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SECOND REGULAR SESSION
HOUSE BILL NO. 3128
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KEA THLEY .
6848H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 105, RSMo, by adding thereto one new section relating to prohibiting
foreign influence on lobbying activities, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 105, RSMo, is amended by adding thereto one new section, to be
2 known as section 105.471, to read as follows:
105.471 . 1. For purposes of this section, the following terms mean:
2 (1) "Contr ol", the power , direc t or indirect , whether or not exercised, to
3 determine, dir ect, dictate, or decide important matters affecting an entity , including but
4 without limitation, thr ough:
5 (a) The ownership of at least twenty perce nt of the total outstanding voting
6 inter est in an entity;
7 (b) Board repr esentation;
8 (c) The ability to appoint or discharge any board members, officers, dire ctors,
9 employees, or contractors;
10 (d) Pr oxy voting, a special shar e, contractual arrangements, legal obligations, or
11 formal or informal arrangements to act in concert; or
12 (e) Any other means;
13 (2) "For eign adversary", any nation listed as a for eign adversary in 15 C.F .R.
14 Section 791.4;
15 (3) "Foreig n adversary client", any of the following:
16 (a) A curr ent or former:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 a. Official in the executive, legislative, administrative, military , or judicial
18 branches of a fore ign adversary , whether elected;
19 b. Official of a for eign political party of a for eign adversary; or
20 c. Executive or officer of a for eign adversary;
21 (b) A corporation, business, or other entity that has been formed by , or for the
22 benefit of, any person described in paragraph (a) of this subdivision; and
23 (c) An immediate family member of any person described in paragraph (a) of
24 this subdivision, including such person's spouse, par ents, siblings, childr en, and spouse's
25 par ents and siblings;
26 (4) "For eign political party", any organization or any other combination of
27 individuals in a country other than the United States, or any unit or branch ther eof,
28 having for an aim or purpose, or which is engaged in any activity devoted in whole or in
29 part to, the establishment, administration, contr ol, or acquisition of administration or
30 contr ol, of a government of a for eign country or a subdivision ther eof, or the
31 furtherance or influencing of the political or public inter ests, policies, or rel ations of a
32 government of a for eign country or a subdivision ther eof;
33 (5) "Lobbyist", the same meaning as in section 105.470;
34 (6) "Owned or operated in whole or in part":
35 (a) In the case of a publicly traded company , that a for eign adversary has the
36 ability to contr ol the company , has access to any material nonpublic technical
37 information in the possession of the company , or has any other rights or involvement in
38 dir ecting, dictating, controll ing, or participating in the decision-making of the company
39 beyond those available to a r etail investor holding an equivalent share of ownership;
40 and
41 (b) In the case of a privately held company , that a for eign adversary has any
42 shar e of ownership of such company;
43 (7) "Person", any individual, partnership, association, joint stock company ,
44 trust, corporation, organization or other combination of individuals, or government
45 entity .
46 2. A lobbyist shall not receive, or agr ee to receive, any dir ect or indirec t
47 compensation or other payment in any form, including intangible or in-kind, for
48 carrying out any lobbying activity on behalf of another person that is any of the
49 following:
50 (1) A for eign adversary;
51 (2) A for eign political party of a for eign adversary; or
52 (3) A for eign adversary client.
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53 3. A lobbyist who violates this section shall be subject to an action for
54 disgorgement of any compensation r eceived as well as a civil penalty of not mor e than
55 one thousand dollars per violation. An action may be filed by the attorney general in the
56 name of the state to obtain disgorgement, civil penalties, as well as injunctive relief
57 r equiring compliance with this section.
58 4. If the attorney general has r eason to believe that any person is violating this
59 section, or has agreed to conduct that would violate this section, the attorney general
60 may subpoena documents, tangible things, and other information, as well as written
61 r esponses under oath to questions or oral testimony under oath, to any person that may
62 have knowledge or information reg arding such potential violation. The attorney
63 general may also file a civil action to enfor ce or otherwise obtain the assistance of a
64 court with res pect to any such subpoena.
65 5. The pr ovisions of sections 105.955 to 105.981 shall not apply to this section.
✔
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