INTRODUCED BY REPRESENTATIVES HOSMER (Sponsor), HICKEY AND GREEN.
Pre-filed December 1, 1997 and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
To repeal section 36.150, RSMo 1994, relating to certain political activities, and to enact in lieu
thereof five new sections relating to the same subject, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 36.150, RSMo 1994, is repealed and five new sections enacted in lieu thereof, to be known as sections 36.150, 105.155, 105.156, 105.157 and 105.158, to read as follows:
36.150. 1. Every appointment or promotion to a position covered by this [law] chapter shall be made on the basis of merit as provided in this chapter. Demotions in and dismissals from employment shall be made for cause under rules and regulations of the board uniformly applicable to all positions of employment. No appointment, promotion, demotion or dismissal shall be made because of favoritism, prejudice or discrimination. The regulations shall prohibit discrimination in other phases of employment and personnel administration and shall provide such remedy as is required by federal merit system standards for grant-in-aid programs and is not provided in chapter 296, RSMo.
2. Political endorsements shall not be considered in connection with any such appointment.
3. No person shall use or promise to use, directly or indirectly, for any consideration whatsoever, any official authority or influence to secure or attempt to secure for any person an appointment or advantage in appointment to any such position or an increase in pay, promotion or other advantage in employment.
4. No person shall in any manner levy or solicit any financial assistance or subscription for any political party, candidate, political fund, or publication, or for any other political purpose, from any employee in a position subject to this [law] chapter, and no such employee shall act as agent in receiving or accepting any such financial contribution, subscription, or assignment of pay. No person shall use, or threaten to use, coercive means to compel an employee to give such assistance, subscription, or support, nor in retaliation for the employee's failure to do so.
5. [No employee selected under the provisions of this law shall be a member of any national, state, or local committee of a political party, or an officer of a partisan political club. Such person shall take no part in the management or affairs of any political party or in any partisan political campaign, except that nothing in this section shall prohibit an employee from attending and participating in a partisan presidential caucus held for the purpose of determining a group of registered voters' preference for the office of President of the United States.] No such employee shall be a candidate for nomination or election to any partisan public office or nonpartisan office in conflict with that employee's duties unless such person resigns, or obtains a regularly granted leave of absence, from such person's position.
6. No person elected to partisan public office shall, while holding such office, be appointed to any position covered by this [law] chapter.
7. Any officer or employee in a position subject to this [law] chapter who purposefully violates any of the provisions of this section shall forfeit such office or position. If an appointing authority finds that such a violation has occurred, or is so notified by the director, this shall constitute cause for dismissal [under] pursuant to section 36.390 and a final determination by the board as to the occurrence of a violation.
105.155. For the purposes of sections 105.155 to 105.158, the following terms mean:
(1) "Contribution", as defined in chapter 130, RSMo;
(2) "Employee", any individual holding an appointive position in an executive agency of the state;
(3) "Partisan political office", any office for which any candidate is nominated or elected as representing a party pursuant to chapter 115, RSMo.
105.156. 1. An employee may take part in the activities of political parties and political campaigns.
2. An employee may not:
(1) Use the employee's official authority or influence for the purpose of interfering with or affecting the results of an election;
(2) Knowingly solicit, accept or receive a political contribution from any person who is a subordinate employee of the employee, except on a voluntary basis;
(3) Run for the nomination, or as a candidate for election, to a partisan political office; or
(4) Knowingly solicit or discourage the participation in any political activity of any person who has an application for any compensation, grant, contract, ruling, license, permit or certificate pending before the employing department of such employee or is the subject of, or a participant in, an ongoing audit, investigation or enforcement action being carried out by the employing department of such employee.
3. An employee retains the right to vote as the employee chooses and to express the employee's opinion on political subjects and candidates.
105.157. An employee may not engage in political activity:
(1) While on duty;
(2) In any room or building occupied in the discharge of official duties;
(3) While wearing a uniform or official insignia identifying the office or position of the employee; or
(4) When using any vehicle owned or leased by the state or any agency or instrumentality of the state.
105.158. It shall be unlawful for any person to intimidate, threaten, command or coerce
any employee of the state to engage in, or not to engage in, any political activity, including,
but not limited to, voting, or refusing to vote, for any candidate or measure in any election,
making, or refusing to make, any political contribution or working, or refusing to work, on
behalf of any candidate. Any person who violates the provisions of this section is guilty of a
class three election offense as established in section 115.635, RSMo, punishable by a term of
imprisonment for not more than one year and a fine of not more than two thousand five
hundred dollars, or both such fine and imprisonment.