gift ban – Missouri House of Representatives Newsroom

House approves ethics reforms for local officials, open records exemption changes

The Missouri House has voted to enact a number of ethics reforms for local officials, but support for the bill was tempered by an amendment that creates exemptions to the state’s open records, or “Sunshine,” law.

Representatives Nick Schroer (left) offered an amendment adding exemptions to Missouri’s open records law to a bill sponsored by Representative Shamed Dogan that dealt with ethics reform for local officials. (photo; Tim Bommel, Missouri House Communications)

House Bill 445 extends to local officials the ethics policies that state lawmakers and statewide officials are now subject to. It would bar lobbyists from making expenditures for local government officials, superintendents, or members of school boards or charter school governing boards. Such expenditures could also not be made for those officials’ staffs or specific members of their families.

The bill would also keep elected or appointed local officials from becoming lobbyists for two years after leaving office. It would limit to $5 per day the amount a gift to such officials can cost, and cap at $2000 any campaign contributions for municipal, political subdivision, and special district office races.

Bill sponsor Shamed Dogan (R-Ballwin) has proposed that language for several years, based on how he saw local officials being lobbied while he was a city councilman in Ballwin.

“This is simply making sure that that same ethical standard to which we hold ourselves is also going to apply to our local elected officials, who have the same level of public trust, who are also trusted with taxpayer dollars, and who we also expect not to profit from their public service,” said Dogan.

A previous year’s version of Dogan’s bill received 149 votes when the House sent it to the Senate. This year’s version passed out of the House on Thursday, 103-47. Democrats said the lessening of support was due to an amendment to Dogan’s bill that they say “guts” Missouri’s open records law that has been in place since 1973.

“I appreciate [Representative Dogan] and his quest to make Missouri a better place and also improve the perception that people have and the confidence that folks have in their elected officials,” said Kansas City Democrat Jon Carpenter.

“But at the same time I’m going to vote against House Bill 445 today because unfortunately it doesn’t just do those things. It also upends almost five decades of open records and transparency law in this state. In fact almost unquestionably, when this bill passes it’s going to be the most radical undermining of open records and transparency law in state history,” said Carpenter.

The amendment, offered by Representative Nick Schroer (R-O’Fallon), would add to exemptions from the Sunshine law any personal cell phone numbers, social security numbers or home addresses; records of constituent case files including any correspondence between an elected official and a constituent; and any document or record “received or prepared by or on behalf of” an elected or appointed official “consisting of advice, opinions, and recommendations in connection with the deliberative decision-making process of said body.”

“I took a massive interest in trying to protect the integrity of our positions,” said Schroer.

Schroer discussed with Representative Steve Helms (R-Springfield) incidents in the news that he said are the types of things he wants to prevent.

Representative Jon Carpenter and other Democrats said the changes HB 445 would make to Missouri’s open records law go too far. (photo; Tim Bommel, Missouri House Communications

“The Huffington Post ruined an entire family for one person’s tweets, doxing them,” said Schroer.

“So you mean the Huffington Post printed private, personal information out on social media because they disagreed with a tweet that one of the family members made?” asked Helms.

“Correct,” said Schroer. “They accessed personal information just like I am trying to protect here.”

Democrats were largely unmoved by the concerns Schroer cited.

“I believe [Representative Schroer] protests way too much,” said Representative Deb Lavender (D-Kirkwood). “I don’t think the statute we have currently in place allows half of what he’s just told us is sunshineable … I don’t hand out people’s social security numbers. I won’t give addresses. I’m covered in the law that we have today.”

Dogan said he felt the provisions offered by Schroer regarding constituent information were necessary.

“I am concerned about people’s e-mail addresses, phone numbers, other personal information being a part of the public disclosure and us not being able to redact that information really is concerning,” said Dogan. “With that said I’m not sure about the portion that has been the most controversial where it’s talking about all communications. I think that might have been an unintentional kind of overreach, so I’m a little bit concerned about that section and I would be willing to work on toning that language down somewhat.”

Several Republicans voted against HB 445. Dogan said most or all of those were likely opposed to campaign finance limits, which many Republicans believe limit free speech.

Today’s vote sends the legislation to the Senate, where several lawmakers in both parties said they expect it will undergo further revisions.

