The definition of a lobbyist under Missouri law is contained in
§105.470
of the Missouri Revised Code. In general terms, a lobbyist is an individual attempting to influence
the state executive, state legislative, state judicial, or elected local government officials’ actions
and meets one or more of the following:
- Is acting in the ordinary course of business
- Is engaged in pay as a lobbyist
- Is designated to act as a lobbyist by any person, business entity, governmental entity, religious
organization, nonprofit corporation, association or other entity
- Spends $50 or more on behalf of public officials, annually, from January 1 through December 31st
Effective August 28, 2020, a legislative lobbyist shall not include a legislative liaison.
A legislative liaison is defined as any state employee hired to communicate with
members of the general assembly on behalf of any elected official of the state;
the judicial branch of state government; or any department, agency, board, or
commission of the state, provided such entity is a part of the executive branch of
state government. Any state employee employed as a legislative liaison who
performs lobbying services for any other entity shall register as a lobbyist with
respect to such lobbying services.
Types of Lobbyists and Their Descriptions
The four types of lobbyists are: executive, elected government official lobbyist, judicial lobbyist, and legislative lobbyist.
|
Lobbyist Type |
Description |
| Executive Lobbyist |
A person attempting to influence the executive branch of state government’s actions taken by
an elected/appointed official or government employee. |
| Elected Local Government Official Lobbyist |
A person employed specifically for the purpose of attempting to influence any local
government official’s (county, city, town, or village with annual operating budget
over $10 million dollars) acts. |
| Judicial Lobbyist |
A person acting or attempting to act to influence purchasing decision(s) of the judicial
branch of government. |
| Legislative Lobbyist |
A person attempting to influence any action or matter pending before Missouri House or Senate
(legislature). A legislative lobbyist includes attorneys at laws engaged in activities described
above except for the exceptions defined in
105.470, RSMo. |
Who is Not a Lobbyist – Examples
See the table below for specific examples. In general, the following are examples of individuals who
would not be considered a lobbyist:
- General Assembly member
- Elected state official
- Journalist or someone preparing or publishing news information in print or electronic medium
- Person acting in the scope of employment by the general assembly, executive branch, public official or state employee
- Person responding to a request for information from a public official or executive branch employee
- A legislative liaison
- Other person(s) defined in 105.470, RSMo.
|
Lobbyist Type |
What activity does not constitute lobbying - Examples |
| Executive |
- Appearing or inquiring before a state board, commission, department, division, or
executive branch
- Preparing, filing, or responding to an audit about a tax return, public document,
permit/contract, permit/license/certificate application, or any document filed with
the state or a political subdivision
- Selling goods or services paid for with public funds as long as you are trying to
influence only the person authorized to enter into a contract for the goods or services
- Participating in a public hearing or public proceeding on rules, grants, other matters
|
| Judicial |
- Appearing or inquiring before a state court about a complaint, citation, summons, adversary
proceeding, or contested case
- Participating in a public hearing or public proceeding on rules, grants, other matters
|
| Legislative |
- Testifying as a witness before the general assembly or any committee of the general assembly
- Serving as a legislative liaison
|
Complying with Lobbying Reporting Requirements
Step 1: Determine if You Are a Lobbyist
A lobbyist is an individual attempting to influence the state executive, state legislative,
state judicial, or elected local government’s actions.
Step 2: Identify the Lobbyist Type
An individual may qualify for multiple types of lobbyist.
|
Lobbyist Type |
Description |
| Executive Lobbyist |
A person attempting to influence the executive branch of state government’s actions taken by
an elected/appointed official or government employee. |
| Elected Local Government Official Lobbyist |
A person employed specifically for the purpose of attempting to influence any local
government official’s (county, city, town, or village with annual operating budget
over $10 million dollars) acts. |
| Judicial Lobbyist |
A person acting or attempting to act to influence purchasing decision(s) of the judicial
branch of government. |
| Legislative Lobbyist |
A person attempting to influence any action or matter pending before Missouri House or Senate
(legislature). A legislative lobbyist includes attorneys at laws engaged in activities described
above except for the exceptions defined in
105.470, RSMo. |
Step 3: Register as a Lobbyist
No later than five (5) days after beginning lobbyist activities, register as a lobbyist. When registering, the types of lobbyist must be identified.
