Minnesota Legislature
HF 2105
as introduced - 94th Legislature (2025 - 2026) Posted on 03/13/2025 03:56pm
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A bill for an act
relating to lobbyist registration; amending certain definitions related to lobbying;
providing that a lobbyist is not required to disclose certain confidential or privileged
communications; amending Minnesota Statutes 2024, sections 10A.01, subdivisions
21, 26b; 10A.04, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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
yearnew text begin for more than ten hours in any monthnew text end :
(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; deleted text begin or
deleted text end
(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 officialsnew text begin ; or
new text end
new text begin (3) who is employed or retained by a client for financial or other compensation for
services that include more than one lobbying contact, other than an individual whose lobbying
activities constitute less than 20 percent of the time engaged in the services provided by
such individual to that client over a three-month period, in accordance with the definitions
provided in United States Code, title 2, section 1602new text end .
(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 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;
(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;
(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; deleted text begin or
deleted text end
(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 subdivisionnew text begin ;
new text end
new text begin
(11) an individual whose job responsibilities do not include lobbying, who has not been
directed or requested to lobby on an issue by their employer, and who does not receive pay
or consideration for lobbying they undertake on their own initiative;
new text end
new text begin
(12) an individual working to represent the individual's own interests, notwithstanding
whether the individual is a lobbyist registered to represent one or more principals, unless
the individual spends over $3,000 in personal funds in a calendar year for the purpose of
lobbying;
new text end
new text begin
(13) an individual whose work is a result of serving on the board or governing body of
an association that is a principal, unless the individual receives pay or other consideration
to lobby on behalf of the association and the aggregate pay or consideration for lobbying
from all sources exceeds $3,000 in a calendar year; or
new text end
new text begin (14) an individual who, by virtue of their professional licensure, certification, or
recognized expertise, provides an elected or nonelected local official with factual information,
technical assessments, or professional recommendations, including but not limited to
architects, engineers, attorneys, public finance professionals, and other experts with specific
expertisenew text end .
(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.
Minnesota Statutes 2024, section 10A.01, subdivision 26b, is amended to read:
Subd. 26b.
Official action of a political subdivision.
"Official action of a political
subdivision" means any action that requires a vote or approval by one or more elected local
officials while acting in their official capacity; or an action by an appointed or employed
local official to make, to recommend, or to vote on as a member of the governing body,
major decisions regarding the expenditure or investment of public money.new text begin Official action
of a political subdivision does not include the application or administration of a statute, rule,
or ordinance.
new text end
Sec. 3.
Minnesota Statutes 2024, section 10A.04, is amended by adding a subdivision to
read:
new text begin Subd. 10. new text end
new text begin Confidential and privileged communications. new text end
new text begin
Nothing in this section requires
an attorney or other licensed professional to disclose information that is protected by
attorney-client privilege, professional confidentiality obligations, or other legally recognized
privileges. Licensed professionals subject to confidentiality requirements under state or
federal law or professional codes of conduct are not required to report communications or
activities that would result in a violation of these obligations.
new text end