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BRAD KETCHER (314) 259-1234 BRAD@KETCHER.COM Missouri Lobbying Law
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Definition Lobbyist- any natural person defined under state law as a: Legislative Lobbyist Executive Lobbyist Judicial Lobbyist Elected Local Government Official Lobbyist 2
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Legislative Lobbyist Legislative Lobbyist- Any natural person who attempts to influence any action or any matter pending before the legislature. In addition the person must meet the requirements of one or more of the following: Is acting in the ordinary course of employment in which the primary purpose is to influence the legislature Is engaged for pay for such activities Is designated as a lobbyist; or Makes a total expenditure of $50 or more during a calendar year on behalf of legislator/staff. 3
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Legislative Lobbyist: Exceptions Solely…. Responding to any request for information. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast…. Testifying as a witness before the general assembly or any committee of the general assembly. 4
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Executive Lobbyist Executive Lobbyist- Any natural person who acts for the purpose of attempting to influence the actions of the executive branch. In addition, the person must meet the requirements of one or more of the following: Is acting in the ordinary course of employment on behalf of that person's employer Is engaged for pay in influencing the executive branch Is designated as a lobbyist; or Makes a total expenditure of $50 or more during a calendar year on behalf of executive branch official 5
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Executive Lobbyist: Exceptions Solely… Appearing or inquiring about a complaint, citation, summons, etc. Preparing, filing, inquiring about a public document or responding to an audit Selling of goods or services, so long as attempting to influence only the person authorized enter into a contract Participating in public hearings on rules, grants, or other matters Responding to any request for information Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast…. Testifying as a witness before a board or agency of the executive branch. 6
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Judicial Lobbyist Judicial Lobbyist- Any natural person who attempts to influence any purchasing decision made by the judicial branch. 7
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Local Government Lobbyist An “elected local government official lobbyist” is any natural person employed specifically for the purpose of attempting to influence any action by a local government official elected in a county, city, town, or village with an annual operating budget of over ten million dollars. 8
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Lobbyist Principal A "lobbyist principal” is any person, business entity, governmental entity, religious organization, nonprofit corporation or association who employs, contracts for pay or otherwise compensates a lobbyist. 9
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Volunteer Lobbyist Missouri does not regulate unpaid lobbyists, unless they are specifically designated as “lobbyists” by a “lobbyist principal” or make more than $50 in expenditures on behalf of public officials during a calendar year. 10
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Not-for-Profit Staff Member If a staff member is working to influence legislation or other government action and is compensated for their work, it is prudent for them to register as a lobbyist and make monthly lobbyist reports. 11
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Grassroots Lobbying Missouri law does not define grassroots lobbying activity. However, the statutory definition of “lobbying” includes acting to influence government officials, without distinguishing between direct or indirect contacts. Cautious grassroots lobbying organizations should consider asking their compensated agents to register as lobbyist. 12
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Lobbyist Registration “Principals” do not register in Missouri. “Lobbyists” are required to file a Lobbyist Registration Statement with the Mo. Ethics Commission. Must register within five days of beginning lobbying; pay $10 fee. The registration is effective for the current calendar year. Active lobbyists must renew their registrations by January 5th each year. 13
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Lobbyist Reporting Reporting: Each lobbyist is required to file a monthly report with the Mo. Ethics Commission. The report is filed electronically using the Commission's web based reporting system. Timing: The report is due the 10th day of each month, covering activities from the proceeding month. Late reports are subject to a late filing fee. 14
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Report Content An itemized listing of the nature and amount of each expenditure by the lobbyist or principal made to or for a public official, such official's staff, employees, spouse or dependent children The total of all expenditures when any of the following are invited in writing: The full Senate or House A Legislative Committee or Caucus 15
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Report Content (cont.) Any expenditure made on behalf of a public official if such expenditure is solicited by such official, the official's staff, employees, spouse or dependent children A statement detailing any direct business relationship the lobbyist has with any public official. 16
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Principal Reporting Lobbyist principals do not register directly Identified by the registering lobbyist Required to file by March 15 th and May 30 th each year a general description of the legislation or action they support or oppose. 17
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Reporting of Grassroots Lobbying Unless grassroots lobbying activities result in expenditures on behalf of public officials, they are not reported. Donations to a grassroots lobbying effort are not required to be reported under the lobbying law. 18
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Ballot Measures “Direct Lobbying” Under Federal Law “Campaign Finance” Activity under Mo Law Reporting of Contributions and Expenditures “Paid for By” Disclaimers on Printed Material Extensive Regulations 19
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Questions? 20 Brad Ketcher (314) 259-1234 brad@ketcher.com
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