105.470. Definitions.
Definitions.
105.470. As used in section 105.473, unless the context requiresotherwise, the following words and terms mean:
(1) "Elected local government official lobbyist", any natural personemployed specifically for the purpose of attempting to influence any actionby a local government official elected in a county, city, town, or villagewith an annual operating budget of over ten million dollars;
(2) "Executive lobbyist", any natural person who acts for the purposeof attempting to influence any action by the executive branch of governmentor by any elected or appointed official, employee, department, division,agency or board or commission thereof and in connection with such activity,meets the requirements of any one or more of the following:
(a) Is acting in the ordinary course of employment on behalf of orfor the benefit of such person's employer; or
(b) Is engaged for pay or for any valuable consideration for thepurpose of performing such activity; or
(c) Is designated to act as a lobbyist by any person, businessentity, governmental entity, religious organization, nonprofit corporation,association or other entity; or
(d) Makes total expenditures of fifty dollars or more during thetwelve-month period beginning January first and ending Decemberthirty-first for the benefit of one or more public officials or one or moreemployees of the executive branch of state government in connection withsuch activity.
An "executive lobbyist" shall not include a member of the general assembly,an elected state official, or any other person solely due to such person'sparticipation in any of the following activities:
a. Appearing or inquiring in regard to a complaint, citation,summons, adversary proceeding, or contested case before a state board,commission, department, division or agency of the executive branch ofgovernment or any elected or appointed officer or employee thereof;
b. Preparing, filing or inquiring, or responding to any audit,regarding any tax return, any public document, permit or contract, anyapplication for any permit or license or certificate, or any documentrequired or requested to be filed with the state or a politicalsubdivision;
c. Selling of goods or services to be paid for by public funds,provided that such person is attempting to influence only the personauthorized to authorize or enter into a contract to purchase the goods orservices being offered for sale;
d. Participating in public hearings or public proceedings on rules,grants, or other matters;
e. Responding to any request for information made by any publicofficial or employee of the executive branch of government;
f. Preparing or publication of an editorial, a newsletter, newspaper,magazine, radio or television broadcast, or similar news medium, whetherprint or electronic;
g. Acting within the scope of employment by the general assembly, oracting within the scope of employment by the executive branch of governmentwhen acting with respect to the department, division, board, commission,agency or elected state officer by which such person is employed, or withrespect to any duty or authority imposed by law to perform any action inconjunction with any other public official or state employee; or
h. Testifying as a witness before a state board, commission or agencyof the executive branch;
(3) "Expenditure", any payment made or charge, expense, cost, debt orbill incurred; any gift, honorarium or item of value bestowed including anyfood or beverage; any price, charge or fee which is waived, forgiven,reduced or indefinitely delayed; any loan or debt which is canceled,reduced or otherwise forgiven; the transfer of any item with a reasonablydiscernible cost or fair market value from one person to another orprovision of any service or granting of any opportunity for which a chargeis customarily made, without charge or for a reduced charge; except thatthe term "expenditure" shall not include the following:
(a) Any item, service or thing of value transferred to any personwithin the third degree of consanguinity of the transferor which isunrelated to any activity of the transferor as a lobbyist;
(b) Informational material such as books, reports, pamphlets,calendars or periodicals informing a public official regarding suchperson's official duties, or souvenirs or mementos valued at less than tendollars;
(c) Contributions to the public official's campaign committee orcandidate committee which are reported pursuant to the provisions ofchapter 130, RSMo;
(d) Any loan made or other credit accommodations granted or otherpayments made by any person or entity which extends credit or makes loanaccommodations or such payments in the regular ordinary scope and course ofbusiness, provided that such are extended, made or granted in the ordinarycourse of such person's or entity's business to persons who are not publicofficials;
(e) Any item, service or thing of de minimis value offered to thegeneral public, whether or not the recipient is a public official or astaff member, employee, spouse or dependent child of a public official, andonly if the grant of the item, service or thing of de minimis value is notmotivated in any way by the recipient's status as a public official orstaff member, employee, spouse or dependent child of a public official;
(f) The transfer of any item, provision of any service or granting ofany opportunity with a reasonably discernible cost or fair market valuewhen such item, service or opportunity is necessary for a public officialor employee to perform his or her duty in his or her official capacity,including but not limited to entrance fees to any sporting event, museum,or other venue when the official or employee is participating in aceremony, public presentation or official meeting therein;
(g) Any payment, gift, compensation, fee, expenditure or anything ofvalue which is bestowed upon or given to any public official or a staffmember, employee, spouse or dependent child of a public official when it iscompensation for employment or given as an employment benefit and when suchemployment is in addition to their employment as a public official;
(4) "Judicial lobbyist", any natural person who acts for the purposeof attempting to influence any purchasing decision by the judicial branchof government or by any elected or appointed official or any employeethereof and in connection with such activity, meets the requirements of anyone or more of the following:
(a) Is acting in the ordinary course of employment which primarypurpose is to influence the judiciary in its purchasing decisions on aregular basis on behalf of or for the benefit of such person's employer,except that this shall not apply to any person who engages in lobbying onan occasional basis only and not as a regular pattern of conduct; or
(b) Is engaged for pay or for any valuable consideration for thepurpose of performing such activity; or
(c) Is designated to act as a lobbyist by any person, businessentity, governmental entity, religious organization, nonprofit corporationor association; or
(d) Makes total expenditures of fifty dollars or more during thetwelve-month period beginning January first and ending Decemberthirty-first for the benefit of one or more public officials or one or moreemployees of the judicial branch of state government in connection withattempting to influence such purchasing decisions by the judiciary.
