622.130. Prohibition against solicitation and gifts--penalties for violation, misdemeanor. - Missouri Statutes

Prohibition against solicitation and gifts--penalties for violation,misdemeanor.

622.130. 1. Every administrative law judge and every person employedor appointed to office by the division is hereby forbidden and prohibitedto solicit, suggest, request or recommend, directly or indirectly, to anycommon carrier or other person subject to the supervision of the division,or to any officer, attorney, agent or employee thereof, the appointment ofany person to any office, place, position or employment. Every such personor entity and every officer, attorney, agent and employee thereof, ishereby forbidden and prohibited to offer to any administrative law judge orto any person employed by the division any office, place, appointment orposition, or to offer or give to any administrative law judge or to anyperson employed or appointed to office by the division any free pass ortransportation or any reduction in fare to which the public generally isnot entitled or free carriage for property or any present, gift,entertainment or gratuity of any kind.

2. If any administrative law judge or any person employed orappointed to office by the division violates any provision of this section,such person shall be removed from the office. Every administrative lawjudge and every person employed or appointed to office by the divisionshall be and be deemed to be a public officer.

3. If any common carrier or other person subject to the supervisionof the division violates any provision of this section, it shall be liableto the state of Missouri in a civil action in any court of competentjurisdiction for the assessment of a civil penalty not to exceed twentythousand dollars. The penalty provided in this subsection shall be inaddition to any other penalty provided for violation of the provisions ofthis chapter. The attorney general shall bring the action authorized inthis subsection. The action may be brought in any county where thedefendant's principal place of business is located or where the violationoccurred, or where the registered agent is located. The penalty assessedunder the provisions of this subsection shall be paid into the statetreasury to the credit of the public school fund.

4. Any officer, agent or employee of the division or of any carrierwho violates any provision of this section is guilty of a misdemeanor and,upon conviction, shall be punished by a fine not exceeding one thousanddollars, or by imprisonment in a county jail not exceeding one year, or byboth such fine and imprisonment.

(L. 1996 S.B. 780)