HCS HB 255 -- ETHICS COMPLAINTS

SPONSOR:  May (Cunningham, 86)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elections
by a vote of 9 to 1.

This substitute changes the laws regarding campaign finance
disclosure report complaints.  In its main provisions, the
substitute:

(1)  Requires that the person named in the complaint be given the
complainant's name, address, and telephone number;

(2)  Permits the Missouri Ethics Commission to assess reasonable
investigation and defense costs against persons filing complaints
when the commission finds the complaints to be motivated by
malice or reasons contrary to the spirit of the law;

(3)  Makes the complaint a closed record until the commission
completes its investigation and renders its findings and
conclusions;

(4)  Subjects persons or entities who disclose any information
about a complaint while it is still a closed record to a civil
penalty not to exceed $2,500 and, upon conviction, a criminal
penalty not to exceed $2,500 and/or a term of imprisonment not to
exceed one year;

(5)  Changes the language regarding the notice that must be given
to subjects of complaints and commission investigations from
"actual notice" to "notice";

(6)  Changes the body to which subjects of complaints and
commission investigations may appeal commission actions from the
Administrative Hearing Commission to the circuit court of Cole
County; and

(7)  Requires persons requesting to inspect or copy campaign
finance disclosure reports to provide photo identification.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill requires all election
complaints to remain closed records.  This is especially
important because election complaints are often misused as a
campaign tactic.

Testifying for the bill were Representative Cunningham (86); and
Maryland Heights City Council.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that there is no real
increase in complaints filed immediately before an election, and
more complaints are filed for primaries.  In addition, the
Missouri Ethics Commission does not handle Sunshine Law
complaints.

Others testifying on the bill was Missouri Ethics Commission.

Kristina Jenkins, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm