HCS HB 1194 -- ETHICS COMPLAINTS

SPONSOR:  May (Cunningham, 86)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elections
by a vote of 8 to 2.

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 2007, FY 2008, and
FY 2009.

PROPONENTS:  Supporters say that the bill will prevent election
fraud and increase the accountability of those filing election
complaints.  Complaints to the Missouri Ethics Commission should
not be anonymous, because there are abuses of the current system.

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

OPPONENTS:  Those who oppose the bill say that complaints made to
the Missouri Ethics Commission should be public and transparent
even prior to their investigation and resolution.

Testifying against the bill was Missouri Press Association.

OTHERS:  Others testifying on the bill gave information about
election laws.

Others testifying on the bill was Missouri Ethics Commission.

Jason Glahn, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am