-numbered congressional districts shall be members of the same political party, 37 and no more than two members from the odd-numbered congressional districts shall be 38 members of the same political party. Of the members first appointed, the terms of the 39 members appointed from the odd-numbered congressional districts shall expire on March 15, 40 1994, and the terms of the members appointed from the even-numbered congressional 41 districts shall expire on March 15, 1996. Thereafter all successor members of the commission 42 shall be appointed for four-year terms. Terms of successor members of the commission shall 43 expire on March fifteenth of the fourth year of their term. No member of the commission 44 shall serve on the commission after the expiration of the member's term. No person shall be 45 appointed to more than one full four-year term on the commission. 46 4. Vacancies or expired terms on the commission shall be filled in the same manner as 47 the original appointment was made, except as provided in this subsection. Within thirty days 48 of the vacancy or ninety days before the expiration of the term, the names of two eligible 49 nominees for membership on the commission shall be submitted to the governor by the 50 congressional district committees of the political party or parties of the vacating member or 51 members, from the even- or odd-numbered congressional districts, based on the residence of 52 the vacating member or members, other than from the congressional district committees from 53 districts then represented on the commission and from the same congressional district party HB 1862 3
54 committee or committees which originally appointed the member or members whose 55 positions are vacated. Appointments to fill vacancies or expired terms shall be made within 56 forty-five days after the deadline for submission of names by the congressional district 57 committees, and shall be subject to the same qualifications for appointment and eligibility as 58 is provided in subsections 2 and 3 of this section. Appointments to fill vacancies for 59 unexpired terms shall be for the remainder of the unexpired term of the member whom the 60 appointee succeeds, and such appointees shall be eligible for appointment to one full four- 61 year term. If the congressional district committee does not submit the required two nominees 62 within the thirty days or if the congressional district committee does not submit the two 63 nominees within an additional thirty days after receiving notice from the governor to submit 64 the nominees, then the governor may appoint a person or persons who shall be subject to the 65 same qualifications for appointment and eligibility as provided in subsections 2 and 3 of this 66 section. 67 5. The governor, with the advice and consent of the senate, may remove any member 68 only for substantial neglect of duty, inability to discharge the powers and duties of office, 69 gross misconduct or conviction of a felony or a crime involving moral turpitude. Members of 70 the commission also may be removed from office by concurrent resolution of the general 71 assembly signed by the governor. If such resolution receives the vote of two-thirds or more of 72 the membership of both houses of the general assembly, the signature of the governor shall 73 not be necessary to effect removal. The office of any member of the commission who moves 74 from the congressional district from which the member was appointed shall be deemed 75 vacated upon such change of residence. 76 6. The commission shall elect biennially one of its members as the chairman. The 77 chairman may not succeed himself or herself after two years. No member of the commission 78 shall succeed as chairman any member of the same political party as himself or herself. At 79 least four members are necessary to constitute a quorum, and at least four affirmative votes 80 shall be required for any action or recommendation of the commission. 81 7. No member or employee of the commission, during the person's term of service, 82 shall hold or be a candidate for any other public office. 83 8. In the event that a retired judge is appointed as a member of the commission, the 84 judge shall not serve as a special investigator while serving as a member of the commission. 85 9. No member of the commission shall, during the member's term of service or within 86 one year thereafter: 87 (1) Be employed by the state or any political subdivision of the state; 88 (2) Be employed as a lobbyist; 89 (3) Serve on any other governmental board or commission; 90 (4) Be an officer of any political party or political organization; HB 1862 4
91 (5) Permit the person's name to be used, or make contributions, in support of or in 92 opposition to any candidate or proposition; 93 (6) Participate in any way in any election campaign; except that a member or 94 employee of the commission shall retain the right to register and vote in any election, to 95 express the person's opinion privately on political subjects or candidates, to participate in the 96 activities of a civic, community, social, labor or professional organization and to be a member 97 of a political party. 98 10. Each member of the commission shall receive, as full compensation for the 99 member's services, the sum of one hundred dollars per day for each full day actually spent on 100 work of the commission, and the member's actual and necessary expenses incurred in the 101 performance of the member's official duties. 102 11. The commission shall appoint an executive director who shall serve subject to the 103 supervision of and at the pleasure of the commission, but in no event for more than six years. 104 The executive director shall be responsible for the administrative operations of the 105 commission and perform such other duties as may be delegated or assigned to the director by 106 law or by rule of the commission. The executive director shall employ staff and retain such 107 contract services as the director deems necessary, within the limits authorized by 108 appropriations by the general assembly. 109 12. Beginning on January 1, 1993, all lobbyist registration and expenditure reports 110 filed pursuant to section 105.473, financial interest statements filed pursuant to subdivision 111 (1) of section 105.489, and campaign finance disclosure reports filed other than with election 112 authorities or local election authorities as provided by section 130.026 shall be filed with the 113 commission. 114 13. Within sixty days of the initial meeting of the first commission appointed, the 115 commission shall obtain from the clerk of the supreme court or the state courts administrator a 116 list of retired appellate and circuit court judges who did not leave the judiciary as a result of 117 being defeated in an election. The executive director shall determine those judges who 118 indicate their desire to serve as special investigators and to investigate any and all complaints 119 referred to them by the commission. The executive director shall maintain an updated list of 120 those judges qualified and available for appointment to serve as special investigators. Such 121 list shall be updated at least annually. The commission shall refer complaints to such special 122 investigators on that list on a rotating schedule which ensures a random assignment of each 123 special investigator. Each special investigator shall receive only one unrelated investigation 124 at a time and shall not be assigned to a second or subsequent investigation until all other 125 eligible investigators on the list have been assigned to an investigation. In the event that no 126 special investigator is qualified or available to conduct a particular investigation, the 127 commission may appoint a special investigator to conduct such particular investigation. HB 1862 5
