| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to lobbyist registration; amending certain definitions related to lobbying; |
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| 3 | 3 | | 1.3 providing that a lobbyist is not required to disclose certain confidential or privileged |
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| 4 | 4 | | 1.4 communications; amending Minnesota Statutes 2024, sections 10A.01, subdivisions |
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| 5 | 5 | | 1.5 21, 26b; 10A.04, by adding a subdivision. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 10A.01, subdivision 21, is amended to read: |
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| 8 | 8 | | 1.8 Subd. 21.Lobbyist.(a) "Lobbyist" means an individual: |
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| 9 | 9 | | 1.9 (1) engaged for pay or other consideration of more than $3,000 from all sources in any |
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| 10 | 10 | | 1.10year for more than ten hours in any month: |
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| 11 | 11 | | 1.11 (i) for the purpose of attempting to influence legislative or administrative action, or the |
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| 12 | 12 | | 1.12official action of a political subdivision, by communicating with public or local officials; |
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| 13 | 13 | | 1.13or |
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| 14 | 14 | | 1.14 (ii) from a business whose primary source of revenue is derived from facilitating |
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| 15 | 15 | | 1.15government relations or government affairs services if the individual's job duties include |
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| 16 | 16 | | 1.16offering direct or indirect consulting or advice that helps the business provide those services |
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| 17 | 17 | | 1.17to clients; or |
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| 18 | 18 | | 1.18 (2) who spends more than $3,000 of the individual's personal funds, not including the |
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| 19 | 19 | | 1.19individual's own traveling expenses and membership dues, in any year for the purpose of |
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| 20 | 20 | | 1.20attempting to influence legislative or administrative action, or the official action of a political |
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| 21 | 21 | | 1.21subdivision, by communicating with public or local officials; or |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | REVISOR JFK/KR 25-0446403/03/25 |
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| 24 | 24 | | State of Minnesota |
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| 25 | 25 | | This Document can be made available |
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| 26 | 26 | | in alternative formats upon request |
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| 27 | 27 | | HOUSE OF REPRESENTATIVES |
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| 28 | 28 | | H. F. No. 2105 |
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| 29 | 29 | | NINETY-FOURTH SESSION |
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| 30 | 30 | | Authored by Nash03/10/2025 |
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| 31 | 31 | | The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1 (3) who is employed or retained by a client for financial or other compensation for |
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| 32 | 32 | | 2.2services that include more than one lobbying contact, other than an individual whose lobbying |
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| 33 | 33 | | 2.3activities constitute less than 20 percent of the time engaged in the services provided by |
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| 34 | 34 | | 2.4such individual to that client over a three-month period, in accordance with the definitions |
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| 35 | 35 | | 2.5provided in United States Code, title 2, section 1602. |
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| 36 | 36 | | 2.6 (b) "Lobbyist" does not include: |
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| 37 | 37 | | 2.7 (1) a public official; |
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| 38 | 38 | | 2.8 (2) an employee of the state, including an employee of any of the public higher education |
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| 39 | 39 | | 2.9systems; |
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| 40 | 40 | | 2.10 (3) an elected local official; |
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| 41 | 41 | | 2.11 (4) a nonelected local official or an employee of a political subdivision acting in an |
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| 42 | 42 | | 2.12official capacity, unless the nonelected official or employee of a political subdivision spends |
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| 43 | 43 | | 2.13more than 50 hours in any month attempting to influence legislative or administrative action, |
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| 44 | 44 | | 2.14or the official action of a political subdivision other than the political subdivision employing |
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| 45 | 45 | | 2.15the official or employee, by communicating or urging others to communicate with public |
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| 46 | 46 | | 2.16or local officials, including time spent monitoring legislative or administrative action, or |
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| 47 | 47 | | 2.17the official action of a political subdivision, and related research, analysis, and compilation |
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| 48 | 48 | | 2.18and dissemination of information relating to legislative or administrative policy in this state, |
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| 49 | 49 | | 2.19or to the policies of political subdivisions; |
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| 50 | 50 | | 2.20 (5) a party or the party's representative appearing in a proceeding before a state board, |
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| 51 | 51 | | 2.21commission, or agency of the executive branch unless the board, commission, or agency is |
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| 52 | 52 | | 2.22taking administrative action; |
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| 53 | 53 | | 2.23 (6) an individual while engaged in selling goods or services to be paid for by public |
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| 54 | 54 | | 2.24funds; |
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| 55 | 55 | | 2.25 (7) a news medium or its employees or agents while engaged in the publishing or |
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| 56 | 56 | | 2.26broadcasting of news items, editorial comments, or paid advertisements which directly or |
