Gift Made with Intent to Influence
- No elected or appointed official or employee of the state or any political subdivision thereof shall:
- Act or refrain from acting in any capacity in which he is lawfully empowered to act as such an official or employee by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value paid or payable, or received or receivable, to himself or any third person, including any gift or campaign contribution, made or received in relationship to or as a condition of the performance of an official act, other than compensation to be paid by the state or political subdivision.
Mo. Ann. Stat. § 105.452(1)(1).
Extra Compensation for Official Duties
No current state statute or regulation falls under the category of “Extra Compensation for Official Duties.”
Gift Regardless of Giver Status
No current state statute or regulation falls under the category of “Gift Regardless of Giver Status.”
Gift from Lobbyist or Regulated Entity
§ 2. Prohibited Activities by General Assembly Members and Employees–Campaign Contribution Limits and Restrictions
(b) No person serving as a member of or employed by the general assembly shall accept directly or indirectly a gift of any tangible or intangible item, service, or thing of value from any paid lobbyist or lobbyist principal. This Article shall not prevent candidates for the general assembly, including candidates for reelection, or candidates for offices within the senate or house from accepting campaign contributions consistent with this Article and applicable campaign finance law. Nothing in this section shall prevent individuals from receiving gifts, family support or anything of value from those related to them within the fourth degree by blood or marriage.
Mo. Const. Art. 3, § 2(b).
Executive Order 18-10
No state employee of the executive branch shall knowingly solicit or accept any gift from a lobbyist. The term “gift” shall have the same meaning as the term “expenditure” in Section 105.470(3), RSMo. The term “lobbyist” shall have the same meaning as in Section 105.470(6), RSMo.
Mo. Exec. Order 18-10(1) (Nov. 20, 2018), https://www.sos.mo.gov/library/reference/orders/2018/eo10#:~:text=This%20Order%20is%20intended%20to,or%20benefit%20enforceable%20by%20law.
Definitions and Exceptions
Expenditure Defined
(3) “Expenditure”, any payment made or charge, expense, cost, debt or bill incurred; any gift, honorarium or item of value bestowed including any food or beverage; any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed; any loan or debt which is cancelled, 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;
- (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;
- (e) Any item, service or thing of de minimis value offered to the general public, whether or not the recipient is a public official or a staff member, employee, spouse or dependent child of a public official, and only if the grant of the item, service or thing of de minimis value is not motivated in any way by the recipient’s status as a public official or staff member, employee, spouse or dependent child of a public official;
- (f) The transfer of any item, provision of any service or granting of any opportunity with a reasonably discernible cost or fair market value when such item, service or opportunity is necessary for a public official or 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 a ceremony, public presentation or official meeting therein;
- (g) Any payment, gift, compensation, fee, expenditure or anything of value which is bestowed upon or given to any public official or a staff member, employee, spouse or dependent child of a public official when it is compensation for employment or given as an employment benefit and when such employment is in addition to their employment as a public official.
Mo. Rev. Stat. § 105.470(3).
Notes/Resources
Resource(s)
