Minnesota Legislature
SF 3020
as introduced - 86th Legislature (2009 - 2010) Posted on 03/03/2010 11:59am
Current Version - as introduced
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A bill for an act
relating to campaign finance and public disclosure; increasing the public's right
to know; requiring disclosure of economic interests of independent contractors
and consultants; changing certain definitions; requiring disclosure of the costs of
lobbying; requiring certain reports; amending Minnesota Statutes 2008, sections
10A.01, subdivisions 5, 21, 33; 10A.04, subdivisions 4, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, 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 deleted text begin $50deleted text end new text begin $200 in a yearnew text end , except for actual and reasonable expenses,
deleted text begin in any monthdeleted text end as a director, officer, owner, member, partner, employer or employee, or
whose securities the individual holds worth $2,500 or more 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 $200 in a year, except for actual
and reasonable expenses, for providing services to the lobbyist, principal, or interested
person as an independent contractor or consultant. If an individual is compensated by
an association for providing services to a lobbyist, principal, or interested person as an
independent contractor or consultant, "associated business" includes both the 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 2008, 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; or
(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.
(b) "Lobbyist" does not include:
(1) a public official;
(2) an employee of the statedeleted text begin , including an employee of any of the public higher
education systemsdeleted text end ;
(3) an elected local official;
(4) a nonelected local official or an employee of a political subdivisionnew text begin or public
higher education systemnew text end acting in an official capacity, unless the nonelected official or
employee of a political subdivisionnew text begin or public higher education systemnew text end 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 subdivisionnew text begin or
public higher education systemnew text end 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. 3.
Minnesota Statutes 2008, section 10A.01, subdivision 33, is amended to read:
Subd. 33.
Principal.
"Principal" means an individual deleted text begin ordeleted text end new text begin ,new text end associationnew text begin , political
subdivision, or public higher education systemnew text end 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; or
(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.
Sec. 4.
Minnesota Statutes 2008, 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 unitemized total amount of all income from the
principal for lobbying activities on behalf of the principal, rounded to the nearest $10,000.
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,new text begin and each contribution
to a candidate,new text end given or paid to any official, as defined in section 10A.071, subdivision
1, 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
Sec. 5.
Minnesota Statutes 2008, 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 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 influencenew text end
administrative action, andnew text begin the total amount spent by the principal during the preceding
calendar year to influencenew text end 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 principalnew text begin
or a lobbyist engaged by the principalnew text end relating to effortsnew text begin on behalf of the principalnew text end to
influence legislative action, administrative action, or the official action of metropolitan
governmental units in this state.