Missouri Statute | Act | Code |Public Officers And Employees, Bonds And Records| US Code - US Statute | Chapter 105 Public Officers And Employees--miscellaneous Provisions

USA Statutes : missouri
Title : PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter : Chapter 105 Public Officers and Employees--Miscellaneous Provisions

1. The salary set by sections 21.140, 26.010, 27.010, 28.010,
29.010, 30.010, 105.950, 138.230, 138.235, 138.236, 138.440, 138.445,
217.665, 286.005, 287.615, 386.150, 386.190, 621.015 and 621.055, RSMo,
shall be adjusted on July first of each year and the adjustment shall not
be less than zero.

2. The salary adjustment provided by this section shall not be effective
in any amount in excess of the salary adjustment for the executive
department contained in the pay plan applicable to other state employees
at a similar salary level for that fiscal year. The salary adjustments
provided by this section shall not be effective unless appropriations
necessary to fund the adjustments are approved by the general assembly
and the governor. Each salary adjustment to be approved pursuant to this
section shall be stated in a separate line item of the pertinent
appropriation bill.

3. Each salary adjustment approved pursuant to this section for offices
that have a statutory salary shall be added to the compensation otherwise
provided by law for each office if such, including prior salary
adjustments made pursuant to this section, and the sum of these amounts
shall be the statutory salary of the office for all purposes. Each such
statutory salary shall be included in the pertinent appropriation bill in
the same manner as any other personal service appropriation involving a
statutory salary.

4. The office of administration shall maintain a compensation schedule
for each fiscal year indicating the statutory salary or salary range paid
for each office subject to this section and the salary adjustment
contained in the pay plan applicable to other state employees generally.
The schedule required by this subsection shall be open for public
inspection during the normal business hours of the office of
administration and shall be included annually in the Missouri Register
and an appendix to the Revised Statutes of Missouri. For each office for
which a salary adjustment is approved pursuant to this section, the
revisor of statutes shall place a revisor's note following each section
providing compensation for the office referencing the reader to the
compensation appendix. (L. 1984 S.B. 528 § 2, A.L. 1999 H.B. 368)

*Salary adjustment index is printed in Appendix E--as required by this
section.

Any increase in a statutorily set salary, other than the
adjustment provided for in section 105.005, shall take effect on July
first of the year following the date of enactment unless a specific line
item appropriation to fund the increase has been made prior to that date.
(L. 1999 H.B. 368)

All officers elected or appointed by the authority of the laws
of this state shall hold their offices until their successors are elected
or appointed, commissioned and qualified. (RSMo 1939 § 12820)

Prior revisions: 1929 § 11196; 1919 § 9168; 1909 § 10197

In designating the officer-elect under the provisions of
sections 26.215, 26.220, 26.225, 27.090, 27.095, 27.100, 28.300, 28.305,
28.310, 29.400, 29.405, 29.410, 30.500, 30.505, and 30.510, RSMo, for the
purpose of transition only, the commissioner of administration shall rely
on the voting records in the office of the secretary of state, whether
canvassed or not. Any subsequent election contest shall in no way
invalidate prior expenditures incurred in attempting orderly transition
of government pursuant to the provisions of sections 26.215, 26.220,
26.225, 27.090, 27.095, 27.100, 28.300, 28.305, 28.310, 29.400, 29.405,
29.410, 30.500, 30.505, and 30.510, RSMo. This section shall be
applicable to each officer covered by the provisions of sections 26.215,
26.220, 26.225, 27.090, 27.095, 27.100, 28.300, 28.305, 28.310, 29.400,
29.405, 29.410, 30.500, 30.505, and 30.510, RSMo. (L. 1977 H.B. 493 & 458
§ 6)

The attorney general, prosecuting attorneys, and the circuit
attorney for the city of St. Louis shall be commissioned by the governor,
and shall hold their offices until their successors are elected,
commissioned and qualified. (RSMo 1939 § 12988, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11362; 1919 § 781; 1909 § 1042

Effective 1-2-79

Whenever any vacancy, caused in any manner or by any means
whatsoever, occurs or exists in any state or county office originally
filled by election of the people, other than in the offices of lieutenant
governor, state senator or representative, sheriff, or recorder of deeds
in the city of St. Louis, the vacancy shall be filled by appointment by
the governor except that when a vacancy occurs in the office of county
assessor after a general election at which a person other than the
incumbent has been elected, the person so elected shall be appointed to
fill the remainder of the unexpired term; and the person appointed after
duly qualifying and entering upon the discharge of his duties under the
appointment shall continue in office until the first Monday in January
next following the first ensuing general election, at which general
election a person shall be elected to fill the unexpired portion of the
term, or for the ensuing regular term, as the case may be, and the person
so elected shall enter upon the discharge of the duties of the office the
first Monday in January next following his election, except that when the
term to be filled begins on any day other than the first Monday in
January, the appointee of the governor shall be entitled to hold the
office until such other date. This section shall not apply to vacancies
in county offices in any county which has adopted a charter for its own
government under section 18, article VI of the constitution. Any vacancy
in the office of recorder of deeds in the city of St. Louis shall be
filled by appointment by the mayor of that city. (RSMo 1939 § 11509, A.L.
1955 p. 728, A.L. 1983 S.B. 250, A.L. 1990 S.B. 580)

Prior revisions: 1929 § 10216; 1919 § 4786; 1909 § 5828

Whenever a vacancy in the office of senator of the United States
from this state exists, the governor, unless otherwise provided by law,
shall appoint a person to fill such vacancy, who shall continue in office
until a successor shall have been duly elected and qualified according to
law. (RSMo 1939 § 11510)

Prior revisions: 1929 § 10217; 1919 § 4787

If any vacancy shall happen from any cause in the office of the
attorney general, circuit attorney, prosecuting attorney or assistant
prosecuting attorney, the governor, upon being satisfied that such
vacancy exists, shall appoint some competent person to fill the same
until the next regular election for attorney general, prosecuting
attorney or assistant prosecuting attorney, as the case may be; provided,
in the case of a vacancy in the office of prosecuting attorney, if there
is no qualified person in the county who can or will accept such
appointment, then the governor may appoint any person who possesses all
the qualifications set forth in section 56.010, RSMo, except the
qualification as to residence. (RSMo 1939 § 12989, A.L. 1947 V. I p. 217)

Prior revisions: 1929 § 11363; 1919 § 782; 1909 § 1043

1. No supervisor or appointing authority of any state agency
shall prohibit any employee of the agency from discussing the operations
of the agency, either specifically or generally, with any member of the
legislature, state auditor, attorney general, or any state official or
body charged with investigating such alleged misconduct.

2. No supervisor or appointing authority of any state agency shall:

(1) Prohibit a state employee from or take any disciplinary action
whatsoever against a state employee for the disclosure of any alleged
prohibited activity under investigation or any related activity, or for
the disclosure of information which the employee reasonably believes
evidences:

(a) A violation of any law, rule or regulation; or

(b) Mismanagement, a gross waste of funds or abuse of authority, or a
substantial and specific danger to public health or safety, if the
disclosure is not specifically prohibited by law; or

(2) Require any such employee to give notice to the supervisor or
appointing authority prior to making any such report.

3. This section shall not be construed as:

(1) Prohibiting a supervisor or appointing authority from requiring that
an employee inform the supervisor or appointing authority as to
legislative requests for information to the agency or the substance of
testimony made, or to be made, by the employee to legislators on behalf
of the employee to legislators on behalf of the agency;

(2) Permitting an employee to leave the employee's assigned work areas
during normal work hours without following applicable rules and
regulations and policies pertaining to leaves, unless the employee is
requested by a legislator or legislative committee to appear before a
legislative committee;

(3) Authorizing an employee to represent the employee's personal opinions
as the opinions of a state agency; or

(4) Restricting or precluding disciplinary action taken against a state
employee if: the employee knew that the information was false; the
information is closed or is confidential under the provisions of the open
meetings law or any other law; or the disclosure relates to the
employee's own violations, mismanagement, gross waste of funds, abuse of
authority or endangerment of the public health or safety.

4. As used in this section, "disciplinary action" means any dismissal,
demotion, transfer, reassignment, suspension, reprimand, warning of
possible dismissal or withholding of work, whether or not the withholding
of work has affected or will affect the employee's compensation.

5. Any employee may file an administrative appeal whenever the employee
alleges that disciplinary action was taken against the employee in
violation of this section. The appeal shall be filed with the state
personnel advisory board; provided that the appeal shall be filed with
the appropriate agency review board or body of nonmerit agency employers
which have established appeal procedures substantially similar to those
provided for merit employees in subsection 5 of section 36.390, RSMo. The
appeal shall be filed within thirty days of the alleged disciplinary
action. Procedures governing the appeal shall be in accordance with
chapter 36, RSMo. If the board or appropriate review body finds that
disciplinary action taken was unreasonable, the board or appropriate
review body shall modify or reverse the agency's action and order such
relief for the employee as the board considers appropriate. If the board
finds a violation of this section, it may review and recommend to the
appointing authority that the violator be suspended on leave without pay
for not more than thirty days or, in cases of willful or repeated
violations, may review and recommend to the appointing authority that the
violator forfeit the violator's position as a state officer or employee
and disqualify the violator for appointment to or employment as a state
officer or employee for a period of not more than two years. The decision
of the board or appropriate review body in such cases may be appealed by
any party pursuant to law.

6. Each state agency shall prominently post a copy of this section in
locations where it can reasonably be expected to come to the attention of
all employees of the agency.

7. (1) In addition to the remedies in subsection 6 of this section, a
person who alleges a violation of this section may bring a civil action
for damages within ninety days after the occurrence of the alleged
violation.

(2) A civil action commenced pursuant to this subsection may be brought
in the circuit court for the county where the alleged violation occurred,
the county where the complainant resides, or the county where the person
against whom the civil complaint is filed resides.

(3) An employee must show by clear and convincing evidence that he or she
or a person acting on his or her behalf has reported or was about to
report, verbally or in writing, a prohibited activity or a suspected
prohibited activity.

(4) A court, in rendering a judgment in an action brought pursuant to
this section, shall order, as the court considers appropriate, actual
damages, and may also award the complainant all or a portion of the costs
of litigation, including reasonable attorney fees. (L. 1987 H.B. 659 § 1,
A.L. 1993 S.B. 180, A.L. 2000 S.B. 788, A.L. 2004 H.B. 1548)

No state agency and no state official, including the joint
committee on legislative research and the oversight division, shall, by
agency policy, executive order, ethics codes or any other means, prohibit
any state employee from communicating with the state auditor or his or
her state representative or state senator, nor shall such agency or
official require any such employee to provide any record or other
information regarding any communications with the state auditor or his or
her state representative or state senator, except when such
communications are directly related to the primary employment duties of
such employee. (L. 1998 H.B. 927 § 1, A.L. 2000 S.B. 788)

Whenever money shall come to the hands of any officer, except
only the state treasurer and county treasurer, on account of fines,
penalties, forfeitures and judgments in favor of the state or any county,
such officer shall state and settle the account thereof before the court
under whose authority the money was received, or on whose writs, records
or proceedings the same accrued, at the first regular term after the
receipt of the money, in the same manner as is required of sheriffs.
(RSMo 1939 § 11224, A. 1949 H.B. 2046)

Prior revisions: 1929 § 9993; 1919 § 12983; 1909 § 11535

CROSS REFERENCE: Collector and other county officers to settle with
court--penalty for delinquency, RSMo 50.390 to 50.440

Whenever the courts shall make such settlement with any officer,
the substance thereof shall be entered on record, so as to show
separately the whole amount received by such officer, the amount of
commissions allowed to him by law for collection, how much remains due to
the state, and how much to the county, on what account each sum of money
was received, and to what particular fund, if any, it belongs. (RSMo 1939
§ 11225)

Prior revisions: 1929 § 9994; 1919 § 12984; 1909 § 11536

Whenever any such settlement shall be made, the court shall
cause duplicate copies of the record thereof to be certified and
delivered, one to the county treasurer and the other to the clerk of the
county commission, and the county treasurer shall be charged by the clerk
of the county commission with the sums appearing thereby to be due to the
state and to the county, respectively. (RSMo 1939 § 11226)

Prior revisions: 1929 § 9995; 1919 § 12985; 1909 § 11537

All officers who shall have made settlements with the courts
shall forthwith pay the county treasurer the full amount with which they
stand charged on such settlement; in default thereof the county treasurer
shall enforce the payment in the manner and by the means prescribed in
sections 105.110 and 105.120. (RSMo 1939 § 11227)

Prior revisions: 1929 § 9996; 1919 § 12986; 1909 § 11538

Whenever the county treasurer shall receive the amount due from
any such officer, by voluntary payment or by sale of goods, he shall give
such officer duplicate receipts for the same, stating therein the whole
amount received, how much for the state and how much for the county, and
the particular fund, if any, to which the same belongs, and the officer
taking such receipt shall, without delay, deposit one of them with the
clerk of the county commission. (RSMo 1939 § 11228)

Prior revisions: 1929 § 9997; 1919 § 12987; 1909 § 11539

Every officer required by any law to make settlement with the
respective courts, and pay over to the county treasurer, who shall fail
to settle his accounts in the time and manner prescribed, may be
attached, and unless good cause be shown, may be imprisoned until such
settlement shall be made to the satisfaction of the court to which he is
accountable. (RSMo 1939 § 11229)

Prior revisions: 1929 § 9998; 1919 § 12988; 1909 § 11540

Every such officer who shall fail to pay the amount found due
from him on such settlement, and who shall be returned by the collector
to the county commission as a delinquent, so that the collector shall be
credited in his account with the amount of delinquency, shall forfeit
five percent per month upon the amount due from the time it ought to have
been paid until collected, which may be recovered by suit upon his
official bond or otherwise according to law. (RSMo 1939 § 11230)

Prior revisions: 1929 § 9999; 1919 § 12989; 1909 § 11541

The several county commissions shall at each regular term cause
the county treasurer to settle his accounts of all moneys received by him
from clerks, sheriffs, recorders and other officers on account of fines,
penalties and judgments, and settlement shall be entered of record so as
to show what is due to the state and the county, respectively, from what
officer received, from what branch of the revenue, and the particular
fund, if any, to which the same belongs. (RSMo 1939 § 11231)

Prior revisions: 1929 § 10000; 1919 § 12990; 1909 § 11542

It shall be the duty of the town, city and county officers in
this state, when called upon by the state auditor to do so, to report, on
blanks furnished by the state auditor, statistical information concerning
dramshops, wine and beer saloons, costs in criminal cases, salaries paid
county officers, costs of assessing and collecting the revenue, the debts
of counties and cities, and such other information as will be of general
interest when published. The state auditor shall prepare and cause to be
printed proper blanks for carrying the provisions of this section into
effect, and shall supply the proper officers with such blanks once in
each year; and the officer required to fill up said blanks shall do so
within thirty days, and forward the same to the state auditor, who shall
tabulate the information, and publish such part of the same in his
biennial report to the general assembly as he may deem of importance. Any
person failing or refusing to comply with the provisions of this section
shall be deemed guilty of a misdemeanor, and on conviction shall be fined
in any sum not less than twenty dollars nor more than one hundred
dollars. (RSMo 1939 § 11457)

Prior revisions: 1929 § 10165; 1919 § 12667; 1909 § 11230

CROSS REFERENCE: Public officials shall permit audit--penalty for
refusal, RSMo 26.070, 26.080

1. The following definitions shall be applied to the terms used
in this section:

(1) "Governing body", the board, body, or persons in which the powers of
a political subdivision as a body corporate, or otherwise, are vested;

(2) "Political subdivision", any agency or unit of this state, except
counties and school districts, which now is, or hereafter shall be,
authorized to levy taxes or empowered to cause taxes to be levied.

2. The governing body of each political subdivision in the state shall
cause to be prepared an annual report of the financial transactions of
the political subdivision in such summary form as the state auditor shall
prescribe by rule, except that the annual report of political
subdivisions whose cash receipts for the reporting period are ten
thousand dollars or less shall only be required to contain the cash
balance at the beginning of the reporting period, a summary of cash
receipts, a summary of cash disbursements and the cash balance at the end
of the reporting period.

3. Within such time following the end of the fiscal year as the state
auditor shall prescribe by rule, the governing body of each political
subdivision shall cause a copy of the annual financial report to be
remitted to the state auditor.

4. The state auditor shall immediately on receipt of each financial
report acknowledge the receipt of the report.

5. In any fiscal year no member of the governing body of any political
subdivision of the state shall receive any compensation or payment of
expenses after the end of the time within which the financial statement
of the political subdivision is required to be filed with the state
auditor and until such time as the notice from the state auditor of the
filing of the annual financial report for the fiscal year has been
received.

6. The state auditor shall prepare sample forms for financial reports and
shall mail the same to the political subdivisions of the state. Failure
of the auditor to supply such forms shall not in any way excuse any
person from the performance of any duty imposed by this section.

7. All reports or financial statements hereinabove mentioned shall be
considered to be public records. (L. 1965 p. 227 §§ 1 to 10, A.L. 1983
S.B. 88)

It shall not be lawful for the state treasurer or auditor, or
any state officer or any clerk or employee of the state, to deal in any
of the stocks or indebtedness of the state, at less than their par value,
or any claim against the state, or to prosecute any claim against the
state, under pain of forfeiting his office or place. (L. 1945 p. 1977 §
27)

Whenever any official or employee of the state of Missouri,
county or any municipal corporation of the state of Missouri shall
authorize in writing, the commissioner of administration in case such
person is a state officer or employee, or the disbursing officer of the
county or municipal corporation in case such person is an officer or
employee of a county or municipal corporation, to withhold a specified
portion of his salary or compensation, for the purpose of purchasing
United States series "E" savings bonds, said commissioner of
administration or disbursing officer, as the case may be, may withhold
such sum from the salary or compensation of such officer or employee for
the period and in the amount stated in the authorization, and issue a
warrant therefor payable to such officer or employee, to be endorsed by
the commissioner of administration or his authorized agent in case the
officer or employee is paid out of the state treasury, and endorsed by
the disbursing agent of the county or municipal corporation in case the
officer or employee is paid out of the county or municipal corporation
treasury, each and every pay period until canceled as provided in section
105.180. (L. 1943 p. 332 § 1, A. 1949 H.B. 2046)

The commissioner of administration or the disbursing officer of
the county or municipal corporation, as the case may be, shall use such
funds for purchasing United States series "E" savings bonds of the
smallest denomination issued by the United States government, whenever
any person shall have a sufficient sum of such withheld funds to buy such
bond, and immediately deliver the bond to the person entitled thereto, or
mail the same to the same address designated in the authorization. (L.
1943 p. 332 § 2, A. 1949 H.B. 2046)

1. The commissioner of administration or disbursing officer of
the county or municipal corporation, as the case may be, shall cease to
withhold any of the above mentioned funds from any of said salaries or
compensations under said authorization upon

(1) Termination of employment;

(2) Written notice of cancellation of such authorization or the allotment
thereunder;

(3) Termination of the allotment arrangement by the commissioner of
administration or disbursing officer of the county or municipal
corporation as the case may be.

2. Upon such termination the money, if any, so allotted, which has not
been invested in bonds shall be immediately remitted to the official or
employee from whose salary or compensation such money has been withheld.
(L. 1943 p. 332 § 3, A. 1949 H.B. 2046)

The commissioner of administration or the disbursing officer of
a county or municipal corporation shall not incur any liability under the
bonds required of them as such officials, on account of the duties
imposed upon them under sections 105.160 to 105.200. (L. 1943 p. 332 § 4,
A. 1949 H.B. 2046)

Any sum withheld by the commissioner of administration or the
disbursing officer of a county or municipal corporation, as the case may
be, under authorization for purchase of such United States series "E"
savings bonds shall be represented by a warrant drawn by the commissioner
of administration, or disbursing officer of a county or municipal
corporation, as the case may be, to the official or employee, and
endorsed by the commissioner of administration or his authorized agent,
or the disbursing officer of the county or municipal corporation, as the
case may be, and as provided in such authorization. (L. 1943 p. 332 § 5,
A. 1949 H.B. 2046)

1. The office of administration shall develop a flexible benefit
plan for all state employees. The objectives of the plan shall be to:

(1) Allow employees to customize their benefit selection;

(2) Maximize equity in benefits among state employees; and

(3) Deliver benefits to state employees in the most cost-effective manner
possible.

2. The office of administration shall seek input from all departments and
the general assembly to determine which benefits would be appropriate and
prudent to include within the plan.

3. Nothing in this act* shall be construed to authorize the
implementation of said plan. (L. 1995 S.B. 410 § 1)

*"This act" (S.B. 410, 1995) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. Notwithstanding any provision of law to the contrary, the
commissioner of administration shall, subject to appropriations,
establish and maintain a flexible benefit plan for employees of the state
of Missouri. Such a plan shall permit employees to select certain
specified employee benefit options based on an amount appropriated for
each employee and the cost of each benefit. The plan shall provide that
employees shall maintain a minimum level of health care and retirement
benefits. The plan may allow any employee to select a combination of
benefit options with a cost greater than the amount appropriated for such
employee; provided that, the employee pays the additional cost difference
through payroll deduction or salary reduction. Benefit options offered
through the flexible benefit plan may include, but are not limited to,
medical coverage, life insurance, dental plans, vision plans and plans
for retirement savings.

2. The plan established pursuant to subsection 1 of this section shall be
submitted to the general assembly and shall take effect thirty days after
submission, unless such plan is disapproved by a concurrent resolution
adopted by a majority vote of the respective members of the house and
senate. (L. 1996 H.B. 1208)

In all cases where, by the common law or a statute of this
state, any officer is authorized to execute any process, he may call to
his aid all male inhabitants above the age of twenty-one years in the
county in which the officer is authorized to act. (RSMo 1939 § 12821)

Prior revisions: 1929 § 11197; 1919 § 9169; 1909 § 10198

If any civil or military officer of this state shall, by any
official act, cause any person or persons, subject to his order or
control, to render services or to expend time or money in the performance
of any service not authorized by the laws of the land, the officer
directing, ordering or compelling the performance of such unauthorized
service shall be liable to the person or persons performing such service
for the amount of all expenses they may incur or time lost in the
performance of the same, and shall also be liable to any person, body
politic or corporate, for any injury which may be sustained in
consequence of such unlawful or unauthorized procedure; and the same
shall be recoverable before any magistrate or other court having
competent jurisdiction. Nothing contained in sections 105.010 or 105.210
to 105.240 shall extend to judicial officers when acting judicially.
(RSMo 1939 § 12823)

Prior revisions: 1929 § 11199; 1919 § 9172; 1909 § 10201

Every officer may break open doors and enclosures to execute a
warrant or other process for the arrest of any person, or to levy an
execution, or execute an order for the delivery of personal property, if,
upon public demand and an announcement of his official character, they be
not opened. (RSMo 1939 § 12824)

Prior revisions: 1929 § 11200; 1919 § 9173; 1909 § 10202

All laws requiring any officer of any county to perform any
duty, service, or trust under the laws of this state shall include all
corresponding city officers named in the charter and scheme of separation
for the government of the city and county of St. Louis. (RSMo 1939 §
15745)

Prior revision: 1929 § 14797

CROSS REFERENCE: City of St. Louis to be included in term "county", when,
RSMo 1.080

1. As a condition of continued employment with the state of
Missouri, all persons employed full time, part time, or on a temporary or
contracted basis by the executive, legislative, or judicial branch shall
file all state income tax returns and pay all state income taxes owed.

2. Each chief administrative officer or their designee of each division
of each branch of state government shall at least one time each year
check the status of every employee within the division against a database
developed by the director of revenue to determine if all state income tax
returns have been filed and all state income taxes owed have been paid.
The officer or designee shall notify any employee if the database shows
any state income tax return has not been filed or taxes are owed under
that employee's name or taxpayer number. Upon notification, the employee
will have forty-five days to satisfy the liability or provide the officer
or designee with a copy of a payment plan approved by the director of
revenue. To satisfy this section, any approved payment plan shall be in
the form of a payroll deduction. Failure to satisfy the liability or
provide a copy of the approved payroll deduction payment plan within the
forty-five days will result in immediate dismissal of the employee from
employment by the state. Nothing in this subsection shall prohibit the
director of revenue from approving modifications to an approved payroll
deduction payment plan for good cause; however, if an employee
voluntarily suspends or terminates an approved payroll deduction without
the agreement of the director of revenue before the tax liability is
satisfied, then the employee shall be in violation of this section and
shall be immediately dismissed as an employee of this state.

3. The chief administrative officer of each division of the general
assembly or their designee shall at least one time each year provide the
name and Social Security number of every member of the general assembly
to the director of revenue to determine if all state income tax returns
have been filed and all state income taxes owed have been paid. The
director shall notify any member of the general assembly if the database
shows any state income tax return has not been filed or taxes are owed
under that member's name or taxpayer number. Upon notification, the
member will have forty-five days to satisfy the liability or provide the
director with a copy of a payment plan approved by the director of
revenue. To satisfy this section, any approved payment plan shall be in
the form of a payroll deduction. Failure to satisfy the liability or
provide a copy of the approved payroll deduction payment plan within the
forty-five days will result in the member's name being submitted to the
appropriate ethics committee for disciplinary action deemed appropriate
by the committee. Nothing in this subsection shall prohibit the director
of revenue from approving modifications to an approved payroll deduction
payment plan for good cause; however, if a member voluntarily suspends or
terminates an approved payroll deduction without the agreement of the
director of revenue before the tax liability is satisfied, then the
member shall be in violation of this section and the member's name shall
be immediately submitted to the appropriate ethics committee for
disciplinary action deemed appropriate by the committee.

4. The chief administrative officer of each division of the judicial
branch or their designee shall at least one time each year provide the
name and Social Security number of every elected or appointed member of
the judicial branch to the director of revenue to determine if all state
income tax returns have been filed and all state income taxes owed have
been paid. The director shall notify any member if the database shows any
state income tax return has not been filed or taxes are owed under that
member's name or taxpayer number. Upon notification, the member will have
forty-five days to satisfy the liability or provide the director with a
copy of a payment plan approved by the director of revenue. To satisfy
this section, any approved payment plan shall be in the form of a payroll
deduction. Failure to satisfy the liability or provide a copy of the
approved payroll deduction payment plan within the forty-five days will
result in the member's name being submitted to the appropriate ethics
body for disciplinary action deemed appropriate by that body. Nothing in
this subsection shall prohibit the director of revenue from approving
modifications to an approved payroll deduction payment plan for good
cause; however, if a member voluntarily suspends or terminates an
approved payroll deduction without the agreement of the director of
revenue before the tax liability is satisfied, then the member shall be
in violation of this section and the member's name shall be immediately
submitted to the appropriate ethics body for disciplinary action deemed
appropriate by that body.

5. The director of revenue shall at least one time each year check the
status of every statewide elected official against a database developed
by the director to determine if all state income tax returns have been
filed and all state income taxes owed have been paid. The director shall
notify any elected official if the database shows any state income tax
return has not been filed or taxes are owed under that official's name or
taxpayer number. Upon notification, the official will have forty-five
days to satisfy the liability or agree to a payment plan approved by the
director of revenue. To satisfy this section, any approved payment plan
shall be in the form of a payroll deduction. Failure to satisfy the
liability or agree to the approved payroll deduction payment plan within
the forty-five days will result in the official's name being submitted to
the state ethics commission. Nothing in this subsection shall prohibit
the director of revenue from approving modifications to an approved
payroll deduction payment plan for good cause; however, if an official
voluntarily suspends or terminates an approved payroll deduction without
the agreement of the director of revenue before the tax liability is
satisfied, then the official shall be in violation of this section and
the official's name shall be immediately submitted to the state ethics
commission. (L. 2003 H.B. 600 § 1, A.L. 2005 S.B. 367)

Effective 1-1-06

All officers and employees of this state, or of any department
or agency thereof, all members of state retirement systems, and all other
public employees of this state who are entitled to life insurance
benefits as a state employee or a member of a state retirement system,
and who are or become members of the United States Armed Forces or the
national guard and who are called to military service under competent
orders from the appropriate military authority in time of active armed
warfare shall be entitled to such life insurance benefits for the entire
duration of such military deployment, including time periods in excess of
twelve months, subject to the terms and conditions of any life insurance
policy that may be in place to provide such coverage. Such persons shall
be required to pay the cost of such coverage. (L. 2005 H.B. 119)

Effective 7-13-05

1. Any employee of the state of Missouri, its departments or
agencies shall be granted a leave of absence for the time specified for
the following purposes:

(1) Five workdays to serve as a bone marrow donor if the employee
provides his or her employer with written verification that he or she is
to serve as a bone marrow donor;

(2) Thirty workdays to serve as a human organ donor if the employee
provides his or her employer with written verification that he or she is
to serve as a human organ donor.

2. An employee who is granted a leave of absence pursuant to this section
shall receive his or her base state pay without interruption during the
leave of absence. For purposes of determining seniority, pay or pay
advancement and performance awards and for the receipt of any benefit
that may be affected by a leave of absence, the service of the employee
shall be considered uninterrupted by the leave of absence.

