Definitions

PURPOSE: The attorney general enforces the provisions of sections 407.450–407.478, RSMo. The attorney general may make rules as are necessary to carry out the provisions of sections 407.450–407.478, RSMo and may define terms, whether or not used in those sections, insofar as the definitions are not inconsistent with those sections. This rule defines certain terms used in the administration of sections 407.450–407.478, RSMo and in the rules made thereunder. (1) Unless inconsistent with meaning provided in Chapter 407, RSMo as used in sections 407.450–407.478, RSMo and in these rules, the following terms and phrases shall mean: (A) Bona fide employee of charitable organization, a person who receives regular compensation, holds a permanent employee position with the charitable organization and has not been contracted with or primarily employed for a temporary period for the purpose of soliciting funds; (B) Does business in this state, includes any mail, phone, personal or any other type of solicitation in Missouri. The phrase, does business in this state, is not limited to the traditional case law definition of the phrase previously defined as operating a principal place or location in the state in which they are doing business; (C) Governmental agency, includes any agency, department, division, court, commission or any other type of governmental entity in any branch of the city, county, state or federal government; (D) Individual professional fund-raiser, includes any natural person who, individually, by contract or by oral agreement, agrees to solicit funds on the behalf of any charitable organization or for any charitable purpose. This does not include a bona fide employee of a charitable organization or a solicitor; (E) Professional fund-raiser organization, includes any person, as defined by section 407.010, RSMo, other than natural persons, who agree by written contract or by oral agreement, to solicit funds on behalf of any charitable organization or for any charitable purpose and who employs or contracts with others for the purpose of soliciting those funds; (F) Register, a listing of all registration documents submitted to the attorney general’s office as required under sections 407.450–407.478, RSMo including, but not limited to, the name of the registrant, the date registration became effective and current status; (G) Regular compensation, a salary or wage paid to a person holding a permanent employee position of a charitable organization and not contracted fees paid to a temporary employee; and (H) Solicitation, includes the sale, offer for sale or advertisement of any merchandise for consideration that benefits or is purported to benefit a charitable organization or charitable purpose. (I) Solicitor, any person employed or contracted by a professional fund-raiser organization, in a temporary or permanent position, to solicit funds for any charitable organization or for any charitable purpose; AUTHORITY: section 407.145, RSMo 1986.* Original rule filed Jan. 9, 1987, effective June 25, 1987. *Original authority: 407.145, RSMo 1986, amended 1993.