SF 105

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to campaign finance and public disclosure;
increasing the public's right to know; requiring
disclosure of economic interests of independent
contractors and consultants; changing certain
definitions; requiring disclosure of the costs of
lobbying; requiring certain reports; amending
Minnesota Statutes 2004, sections 10A.01, subdivisions
5, 21, 33; 10A.04, subdivisions 4, 6.

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

Section 1.

Minnesota Statutes 2004, section 10A.01,
subdivision 5, is amended to read:

Subd. 5.

Associated business.

new text begin (a) new text end "Associated business"
means deleted text begin an deleted text end new text begin a person or new text end association from which the individual
receives compensation in excess of deleted text begin $50 deleted text end new text begin $500 in a year new text end , except
for actual and reasonable expenses, deleted text begin in any month deleted text end as a director,
officer, owner, member, partner, employer or employee, or whose
securities the individual holds worth $2,500 or more at fair
market value.

new text begin (b) "Associated business" also means a lobbyist, principal,
or interested person by whom the individual is compensated in
excess of $500 in a year, except for actual and reasonable
expenses, for providing services to the lobbyist, principal, or
interested person as an independent contractor or consultant.
If an individual is compensated by an association for providing
services to a lobbyist, principal, or interested person as an
independent contractor or consultant, "associated business"
includes both the association that pays the compensation and the
lobbyist, principal, or interested person to whom the services
are provided.
new text end

new text begin (c) "Interested person" means a person or a representative
of a person or association that has a direct financial interest
in a decision that the individual receiving the compensation is
authorized to make as a public or local official or will be
authorized to make upon becoming a public or local official. To
be "direct," the financial interest of the person or association
paying the compensation to the individual must be of greater
consequence to the payer than the general interest of other
residents or taxpayers of the individual's governmental unit.
new text end

Sec. 2.

Minnesota Statutes 2004, 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 deleted text begin , including an employee of any
of the public higher education systems deleted text end ;

(3) an elected local official;

(4) a nonelected local official or an employee of a
political subdivision new text begin or public higher education system new text end acting
in an official capacity, unless the nonelected official or
employee of a political subdivision new text begin or public higher education
system new text end 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 new text begin or public higher education system
new text end 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;

(5) 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;

(6) an individual while engaged in selling goods or
services to be paid for by public funds;

(7) 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;

(8) 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

(9) 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. 3.

Minnesota Statutes 2004, section 10A.01,
subdivision 33, is amended to read:

Subd. 33.

Principal.

"Principal" means an individual deleted text begin or deleted text end new text begin ,
new text end association new text begin , political subdivision, or public higher education
system new text end that:

(1) spends more than $500 in the aggregate in any calendar
year to engage a lobbyist, compensate a lobbyist, or authorize
the expenditure of money by a lobbyist; or

(2) is not included in clause (1) and spends a total of at
least $50,000 in any calendar year on efforts to influence
legislative action, administrative action, or the official
action of metropolitan governmental units, as described in
section 10A.04, subdivision 6.

Sec. 4.

Minnesota Statutes 2004, section 10A.04,
subdivision 4, is amended to read:

Subd. 4.

Content.

(a) A report under this section must
include information the board requires from the registration
form and the information required by this subdivision for the
reporting period.

(b) new text begin A lobbyist must report a general description of the
subject or subjects on which the lobbyist lobbied on behalf of
each principal.
new text end

new text begin (c) A lobbyist must report the unitemized total amount of
all income from the principal for lobbying activities on behalf
of the principal, rounded to the nearest $10,000. The total
must include amounts paid to cover the lobbyist's salary and
administrative expenses. The report must include any payments
to the lobbyist by any other person for lobbying activities on
behalf of the principal.
new text end

new text begin (d) new text end A lobbyist must report the lobbyist's total
disbursements on lobbying, separately listing lobbying to
influence legislative action, lobbying to influence
administrative action, and lobbying to influence the official
actions of a metropolitan governmental unit, and a breakdown of
disbursements for each of those kinds of lobbying into
categories specified by the board, including but not limited to
the cost of publication and distribution of each publication
used in lobbying; other printing; media, including the cost of
production; postage; travel; fees, including allowances;
entertainment; telephone and telegraph; and other expenses.

deleted text begin (c) deleted text end new text begin (e) new text end A lobbyist must report the amount and nature of
each gift, item, or benefit deleted text begin , excluding contributions to a
candidate, deleted text end equal in value to $5 or more, new text begin and each contribution
to a candidate equal in value to $50 or more, new text end given or paid to
any official, as defined in section 10A.071, subdivision 1, by
the lobbyist or deleted text begin an employer or employee deleted text end new text begin at the direction new text end of the
lobbyist. The list must include the name and address of each
official to whom the gift, item, deleted text begin or deleted text end benefit new text begin , or contribution new text end was
given or paid and the date it was given or paid.

deleted text begin (d) deleted text end new text begin (f) new text end A lobbyist must report each original source of
money in excess of $500 in any year used for the purpose of
lobbying to influence legislative action, administrative action,
or the official action of a metropolitan governmental unit. The
list must include the name, address, and employer, or, if
self-employed, the occupation and principal place of business,
of each payer of money in excess of $500.

deleted text begin (e) On the report due June 15, the lobbyist must provide a
general description of the subjects lobbied in the previous 12
months deleted text end new text begin (g) A lobbyist must report the amount and date of each
contribution given by the lobbyist to a party organization
within a house of the legislature new text end .

Sec. 5.

Minnesota Statutes 2004, section 10A.04,
subdivision 6, is amended to read:

Subd. 6.

Principal reports.

(a) A principal must report
to the board as required in this subdivision by March 15 for the
preceding calendar year. Along with the report, the principal
must pay a fee of $50, except as otherwise provided in this
subdivision. The fee must be no more than necessary to cover
the cost of administering sections 10A.03 to 10A.06. The amount
of the fee is subject to change each biennium in accordance with
the budget request made by the board. The fee requirement
expires June 30, 2004.

(b) The principal must report the total amount deleted text begin , rounded to
the nearest $20,000, deleted text end spent by the principal during the preceding
calendar year to influence legislative action, new text begin the total amount
spent by the principal during the preceding calendar year to
influence new text end administrative action, and new text begin the total amount spent by
the principal during the preceding calendar year to influence
new text end the official action of metropolitan governmental units.

(c) The principal must report under this subdivision a
total amount that includes:

(1) all direct payments by the principal to lobbyists in
this state;

(2) all expenditures for advertising, mailing, research,
analysis, compilation and dissemination of information, and
public relations campaigns related to legislative action,
administrative action, or the official action of metropolitan
governmental units in this state; and

(3) all salaries and administrative expenses attributable
to activities of the principal new text begin or a lobbyist engaged by the
principal new text end relating to efforts new text begin on behalf of the principal new text end to
influence legislative action, administrative action, or the
official action of metropolitan governmental units in this state.