3. The employer shall not penalize an employee for requesting or
obtaining a leave of absence according to this section.

4. The leave authorized by this section may be requested by the employee
only if the employee is the person who is serving as the donor. (L. 2001
H.B. 679)

1. Except as otherwise provided in this subsection, any employee
of an agency of the state of Missouri, who has been certified by the
American Red Cross or certified by a volunteer organization with a
disaster service commitment recognized by the state emergency management
agency as a disaster service volunteer, may be granted leave from work
with pay to participate in specialized disaster relief services for the
American Red Cross or such volunteer organization, not to exceed a total
of twenty-five full-time equivalent state employees for a total of one
hundred twenty work hours in any fiscal year for each full-time
equivalent employee. The employee shall be released from work to
participate in specialized disaster relief services upon request from an
authorized representative of the American Red Cross or such volunteer
organization for such employee and upon the approval of such employee's
appointing authority. The appointing authority shall compensate an
employee granted leave pursuant to this section at the employee's regular
rate of pay for regular work hours during which the employee is absent
from the employee's regular place of employment for the state of
Missouri. Any leave granted pursuant to this section shall not affect the
employee's leave status.

2. Before any payment of salary is made covering the period of the leave,
the authorized representative of the American Red Cross or such volunteer
organization, pursuant to subsection 1 of this section, shall file with
the appointing authority or supervising agency evidence that such
employee participated in specialized disaster relief services during the
time such leave pay is granted.

3. No certified disaster service volunteer shall be discharged from
employment because of such person's status as a certified disaster
service volunteer nor shall such employee be discriminated against or
dissuaded from volunteering or continuing such service as a certified
disaster relief volunteer. For the purposes of this section, the term
"certified disaster volunteer" means a person who has completed the
necessary training for, and has been certified as, a disaster service
specialist by the American Red Cross or such volunteer organization,
pursuant to subsection 1 of this section.

4. Upon written order of the governor, additional employees, not to
exceed twenty-five full-time equivalent state employees, may be granted
leave pursuant to this section to participate in specialized disaster
relief services for disasters occurring within this state. (L. 1995 H.B.
80, A.L. 1999 H.B. 368, A.L. 2003 S.B. 426, A.L. 2005 S.B. 71)

1. During school years 1999-2000 through 2001-02 any employee of
the state of Missouri who works in a metropolitan school district or an
urban school district containing the greater part of the population of a
city which has more than three hundred thousand inhabitants and who is a
volunteer tutor in a formal tutoring or mentoring pilot program in
language arts at a public elementary school in such district may be
granted leave from the employee's duties, without loss of time, pay,
regular leave, impairment of efficiency rating or any other rights or
benefits to which such person would otherwise be entitled for periods
during which such person is engaged in such volunteer tutoring activities
at a public elementary school. Leave for such volunteer tutoring
activities shall not be granted in excess of one-half of the hours spent
tutoring, for activities conducted at times outside of the employee's
normal work day, for more than forty hours in any one calendar year, or
more than two hours in any one day. The principal of the school shall
give such an employee a signed statement by such principal verifying the
time such employee was engaged in such tutoring activities.

2. To be eligible to participate in a volunteer tutoring program as
provided in subsection 1 of this section, the employee shall:

(1) Be a full-time state employee with a performance appraisal of highly
successful or outstanding;

(2) Have the approval of the employee's supervisor or supervisors;

(3) Not be absent during heavy workload periods or create scheduling
conflicts with other state employees or result in any overtime hours for
the employee or other state employees;

(4) Establish a set schedule, including traveling time to the school,
which shall not be for more than two hours per day or more than one day
per week; and

(5) Submit the statement issued by the principal verifying the time the
employee was engaged in volunteer tutoring activities.

3. Every state agency that has state employees participating in a formal
tutoring or mentoring program as provided in subsection 1 of this section
shall submit a summary of the statements received pursuant to subdivision
(5) of subsection 2 of this section to the Missouri community service
commission, created in section 26.605, RSMo. Such summary shall include
the number of employees participating, the number of hours that all
participants engaged in volunteer tutoring and a list of the schools
where the employees volunteered.

4. The Missouri community service commission shall submit an annual
report to the general assembly with the names of the state agencies
submitting the summaries required by subsection 3 of this section and a
compilation of all the information contained on such summaries.

5. The school board of a participating district shall evaluate the
programs and make recommendations to the general assembly by December 15,
2001, on the continuance, expansion or termination of the programs and
any recommended changes to the programs.

6. The provisions of this section shall expire on June 30, 2002. (L. 1999
H.B. 889 § 4)

Expires 6-30-02

1. Any metropolitan school district may allow retired teachers
to teach in said metropolitan school district for up to four years
without losing his or her retirement benefits or to teach or be an
administrator in a charter school established pursuant to sections
160.400 to 160.420, RSMo, in said metropolitan school district without
losing his or her retirement benefits. Said retired teacher need not be
in the teacher's salary scale. Said metropolitan school district shall
place an emphasis on hiring retired teachers to teach in areas that
include but are not limited to, improving student reading, which may
include elementary remedial reading and the "Read to be Ready Program" as
established under this act, math, science and special education.

2. The department of elementary and secondary education shall adopt rules
to implement the provisions of this section.

3. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section and section 167.640, RSMo, shall become effective only if it
complies with and is subject to all of the provisions of chapter 536,
RSMo, and, if applicable, section 536.028, RSMo. This section and section
167.640, RSMo, and chapter 536, RSMo, are nonseverable and if any of the
powers vested with the general assembly pursuant to chapter 536, RSMo, to
review, to delay the effective date or to disapprove and annul a rule are
subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 1999, shall
be invalid and void. (L. 1999 H.B. 889 § 5, subsec. 7, A.L. 2001 H.B. 660)

1. All officers and employees of this state, or of any
department or agency thereof, or of any county, municipality, school
district, or other political subdivision, and all other public employees
of this state who are or may become members of the national guard or of
any reserve component of the armed forces of the United States, shall be
entitled to leave of absence from their respective duties, without loss
of time, pay, regular leave, impairment of efficiency rating, or of any
other rights or benefits, to which otherwise entitled, for all periods of
military services during which they are engaged in the performance of
duty or training in the service of this state at the call of the governor
and as ordered by the adjutant general without regard to length of time,
and for all periods of military services during which they are engaged in
the performance of duty in the service of the United States under
competent orders for a period not to exceed a total of one hundred twenty
hours in any federal fiscal year.

2. Before any payment of salary is made covering the period of the leave
the officer or the employee shall file with the appointing authority or
supervising agency an official order from the appropriate military
authority as evidence of such duty for which military leave pay is
granted which order shall contain the certification of the officer or
employee's commanding officer of performance of duty in accordance with
the terms of such order.

3. No member of the organized militia shall be discharged from employment
by any of the aforementioned agencies because of being a member of the
organized militia, nor shall he be hindered or prevented from performing
any militia service he may be called upon to perform by proper authority
nor otherwise be discriminated against or dissuaded from enlisting or
continuing his service in the militia by threat or injury to him in
respect to his employment. Any officer or agent of the aforementioned
agencies violating any of the provisions of this section is guilty of a
misdemeanor.

4. Notwithstanding the provisions of any other administrative rule or law
to the contrary, any person entitled to military leave pursuant to the
provisions of subsection 1 of this section shall only be charged military
leave for any hours which that person would otherwise have been required
to work had it not been for such military leave. The minimum charge for
military leave shall be one hour and additional charges for military
leave shall be in multiples of the minimum charge. (L. 1955 p. 737 §§ 1,
2, A.L. 1975 H.B. 103, A.L. 1977 H.B. 384, A.L. 1982 S.B. 715, A.L. 2002
H.B. 1822)

1. An adoptive parent who is employed by the state of Missouri,
its departments, agencies, or political subdivisions, may use his or her
accrued sick leave, annual leave, or the same leave without pay granted
to biological parents to take time off for purposes of arranging for the
adopted child's placement or caring for the child after placement. The
employer shall not penalize an employee for requesting or obtaining time
off according to this section.

2. A stepparent, as defined in section 453.015, RSMo, who is employed by
the state of Missouri, its departments*, agencies, or political
subdivisions, may use his or her accrued sick leave, annual leave or the
same leave without pay granted to biological parents to take time off to
care for his or her stepchild. The employer shall not penalize an
employee for requesting or obtaining time off according to this section.

3. The leave authorized by this section may be requested by the employee
only if the employee is the person who is primarily responsible for
furnishing the care and nurture of the child. (L. 1987 H.B. 774 § 1, A.L.
1998 H.B. 1918)

*Word "department" appears in original rolls.

1. As used in this section, the term "governmental entity" shall
include the state of Missouri and all political subdivisions of the state
of Missouri. The term "employees" shall include all persons employed by a
governmental entity and all elected and appointed officials of a
governmental entity. The term "expenses" shall refer only to expenses
actually and necessarily incurred by an employee in the performance of
the official business of the governmental entity.

2. If a governmental entity elects to pay expenses incurred by its
employees, then prior to May 1, 1995, the governing body of the
governmental entity shall provide, by enactment of a statute, rule, order
or ordinance, a system whereby all employees of the governmental entity
shall submit a voucher of their expenses which has been certified by the
employee as being true and correct. The governing body of each
governmental entity shall designate one employee of the governmental
entity to whom the vouchers of expenses of all employees of the
governmental entity shall be submitted. The designated employee shall be
responsible for reviewing such vouchers of expenses and for ensuring
reimbursement of only those expenses of employees properly incurred.

3. Governmental entities may authorize cash advances in particular
instances when the projected expenses to be incurred by particular
employees would pose a financial burden on such employees. If such an
advance is authorized, then the voucher for the expenses actually and
necessarily incurred and the balance of the advance remaining after the
expenditures shall be submitted to a designated employee as provided in
subsection 2 of this section, within ten days after such expenses are
actually incurred. (L. 1993 H.B. 551 & 552 § 3, A.L. 1994 H.B. 1699)

As used in sections 105.273 to 105.278

(1) "Public security" means a bond, note, certificate of indebtedness, or
other obligation for the payment of money, issued by this state or by any
of its departments, agencies or other instrumentalities or by any of its
political subdivisions;

(2) "Instrument of payment" means a check, draft, warrant or order for
the payment, delivery or transfer of funds;

(3) "Authorized officer" means any official of this state or any of its
departments, agencies, or other instrumentalities or any of its political
subdivisions whose signature to a public security or instrument of
payment is required or permitted;

(4) "Facsimile signature" means a reproduction by engraving, imprinting,
stamping, or other means of the manual signature of an authorized officer;

(5) "Contract", means any contract executed by a political subdivision of
this state and approved by the governing body of the political
subdivision. (L. 1959 S.B. 119 § 1, A.L. 1998 S.B. 680)

CROSS REFERENCES: Governor, use of facsimile signature, RSMo 26.101
Secretary of state, use of facsimile signature, RSMo 28.095

Any authorized officer, after filing with the secretary of state
his or her manual signature certified by such officer under oath, may
execute or cause to be executed with a facsimile signature in lieu of his
or her manual signature:

(1) Any public security, provided that at least one signature required or
permitted to be placed thereon shall be manually subscribed;

(2) Any instrument of payment. Upon compliance with sections 105.273 to
105.278 by the authorized officer, his or her facsimile signature has the
same legal effect as his or her manual signature; and

(3) Any contract executed by a political subdivision of this state and
approved by the governing body of the political subdivision. (L. 1959
S.B. 119 § 2, A.L. 1998 S.B. 680)

When the seal of this state or any of its departments, agencies,
or other instrumentalities or of any of its political subdivisions is
required in the execution of a public security or instrument of payment,
the authorized officer may cause the seal to be printed, engraved,
stamped or otherwise placed in facsimile thereon. The facsimile seal has
the same legal effect as the impression of the seal. (L. 1959 S.B. 119 §
3)

Any person who with intent to defraud uses on a public security
or an instrument of payment a facsimile signature, or any reproduction of
it, of any authorized officer; or any facsimile seal, or any reproduction
of it, of this state or any of its departments, agencies, or other
instrumentalities or of any of its political subdivisions is guilty of a
felony and shall be punishable by imprisonment for not less than two or
more than ten years in an institution designated by the state division of
corrections. (L. 1959 S.B. 119 § 4)

This law shall be so construed as to effectuate its general
purpose to make uniform the law of those states which enact it. (L. 1959
S.B. 119 § 5)

Sections 105.273 to 105.278 may be cited as the "Uniform
Facsimile Signature of Public Officials Law". (L. 1959 S.B. 119 § 6)

When used in sections 105.300 to 105.440, the following terms
mean:

(1) "Applicable federal law", those provisions of the federal law,
including federal regulations and requirements issued pursuant thereto
which provide for the extension of the benefits of Title 2 of the Social
Security Act (42 U.S.C.A. { 401 et seq.) to employees of states,
political subdivisions and their instrumentalities;

(2) "Employee", elective or appointive officers and employees of the
state, including members of the general assembly, and elective or
appointive officers and employees of any political subdivision of the
state, including county officers remunerated wholly by fees from sources
other than county funds, or any instrumentality of either the state or
such political subdivisions; and employees of a group of two or more
political subdivisions of the state organized to perform common functions
or services;

(3) "Employee tax", the tax imposed by section 1400 of the federal
Internal Revenue Code of 1939 and section 3101 of the federal Internal
Revenue Code of 1954;

(4) "Employment", any service performed by any employee of the state or
any of its political subdivisions or any instrumentality of either of
them, which may be covered, under applicable federal law, in the
agreement between the state and the Secretary of Health, Education and
Welfare, except services, which in the absence of an agreement entered
into under sections 105.300 to 105.440 would constitute "employment" as
defined in section 210 of the Social Security Act (42 U.S.C.A. { 410);
any services performed by an employee as a member of a coverage group, in
positions covered by a retirement system on the date such agreement is
made applicable to such coverage group, which retirement system is
supported wholly or in part by the state or any of its instrumentalities
or political subdivisions, shall not be considered as "employment" within
the meaning of sections 105.300 to 105.440; however, service which under
the Social Security Act may be included only upon certification by the
governor in accordance with section 218(d)(3) of that act shall be
included in the term "employment" if and when the governor issues, with
respect to such service, a certificate to the Secretary of Health,
Education and Welfare pursuant to section 105.353;

(5) "Federal agency", any federal officer, department, or agency which is
charged on behalf of the federal government with the particular federal
function referred to in connection with such term;

(6) "Federal Insurance Contributions Act", subchapter A of chapter 9 of
the federal Internal Revenue Code of 1939 and subchapters A and B of
chapter 21 of the federal Internal Revenue Code of 1954, as such codes
have been and may be amended;

(7) "Instrumentality", an instrumentality of a state or of one or more of
its political subdivisions but only if such instrumentality is a juristic
entity which is legally separate and distinct from the state or such
political subdivision and whose employees are not by virtue of their
relation to such juristic entity employees of the state or such
subdivision;

(8) "Political subdivision", any county, township, municipal corporation,
school district, or other governmental entity of equivalent rank;

(9) "Social Security Act", the act of Congress approved August 14, 1935,
Title 42, Chapter 7, United States Code, officially cited as the "Social
Security Act", (42 U.S.C.A. { 401, et seq.), as such act has been and may
from time to time be amended;

(10) "State administrator", director, division of accounting, office of
administration;

(11) "State agency", office of administration, division of accounting;

(12) "Wages", all remuneration for employment as defined herein,
including the cash value of all remuneration paid in any medium other
than cash, except that the term shall not include that part of such
remuneration which, even if it were for "employment" within the meaning
of the federal Insurance Contributions Act, would not constitute "wages"
within the meaning of that act. (L. 1951 p. 788 § 1, A.L. 1951 p. 796 §
1, A.L. 1953 p. 659, A.L. 1955 p. 729, A.L. 1961 p. 545, A.L. 1979 H.B.
877, A.L. 1980 H.B. 1153, A.L. 1983 H.B. 713 Revision, A.L. 1985 H.B. 640)

Effective 6-25-85

1. The state agency, with the approval of the governor, shall
enter into on behalf of the state an agreement with the Secretary of
Health and Human Services, consistent with sections 105.300 to 105.440,
for the purpose of extending the benefits of the federal old age and
survivors insurance system to employees of the state or of any of its
political subdivisions, or of any instrumentality of any one or more of
them, with respect to services specified in such agreement, which
constitute employment as defined in section 105.300. Such agreement may
contain provisions relating to coverage, benefits, contributions,
effective date, modifications and termination of the agreement,
administration and other appropriate provisions, and except as otherwise
required by the Social Security Act as to the services to be covered,
such agreement shall provide that benefits will be granted to employees
whose services are covered by the agreement, their dependents and
survivors, on the same basis as though the services constituted
employment within the meaning of Title 2 of the Social Security Act (42
U.S.C.A. { 401 et seq.).

2. A modification entered into after December 31, 1954, and prior to
January 1, 1958, may be effective with respect to services performed
after December 31, 1954, or after a later date specified in the
modification.

3. All services which constitute employment as defined in section 105.300
and are performed in the employ of the state by employees of the state
shall be covered by the agreement.

4. All services shall be covered by the agreement which:

(1) Constitute employment as defined in section 105.300;

(2) Are performed in the employ of a political subdivision or in the
employ of an instrumentality of either the state or a political
subdivision; except services performed in the employ of any municipality
in connection with its operation of a public transportation system as
defined in section 210(1) of the Social Security Act (42 U.S.C.A. { 410);
and there is hereby granted to the governing body of such municipality
and the officers in charge of such transportation system such powers and
authority as may be necessary to comply with the Social Security Act in
extending the benefits of the federal old age and survivors insurance
system to the employees of such public transportation system; and

(3) Are covered by a plan which is in conformity with the terms of the
agreement approved by the state agency under section 105.350.

5. As modified the agreement shall include all services described in
either subsection 3 or 4 of this section and performed by individuals in
positions covered by a retirement system with respect to which the
governor has issued a certificate to the Secretary of Health and Human
Services pursuant to section 105.353. (L. 1951 p. 788 § 2, A.L. 1955 p.
729, A.L. 1985 H.B. 640)

Effective 6-25-85

The trustee of the state will pay to the Secretary of the
Treasury at such times as may be prescribed by federal law or regulation,
contributions with respect to wages equal to the sum of the taxes which
would be imposed by the Federal Insurance Contributions Act (26 U.S.C.A.
{ 1400 et seq.), if service covered by the agreement constituted
employment within the meaning of the act. (L. 1951 p. 788 § 2, A.L. 1955
p. 729, A.L. 1959 S.B. 186)

Any instrumentality jointly created by this state and any other
state or states is hereby authorized upon the granting of like authority
by such other state or states:

(1) To enter into an agreement with the Secretary of Health, Education
and Welfare whereby the benefits of the federal old age and survivors
insurance system shall be extended to employees of such instrumentality;

(2) To require its employees to pay, and for that purpose deduct from
their wages, contributions equal to the amounts which they would be
required to pay under section 105.340, subsection 1, if they were covered
by an agreement made pursuant to section 105.310;

(3) To make payments to the Secretary of the Treasury in accordance with
such agreement, including payments from its own funds, and otherwise to
comply with such agreements. Such agreement, to the extent practicable,
shall be consistent with the provisions of sections 105.300 to 105.440.
(L. 1951 p. 788 § 3, A.L. 1955 p. 729)

1. Every employee of the state whose services are covered by an
agreement entered into under section 105.310 shall be required to pay for
the period of coverage to the trustee contributions with respect to wages
equal to the amount of the employee tax which would be imposed by the
Federal Insurance Contributions Act (26 U.S.C.A. { 1400). The liability
shall arise in consideration of the employee's retention in the service,
or his entry upon service after the passage of sections 105.300 to
105.440.

2. The contributions imposed by this section shall be collected by the
trustee by deducting the amount of the contributions from wages paid, but
failure to make the deductions shall not relieve the employee from
liability for the contribution.

3. If more or less than the correct amount of the employee's contribution
is paid or deducted with respect to any remuneration, proper adjustments
or refund shall be made, without interest, in such manner and at such
times as the state agency shall prescribe. (L. 1951 p. 788 § 4, A.L. 1955
p. 729, A.L. 1959 S.B. 186, A.L. 1969 H.B. 670)

1. Each political subdivision of the state and each
instrumentality of the state or of a political subdivision may submit for
approval by the state agency a plan for extending the benefits of Title 2
of the Social Security Act (42 U.S.C.A. { 401 et seq.) to its employees,
and are hereby authorized to, by proper ordinance or resolution, enter
into and ratify any such agreement upon its approval as aforesaid. Two or
more political subdivisions or instrumentalities may form a joint plan
if, in the absence of such joint plan, because of the requirements of the
agreement entered into pursuant to section 105.310, or because of any
requirement imposed by federal law, any subdivision included in such unit
would be unable to submit an approvable plan.

2. Each plan or any amendment thereof shall be approved by the state
agency if it finds that such plan is in conformity with the requirements
provided by the regulations of the state agency, except that no plan
shall be approved unless:

(1) It is in conformity with the requirements of the applicable federal
law and with the agreement entered into under section 105.310;

(2) It provides that all services which constitute employment as defined
in section 105.300 and are performed in the employ of the political
subdivision or instrumentality, or in the employ of any member of a joint
coverage unit are covered by the plan;

(3) It specifies the source or sources from which the funds necessary to
make the payments required by section 105.370 are to be derived and
contains reasonable assurance that such sources will be adequate for such
purpose;

(4) It provides for methods of administration of the plan by the
political subdivision or instrumentality or members of the joint coverage
unit as are found by the state agency to be necessary for the proper and
efficient administration of the plan;

(5) It provides that the political subdivision or instrumentality or
members of the joint coverage unit shall make reports, in the form and
containing such information as the state agency may from time to time
require, and that it shall comply with all provisions which the state or
federal agency may find necessary to assure the correctness and
verification of such reports. (L. 1951 p. 788 § 5, A.L. 1985 H.B. 640)

Effective 6-25-85

1. Upon the request of the governing body of a retirement
system, the governor shall authorize a referendum supervised by the
office of administration, in accordance with the requirements of section
218(d)(3) of the Social Security Act, on the question of whether service
in positions covered by a retirement system established by the state or
by a political subdivision thereof should be excluded from or included
under an agreement under sections 105.300 to 105.440. The notice required
by section 218(d)(3)(C) of the Social Security Act to be given to
employees shall contain or be accompanied by a statement, in such form
and detail necessary and sufficient, to inform the employees of the
rights which will accrue to them and their dependents and survivors, and
the liabilities to which they will be subject, if their services are
included under an agreement under sections 105.300 to 105.440. The public
school retirement system of Missouri shall constitute a single retirement
system and vote in a single referendum except that each state college and
teachers' college and the department of elementary and secondary
education shall be treated as a separate retirement system, shall vote in
a separate referendum and shall determine its coverage independently of
action taken by any other entity.

2. Upon receiving evidence satisfactory to him that with respect to any
referendum the conditions specified in section 218(d)(3) of the Social
Security Act have been met, the governor shall so certify to the
Secretary of Health, Education and Welfare.

3. In the event the employees in positions covered by the public school
retirement system of Missouri, except employees of any state college or
state teachers' college, vote to be included under an agreement under
sections 105.300 to 105.440, the employing political subdivision,
instrumentalities and the state shall enter into and execute an agreement
with the state agency for extending the benefits of Title 2 of the Social
Security Act (42 U.S.C.A. { 401 et seq.) to their employees. (L. 1955 p.
729 § 105.355, A.L. 1987 H.B. 713, A.L. 1988 H.B. 1100, et al.)

Effective 6-21-88

The state agency shall not finally refuse to approve a plan
without reasonable notice and opportunity for hearing to each political
subdivision or instrumentality affected thereby. (L. 1951 p. 788 § 5,
A.L. 1985 H.B. 640)

Effective 6-25-85

1. Each political subdivision or instrumentality whose plan has
been approved under section 105.350 shall pay to the trustee with respect
to wages at such times as the state agency may prescribe contributions in
the amounts and at the rates specified in the agreement entered into by
the state agency.

2. Each political subdivision or instrumentality required to make
payments under sections 105.300 to 105.440 is authorized, in
consideration of the employee's retention in, or entry upon, employment
after the passage of sections 105.300 to 105.440, to impose upon its
employees, as to services which are covered by an approved plan, a
contribution with respect to wages, not exceeding the amount of the
employee tax which would be imposed by the Federal Insurance
Contributions Act (26 U.S.C.A. { 1400) and to deduct the amount of the
contribution from the wages when paid. Contributions so collected shall
be paid to the trustee in partial discharge of the liability of the
political subdivision or instrumentality. Failure to deduct the
contribution shall not relieve the employee or employer of liability
therefor. (L. 1951 p. 788 § 5, A.L. 1955 p. 729, A.L. 1959 S.B. 186)

Any county officer who is compensated wholly by fees derived
from sources other than county or state moneys shall pay into the county
treasury out of fees received by him amounts equal to the contributions
required to be paid by the county under section 105.370 and shall collect
from all deputies, assistants and employees in his office and turn over
to the officer or agent of the county charged with the payment thereof to
the state agency the amounts required to be collected and paid under
section 105.370. (L. 1961 p. 545 § 105.365)

1. Delinquent payments due under section 105.370 shall bear
interest at a rate equal to that charged by the federal agency for the
period for which said payments are delinquent. No interest shall be
charged if less than one dollar.

2. Delinquent wage reports or adjustment reports or contributions due but
not filed or submitted by prescribed due dates shall be subject to a
penalty of five dollars for the first day and one dollar for each day
thereafter, or the penalty prescribed by the federal agency, whichever is
greater. No more than one penalty shall apply in case of any joint
failure to file a deposit return and to pay deposit contributions on the
same prescribed due date.

3. Extensions to file required annual wage reports and adjustment reports
may be granted by the state agency for good cause providing a written
extension request is mailed to the state agency on or before the
prescribed due date with an estimated deposit no less than the previous
deposit, as adjusted. No penalty shall be applied to any report for which
an extension of time has been authorized by the state agency.

4. The state administrator or his designate may, upon written request by
any political subdivision or instrumentality covered by an agreement
entered into under section 105.350 and upon showing of "good cause",
abate any portion or all of a penalty charge which has been assessed in
accordance with subsection 2 of this section. Good cause abatement can
only be granted within the rules and regulations established by the state
agency pursuant to section 105.430. (L. 1951 p. 788 § 5, A.L. 1959 S.B.
186, A.L. 1980 H.B. 1153, A.L. 1985 H.B. 640)

Effective 6-25-85

1. Delinquent payments due under section 105.370, together with
accrued interest and penalties, may, at the request of the state agency,
be deducted from any moneys payable to the subdivision or instrumentality
by any department or agency of the state, or may be recovered in a court
of competent jurisdiction against the political subdivision or
instrumentality.

2. Whenever the state agency shall certify to any agency of the state
authorized to apportion or allocate funds to political subdivisions or
instrumentalities that any political subdivision or instrumentality is*
delinquent in its payments as provided by sections 105.300 to 105.440,
the amount so certified shall be withheld from distribution. Upon
notification by the state administrator of the withholding by the
distributing agency, the state treasurer, or appropriate official, if
other than the state treasurer, shall transfer the amount so certified or
such part thereof as is available from apportionments or allocations due
the political subdivision or instrumentality to the state agency. In the
event the state agency recovers any delinquent amounts from the political
subdivision or instrumentality, the funds so recovered shall be credited
to the fund or funds from which the transfer was made, and the
distributing agency shall then apportion or allocate to the political
subdivision or instrumentality the amount it was originally entitled to
receive by law.

3. Whenever any political subdivision or instrumentality which is part of
or located within a county shall become delinquent of any payments due
under section 105.370 and/or 105.380, the state agency may certify to the
treasurer or to any appropriate officer of the county and/or political
subdivision or instrumentality the amount of the delinquent payment plus
accrued interest and penalties. The official receiving such certification
shall without regard to formal administrative procedure and usage of a
particular fund, cause payments to be made out of available funds to the
state agency sufficient to cover the amount certified by the state
agency. If any treasurer or appropriate official to which the delinquent
payment certification is so directed shall fail or neglect to perform the
duties imposed upon him by this section he shall be liable upon his bond
for the failure or neglect. (L. 1980 H.B. 1153)

Effective 7-1-80

*Word "if" appears in original rolls.

1. The state treasurer is appointed trustee of the old age and
survivors insurance contributions. The trustee shall deposit in one or
more banks or trust companies to the credit of the trust the following:

(1) All contributions, interest and penalties collected under sections
105.340 to 105.385;

(2) All moneys appropriated thereto;

(3) All moneys paid to the state pursuant to any agreement entered into
under section 105.350;

(4) Any property or securities and earnings thereof acquired through the
use of the moneys in the account; and

(5) All sums recovered upon the bond of the trustee or otherwise for
losses sustained by the account and all other moneys received for the
account from any other source.

2. No money shall be deposited in or be retained by any bank or trust
company which does not have on deposit with and for the trustee at the
time the kind and value of collateral required by section 30.270, RSMo,
for depositaries of the state treasurer.

3. All moneys in the trustee's account shall be mingled and undivided.
Subject to the provisions of sections 105.300 to 105.440, the trustee is
vested with full power, authority and jurisdiction over the account,
including all moneys and property or securities belonging thereto, and
may perform any and all acts which are necessary to the administration
thereof consistent with the provisions of sections 105.300 to 105.440,
except that all withdrawals from the trustee's account shall be
accompanied by a certification of the director of the division of
accounting that the withdrawal is in the correct amount and for a proper
and legal purpose.