House votes to send latest lobbyist gift ban proposal to Senate

The Missouri House has for the third straight year proposed a ban on lobbyist gifts to legislators and other elected and appointed officials.

Representative Justin Alferman (photo; Tim Bommel, Missouri House Communications)

The House voted 134-12 Wednesday to send to the Senate House Bill 1303, sponsored by Hermann Republican Justin Alferman. The bill would bar lobbyists from giving gifts to government officials – things such as meals or tickets to concerts or sporting events. It would allow lobbyists to pay for gifts at events in Missouri when all members of the legislature or all statewide officials are invited at least three days before the event.

“We’re trying to alleviate the one-on-one interactions that sometimes have personally consumable items given to individual legislators in the State of Missouri,” said Alferman. “I think it’s important … that we as legislators tackle these tough issues and show the State of Missouri and its citizens that we are capable of handling complex issues like ethics reform.”

The bill specifies what elected and appointed officials could still receive. That includes things like entrance fees to events at which they are participating in a ceremony; flowers or plants as expressions of condolence or congratulations; and plaques or awards. It would also eliminate the requirement that lobbyists report having given such gifts.

Representative Peter Merideth (photo; Tim Bommel, Missouri House Communications)

Democrats wanted to restore those reporting requirements. They also proposed that the bill should include penalties for lawmakers who violate it. Their proposed amendments were rejected last week, though the bill still received broad bipartisan support.

“I do wish that we had included in the bill some provisions of transparency with regard especially to the new exemptions for allowable expenditures that are for individual legislators,” said St. Louis representative Peter Merideth (D). “I also do wish that we had added provisions to make ourselves accountable under this bill … However with that said I still think this is an improvement from current law and so I will be supporting it.”

The vote came a year to the day after the House last voted to send a gift ban proposal to the Senate. Neither that bill nor the one the House approved in 2016 were approved by that chamber.

Missouri House again fast-tracking ban on lobbyist gifts to legislators

Missouri House leadership is working to again make a proposed ban of gifts to lawmakers the first bill of the session to leave that chamber.

Representative Justin Alferman (R-Hermann) is sponsoring House Bill 1303 which is based on the gift ban proposal passed out of the House in 2017. That bill, HB 60, was the first sent out of the House in 2017 but was never voted on in the Missouri Senate.

On Monday two House Committees held hearings on, and voted to pass, HB 1303. It is expected to be debated Wednesday by the full chamber and could be sent to the Senate on Thursday, in keeping with House Speaker Todd Richardson’s (R-Poplar Bluff) statement on the opening day of the session that he expected that bill to be voted out this week.

House Democrats questioned several provisions in the legislation including one that aims to restrict the cost of gifts that would still be allowed under the legislation – things like plaques and awards.

Representative Tracy McCreery (photo; Tim Bommel, Missouri House Communications)

St. Louis Democrat Tracy McCreery was concerned that the language of the bill would lead to fewer items falling under mandatory reporting by lobbyists, instead being included in legislators’ personal financial disclosures. She said those disclosures by legislators are less accessible by the public.

“What I’m trying to do is make sure by fixing one thing we’re not opening up another opportunity for abuse where all of a sudden things are considered to be awards,” said McCreery.

“Honestly, Representative, in dealing with this type of ethics reform it’s always going to be whack-a-mole,” Alferman told McCreery. “Anyone who is decisively trying to circumvent ethics laws is already an unethical person and it’s really hard to be able to think about every which way those type of individuals are going to circumvent the law. I’m trying to capture the 98-percent of problems that will be alleviated with this bill.”

Amendments offered by McCreery and other Democrats were voted down along party lines, but the bill was passed out of the Committee on General Laws 12-0. One Democrat said that even without the changes they wanted to see, the bill would still be an improvement over current law.

HB 1303 would still allow lobbyists to make expenditures to the entire General Assembly – things like a dinner to which every member of the House and Senate are invited. Members would have to have at least 72-hours’ notice before such an event, and it must be held in-state, so that all lawmakers would have the opportunity to attend.

“I just don’t want us to get into a ‘gotcha’ moment for going to something like a Missouri Chamber dinner or something of that nature that we’ve all been invited to. I don’t think anyone’s going to say that there’s an influence being levied at those large events. You don’t have the one-on-one interaction like you do if a lobbyist takes you out for a dinner where 100-percent of their focus is on you,” said Alferman.

