HF 1102

as introduced - 89th Legislature (2015 - 2016) Posted on 02/19/2015 01:50pm

A bill for an act
relating to state government; prohibiting state or local elected officials from acting
as lobbyists; amending Minnesota Statutes 2014, section 10A.01, subdivision 21;
proposing coding for new law in Minnesota Statutes, chapter 10A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 10A.01, subdivision 21, is amended to read:

Subd. 21.

Lobbyist.

(a) "Lobbyist" means an individual:

(1) engaged for pay or other consideration of more than $3,000 from all sources in
any year for the purpose of attempting to influence legislative or administrative action, or
the official action of a metropolitan governmental unit, by communicating or urging others
to communicate with public or local officials; or

(2) who spends more than $250, not including the individual's own traveling
expenses and membership dues, in any year for the purpose of attempting to influence
legislative or administrative action, or the official action of a metropolitan governmental
unit, by communicating or urging others to communicate with public or local officials.

(b) "Lobbyist" does not include:

(1) a public official;

(2) an employee of the state, including an employee of any of the public higher
education systems;

(3) deleted text begin an elected local official;
deleted text end

deleted text begin (4) deleted text end a nonelected local official or an employee of a political subdivision acting in an
official capacity, unless the nonelected official or employee of a political subdivision spends
more than 50 hours in any month attempting to influence legislative or administrative
action, or the official action of a metropolitan governmental unit other than the political
subdivision employing the official or employee, by communicating or urging others to
communicate with public or local officials, including time spent monitoring legislative or
administrative action, or the official action of a metropolitan governmental unit, and related
research, analysis, and compilation and dissemination of information relating to legislative
or administrative policy in this state, or to the policies of metropolitan governmental units;

deleted text begin (5) deleted text end new text begin (4) new text end a party or the party's representative appearing in a proceeding before a state
board, commission, or agency of the executive branch unless the board, commission,
or agency is taking administrative action;

deleted text begin (6) deleted text end new text begin (5) new text end an individual while engaged in selling goods or services to be paid for by
public funds;

deleted text begin (7) deleted text end new text begin (6) new text end a news medium or its employees or agents while engaged in the publishing or
broadcasting of news items, editorial comments, or paid advertisements which directly
or indirectly urge official action;

deleted text begin (8) deleted text end new text begin (7) new text end a paid expert witness whose testimony is requested by the body before which
the witness is appearing, but only to the extent of preparing or delivering testimony; or

deleted text begin (9) deleted text end new text begin (8) new text end a party or the party's representative appearing to present a claim to the
legislature and communicating to legislators only by the filing of a claim form and
supporting documents and by appearing at public hearings on the claim.

(c) An individual who volunteers personal time to work without pay or other
consideration on a lobbying campaign, and who does not spend more than the limit in
paragraph (a), clause (2), need not register as a lobbyist.

(d) An individual who provides administrative support to a lobbyist and whose salary
and administrative expenses attributable to lobbying activities are reported as lobbying
expenses by the lobbyist, but who does not communicate or urge others to communicate
with public or local officials, need not register as a lobbyist.

Sec. 2.

new text begin [10A.055] ELECTED OFFICIALS NOT TO ACT AS LOBBYISTS.
new text end

new text begin (a) A legislator, the governor, the lieutenant governor, the attorney general, the
secretary of state, the state auditor, or an elected member of the governing body of a
county, statutory or home rule charter city, town, or school district may not:
new text end

new text begin (1) be engaged for pay or other consideration of more than $3,000 from all sources
in any year for the purpose of attempting to influence legislative or administrative action,
or the official action of a metropolitan governmental unit, by communicating or urging
others to communicate with public or local officials; or
new text end

new text begin (2) spend more than $250, not including the individual's own traveling expenses
and membership dues, in any year for the purpose of attempting to influence legislative
or administrative action, or the official action of a metropolitan governmental unit, by
communicating or urging others to communicate with public or local officials.
new text end

new text begin (b) This section does not apply to an elected member of the governing body of a
county, statutory or home rule charter city, town, or school district who is attempting to
influence action that directly relates to the body to which the person is elected. An attempt
to influence action on behalf of the body on which the person serves does not make the
person a lobbyist.
new text end