SF 4700

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 09:21am

A bill for an act
relating to lobbyist registration; exempting certain activities from the definition
of "lobbyist"; requiring the Campaign Finance and Public Disclosure Board to
conduct a study; amending Minnesota Statutes 2023 Supplement, section 10A.01,
subdivision 21.

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

Section 1.

Minnesota Statutes 2023 Supplement, 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:

(i) for the purpose of attempting to influence legislative or administrative action, or the
official action of a political subdivision, by communicating or urging others to communicate
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; or

(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 or urging others to communicate with public or local officials.

(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; deleted text begin or
deleted text end

(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 . deleted text end new text begin ;
new text end

new text begin (10) an individual providing information, data, advice, professional opinions, variables,
options, or direction on a topic on which the individual has particular expertise through
education, training, or experience, to a person who otherwise qualifies as a lobbyist under
this subdivision, or to an elected or nonelected local official, at the lobbyist or local official's
request and without attempting to influence an official action political subdivision; or
new text end

new text begin (11) 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.
new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to activities occurring on or after that date.
new text end

Sec. 2. new text begin STATE AND LOCAL LOBBYING ACTIVITY; STUDY REQUIRED.
new text end

new text begin The Campaign Finance and Public Disclosure Board must study and, if appropriate,
make recommendations to the legislature on the definition of "lobbyist" for purposes of the
Minnesota Statutes. The study and recommendations must focus primarily on whether the
law does or should distinguish between activities that constitute lobbying of a state
government official and activities that constitute lobbying of a local official. If the study
determines that a distinction between these activities is appropriate, the board must
recommend options for the legislature to consider in adopting that distinction by law. The
board must submit a report describing the study, its results, and any associated
recommendations to the chairs and ranking minority members of the legislative committees
with jurisdiction over campaign finance and lobbyist registration policy no later than January
15, 2025.
new text end