A "judicial lobbyist" shall not include a member of the general assembly,an elected state official, or any other person solely due to such person'sparticipation in any of the following activities:
a. Appearing or inquiring in regard to a complaint, citation,summons, adversary proceeding, or contested case before a state court;
b. Participating in public hearings or public proceedings on rules,grants, or other matters;
c. Responding to any request for information made by any judge oremployee of the judicial branch of government;
d. Preparing, distributing or publication of an editorial, anewsletter, newspaper, magazine, radio or television broadcast, or similarnews medium, whether print or electronic; or
e. Acting within the scope of employment by the general assembly, oracting within the scope of employment by the executive branch of governmentwhen acting with respect to the department, division, board, commission,agency or elected state officer by which such person is employed, or withrespect to any duty or authority imposed by law to perform any action inconjunction with any other public official or state employee;
(5) "Legislative lobbyist", any natural person who acts for thepurpose of attempting to influence the taking, passage, amendment, delay ordefeat of any official action on any bill, resolution, amendment,nomination, appointment, report or any other action or any other matterpending or proposed in a legislative committee in either house of thegeneral assembly, or in any matter which may be the subject of action bythe general assembly and in connection with such activity, meets therequirements of any one or more of the following:
(a) Is acting in the ordinary course of employment, which primarypurpose is to influence legislation on a regular basis, on behalf of or forthe benefit of such person's employer, except that this shall not apply toany person who engages in lobbying on an occasional basis only and not as aregular pattern of conduct; or
(b) Is engaged for pay or for any valuable consideration for thepurpose of performing such activity; or
(c) Is designated to act as a lobbyist by any person, businessentity, governmental entity, religious organization, nonprofit corporation,association or other entity; or
(d) Makes total expenditures of fifty dollars or more during thetwelve-month period beginning January first and ending Decemberthirty-first for the benefit of one or more public officials or one or moreemployees of the legislative branch of state government in connection withsuch activity.
A "legislative lobbyist" shall include an attorney at law engaged inactivities on behalf of any person unless excluded by any of the followingexceptions. A "legislative lobbyist" shall not include any member of thegeneral assembly, an elected state official, or any other person solely dueto such person's participation in any of the following activities:
a. Responding to any request for information made by any publicofficial or employee of the legislative branch of government;
b. Preparing or publication of an editorial, a newsletter, newspaper,magazine, radio or television broadcast, or similar news medium, whetherprint or electronic;
c. Acting within the scope of employment of the legislative branch ofgovernment when acting with respect to the general assembly or any memberthereof;
d. Testifying as a witness before the general assembly or anycommittee thereof;
(6) "Lobbyist", any natural person defined as an executive lobbyist,judicial lobbyist, elected local government official lobbyist, or alegislative lobbyist;
(7) "Lobbyist principal", any person, business entity, governmentalentity, religious organization, nonprofit corporation or association whoemploys, contracts for pay or otherwise compensates a lobbyist;
(8) "Public official", any member or member-elect of the generalassembly, judge or judicial officer, or any other person holding anelective office of state government or any agency head, department directoror division director of state government or any member of any state boardor commission and any designated decision-making public servant designatedby persons described in this subdivision.
(L. 1965 p. 229 § 3, A.L. 1975 H.B. 20, et al., A.L. 1990 H.B. 1650 & 1565, A.L. 1991 S.B. 262, A.L. 1994 S.B. 650, A.L. 1997 S.B. 16, A.L. 2006 H.B. 1900)Effective 1-01-07