Last year’s legislation, HB 60, was passed out of the House 149-5. Alferman expects similarly strong, bipartisan support for HB 1303.

House advances ban on lobbyist gifts to local government and school officials

The state House is close to passing another ethics reform proposal – this one aimed at the influence lobbyists have on local elected officials.

Representative Shamed Dogan has proposed banning lobbyist gifts to local government officials since 2015. (photo; Tim Bommel, Missouri House Communications) — Representative Shamed Dogan has proposed banning lobbyist gifts to local government officials since 2015. In 2016 it was added to a proposed ban on gifts to legislators and statewide elected officials. (photo; Tim Bommel, Missouri House Communications)

House Bill 229 would bar gifts from lobbyists to local government officials, superintendents, school board members, members of charter school boards, and the staff and family members of such people.

The proposal is described as extending to local elected officials the same ethical reforms the House has proposed for members of the legislature and statewide elected officials, most recently in House Bill 60 which was sent to the Senate in January.

“It would simply bring local elected and appointed officials into the same standards that we’ve set for ourselves in terms of banning lobbyists gifts for them,” said the bill’s sponsor, Representative Shamed Dogan (R-Ballwin).

“It clears up the definition of local government lobbyists, which is somewhat murky right now. Not everyone who gives gifts to local government officials right now is required to register as a local government lobbyist, so this requires them to do that,” said Dogan.

The bill originally extended its prohibitions only to governments and school districts with annual operating budgets of more than $10-million. It was amended to remove that cap.

Representative Deb Lavender offers an amendment removing a provision that extended the gift ban only to officials in local governments and school districts with annual operating budgets of $10-million or more. (photo; Tim Bommel, Missouri House Communications)

That amendment was offered by Kirkwood Democrat Deb Lavender.

“I think you can make a case the smaller you are – county, city, town or village – operating with a budget of $10-million or under that, you might actually be more apt to consider taking a gift or have your vote influenced,” said Lavender.

Odessa Republican Glen Kolkmeyer said he is glad the proposal would extend to superintendents, after an incident he said happened in the Wellington-Napoleon School District.

“The superintendent lobbied hard to put in a computerized climate control system in the school. It was a quarter of a million dollars. By the time they paid interest, because they had to finance it, it was a third of a million dollars, for them to use it for two or three years and for the next superintendent to walk in the door and scrap it,” said Kolkmeyer. “I’m glad that this includes school superintendents because I think some of our superintendents are living pretty high on the hog by some of the perks that are given them.”

Dogan said he’s seen similar situations unfold in St. Louis-area school districts.

Dogan has also cited, in promoting his bill, an experience he had while a Ballwin Alderman. He learned the city administrator had accepted World Series tickets from a trash company that had a no-bid contract up for approval with the city.

Just as HB 60 would allow lobbyists to contribute money to events to which all state elected officials and legislators are invited, HB 229 would allow lobbyists to pay for events to which all members of a political subdivision or all members of the General Assembly are invited.

HB 229 has broad bipartisan support. One more favorable vote will send it to the Senate.

Missouri House asked to consider multiple ethics reforms

House lawmakers continue to lay out a slate of proposed ethics reforms they believe would help restore the public’s trust in Missouri’s elected officials.

Representative Kip Kendrick (photo; Tim Bommel, Missouri House Communications)

Columbia Democrat Kip Kendrick presented to the House Committee on General Laws, House Bill 217, an omnibus bill encompassing a series of measures offered by other members of his caucus. He said each proposed reform is based on promises made by candidates during the recent campaign cycle – promises that he says were endorsed by voters based on which candidates made those promises and won.

“There is the appearance, obviously, of corruption. There’s a lack of trust – I believe that we all see it – a lack of trust that the people have in how the processes unfold here at the State Capitol, at the federal level as well,” said Kendrick. “The bill before you, make a strong argument that it’s an aggressive and comprehensive anti-corruption, reform bill.”

Two key provisions would build on work already done by the House toward ethics reform that House Democrats say they want to take farther than earlier proposals. One aims to ban gifts and monetary donations from lobbyists to elected officials.

