Creates new provisions relating to ethics

SECOND REGULAR SESSION
SENATE BILL NO. 1175
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOSLEY .
3811S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 105.669, RSMo, and to enact in lieu thereof two new sections relating to ethics.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 105.669, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 2
105.451 and 105.669, to read as follows:3
105.451. 1. Any person shall be deemed of bad moral 1
character, untrustworthy, and unfit for elected public 2
office or employment with the state or any local government 3
if the person, while holding an elected public office, and 4
by clothing him or herself with the influence, prestige, or 5
authority of his or her public office or through any public 6
or private title, office, or position arising out of or 7
associated with his or her public office, including, but not 8
limited to, a caucus or association of elected public 9
officials, is or has been convicted of: 10
(1) Stealing campaign funds by deceit pursuant to 11
section 570.030 or otherwise in violation of any other 12
provision of law; 13
(2) Stealing the funds of a caucus or association or 14
funds intended for a caucus or association by deceit 15
pursuant to section 570.030 or otherwise in violation of any 16
other provision of law; 17
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(3) Expending campaign funds in violation of section 18
130.031; or 19
(4) Converting campaign funds to his or her personal 20
use in violation of section 130.034. 21
2. Any person deemed unfit for elected public office 22
or employment with the state or any local government as 23
provided in subsection 1 of this section shall forfeit his 24
or her elected public office or employment and be removed 25
from said elected public office or employment. 26
3. Any elected or appointed official who knowingly, 27
willingly, or purposefully appoints or retains a person 28
unfit for employment with the state or any local government 29
as provided in subsection 1 of this section shall forfeit 30
his or her office. 31
4. The prosecuting attorney, circuit attorney, or 32
attorney general, upon receipt of knowledge or information 33
of any elected public officer or public employee who is 34
declared unfit for elected public office or employment with 35
the state or any local government pursuant to subsection 1 36
or 3 of this section, shall commence an action to remove 37
from public employment or public office any public employee 38
or elected public official who is disqualified from holding 39
public employment or elected public office or has forfeited 40
his or her public employment or elected public office in 41
connection with a conviction or violation described in 42
subsection 1 of this section. 43
105.669. 1. Any participant of a plan who is 1
convicted of a felony offense listed in subsection 3 of this 2
section, which is committed in direct connection with or 3
directly related to the participant's duties as an employee 4
on or after August 28, 2014, shall not be eligible to 5
receive any retirement benefits from the respective plan 6
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based on service rendered on or after August 28, 2014, 7
except a participant may still request from the respective 8
retirement system a refund of the participant's plan 9
contributions, including interest credited to the 10
participant's account. 11
2. The employer of any participant who is charged or 12
convicted of a felony offense listed in subsection 3 of this 13
section, which is committed in direct connection with or 14
directly related to the participant's duties as an employee 15
on or after August 28, 2014, shall notify the appropriate 16
retirement system in which the offender was a participant 17
and provide information in connection with such charge or 18
conviction. The plans shall take all actions necessary to 19
implement the provisions of this section. 20
3. A felony conviction based on any of the following 21
offenses or a substantially similar offense provided under 22
federal law shall result in the ineligibility of retirement 23
benefits as provided in subsection 1 of this section: 24
(1) The offense of felony stealing under section 25
570.030 when such offense involved money, property, or 26
services valued at five thousand dollars or more; 27
(2) The offense of felony receiving stolen property 28
under section 570.080, as it existed before January 1, 2017, 29
when such offense involved money, property, or services 30
valued at five thousand dollars or more; 31
(3) The offense of forgery under section 570.090; 32
(4) The offense of felony counterfeiting under section 33
570.103; 34
(5) The offense of bribery of a public servant under 35
section 576.010; or 36
(6) The offense of acceding to corruption under 37
section 576.020. 38
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4. Any participant of a plan who is unfit for elected 39
public office or employment with the state or any local 40
government pursuant to subsection 1 of section 105.451 shall 41
not be eligible to receive any retirement benefits from the 42
respective plan. 43
5. The employer of any participant who is declared 44
unfit for elected public office or employment with the state 45
or any local government pursuant to subsection 1 of section 46
105.451 shall notify the appropriate retirement system in 47
which the public employee or public official was a 48
participant and provide information in connection with a 49
conviction or violation described in subsection 1 of section 50
105.451. 51
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