4. The trustee's account shall be held separate and apart from any other
funds or moneys of the state and shall be used and administered
exclusively for the purpose of sections 105.300 to 105.440. Withdrawals
from such account shall be made solely for:

(1) Payment of amounts required to be paid to the federal agency pursuant
to an agreement entered into under section 105.310;

(2) Payments of refunds provided for in section 105.340;

(3) Refunds of overpayments, not otherwise adjustable, made by a
political subdivision or instrumentality; or

(4) Investing part or all of the account in United States obligations or
for placing part or all of the account in open account time deposits in
banking institutions in this state selected by the state treasurer and
approved by the governor and state auditor.

5. All interest received from the investment or deposit of funds from
this account and all interest and penalties collected but not remitted to
the federal agency shall be credited by the state treasurer to general
revenue.

6. From his account the trustee shall pay to the federal agency such
amounts and at such times as may be directed by the state agency in
accordance with any agreement entered into under section 105.310. (L.
1951 p. 788 § 6, A.L. 1959 S.B. 186, A.L. 1973 H.B. 615, A.L. 1980 H.B.
1153, A.L. 1985 H.B. 640)

Effective 6-25-85

CROSS REFERENCE: Multinational banks, securities and obligations of,
investment in, when, RSMo 409.950

The director of the division of accounting at such times as may
be prescribed by federal law or regulation shall certify to the state
treasurer the amount of the state's share of the contributions required
to be paid to the federal agency on account of the officers and employees
of each department, division, agency or unit of state government whose
services are covered by an agreement entered into under section 105.310.
Thereupon the state treasurer shall immediately transfer such amounts
from the proper funds from which the officers and employees were paid to
the "Contribution Fund" which is hereby created. (L. 1951 p. 788 § 6,
A.L. 1959 S.B. 186, A.L. 1980 H.B. 1153, A.L. 1985 H.B. 640)

Effective 6-25-85

There are hereby authorized to be appropriated to the trustee in
addition to the contributions paid into the account under sections
105.340 to 105.375, to be available for the purpose of subsections 4 and
5 of section 105.390, until expended, such additional sums as are found
to be necessary in order to make the payments to the federal agency which
the state is obligated to make pursuant to an agreement entered into
under section 105.310. (L. 1951 p. 788 § 6, A.L. 1959 S.B. 186, A.L. 1980
H.B. 1153)

Effective 7-1-80

The state agency shall make and publish such rules and
regulations, not inconsistent with the provisions of sections 105.300 to
105.440, as it finds necessary to the efficient administration of the
provisions of sections 105.300 to 105.440. (L. 1951 p. 788 § 7)

The state agency shall make studies concerning the problem of
old age and survivors protection for employees of the state and local
governments and their instrumentalities concerning the operation of
agreements made and plans approved under sections 105.300 to 105.440, and
shall submit a report to the general assembly by April fifteenth of each
year covering the administration and operation of sections 105.300 to
105.440 during the preceding year, including such recommendations for
amendments to sections 105.300 to 105.440 as it considers proper and
necessary. (L. 1951 p. 788 § 8, A.L. 1980 H.B. 1153)

Effective 7-1-80

1. The state agency shall have access to all payroll and
disbursement records of political subdivisions and instrumentalities
covered by agreement pursuant to section 105.350. The state agency after
giving notice may order the political subdivision or instrumentality to
make its books and records available to the state agency, at the office
of the political subdivision or instrumentality and may audit those books
and records.

2. The state agency may recover the actual costs and necessary expenses
for the preparation of required Social Security wage and adjustment
reports not filed with the state agency by a political subdivision or
instrumentality. Such costs and expenses shall be billed and paid upon
completion of wage and adjustment reports and all moneys collected shall
be immediately deposited into the state's general revenue fund.

3. The state administrator shall have the power to issue a subpoena duces
tecum to compel the production of any payroll and disbursement records of
political subdivisions and instrumentalities covered by agreement
pursuant to section 105.350. (L. 1985 H.B. 640)

Effective 6-25-85

As used in sections 105.450 to 105.496 and sections 105.955 to
105.963, unless the context clearly requires otherwise, the following
terms mean:

(1) "Adversary proceeding", any proceeding in which a record of the
proceedings may be kept and maintained as a public record at the request
of either party by a court reporter, notary public or other person
authorized to keep such record by law or by any rule or regulation of the
agency conducting the hearing; or from which an appeal may be taken
directly or indirectly, or any proceeding from the decision of which any
party must be granted, on request, a hearing de novo; or any arbitration
proceeding; or a proceeding of a personnel review board of a political
subdivision; or an investigative proceeding initiated by an official,
department, division, or agency which pertains to matters which,
depending on the conclusion of the investigation, could lead to a
judicial or administrative proceeding being initiated against the party
by the official, department, division or agency;

(2) "Business entity", a corporation, association, firm, partnership,
proprietorship, or business entity of any kind or character;

(3) "Business with which a person is associated":

(a) Any sole proprietorship owned by himself or herself, the person's
spouse or any dependent child in the person's custody;

(b) Any partnership or joint venture in which the person or the person's
spouse is a partner, other than as a limited partner of a limited
partnership, and any corporation or limited partnership in which the
person is an officer or director or of which either the person or the
person's spouse or dependent child in the person's custody whether
singularly or collectively owns in excess of ten percent of the
outstanding shares of any class of stock or partnership units; or

(c) Any trust in which the person is a trustee or settlor or in which the
person or the person's spouse or dependent child whether singularly or
collectively is a beneficiary or holder of a reversionary interest of ten
percent or more of the corpus of the trust;

(4) "Commission", the Missouri ethics commission established in section
105.955;

(5) "Confidential information", all information whether transmitted
orally or in writing which is of such a nature that it is not, at that
time, a matter of public record or public knowledge;

(6) "Decision-making public servant", an official, appointee or employee
of the offices or entities delineated in paragraphs (a) through (h) of
this subdivision who exercises supervisory authority over the negotiation
of contracts, or has the legal authority to adopt or vote on the adoption
of rules and regulations with the force of law or exercises primary
supervisory responsibility over purchasing decisions. The following
officials or entities shall be responsible for designating a
decision-making public servant:

(a) The governing body of the political subdivision with a general
operating budget in excess of one million dollars;

(b) A department director;

(c) A judge vested with judicial power by article V of the Constitution
of the state of Missouri;

(d) Any commission empowered by interstate compact;

(e) A statewide elected official;

(f) The speaker of the house of representatives;

(g) The president pro tem of the senate;

(h) The president or chancellor of a state institution of higher
education;

(7) "Dependent child" or "dependent child in the person's custody", all
children, stepchildren, foster children and wards under the age of
eighteen residing in the person's household and who receive in excess of
fifty percent of their support from the person;

(8) "Political subdivision" shall include any political subdivision of
the state, and any special district or subdistrict;

(9) "Public document", a state tax return or a document or other record
maintained for public inspection without limitation on the right of
access to it and a document filed in a juvenile court proceeding;

(10) "Substantial interest", ownership by the individual, the
individual's spouse, or the individual's dependent children, whether
singularly or collectively, directly or indirectly, of ten percent or
more of any business entity, or of an interest having a value of ten
thousand dollars or more, or the receipt by an individual, the
individual's spouse or the individual's dependent children, whether
singularly or collectively, of a salary, gratuity, or other compensation
or remuneration of five thousand dollars, or more, per year from any
individual, partnership, organization, or association within any calendar
year;

(11) "Substantial personal or private interest in any measure, bill,
order or ordinance", any interest in a measure, bill, order or ordinance
which results from a substantial interest in a business entity. (L. 1965
p. 229 § 1, A.L. 1978 H.B. 1610 § 2, A.L. 1991 S.B. 262, A.L. 1997 S.B.
16)

No elected or appointed official or employee of the state or any
political subdivision thereof shall:

(1) Act or refrain from acting in any capacity in which he is lawfully
empowered to act as such an official or employee by reason of any
payment, offer to pay, promise to pay, or receipt of anything of actual
pecuniary value paid or payable, or received or receivable, to himself or
any third person, including any gift or campaign contribution, made or
received in relationship to or as a condition of the performance of an
official act, other than compensation to be paid by the state or
political subdivision; or

(2) Use confidential information obtained in the course of or by reason
of his employment or official capacity in any manner with intent to
result in financial gain for himself, his spouse, his dependent child in
his custody, or any business with which he is associated;

(3) Disclose confidential information obtained in the course of or by
reason of his employment or official capacity in any manner with intent
to result in financial gain for himself or any other person;

(4) Favorably act on any matter that is so specifically designed so as to
provide a special monetary benefit to such official or his spouse or
dependent children, including but not limited to increases in retirement
benefits, whether received from the state of Missouri or any third party
by reason of such act. For the purposes of this subdivision, "special
monetary benefit" means being materially affected in a substantially
different manner or degree than the manner or degree in which the public
in general will be affected or, if the matter affects only a special
class of persons, then affected in a substantially different manner or
degree than the manner or degree in which such class will be affected. In
all such matters such officials must recuse themselves from acting and
shall not be relieved by reason of the provisions of section 105.460,
except that such official may act on increases in compensation subject to
the restrictions of section 13 of article VII of the Missouri
Constitution; or

(5) Use his decision-making authority for the purpose of obtaining a
financial gain which materially enriches himself, his spouse or dependent
children by acting or refraining from acting for the purpose of coercing
or extorting from another anything of actual pecuniary value. (L. 1978
H.B. 1610 § 3, A.L. 1990 H.B. 948, A.L. 1991 S.B. 262)

No elected or appointed official or employee of the state or any
political subdivision thereof, serving in an executive or administrative
capacity, shall:

(1) Perform any service for any agency of the state, or for any political
subdivision thereof in which he or she is an officer or employee or over
which he or she has supervisory power for receipt or payment of any
compensation, other than of the compensation provided for the performance
of his or her official duties, in excess of five hundred dollars per
transaction or five thousand dollars per annum, except on transactions
made pursuant to an award on a contract let or sale made after public
notice and competitive bidding, provided that the bid or offer is the
lowest received;

(2) Sell, rent or lease any property to any agency of the state, or to
any political subdivision thereof in which he or she is an officer or
employee or over which he or she has supervisory power and received
consideration therefor in excess of five hundred dollars per transaction
or five thousand dollars per year, unless the transaction is made
pursuant to an award on a contract let or sale made after public notice
and in the case of property other than real property, competitive
bidding, provided that the bid or offer accepted is the lowest received;

(3) Participate in any matter, directly or indirectly, in which he or she
attempts to influence any decision of any agency of the state, or
political subdivision thereof in which he or she is an officer or
employee or over which he or she has supervisory power, when he or she
knows the result of such decision may be the acceptance of the
performance of a service or the sale, rental, or lease of any property to
that agency for consideration in excess of five hundred dollars' value
per transaction or five thousand dollars' value per annum to him or her,
to his or her spouse, to a dependent child in his or her custody or to
any business with which he or she is associated unless the transaction is
made pursuant to an award on a contract let or sale made after public
notice and in the case of property other than real property, competitive
bidding, provided that the bid or offer accepted is the lowest received;

(4) Perform any services during the time of his or her office or
employment for any consideration from any person, firm or corporation,
other than the compensation provided for the performance of his or her
official duties, by which service he or she attempts to influence a
decision of any agency of the state, or of any political subdivision in
which he or she is an officer or employee or over which he or she has
supervisory power;

(5) Perform any service for consideration, during one year after
termination of his or her office or employment, by which performance he
or she attempts to influence a decision of any agency of the state, or a
decision of any political subdivision in which he or she was an officer
or employee or over which he or she had supervisory power, except that
this provision shall not be construed to prohibit any person from
performing such service and receiving compensation therefor, in any
adversary proceeding or in the preparation or filing of any public
document or to prohibit an employee of the executive department from
being employed by any other department, division or agency of the
executive branch of state government. For purposes of this subdivision,
within ninety days after assuming office, the governor shall by executive
order designate those members of his or her staff who have supervisory
authority over each department, division or agency of state government
for purposes of application of this subdivision. The executive order
shall be amended within ninety days of any change in the supervisory
assignments of the governor's staff. The governor shall designate not
less than three staff members pursuant to this subdivision;

(6) Perform any service for any consideration for any person, firm or
corporation after termination of his or her office or employment in
relation to any case, decision, proceeding or application with respect to
which he or she was directly concerned or in which he or she personally
participated during the period of his or her service or employment. (L.
1978 H.B. 1610 § 4, A.L. 1991 S.B. 262, A.L. 1998 H.B. 1120, A.L. 2004
S.B. 968 and S.B. 969, A.L. 2005 H.B. 577 merged with S.B. 307)

1. No member of the general assembly or the governor, lieutenant
governor, attorney general, secretary of state, state treasurer or state
auditor shall:

(1) Perform any service for the state or any political subdivision of the
state or any agency of the state or any political subdivision thereof or
act in his or her official capacity or perform duties associated with his
or her position for any person for any consideration other than the
compensation provided for the performance of his or her official duties;
or

(2) Sell, rent or lease any property to the state or political
subdivision thereof or any agency of the state or any political
subdivision thereof for consideration in excess of five hundred dollars
per transaction or one thousand five hundred dollars per annum unless the
transaction is made pursuant to an award on a contract let or sale made
after public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest received; or

(3) Attempt, for compensation other than the compensation provided for
the performance of his or her official duties, to influence the decision
of any agency of the state on any matter, except that this provision
shall not be construed to prohibit such person from participating for
compensation in any adversary proceeding or in the preparation or filing
of any public document or conference thereon. The exception for a
conference upon a public document shall not permit any member of the
general assembly or the governor, lieutenant governor, attorney general,
secretary of state, state treasurer or state auditor to receive any
consideration for the purpose of attempting to influence the decision of
any agency of the state on behalf of any person with regard to any
application, bid or request for a state grant, loan, appropriation,
contract, award, permit other than matters involving a driver's license,
or job before any state agency, commission, or elected official.
Notwithstanding Missouri supreme court rule 1.10 of rule 4 or any other
court rule or law to the contrary, other members of a firm, professional
corporation or partnership shall not be prohibited pursuant to this
subdivision from representing a person or other entity solely because a
member of the firm, professional corporation or partnership serves in the
general assembly, provided that such official does not share directly in
the compensation earned, so far as the same may reasonably be accounted,
for such activity by the firm or by any other member of the firm. This
subdivision shall not be construed to prohibit any inquiry for
information or the representation of a person without consideration
before a state agency or in a matter involving the state if no
consideration is given, charged or promised in consequence thereof.

2. No sole proprietorship, partnership, joint venture, or corporation in
which a member of the general assembly, governor, lieutenant governor,
attorney general, secretary of state, state treasurer, state auditor or
spouse of such official, is the sole proprietor, a partner having more
than a ten percent partnership interest, or a coparticipant or owner of
in excess of ten percent of the outstanding shares of any class of stock,
shall:

(1) Perform any service for the state or any political subdivision
thereof or any agency of the state or political subdivision for any
consideration in excess of five hundred dollars per transaction or one
thousand five hundred dollars per annum unless the transaction is made
pursuant to an award on a contract let or sale made after public notice
and competitive bidding, provided that the bid or offer accepted is the
lowest received; or

(2) Sell, rent, or lease any property to the state or any political
subdivision thereof or any agency of the state or political subdivision
thereof for consideration in excess of five hundred dollars per
transaction or one thousand five hundred dollars per annum unless the
transaction is made pursuant to an award on a contract let or a sale made
after public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest and best received. (L. 1978 H.B. 1610 § 5, A.L. 1985 H.B. 193,
A.L. 1990 H.B. 1650 & 1565, A.L. 1991 S.B. 262, A.L. 1998 H.B. 1120)

1. No member of any legislative or governing body of any
political subdivision of the state shall:

(1) Perform any service for such political subdivision or any agency of
the political subdivision for any consideration other than the
compensation provided for the performance of his or her official duties,
except as otherwise provided in this section; or

(2) Sell, rent or lease any property to the political subdivision or any
agency of the political subdivision for consideration in excess of five
hundred dollars per transaction or five thousand dollars per annum, or in
the case of a school board five thousand dollars per annum, unless the
transaction is made pursuant to an award on a contract let or a sale made
after public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest received; or

(3) Attempt, for any compensation other than the compensation provided
for the performance of his or her official duties, to influence the
decision of any agency of the political subdivision on any matter; except
that, this provision shall not be construed to prohibit such person from
participating for compensation in any adversary proceeding or in the
preparation or filing of any public document or conference thereon.

2. No sole proprietorship, partnership, joint venture, or corporation in
which any member of any legislative body of any political subdivision is
the sole proprietor, a partner having more than a ten percent partnership
interest, or a coparticipant or owner of in excess of ten percent of the
outstanding shares of any class of stock, shall:

(1) Perform any service for the political subdivision or any agency of
the political subdivision for any consideration in excess of five hundred
dollars per transaction or five thousand dollars per annum, or in the
case of a school board five thousand dollars per annum, unless the
transaction is made pursuant to an award on a contract let after public
notice and competitive bidding, provided that the bid or offer accepted
is the lowest received;

(2) Sell, rent or lease any property to the political subdivision or any
agency of the political subdivision where the consideration is in excess
of five hundred dollars per transaction or five thousand dollars per
annum, or in the case of a school board five thousand dollars per annum,
unless the transaction is made pursuant to an award on a contract let or
a sale made after public notice and in the case of property other than
real property, competitive bidding, provided that the bid or offer
accepted is the lowest received. (L. 1978 H.B. 1610 § 6, A.L. 1985 H.B.
193, A.L. 1998 H.B. 1120, A.L. 2005 H.B. 577 merged with S.B. 306 merged
with S.B. 307)

1. The governor, lieutenant governor, any member of the general
assembly, or any member of the governing body of a political subdivision
who has a substantial personal or private interest in any measure, bill,
order or ordinance proposed or pending before the general assembly or
such governing body, shall, before such official passes on the measure,
bill, order or ordinance, file a written report of the nature of the
interest with the chief clerk of the house of representatives or the
secretary of the senate or clerk of such governing body and such
statement shall be recorded in the appropriate journal or other record of
proceedings of the governing body. The governor shall make the governor's
written report along with the governor's approval or disapproval of any
bill or act of the general assembly describing the nature of the interest
and such report shall be recorded in the journal of the house of
representatives or of the senate.

2. The governor, lieutenant governor, any member of the general assembly,
or any member of the governing body of a political subdivision shall be
deemed to have complied with the requirements of this section if such
official has filed, at any time before the official passes on such
measure, bill, order or ordinance, a financial interest statement
pursuant to sections 105.483 to 105.492 which discloses the basis for the
official's substantial personal or private interest or interests that the
official may have therein. Any such person may amend the person's
financial interest statement to disclose any subsequently acquired
substantial interest at any time before the person passes on any measure,
bill, order or ordinance, and shall be relieved of the provisions of
subsection 1 of this section. (L. 1991 S.B. 262 § 105.460, A.L. 1997 S.B.
16)

1. No member of any agency of the state or any political
subdivision thereof who is empowered to adopt a rule or regulation, other
than rules and regulations governing the internal affairs of the agency,
or who is empowered to fix any rate, adopt zoning or land use planning
regulations or plans, or who participates in or votes on the adoption of
any such rule, regulation, rate or plan shall:

(1) Attempt to influence the decision or participate, directly or
indirectly, in the decision of the agency in which he or she is a member
when he or she knows the result of such decision may be the adoption of
rates or zoning plans by the agency which may result in a direct
financial gain or loss to him or her, to his or her spouse or a dependent
child in his or her custody or to any business with which he or she is
associated;

(2) Perform any service, during the time of his or her employment, for
any person, firm or corporation for compensation other than the
compensation provided for the performance of his or her official duties,
if by the performance of the service he or she attempts to influence the
decision of the agency of the state or political subdivision in which he
or she is a member;

(3) Perform for one year after termination of his or her employment any
service for compensation for any person, firm or corporation to influence
the decision or action of the agency with which he or she served as a
member; provided, however, that he or she may, after termination of his
or her office or employment, perform such service for consideration in
any adversary proceeding or in the preparation or filing of any public
document or conference thereon unless he or she participated directly in
that matter or in the receipt or analysis of that document while he or
she was serving as a member.

2. No such member or any business with which such member is associated
shall knowingly perform any service for, or sell, rent or lease any
property to any person, firm or corporation which has participated in any
proceeding in which the member adopted, participated in the adoption or
voted on the adoption of any rate or zoning plan or the granting or
revocation of any license during the preceding year and received therefor
in excess of five hundred dollars per transaction or one thousand five
hundred dollars per annum except on transactions pursuant to an award on
contract let or of sale made after public notice and in the case of
property other than real property, competitive bidding, provided that the
bid or offer accepted is the lowest received. (L. 1978 H.B. 1610 § 7,
A.L. 1998 H.B. 1120)

1. No person serving in a judicial or quasi-judicial capacity
shall participate in such capacity in any proceeding in which the person
knows that a party is any of the following: the person or the person's
great-grandparent, grandparent, parent, stepparent, guardian, foster
parent, spouse, former spouse, child, stepchild, foster child, ward,
niece, nephew, brother, sister, uncle, aunt, or cousin.

2. No provision in the section shall be construed to prohibit him from
entering an order disqualifying himself or herself or transferring the
matter to another court, body, or person for further proceedings. (L.
1978 H.B. 1610 § 8, A.L. 1997 S.B. 16, A.L. 1999 S.B. 1, et al.)

(1999) Section prior to amendment by Senate Bill 1 (1999) declared
unconstitutional as violation of separation of powers. Weinstock v.
Holden, 995 S.W.2d 408 (Mo.banc).

1. No provision of sections 105.450 to 105.458, 105.462 to
105.468, and 105.472 to 105.482 shall be construed to prohibit any person
from performing any ministerial act or any act required by order of a
court or by law to be performed.

2. No provision of sections 105.450 to 105.458, 105.462 to 105.468, and
105.472 to 105.482 shall be construed to prohibit any person from
communicating with the office of the attorney general or any prosecuting
attorney or any attorney for any political subdivision concerning any
prospective claim or complaint then under consideration not otherwise
prohibited by law.

3. No provision of sections 105.450 to 105.458, 105.462 to 105.468, and
105.472 to 105.482 shall be construed to prohibit any person, firm or
corporation from receiving compensation for property taken by the state
or any political subdivision thereof under the power of eminent domain in
accordance with the provisions of the constitution and the laws of the
state. (L. 1978 H.B. 1610 § 9)

1. A governmental body, state agency or appointing authority
shall not discharge, threaten, or otherwise discriminate against a person
or state employee acting on behalf of a person regarding compensation,
terms, conditions, location, or privileges of employment because:

(1) The person or state employee acting on behalf of the person reports
or is about to report, verbally or in writing, a violation or a suspected
violation of sections 105.450 to 105.498; or

(2) A person or state employee acting on behalf of the person is
requested by the commission to participate in an investigation, hearing,
or inquiry held by the commission or any related court action.

This subsection shall not apply to a person or state employee acting on
behalf of a person who knowingly or recklessly makes a false report.

2. A person or state employee acting on behalf of a person who alleges a
violation of subsection 1 of this section may bring a civil action for
appropriate injunctive relief, or actual damages, or both.

3. A court, in rendering a judgment in an action brought pursuant to this
section, shall order, as the court considers appropriate, reinstatement
of the person or state employee acting on behalf of the person, the
payment of back wages, full reinstatement of fringe benefits and
seniority rights, actual damages, or any combination of these remedies. A
court may also award such person all or a portion of the costs of
litigation, including reasonable attorney's fees and witness fees, if the
court determines that the award is appropriate. (L. 1991 S.B. 262)

As used in section 105.473, unless the context requires
otherwise, the following words and terms mean:

(1) "Executive lobbyist", any natural person who acts for the purpose of
attempting to influence any action by the executive branch of government
or by any elected or appointed official, employee, department, division,
agency or board or commission thereof and in connection with such
activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment on behalf of or for
the benefit of such person's employer; or

(b) Is engaged for pay or for any valuable consideration for the purpose
of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity,
governmental entity, religious organization, nonprofit corporation,
association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the
twelve-month period beginning January first and ending December thirty-
first for the benefit of one or more public officials or one or more
employees of the executive branch of state government in connection with
such activity.

An "executive lobbyist" shall not include a member of the general
assembly, an elected state official, or any other person solely due to
such person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons,
adversary proceeding, or contested case before a state board, commission,
department, division or agency of the executive branch of government or
any elected or appointed officer or employee thereof;

b. Preparing, filing or inquiring, or responding to any audit, regarding
any tax return, any public document, permit or contract, any application
for any permit or license or certificate, or any document required or
requested to be filed with the state or a political subdivision;

c. Selling of goods or services to be paid for by public funds, provided
that such person is attempting to influence only the person authorized to
authorize or enter into a contract to purchase the goods or services
being offered for sale;

d. Participating in public hearings or public proceedings on rules,
grants, or other matters;

e. Responding to any request for information made by any public official
or employee of the executive branch of government;

f. Preparing or publication of an editorial, a newsletter, newspaper,
magazine, radio or television broadcast, or similar news medium, whether
print or electronic;

g. Acting within the scope of employment by the general assembly, or
acting within the scope of employment by the executive branch of
government when acting with respect to the department, division, board,
commission, agency or elected state officer by which such person is
employed, or with respect to any duty or authority imposed by law to
perform any action in conjunction with any other public official or state
employee; or

h. Testifying as a witness before a state board, commission or agency of
the executive branch;

(2) "Expenditure", any payment made or charge, expense, cost, debt or
bill incurred; any gift, honorarium or item of value bestowed including
any food or beverage; any price, charge or fee which is waived, forgiven,
reduced or indefinitely delayed; any loan or debt which is canceled,
reduced or otherwise forgiven; the transfer of any item with a reasonably
discernible cost or fair market value from one person to another or
provision of any service or granting of any opportunity for which a
charge is customarily made, without charge or for a reduced charge;
except that the term "expenditure" shall not include the following:

(a) Any item, service or thing of value transferred to any person within
the third degree of consanguinity of the transferor which is unrelated to
any activity of the transferor as a lobbyist;

(b) Informational material such as books, reports, pamphlets, calendars
or periodicals informing a public official regarding such person's
official duties, or souvenirs or mementos valued at less than ten dollars;

(c) Contributions to the public official's campaign committee or
candidate committee which are reported pursuant to the provisions of
chapter 130, RSMo;

(d) Any loan made or other credit accommodations granted or other
payments made by any person or entity which extends credit or makes loan
accommodations or such payments in the regular ordinary scope and course
of business, provided that such are extended, made or granted in the
ordinary course of such person's or entity's business to persons who are
not public officials;

(e) Any item, service or thing of de minimis value offered to the general
public, whether or not the recipient is a public official or a staff
member, employee, spouse or dependent child of a public official, and
only if the grant of the item, service or thing of de minimis value is
not motivated in any way by the recipient's status as a public official
or staff member, employee, spouse or dependent child of a public official;

(f) The transfer of any item, provision of any service or granting of any
opportunity with a reasonably discernible cost or fair market value when
such item, service or opportunity is necessary for a public official or
employee to perform his or her duty in his or her official capacity,
including but not limited to entrance fees to any sporting event, museum,
or other venue when the official or employee is participating in a
ceremony, public presentation or official meeting therein;

(g) Any payment, gift, compensation, fee, expenditure or anything of
value which is bestowed upon or given to any public official or a staff
member, employee, spouse or dependent child of a public official when it
is compensation for employment or given as an employment benefit and when
such employment is in addition to their employment as a public official;

(3) "Judicial lobbyist", any natural person who acts for the purpose of
attempting to influence any purchasing decision by the judicial branch of
government or by any elected or appointed official or any employee
thereof and in connection with such activity, meets the requirements of
any one or more of the following:

(a) Is acting in the ordinary course of employment which primary purpose
is to influence the judiciary in its purchasing decisions on a regular
basis on behalf of or for the benefit of such person's employer, except
that this shall not apply to any person who engages in lobbying on an
occasional basis only and not as a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose
of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity,
governmental entity, religious organization, nonprofit corporation or
association; or

(d) Makes total expenditures of fifty dollars or more during the
twelve-month period beginning January first and ending December thirty-
first for the benefit of one or more public officials or one or more
employees of the judicial branch of state government in connection with
attempting to influence such purchasing decisions by the judiciary.

A "judicial lobbyist" shall not include a member of the general assembly,
an elected state official, or any other person solely due to such
person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons,
adversary proceeding, or contested case before a state court;

b. Participating in public hearings or public proceedings on rules,
grants, or other matters;

c. Responding to any request for information made by any judge or
employee of the judicial branch of government;

d. Preparing, distributing or publication of an editorial, a newsletter,
newspaper, magazine, radio or television broadcast, or similar news
medium, whether print or electronic; or

e. Acting within the scope of employment by the general assembly, or
acting within the scope of employment by the executive branch of
government when acting with respect to the department, division, board,
commission, agency or elected state officer by which such person is
employed, or with respect to any duty or authority imposed by law to
perform any action in conjunction with any other public official or state
employee;

(4) "Legislative lobbyist", any natural person who acts for the purpose
of attempting to influence the taking, passage, amendment, delay or
defeat of any official action on any bill, resolution, amendment,
nomination, appointment, report or any other action or any other matter
pending or proposed in a legislative committee in either house of the
general assembly, or in any matter which may be the subject of action by
the general assembly and in connection with such activity, meets the
requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment, which primary purpose
is to influence legislation on a regular basis, on behalf of or for the
benefit of such person's employer, except that this shall not apply to
any person who engages in lobbying on an occasional basis only and not as
a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose
of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity,
governmental entity, religious organization, nonprofit corporation,
association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the
twelve-month period beginning January first and ending December thirty-
first for the benefit of one or more public officials or one or more
employees of the legislative branch of state government in connection
with such activity.