Kirkwood Democrat Deb Lavender is carrying the Democrats’ version of a proposed gift ban, House Bill 212. She told lawmakers her bill would be tougher than House Bill 60, passed two weeks ago by the House.

Kirkwood Democrat Deb Lavender is carrying the Democrats’ version of a proposed gift ban, House Bill 212. She told lawmakers under House Bill 60, passed two weeks ago by the House, organizations could exploit a provision that lets them provide meals for legislators at events as long as all members of the General Assembly and all state lawmakers are invited.

“I have been invited to a Bar Association Dinner in Kansas City. I’ve now been invited to one in Jefferson City and I’ve been invited to one in St. Louis. A year ago I was invited to the one in St. Louis,” said Lavender. “So as the entire General Assembly has now been invited to all three events, and perhaps more, here is how the Missouri Bar Association is already working around a bill that has passed on our floor; how they can still take you out and buy a meal and report it to the General Assembly so there’s no individual accountability.”

The other provision proposes extending the prohibition on elected or appointed officials or legislators becoming lobbyists from six months to five years after their term has ended, and would apply that to certain legislative staff. It is also found in House Bill 213, sponsored by Representative Joe Adams (D-University City).

“This is what [Governor Eric Greitens] suggested in his campaign as he was running for the office, head of the state, so basically using his words,” said Adams.

Other provisions in HB 217 propose prohibiting any candidates’ committees from transferring their funds to their candidate’s family members; requiring former candidates to dissolve their candidate committees; and letting the Missouri Ethics Commission prosecute criminal cases and initiate civil cases if the state Attorney General declines to pursue either regarding an alleged ethics violation. Those provisions are found in House Bill 214 (Tracy McCreery), House Bill 215 (Mark Ellebracht), House Bill 216 (Crystal Quade), respectively.

Representative Shamed Dogan (photo; Tim Bommel, Missouri House Communications)

Republicans have their own proposals to further reform Missouri ethics laws. Ballwin Representative Shamed Dogan wants to ban gifts from lobbyists to local government officials.

Dogan said such officials are held to a much lower standard than legislators.

“I was an alderman in my city before being elected to this position, and we had a trash contract that was before our city. I subsequently found out, after we’d passed this trash contract on a no-bid basis, that our City Administrator had been lobbied by that trash company by taking him to game seven of the World Series in 2011,” said Dogan of his proposal, House Bill 229.

Republican Tom Hurst (Meta) presented House Bill 150, which would exempt individuals not paid to lobby from having to register or report as a lobbyist.

Hurst said he wants members of the public to know that they can talk to elected officials about issues that concern them without having to file as a lobbyist, and without fear of being prosecuted for failing to file.

“The gray area tends to make people that I talk to wary about what they think happens in this Capitol and what they can do, legally, without getting in any trouble,” said Hurst.

Republican Jean Evans said the bill could raise more issues.

“So what’s to keep someone who’s not registered as a lobbyist, who’s not paid, from, say, giving lavish gifts to a legislator that’s not being reported in order to affect some sort of change in legislation or in order to, say, perhaps influence a decision on procurement whether it’s at the state or local level?” asked Evans.

The committee has not voted on any of those bills.

House Speaker Todd Richardson (R-Poplar Bluff) and other legislative leaders have said ethics reforms would continue to be a priority in the 2017 session.

House makes good on Speaker’s promise: gift ban proposal first out of gate

The Missouri House made good on its speaker’s promise that the first bill it would send to the Senate this year is a proposal to ban gifts from lobbyists to legislators.

Representative Justin Alferman's gift ban proposal garnered more votes than its 2016 version. (photo; Tim Bommel, Missouri House Communications) — Representative Justin Alferman’s gift ban proposal garnered more votes than its 2016 version. (photo; Tim Bommel, Missouri House Communications)

House Bill 60 is sponsored by Hermann Republican Justin Alferman. He said its goal is to ban the giving of, “individually, personally consumable gifts,” to legislators.

“What we are limiting is legislators’ ability to take free things,” said Alferman.

Under the bill, meals to which all members of the General Assembly and all statewide elected officials are invited to and that are held in Missouri with 72-hours’ notice would be allowed.

