HF 2284

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/13/2025 03:02 p.m.

A bill for an act
relating to campaign finance; modifying the definitions of lobbyist and metropolitan
governmental unit; modifying lobbying reporting requirements related to expert
witnesses; requiring additional individuals to file statements of economic interest;
amending Minnesota Statutes 2024, sections 10A.01, subdivisions 21, 24, 35, by
adding a subdivision; 10A.04, subdivision 4; 10A.07, subdivision 1; 10A.08,
subdivision 1; 10A.09, subdivisions 1, 6a.

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

Section 1.

Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision
to read:

new text begin Subd. 16c. new text end

new text begin Expert witness. new text end

new text begin "Expert witness" means an individual providing testimony
or a report consisting of information, data, or professional opinions on which the individual
has particular expertise gained through formal education, professional or occupational
training, or experience in a field in which the individual is or has been employed.
new text end

Sec. 2.

Minnesota Statutes 2024, 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:

(i) for the purpose of attempting to influence legislative or administrative action, or the
official action of a political subdivision, by communicating with public or local officials;
or

(ii) from a business whose primary source of revenue is derived from facilitating
government relations or government affairs services if the individual's job duties include
offering direct or indirect consulting or advice that helps the business provide those services
to clients; or

(2) who spends more than $3,000 of the individual's personal funds, 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 political
subdivision, by communicating 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) an elected local official;

(4) a nonelected local official or an employee of a political subdivision acting in an
official capacity, unless the deleted text begin 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 political subdivision 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 political subdivision, and related research, analysis, and compilation
and dissemination of information relating to legislative or administrative policy in this state,
or to the policies of political subdivisions deleted text end new text begin local official or employee 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 a political subdivision employing
the official or employee, by communicating with public or local officials new text end ;

(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) deleted text begin 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 deleted text end new text begin an expert
witness who communicates with public or local officials, other than the Public Utilities
Commission, if the communication occurs at a public meeting or is made available to the
general public new text end ;

(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; or

(10) an individual providing information or advice to members of a collective bargaining
unit when the unit is actively engaged in the collective bargaining process with a state
agency or a political subdivision.

(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 2024, section 10A.01, subdivision 24, is amended to read:

Subd. 24.

Metropolitan governmental unit.

"Metropolitan governmental unit" means
deleted text begin any of the seven counties in the metropolitan area as defined in section 473.121, subdivision
2, deleted text end a regional railroad authority established by deleted text begin one or more of those counties under section
398A.03, a city with a population of over 50,000 located in the seven-county metropolitan
area, deleted text end new text begin a county in the metropolitan area as defined in section 473.121, subdivision 2; new text end the
Metropolitan Council deleted text begin , or a metropolitan agency as defined in section 473.121, subdivision
5a deleted text end new text begin ; the Metropolitan Parks and Open Space Commission; the Metropolitan Airports
Commission; or the Minnesota Sports Facilities Authority new text end .

Sec. 4.

Minnesota Statutes 2024, section 10A.01, subdivision 35, is amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative auditor,
director of the Legislative Budget Office, chief clerk of the house of representatives, revisor
of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis
Department;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a state
board or commission that has either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend, or
repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of Administrative
Hearings or unemployment law judge in the Department of Employment and Economic
Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the Department
of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State High
School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

deleted text begin (20) manager of a watershed district, or member of a watershed management organization
as defined under section 103B.205, subdivision 13;
deleted text end

deleted text begin (21) supervisor of a soil and water conservation district;
deleted text end

deleted text begin (22) deleted text end new text begin (20) new text end director of Explore Minnesota Tourism;

deleted text begin (23) deleted text end new text begin (21) new text end citizen member of the Lessard-Sams Outdoor Heritage Council established in
section 97A.056;

deleted text begin (24) deleted text end new text begin (22) new text end citizen member of the Clean Water Council established in section 114D.30;

deleted text begin (25) deleted text end new text begin (23) new text end member or chief executive of the Minnesota Sports Facilities Authority
established in section 473J.07;

deleted text begin (26) deleted text end new text begin (24) new text end district court judge, appeals court judge, or supreme court justice;

deleted text begin (27) county commissioner;
deleted text end

deleted text begin (28) deleted text end new text begin (25) new text end member of the Greater Minnesota Regional Parks and Trails Commission;

deleted text begin (29) deleted text end new text begin (26) new text end member of the Destination Medical Center Corporation established in section
469.41; or

deleted text begin (30) deleted text end new text begin (27) new text end chancellor or member of the Board of Trustees of the Minnesota State Colleges
and Universities.

Sec. 5.

Minnesota Statutes 2024, 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) A lobbyist must report the specific subjects of interest for an entity represented by
the lobbyist on each report submitted under this section. A lobbyist must describe a specific
subject of interest in the report with enough information to show the particular issue of
importance to the entity represented.

(c) A lobbyist must report every state agency that had administrative action that the
represented entity sought to influence during the reporting period. The lobbyist must report
the specific subjects of interest for each administrative action and the revisor of statutes
rule draft number assigned to the administrative rulemaking.

(d) A lobbyist must report every political subdivision that considered official action that
the represented entity sought to influence during the reporting period. The lobbyist must
report the specific subjects of interest for each action.

(e) A lobbyist must report general lobbying categories and up to four specific subjects
of interest related to each general lobbying category on which the lobbyist attempted to
influence legislative action during the reporting period. If the lobbyist attempted to influence
legislative action on more than four specific subjects of interest for a general lobbying
category, the lobbyist, in consultation with the represented entity, must determine which
four specific subjects of interest were the entity's highest priorities during the reporting
period and report only those four subjects.