A "legislative lobbyist" shall include an attorney at law engaged in
activities on behalf of any person unless excluded by any of the
following exceptions. A "legislative lobbyist" shall not include any
member of the general assembly, an elected state official, or any other
person solely due to such person's participation in any of the following
activities:

a. Responding to any request for information made by any public official
or employee of the legislative branch of government;

b. Preparing or publication of an editorial, a newsletter, newspaper,
magazine, radio or television broadcast, or similar news medium, whether
print or electronic;

c. Acting within the scope of employment of the legislative branch of
government when acting with respect to the general assembly or any member
thereof;

d. Testifying as a witness before the general assembly or any committee
thereof;

(5) "Lobbyist", any natural person defined as an executive lobbyist,
judicial lobbyist or a legislative lobbyist;

(6) "Lobbyist principal", any person, business entity, governmental
entity, religious organization, nonprofit corporation or association who
employs, contracts for pay or otherwise compensates a lobbyist;

(7) "Public official", any member or member-elect of the general
assembly, judge or judicial officer, or any other person holding an
elective office of state government or any agency head, department
director or division director of state government or any member of any
state board or commission and any designated decision-making public
servant designated by persons described in this subdivision. (L. 1965 p.
229 § 3, A.L. 1975 H.B. 20, et al., A.L. 1990 H.B. 1650 & 1565, A.L. 1991
S.B. 262, A.L. 1994 S.B. 650, A.L. 1997 S.B. 16)

All complaints against lobbyists, elected or appointed
officials, including judges, or employees of the state or any political
subdivision thereof shall be made in writing to the Missouri ethics
commission. The complaints shall name the person allegedly violating the
provisions of sections 105.450 to 105.482, the nature of the violation
and the date of the commission of the violation and shall be signed by
the complainant and shall contain the complainant's statement under oath
that the complainant believes, to the best of the complainant's
knowledge, the truthfulness of the statements contained therein. (L. 1978
H.B. 1610 § 11, A.L. 1990 H.B. 1650 & 1565, A.L. 1997 S.B. 16)

1. Each lobbyist shall, not later than five days after beginning
any activities as a lobbyist, file standardized registration forms,
verified by a written declaration that it is made under the penalties of
perjury, along with a filing fee of ten dollars, with the commission. The
forms shall include the lobbyist's name and business address, the name
and address of all persons such lobbyist employs for lobbying purposes,
the name and address of each lobbyist principal by whom such lobbyist is
employed or in whose interest such lobbyist appears or works. The
commission shall maintain files on all lobbyists' filings, which shall be
open to the public. Each lobbyist shall file an updating statement under
oath within one week of any addition, deletion, or change in the
lobbyist's employment or representation. The filing fee shall be
deposited to the general revenue fund of the state. The lobbyist
principal or a lobbyist employing another person for lobbying purposes
may notify the commission that a judicial, executive or legislative
lobbyist is no longer authorized to lobby for the principal or the
lobbyist and should be removed from the commission's files.

2. Each person shall, before giving testimony before any committee of the
general assembly, give to the secretary of such committee such person's
name and address and the identity of any lobbyist or organization, if
any, on whose behalf such person appears. A person who is not a lobbyist
as defined in section 105.470 shall not be required to give such person's
address if the committee determines that the giving of such address would
endanger the person's physical health.

3. (1) During any period of time in which a lobbyist continues to act as
an executive lobbyist, judicial lobbyist or a legislative lobbyist, the
lobbyist shall file with the commission on standardized forms prescribed
by the commission monthly reports which shall be due at the close of
business on the tenth day of the following month;

(2) Each report filed pursuant to this subsection shall include a
statement, verified by a written declaration that it is made under the
penalties of perjury, setting forth the following:

(a) The total of all expenditures by the lobbyist or his or her lobbyist
principals made on behalf of all public officials, their staffs and
employees, and their spouses and dependent children, which expenditures
shall be separated into at least the following categories by the
executive branch, judicial branch and legislative branch of government:
printing and publication expenses; media and other advertising expenses;
travel; entertainment; honoraria; meals, food and beverages; and gifts;

(b) An itemized listing of the name of the recipient and the nature and
amount of each expenditure by the lobbyist or his or her lobbyist
principal, including a service or anything of value, for all expenditures
made during any reporting period, paid or provided to or for a public
official, such official's staff, employees, spouse or dependent children;

(c) The total of all expenditures made by a lobbyist or lobbyist
principal for occasions and the identity of the group invited, the date
and description of the occasion and the amount of the expenditure for
each occasion when any of the following are invited in writing:

a. All members of the senate;

b. All members of the house of representatives;

c. All members of a joint committee of the general assembly or a standing
committee of either the house of representatives or senate; or

d. All members of a caucus of the general assembly if the caucus consists
of at least ten members, a list of the members of the caucus has been
previously filed with the ethics committee of the house or the senate,
and such list has been approved by either of such ethics committees;

(d) Any expenditure made on behalf of a public official, or the public
official's staff, employees, spouse or dependent children, if such
expenditure is solicited by such public official, the public official's
staff, employees, or spouse or dependent children, from the lobbyist or
his or her lobbyist principals and the name of such person or persons,
except any expenditures made to any not-for-profit corporation,
charitable, fraternal or civic organization or other association formed
to provide for good in the order of benevolence;

(e) A statement detailing any direct business relationship or association
or partnership the lobbyist has with any public official. The reports
required by this subdivision shall cover the time periods since the
filing of the last report or since the lobbyist's employment or
representation began, whichever is most recent.

4. No expenditure reported pursuant to this section shall include any
amount expended by a lobbyist or lobbyist principal on himself or
herself. All expenditures disclosed pursuant to this section shall be
valued on the report at the actual amount of the payment made, or the
charge, expense, cost, or obligation, debt or bill incurred by the
lobbyist or the person the lobbyist represents. Whenever a lobbyist
principal employs more than one lobbyist, expenditures of the lobbyist
principal shall not be reported by each lobbyist, but shall be reported
by one of such lobbyists.

5. Any lobbyist principal shall provide in a timely fashion whatever
information is reasonably requested by the lobbyist principal's lobbyist
for use in filing the reports required by this section.

6. All information required to be filed pursuant to the provisions of
this section with the commission shall be kept available by the executive
director of the commission at all times open to the public for inspection
and copying for a reasonable fee for a period of five years from the date
when such information was filed.

7. No person shall knowingly employ any person who is required to
register as a registered lobbyist but is not registered pursuant to this
section. Any person who knowingly violates this subsection shall be
subject to a civil penalty in an amount of not more than ten thousand
dollars for each violation. Such civil penalties shall be collected by
action filed by the commission.

8. No lobbyist shall knowingly omit, conceal, or falsify in any manner
information required pursuant to this section.

9. The prosecuting attorney of Cole County shall be reimbursed only out
of funds specifically appropriated by the general assembly for
investigations and prosecutions for violations of this section.

10. Any public official or other person whose name appears in any
lobbyist report filed pursuant to this section who contests the accuracy
of the portion of the report applicable to such person may petition the
commission for an audit of such report and shall state in writing in such
petition the specific disagreement with the contents of such report. The
commission shall investigate such allegations in the manner described in
section 105.959. If the commission determines that the contents of such
report are incorrect, incomplete or erroneous, it shall enter an order
requiring filing of an amended or corrected report.

11. The commission shall provide a report listing the total spent by a
lobbyist for the month and year to any member or member-elect of the
general assembly, judge or judicial officer, or any other person holding
an elective office of state government on or before the twentieth day of
each month. For the purpose of providing accurate information to the
public, the commission shall not publish information in either written or
electronic form for ten working days after providing the report pursuant
to this subsection. The commission shall not release any portion of the
lobbyist report if the accuracy of the report has been questioned
pursuant to subsection 10 of this section unless it is conspicuously
marked "Under Review".

12. Each lobbyist or lobbyist principal by whom the lobbyist was
employed, or in whose behalf the lobbyist acted, shall provide a general
description of the proposed legislation or action by the executive branch
or judicial branch which the lobbyist or lobbyist principal supported or
opposed. This information shall be supplied to the commission on March
fifteenth and May thirtieth of each year. (L. 1997 S.B. 16, A.L. 1998
H.B. 927, A.L. 1999 S.B. 31 & 285)

1. The provisions of sections 105.470 to 105.473 shall not apply
to any public official or a staff member, employee, spouse or dependent
child of a public official when employed by a lobbyist principal and who
is acting on behalf of the lobbyist principal in their employment, except
if such person's employment is as a lobbyist for the lobbyist principal.

2. The provisions of sections 105.470 to 105.473 shall not apply to any
member of a union who is acting in either an employment capacity or
contractual capacity in association with the union, except if such
person's employment or contractual capacity is as a lobbyist for the
union. (L. 1997 S.B. 16)

Nothing in sections 105.450 to 105.498 shall be interpreted as
exempting any individual from applicable provisions of any other laws of
this state or the provisions of any charter or ordinance of other
political subdivisions in the state, and nothing in sections 105.450 to
105.498 shall prohibit any political subdivision from establishing
additional or more stringent requirements than those specified in
sections 105.450 to 105.498. (L. 1978 H.B. 1610 § 13, A.L. 1990 H.B. 1650
& 1565, A.L. 1991 S.B. 262)

1. The commission shall supply an electronic reporting system
which shall be used by all lobbyists registered with the ethics
commission for filing by electronic format prescribed by the commission.
The electronic reporting system shall be able to operate using either the
Windows or Macintosh operating environment with minimum standards set by
the commission.

2. The commission shall have the appropriate software and hardware in
place by January 1, 2003, for acceptance of reports electronically. The
commission shall make this information available via an Internet web site
connection by no later than January 1, 2004.

3. All lobbyists shall file expenditure reports required by the
commission electronically as prescribed by the commission. In addition,
lobbyists shall file a signed form prescribed by the commission which
verifies the information filed electronically within five working days;
except that, when a means becomes available which will allow a verifiable
electronic signature, the commission may accept this in lieu of a signed
form.

4. All records that are in electronic format, not otherwise closed by
law, shall be available in electronic format to the public. The
commission shall maintain and provide for public inspection a listing of
all reports, with a complete description for each field contained on the
report, that has been used to extract information from their database
files. The commission shall develop a report or reports which contain
every field in each database.

5. Annually, the commission shall provide to the general assembly at no
cost a complete copy of information contained in the commission's
electronic reporting system database files. The information shall be
copied onto a medium specified by the general assembly. Such information
shall not contain records otherwise closed by law. It is the intent of
the general assembly to provide open access to the commission's records.
The commission shall make every reasonable effort to comply with requests
for information and shall take a liberal interpretation when considering
such requests. Priority shall be given to public requests for reports
identifying lobbyist or lobbyist principal expenditures per individual
legislator. (L. 1997 S.B. 16, A.L. 2002 H.B. 1840)

Any person guilty of knowingly violating any of the provisions
of sections 105.450 to 105.498 shall be punished as follows:

(1) For the first offense, such person is guilty of a class B misdemeanor;

(2) For the second and subsequent offenses, such person is guilty of a
class D felony. (L. 1978 H.B. 1610 § 14, A.L. 1990 H.B. 1650 & 1565, A.L.
1991 S.B. 262)

It is the intent of the legislature that sections 105.450 to
105.482 be severable as noted in section 1.140, RSMo. In the event that
any provision of sections 105.450 to 105.482 be declared invalid under
the Constitution of the United States or the Constitution of the State of
Missouri, it is the intent of the legislature that the remaining
provisions of sections 105.450 to 105.482 remain in force and effect as
far as they are capable of being carried into execution as intended by
the legislature. (L. 1978 H.B. 1610 § 15, A.L. 1990 H.B. 1650 & 1565)

Effective 1-1-91

Each of the following persons shall be required to file a
financial interest statement:

(1) Associate circuit judges, circuit court judges, judges of the courts
of appeals and of the supreme court, and candidates for any such office;

(2) Persons holding an elective office of the state, whether by election
or appointment, and candidates for such elective office, except those
running for or serving as county committee members for a political party
pursuant to section 115.609, RSMo, or section 115.611, RSMo;

(3) The principal administrative or deputy officers or assistants serving
the governor, lieutenant governor, secretary of state, state treasurer,
state auditor and attorney general, which officers shall be designated by
the respective elected state official;

(4) The members of each board or commission and the chief executive
officer of each public entity created pursuant to the constitution or
interstate compact or agreement and the members of each board of regents
or curators and the chancellor or president of each state institution of
higher education;

(5) The director and each assistant deputy director and the general
counsel and the chief purchasing officer of each department, division and
agency of state government;

(6) Any official or employee of the state authorized by law to promulgate
rules and regulations or authorized by law to vote on the adoption of
rules and regulations;

(7) Any member of a board or commission created by interstate compact or
agreement, including the executive director and any Missouri resident who
is a member of the bi-state development agency created pursuant to
sections 70.370 to 70.440*, RSMo;

(8) Any board member of a metropolitan sewer district authorized under
section 30(a) of article VI of the state constitution;

(9) Any member of a commission appointed or operating pursuant to
sections 64.650 to 64.950, RSMo, sections 67.650 to 67.658, RSMo, or
sections 70.840 to 70.859, RSMo;

(10) The members, the chief executive officer and the chief purchasing
officer of each board or commission which enters into or approves
contracts for the expenditure of state funds;

(11) Each elected official, candidate for elective office, the chief
administrative officer, the chief purchasing officer and the general
counsel, if employed full time, of each political subdivision with an
annual operating budget in excess of one million dollars, and each
official or employee of a political subdivision who is authorized by the
governing body of the political subdivision to promulgate rules and
regulations with the force of law or to vote on the adoption of rules and
regulations with the force of law; unless the political subdivision
adopts an ordinance, order or resolution pursuant to subsection 4 of
section 105.485;

(12) Any person who is designated as a decision-making public servant by
any of the officials or entities listed in subdivision (6) of section
105.450. (L. 1990 H.B. 1650 & 1565 § 1, A.L. 1991 S.B. 262, A.L. 1996
H.B. 846, A.L. 1997 S.B. 16)

*Section 70.440 was repealed by H.B 1248 & 1048, 1994.

(1997) The court determined that the Administrative Hearing Commission
has the authority to determine whether a local official is required to
file a financial interest statement. Missouri Ethics Commission v.
Cornford, 955 S.W.2d 32 (Mo.App.W.D.).

1. Each financial interest statement required by sections
105.483 to 105.492 shall be on a form prescribed by the commission and
shall be signed and verified by a written declaration that it is made
under penalties of perjury; provided, however, the form shall not seek
information which is not specifically required by sections 105.483 to
105.492.

2. Each person required to file a financial interest statement pursuant
to subdivisions (1) to (12) of section 105.483 shall file the following
information for himself, his spouse and dependent children at any time
during the period covered by the statement, whether singularly or
collectively; provided, however, that said person, if he does not know
and his spouse will not divulge any information required to be reported
by this section concerning the financial interest of his spouse, shall
state on his financial interest statement that he has disclosed that
information known to him and that his spouse has refused or failed to
provide other information upon his bona fide request, and such statement
shall be deemed to satisfy the requirements of this section for such
financial interest of his spouse; and provided further if the spouse of
any person required to file a financial interest statement is also
required by section 105.483 to file a financial interest statement, the
financial interest statement filed by each need not disclose the
financial interest of the other, provided that each financial interest
statement shall state that the spouse of the person has filed a separate
financial interest statement and the name under which the statement was
filed:

(1) The name and address of each of the employers of such person from
whom income of one thousand dollars or more was received during the year
covered by the statement;

(2) The name and address of each sole proprietorship which he owned; the
name, address and the general nature of the business conducted of each
general partnership and joint venture in which he was a partner or
participant; the name and address of each partner or coparticipant for
each partnership or joint venture unless such names and addresses are
filed by the partnership or joint venture with the secretary of state;
the name, address and general nature of the business conducted of any
closely held corporation or limited partnership in which the person owned
ten percent or more of any class of the outstanding stock or limited
partners' units; and the name of any publicly traded corporation or
limited partnership which is listed on a regulated stock exchange or
automated quotation system in which the person owned two percent or more
of any class of outstanding stock, limited partnership units or other
equity interests;

(3) The name and address of any other source not reported pursuant to
subdivisions (1) and (2) and subdivisions (4) to (9) of this subsection
from which such person received one thousand dollars or more of income
during the year covered by the statement, including, but not limited to,
any income otherwise required to be reported on any tax return such
person is required by law to file; except that only the name of any
publicly traded corporation or limited partnership which is listed on a
regulated stock exchange or automated quotation system need be reported
pursuant to this subdivision;

(4) The location by county, the subclassification for property tax
assessment purposes, the approximate size and a description of the major
improvements and use for each parcel of real property in the state, other
than the individual's personal residence, having a fair market value of
ten thousand dollars or more in which such person held a vested interest
including a leasehold for a term of ten years or longer, and, if the
property was transferred during the year covered by the statement, the
name and address of the persons furnishing or receiving consideration for
such transfer;

(5) The name and address of each entity in which such person owned stock,
bonds or other equity interest with a value in excess of ten thousand
dollars; except that, if the entity is a corporation listed on a
regulated stock exchange, only the name of the corporation need be
listed; and provided that any member of any board or commission of the
state or any political subdivision who does not receive any compensation
for his services to the state or political subdivision other than
reimbursement for his actual expenses or a per diem allowance as
prescribed by law for each day of such service, need not report interests
in publicly traded corporations or limited partnerships which are listed
on a regulated stock exchange or automated quotation system pursuant to
this subdivision; and provided further that the provisions of this
subdivision shall not require reporting of any interest in any qualified
plan or annuity pursuant to the Employees' Retirement Income Security Act;

(6) The name and address of each corporation for which such person served
in the capacity of a director, officer or receiver;

(7) The name and address of each not-for-profit corporation and each
association, organization, or union, whether incorporated or not, except
not-for-profit corporations formed to provide church services, fraternal
organizations or service clubs from which the officer or employee draws
no remuneration, in which such person was an officer, director, employee
or trustee at any time during the year covered by the statement, and for
each such organization, a general description of the nature and purpose
of the organization;

(8) The name and address of each source from which such person received a
gift or gifts, or honorarium or honoraria in excess of two hundred
dollars in value per source during the year covered by the statement
other than gifts from persons within the third degree of consanguinity or
affinity of the person filing the financial interest statement. For the
purposes of this section, a gift shall not be construed to mean political
contributions otherwise required to be reported by law or hospitality
such as food, beverages or admissions to social, art, or sporting events
or the like, or informational material. For the purposes of this section,
a gift shall include gifts to or by creditors of the individual for the
purpose of canceling, reducing or otherwise forgiving the indebtedness of
the individual to that creditor;

(9) The lodging and travel expenses provided by any third person for
expenses incurred outside the state of Missouri whether by gift or in
relation to the duties of office of such official, except that such
statement shall not include travel or lodging expenses:

(a) Paid in the ordinary course of business for businesses described in
subdivisions (1), (2), (5) and (6) of this subsection which are related
to the duties of office of such official; or

(b) For which the official may be reimbursed as provided by law; or

(c) Paid by persons related by the third degree of consanguinity or
affinity to the person filing the statement; or

(d) Expenses which are reported by the campaign committee or candidate
committee of the person filing the statement pursuant to the provisions
of chapter 130, RSMo; or

(e) Paid for purely personal purposes which are not related to the
person's official duties by a third person who is not a lobbyist, a
lobbyist principal or member, or officer or director of a member, of any
association or entity which employs a lobbyist. The statement shall
include the name and address of such person who paid the expenses, the
date such expenses were incurred, the amount incurred, the location of
the travel and lodging, and the nature of the services rendered or reason
for the expenses;

(10) The assets in any revocable trust of which the individual is the
settlor if such assets would otherwise be required to be reported under
this section;

(11) The name, position and relationship of any relative within the first
degree of consanguinity or affinity to any other person who:

(a) Is employed by the state of Missouri, by a political subdivision of
the state or special district, as defined in section 115.013, RSMo, of
the state of Missouri;

(b) Is a lobbyist; or

(c) Is a fee agent of the department of revenue.

3. For the purposes of subdivisions (1), (2) and (3) of subsection 2 of
this section, an individual shall be deemed to have received a salary
from his employer or income from any source at the time when he shall
receive a negotiable instrument whether or not payable at a later date
and at the time when under the practice of his employer or the terms of
an agreement, he has earned or is entitled to anything of actual value
whether or not delivery of the value is deferred or right to it has
vested. The term "income" as used in this section shall have the same
meaning as provided in the Internal Revenue Code of 1986, and amendments
thereto, as the same may be or becomes effective, at any time or from
time to time for the taxable year, provided that income shall not be
considered received or earned for purposes of this section from a
partnership or sole proprietorship until such income is converted from
business to personal use.

4. Each official, officer or employee or candidate of any political
subdivision described in subdivision (11) of section 105.483 shall be
required to file a financial interest statement as required by subsection
2 of this section, unless the political subdivision biennially adopts an
ordinance, order or resolution at an open meeting by September fifteenth
of the preceding year, which establishes and makes public its own method
of disclosing potential conflicts of interest and substantial interests
and therefore excludes the political subdivision or district and its
officers and employees from the requirements of subsection 2 of this
section. A certified copy of the ordinance, order or resolution shall be
sent to the commission within ten days of its adoption. The commission
shall assist any political subdivision in developing forms to complete
the requirements of this subsection. The ordinance, order or resolution
shall contain, at a minimum, the following requirements with respect to
disclosure of substantial interests:

(1) Disclosure in writing of the following described transactions, if any
such transactions were engaged in during the calendar year:

(a) For such person, and all persons within the first degree of
consanguinity or affinity of such person, the date and the identities of
the parties to each transaction with a total value in excess of five
hundred dollars, if any, that such person had with the political
subdivision, other than compensation received as an employee or payment
of any tax, fee or penalty due to the political subdivision, and other
than transfers for no consideration to the political subdivision;

(b) The date and the identities of the parties to each transaction known
to the person with a total value in excess of five hundred dollars, if
any, that any business entity in which such person had a substantial
interest, had with the political subdivision, other than payment of any
tax, fee or penalty due to the political subdivision or transactions
involving payment for providing utility service to the political
subdivision, and other than transfers for no consideration to the
political subdivision;

(2) The chief administrative officer and chief purchasing officer of such
political subdivision shall disclose in writing the information described
in subdivisions (1), (2) and (6) of subsection 2 of this section;

(3) Disclosure of such other financial interests applicable to officials,
officers and employees of the political subdivision, as may be required
by the ordinance or resolution;

(4) Duplicate disclosure reports made pursuant to this subsection shall
be filed with the commission and the governing body of the political
subdivision. The clerk of such governing body shall maintain such
disclosure reports available for public inspection and copying during
normal business hours. (L. 1990 H.B. 1650 & 1565 § 2, A.L. 1991 S.B. 262,
A.L. 1994 S.B. 650)

Effective 1-1-95

The financial interest statements shall be filed at the
following times, but no person is required to file more than one
financial interest statement in any calendar year:

(1) Each candidate for elective office, except those candidates for
county committee of a political party pursuant to section 115.609, RSMo,
or section 115.611, RSMo, who is required to file a personal financial
disclosure statement shall file a financial interest statement no later
than fourteen days after the close of filing at which the candidate seeks
nomination or election, and the statement shall be for the twelve months
prior to the closing date, except that in the event an individual does
not become a candidate until after the date of certification for
candidates, the statement shall be filed within fourteen days of the
individual's nomination by caucus. An individual required to file a
financial interest statement because of the individual's candidacy for
office prior to a primary election in accordance with this section is
also required to amend such statement no later than the close of business
on Monday prior to the general election to reflect any changes in
financial interest during the interim. The appropriate election authority
shall provide to the candidate at the time of filing for election written
notice of the candidate's obligation to file pursuant to sections 105.483
to 105.492 and the candidate shall sign a statement acknowledging receipt
of such notice;

(2) Each person appointed to office, except any person elected for county
committee of a political party pursuant to section 115.617, RSMo, and
each official or employee described in section 105.483 who is not
otherwise covered in this subsection shall file the statement within
thirty days of such appointment or employment;

(3) Every other person required by sections 105.483 to 105.492 to file a
financial interest statement shall file the statement annually not later
than the first day of May and the statement shall cover the calendar year
ending the immediately preceding December thirty-first; provided that the
governor, lieutenant governor, any member of the general assembly or any
member of the governing body of a political subdivision may supplement
such person's financial interest statement to report additional interests
acquired after December thirty-first of the covered year until the date
of filing of the financial interest statement;

(4) The deadline for filing any statement required by sections 105.483 to
105.492 shall be 5:00 p.m. of the last day designated for filing the
statement. When the last day of filing falls on a Saturday or Sunday or
on an official state holiday, the deadline for filing is extended to 5:00
p.m. on the next day which is not a Saturday or Sunday or official
holiday. Any statement required within a specified time shall be deemed
to be timely filed if it is postmarked not later than midnight of the day
previous to the last day designated for filing the statement. (L. 1990
H.B. 1650 & 1565 § 3, A.L. 1991 S.B. 262, A.L. 1996 H.B. 846, A.L. 1997
S.B. 16)

The financial interest statements required to be filed pursuant
to the provisions of sections 105.483 to 105.492, other than pursuant to
subsection 4 of section 105.485, shall be filed with the appropriate
filing officer or officers. For the purpose of sections 105.483 to
105.492, the term "filing officer" is defined as:

(1) In the case of state elected officials and candidates for such
office, and all other state officials and employees, the filing officer
is the commission;

(2) In the case of judges of courts of law, the filing officer shall be
the clerk of the supreme court. Financial interest statements filed by
judges shall be made available for public inspection unless otherwise
provided by supreme court rule;

(3) In the case of persons holding elective office in any political
subdivision and candidates for such offices, and in the case of all other
officers or employees of a political subdivision, the filing officer
shall be the commission. (L. 1990 H.B. 1650 & 1565 § 4, A.L. 1991 S.B.
262)

Effective 1-1-92

1. The executive director of the commission shall:

(1) Develop and publish forms and printed instructions for use in filing
the statements described in section 105.485;

(2) Furnish the necessary forms and instructions to persons required
pursuant to the provisions of sections 105.483 to 105.492 to file
financial statements by distributing them to any other locations the
executive director deems necessary to accomplish the purposes of sections
105.483 to 105.492;

(3) Maintain a filing system for financial statements filed with the
executive director's office and preserve such statements for a period of
not less than five years;

(4) Make any financial statement filed with the executive director
available for public inspection and copying within a reasonable time
after filing and permit copying of any financial statement at a
reasonable expense to such person;

(5) Employ staff and retain such contract services, including legal
services to represent the commission before any state agency or before
the courts as the executive director deems necessary within the limits
authorized by appropriation by the general assembly.

2. The executive director and each other filing officer shall keep a
public record of all persons inspecting or copying financial statements.
(L. 1990 H.B. 1650 & 1565 § 5, A.L. 1991 S.B. 262, A.L. 1997 S.B. 16)

1. Any person required in sections 105.483 to 105.492 to file a
financial interest statement who fails to file such statement by the
times required in section 105.487 shall, if such person receives any
compensation or other remuneration from public funds for the person's
services, not be paid such compensation or receive such remuneration
until the person has filed a financial interest statement as required by
sections 105.483 to 105.492. Any person required in sections 105.483 to
105.492 to file a financial statement who fails to file such statement by
the time required in section 105.487 and continues to fail to file the
required financial interest statement for thirty or more days after
receiving notice from the commission shall be subject to suspension from
office in the manner otherwise provided by law or the constitution. The
attorney general or prosecuting or circuit attorney, at the request of
the commission, may take appropriate legal action to enforce the
provisions of this section.

2. If a candidate for office does not file a financial interest statement
by the close of business on the twenty-first day after the last day for
filing for election for which the person is a candidate, the commission
shall notify the official who accepted such candidate's declaration of
candidacy that the candidate is disqualified. Such election official
shall remove the candidate's name from the ballot.

3. Failure of any elected official or judge to file a financial interest
statement thirty days after notice from the appropriate filing officer
shall be grounds for removal from office as may be otherwise provided by
law or the constitution.

4. Any person who knowingly misrepresents or omits any facts required to
be contained in any financial interest statement filed as required by
sections 105.483 to 105.496 is guilty of a class B misdemeanor. Venue for
any criminal proceeding brought pursuant to this section shall be the
county in which the defendant resided at the time the defendant filed the
financial interest statement.