A lobbyist principal is the organization, corporation, or association employing the lobbyist or in whose
interest the lobbyist appears/works. Upon registering and paying the $10 registration fee, the Missouri
Ethics Commission provides the information necessary for the lobbyist to electronically report and maintain
lobbyist information.
Step 4: Enter and Update Principal Information
Upon receipt of the lobbyist id and password, the lobbyist must enter their lobbyist principal(s) electronically
into the system. The lobbyist is responsible for recording any principal changes or the lobbyist’s employment
within one week of a change. This can be done
electronically.
By the close of business on the 10th of each month, the registered lobbyist must electronically report their
expenditures for the prior month and any direct business relationships/associations/partnerships the lobbyist
has with a public or elected local government official. Reports filed past the 10th of the month are subject
to a $10 per day late filing fee.
Step 6: Reporting Legislation Supported or Proposed
By March 15th and May 30th of each year, each lobbyist or lobbyist principal must file a paper report, the
List of Principals and Legislative Action report with the Missouri Ethics Commission. The lobbyist or
lobbyist principal must provide a general description of any legislation proposed, actions taken by the executive
branch of government, and whether or not the lobbyist principal supported or opposed the action.
Step 7: Annually Renewing the Lobbyist Registration
Lobbyists
electronically renew their registration with the Missouri Ethics
Commission December 1st through January 5th, of each year.
If the renewal is not completed with the Missouri Ethics Commission prior to January 6th, the lobbyist registration is terminated.
Information Reported by a Lobbyist
Monthly Reporting
A registered lobbyist must report, on a monthly basis (for the prior month), information about the monies spent
on behalf of elected officials, their employees, spouses, and dependent children and any direct business
relationships/associations/partnerships the lobbyist has with a public or elected local government official.
These
reports are
available on the Commission’s website the 1st day of each month.
Section 105.473, RSMo.,
requires that lobbyist's report expenditures for the executive, judicial, and legislative branch of government.
Categories include: beverages, entertainment, food, gifts, media, printing, publication, other advertising, and
travel.
NOTE: Effective December 3, 2020, Article VIII, §2(b) of the Missouri Constitution gifts of any tangible or intangible item, service, or thing of value received by members and employees of the General Assembly from a paid lobbyist or principal per occurrence. This section does not prevent individuals from receiving gifts, family support or anything of value from those related to them within the fourth (4th) degree by blood or marriage.
Expenses which are NOT Reported
The following are examples of items a lobbyist would
not be required to report:
- Gifts, souvenirs, mementos, or services, unrelated to lobbyist activity and given to family members
related within the third degree of the lobbyist or principal.
- Contributions to the public official's campaign committee or candidate committee reported pursuant to
Chapter 130, RSMo.
- Items or services offered to the general public, of minimal value, and not motivated by the recipient’s
status as a public official.
- The transfer of any item, provision of any service, or granting of any opportunity necessary for a public
official or employee to perform their duty in their official capacity. An example includes entrance fees
to any sporting event, museum, or other venue when the official or employee is participating in their
official capacity.
- Any amounts spent by a lobbyist or lobbyist principal on him or herself.
By March 15th and May 30th of each year, each lobbyist or lobbyist principal must file a report providing a
general description of any legislation proposed, actions taken by the executive branch of government, and whether
or not the lobbyist or lobbyist principal supported or opposed the action.
Reporting Change in Lobbyist’s Employment or Principals
The lobbyist is responsible for recording any principal changes or the lobbyist’s employment within one week of
the change. This can be done
electronically.