HF 2642

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/24/2025 03:02 p.m.

A bill for an act
relating to lobbying; modifying the definition of lobbyist and adding related
definitions; amending Minnesota Statutes 2024, section 10A.01, subdivisions 21,
33, by adding a subdivision.

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. 20a. new text end

new text begin Lobbying contact. new text end

new text begin (a) "Lobbying contact" means any oral or written
communication, including an electronic communication, to a public official or a local official
that is made on behalf of a principal with regard to:
new text end

new text begin (1) the formulation, modification, or adoption of state legislation, including legislative
proposals;
new text end

new text begin (2) the formulation, modification, or adoption of an administrative rule, regulation,
executive order, or any other program, policy, or position of the state;
new text end

new text begin (3) the administration or execution of a state program or policy, including the negotiation,
award, or administration of a state contract, grant, loan, permit, or license;
new text end

new text begin (4) the nomination or confirmation of a person for a position subject to confirmation by
the senate; or
new text end

new text begin (5) an official action of a political subdivision.
new text end

new text begin (b) The term "lobbying contact" does not include a communication that is:
new text end

new text begin (1) made by a public official or local official acting in the public official's or local
official's official capacity;
new text end

new text begin (2) made by a state government or local government employee acting in that employee's
official capacity;
new text end

new text begin (3) made by a representative of a media organization, including a newspaper, magazine,
other publication, radio, television, cable television, or other medium of mass communication,
if the purpose of the communication is gathering and disseminating news and information
to the public;
new text end

new text begin (4) made in a speech, article, publication, or other material that is distributed and made
available to the public or through radio, television, cable television, or other medium of
mass communication;
new text end

new text begin (5) a request for a meeting, a request for the status of an action, or any other similar
administrative request if the request does not include an attempt to influence a public official
or local official;
new text end

new text begin (6) made in the course of participation in an advisory committee under section 14.101,
subdivision 2;
new text end

new text begin (7) testimony given before a committee, subcommittee, or task force of the legislature,
or submitted for inclusion in the public record of a hearing conducted by a committee,
subcommittee, or task force of the legislature;
new text end

new text begin (8) information provided in writing in response to an oral or written request by a public
official or local official for specific information;
new text end

new text begin (9) required by subpoena or civil investigative demand, or otherwise compelled by
statute, regulation, or other action of the legislature or an agency, including any
communication compelled by a state contract, grant, loan, permit, or license;
new text end

new text begin (10) made in response to a notice in the State Register or other similar publication
soliciting communications from the public and directed to the agency official specifically
designated in the notice to receive the communications;
new text end

new text begin (11) not possible to report without disclosing information, the unauthorized disclosure
of which is prohibited by law;
new text end

new text begin (12) made to an official in an agency with regard to: (i) a judicial proceeding or a criminal
or civil law enforcement inquiry, investigation, or proceeding; or (ii) a filing or proceeding
that the government is specifically required by statute or regulation to maintain or conduct
on a confidential basis, if the agency is charged with responsibility for the proceeding,
inquiry, investigation, or filing;
new text end

new text begin (13) made in compliance with written agency procedures regarding an adjudication
conducted by the agency under chapter 14 or substantially similar provisions;
new text end

new text begin (14) a written comment filed in the course of a public proceeding or any other
communication that is made on the record in a public proceeding;
new text end

new text begin (15) a petition for agency action made in writing and required to be a matter of public
record pursuant to established agency procedures;
new text end

new text begin (16) made on behalf of an individual with regard to the individual's benefits, employment,
or other personal matters involving only that individual, except this clause does not apply
to any communication with a public official or local official with respect to the formulation,
modification, or adoption of private legislation for the relief of the individual;
new text end

new text begin (17) a disclosure by an individual that is protected under section 181.932 or under another
provision of law; and
new text end

new text begin (18) made by: (i) a church, its integrated auxiliary, or a convention or association of
churches that is exempt from filing a federal income tax return under paragraph 2(A)(i) of
section 6033(a) of title 26; or (ii) a religious order that is exempt from filing a federal income
tax return under paragraph (2)(A)(iii) of section 6033(a) of title 26.
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 deleted text begin : deleted text end new text begin who is employed or retained
by a principal for financial or other compensation for services that include more than one
lobbying contact, other than an individual whose lobbying contacts and efforts in support
of those lobbying contacts constitute less than 20 percent of the time engaged in the services
provided by the individual to that principal over a three-month period.
new text end

deleted text begin (1) engaged for pay or other consideration of more than $3,000 from all sources in any
year:
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (b) "Lobbyist" does not include:
deleted text end

deleted text begin (1) a public official;
deleted text end

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

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

deleted text begin (4) 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 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

deleted text begin (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;
deleted text end

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

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

Sec. 3.

Minnesota Statutes 2024, section 10A.01, subdivision 33, is amended to read:

Subd. 33.

Principal.

"Principal" means an individual or association that deleted text begin : deleted text end new text begin employs or
retains another person for financial or other compensation to conduct lobbying contacts and
efforts in support of those lobbying contacts on behalf of the individual or association. A
person or entity whose employees act as lobbyists on the individual or association's own
behalf is both a principal and an employer of the employees. In the case of a coalition or
association that employs or retains other persons to conduct lobbying activities, the principal
is the coalition or association and not its individual members.
new text end

deleted text begin (1) spends more than $3,000 in the aggregate in any calendar year to engage a lobbyist,
compensate a lobbyist, or authorize the expenditure of money by a lobbyist; or
deleted text end

deleted text begin (2) spends a total of at least $50,000 in any calendar year to influence legislative action,
administrative action, or the official action of political subdivisions, as described in section
10A.04, subdivision 6.
deleted text end