5. Any lobbyist who fails to timely file a lobbying disclosure report as
required by section 105.473 shall be assessed a late filing fee of ten
dollars for every day such report is late. (L. 1990 H.B. 1650 & 1565 § 6,
A.L. 1991 S.B. 262, A.L. 1997 S.B. 16, A.L. 1999 H.B. 676)

No governor shall be appointed by any board or commission of
state government to any administrative position which such board or
commission has the authority to fill, during that governor's term of
office, within two years of his leaving his elective office, and as long
as a majority of the members serving on such board or commission were
appointed by that governor. (L. 1990 H.B. 1650 & 1565 § 7)

Effective 1-1-91

Upon the convening of the next general assembly after January 1,
1991, the house of representatives and the senate shall each,
respectively, establish by rule a permanent select committee on ethics
and shall adopt the rules by which the manner and method of
investigations and disciplinary proceedings and actions shall be
conducted. (L. 1990 H.B. 1650 & 1565 § 8)

Effective 1-1-91

Unless the context otherwise requires, the following words and
phrases mean:

(1) "Appropriate unit" means a unit of employees at any plant or
installation or in a craft or in a function of a public body which
establishes a clear and identifiable community of interest among the
employees concerned;

(2) "Exclusive bargaining representative" means an organization which has
been designated or selected by majority of employees in an appropriate
unit as the representative of such employees in such unit for purposes of
collective bargaining;

(3) "Public body" means the state of Missouri, or any officer, agency,
department, bureau, division, board or commission of the state, or any
other political subdivision of or within the state. (L. 1965 p. 232 § 1,
A.L. 1967 p. 192)

(1969) City employees had right to join labor union and select
representative, but do not have the right of strike as bargaining device
with employer. The public employer is required to meet, confer and
discuss with its employees, but the refusal of the public employer to
execute and adopt the agreement produced by bargaining with its employees
is not an unfair labor practice. State ex rel. Missey v. City of Cabool
(Mo.), 441 S.W.2d 35.

(1969) Public employer could not lay off or reduce pay of municipal
employees to intimidate them from joining labor organization. State ex
rel. Missey v. City of Cabool (Mo.), 411 S.W.2d 35.

(1974) Employees of judicial department paid either by state or county
are within the provisions of this section. State ex rel. O'Leary v.
Missouri State Board of Mediation (Mo.), 509 S.W.2d 84.

Employees, except police, deputy sheriffs, Missouri state
highway patrolmen, Missouri national guard, all teachers of all Missouri
schools, colleges and universities, of any public body shall have the
right to form and join labor organizations and to present proposals to
any public body relative to salaries and other conditions of employment
through the representative of their own choosing. No such employee shall
be discharged or discriminated against because of his exercise of such
right, nor shall any person or group of persons, directly or indirectly,
by intimidation or coercion, compel or attempt to compel any such
employee to join or refrain from joining a labor organization, except
that the above excepted employees have the right to form benevolent,
social, or fraternal associations. Membership in such associations may
not be restricted on the basis of race, creed, color, religion or
ancestry. (L. 1965 p. 232 § 2, A.L. 1967 p. 192, A.L. 1969 S.B. 36)

(1969) The exclusion of certain public employees from the benefits of
sections 105.500 to 105.530, RSMo, is not an arbitrary and
unconstitutional classification. State ex rel. Missey v. City of Cabool
(Mo.), 441 S.W.2d 35.

(1974) Teachers' association held not a labor union for the purpose of
this section. Agreement involved in this case held not prohibited by this
section. Peters v. Board of Education of Reorg. Sch. Dist. No. 5 (Mo.),
506 S.W.2d 429.

(1975) "Agreement" between teachers and board of education held not
collective bargaining. For text of agreement see Finley v. Lindbergh
School District (A.), 522 S.W.2d 299.

(1977) Teachers' strike while not covered by statute is illegal as
violative of common law. School Dist. of Kansas City v. Clymer (A.), 554
S.W.2d 483.

(1983) Omission of firefighters from "meet and confer" provisions of this
section and the inclusion of police officers has a rational basis and
therefore does not violate the equal protection clause of the 14th
Amendment of the U.S. Constitution. Melvin Beverlin, et al. v. Board of
Police Commissioners of Kansas City, Missouri, 722 F.2d 395.

(1985) County corrections officers are not "police officers" or "deputy
sheriffs" for purposes of this statute. Jackson County v. Mo. State Board
of Mediation (Mo. banc), 690 S.W.2d 400.

(1993) Requiring nonunion school custodial and food service workers to
pay fair share fees to union which is properly designated as exclusive
bargaining representative does not violate provision of statute that
prohibits conduct that directly or indirectly compels public employees to
join or refrain from joining labor organization. Schaffer v. Board of
Education of the City of St. Louis, 869 S.W.2d 163 (Mo. App. E.D.)

Whenever such proposals are presented by the exclusive
bargaining representative to a public body, the public body or its
designated representative or representatives shall meet, confer and
discuss such proposals relative to salaries and other conditions of
employment of the employees of the public body with the labor
organization which is the exclusive bargaining representative of its
employees in a unit appropriate. Upon the completion of discussions, the
results shall be reduced to writing and be presented to the appropriate
administrative, legislative or other governing body in the form of an
ordinance, resolution, bill or other form required for adoption,
modification or rejection. (L. 1965 p. 232 § 3, A.L. 1967 p. 192)

(1982) Public Sector Labor Law does not authorize city council to enter
into binding collective bargaining contract with public employee labor
organization, and city can unilaterally change terms of memorandum of
understanding without approval by the employee labor organization.
Sumpter v. City of Moberly (Mo. banc), 645 S.W.2d 359.

Issues with respect to appropriateness of bargaining units and
majority representative status shall be resolved by the state board of
mediation. In the event that the appropriate administrative body or any
of the bargaining units shall be aggrieved by the decision of the state
board of mediation, an appeal may be had to the circuit court of the
county where the administrative body is located or in the circuit court
of Cole County. The state board of mediation shall use the services of
the state hearing officer in all contested cases. (L. 1967 p. 192 §
105.530)

(1972) Because there is no such person as the "state hearing officer"
denoted in § 105.525, RSMo, the board of mediation is not required to use
his services before proceeding to hear and resolve contested issues. City
of Kirkwood v. Missouri State Board of Mediation (A.), 478 S.W.2d 690.

(1975) Utilization of the state board of mediation as provided in §
105.525, RSMo, held not to be an infringement on the constitutional
powers of the curators of the University of Missouri. Curators of
University of Missouri v. Public Service Employees Local No. 45 (Mo.),
520 S.W.2d 54.

(1977) It is the duty of the state board of mediation to determine which
"employees" are proper members of a bargaining unit and which are
properly part of management. Golden Valley Memorial v. Missouri State Bd.
of Mediation (A.), 559 S.W.2d 581.

(1986) The State Board of Mediation is not to be named as a party on an
appeal of its decision. Baer v. Civilian Personnel Division, 714 S.W.2d
536 (Mo. App.).

Nothing contained in sections 105.500 to 105.530 shall be
construed as granting a right to employees covered in sections 105.500 to
105.530 to strike. (L. 1965 p. 232 § 4, A.L. 1967 p. 192 § 105.540)

(1976) Public policy of this state is that employees do not have the
right to strike against their governmental employer, and written
agreement between school teachers association and board of education of
school district, which was the product of an illegal strike, was void and
would not be enforced. St. Louis Teachers Association v. Board of
Education (Mo.), 544 S.W.2d 573.

(1977) Teachers' strike while not covered by statute is illegal as
violative of common law. School Dist. of Kansas City v. Clymer (A.), 554
S.W.2d 483.

(1987) This statute does not give rise to any implied right of action on
behalf of citizens whose home was destroyed during strike by fire
fighters' union. White v. Intern. Ass'n. of Fire Fighters, 738 S.W.2d 933
(Mo. App.).

For the purposes of sections 105.600 to 105.650 the following
words and phrases have the meanings ascribed to them in this section:

(1) "Receiving agency", any department or agency of the federal
government or a state government which receives an employee of another
government under sections 105.600 to 105.650;

(2) "Sending agency", any department or agency of the federal government
or a state government which sends any employee thereof to another
government agency under sections 105.600 to 105.650. (L. 1967 p. 194 § 1)

1. Any department, agency, or instrumentality of the state is
authorized to participate in a program of interchange of employees with
departments, agencies, or instrumentalities of the federal government, or
another state, as a sending or receiving agency.

2. The period of individual assignment or detail under an interchange
program shall not exceed twelve months, except as provided in subsection
3 of this section, nor shall any person be assigned or detailed for more
than twelve months during any thirty-six-month period. Details relating
to any matter covered in sections 105.600 to 105.650 may be the subject
of an agreement between the sending and receiving agencies. Elected
officials shall not be assigned from a sending agency nor detailed to a
receiving agency.

3. If the sending agency is an instrumentality of the federal government,
the interchange may exceed twelve months but no longer than provided for
by federal statutes. (L. 1967 p. 194 § 2, A.L. 1991 S.B. 249)

Effective 5-28-91

1. Employees of a sending agency participating in an exchange of
personnel as authorized in section 105.610 may be considered during such
participation to be on detail to regular work assignments of the sending
agency.

2. Employees who are on detail shall be entitled to the same salary and
benefits to which they would otherwise be entitled and shall remain
employees of the sending agency for all other purposes except that the
supervision of their duties during the period of detail may be governed
by agreement between the sending agency and the receiving agency.

3. Any employee who participates in an exchange under the terms of this
section who suffers disability or death as a result of personal injury
arising out of and in the course of an exchange, or sustained in
performance of duties in connection therewith, shall be treated, for the
purposes of the sending agency's employee compensation program, as an
employee, as defined in the act, who has sustained the injury in the
performance of duty, but shall not receive benefits under that act for
any period for which he is entitled to and elects to receive similar
benefits under the receiving agency's employee compensation program. (L.
1967 p. 194 § 3)

A sending agency in this state may, in accordance with the
travel regulations of the state or the agency, pay the travel expenses of
employees assigned to a receiving agency on either a detail or leave
basis, but shall not pay the travel expenses of the employees incurred in
connection with their work assignments at the receiving agency. During
the period of assignment, the sending agency may pay a per diem allowance
to the employee on assignment or detail. (L. 1967 p. 194 § 4)

1. When any unit of government of this state acts as a receiving
agency, employees of the sending agency who are assigned under authority
of sections 105.600 to 105.650 may be considered to be on detail to the
receiving agency.

2. Appointments of persons so assigned may be made without regard to the
laws or regulations governing the selection of employees of the receiving
agency. The person shall be in the unclassified service of the state.

3. Employees who are detailed to the receiving agency shall not by virtue
of the detail be considered to be employees thereof, except as provided
in subsection 4 of this section, nor shall they be paid a salary or wage
by the receiving agency during the period of their detail. The
supervision of the duties of employees during the period of detail may be
governed by agreement between the sending agency and the receiving agency.

4. Any employee of a sending agency assigned in this state who suffers
disability or death as a result of personal injury arising out of and in
the course of the assignment, or sustained in the performance of duties
in connection therewith, shall be treated for the purpose of receiving
agency's employee compensation program, as an employee, as defined in the
act, who has sustained the injury in the performance of the duty, but
shall not receive benefits under that act for any period for which he
elects to receive similar benefits as an employee under the sending
agency's employee compensation program. (L. 1967 p. 194 § 5)

A receiving agency in this state may, in accordance with the
travel regulations of the agency, pay travel expenses of persons assigned
thereto under sections 105.600 to 105.650 during the period of the
assignments on the same basis as if they were regular employees of the
receiving agency. (L. 1967 p. 194 § 6)

The following words and phrases as used in sections 105.660 to
105.685, unless a different meaning is plainly required by the context,
shall mean:

(1) "Actuarial valuation", a mathematical process which determines plan
financial condition and plan benefit cost;

(2) "Actuary", an actuary (i) who is a member of the American Academy of
Actuaries or who is an enrolled actuary under the Employee Retirement
Income Security Act of 1974 and (ii) who is experienced in retirement
plan financing;

(3) "Plan", any retirement system established by the state of Missouri or
any political subdivision or instrumentality of the state for the purpose
of providing plan benefits for elected or appointed public officials or
employees of the state of Missouri or any political subdivision or
instrumentality of the state;

(4) "Plan benefit", the benefit amount payable from a plan together with
any supplemental payments from public funds;

(5) "Substantial proposed change", a proposed change in future plan
benefits which would increase or decrease the total contribution percent
by at least one-quarter of one percent of active employee payroll, or
would increase or decrease a plan benefit by five percent or more, or
would materially affect the actuarial soundness of the plan. In testing
for such one-quarter of one percent of payroll contribution increase, the
proposed change in plan benefits shall be added to all actual changes in
plan benefits since the last date that an actuarial valuation was
prepared. (L. 1979 H.B. 130 § 1)

Effective 8-6-79

1. Each plan shall annually prepare and have available as public
information a comprehensive annual financial report showing the financial
condition of the plan as of the end of the plan's fiscal year. The report
shall contain, but not be limited to, detailed financial statements
prepared in accordance with generally accepted accounting principles for
public employee retirement systems including an independent auditors
report thereon, prepared by a certified public accountant or a firm of
certified public accountants, a detailed summary of the plan's most
recent actuarial valuation including a certification letter from the
actuary and a summary of actuarial assumptions and methods used in such
valuation, a detailed listing of the investments, showing both cost and
market value, held by the plan as of the date of the report together with
a detailed statement of the annual rates of investment return from all
assets and from each type of investment, a detailed list of investments
acquired and disposed of during the fiscal year, a listing of the plan's
board of trustees or responsible administrative body and administrative
staff, a detailed list of administrative expenses of the plan including
all fees paid for professional services, a detailed list of brokerage
commissions paid, a summary plan description, and such other data as the
plan shall deem necessary or desirable for a proper understanding of the
condition of the plan. In the event a plan is unable to comply with any
of the disclosure requirements outlined above, a detailed statement must
be included in the report as to the reason for such noncompliance.

2. Any rule or portion of rule promulgated by any plan pursuant to the
authority of chapter 536, RSMo, or of any other provision of law, shall
be submitted to the joint committee on public employee retirement prior
to or concurrent with the filing of a notice of proposed rulemaking with
the secretary of state's office pursuant to section 536.021, RSMo. The
requirement of this subsection is intended solely for the purpose of
notifying the joint committee on public employee retirement with respect
to a plan's proposed rulemaking so that the joint committee on public
employee retirement has ample opportunity to submit comments with respect
to such proposed rulemaking in accordance with the normal process. Any
plan not required to file a notice of proposed rulemaking with the
secretary of state's office shall submit any proposed rule or portion of
a rule to the joint committee on public employee retirement within ten
days of its promulgation.

3. A copy of the comprehensive annual financial report as outlined in
subsection 1 of this section shall be forwarded within six months of the
end of the plan's fiscal year to the state auditor and the joint
committee on public employee retirement. (L. 1987 H.B. 713, A.L. 2002
H.B. 1674)

The assets of public pension funds represent the deferred wages
and future economic security of plan participants and shall not be
commingled with any other funds of the political jurisdiction. All funds
of the plan shall be placed in a trusteeship, and adequate reporting and
disclosure requirements shall be established. (L. 1992 S.B. 499, et al. §
4)

Notwithstanding any other provision of law to the contrary, each
public retirement plan as defined in section 105.660, through its board
of trustees or other responsible administrative body, is authorized to
appoint an attorney at law or firm of attorneys at law to be the legal
advisor and to represent the plan and the board of trustees or other
responsible administrative body in all legal proceedings. (L. 1995 H.B.
416, et al.)

Each plan shall at least biennially prepare and have available
as public information an actuarial valuation performed in compliance with
the recommended standards and guidelines as set forth by the governmental
accounting standards board. Any plan currently performing valuations on a
biennial basis making a substantial proposed change in benefits as
defined in section 105.660 shall have a new actuarial valuation performed
using the same methods and assumptions for the most recent periodic
actuarial valuation. (L. 2002 H.B. 1455)

Effective 7-11-02

1. The legislative body or committee thereof which determines
the amount and type of plan benefits to be paid shall, before taking
final action on any substantial proposed change in plan benefits, cause
to be prepared a statement regarding the cost of such change.

2. The cost statement shall be prepared by an actuary using the methods
used in preparing the most recent periodic actuarial valuation for the
plan and shall, without limitation by enumeration, include the following:

(1) The level normal cost of plan benefits currently in effect, which
cost is expressed as a percent of active employee payroll;

(2) The contribution for unfunded accrued liabilities currently payable
by the plan, which cost is expressed as a percent of active employee
payroll and shall be over a period not to exceed forty years;

(3) The total contribution rate expressed as a percent of active
employees payroll, which contribution rate shall be the total of the
normal cost percent plus the contribution percent for unfunded accrued
liabilities;

(4) A statement as to whether the legislative body is currently paying
the total contribution rate as defined in subdivision (3) of this
subsection;

(5) The total contribution rate expressed as a percent of active employee
payroll which would be sufficient to adequately fund the proposed change
in benefits;

(6) A statement as to whether such additional contributions are mandated
by the proposed change;

(7) A statement as to whether or not the proposed change would in any way
impair the ability of the plan to meet the obligations thereof in effect
at the time the proposal is made;

(8) All assumptions relied upon to evaluate the present financial
condition of the plan and all assumptions relied upon to evaluate the
impact of the proposed change upon the financial condition of the plan,
which shall be those assumptions used in preparing the most recent
periodic actuarial valuation for the plan, unless the nature of the
proposed change is such that alternative assumptions are clearly
warranted, and shall be made and stated with respect to at least the
following:

(a) Investment return;

(b) Pay increase;

(c) Mortality of employees and officials, and other persons who may
receive benefits under the plan;

(d) Withdrawal (turnover);

(e) Disability;

(f) Retirement ages;

(g) Change in active employee group size;

(9) The actuary shall certify that in the actuary's opinion the
assumptions used for the valuation produce results which, in the
aggregate, are reasonable;

(10) A description of the actuarial funding method used in preparing the
valuation including a description of the method used and period applied
in amortizing unfunded actuarial accrued liabilities;

(11) The increase in the total contribution amount required to adequately
fund the proposed change in benefits, expressed in annual dollars as
determined by multiplying the increase in total contribution rate by the
active employee annual payroll used for this valuation. (L. 1979 H.B. 130
§ 2, A.L. 1996 H.B. 1355)

When the general assembly is the legislative body responsible
for authorizing a substantial proposed change in plan benefits, a
prepared statement regarding the cost of such change shall be made
available for its consideration prior to taking final action. Such
statement of cost shall be prepared in accordance with section 105.665
and shall be available as public information for at least five
legislative days before final passage by either house. The speaker or
president pro tem may refer such bill for reconsideration upon receipt of
the actuary statement to the committee to which the bill was originally
referred. The bill shall retain its place on the calendar as though it
had not been recalled. The committee shall report the bill to the house
or senate, respectively, within seven calendar days with its
recommendations. If any additional substantial proposed change as defined
in subdivision (5) of section 105.660, in cost or benefits is made by
either house or committee thereof, the actuary making the original cost
statement shall amend the statement to reflect the additional features.
The plan shall make available to the actuary such information as is
necessary to prepare such actuarial statement. The statement of cost
shall be filed with the chief clerk of the Missouri house of
representatives, the secretary of the senate, and with the joint
committee on public employee retirement. (L. 1979 H.B. 130 § 3, A.L. 1985
H.B. 695, A.L. 1987 H.B. 713, A.L. 1989 H.B. 674, A.L. 1996 H.B. 1355)

When a political subdivision or instrumentality of the state is
the legislative body responsible for making a substantial proposed change
in benefits, a prepared statement regarding the cost of such change shall
be prepared in accordance with section 105.665 and shall be made
available for its consideration. Such statement of cost shall be
available as public information for at least forty-five calendar days
before the legislative body can take final action to adopt the
substantial proposed change in benefits. The statement of cost required
by this section shall be filed in the office of the clerk, secretary or
other individual responsible for keeping the official records of the
legislative body, and with the joint committee on public employee
retirement. (L. 1979 H.B. 130 § 4, A.L. 1985 H.B. 695, A.L. 1996 H.B.
1355)

Notwithstanding the provisions of sections 610.010 to 610.035,
RSMo, to the contrary, any retirement plan as defined in section 105.660,
RSMo, located in a city not within a county, providing retirement
benefits for general employees shall provide, upon request by any retiree
organization, sufficient information enabling such organization to
contact retired members. (L. 2001 S.B. 290 § 1, A.L. 2003 H.B. 131)

*Transferred 2003; formerly 70.795

1. For any proposed change in plan benefits, the expense of
having the cost statement prepared shall be assured before the
legislative body may take final action to approve a proposed substantial
change in plan benefits.

2. The expense of having the cost statement prepared shall be paid by the
plan if the substantial proposed change is initiated or approved by the
plan's governing board.

3. When the general assembly is the legislative body considering a
proposed change in plan benefits, the joint committee on public employee
retirement, upon approval by a majority of the statutory number of
senators serving on the committee and approval of a majority of the
statutory number of representatives serving on the committee, may assume
the expense of preparing a cost statement required by sections 105.660 to
105.685 by employing or contracting with an actuary or actuaries who
possess the qualifications required by the provisions of sections 105.660
to 105.685 upon such terms as may be agreed upon and within the limits of
appropriations made therefor, or may order the plan to provide such
statement.

4. If the expense of preparing the cost statement is not assured by
reason of subsection 2 or 3 above, the expense shall be paid by the
individual, group of individuals, department or agency seeking such
proposed change. (L. 1979 H.B. 130 § 5, A.L. 1985 H.B. 695)

A substantial proposed change in plan benefits shall not become
effective until such time as the provisions of sections 105.660 to
105.685 are complied with. (L. 1979 H.B. 130 § 6)

Effective 8-6-79

As used in sections 105.687 to 105.689, the following terms mean:

(1) "Equity interests", limited partnership interests and other interests
in which the liability of the investor is limited to the amount of the
investment, but does not include general partnership interests or other
interests involving general liability of the investor;

(2) "Invest" or "investment", utilization of money in the expectation of
future returns in the form of income or capital gain;

(3) "Investment fiduciary", a person who either exercises any
discretionary authority or control in the investment of a public employee
retirement system's assets or who renders for a fee advice for a public
employment retirement system;

(4) "Small business", an independently owned and operated business as
defined in Title 15 U.S.C. Section 632A and as described by Title 13 CFR
Part 121*;

(5) "Small business investment company", an incorporated body or a
limited partnership under Section 301 of Title III of the Small Business
Investment Act of 1958, 15 U.S.C. 681;

(6) "System", a public employee retirement system established by the
state or any political subdivision of the state;

(7) "Venture capital firm", a corporation, partnership, proprietorship,
or other entity, the principal businesses of which is the making of
investments in small businesses, either directly or indirectly by
investing in entities the principal business of which is the making of
investments in small businesses. (L. 1987 S.B. 20 § 1)

*Original rolls contain "21", an apparent typographical error.

The assets of a system may be invested, reinvested and managed
by an investment fiduciary subject to the terms, conditions and
limitations provided in sections 105.687 to 105.689. An investment
fiduciary shall discharge his or her duties in the interest of the
participants in the system and their beneficiaries and shall:

(1) Act with the same care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a similar
capacity and familiar with those matters would use in the conduct of a
similar enterprise with similar aims;

(2) Act with due regard for the management, reputation, and stability of
the issuer and the character of the particular investments being
considered;

(3) Make investments for the purposes of providing benefits to
participants and participants' beneficiaries, and of defraying reasonable
expenses of investing the assets of the system;

(4) Give appropriate consideration to those facts and circumstances that
the investment fiduciary knows or should know are relevant to the
particular investment or investment course of action involved, including
the role of the investment or investment course of action plays in that
portion of the system's investments for which the investment fiduciary
has responsibility. For purposes of this subdivision, "appropriate
consideration" shall include, but is not necessarily limited to a
determination by the investment fiduciary that a particular investment or
investment course of action is reasonably designed, as part of the
investments of the system, to further the purposes of the system, taking
into consideration the risk of loss and the opportunity for gain or other
return associated with the investment or investment course of action; and
consideration of the following factors as they relate to the investment
or investment course of action:

(a) The diversification of the investments of the system;

(b) The liquidity and current return of the investments of the system
relative to the anticipated cash flow requirements of the system; and

(c) The projected return of the investments of the system relative to the
funding objectives of the system;

(5) Give appropriate consideration to investments which would enhance the
general welfare of this state and its citizens if those investments offer
the safety and rate of return comparable to other investments available
to the investment fiduciary at the time the investment decision is made.
(L. 1987 S.B. 20 § 2)

Nothing in sections 105.687 to 105.689 shall prevent any
investment fiduciary from making investments in any company which does
business in any country with which the United States maintains diplomatic
relations. (L. 1987 S.B. 20 § 3, A.L. 1992 S.B. 499, et al.)

When selection is made of a venture capital firm, a consultant
or a fiduciary, preference must be given to a Missouri based company. (L.
1987 S.B. 20 § 4)

1. As used in this section, unless a different meaning is
plainly required by the context, the following terms mean:

(1) "Accumulated contributions", the sum of all amounts deducted from the
compensation of an individual and credited to the person's individual
account in the applicable plan, together with interest allowed thereon by
the plan;

(2) "Creditable service", the service of an individual, whether rendered
while a member of a plan or not, which is recognized by a plan in
determining the individual's eligibility for and the amount of the
individual's benefits under the plan;

(3) "Plan" or "retirement plan", any retirement system established by the
state of Missouri or any political subdivision or instrumentality of the
state for the purpose of providing plan benefits for elected or appointed
public officials or employees of the state of Missouri or any political
subdivision or instrumentality of the state;

(4) "Receiving plan", a plan which pursuant to this section is receiving
funds from another plan or an individual to provide creditable service
for that individual;

(5) "Transferring plan", a plan which pursuant to this section is
transferring funds to another plan for the purpose of providing
creditable service for an individual;

(6) "Vested", having the right to receive the payment of a benefit from
the plan, whether at present or at a future time. For the purpose of
determining eligibility for transferring service credit, all plans shall
be deemed to have five-year vesting.

2. Any retirement plan as defined in this section may enter into
cooperative agreements to transfer creditable service from one retirement
plan to another when a member who has been employed in a position covered
by one plan is employed in a position covered by another plan. If any two
plans already have in place on August 28, 1992, a cooperative agreement
for transferring service between those plans, the existing agreement may
remain in force upon agreement of both plans.

3. Any individual who has not yet retired and has earned creditable
service under the provisions of a retirement plan which has entered into
a cooperative agreement as specified in subsection 2 of this section, and
who is vested in any plan may elect in writing to transfer the
individual's creditable service from one plan to another plan upon
employment and vesting in a position covered by the receiving plan.
Within sixty days of such election the plan from which the individual is
transferring shall transfer on the individual's behalf to the receiving
plan an amount equal to the employee's pension benefit obligation at the
time of transfer using the same assumption used in performing the last
regular actuarial valuation of the transferring plan; except that in no
event shall the transferred amount be less than the employee's
accumulated contributions on deposit with the transferring plan.

4. The receiving plan shall determine, using accepted actuarial methods,
the value of transferred service in the receiving plan. The amount of
creditable service which shall be recognized in the receiving plan shall
be determined by the actuarial value of the funds transferred, but in no
event shall such creditable service exceed the actual number of years of
creditable service from the transferring plan. If the actuarial value of
the funds transferred to the receiving plan is less than that required to
fund the liability created by the actual number of years of creditable
service in the transferring plan, the employee may purchase additional
creditable service in the receiving plan up to the actual number of years
of creditable service in the transferring plan by paying the amount
required by the receiving plan.

5. Any individual having earned creditable service under the provisions
of any of the retirement plans identified in this section who is not
vested in such plans and who becomes employed and vested in a position
covered by another retirement plan identified in this section shall be
permitted to purchase creditable service in the plan in which the
individual is vested up to the actual number of years of creditable
service the individual has in the other plans. The cost shall be
determined using accepted actuarial methods by the receiving plan.

6. Payment in full of an amount due by an individual electing to transfer
or purchase creditable service pursuant to this section shall be made
over a period not to exceed two years, measured from the date of
election, or prior to the effective date of retirement benefit payments
to that individual by the receiving plan, whichever is earlier, and with
interest compounded annually at the actuarially assumed interest rate of
the plan receiving the payments. If payment in full is not made within
this prescribed time period, any partial payments made by the individual
because of the election shall be refunded, and no creditable service
shall be allowable in the receiving plan as a result of the partial
payments.

7. Any individual employed in nonfederal public employment in Missouri
but not covered by a retirement plan who becomes employed and vested in a
position covered by a retirement plan identified in this section shall be
permitted to purchase creditable service in the plan up to the actual
number of years of public service in an uncovered position. The cost and
creditable service allowed shall be determined using accepted actuarial
methods by the receiving plan.

8. When an individual elects to transfer creditable service from one plan
to another plan, the individual thereby forfeits any claim to any benefit
based on such service under the provisions of the retirement plan from
which the creditable service is transferred.

9. In no event shall any individual receive credit or benefits for the
same period of service or employment under more than one retirement plan
as a consequence of transfer or purchase pursuant to the provisions of
this section. Benefits paid on the basis of creditable service
transferred or purchased pursuant to the provisions of this section shall
be calculated using the formula applicable to the receiving plan. (L.
1992 S.B. 499, et al., A.L. 1993 H.B. 733 merged with S.B. 363, A.L. 1997
H.B. 356, A.L. 1999 S.B. 196)

*Transferred 1994; formerly 105.985

CROSS REFERENCE: Purchase or transfer of prior creditable service
authorized for certain persons covered by retirement plans identified in
chapter 104, 287 or 476, RSMo, RSMo 104.335

1. There is hereby created a "State Legal Expense Fund" which
shall consist of moneys appropriated to the fund by the general assembly
and moneys otherwise credited to such fund pursuant to section 105.716.

