105.456. Prohibited acts by members of general assembly and statewide elected officials, exceptions.
Prohibited acts by members of general assembly and statewideelected officials, exceptions.
105.456. 1. No member of the general assembly or the governor,lieutenant governor, attorney general, secretary of state, state treasureror state auditor shall:
(1) Perform any service for the state or any political subdivision ofthe state or any agency of the state or any political subdivision thereofor act in his or her official capacity or perform duties associated withhis or her position for any person for any consideration other than thecompensation provided for the performance of his or her official duties; or
(2) Sell, rent or lease any property to the state or politicalsubdivision thereof or any agency of the state or any political subdivisionthereof for consideration in excess of five hundred dollars per transactionor one thousand five hundred dollars per annum unless the transaction ismade pursuant to an award on a contract let or sale made after publicnotice and in the case of property other than real property, competitivebidding, provided that the bid or offer accepted is the lowest received; or
(3) Attempt, for compensation other than the compensation providedfor the performance of his or her official duties, to influence thedecision of any agency of the state on any matter, except that thisprovision shall not be construed to prohibit such person from participatingfor compensation in any adversary proceeding or in the preparation orfiling of any public document or conference thereon. The exception for aconference upon a public document shall not permit any member of thegeneral assembly or the governor, lieutenant governor, attorney general,secretary of state, state treasurer or state auditor to receive anyconsideration for the purpose of attempting to influence the decision ofany agency of the state on behalf of any person with regard to anyapplication, bid or request for a state grant, loan, appropriation,contract, award, permit other than matters involving a driver's license, orjob before any state agency, commission, or elected official.Notwithstanding Missouri supreme court rule 1.10 of rule 4 or any othercourt rule or law to the contrary, other members of a firm, professionalcorporation or partnership shall not be prohibited pursuant to thissubdivision from representing a person or other entity solely because amember of the firm, professional corporation or partnership serves in thegeneral assembly, provided that such official does not share directly inthe 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. Thissubdivision shall not be construed to prohibit any inquiry for informationor the representation of a person without consideration before a stateagency 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 corporationin which a member of the general assembly, governor, lieutenant governor,attorney general, secretary of state, state treasurer, state auditor orspouse of such official, is the sole proprietor, a partner having more thana ten percent partnership interest, or a coparticipant or owner of inexcess of ten percent of the outstanding shares of any class of stock,shall:
(1) Perform any service for the state or any political subdivisionthereof or any agency of the state or political subdivision for anyconsideration in excess of five hundred dollars per transaction or onethousand five hundred dollars per annum unless the transaction is madepursuant to an award on a contract let or sale made after public notice andcompetitive bidding, provided that the bid or offer accepted is the lowestreceived; or
(2) Sell, rent, or lease any property to the state or any politicalsubdivision thereof or any agency of the state or political subdivisionthereof for consideration in excess of five hundred dollars per transactionor one thousand five hundred dollars per annum unless the transaction ismade pursuant to an award on a contract let or a sale made after publicnotice and in the case of property other than real property, competitivebidding, provided that the bid or offer accepted is the lowest and bestreceived.
(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)