The bill was amended from its initial version to remove language regarding legislators accepting meals at events at which they speak. Alferman said a review of other state law and the Ethics Commission’s interpretation, that language was found to be unnecessary.

“What we were trying to do was make sure that individuals can still speak to their local chambers or local business organizations and do so as part of a public presentation. We quickly realized that the language that we included was unnecessary and probably was actually a loophole that could have been exploited,” said Alferman.

Other changes in the bill clarify that flowers and plants may be given to legislators as “expressions of condolence or congratulation,” and plaques given by organizations to recognize a lawmaker would be exempted from the ban as well.

The bill goes to the Senate which last year failed to advance a similar proposal. Alferman thinks HB 60 is as likely as it can be to reach Governor Eric Greitens, who he notes has been supportive of a gift ban.

“I think with the added push from [Governor Greitens] and with the dedication of [Senate President Pro Tem Ron Richard] and [Senate Majority Floor Leader Mike Kehoe] and Senator [Bob] Onder, I am confident that it has the best opportunity of passage that it ever has,” said Alferman.

The bill cleared the House with overwhelming bipartisan support, 149-5. Some Democrats did say they hope it will not be the last action the House takes to address ethics, and Alferman said he agrees.

“I think the next one on the plate absolutely should be Representative [Shamed] Dogan’s (R-Ballwin) bill to basically address the lobbyist concern that we have on local governments, that being cities, counties, school boards, school administrators,” said Alferman. “I think that’s probably one of the most under understood and underutilized lobbyist restrictions that we have currently in the state.”

House Speaker Todd Richardson (R-Poplar Bluff) said on the opening day of the session that he wanted a gift ban to be the first bill the House sent the Senate.

House proposal to ban lobbyist gifts advances through first committee

A state House proposal aimed at banning gifts from lobbyists to elected officials has taken its first step toward debate by the full chamber.

Representative Justin Alferman said HB 60 is nearly identical to a gift ban proposal he filed in 2016, which was passed out of the House with 147 votes in favor. (photo; Tim Bommel, Missouri House Communications)

House Bill 60 is sponsored by Hermann Republican Justin Alferman, who presented the legislation to the House Committee on General Laws.

“We are trying to eliminate the undue influence of lobbyists on legislators in the building. That is the individually, personally consumable gifts from lobbyists to legislators,” Alferman told the committee. “These are the one-on-one dinners, these are the press boxes at sporting events in the state. That’s what we’re trying to limit.”

In addition to the prohibitions on expenditures by lobbyists for elected officials, the bill would remove reporting requirements that would not be necessary with a ban in place. It would exempt from those prohibitions flowers and plants, items such as plaques given to lawmakers recognized by an organization, speaking fees, and items that are returned.

The bill would allow lobbyists to provide meals that are offered to all members of the House and Senate as well as all statewide elected officials. Omitted was a requirement that an invite to those elected officials be made in writing at least 72 hours before the event. Alferman said that will be amended into the bill because it is “vital” that it be included.

“What we’re trying to do is alleviate any possibility that you would have, say, ‘Hey guess what, me and six other people in the General Assembly, we’re going out right now and we’ve got a lobbyist who’s paying for it,’ and you send out an email blast and say you know what, ‘We’ll give you five minutes to show up. Well, no one showed up except us. We’re going to report it to the entire General Assembly.’ That’s wrong and I know for a fact that has happened in the past and you’ve had group expenditures for a meal of ten, or five, or less,” said Alferman.

“Giving the 72-hours written notice … to all members of the General Assembly including, but not limited to the attorney general and the auditor, I don’t think any lobbyist is crazy enough to try to circumvent this statute, if enacted, having to send a copy to the attorney general, the chief law enforcement officer of the state,” said Alferman.

Democratic Representatives Tracy McCreery, Lauren Arthur, and Peter Meredith were critical of HB 60 saying it falls short of being an all-out ban of gifts from lobbyists to elected officials. (photo; Tim Bommel, Missouri House Communications)

House Democrats said the proposal falls short of being an absolute ban on lobbyist gifts to elected officials, and called for it to be more restrictive.

“What people campaigned on, what our governor-elect campaigned on, and what has been promised to voters is an outright, complete ban and that’s not what this is,” said Representative Lauren Arthur (D-Kansas City). “This has loopholes that you could drive a truck full of swag through.”

