☰ Revisor of Missouri

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 105

< > Effective - 28 Aug 2018(all or part is unconstitutional)   bottom

  *105.535.  Officer and employee report, certain financial disclosures required. — 1.  Every officer of a labor organization and every employee of a labor organization, other than an employee performing exclusively clerical or custodial services, shall file with the department a signed report listing and describing for his or her preceding fiscal year:

  (1)  Any stock, bond, security, or other interest, legal or equitable, that such person or his or her spouse or minor child directly or indirectly held in, and any income or any other benefit with monetary value, including reimbursed expenses, that such person or his or her spouse or minor child derived directly or indirectly from, any public body whose employees such labor organization represents or is actively seeking to represent, except payments and other benefits received as a bona fide employee of such public body;

  (2)  Any transaction in which such person or his or her spouse or minor child engaged, directly or indirectly, involving any stock, bond, security, or loan to or from, or other legal or equitable interest in the business of a public body whose employees such labor organization represents or is actively seeking to represent;

  (3)  Any stock, bond, security, or other interest, legal or equitable, that such person or his or her spouse or minor child directly or indirectly held in, and any income or any other benefit with monetary value, including reimbursed expenses, that such person or his or her spouse or minor child derived directly or indirectly from, any business a substantial part of which consists of buying from, selling or leasing to, or otherwise dealing with the business of a public body whose employees such labor organization represents or is actively seeking to represent;

  (4)  Any stock, bond, security, or other interest, legal or equitable, that such person or his or her spouse or minor child directly or indirectly held in, and any income or any other benefit with monetary value, including reimbursed expenses, that such person or his or her spouse or minor child derived directly or indirectly from, a business any part of which consists of buying from, or selling or leasing directly or indirectly to, or otherwise dealing with such labor organization;

  (5)  Any direct or indirect business transaction or arrangement between such person or his or her spouse or minor child and any public body whose employees his or her labor organization represents or is actively seeking to represent, except work performed and payments and benefits received as a bona fide employee of such public body and purchases and sales of goods or services in the regular course of business at prices generally available to any employee of such public body; and

  (6)  Any payment of money or other thing of value, including reimbursed expenses, that such person or his or her spouse or minor child received directly or indirectly from any public body or any person who acts as a labor relations consultant to any public body.

  2.  The provisions of subdivisions (1) to (5) of subsection 1 of this section shall not be construed to require any such officer or employee to report his or her bona fide investments in securities traded on a securities exchange registered as a national securities exchange under the Securities Exchange Act of 1934, in shares in an investment company registered under the Investment Company Act, or in securities of a public utility holding company registered under the Public Utility Holding Company Act of 1935, or to report any income derived therefrom.

  3.  Nothing contained in this section shall be construed to require any officer or employee of a labor organization to file a report under subdivision (1) of subsection 1 of this section unless such person or his or her spouse or minor child holds or has held an interest, has received income or any other benefit with monetary value or a loan, or has engaged in a transaction described therein.

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(L. 2018 H.B. 1413)

*Revisor's Note:  On June 1, 2021, this section was declared unconstitutional in Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, 623 S.W.2d 585 (Mo.banc).

(2021)  House Bill 1413 enacting section in 2018 held invalid as violation of equal protection clause of Article I, Section 2 of state constitution; section as enacted could not be severed from rest of bill.  Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, 623 S.W.2d 585 (Mo.banc).


---- end of effective  28 Aug 2018 ----

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