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SECOND REGULAR SESSION
SENATE BILL NO. 1380
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5220S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 105, RSMo, by adding thereto one new section relating to prohibiting foreign
influence on lobbying activities, with a severability clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 105, RSMo, is amended by adding thereto 1
one new section, to be known as section 105.471, to read as 2
follows:3
105.471. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Control", the power, direct or indirect, whether 3
or not exercised, to determine, direct, dictate, or decide 4
important matters affecting an entity, including but without 5
limitation, through: 6
(a) The ownership of at least twenty percent of the 7
total outstanding voting interest in an entity; 8
(b) Board representation; 9
(c) The ability to appoint or discharge any board 10
members, officers, directors, employees, or contractors; 11
(d) Proxy voting, a special share, contractual 12
arrangements, legal obligations, formal or informal 13
arrangements to act in concert; or 14
(e) Any other means; 15
(2) "Foreign adversary", any of the following: 16
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(a) The People's Republic of China, the Russian 17
Federation, the Islamic Republic of Iran, the Democratic 18
People's Republic of Korea, the Republic of Cuba, the 19
Venezuelan regime of Nicolas Maduro, or the Syrian Arab 20
Republic; 21
(b) Any agency or instrumentality of the governments 22
listed in paragraph (a) of this subdivision; 23
(c) Any person owned or operated in whole or in part 24
by the governments listed in paragraph (a) of this 25
subdivision, or subject to the control of such government, 26
and any subsidiary or parent of any such person; and 27
(d) Any person organized under the laws of a 28
government listed in paragraph (a) of this subdivision or 29
having its principal place of business in that country, and 30
any subsidiary of any such person; 31
(3) "Foreign adversary client", any of the following: 32
(a) A current or former: 33
a. Official in the executive, legislative, 34
administrative, military, or judicial branches of a foreign 35
adversary, whether elected or not; 36
b. Official of a foreign political party of a foreign 37
adversary; or 38
c. Executive or officer of a foreign adversary; 39
(b) A corporation, business, or other entity that has 40
been formed by, or for the benefit of, any person described 41
in paragraph (a) of this subdivision; and 42
(c) An immediate family member of any person described 43
in paragraph (a) of this subdivision, including such 44
person's spouse, parents, siblings, children, and spouse's 45
parents and siblings; 46
(4) "Foreign political party", any organization or any 47
other combination of individuals in a country other than the 48
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United States, or any unit or branch thereof, having for an 49
aim or purpose, or which is engaged in any activity devoted 50
in whole or in part to, the establishment, administration, 51
control, or acquisition of administration or control, of a 52
government of a foreign country or a subdivision thereof, or 53
the furtherance or influencing of the political or public 54
interests, policies, or relations of a government of a 55
foreign country or a subdivision thereof; 56
(5) "Lobbyist", the same meaning as in section 105.470; 57
(6) "Owned or operated in whole or in part": 58
(a) In the case of a publicly traded company, that a 59
foreign adversary has the ability to control the company, 60
has access to any material nonpublic technical information 61
in the possession of the company, or has any other rights or 62
involvement in directing, dictating, controlling, or 63
participating in the decision-making of the company beyond 64
those available to a retail investor holding an equivalent 65
share of ownership; and 66
(b) In the case of a privately held company, that a 67
foreign adversary has any share of ownership of such company. 68
(7) "People's Republic of China", the People's 69
Republic of China and all provinces and autonomous regions 70
of the People's Republic of China, including the Hong Kong 71
Special Administrative Region of the People's Republic of 72
China, and the Macao Special Administrative Region of the 73
People's Republic of China; but does not include Taiwan; 74
(8) "Person", any individual, partnership, 75
association, joint stock company, trust, corporation, 76
organization or other combination of individuals, or 77
government entity; 78
2. A lobbyist shall not receive, or agree to receive, 79
any direct or indirect compensation or other payment in any 80
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form, including intangible or in-kind, for carrying out any 81
lobbying activity on behalf of another person that is any of 82
the following: 83
(1) A foreign adversary; 84
(2) A foreign political party of a foreign adversary; 85
or 86
(3) A foreign adversary client. 87
3. A lobbyist who violates this section shall be 88
subject to an action for disgorgement of any compensation 89
received as well as a civil penalty of not more than one 90
thousand dollars per violation. An action may be filed by 91
the attorney general in the name of the state to obtain 92
disgorgement, civil penalties, as well as injunctive relief 93
requiring compliance with this section. 94
4. If the attorney general has reason to believe that 95
any person is violating this section, or has agreed to 96
conduct that would violate this section, the attorney 97
general may subpoena documents, tangible things, and other 98
information, as well as written responses under oath to 99
questions or oral testimony under oath, to any person that 100
may have knowledge or information regarding such potential 101
violation. The attorney general may also file a civil action 102
to enforce or otherwise obtain the assistance of a court 103
with respect to any such subpoena. 104
5. The provisions of sections 105.955 to 105.981 shall 105
not apply to this section. 106
Section B. If any provision of section A of this act 1
or the application thereof to anyone or to any circumstance 2
is held invalid, the remainder of those sections and the 3
application of such provisions to others or other 4
circumstances shall not be affected thereby. 5
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