(f) A lobbyist must report the Public Utilities Commission project name for each rate
setting, power plant and powerline siting, or granting of certification of need before the
Public Utilities Commission that the represented entity sought to influence during the
reporting period.

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

(h) 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 political subdivision. 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.

(i) On each report, a lobbyist must disclose the general lobbying categories that were
lobbied on in the reporting period.

new text begin (j) A lobbyist must report each expert witness that the lobbyist requested to communicate
with public or local officials as described in section 10A.01, subdivision 21, paragraph (b),
clause (8). The lobbyist must report the name of the expert witness; the employer, if any,
of the expert witness; the government entity that received the communication from the
expert witness; and the specific subject on which the expert witness communicated. The
designated lobbyist must also report this information if the expert witness is requested to
communicate by the principal or association that the lobbyist represents.
new text end

Sec. 6.

Minnesota Statutes 2024, section 10A.07, subdivision 1, is amended to read:

Subdivision 1.

Disclosure of potential conflicts.

(a) A public official or a local official
elected to or appointed by a metropolitan governmental unit new text begin or by a political subdivision
with a population of over 50,000 located in the metropolitan area as defined in section
473.121, subdivision 2, new text end who in the discharge of official duties would be required to take an
action or make a decision that would substantially affect the official's financial interests or
those of an associated business, unless the effect on the official is no greater than on other
members of the official's business classification, profession, or occupation, must take the
following actions:

(1) prepare a written statement describing the matter requiring action or decision and
the nature of the potential conflict of interest;

(2) deliver copies of the statement to the official's immediate superior, if any; and

(3) if a member of the legislature or of the governing body of a metropolitan governmental
unit, deliver a copy of the statement to the presiding officer of the body of service.

If a potential conflict of interest presents itself and there is insufficient time to comply
with clauses (1) to (3), the public or local official must orally inform the superior or the
official body of service or committee of the body of the potential conflict.

(b) For purposes of this section, "financial interest" means any ownership or control in
an asset that has the potential to produce a monetary return.

Sec. 7.

Minnesota Statutes 2024, section 10A.08, subdivision 1, is amended to read:

Subdivision 1.

Disclosure required.

(a) A public official new text begin or elected local official new text end who
represents a client for a fee before an individual, board, commission, or agency that has
rulemaking authority in a hearing conducted under chapter 14, must disclose the official's
participation in the action to the board within 14 days after the public official's initial
appearance at a hearing. If the public official fails to disclose the participation by the date
that the disclosure was due, the board may impose a late filing fee of $25 per day, not to
exceed $1,000, starting on the day after the disclosure was due. The board must send notice
by certified mail to a public official who fails to disclose the participation within ten business
days after the disclosure was due that the public official may be subject to a civil penalty
for failure to disclose the participation. A public official who fails to disclose the participation
within seven days after the certified mail notice was sent by the board is subject to a civil
penalty imposed by the board of up to $1,000.

(b) A public official new text begin or elected local official new text end required to disclose representation under
this section shall provide the following information: name, address, and office held; name
and address of each client represented at the hearing; the name of the individual, board,
commission, or agency conducting the hearing and the date and location of the initial
appearance at the hearing; and a general description of the subject or subjects on which the
public official represented the client in the hearing.

Sec. 8.

Minnesota Statutes 2024, section 10A.09, subdivision 1, is amended to read:

Subdivision 1.

Time for filing.

An individual must file a statement of economic interest:

(1) within 60 days of accepting employment as a public official or a local official in a
metropolitan governmental unit new text begin or in a political subdivision with a population of over 50,000
located in the metropolitan area as defined in section 473.121, subdivision 2 new text end ;

(2) within 60 days of assuming office as a district court judge, appeals court judge,
supreme court justice, deleted text begin or deleted text end county commissioner new text begin , soil and water conservation district
supervisor, manager of a watershed district, or member of a watershed management
organization as defined in section 103B.205, subdivision 13 new text end ;

(3) within 14 days after filing an affidavit of candidacy or petition to appear on the ballot
for an elective state constitutional or legislative office or an elective local office in a new text begin political
subdivision with a population of over 50,000 located in the new text end metropolitan deleted text begin governmental unit deleted text end new text begin
area as defined in section 473.121, subdivision 2, new text end other than county commissioner;

(4) in the case of a public official requiring the advice and consent of the senate, within
14 days after undertaking the duties of office; or

(5) in the case of members of the Minnesota Racing Commission, the director of the
Minnesota Racing Commission, chief of security, medical officer, inspector of pari-mutuels,
and stewards employed or approved by the commission or persons who fulfill those duties
under contract, within 60 days of accepting or assuming duties.

Sec. 9.

Minnesota Statutes 2024, section 10A.09, subdivision 6a, is amended to read:

Subd. 6a.

Place of filing.

A public official required to file a statement under this section
must file it with the board. new text begin A county commissioner, soil and water conservation district
supervisor, manager of a watershed district, or member of a watershed management
organization as defined in section 103B.205, subdivision 13, must file the statement with
the board. new text end A local official required to file a statement under this section must file it with
the governing body of the official's political subdivision. The governing body must maintain
statements filed with it under this subdivision as public data. If an official position is defined
as both a public official and as a local official of a metropolitan governmental unit under
this chapter, the official must file the statement with the board.