128 14. The commission shall have the following duties and responsibilities relevant to 129 the impartial and effective enforcement of sections 105.450 to 105.496 and chapter 130, as 130 provided in sections 105.955 to 105.963: 131 (1) Receive and review complaints regarding alleged violation of sections 105.450 to 132 105.496 and chapter 130, conduct initial reviews and investigations regarding such 133 complaints as provided herein; refer complaints to appropriate prosecuting authorities and 134 appropriate disciplinary authorities along with recommendations for sanctions; and initiate 135 judicial proceedings as allowed by sections 105.955 to 105.963; 136 (2) Review and [audit] investigate any reports and statements required by the 137 campaign finance disclosure laws contained in chapter 130, and financial interest disclosure 138 laws or lobbyist registration and reporting laws as provided by sections 105.470 to 105.492, 139 for timeliness, accuracy and completeness of content as provided in sections 105.955 to 140 105.963; 141 (3) Conduct investigations as provided in subsection 2 of section 105.959; 142 (4) Develop appropriate systems to file and maintain an index of all such reports and 143 statements to facilitate public access to such information, except as may be limited by 144 confidentiality requirements otherwise provided by law, including cross-checking of 145 information contained in such statements and reports. The commission may enter into 146 contracts with the appropriate filing officers to effectuate such system. Such filing officers 147 shall cooperate as necessary with the commission as reasonable and necessary to effectuate 148 such purposes; 149 [(4)] (5) Provide information and assistance to lobbyists, elected and appointed 150 officials, and employees of the state and political subdivisions in carrying out the provisions 151 of sections 105.450 to 105.496 and chapter 130; 152 [(5)] (6) Make recommendations to the governor and general assembly or any state 153 agency on the need for further legislation with respect to the ethical conduct of public 154 officials and employees and to advise state and local government in the development of local 155 government codes of ethics and methods of disclosing conflicts of interest as the commission 156 may deem appropriate to promote high ethical standards among all elected and appointed 157 officials or employees of the state or any political subdivision thereof and lobbyists; 158 [(6)] (7) Render advisory opinions as provided by this section; 159 [(7)] (8) Promulgate rules relating to the provisions of sections 105.955 to 105.963 160 and chapter 130. All rules and regulations issued by the commission shall be prospective 161 only in operation; 162 [(8)] (9) Request and receive from the officials and entities identified in subdivision 163 (6) of section 105.450 designations of decision-making public servants. HB 1862 6
164 15. In connection with such powers provided by sections 105.955 to 105.963 and 165 chapter 130, the commission may: 166 (1) Subpoena witnesses and compel their attendance and testimony. Subpoenas shall 167 be served and enforced in the same manner provided by section 536.077; 168 (2) Administer oaths and affirmations; 169 (3) Take evidence and require by subpoena duces tecum the production of books, 170 papers, and other records relating to any matter being investigated or to the performance of 171 the commission's duties or exercise of its powers. Subpoenas duces tecum shall be served and 172 enforced in the same manner provided by section 536.077; 173 (4) Employ such personnel, including legal counsel, and contract for services 174 including legal counsel, within the limits of its appropriation, as it deems necessary provided 175 such legal counsel, either employed or contracted, represents the Missouri ethics commission 176 before any state agency or before the courts at the request of the Missouri ethics commission. 177 Nothing in this section shall limit the authority of the Missouri ethics commission as provided 178 for in subsection 2 of section 105.961; and 179 (5) Obtain information from any department, division or agency of the state or any 180 political subdivision reasonably calculated to lead to the discovery of evidence which will 181 reasonably assist the commission in carrying out the duties prescribed in sections 105.955 to 182 105.963 and chapter 130. 183 16. (1) Upon written request for an advisory opinion received by the commission, 184 and if the commission determines that the person requesting the opinion would be directly 185 affected by the application of law to the facts presented by the requesting person, the 186 commission shall issue a written opinion advising the person who made the request, in 187 response to the person's particular request, regarding any issue that the commission can 188 receive a complaint on pursuant to section 105.957. The commission may decline to issue a 189 written opinion by a vote of four members and shall provide to the requesting person the 190 reason for the refusal in writing. The commission shall give an approximate time frame as to 191 when the written opinion shall be issued. Such advisory opinions shall be issued no later than 192 ninety days from the date of receipt by the commission. Such requests and advisory opinions, 193 deleting the name and identity of the requesting person, shall be compiled and published by 194 the commission on at least an annual basis. Advisory opinions issued by the commission 195 shall be maintained and made available for public inspection and copying at the office of the 196 commission during normal business hours. Any advisory opinion or portion of an advisory 197 opinion rendered pursuant to this subsection shall be withdrawn by the commission if, after 198 hearing thereon, the joint committee on administrative rules finds that such advisory opinion 199 is beyond or contrary to the statutory authority of the commission or is inconsistent with the 200 legislative intent of any law enacted by the general assembly, and after the general assembly, HB 1862 7
201 by concurrent resolution, votes to adopt the findings and conclusions of the joint committee 202 on administrative rules. Any such concurrent resolution adopted by the general assembly 203 shall be published at length by the commission in its publication of advisory opinions of the 204 commission next following the adoption of such resolution, and a copy of such concurrent 205 resolution shall be maintained by the commission, along with the withdrawn advisory 206 opinion, in its public file of advisory opinions. The commission shall also send a copy of 207 such resolution to the person who originally requested the withdrawn advisory opinion. A