Democrats focused their criticism of House Bill 60 on its exemptions.

Arthur asked whether the exemption for flowers could include a lobbyist paying for flowers for a lawmaker’s wedding.

“Flowers are expensive for a wedding and if a legislator decided, ‘I’m really close friends with this lobbyist. They’re attending my wedding and I’d like to ask them to pay for my flowers,’ that no longer becomes a small expense,” said Arthur.

Alferman said in looking at bans in other states, most have an exemption for flowers and plants, “and I don’t think a single legislator told me that they had a problem or that this was a, ‘exemption you could drive a truck through.’”

St. Louis Democrat Tracy McCreery thinks the bill should include a definition of “speaking engagement,” as it allows lobbyists to continue to provide meals to lawmakers at those. She said a definition would tighten up that exemption.

“I have been at a conference before where the host of the conference set aside time for every elected official in the room to speak for a minute or two so it could qualify,” said McCreery.

Alferman said he took offense at the use of the word, “loophole,” in describing the exemptions in his legislation.

“By implying that it’s a loophole you’re implying that it was done in a devious nature and deliberately and it certainly was not,” said Alferman. “I’m very open to tightening down any of this language to make it better so long as we are actually moving for progress on this and not just trying to hinder the bill’s success.”

Alferman expects the legislation to have a greater chance of passage this year than in 2016 when it cleared the House but not the Senate. That is due in part to support from Governor Eric Greitens, who after being sworn in today signed an executive order aiming to ban lobbyist gifts to members of his staff.

The General Laws Committee voted to pass HB 60 and it next goes to a hearing by the House Rules Committee, Tuesday afternoon at 1:30.

House Speaker Todd Richardson (R-Poplar Bluff) has said he wants a gift ban bill to be the first thing the House sends the Missouri Senate this session.

Gift ban proposal re-filed for 2017; sponsor expects better chance of passage under Governor-Elect Greitens

The sponsor of a key ethics reform proposal that the House passed in 2016 believes it has a stronger chance of becoming law in 2017.

Hermann Republican Justin Alferman filed in 2016 legislation that would ban gifts from lobbyists to state legislators. It passed the Missouri House but did not reach the governor.

Alferman has filed that legislation for the 2017 session and said he expects it to have more vigorous support from the administration of Governor-Elect Eric Greitens.

“Governor [Jay] Nixon’s office didn’t coordinate with myself, didn’t coordinate with [House Speaker Todd Richardson] on any of the ethics bills that he took credit for,” said Alferman. “Governor-Elect Greitens has already called me and I’ve already been in talks with his staff in order to craft a better bill.”

Alferman said the incoming governor’s staff is pleased with the position the House took last year of an all-out ban on gifts, rather than setting a limit.

“The House has proven our position is going to be zero. We can’t even start negotiating on what the final bill’s going to look like until we get it back from the Senate,” said Alferman. “Between infinity and zero … there’s a lot of wiggle room.”

The 2016 bill stalled in the Senate where, Alferman said, some senators worked to defeat it, but he says some among them are no longer in office.

“Having the executive branch that is going to be a major driver in this is going to be extremely helpful in getting this done this year,” said Alferman. “[Senate President Pro Tem Ron Richard and Senate Majority Leader Mike Kehoe] have been extremely helpful in at least giving it floor time last year and getting it to the point that it did.”

The legislature passed and Governor Nixon signed into law three ethics reforms in 2016 – bills that bar elected officials from hiring one another as paid political consultants; bar statewide elected officials, members of the General Assembly, or appointees subject to Senate confirmation from registering as lobbyists until six months after the end of their terms; and limit how long campaign funds can be invested and how they can be used.

Alferman said between those and policies enacted by House leadership to govern how House members and staff behave both in and out of the Capitol, and similar policies in the Senate, the public perception of the legislature should be better than it was four years ago.

“What the speaker has done and set in place has hopefully alleviated any concerns that there are of either sexual harassment or inappropriate workplace dealings that we potentially had in the past.” said Alferman.

Today is the first day legislators can file measures to be considered in the 2017 legislative session.

Update: The 2017 bill is HB 60.