2. Moneys in the state legal expense fund shall be available for the
payment of any claim or any amount required by any final judgment
rendered by a court of competent jurisdiction against:

(1) The state of Missouri, or any agency of the state, pursuant to
section 536.050 or 536.087, RSMo, or section 537.600, RSMo;

(2) Any officer or employee of the state of Missouri or any agency of the
state, including, without limitation, elected officials, appointees,
members of state boards or commissions, and members of the Missouri
national guard upon conduct of such officer or employee arising out of
and performed in connection with his or her official duties on behalf of
the state, or any agency of the state, provided that moneys in this fund
shall not be available for payment of claims made under chapter 287,
RSMo; or

(3) (a) Any physician, psychiatrist, pharmacist, podiatrist, dentist,
nurse, or other health care provider licensed to practice in Missouri
under the provisions of chapter 330, 332, 334, 335, 336, 337 or 338,
RSMo, who is employed by the state of Missouri or any agency of the
state, under formal contract to conduct disability reviews on behalf of
the department of elementary and secondary education or provide services
to patients or inmates of state correctional facilities on a part-time
basis, and any physician, psychiatrist, pharmacist, podiatrist, dentist,
nurse, or other health care provider licensed to practice in Missouri
under the provisions of chapter 330, 332, 334, 335, 336, 337, or 338,
RSMo, who is under formal contract to provide services to patients or
inmates at a county jail on a part-time basis;

(b) Any physician licensed to practice medicine in Missouri under the
provisions of chapter 334, RSMo, and his professional corporation
organized pursuant to chapter 356, RSMo, who is employed by or under
contract with a city or county health department organized under chapter
192, RSMo, or chapter 205, RSMo, or a city health department operating
under a city charter, or a combined city-county health department to
provide services to patients for medical care caused by pregnancy,
delivery, and child care, if such medical services are provided by the
physician pursuant to the contract without compensation or the physician
is paid from no other source than a governmental agency except for
patient co-payments required by federal or state law or local ordinance;

(c) Any physician licensed to practice medicine in Missouri under the
provisions of chapter 334, RSMo, who is employed by or under contract
with a federally funded community health center organized under Section
315, 329, 330 or 340 of the Public Health Services Act (42 U.S.C. 216,
254c) to provide services to patients for medical care caused by
pregnancy, delivery, and child care, if such medical services are
provided by the physician pursuant to the contract or employment
agreement without compensation or the physician is paid from no other
source than a governmental agency or such a federally funded community
health center except for patient co-payments required by federal or state
law or local ordinance. In the case of any claim or judgment that arises
under this paragraph, the aggregate of payments from the state legal
expense fund shall be limited to a maximum of one million dollars for all
claims arising out of and judgments based upon the same act or acts
alleged in a single cause against any such physician, and shall not
exceed one million dollars for any one claimant;

(d) Any physician licensed pursuant to chapter 334, RSMo, who is
affiliated with and receives no compensation from a nonprofit entity
qualified as exempt from federal taxation under Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended, which offers a free health
screening in any setting or any physician, nurse, physician assistant,
dental hygienist, or dentist licensed or registered pursuant to chapter
332, RSMo, chapter 334, RSMo, or chapter 335, RSMo, who provides medical,
dental, or nursing treatment within the scope of his license or
registration at a city or county health department organized under
chapter 192, RSMo, or chapter 205, RSMo, a city health department
operating under a city charter, or a combined city-county health
department, or a nonprofit community health center qualified as exempt
from federal taxation under Section 501(c)(3) of the Internal Revenue
Code of 1986, as amended, if such treatment is restricted to primary care
and preventive health services, provided that such treatment shall not
include the performance of an abortion, and if such medical, dental, or
nursing services are provided by the physician, dentist, physician
assistant, dental hygienist, or nurse without compensation. Medicaid or
medicare payments for primary care and preventive health services
provided by a physician, dentist, physician assistant, dental hygienist,
or nurse who volunteers at a free health clinic is not compensation for
the purpose of this section if the total payment is assigned to the free
health clinic. For the purposes of the section, "free health clinic"
means a nonprofit community health center qualified as exempt from
federal taxation under Section 501 (c)(3) of the Internal Revenue Code of
1987, as amended, that provides primary care and preventive health
services to people without health insurance coverage for the services
provided without charge. In the case of any claim or judgment that arises
under this paragraph, the aggregate of payments from the state legal
expense fund shall be limited to a maximum of five hundred thousand
dollars, for all claims arising out of and judgments based upon the same
act or acts alleged in a single cause and shall not exceed five hundred
thousand dollars for any one claimant, and insurance policies purchased
pursuant to the provisions of section 105.721 shall be limited to five
hundred thousand dollars. Liability or malpractice insurance obtained and
maintained in force by or on behalf of any physician, dentist, physician
assistant, dental hygienist, or nurse shall not be considered available
to pay that portion of a judgment or claim for which the state legal
expense fund is liable under this paragraph; or

(e) Any physician, nurse, physician assistant, dental hygienist, or
dentist licensed or registered to practice medicine, nursing, or
dentistry or to act as a physician assistant or dental hygienist in
Missouri under the provisions of chapter 332, RSMo, chapter 334, RSMo, or
chapter 335, RSMo, who provides medical, nursing, or dental treatment
within the scope of his license or registration to students of a school
whether a public, private, or parochial elementary or secondary school,
if such physician's treatment is restricted to primary care and
preventive health services and if such medical, dental, or nursing
services are provided by the physician, dentist, physician assistant,
dental hygienist, or nurse without compensation. In the case of any claim
or judgment that arises under this paragraph, the aggregate of payments
from the state legal expense fund shall be limited to a maximum of five
hundred thousand dollars, for all claims arising out of and judgments
based upon the same act or acts alleged in a single cause and shall not
exceed five hundred thousand dollars for any one claimant, and insurance
policies purchased pursuant to the provisions of section 105.721 shall be
limited to five hundred thousand dollars; or

(4) Staff employed by the juvenile division of any judicial circuit; or

(5) Any attorney licensed to practice law in the state of Missouri who
practices law at or through a nonprofit community social services center
qualified as exempt from federal taxation under Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended, or through any agency of any
federal, state, or local government, if such legal practice is provided
by the attorney without compensation. In the case of any claim or
judgment that arises under this subdivision, the aggregate of payments
from the state legal expense fund shall be limited to a maximum of five
hundred thousand dollars for all claims arising out of and judgments
based upon the same act or acts alleged in a single cause and shall not
exceed five hundred thousand dollars for any one claimant, and insurance
policies purchased pursuant to the provisions of section 105.721 shall be
limited to five hundred thousand dollars.

3. The department of health and senior services shall promulgate rules
regarding contract procedures and the documentation of care provided
under paragraphs (b), (c), (d), and (e) of subdivision (3) of subsection
2 of this section. The limitation on payments from the state legal
expense fund or any policy of insurance procured pursuant to the
provisions of section 105.721, provided in subsection 7 of this section,
shall not apply to any claim or judgment arising under paragraph (a),
(b), (c), (d), or (e) of subdivision (3) of subsection 2 of this section.
Any claim or judgment arising under paragraph (a), (b), (c), (d), or (e)
of subdivision (3) of subsection 2 of this section shall be paid by the
state legal expense fund or any policy of insurance procured pursuant to
section 105.721, to the extent damages are allowed under sections 538.205
to 538.235, RSMo. Liability or malpractice insurance obtained and
maintained in force by any physician, dentist, physician assistant,
dental hygienist, or nurse for coverage concerning his or her private
practice and assets shall not be considered available under subsection 7
of this section to pay that portion of a judgment or claim for which the
state legal expense fund is liable under paragraph (a), (b), (c), (d), or
(e) of subdivision (3) of subsection 2 of this section. However, a
physician, nurse, dentist, physician assistant, or dental hygienist may
purchase liability or malpractice insurance for coverage of liability
claims or judgments based upon care rendered under paragraphs (c), (d),
and (e) of subdivision (3) of subsection 2 of this section which exceed
the amount of liability coverage provided by the state legal expense fund
under those paragraphs. Even if paragraph (a), (b), (c), (d), or (e) of
subdivision (3) of subsection 2 of this section is repealed or modified,
the state legal expense fund shall be available for damages which occur
while the pertinent paragraph (a), (b), (c), (d), or (e) of subdivision
(3) of subsection 2 of this section is in effect.

4. The attorney general shall promulgate rules regarding contract
procedures and the documentation of legal practice provided under
subdivision (5) of subsection 2 of this section. The limitation on
payments from the state legal expense fund or any policy of insurance
procured pursuant to section 105.721 as provided in subsection 7 of this
section shall not apply to any claim or judgment arising under
subdivision (5) of subsection 2 of this section. Any claim or judgment
arising under subdivision (5) of subsection 2 of this section shall be
paid by the state legal expense fund or any policy of insurance procured
pursuant to section 105.721 to the extent damages are allowed under
sections 538.205 to 538.235, RSMo. Liability or malpractice insurance
otherwise obtained and maintained in force shall not be considered
available under subsection 7 of this section to pay that portion of a
judgment or claim for which the state legal expense fund is liable under
subdivision (5) of subsection 2 of this section. However, an attorney may
obtain liability or malpractice insurance for coverage of liability
claims or judgments based upon legal practice rendered under subdivision
(5) of subsection 2 of this section that exceed the amount of liability
coverage provided by the state legal expense fund under subdivision (5)
of subsection 2 of this section. Even if subdivision (5) of subsection 2
of this section is repealed or amended, the state legal expense fund
shall be available for damages that occur while the pertinent subdivision
(5) of subsection 2 of this section is in effect.

5. All payments shall be made from the state legal expense fund by the
commissioner of administration with the approval of the attorney general.
Payment from the state legal expense fund of a claim or final judgment
award against a physician, dentist, physician assistant, dental
hygienist, or nurse described in paragraph (a), (b), (c), (d), or (e) of
subdivision (3) of subsection 2 of this section, or against an attorney
in subdivision (5) of subsection 2 of this section, shall only be made
for services rendered in accordance with the conditions of such
paragraphs. In the case of any claim or judgment against an officer or
employee of the state or any agency of the state based upon conduct of
such officer or employee arising out of and performed in connection with
his or her official duties on behalf of the state or any agency of the
state that would give rise to a cause of action under section 537.600,
RSMo, the state legal expense fund shall be liable, excluding punitive
damages, for:

(1) Economic damages to any one claimant; and

(2) Up to three hundred fifty thousand dollars for noneconomic damages.

The state legal expense fund shall be the exclusive remedy and shall
preclude any other civil actions or proceedings for money damages arising
out of or relating to the same subject matter against the state officer
or employee, or the officer's or employee's estate. No officer or
employee of the state or any agency of the state shall be individually
liable in his or her personal capacity for conduct of such officer or
employee arising out of and performed in connection with his or her
official duties on behalf of the state or any agency of the state. The
provisions of this subsection shall not apply to any defendant who is not
an officer or employee of the state or any agency of the state in any
proceeding against an officer or employee of the state or any agency of
the state. Nothing in this subsection shall limit the rights and remedies
otherwise available to a claimant under state law or common law in
proceedings where one or more defendants is not an officer or employee of
the state or any agency of the state.

6. The limitation on awards for noneconomic damages provided for in this
subsection shall be increased or decreased on an annual basis effective
January first of each year in accordance with the Implicit Price Deflator
for Personal Consumption Expenditures as published by the Bureau of
Economic Analysis of the United States Department of Commerce. The
current value of the limitation shall be calculated by the director of
the department of insurance, who shall furnish that value to the
secretary of state, who shall publish such value in the Missouri Register
as soon after each January first as practicable, but it shall otherwise
be exempt from the provisions of section 536.021, RSMo.

7. Except as provided in subsection 3 of this section, in the case of any
claim or judgment that arises under sections 537.600 and 537.610, RSMo,
against the state of Missouri, or an agency of the state, the aggregate
of payments from the state legal expense fund and from any policy of
insurance procured pursuant to the provisions of section 105.721 shall
not exceed the limits of liability as provided in sections 537.600 to
537.610, RSMo. No payment shall be made from the state legal expense fund
or any policy of insurance procured with state funds pursuant to section
105.721 unless and until the benefits provided to pay the claim by any
other policy of liability insurance have been exhausted.

8. The provisions of section 33.080, RSMo, notwithstanding, any moneys
remaining to the credit of the state legal expense fund at the end of an
appropriation period shall not be transferred to general revenue.

9. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is promulgated under the authority delegated in
sections 105.711 to 105.726 shall become effective only if it has been
promulgated pursuant to the provisions of chapter 536, RSMo. Nothing in
this section shall be interpreted to repeal or affect the validity of any
rule filed or adopted prior to August 28, 1999, if it fully complied with
the provisions of chapter 536, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date, or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 1999, shall be invalid and void. (L.
1983 S.B. 275, A.L. 1987 H.B. 667, et al., A.L. 1989 H.B. 408, A.L. 1990
S.B. 765, A.L. 1993 H.B. 564 merged with S.B. 52 merged with S.B. 88
merged with S.B. 180, A.L. 1995 S.B. 3, A.L. 1999 S.B. 295 & 46, A.L.
2004 S.B. 974 merged with S.B. 1211 merged with S.B. 1247, A.L. 2005 H.B.
58 merged with H.B. 353 merged with S.B. 420 & 344)

CROSS REFERENCE: Liability of state and public entities, increases to be
effective on certain causes of actions, when, RSMo 537.615

(2005) State legal expense fund provides coverage for St. Louis Board of
Police Commissioners as an agency of the state and for St. Louis Police
Department officers as officers of the state. Smith v. State, 152 S.W.3d
275 (Mo.banc).

Dental primary care and preventive health services as authorized
in section 105.711 shall include examinations, cleaning, fluoride
treatment, application of sealants, placement of basic restorations,
extractions, and emergency treatment to relieve pain. (L. 2001 S.B. 393 §
1, A.L. 2005 S.B. 177)

1. Any investigation, defense, negotiation, or compromise of any
claim covered by sections 105.711 to 105.726 shall be conducted by the
attorney general; provided, that in the case of any claim against the
department of conservation, the department of transportation or a public
institution which awards baccalaureate degrees, or any officer or
employee of such department or* such institution, any investigation,
defense, negotiation, or compromise of any claim covered by sections
105.711 to 105.726 shall be conducted by legal counsel provided by the
respective entity against which the claim is made or which employs the
person against whom the claim is made. In the case of any payment from
the state legal expense fund based upon a claim or judgment against the
department of conservation, the department of transportation or any
officer or employee thereof, the department so affected shall immediately
transfer to the state legal expense fund from the department funds a sum
equal to the amount expended from the state legal expense fund on its
behalf.

2. All persons and entities protected by the state legal expense fund
shall cooperate with the attorneys conducting any investigation and
preparing any defense under the provisions of sections 105.711 to 105.726
by assisting such attorneys in all respects, including the making of
settlements, the securing and giving of evidence, and the attending and
obtaining witness to attend hearings and trials. Funds in the state legal
expense fund shall not be used to pay claims and judgments against those
persons and entities who do not cooperate as required by this subsection.

3. The provisions of sections 105.711 to 105.726 notwithstanding, the
attorney general may investigate, defend, negotiate, or compromise any
claim covered by sections 105.711 to 105.726 against any public
institution which awards baccalaureate degrees whose governing body has
declared a state of financial exigency.

4. Notwithstanding the provisions of subsection 2 of section 105.711,
funds in the state legal expense fund may be expended prior to the
payment of any claim or any final judgment to pay costs of defense,
including reasonable attorney's fees for retention of legal counsel, when
the attorney general determines that a conflict exists or particular
expertise is** required, and also to pay for related legal expenses
including medical examination fees, expert witness fees, court reporter
expenses, travel costs and ancillary legal expenses incurred prior to the
payment of a claim or any final judgment. (L. 1983 S.B. 275, A.L. 1987
H.B. 667, et al. merged with H.B. 564)

Effective 9-28-87 (subsecs. 1, 2, 3) 8-31-87 (subsec. 4)

*Word "of" appears in original rolls.

**Word "in" appears in original rolls.

1. The commissioner of administration may, in his discretion,
direct that any or all of the moneys appropriated to the state legal
expense fund be expended to procure one or more policies of insurance to
insure against all or any portion of the potential liabilities of the
state of Missouri or its agencies, officers, and employees.

2. Until July 1, 1996, the commissioner of administration may procure one
or more policies of insurance or reinsurance to insure against all
potential losses from liabilities incurred by the state legal expense
fund under paragraphs (d) and (e) of subdivision (3) of subsection 2 of
section 105.711. On or before January 1, 1996, the commissioner of
administration shall prepare and distribute a report regarding the cost
effectiveness of insuring against potential losses to the state under
paragraphs (d) and (e) of subdivision (3) of subsection 2 of section
105.711, by the direct purchase of an insurance policy or policies as
compared to self-insuring against such losses through appropriations to
the state legal expense fund under section 105.711. The report shall be
submitted to the governor, the speaker of the house of representatives,
the president pro tempore of the senate, and upon request to any member
of the general assembly.

3. After consultation with the state courts administrator, the
commissioner of administration shall procure such surety bonds as are
required by statute and such surety bonds as he deems necessary to
protect the state against loss from the acts or omissions of any person
within the judiciary that receives compensation from the state. No other
bond for such person shall be required for the protection of the state. A
copy of any bond procured pursuant to this section shall be filed with
the secretary of state. (L. 1983 S.B. 275, A.L. 1993 H.B. 564 merged with
S.B. 395)

1. Nothing in sections 105.711 to 105.726 shall be construed to
broaden the liability of the state of Missouri beyond the provisions of
sections 537.600 to 537.610, RSMo, nor to abolish or waive any defense at
law which might otherwise be available to any agency, officer, or
employee of the state of Missouri. Sections 105.711 to 105.726 do not
waive the sovereign immunity of the state of Missouri.

2. The creation of the state legal expense fund and the payment therefrom
of such amounts as may be necessary for the benefit of any person covered
thereby are deemed necessary and proper public purposes for which funds
of this state may be expended.

3. Moneys in the state legal expense fund shall not be available for the
payment of any claim or any amount required by any final judgment
rendered by a court of competent jurisdiction against a board of police
commissioners established under chapter 84, RSMo, including the
commissioners, any police officer, notwithstanding sections 84.330 and
84.710, RSMo, or other provisions of law, other employees, agents,
representative, or any other individual or entity acting or purporting to
act on its or their behalf. Such was the intent of the general assembly
in the original enactment of sections 105.711 to 105.726, and it is made
express by this section in light of the decision in Wayman Smith, III, et
al. v. State of Missouri, 152 S.W.3d 275. Except that the commissioner of
administration shall reimburse from the legal expense fund any board of
police commissioners established under chapter 84, RSMo, for liability
claims otherwise eligible for payment under section 105.711 paid by such
boards on an equal share basis per claim up to a maximum of one million
dollars per fiscal year.

4. If the representation of the attorney general is requested by a board
of police commissioners, the attorney general shall represent,
investigate, defend, negotiate, or compromise all claims under sections
105.711 to 105.726 for the board of police commissioners, any police
officer, other employees, agents, representatives, or any other
individual or entity acting or purporting to act on their behalf. The
attorney general may establish procedures by rules promulgated under
chapter 536, RSMo, under which claims must be referred for the attorney
general's representation. The attorney general and the officials of the
city which the police board represents shall meet and negotiate
reasonable expenses or charges that will fairly compensate the attorney
general and the office of administration for the cost of the
representation of the claims under this section.

5. Claims tendered to the attorney general promptly after the claim was
asserted as required by section 105.716 and prior to August 28, 2005, may
be investigated, defended, negotiated, or compromised by the attorney
general and full payments may be made from the state legal expense fund
on behalf of the entities and individuals described in this section as a
result of the holding in Wayman Smith, III, et al. v. State of Missouri,
152 S.W.3d 275. (L. 1983 S.B. 275, A.L. 2005 S.B. 420 & 344)

As used in sections 105.800 to 105.850, the term "state
employee" means any person who is an elected or appointed official of the
state of Missouri or who is employed by the state and earns a salary or
wage in a position normally requiring the actual performance by him of
duties on behalf of the state. The term "state employee" also includes
all juvenile court personnel, whether compensation for such personnel is
paid by the state, the judicial circuits, the counties, or a combination
thereof. (L. 1969 S.B. 213 § 1, A.L. 1993 S.B. 88 merged with S.B. 180)

The provisions of chapter 287, RSMo, governing workers'
compensation are extended to include all state employees. The state of
Missouri shall have the option to become a self-insurer and assume all
liability imposed by chapter 287, RSMo, or to purchase insurance in
companies licensed to write workers' compensation insurance in this state
and if the state elects to self-insure, the attorney general shall appear
on behalf of and defend the state in all actions brought by state
employees under the provisions of the workers' compensation law. Any
legal expenses incurred by the attorney general's office in defense of
such claims, including, but not limited to, medical examination fees,
expert witness fees, court reporter expenses, travel costs, and related
legal expenses shall be paid from the moneys designated by the
legislature for the payment of workers' compensation claims of state
employees. (L. 1969 S.B. 213 § 2, A.L. 1987 H.B. 564)

Effective 8-31-87

The head of each executive department and constitutional agency
and in the case of the judicial branch of the government the chief
justice of the supreme court, and in the case of the legislative branch
of the government the president pro tem of the senate and the speaker of
the house of representatives acting together, shall exercise the option
to insure or self-insure in the best interest of the state and shall
perform such duties as may be necessary or incidental to carry out
effectively the purposes of sections 105.800 to 105.850. (L. 1969 S.B.
213 § 3)

Nothing in sections 105.800 to 105.850 shall affect any
department or constitutional agency which is already under the provisions
of chapter 287, RSMo, but every employee of each department and agency
shall be covered by the provisions of chapter 287, RSMo. (L. 1969 S.B.
213 § 4)

In addition to any other provision of law each elected member of
the legislative branch of government shall be considered to be within the
scope of his office while traveling between his district and the seat of
government in connection with his legislative duties. (L. 1969 S.B. 213 §
5)

Nothing in sections 105.800 to 105.850 shall ever be construed
as acknowledging or creating any liability in tort or as incurring other
obligations or duties except only the duty and obligation of complying
with the provisions of chapter 287, RSMo. (L. 1969 S.B. 213 § 6)

(1977) Statutes which contain disclaimer provisions that they shall not
be construed as waiver of sovereign immunity show desirability of
providing relief rather than legislative expression favoring retention of
sovereign immunity. Jones v. State Highway Commission (Mo.), 557 S.W.2d
225.

1. As herein provided, "employee" means any person*, including
elected or appointed officials, receiving compensation from the state,
city, county, or other political subdivision for services rendered,
including salaried persons. In no event shall the total of the amount of
deferred compensation to be set aside under a deferred compensation
program and the employee's nondeferred income for any year exceed the
total annual salary or compensation under the existing salary schedule or
classification plan applicable to such employee in such year.

2. The deferred compensation program established by sections 105.900 to
105.925, shall exist and serve in addition to retirement, pension and
benefit systems established by the state or political subdivision. Any
income deferred under such a plan shall continue to be included as
regular compensation for the purpose of computing the retirement and
pension benefits earned by any employee. However, any sum deferred under
the deferred compensation program shall be exempt from taxation by this
state to the same extent as it is exempt from income tax imposed by the
United States. (L. 1974 H.B. 1112 § 1)

*Word "persons" appears in original rolls.

Notwithstanding any law to the contrary, the state of Missouri,
or any city, county, or other political subdivision shall be authorized
to enter into a written contract with any of their employees to defer, in
whole or in part, any part of their gross compensation and invest said
funds in any such manner as prescribed by the deferred compensation
program of the state, or its cities, counties, or other political
subdivisions and as permitted under subsequent provisions of sections
105.900 to 105.925. (L. 1974 H.B. 1112 § 2, A.L. 1977 H.B. 482)

1. Sections 105.900 to 105.925 shall provide for the
establishment of the "Missouri State Public Employees Deferred
Compensation Fund". This fund shall be administered by the Missouri state
public employees deferred compensation commission. The commission shall
approve any deferred compensation agreement entered into by the state
pursuant to sections 105.900 to 105.925 and shall oversee the orderly
administration of the fund in compliance with the subsequent provisions
of sections 105.900 to 105.925.

2. Such commission shall have five commissioners, including one member of
the Missouri state house of representatives to be selected by the speaker
of the house, one member of the Missouri state senate to be selected by
the president pro tempore of the senate, and three other such
commissioners to be appointed by the governor of the state of Missouri by
and with the advice and consent of the senate. The legislators appointed
as commissioners shall serve during their terms of office in the general
assembly. The commissioners appointed by the governor shall serve a term
of three years; except that, of the commissioners first appointed, one
shall be appointed for a term of one year, one shall be appointed for a
term of two years, and one shall be appointed for a term of three years.
The commission shall annually elect a chairman and shall be required to
meet not less than quarterly or at any other such time as called by the
chairman or a majority of the commission. (L. 1974 H.B. 1112 § 3)

1. Subject to the approval of Missouri state public employees
deferred compensation commission, the office of administration shall
establish and administer a deferred compensation plan for the employees
of the state of Missouri. Participation in such plan shall be by a
specific written agreement between such employees and the state which
shall provide for the deferral of such amount of compensation as
requested by the employee. Participating employees must authorize that
such deferrals be made from their wages for the purpose of participation
in such program.

2. Notwithstanding any other provision of this code, funds held for the
state by the Missouri public employees deferred compensation commission
pursuant to written deferred compensation agreement between the state and
participating employees may be invested, in such investments as are
deemed appropriate by the office of administration and approved by the
commission, including, but not limited to, life insurance or annuity
contracts or mutual funds. It is further provided that all such
insurance, annuities, mutual funds, or other such investment products to
be offered pursuant to this plan shall have been reviewed and selected by
the commission based on a competitive bidding process as established by
such specifications and considerations as are deemed appropriate by the
commission. Such investments shall not be construed to be a prohibited
use of the general assets of the state.

3. In no case shall such investment be offered by other than such persons
and companies authorized and duly licensed by the state of Missouri and
applicable federal regulatory agencies to offer such insurance or
investment programs in compliance with all relevant provisions of this
code. (L. 1974 H.B. 1112 § 4, A.L. 1977 H.B. 482)

The financial liability of the state, or political subdivision
under a deferred compensation program shall be limited in each instance
to the value of the particular fixed or variable life insurance or
annuity contract, mutual funds or other such investment options purchased
on behalf of any employee. (L. 1974 H.B. 1112 § 5)

1. As provided in sections 105.900 to 105.925, any city, county,
institution of the state of Missouri, or other political subdivision may
establish for its employees a deferred compensation program.
Participation shall be by written agreement between such employees and
the legislative authority of the city, county, institution, or other
political subdivision providing for the deferral of such compensation and
the subsequent investment and administration of such funds.

2. For purposes of funding such agreements between the city, county,
institution, or other such political subdivision and the participating
employees, the agency or department as designated by the legislative
authority to establish and administer such plans may invest such funds,
with the consent of the participating employee, in such investments
deemed appropriate by said agency or department, including, but not
limited to, life insurance or annuity contracts. Such payments shall not
be construed to be a prohibited use of the general assets of the
political subdivision.

3. Notwithstanding any provision of sections 105.900 to 105.925 of the
Missouri revised statutes to the contrary, this section does not limit
the power or authority of any city, county, municipal corporation,
political subdivision, or any institution supported in whole or in part
by public funds to establish and administer any other such deferred
compensation plans as might be deemed appropriate by the officials of
such subdivisions or institutions. Providing, however, that in no case
may any insurance or investment as authorized under such a plan be
offered by other than a duly licensed resident agent representing a
company duly licensed and authorized by the state of Missouri and other
applicable federal regulatory agencies to offer such insurance or
investment programs in compliance with all provisions of this code. (L.
1974 H.B. 1112 § 6)

1. The treasurer of the state of Missouri shall credit an amount
not to exceed seventy-five dollars per month, to a plan established
pursuant to the provisions of the Internal Revenue Code Section 401(a)
for each qualified participant in the state's deferred compensation
program; provided that funds to be credited to each qualified
participant's account shall not exceed the amount appropriated by the
general assembly for each qualified participant. Funds so credited shall
be held, administered and invested as provided in sections 105.900 to
105.925 and the plan document adopted for the administration of such
contributions.

2. For purposes of this section, "qualified participant" means an
employee of the state of Missouri who is making continuous deferrals of
at least twenty-five dollars per month to the deferred compensation
program and has been an employee of the state of Missouri for at least
twelve consecutive months immediately preceding the commencement of any
amount credited pursuant to this section. The amount credited on behalf
of a qualified participant pursuant to this section shall not exceed the
amount that the qualified participant contributes to his or her deferred
compensation plan. (L. 1994 H.B. 947 § 1, A.L. 1998 H.B. 1229)

1. Any state employee who has accrued any overtime hours may
choose to use those hours as compensatory leave time provided that the
leave time is available and agreed upon by both the state employee and
his or her supervisor.

