Judges: JEREMIAH W. (JAY) NIXON, Attorney General
Filed Date: 7/10/1995
Status: Precedential
Modified Date: 7/5/2016
Missouri Ethics Commission Post Office Box 1254 Jefferson City, MO 65102
Dear Commissioners:
This opinion letter is in response to your question asking:
Are contributions received by legislators supporting such legislators for election to leadership roles in the General Assembly subject to reporting either pursuant to the campaign finance law contained in Chapter 130, RSMo 1994, or the lobbyist registration and reporting law contained in Section
105.470 , RSMo 1994?
We understand that your question relates to potential contributions to a state representative who is a candidate for Speaker of the House of Representatives. Expenses for which such contributions would be used include providing meals for other state representatives, hosting hospitality rooms, and similar expenses.
Section
5. The treasurer acting on behalf of any person or organization or group of persons which is a committee by virtue of the definitions of "committee" in section
130.011 and any candidate who is not excluded from forming a committee in accordance with the provisions of section130.016 shall file a statement of organization with the appropriate officer within twenty days after the person or organization becomes a committee but no later than the date for filing the first report required pursuant to the provisions of section130.046 . . . .
Section
130.041 . Disclosure reports — who files — when required — contents. — 1. Except as provided in subsection 5 of section130.016 , the treasurer of every committee, excluding candidate committees when the candidate supported by the committee is not up for election and contributions made by the committee aggregate one thousand dollars or less per election, which is required to file a statement of organization, including a candidate who has elected to serve as the person's own candidate committee, shall file a legibly printed or typed disclosure report of receipts and expenditures for any election for which the committee makes expenditures or contributions or for which the committee receives contributions with the intent to make expenditures or contributions. . . .
The term "candidate" is defined for purposes of Chapter 130, RSMo 1994, by Section
The first issue for consideration is whether Speaker of the House of Representatives is a "public office" as defined in Section
The last phrase of the definition of "public office" contained in Section
Because the office of Speaker of the House is a "state office", the office is a "public office" as defined in Section
You also inquire whether such contributions are subject to Section
(3) "Legislative lobbyist", any natural person who acts for the purpose of attempting to influence the taking, passage, amendment, delay or defeat of any official action on any bill, resolution, amendment, nomination, appointment, report or any other action or any other matter pending or proposed in a legislative committee in either house of the general assembly, or in any matter which may be the subject of action by the general assembly 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, which primary purpose is to influence legislation on a regular 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 on an occasional basis only and not as a regular pattern of conduct; or
(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or
(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation or association; or
(d) Makes total expenditures of fifty dollars or more during the reporting period for the benefit of a public official in connection with such activity.
A "legislative lobbyist" shall include an attorney at law engaged in activities on behalf of any person unless excluded by any of the following exceptions. A "legislative lobbyist" shall not include any member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:
a. Responding to any request for information made by any public official 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, whether print or electronic;
c. Acting within the scope of employment of the legislative branch of government when acting with respect to the general assembly or any member thereof;
d. Testifying as a witness before the general assembly or any committee thereof;
Section
(2) "Expenditure", any payment made or charge, expense, cost, debt or bill incurred; any gift, honorarium or item of value bestowed; 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 reasonably discernible cost or fair market value from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge; except that the term "expenditure" shall not include the following:
(a) Any item, service or thing of value transferred to any person within the third degree of consanguinity of the transferor which is unrelated 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 such person's official duties, or souvenirs or mementos valued at less than ten dollars;
(c) Contributions to the Public official's campaign committee or candidate committee which are reported pursuant to the provisions of chapter 130, RSMo;
(d) Any loan made or other credit accommodations granted or other payments made by any person or entity which extends credit or makes loan accommodations or such payments in the regular ordinary scope and course of business, provided that such are extended, made or granted in the ordinary course of such person's or entity's business to persons who are not public officials; [Emphasis added.]
Section
A natural person who makes a contribution to a person seeking to be elected Speaker of the House would be acting for purposes of attempting to influence a matter pending in the General Assembly, and if such person's activities were encompassed in the activities described in paragraphs (a) through (d) of Section
Section
Section
A contribution made to the "campaign committee" or "candidate committee" of a person seeking to be elected Speaker which is reported pursuant to Chapter 130, RSMo, would fall under the exception to the definition of "expenditure" in Section
Sincerely,
JEREMIAH W. (JAY) NIXON Attorney General