105.450. Definitions.
Definitions.
105.450. As used in sections 105.450 to 105.496 and sections 105.955to 105.963, unless the context clearly requires otherwise, the followingterms mean:
(1) "Adversary proceeding", any proceeding in which a record of theproceedings may be kept and maintained as a public record at the request ofeither party by a court reporter, notary public or other person authorizedto keep such record by law or by any rule or regulation of the agencyconducting the hearing; or from which an appeal may be taken directly orindirectly, or any proceeding from the decision of which any party must begranted, on request, a hearing de novo; or any arbitration proceeding; or aproceeding of a personnel review board of a political subdivision; or aninvestigative proceeding initiated by an official, department, division, oragency which pertains to matters which, depending on the conclusion of theinvestigation, could lead to a judicial or administrative proceeding beinginitiated against the party by the official, department, division oragency;
(2) "Business entity", a corporation, association, firm, partnership,proprietorship, or business entity of any kind or character;
(3) "Business with which a person is associated":
(a) Any sole proprietorship owned by himself or herself, the person'sspouse or any dependent child in the person's custody;
(b) Any partnership or joint venture in which the person or theperson's spouse is a partner, other than as a limited partner of a limitedpartnership, and any corporation or limited partnership in which theperson is an officer or director or of which either the person or theperson's spouse or dependent child in the person's custody whethersingularly or collectively owns in excess of ten percent of the outstandingshares of any class of stock or partnership units; or
(c) Any trust in which the person is a trustee or settlor or in whichthe person or the person's spouse or dependent child whether singularly orcollectively is a beneficiary or holder of a reversionary interest of tenpercent or more of the corpus of the trust;
(4) "Commission", the Missouri ethics commission established insection 105.955;
(5) "Confidential information", all information whether transmittedorally or in writing which is of such a nature that it is not, at thattime, a matter of public record or public knowledge;
(6) "Decision-making public servant", an official, appointee oremployee of the offices or entities delineated in paragraphs (a) through(h) of this subdivision who exercises supervisory authority over thenegotiation of contracts, or has the legal authority to adopt or vote onthe adoption of rules and regulations with the force of law or exercisesprimary supervisory responsibility over purchasing decisions. Thefollowing officials or entities shall be responsible for designating adecision-making public servant:
(a) The governing body of the political subdivision with a generaloperating budget in excess of one million dollars;
(b) A department director;
(c) A judge vested with judicial power by article V of theConstitution of the state of Missouri;
(d) Any commission empowered by interstate compact;
(e) A statewide elected official;
(f) The speaker of the house of representatives;
(g) The president pro tem of the senate;
(h) The president or chancellor of a state institution of highereducation;
(7) "Dependent child" or "dependent child in the person's custody",all children, stepchildren, foster children and wards under the age ofeighteen residing in the person's household and who receive in excess offifty percent of their support from the person;
(8) "Political subdivision" shall include any political subdivisionof the state, and any special district or subdistrict;
(9) "Public document", a state tax return or a document or otherrecord maintained for public inspection without limitation on the right ofaccess to it and a document filed in a juvenile court proceeding;
(10) "Substantial interest", ownership by the individual, theindividual's spouse, or the individual's dependent children, whethersingularly or collectively, directly or indirectly, of ten percent or moreof any business entity, or of an interest having a value of ten thousanddollars or more, or the receipt by an individual, the individual's spouseor the individual's dependent children, whether singularly or collectively,of a salary, gratuity, or other compensation or remuneration of fivethousand dollars, or more, per year from any individual, partnership,organization, or association within any calendar year;
(11) "Substantial personal or private interest in any measure, bill,order or ordinance", any interest in a measure, bill, order or ordinancewhich results from a substantial interest in a business entity.
(L. 1965 p. 229 § 1, A.L. 1978 H.B. 1610 § 2, A.L. 1991 S.B. 262, A.L. 1997 S.B. 16)