2. A state employee who is a nonexempt employee pursuant to the
provisions of the Fair Labor Standards Act shall be eligible for payment
of overtime in accordance with subsection 4 of this section. A nonexempt
state employee who works on a designated state holiday shall be granted
equal compensatory time off duty or shall receive, at his or her choice,
the employee's straight time hourly rate in cash payment. A nonexempt
state employee shall be paid in cash for overtime unless the employee
requests compensatory time off at the applicable overtime rate. As used
in this section, the term "state employee" means any person who is
employed by the state and earns a salary or wage in a position normally
requiring the actual performance by him or her of duties on behalf of the
state, but shall not include any employee who is exempt under the
provisions of the Fair Labor Standards Act or any employee of the general
assembly.

3. Beginning on January 1, 2006, and annually thereafter each department
shall pay all nonexempt state employees in full for any overtime hours
accrued during the previous calendar year which have not already been
paid or used in the form of compensatory leave time. All nonexempt state
employees shall have the option of retaining up to a total of eighty
compensatory time hours.

4. The provisions of subsection 2 of this section shall only apply to
nonexempt state employees who are otherwise eligible for compensatory
time under the Fair Labor Standards Act, excluding employees of the
general assembly. Any nonexempt state employee requesting cash payment
for overtime worked shall notify such employee's department in writing of
such decision and state the number of hours, no less than twenty, for
which payment is desired. The department shall pay the employee within
the calendar month following the month in which a valid request is made.
Nothing in this section shall be construed as creating a new compensatory
benefit for state employees.

*5. Each department shall, by November first of each year, notify the
commissioner of administration, the house budget committee chair, and the
senate appropriations committee chair of the amount of overtime paid in
the previous fiscal year and an estimate of overtime to be paid in the
current fiscal year. The fiscal year estimate for overtime pay to be paid
by each department shall be designated as a separate line item in the
appropriations bill for that department. The provisions of this
subsection shall become effective July 1, 2005.

6. Each state department shall report quarterly to the house of
representatives budget committee chair, the senate appropriations
committee chair, and the commissioner of administration the cumulative
number of accrued overtime hours for department employees, the dollar
equivalent of such overtime hours, the number of authorized full-time
equivalent positions and vacant positions, the amount of funds for any
vacant positions which will be used to pay overtime compensation for
employees with full-time equivalent positions, and the current balance in
the department's personal service fund.

7. This section is applicable to overtime earned under the Fair Labor
Standards Act. This section is applicable to employees who are employed
in nonexempt positions providing direct client care or custody in
facilities operating on a twenty-four-hour seven-day-a-week basis in the
department of corrections, the department of mental health, the division
of youth services of the department of social services, and the veterans
commission of the department of public safety. (L. 2004 H.B. 1548, A.L.
2005 S.B. 367)

Effective 1-1-06

*Subsection 5 becomes effective 7-1-05

1. Until June 30, 2000, the commissioner of administration and
the directors of the departments of revenue, social services,
agriculture, economic development, corrections, labor and industrial
relations, natural resources, and public safety shall continue to receive
the salaries they received on August 27, 1999, subject to annual
adjustments as provided in section 105.005.

2. On and after July 1, 2000, the salary of the directors of the above
departments shall be set by the governor within the limits of the salary
ranges established pursuant to this section and the appropriation for
that purpose. Salary ranges for department directors and members of the
board of probation and parole shall be set by the personnel advisory
board after considering the results of a study periodically performed or
administered by the office of administration. Such salary ranges shall be
published yearly in an appendix to the revised statutes of Missouri.

3. Each of the above salaries shall be increased by any salary adjustment
provided pursuant to the provisions of section 105.005. (L. 1977 H.B. 841
§ 2, A.L. 1980 H.B. 1266, A.L. 1984 S.B. 528, A.L. 1990 H.B. 974, A.L.
1999 H.B. 368)

Revisor's note: Salary adjustment index is printed, as required by §
105.005, in Appendix E.

1. A bipartisan "Missouri Ethics Commission", composed of six
members, is hereby established. The commission shall be assigned to the
office of administration with supervision by the office of administration
only for budgeting and reporting as provided by subdivisions (4) and (5)
of subsection 6 of section 1 of the Reorganization Act of 1974.
Supervision by the office of administration shall not extend to matters
relating to policies, regulative functions or appeals from decisions of
the commission, and the commissioner of administration, any employee of
the office of administration, or the governor, either directly or
indirectly, shall not participate or interfere with the activities of the
commission in any manner not specifically provided by law and shall not
in any manner interfere with the budget request of or withhold any moneys
appropriated to the commission by the general assembly. All members of
the commission shall be appointed by the governor with the advice and
consent of the senate from lists submitted pursuant to this section. Each
congressional district committee of the political parties having the two
highest number of votes cast for their candidate for governor at the last
gubernatorial election shall submit two names of eligible nominees for
membership on the commission to the governor, and the governor shall
select six members from such nominees to serve on the commission.

2. Within thirty days of submission of the person's name to the governor
as provided in subsection 1 of this section, and in order to be an
eligible nominee for appointment to the commission, a person shall file a
financial interest statement in the manner provided by section 105.485
and shall provide the governor, the president pro tempore of the senate,
and the commission with a list of all political contributions and the
name of the candidate or committee, political party, or continuing
committee, as defined in chapter 130, RSMo, to which those contributions
were made within the four-year period prior to such appointment, made by
the nominee, the nominee's spouse, or any business entity in which the
nominee has a substantial interest. The information shall be maintained
by the commission and available for public inspection during the period
of time during which the appointee is a member of the commission. In
order to be an eligible nominee for membership on the commission, a
person shall be a citizen and a resident of the state and shall have been
a registered voter in the state for a period of at least five years
preceding the person's appointment.

3. The term of each member shall be for four years, except that of the
members first appointed, the governor shall select three members from
even-numbered congressional districts and three members from odd-numbered
districts. Not more than three members of the commission shall be members
of the same political party, nor shall more than one member be from any
one United States congressional district. Not more than two members
appointed from the even-numbered congressional districts shall be members
of the same political party, and no more than two members from the
odd-numbered congressional districts shall be members of the same
political party. Of the members first appointed, the terms of the members
appointed from the odd-numbered congressional districts shall expire on
March 15, 1994, and the terms of the members appointed from the
even-numbered congressional districts shall expire on March 15, 1996.
Thereafter all successor members of the commission shall be appointed for
four-year terms. Terms of successor members of the commission shall
expire on March fifteenth of the fourth year of their term. No member of
the commission shall serve on the commission after the expiration of the
member's term. No person shall be appointed to more than one full
four-year term on the commission.

4. Vacancies or expired terms on the commission shall be filled in the
same manner as the original appointment was made, except as provided in
this subsection. Within thirty days of the vacancy or ninety days before
the expiration of the term, the names of two eligible nominees for
membership on the commission shall be submitted to the governor by the
congressional district committees of the political party or parties of
the vacating member or members, from the even- or odd-numbered
congressional districts, based on the residence of the vacating member or
members, other than from the congressional district committees from
districts then represented on the commission and from the same
congressional district party committee or committees which originally
appointed the member or members whose positions are vacated. Appointments
to fill vacancies or expired terms shall be made within forty-five days
after the deadline for submission of names by the congressional district
committees, and shall be subject to the same qualifications for
appointment and eligibility as is provided in subsections 2 and 3 of this
section. Appointments to fill vacancies for unexpired terms shall be for
the remainder of the unexpired term of the member whom the appointee
succeeds, and such appointees shall be eligible for appointment to one
full four-year term. If the congressional district committee does not
submit the required two nominees within the thirty days or if the
congressional district committee does not submit the two nominees within
an additional thirty days after receiving notice from the governor to
submit the nominees, then the governor may appoint a person or persons
who shall be subject to the same qualifications for appointment and
eligibility as provided in subsections 2 and 3 of this section.

5. The governor, with the advice and consent of the senate, may remove
any member only for substantial neglect of duty, inability to discharge
the powers and duties of office, gross misconduct or conviction of a
felony or a crime involving moral turpitude. Members of the commission
also may be removed from office by concurrent resolution of the general
assembly signed by the governor. If such resolution receives the vote of
two-thirds or more of the membership of both houses of the general
assembly, the signature of the governor shall not be necessary to effect
removal. The office of any member of the commission who moves from the
congressional district from which the member was appointed shall be
deemed vacated upon such change of residence.

6. The commission shall elect biennially one of its members as the
chairman. The chairman may not succeed himself or herself after two
years. No member of the commission shall succeed as chairman any member
of the same political party as himself or herself. At least four members
are necessary to constitute a quorum, and at least four affirmative votes
shall be required for any action or recommendation of the commission.

7. No member or employee of the commission, during the person's term of
service, shall hold or be a candidate for any other public office.

8. In the event that a retired judge is appointed as a member of the
commission, the judge shall not serve as a special investigator while
serving as a member of the commission.

9. No member of the commission shall, during the member's term of service
or within one year thereafter:

(1) Be employed by the state or any political subdivision of the state;

(2) Be employed as a lobbyist;

(3) Serve on any other governmental board or commission;

(4) Be an officer of any political party or political organization;

(5) Permit the person's name to be used, or make contributions, in
support of or in opposition to any candidate or proposition;

(6) Participate in any way in any election campaign; except that a member
or employee of the commission shall retain the right to register and vote
in any election, to express the person's opinion privately on political
subjects or candidates, to participate in the activities of a civic,
community, social, labor or professional organization and to be a member
of a political party.

10. Each member of the commission shall receive, as full compensation for
the member's services, the sum of one hundred dollars per day for each
full day actually spent on work of the commission, and the member's
actual and necessary expenses incurred in the performance of the member's
official duties.

11. The commission shall appoint an executive director who shall serve
subject to the supervision of and at the pleasure of the commission, but
in no event for more than six years. The executive director shall be
responsible for the administrative operations of the commission and
perform such other duties as may be delegated or assigned to the director
by law or by rule of the commission. The executive director shall employ
staff and retain such contract services as the director deems necessary,
within the limits authorized by appropriations by the general assembly.

12. Beginning on January 1, 1993, all lobbyist registration and
expenditure reports filed pursuant to section 105.473, financial interest
statements filed pursuant to subdivision (1) of section 105.489, and
campaign finance disclosure reports filed other than with election
authorities or local election authorities as provided by section 130.026,
RSMo, shall be filed with the commission.

13. Within sixty days of the initial meeting of the first commission
appointed, the commission shall obtain from the clerk of the supreme
court or the state courts administrator a list of retired appellate and
circuit court judges who did not leave the judiciary as a result of being
defeated in an election. The executive director shall determine those
judges who indicate their desire to serve as special investigators and to
investigate any and all complaints referred to them by the commission.
The executive director shall maintain an updated list of those judges
qualified and available for appointment to serve as special
investigators. Such list shall be updated at least annually. The
commission shall refer complaints to such special investigators on that
list on a rotating schedule which ensures a random assignment of each
special investigator. Each special investigator shall receive only one
unrelated investigation at a time and shall not be assigned to a second
or subsequent investigation until all other eligible investigators on the
list have been assigned to an investigation. In the event that no special
investigator is qualified or available to conduct a particular
investigation, the commission may appoint a special investigator to
conduct such particular investigation.

14. The commission shall have the following duties and responsibilities
relevant to the impartial and effective enforcement of sections 105.450
to 105.496 and chapter 130, RSMo, as provided in sections 105.955 to
105.963:

(1) Receive and review complaints regarding alleged violation of sections
105.450 to 105.496 and chapter 130, RSMo, conduct initial reviews and
investigations regarding such complaints as provided herein; refer
complaints to appropriate prosecuting authorities and appropriate
disciplinary authorities along with recommendations for sanctions; and
initiate judicial proceedings as allowed by sections 105.955 to 105.963;

(2) Review and audit any reports and statements required by the campaign
finance disclosure laws contained in chapter 130, RSMo, and financial
interest disclosure laws or lobbyist registration and reporting laws as
provided by sections 105.470 to 105.492, for timeliness, accuracy and
completeness of content as provided in sections 105.955 to 105.963;

(3) Develop appropriate systems to file and maintain an index of all such
reports and statements to facilitate public access to such information,
except as may be limited by confidentiality requirements otherwise
provided by law, including cross-checking of information contained in
such statements and reports. The commission may enter into contracts with
the appropriate filing officers to effectuate such system. Such filing
officers shall cooperate as necessary with the commission as reasonable
and necessary to effectuate such purposes;

(4) Provide information and assistance to lobbyists, elected and
appointed officials, and employees of the state and political
subdivisions in carrying out the provisions of sections 105.450 to
105.496 and chapter 130, RSMo;

(5) Make recommendations to the governor and general assembly or any
state agency on the need for further legislation with respect to the
ethical conduct of public officials and employees and to advise state and
local government in the development of local government codes of ethics
and methods of disclosing conflicts of interest as the commission may
deem appropriate to promote high ethical standards among all elected and
appointed officials or employees of the state or any political
subdivision thereof and lobbyists;

(6) Render advisory opinions as provided by this section;

(7) Promulgate rules relating to the provisions of sections 105.955 to
105.963 and chapter 130, RSMo. All rules and regulations issued by the
commission shall be prospective only in operation;

(8) Request and receive from the officials and entities identified in
subdivision (6) of section 105.450 designations of decision-making public
servants.

15. In connection with such powers provided by sections 105.955 to
105.963 and chapter 130, RSMo, the commission may:

(1) Subpoena witnesses and compel their attendance and testimony.
Subpoenas shall be served and enforced in the same manner provided by
section 536.077, RSMo;

(2) Administer oaths and affirmations;

(3) Take evidence and require by subpoena duces tecum the production of
books, papers, and other records relating to any matter being
investigated or to the performance of the commission's duties or exercise
of its powers. Subpoenas duces tecum shall be served and enforced in the
same manner provided by section 536.077, RSMo;

(4) Employ such personnel, including legal counsel, and contract for
services including legal counsel, within the limits of its appropriation,
as it deems necessary provided such legal counsel, either employed or
contracted, represents the Missouri ethics commission before any state
agency or before the courts at the request of the Missouri ethics
commission. Nothing in this section shall limit the authority of the
Missouri ethics commission as provided for in subsection 2 of section
105.961; and

(5) Obtain information from any department, division or agency of the
state or any political subdivision reasonably calculated to lead to the
discovery of evidence which will reasonably assist the commission in
carrying out the duties prescribed in sections 105.955 to 105.963 and
chapter 130, RSMo.

16. (1) Upon written request for an advisory opinion received by the
commission, and if the commission determines that the person requesting
the opinion would be directly affected by the application of law to the
facts presented by the requesting person, the commission shall issue a
written opinion advising the person who made the request, in response to
the person's particular request, regarding any issue that the commission
can receive a complaint on pursuant to section 105.957. The commission
may decline to issue a written opinion by a vote of four members and
shall provide to the requesting person the reason for the refusal in
writing. The commission shall give an approximate time frame as to when
the written opinion shall be issued. Such advisory opinions shall be
issued no later than ninety days from the date of receipt by the
commission. Such requests and advisory opinions, deleting the name and
identity of the requesting person, shall be compiled and published by the
commission on at least an annual basis. Advisory opinions issued by the
commission shall be maintained and made available for public inspection
and copying at the office of the commission during normal business hours.
Any advisory opinion or portion of an advisory opinion rendered pursuant
to this subsection shall be withdrawn by the commission if, after hearing
thereon, the joint committee on administrative rules finds that such
advisory opinion is beyond or contrary to the statutory authority of the
commission or is inconsistent with the legislative intent of any law
enacted by the general assembly, and after the general assembly, by
concurrent resolution, votes to adopt the findings and conclusions of the
joint committee on administrative rules. Any such concurrent resolution
adopted by the general assembly shall be published at length by the
commission in its publication of advisory opinions of the commission next
following the adoption of such resolution, and a copy of such concurrent
resolution shall be maintained by the commission, along with the
withdrawn advisory opinion, in its public file of advisory opinions. The
commission shall also send a copy of such resolution to the person who
originally requested the withdrawn advisory opinion. Any advisory opinion
issued by the ethics commission shall act as legal direction to any
person requesting such opinion and no person shall be liable for relying
on the opinion and it shall act as a defense of justification against
prosecution. An advisory opinion of the commission shall not be withdrawn
unless:

(a) The authorizing statute is declared unconstitutional;

(b) The opinion goes beyond the power authorized by statute; or

(c) The authorizing statute is changed to invalidate the opinion.

(2) Upon request, the attorney general shall give the attorney general's
opinion, without fee, to the commission, any elected official of the
state or any political subdivision, any member of the general assembly,
or any director of any department, division or agency of the state, upon
any question of law regarding the effect or application of sections
105.450 to 105.496, or chapter 130, RSMo. Such opinion need be in writing
only upon request of such official, member or director, and in any event
shall be rendered within sixty days that such request is delivered to the
attorney general.

17. The state auditor and the state auditor's duly authorized employees
who have taken the oath of confidentiality required by section 29.070,
RSMo, may audit the commission and in connection therewith may inspect
materials relating to the functions of the commission. Such audit shall
include a determination of whether appropriations were spent within the
intent of the general assembly, but shall not extend to review of any
file or document pertaining to any particular investigation, audit or
review by the commission, an investigator or any staff or person employed
by the commission or under the supervision of the commission or an
investigator. The state auditor and any employee of the state auditor
shall not disclose the identity of any person who is or was the subject
of an investigation by the commission and whose identity is not public
information as provided by law.

18. From time to time but no more frequently than annually the commission
may request the officials and entities described in subdivision (6) of
section 105.450 to identify for the commission in writing those persons
associated with such office or entity which such office or entity has
designated as a decision-making public servant. Each office or entity
delineated in subdivision (6) of section 105.450 receiving such a request
shall identify those so designated within thirty days of the commission's
request. (L. 1991 S.B. 262 § 1, A.L. 1994 S.B. 650, A.L. 1995 H.B. 484,
et al., A.L. 1996 S.B. 501, A.L. 1997 S.B. 16, A.L. 1999 S.B. 31 & 285)

No advisory opinion issued before August 28, 1997, by the ethics
commission shall be withdrawn except pursuant to the provisions of
section 105.955. (L. 1997 S.B. 16 § 130.047 subsec. 2)

1. The commission shall receive any complaints alleging
violation of the provisions of:

(1) The requirements imposed on lobbyists by sections 105.470 to 105.478;

(2) The financial interest disclosure requirements contained in sections
105.483 to 105.492;

(3) The campaign finance disclosure requirements contained in chapter
130, RSMo;

(4) Any code of conduct promulgated by any department, division or agency
of state government, or by state institutions of higher education, or by
executive order;

(5) The conflict of interest laws contained in sections 105.450 to
105.468 and section 171.181, RSMo; and

(6) The provisions of the constitution or state statute or order,
ordinance or resolution of any political subdivision relating to the
official conduct of officials or employees of the state and political
subdivisions.

2. Complaints filed with the commission shall be in writing and filed
only by a natural person. The complaint shall contain all facts known by
the complainant that have given rise to the complaint and the complaint
shall be sworn to, under penalty of perjury, by the complainant. No
complaint shall be investigated unless the complaint alleges facts which,
if true, fall within the jurisdiction of the commission.

3. No complaint shall be investigated which concerns alleged criminal
conduct which allegedly occurred previous to the period of time allowed
by law for criminal prosecution for such conduct. The commission may
refuse to investigate any conduct which is the subject of civil or
criminal litigation. The commission, its executive director or an
investigator shall not investigate any complaint concerning conduct which
is not criminal in nature which occurred more than two years prior to the
date of the complaint. A complaint alleging misconduct on the part of a
candidate for public office, other than those alleging failure to file
the appropriate financial interest statements or campaign finance
disclosure reports, shall not be accepted by the commission within sixty
days prior to the primary election at which such candidate is running for
office, and until after the general election.

4. Complaints which allege violations as described in this section which
are filed with the commission shall be handled as provided by section
105.961. (L. 1991 S.B. 262 § 2, A.L. 1997 S.B. 16)

1. The Missouri ethics commission shall notify each person whose
name has been submitted to the commission by the designating agency as a
designated decision-making public servant and who has been informed by
the agency of such designation. The commission shall send written
notification by postcard at least ninety days before the required filing
date of a financial interest statement pursuant to subdivision (12) of
section 105.483.

2. If the designating agency fails to notify a person that their name has
been submitted to the commission by the designating agency as a
designated decision-making public servant, then the designating agency
shall be responsible for any late filing fees assessed by the commission.
(L. 1997 S.B. 16)

1. The executive director of the commission, under the
supervision of the commission, shall review reports and statements filed
with the commission or other appropriate officers pursuant to sections
105.470, 105.483 to 105.492, and chapter 130, RSMo, for completeness,
accuracy and timeliness of filing of the reports or statements, and upon
review, if there are reasonable grounds to believe that a violation has
occurred, shall conduct an audit of such reports and statements. All
investigations by the executive director of an alleged violation shall be
strictly confidential with the exception of notification of the
commission and the complainant or the person under investigation.
Revealing any such confidential investigation information shall be cause
for removal or dismissal of the executive director or a commission member
or employee.

2. Upon findings of the appropriate filing officer which are reported to
the commission in accordance with the provisions of section 130.056,
RSMo, the executive director shall audit disclosure reports, statements
and records pertaining to such findings within a reasonable time after
receipt of the reports from the appropriate filing officer.

3. Upon a sworn written complaint of any natural person filed with the
commission pursuant to section 105.957, the commission shall audit and
investigate alleged violations. Within sixty days after receipt of a
sworn written complaint alleging a violation, the executive director
shall notify the complainant in writing of the action, if any, the
executive director has taken and plans to take on the complaint. If an
investigation conducted pursuant to this subsection fails to establish
reasonable grounds to believe that a violation has occurred, the
investigation shall be terminated and the complainant and the person who
had been under investigation shall be notified of the reasons for the
disposition of the complaint.

4. The commission may make such investigations and inspections within or
outside of this state as are necessary to determine compliance.

5. If, during an audit or investigation, the commission determines that a
formal investigation is necessary, the commission shall assign the
investigation to a special investigator in the manner provided by
subsection 1 of section 105.961.

6. After completion of an audit or investigation, the executive director
shall provide a detailed report of such audit or investigation to the
commission. Upon determination that there are reasonable grounds to
believe that a person has violated the requirements of sections 105.470,
105.483 to 105.492, or chapter 130, RSMo, by a vote of four members of
the commission, the commission may refer the report with the
recommendations of the commission to the appropriate prosecuting
authority together with a copy of the audit and the details of the
investigation by the commission as is provided in subsection 2 of section
105.961. (L. 1991 S.B. 262 § 3, A.L. 1997 S.B. 16)

1. Upon receipt of a complaint as described by section 105.957,
the commission shall assign the complaint to a special investigator, who
may be a commission employee, who shall investigate and determine the
merits of the complaint. Within ten days of such assignment, the special
investigator shall review such complaint and disclose, in writing, to the
commission any conflict of interest which the special investigator has or
might have with respect to the investigation and subject thereof. Within
one hundred twenty days of receipt of the complaint from the commission,
the special investigator shall submit the special investigator's report
to the commission. The commission, after review of such report, shall
determine:

(1) That there is reasonable grounds for belief that a violation has
occurred; or

(2) That there are no reasonable grounds for belief that a violation
exists and the complaint should be dismissed; or

(3) That additional time is necessary to complete the investigation, and
the status and progress of the investigation to date. The commission, in
its discretion, may allow the investigation to proceed for additional
successive periods of one hundred twenty days each, pending reports
regarding the status and progress of the investigation at the end of each
such period.

2. When the commission concludes, based on the report from the special
investigator, or based on an audit conducted pursuant to section 105.959,
that there are reasonable grounds to believe that a violation of any
criminal law has occurred, and if the commission believes that criminal
prosecution would be appropriate upon a vote of four members of the
commission, the commission shall refer the report to the Missouri office
of prosecution services, prosecutors coordinators training council
established in section 56.760, RSMo, which shall submit a panel of five
attorneys for recommendation to the court having criminal jurisdiction,
for appointment of an attorney to serve as a special prosecutor; except
that, the attorney general of Missouri or any assistant attorney general
shall not act as such special prosecutor. The court shall then appoint
from such panel a special prosecutor pursuant to section 56.110, RSMo,
who shall have all the powers provided by section 56.130, RSMo. The court
shall allow a reasonable and necessary attorney's fee for the services of
the special prosecutor. Such fee shall be assessed as costs if a case is
filed, or ordered by the court if no case is filed, and paid together
with all other costs in the proceeding by the state, in accordance with
rules and regulations promulgated by the state courts administrator,
subject to funds appropriated to the office of administration for such
purposes. If the commission does not have sufficient funds to pay a
special prosecutor, the commission shall refer the case to the prosecutor
or prosecutors having criminal jurisdiction. If the prosecutor having
criminal jurisdiction is not able to prosecute the case due to a conflict
of interest, the court may appoint a special prosecutor, paid from county
funds, upon appropriation by the county or the attorney general to
investigate and, if appropriate, prosecute the case. The special
prosecutor or prosecutor shall commence an action based on the report by
the filing of an information or seeking an indictment within sixty days
of the date of such prosecutor's appointment, or shall file a written
statement with the commission explaining why criminal charges should not
be sought. If the special prosecutor or prosecutor fails to take either
action required by this subsection, upon request of the commission, a new
special prosecutor, who may be the attorney general, shall be appointed.
The report may also be referred to the appropriate disciplinary authority
over the person who is the subject of the report.

3. When the commission concludes, based on the report from the special
investigator or based on an audit conducted pursuant to section 105.959,
that there are reasonable grounds to believe that a violation of any law
has occurred which is not a violation of criminal law or that criminal
prosecution is not appropriate, the commission shall conduct a hearing
which shall be a closed meeting and not open to the public. The hearing
shall be conducted pursuant to the procedures provided by sections
536.063 to 536.090, RSMo, and shall be considered to be a contested case
for purposes of such sections. The commission shall determine, in its
discretion, whether or not that there is probable cause that a violation
has occurred. If the commission determines, by a vote of at least four
members of the commission, that probable cause exists that a violation
has occurred, the commission may refer its findings and conclusions to
the appropriate disciplinary authority over the person who is the subject
of the report, as described in subsection 7 of this section. After the
commission determines by a vote of at least four members of the
commission that probable cause exists that a violation has occurred, and
the commission has referred the findings and conclusions to the
appropriate disciplinary authority over the person subject of the report,
the subject of the report may appeal the determination of the commission
to the administrative hearing commission. Such appeal shall stay the
action of the Missouri ethics commission. Such appeal shall be filed not
later than the fourteenth day after the subject of the commission's
action receives actual notice of the commission's action.

4. If the appropriate disciplinary authority receiving a report from the
commission pursuant to subsection 3 of this section fails to follow,
within sixty days of the receipt of the report, the recommendations
contained in the report, or if the commission determines, by a vote of at
least four members of the commission that some action other than referral
for criminal prosecution or for action by the appropriate disciplinary
authority would be appropriate, the commission shall take any one or more
of the following actions:

(1) Notify the person to cease and desist violation of any provision of
law which the report concludes was violated and that the commission may
seek judicial enforcement of its decision pursuant to subsection 5 of
this section;

(2) Notify the person of the requirement to file, amend or correct any
report, statement, or other document or information required by sections
105.473, 105.483 to 105.492, or chapter 130, RSMo, and that the
commission may seek judicial enforcement of its decision pursuant to
subsection 5 of this section; and

(3) File the report with the executive director to be maintained as a
public document; or

(4) Issue a letter of concern or letter of reprimand to the person, which
would be maintained as a public document; or

(5) Issue a letter that no further action shall be taken, which would be
maintained as a public document; or

(6) Through reconciliation agreements or civil action, the power to seek
fees for violations in an amount not greater than one thousand dollars or
double the amount involved in the violation.

5. Upon vote of at least four members, the commission may initiate formal
judicial proceedings seeking to obtain any of the following orders:

(1) Cease and desist violation of any provision of sections 105.450 to
105.496, or chapter 130, RSMo, or sections 105.955 to 105.963;

(2) Pay any civil penalties required by sections 105.450 to 105.496 or
chapter 130, RSMo;

(3) File any reports, statements, or other documents or information
required by sections 105.450 to 105.496, or chapter 130, RSMo; or

(4) Pay restitution for any unjust enrichment the violator obtained as a
result of any violation of any criminal statute as described in
subsection 6 of this section.

The Missouri ethics commission shall give actual notice to the subject of
the complaint of the proposed action as set out in this section. The
subject of the complaint may appeal the action of the Missouri ethics
commission, other than a referral for criminal prosecution, to the
administrative hearing commission. Such appeal shall stay the action of
the Missouri ethics commission. Such appeal shall be filed no later than
fourteen days after the subject of the commission's actions receives
actual notice of the commission's actions.

6. In the proceeding in circuit court, the commission may seek
restitution against any person who has obtained unjust enrichment as a
result of violation of any provision of sections 105.450 to 105.496, or
chapter 130, RSMo, and may recover on behalf of the state or political
subdivision with which the alleged violator is associated, damages in the
amount of any unjust enrichment obtained and costs and attorney's fees as
ordered by the court.

