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06 May 2010

Joe Smith: House Passes Strongest and Most Aggressive Ethics Reform Bill in the Country

This week, we voted to pass a very aggressive ethics reform bill through a House Committee Substitute for SB844. Regardless of whether we are Republican, Democrat or Independent, we can all agree on one thing: maintaining our integrity as public servants should be something we strive to maintain as we work to better the lives of Missourians across our state. The men and women who have voted us in to office expect us to be honest and work ethically as we pursue legislation that will benefit Missouri families – including the decisions we make in our personal lives, and they deserve nothing less.

Ethics reform became a top priority when in 2009, Democrats in the legislature were convicted of various crimes involving political and personal issues and accusations of vote-buying were leveled at Governor Nixon’s staff. On the first day first day of session this year, Speaker of the House, Ron Richard, R – Joplin, committed to bringing a bipartisan, comprehensive ethics reform bill to the floor that worked to stop unethical behavior in the House and in all publicly elected offices across the state. This week, we came through on that commitment by passing SB844.

The House Committee Substitute for SB844 contains the following provisions that help to ensure ethical behavior:
  • Bribery of Elected Officials: The Governor or anyone acting on his behalf shall not make any offer or promise of an appointment to any position in exchange of a legislator’s vote. Any member who accepts a bribe is guilty of the crime acceding to corruption. Any bribe on any level will not be tolerated.
  • Elected Officials as Lobbyists: No member of the General Assembly shall serve as a lobbyist for two years after the conclusion of their last term in the General Assembly, which is the same provision found on the federal level.
  • Felony Benefits: Any elected official who is found guilty or pleads guilty to a felony will immediately forfeit all benefits from the state.
  • Transparency in Appointments: For every appointment made by the Governor, Speaker and President Pro Tem of the Senate, information shall be publicly disclosed of the appointee and the amount of any contribution they have made to any campaign or candidate committee for a period of four years prior to the date of the appointment. This will also apply to the spouse of the appointee or any business where the appointee holds a substantial interest. Appointments should be made solely on merit, not on campaign contributions.
  • Lobbyist Gifts: No elected Missouri official shall accept a gift from a lobbyist in excess of $2,500.00 dollars per year. Honorarium gifts shall not count against the total. Items having a value of less than ten dollars do not count against the total.
  • Campaign Contribution Limits: The limit on campaign contributions is raised to $20,000.00 per year.
  • Committee to Committee Transfers: No person shall transfer campaign funds from committee to committee with the purpose of concealing the donation source. Punishment for the first violation is the funds must be returned; the second violation is a Class C misdemeanor; for the third and subsequent violations the person transferring the funds is guilty of a Class D felony.
  • Donations from Appointees: An elected official cannot use the power of their position to leverage campaign donations. Therefore, no statewide office holder shall accept any donation from any person whom the office holders appoint to a position with the advice and consent of the Senate.
  • Joint Committee on Ballot Statements: Establishes the Joint Committee on Ballot Statements to prepare and review ballot summary statements for al petitions and referendums submitted to the voters by either the General Assembly or the petition process to ensure that political games are not played with the writing of language for amendments. This gives Missouri voters a clear understanding of what they are voting on.
  • Special Election for Statewide Vacancies: This legislation requires the Governor to call a special election for any vacancy in statewide office happening during the term of a statewide office holder. That way, Missourians can have a voice in which their statewide elected officials are in times of vacancies, rather than the Governor appointing these positions.
  • Drug Testing of State Elected Officials: Requires all state elected officials, members of the General Assembly, leadership staff and gubernatorial department heads to be drug tested.
  • Early Voting: Requires each election authority to create one advance voting center in each senatorial district and allows any registered voter to vote early. This allows for greater access and participation in the voting process.
  • Photo ID Requirement: Requires individuals to show a photo ID when voting on Election Day.
  • Fee Office Reform: Requires the Department of Revenue to use only county collectors, treasurers or city collectors as fee office agents.
  • Lawsuits on Behalf of the State: Allows the Governor, Lt. Governor, Speaker of the House, Speaker Pro Tem of the House and President Pro Tem of the Senate to file a lawsuit defending the constitutional rights of Missouri residents and to bring the suit in the name of the State of Missouri.
  • Secret Ballot Guarantee: Guarantees the right to vote by secret ballot in elections involving the formation of a union or a labor organization.
  • Political Activity Dues: Union dues may not be used for any political activity if designated as not for political uses by the member contributing the dues. This provision also adds a $10,000 fine per violation and a Class D felony.

As your state representative, I have a large amount of respect for you – my constituent – and it is my responsibility to act in an ethical manner. I understand my responsibility to act with integrity and take it very seriously. The provisions in SB844 work to ensure this behavior with members not only in the House of Representatives, but on a state-wide level. We are now calling on the support of the Governor, so that the Senate will take up and pass the bill and it can be signed in to law as soon as possible.

Our State Capitol and legislative process was founded by men and women who had a deep reverence for the state of Missouri. Their intentions, written into the stone in the House Chamber, are clear: Honor, Truth, Virtue and Equality. You can be certain that these virtues are being sought after by House Republicans.

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