Minnesota Legislature
SF 2041
as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2019 09:31am
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A bill for an act
relating to ethics in government; closing a loophole in disclosure of economic
interests of public officials to include disclosure of certain independent contracting
and consulting; requiring additional disclosure of lobbying and lobbyist
contributions; requiring certain reports of lobbying activity; requiring disclosures
of campaign contributions from lobbyists, principals, and political committees;
amending Minnesota Statutes 2018, sections 10A.01, subdivision 5; 10A.04,
subdivisions 4, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, 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 andeleted text end new text begin a person ornew text end association,
corporation, partnership, limited liability company, limited liability partnership, or other
organized legal entity from which the individual receives compensation in excess of $250,
except for actual and reasonable expenses, in any month as a director, officer, owner,
member, partner, employer or employee, or whose securities the individual holds worth
more than $10,000 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 $50, except for actual and reasonable expenses,
in any month for providing services as an independent contractor or consultant. If an
individual is compensated by a person or association for providing services to a lobbyist,
principal, or interested person, associated business includes both the person or 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 2018, 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.
new text begin
(b) 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 total amount of all income from the principal for lobbying
activities on behalf of the principal. The total is not required to be itemized but 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
deleted text begin (b)deleted 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 benefitdeleted text begin ,
excluding contributions to a candidate,deleted text end equal in value to $5 or more, given or paid to any
official, as defined in section 10A.071, subdivision 1new text begin , and each contribution to a candidatenew text end ,
by the lobbyist or deleted text begin an employer or employeedeleted text end new text begin at the directionnew text end of the lobbyist. The list must
include the name and address of each official to whom the gift, item, deleted text begin ordeleted text end benefitnew text begin , or
contributionnew 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
new text begin
(h) A lobbyist must report the amount of a contribution in any amount made to a
candidate, principal campaign committee, or party unit. The list must include the name and
address of each candidate, principal campaign committee, or party unit to whom the
contribution was made.
new text end
Sec. 3.
Minnesota Statutes 2018, 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.
(b) Except as provided in paragraph (d), the principal must report the total amountdeleted 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) Except as provided in paragraph (d), 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.
(d) A principal that must report spending to influence administrative action in cases of
rate setting, power plant and powerline siting, and granting of certificates of need under
section 216B.243 must report those amounts as provided in this subdivision, except that
they must be reported separately and not included in the totals required under paragraphs
(b) and (c).
new text begin
(e) A principal must report the amount of a contribution in any amount made to a
candidate, principal campaign committee, or party unit. The list must include the name and
address of each candidate, principal campaign committee, or party unit to whom the
contribution was made.
new text end
Sec. 4. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective the day following final enactment.
new text end