SF 2249

as introduced - 87th Legislature (2011 - 2012) Posted on 03/06/2012 09:24am

A bill for an act
relating to campaign finance; adding requirements to lobbyists or principals
related to model legislation; adding requirements to principals and public officials
related to scholarship funds; amending Minnesota Statutes 2010, sections
10A.01, subdivisions 21, 33, by adding subdivisions; 10A.04, subdivision 6;
10A.09, subdivision 5.

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

Section 1.

Minnesota Statutes 2010, 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; deleted text begin or
deleted text end

(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 new text begin ; or
new text end

new text begin (3) who attempts to influence legislative adoption of model legislation written or
distributed by a principal new 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 metropolitan governmental unit 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 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. 2.

Minnesota Statutes 2010, section 10A.01, is amended by adding a subdivision
to read:

new text begin Subd. 25a. new text end

new text begin Model legislation. new text end

new text begin "Model legislation" means legislation written or
distributed by a principal to public officials of more than one state.
new text end

Sec. 3.

Minnesota Statutes 2010, section 10A.01, subdivision 33, is amended to read:

Subd. 33.

Principal.

"Principal" means an individual or association 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; deleted text begin or
deleted text end

(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 new text begin ; or
new text end

new text begin (3) drafts, promotes, or distributes model legislation to any public official of this
state with the purpose of influencing a public official to introduce the legislation or vote in
favor of the legislation new text end .

Sec. 4.

Minnesota Statutes 2010, section 10A.01, is amended by adding a subdivision
to read:

new text begin Subd. 35a. new text end

new text begin Scholarship funds. new text end

new text begin "Scholarship funds" means money or other financial
support given by a principal to, or on behalf of, a public official to reimburse or pay for all
or part of the costs of attending a conference, meeting, or event where model legislation
will be presented, discussed, distributed, or made available.
new text end

Sec. 5.

Minnesota Statutes 2010, 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) The principal must report the total amount, rounded to the nearest $20,000,
spent by the principal during the preceding calendar year to influence legislative action,
administrative action, and 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
relating to efforts to influence legislative action, administrative action, or the official
action of metropolitan governmental units in this state.

new text begin (d) A principal that grants scholarship funds for a public official to attend a
conference, meeting, or event must report:
new text end

new text begin (1) the names of all public officials that received scholarship funds for attendance
at the conference, meeting, or event; and
new text end

new text begin (2) the names of any entity or individuals who contributed money towards
scholarship funds; when possible, the report must identify the entities or individuals who
contributed to each recipient's scholarship.
new text end

Sec. 6.

Minnesota Statutes 2010, section 10A.09, subdivision 5, is amended to read:

Subd. 5.

Form.

A statement of economic interest required by this section must be
on a form prescribed by the board. The individual filing must provide the following
information:

(1) name, address, occupation, and principal place of business;

(2) the name of each associated business and the nature of that association;

(3) a listing of all real property within the state, excluding homestead property, in
which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as
buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued
in excess of $2,500; or (ii) an option to buy, if the property has a fair market value
of $50,000 or more;

(4) a listing of all real property within the state in which a partnership of which the
individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as
buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of
the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property
has a fair market value of $50,000 or more. A listing under clause (3) or (4) must indicate
the street address and the municipality or the section, township, range and approximate
acreage, whichever applies, and the county in which the property is located; deleted text begin and
deleted text end

(5) a listing of any investments, ownership, or interests in property connected with
pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
the individual directly or indirectly holds a partial or full interest or an immediate family
member holds a partial or full interest new text begin ; and
new text end

new text begin (6) a listing of all scholarship funds received, or paid on the individual's behalf, the
amount of each scholarship, the granting entity, and the conference, meeting, or event for
which the scholarship funds were granted new text end .