7. The appropriate disciplinary authority to whom a report shall be sent
pursuant to subsection 2 or 3 of this section shall include, but not be
limited to, the following:

(1) In the case of a member of the general assembly, the ethics committee
of the house of which the subject of the report is a member;

(2) In the case of a person holding an elective office or an appointive
office of the state, if the alleged violation is an impeachable offense,
the report shall be referred to the ethics committee of the house of
representatives;

(3) In the case of a person holding an elective office of a political
subdivision, the report shall be referred to the governing body of the
political subdivision;

(4) In the case of any officer or employee of the state or of a political
subdivision, the report shall be referred to the person who has immediate
supervisory authority over the employment by the state or by the
political subdivision of the subject of the report;

(5) In the case of a judge of a court of law, the report shall be
referred to the commission on retirement, removal and discipline, or if
the inquiry involves an employee of the judiciary to the applicable
presiding judge;

(6) In the case of a person holding an appointive office of the state, if
the alleged violation is not an impeachable offense, the report shall be
referred to the governor;

(7) In the case of a statewide elected official, the report shall be
referred to the attorney general;

(8) In a case involving the attorney general, the report shall be
referred to the prosecuting attorney of Cole County.

8. The special investigator having a complaint referred to the special
investigator by the commission shall have the following powers:

(1) To request and shall be given access to information in the possession
of any person or agency which the special investigator deems necessary
for the discharge of the special investigator's responsibilities;

(2) To examine the records and documents of any person or agency, unless
such examination would violate state or federal law providing for
confidentiality;

(3) To administer oaths and affirmations;

(4) Upon refusal by any person to comply with a request for information
relevant to an investigation, an investigator may issue a subpoena for
any person to appear and give testimony, or for a subpoena duces tecum to
produce documentary or other evidence which the investigator deems
relevant to a matter under the investigator's inquiry. The subpoenas and
subpoenas duces tecum may be enforced by applying to a judge of the
circuit court of Cole County or any county where the person or entity
that has been subpoenaed resides or may be found, for an order to show
cause why the subpoena or subpoena duces tecum should not be enforced.
The order and a copy of the application therefor shall be served in the
same manner as a summons in a civil action, and if, after hearing, the
court determines that the subpoena or subpoena duces tecum should be
sustained and enforced, the court shall enforce the subpoena or subpoena
duces tecum in the same manner as if it had been issued by the court in a
civil action; and

(5) To request from the commission such investigative, clerical or other
staff assistance or advancement of other expenses which are necessary and
convenient for the proper completion of an investigation. Within the
limits of appropriations to the commission, the commission may provide
such assistance, whether by contract to obtain such assistance or from
staff employed by the commission, or may advance such expenses.

9. (1) Any retired judge may request in writing to have the judge's name
removed from the list of special investigators subject to appointment by
the commission or may request to disqualify himself or herself from any
investigation. Such request shall include the reasons for seeking removal;

(2) By vote of four members of the commission, the commission may
disqualify a judge from a particular investigation or may permanently
remove the name of any retired judge from the list of special
investigators subject to appointment by the commission.

10. Any person who is the subject of any investigation pursuant to this
section shall be entitled to be represented by counsel at any proceeding
before the special investigator or the commission.

11. The provisions of sections 105.957, 105.959 and 105.961 are in
addition to other provisions of law under which any remedy or right of
appeal or objection is provided for any person, or any procedure provided
for inquiry or investigation concerning any matter. The provisions of
this section shall not be construed to limit or affect any other remedy
or right of appeal or objection.

12. No person shall be required to make or file a complaint to the
commission as a prerequisite for exhausting the person's administrative
remedies before pursuing any civil cause of action allowed by law.

13. If, in the opinion of the commission, the complaining party was
motivated by malice or reason contrary to the spirit of any law on which
such complaint was based, in filing the complaint without just cause,
this finding shall be reported to appropriate law enforcement
authorities. Any person who knowingly files a complaint without just
cause, or with malice, is guilty of a class A misdemeanor.

14. A respondent party who prevails in a formal judicial action brought
by the commission shall be awarded those reasonable fees and expenses
incurred by that party in the formal judicial action, unless the court
finds that the position of the commission was substantially justified or
that special circumstances make such an award unjust.

15. The special investigator and members and staff of the commission
shall maintain confidentiality with respect to all matters concerning a
complaint until and if a report is filed with the commission, with the
exception of communications with any person which are necessary to the
investigation. The report filed with the commission resulting from a
complaint acted upon under the provisions of this section shall not
contain the name of the complainant or other person providing information
to the investigator, if so requested in writing by the complainant or
such other person. Any person who violates the confidentiality
requirements imposed by this section or subsection 17 of section 105.955
required to be confidential is guilty of a class A misdemeanor and shall
be subject to removal from or termination of employment by the commission.

16. Any judge of the court of appeals or circuit court who ceases to hold
such office by reason of the judge's retirement and who serves as a
special investigator pursuant to this section shall receive annual
compensation, salary or retirement for such services at the rates of
compensation provided for senior judges by subsections 1, 2 and 4 of
section 476.682, RSMo. Such retired judges shall by the tenth day of each
month following any month in which the judge provided services pursuant
to this section certify to the commission and to the state courts
administrator the amount of time engaged in such services by hour or
fraction thereof, the dates thereof, and the expenses incurred and
allowable pursuant to this section. The commission shall then issue a
warrant to the state treasurer for the payment of the salary and expenses
to the extent, and within limitations, provided for in this section. The
state treasurer upon receipt of such warrant shall pay the same out of
any appropriations made for this purpose on the last day of the month
during which the warrant was received by the state treasurer. (L. 1991
S.B. 262 § 4, A.L. 1997 S.B. 16)

There is hereby created a position within the Missouri ethics
commission which shall administer and be responsible for the
establishment, implementation, and maintenance of any electronic
reporting system required by law. Prerequisites for such position shall
include, at a minimum, a baccalaureate degree from an accredited
institution of higher education with a major in computer science,
computer engineering, or computer programming. In addition to the
baccalaureate degree, prerequisites for the position shall also include
appropriate work experience in the field of computer science, computer
engineering, or computer programming. The person employed in this
position shall be employed pursuant to subsection 11 of section 105.955.
(L. 1999 S.B. 31 & 285 § 2)

1. The executive director shall assess every candidate for state
or local office failing to file with a filing officer other than a local
election authority as provided by section 130.026, RSMo, a campaign
disclosure report as required by chapter 130, RSMo, other than the report
required pursuant to subdivision (1) of subsection 1 of section 130.046,
RSMo, a late filing fee of ten dollars for each day after such report is
due to the commission. The executive director shall mail a notice, by
registered mail, to any candidate and candidate committee treasurer and
deputy treasurer who fails to file such report informing such person of
such failure and the fees provided by this section. If the candidate
persists in such failure for a period in excess of thirty days beyond
receipt of such notice, the amount of the late filing fee shall increase
to one hundred dollars for each day that the report is not filed,
provided that the total amount of such fees assessed pursuant to this
subsection per report shall not exceed three thousand dollars.

2. (1) Any candidate for state or local office who fails to file a
campaign disclosure report required pursuant to subdivision (1) of
subsection 1 of section 130.046, RSMo, other than a report required to be
filed with a local election authority as provided by section 130.026,
RSMo, shall be assessed by the executive director a late filing fee of
one hundred dollars for each day that the report is not filed, until the
first day after the date of the election. After such election date, the
amount of such late filing fee shall accrue at the rate of ten dollars
per day that such report remains unfiled, except as provided in
subdivision (2) of this subsection.

(2) The executive director shall mail a notice, by certified mail or
other means to give actual notice, to any candidate and candidate
committee treasurer and deputy treasurer who fails to file the report
described in subdivision (1) of this subsection informing such person of
such failure and the fees provided by this section. If the candidate
persists in such failure for a period in excess of thirty days beyond
receipt of such notice, the amount of the late filing fee shall increase
to one hundred dollars for each day that the report is not filed,
provided that the total amount of such fees assessed pursuant to this
subsection per report shall not exceed six thousand dollars.

3. The executive director shall assess every person required to file a
financial interest statement pursuant to sections 105.483 to 105.492
failing to file such a financial interest statement with the commission a
late filing fee of ten dollars for each day after such statement is due
to the commission. The executive director shall mail a notice, by
certified mail, to any person who fails to file such statement informing
the individual required to file of such failure and the fees provided by
this section. If the person persists in such failure for a period in
excess of thirty days beyond receipt of such notice, the amount of the
late filing fee shall increase to one hundred dollars for each day
thereafter that the statement is late, provided that the total amount of
such fees assessed pursuant to this subsection per statement shall not
exceed six thousand dollars.

4. Any person assessed a late filing fee may seek review of such
assessment or the amount of late filing fees assessed, at the person's
option, by filing a petition within fourteen days after receiving actual
notice of assessment with the administrative hearing commission, or
without exhausting the person's administrative remedies may seek review
of such issues with the circuit court of Cole County.

5. The executive director of the Missouri ethics commission shall collect
such late filing fees as are provided for in this section. Unpaid late
filing fees shall be collected by action filed by the commission. The
commission shall contract with the appropriate entity to collect such
late filing fees after a thirty-day delinquency. If not collected within
one hundred twenty days, the Missouri ethics commission shall file a
petition in Cole County circuit court to seek a judgment on said fees.
All late filing fees collected pursuant to this section shall be
transmitted to the state treasurer and deposited to the general revenue
fund.

6. The late filing fees provided by this section shall be in addition to
any penalty provided by law for violations of sections 105.483 to 105.492
or chapter 130, RSMo.

7. If any candidate fails to file a campaign disclosure report in a
timely manner and that candidate is assessed a late filing fee, the
candidate, candidate committee treasurer or assistant treasurer may file
an appeal of the assessment of the late filing fee with the commission.
The commission may forgive the assessment of the late filing fee upon a
showing of good cause. Such appeal shall be filed within ten days of the
receipt of notice of the assessment of the late filing fee. (L. 1991 S.B.
262 § 5, A.L. 1997 S.B. 16, A.L. 1999 S.B. 31 & 285)

1. When the last day of filing any report, statement or other
document required to be filed with the commission pursuant to the
provisions of this chapter or chapter 130, RSMo, falls on a Saturday or
Sunday or on an official state holiday, the deadline for filing is
extended to 5:00 p.m. on the next day which is not a Saturday or Sunday
or official holiday.

2. The provisions of subsection 1 of this section shall not apply to any
report or disclosure required to be filed less than eight days prior to
an election when such report or disclosure contains information relating
to such election.

3. The provisions of this section shall also apply to any report,
statement or other document required to be filed with an appropriate
officer, other than the ethics commission, as indicated pursuant to the
provisions of section 130.026, RSMo. (L. 1999 S.B. 31 & 285)

1. Except as provided in subsection 2 of this section, the
ethics commission shall complete and make determinations pursuant to
subsection 1 of section 105.961 on all complaint investigations, except
those complaint investigations assigned to a retired judge, within ninety
days of initiation.

2. The commission may file a petition in the Cole County circuit court to
request an additional ninety days for investigation upon proving by a
preponderance of the evidence that additional time is needed. Upon filing
the petition, the ninety-day period shall be tolled until the court
determines whether additional time is needed.

3. The hearing shall be held in camera before the Cole County circuit
court and all records of the proceedings shall be closed.

4. The provisions of this section shall apply to all ongoing complaint
investigations on July 13, 1999.

5. Any complaint investigation not completed and decided upon by the
ethics commission within the time allowed by this section shall be deemed
to not have been a violation. (L. 1999 S.B. 31 & 285)

Effective 7-13-99

After January 1, 1992, no person shall be appointed to or serve
on any of the commissions created under section 2 or section 7 of article
III of the state constitution while acting as a lobbyist, as defined by
section 105.470. (L. 1991 S.B. 262 § 7)

1. The governor is directed to adopt by executive order a code
of conduct applicable to state employees of the executive branch on or
before February 1, 1992. Such code shall not supersede or be inconsistent
with any provision of law or the constitution.

2. Within six months after the code of conduct is adopted by the
governor, the secretary of state, state treasurer, state auditor,
attorney general and lieutenant governor shall adopt by internal rule a
code of conduct to govern their employees. (L. 1991 S.B. 262 § 8, A.L.
1997 S.B. 16)

1. Any person who for valuable consideration acts in a
representative capacity for the purpose of attempting to influence the
decisions of any elected official or member of any commission, board, or
committee of any city with a population of at least four hundred thousand
shall advise the city clerk of his contact with or his intention to
contact such official or member for the purpose of attempting to
influence the decision of such elected official or member within ten
working days of such contact.

2. The requirements of subsection 1 of this section shall be satisfied by
sending a letter to the clerk of such city, containing the person's name
and business address; the name and address of the person, business,
association, partnership or corporation for whom he is attempting to
obtain a decision and the department of city government which he is
attempting to influence.

3. The city clerk shall, upon receipt, make such letters open for public
inspection during normal business hours.

4. Representatives of the news media engaged in the exercise or
expression of any editorial opinion are exempt from this section.

5. Violation of this section is an infraction. (L. 1991 S.B. 262 § 10)

1. The ethics commission shall print and make available a
summary of all laws over which the commission has enforcement powers
pursuant to chapter 105 and chapter 130, RSMo. The summary shall be in
plain English and compiled to put individuals on notice of such laws.

2. A candidate shall sign a statement verifying that such candidate has
received the summary when filing for an office. (L. 1997 S.B. 16 § 1)

Notwithstanding any provision of law to the contrary, no
signature shall be required by the ethics commission to view any public
document not otherwise closed by law after the ethics commission has
published all reports via the Internet. (L. 1997 S.B. 16 § 3)

Notwithstanding any provision of law to the contrary, the
attorney general shall represent the ethics commission in all state
appellate or federal appellate or supreme courts, unless the attorney
general refuses to pursue such action, in which case, the ethics
commission may retain competent counsel for such action. (L. 1997 S.B. 16
§ 4)

Any rule or portion of a rule promulgated pursuant to this bill*
shall become effective only as provided pursuant to chapter 536, RSMo,
including but not limited to section 536.028, RSMo, if applicable, after
August 28, 1997. All rulemaking authority delegated prior to August 28,
1997, is of no force and effect and repealed. The provisions of this
section are nonseverable and if any of the powers vested with the general
assembly pursuant to section 536.028, RSMo, if applicable, to review, to
delay the effective date, or to disapprove and annul a rule or portion of
a rule are held unconstitutional or invalid, the purported grant of
rulemaking authority and any rule so proposed and contained in the order
of rulemaking shall be invalid and void. (L. 1997 S.B. 16 § 6)

*"This bill" (S.B. 16, 1997) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

As used in sections 105.1000 to 105.1020, the term "employee"
means any person, including elected or appointed officials, receiving
compensation from the state, city, county, or other political subdivision
for services rendered, including salaried persons. (L. 1993 H.B. 882 § 1
subsec. 1)

Any voluntary life insurance plan established under sections
105.1000 to 105.1020 shall exist and serve in addition to any insurance,
retirement, pension and benefit systems established by the state or
political subdivision. Any compensation withheld under such a plan shall
continue to be included as regular compensation for the purpose of
computing the retirement and pension benefits earned by any employee. (L.
1993 H.B. 882 § 1 subsec. 2)

Notwithstanding any other provision of law to the contrary, the
state of Missouri, or any city, county, or other political subdivision
may enter into a written contract with any of its employees to withhold,
in whole or in part, any part of their gross compensation and invest such
funds in any such manner as prescribed by the voluntary life insurance
plan of the state, or its cities, counties, or other political
subdivisions and as permitted under sections 105.1000 to 105.1020. (L.
1993 H.B. 882 § 2)

All funds withheld from employees of the state of Missouri
pursuant to section 105.1005 shall be transferred to the director of
revenue for deposit in the state treasury to the credit of the "Missouri
State Employees Voluntary Life Insurance Fund", which is hereby created.
The Missouri state employees voluntary life insurance fund shall be
administered by the Missouri state employees voluntary life insurance
commission, and the moneys in the fund shall be used solely by the
commission as provided in sections 105.1000 to 105.1020, including the
contracts entered into with employees under section 105.1005.
Notwithstanding the provisions of section 33.080, RSMo, to the contrary,
moneys in the Missouri state employees voluntary life insurance fund at
the end of any biennium shall not be transferred to the credit of the
general revenue fund. The commission shall approve any voluntary life
insurance agreement entered into by the state and shall oversee the
orderly administration of the fund in compliance with sections 105.1000
to 105.1020. (L. 1993 H.B. 882 § 3 subsec. 1)

The Missouri state employees voluntary life insurance
commission shall have five commissioners, including one member of the
house of representatives to be selected by the speaker of the house, one
member of the senate to be selected by the president pro tem of the
senate, and three other commissioners to be appointed by the governor of
the state of Missouri, with the advice and consent of the senate. The
members of the general assembly appointed as commissioners shall serve
during their terms of office in the general assembly. The commissioners
appointed by the governor shall serve a term of three years; except that,
of the commissioners first appointed, one shall be appointed for a term
of one year, one shall be appointed for a term of two years, and one
shall be appointed for a term of three years. The commission shall
annually elect a chairman and shall be required to meet not less than
quarterly or at any other such time as called by the chairman or a
majority of the commission. The members of the commission shall receive
no compensation for their services, but shall be reimbursed for their
actual and necessary expenses incurred in the performance of their
duties. (L. 1993 H.B. 882 § 3 subsec. 2)

1. Subject to the approval of the Missouri state employees
voluntary life insurance commission, the office of administration shall
establish and administer a voluntary life insurance plan for the
employees of the state of Missouri. Participation in such plan shall be
by a specific written agreement between such employees and the state
which shall provide for the payroll deduction of such amount of
compensation as requested by the employee. Participating employees shall
authorize that such deferrals be made from their wages for the purpose of
participation in such plan.

2. Funds held for the state by the Missouri state employees voluntary
life insurance commission pursuant to a written payroll deduction
agreement between the state and participating employees may be invested
in such life insurance contracts as are approved by the commission. All
such insurance plans or policies to be offered pursuant to this plan
shall have been reviewed and selected by the commission based on a
competitive bidding process as established by such specifications and
considerations as are deemed appropriate by the commission. The bid shall
include the costs of administration incurred by the office of
administration in implementing sections 105.1000 to 105.1020, which shall
be borne by the successful bidder. (L. 1993 H.B. 882 § 4)

Any city, county, institution of the state of Missouri, or
other political subdivision may establish for its employees a voluntary
life insurance plan. Participation shall be by written agreement between
such employees and the governing body of the city, county, institution,
or other political subdivision providing for the payroll deduction and
the subsequent administration of such funds. (L. 1993 H.B. 882 § 5
subsec. 1)

For purposes of funding such agreements between the city,
county, institution, or other such political subdivision and the
participating employees, the agency or department as designated by the
governing body to establish and administer such plans may deposit such
funds, with the consent of the participating employee, with the approved
life insurance company deemed appropriate by such governing body. (L.
1993 H.B. 882 § 5 subsec. 2)

Notwithstanding any provision of law to the contrary, this
section and sections 105.1015 and 105.1017 do not limit the power or
authority of any city, county, municipal corporation, political
subdivision, or any institution supported in whole or in part by public
funds to establish and administer any other such life insurance plans as
might be deemed appropriate by the officials of such political
subdivisions or institutions. (L. 1993 H.B. 882 § 5 subsec. 3)

The commissioner of administration may procure under the
provisions of chapter 34, RSMo, motor vehicle, aircraft, and marine
liability insurance covering the operation of state-controlled motor
vehicles, aircraft, and marine vessels by state employees, members of the
Missouri national guard, or agents in the course of their employment,
military duties, or the scope of their agency, or for dangerous
conditions of property as defined in section 537.600, RSMo; provided,
however, that in lieu of procuring insurance to cover such risks, the
commissioner may determine that the state shall self-insure or assume all
or any portion of such risks. Each department and agency of state
government shall provide the commissioner with such information regarding
the risks to be insured as the commissioner deems necessary. The
procurement of liability insurance or the adoption of a plan of
self-insurance by the commissioner of administration shall not limit the
express waiver of sovereign immunity in all cases within such situations
specified therein whether or not the public entity was functioning in a
governmental or proprietary capacity or whether or not the public entity
is: (1) covered by liability insurance or a self-insurance plan or (2)
uninsured. In the other situations specified in this section, and in such
other situations of tort liability for which insurance or a
self-insurance plan is obtained or provided, sovereign immunity is waived
to the maximum amount of, and for the purposes covered by, such policy of
insurance or self-insurance plan, provided that sovereign immunity in
instances other than those specified in subdivisions (1) and (2) of
section 537.600, RSMo, shall be retained in the event the public entity
elects not to procure insurance or to implement a self-insurance plan
under the provisions of sections 537.620 to 537.650, RSMo. (L. 1973 H.B.
353 § 1, A.L. 1976 H.B. 1528, A.L. 1983 H.B. 354, A.L. 1995 H.B. 562)

*Transferred 1995; formerly 34.260

Motor vehicle, aircraft, or marine liability insurance acquired
pursuant to sections 105.1070 to 105.1079 shall provide coverage for
state employees, members of the Missouri national guard, or agents while
operating state-controlled motor vehicles, aircraft, or marine vessels on
state business in the course of their employment, military duties, or
within the scope of their agency, subject to the following minimum
amounts exclusive of interest and costs:

(1) Not less than twenty-five thousand dollars because of bodily injury
to, or the death of, one person in any one accident;

(2) Subject to the limit in subdivision (1), not less than fifty thousand
dollars because of bodily injury to, or death of, two or more persons in
any one accident; and

(3) Not less than ten thousand dollars because of injury to, or
destruction of, property of others in any one accident. (L. 1973 H.B. 353
§ 2, A.L. 1976 H.B. 1528, A.L. 1995 H.B. 562)

*Transferred 1995; formerly 34.265

Insurance acquired pursuant to sections 105.1070 to 105.1079
shall be issued by an insurance company or association authorized to
transact business in this state and shall by its terms provide adequate
insurance for the employee, member of the Missouri national guard, or
agent under policy provisions approved by the state department of
insurance for the coverage specified in sections 105.1070 to 105.1079 for
any damages caused by reason of death, personal injury, or property
damage resulting from the negligent operation of a state-controlled motor
vehicle, aircraft, or marine vessel on state business or within the
course of the employment, military duty, or scope of the agency. (L. 1973
H.B. 353 § 3, A.L. 1976 H.B. 1528)

*Transferred 1995; formerly 34.270

1. As used in sections 105.1070 to 105.1077, the term
"aircraft" includes both rotary-wing and fixed-wing aircraft.

2. As used in sections 105.1070 to 105.1077, the term "motor vehicle"
includes any self-propelled vehicle and any trailer or other similar
piece of equipment designed for being drawn by such a self-propelled
vehicle.

3. As used in sections 105.1070 to 105.1077, the term "state-controlled"
includes motor vehicles, aircraft, and marine vessels owned, leased, or
rented by the state, and motor vehicles and aircraft provided to the
state by the federal government, and under the control and management of
the Missouri national guard. It does not include motor vehicles,
aircraft, or marine vessels owned, leased or rented in the name of
employees of the state. (L. 1976 H.B. 1528 § 1)

*Transferred 1995; formerly 34.272

Nothing in sections 105.1070 to 105.1079 is intended to nor
shall it be construed as a waiver of sovereign immunity or the
acknowledgment or creation of any liability on the part of the state for
personal injury, death, or property damage. (L. 1973 H.B. 353 § 4)

*Transferred 1995; formerly 34.275

(1977) Statutes which contain disclaimer provisions that they shall not
be construed as waiver of sovereign immunity show desirability of
providing relief rather than legislative expression favoring retention of
sovereign immunity. Jones v. State Highway Commission (Mo.), 557 S.W.2d
225.

Sections 105.1100 to 105.1116 shall be known and may be cited
as the "Drug-Free Public Work Force Act". (L. 1993 S.B. 67 § 1)

As used in sections 105.1100 to 105.1116, the following terms
shall mean:

(1) "Public employee", any person employed on a full-time, part-time,
temporary or intermittent basis by a public employer as defined in this
section;

(2) "Public employer", any employee of the executive branch of Missouri
state government;

(3) "Public employment", employment by any public employer as defined in
this section. (L. 1993 S.B. 67 § 2)

Any public employee who is convicted, pleads guilty, or pleads
nolo contendere for the first time, under the laws of this state, the
United States or any other state, of any criminal offense involving the
use of a controlled substance, marijuana or other dangerous drug as such
substances are defined in chapter 195, RSMo, shall be required to show
evidence of completion of a drug abuse treatment and education program
certified by the state. If the public employee refuses to participate in
a drug abuse treatment program or if he fails to complete such program
within six months of his public employer becoming aware of the
conviction, the public employee shall be suspended from his public
employment until such time as he shows evidence of completion of or shows
evidence of enrollment and continuing progress in a certified drug abuse
treatment and education program. Notwithstanding the provisions of
section 36.370, RSMo, such suspension shall be for no more than three
months, after which time, if the public employee has failed to complete
or has failed to show evidence of continuing progress in a drug abuse
treatment and education program, he shall be dismissed from his public
employment. After all requirements of the suspension period have been
fulfilled by the public employee, he shall be returned to his former
position with the public employer or, if such position is no longer
available, he shall be placed in a position of comparable status as his
former position prior to suspension. (L. 1993 S.B. 67 § 3)

Any public employee who is convicted, pleads guilty, or pleads
nolo contendere for a second or subsequent time, under the laws of this
state, the United States, or any other state, of any criminal offense
involving the use of a controlled substance, marijuana or other dangerous
drug, as such substances are defined in chapter 195, RSMo, shall be
dismissed from his public employment and shall be ineligible for other
public employment for a period of two years from the most recent date of
conviction. Subsequent employment with a public employer after the
two-year period shall be conditioned upon the showing of evidence of
completion of a state certified drug abuse treatment and education
program. (L. 1993 S.B. 67 § 4)

Any public employee who is suspended or dismissed under the
provisions of section 105.1105 or 105.1108 shall have the right to appeal
as provided under section 36.390, RSMo, or under any appeal rights
established by a public employer not subject to the provisions of chapter
36, RSMo, that are substantially similar to the rights established under
section 36.390, RSMo. Personnel records of any public employee relating
to suspension or termination for reasons specified in section 105.1105 or
105.1108 shall be closed records. (L. 1993 S.B. 67 § 5)

Any person who is not a public employee who, within three years
prior to applying for public employment or appointment from an
eligibility register, has been convicted under the laws of this state,
the United States or any other state, of any criminal offense involving
the use of a controlled substance, marijuana or other dangerous drug, as
such substances are defined in chapter 195, RSMo, shall be ineligible for
any public employment unless such person has completed or shows evidence
of enrollment and continuing progress in a state certified drug abuse
treatment and education program within such three-year period or is
currently undergoing treatment in such program. (L. 1993 S.B. 67 § 6)

Administrative procedures for the implementation of sections
105.1100 to 105.1116 shall be promulgated by the state personnel advisory
board for those employees classified under the state personnel law and by
other public employers for those employees under their management and
control. No rule or portion of a rule promulgated under the authority of
sections 105.1100 to 105.1116 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1993
S.B. 67 § 7, A.L. 1995 S.B. 3)

1. The provisions of sections 105.1105 and 105.1108 shall apply
only with respect to criminal offenses committed on or after August 28,
1993.

2. The provisions of sections 105.1100 to 105.1114 and subsection 1 of
this section shall not apply to a peace officer of any state or local law
enforcement agency or other public employees in safety-sensitive
positions. For the purpose of this subsection, "safety-sensitive
positions" shall mean public employment involving the performance of
duties which have a direct and immediate impact on the safety of the
public and other public employees.

(L. 1993 S.B. 67 §§ 8, 9)

1. All state government departments shall accept a standardized
audit following federal audit guidelines and a uniform cost report
audited by a certified public accountant qualified to conduct such an
audit.

2. Departments may require additional information outside the scope of a
standardized audit if they indicate in writing that they have reason to
suspect financial mismanagement or fraud. (L. 1994 H.B. 1547 & 961 § 11)

No state agency, board or commission shall establish any policy
or rule which requires any person to obtain any state certificate
pursuant to a public school program linking education and careers,
including any school-to-work program, as a condition of employment, nor
shall any state agency establish any policy or rule requiring any
employer to require such state certificate as a condition of employment.
(L. 1999 H.B. 889 § 162.1120, first sentence)

Sections 105.1210 to 105.1216 shall be known and may be cited
as the "Selective Service Registration Awareness and Compliance Act". (L.
1999 H.B. 415 § 1)

Any person who is required to register with the selective
service system pursuant to the provisions of the United States Military
Selective Service Act, 50 U.S.C. App. 451, et seq., shall not without
proof of such registration:

(1) Be offered employment with the state of Missouri; or

(2) Be eligible for state-supported scholarships, programs for financial
assistance for postsecondary education or loans insured by any state
agency. (L. 1999 H.B. 415 § 2)

Any official having charge of and authority over the hiring of
employees or granting of educational assistance, as described in section
105.1213, shall adopt procedures deemed appropriate to effectuate the
provisions of sections 105.1210 to 105.1216. Certification by the
applicant of his registration status shall be deemed adequate to satisfy
the provisions of sections 105.1210 to 105.1216.

(L. 1999 H.B. 415 § 3)

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