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| 57 | 57 | | 2.27indirectly urge official action; |
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| 58 | 58 | | 2.28 (8) a paid expert witness whose testimony is requested by the body before which the |
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| 59 | 59 | | 2.29witness is appearing, but only to the extent of preparing or delivering testimony; |
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| 60 | 60 | | 2.30 (9) a party or the party's representative appearing to present a claim to the legislature |
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| 61 | 61 | | 2.31and communicating to legislators only by the filing of a claim form and supporting documents |
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| 62 | 62 | | 2.32and by appearing at public hearings on the claim; or |
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| 63 | 63 | | 2Section 1. |
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| 64 | 64 | | REVISOR JFK/KR 25-0446403/03/25 3.1 (10) an individual providing information or advice to members of a collective bargaining |
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| 65 | 65 | | 3.2unit when the unit is actively engaged in the collective bargaining process with a state |
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| 66 | 66 | | 3.3agency or a political subdivision; |
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| 67 | 67 | | 3.4 (11) an individual whose job responsibilities do not include lobbying, who has not been |
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| 68 | 68 | | 3.5directed or requested to lobby on an issue by their employer, and who does not receive pay |
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| 69 | 69 | | 3.6or consideration for lobbying they undertake on their own initiative; |
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| 70 | 70 | | 3.7 (12) an individual working to represent the individual's own interests, notwithstanding |
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| 71 | 71 | | 3.8whether the individual is a lobbyist registered to represent one or more principals, unless |
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| 72 | 72 | | 3.9the individual spends over $3,000 in personal funds in a calendar year for the purpose of |
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| 73 | 73 | | 3.10lobbying; |
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| 74 | 74 | | 3.11 (13) an individual whose work is a result of serving on the board or governing body of |
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| 75 | 75 | | 3.12an association that is a principal, unless the individual receives pay or other consideration |
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| 76 | 76 | | 3.13to lobby on behalf of the association and the aggregate pay or consideration for lobbying |
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| 77 | 77 | | 3.14from all sources exceeds $3,000 in a calendar year; or |
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| 78 | 78 | | 3.15 (14) an individual who, by virtue of their professional licensure, certification, or |
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| 79 | 79 | | 3.16recognized expertise, provides an elected or nonelected local official with factual information, |
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| 80 | 80 | | 3.17technical assessments, or professional recommendations, including but not limited to |
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| 81 | 81 | | 3.18architects, engineers, attorneys, public finance professionals, and other experts with specific |
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| 82 | 82 | | 3.19expertise. |
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| 83 | 83 | | 3.20 (c) An individual who volunteers personal time to work without pay or other consideration |
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| 84 | 84 | | 3.21on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause |
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| 85 | 85 | | 3.22(2), need not register as a lobbyist. |
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| 86 | 86 | | 3.23 (d) An individual who provides administrative support to a lobbyist and whose salary |
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| 87 | 87 | | 3.24and administrative expenses attributable to lobbying activities are reported as lobbying |
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| 88 | 88 | | 3.25expenses by the lobbyist, but who does not communicate or urge others to communicate |
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| 89 | 89 | | 3.26with public or local officials, need not register as a lobbyist. |
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| 90 | 90 | | 3.27 Sec. 2. Minnesota Statutes 2024, section 10A.01, subdivision 26b, is amended to read: |
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| 91 | 91 | | 3.28 Subd. 26b.Official action of a political subdivision."Official action of a political |
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| 92 | 92 | | 3.29subdivision" means any action that requires a vote or approval by one or more elected local |
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| 93 | 93 | | 3.30officials while acting in their official capacity; or an action by an appointed or employed |
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| 94 | 94 | | 3.31local official to make, to recommend, or to vote on as a member of the governing body, |
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| 95 | 95 | | 3.32major decisions regarding the expenditure or investment of public money. Official action |
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| 96 | 96 | | 3Sec. 2. |
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| 97 | 97 | | REVISOR JFK/KR 25-0446403/03/25 4.1of a political subdivision does not include the application or administration of a statute, rule, |
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| 98 | 98 | | 4.2or ordinance. |
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| 99 | 99 | | 4.3 Sec. 3. Minnesota Statutes 2024, section 10A.04, is amended by adding a subdivision to |
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| 100 | 100 | | 4.4read: |
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| 101 | 101 | | 4.5 Subd. 10.Confidential and privileged communications.Nothing in this section requires |
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| 102 | 102 | | 4.6an attorney or other licensed professional to disclose information that is protected by |
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| 103 | 103 | | 4.7attorney-client privilege, professional confidentiality obligations, or other legally recognized |
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| 104 | 104 | | 4.8privileges. Licensed professionals subject to confidentiality requirements under state or |
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| 105 | 105 | | 4.9federal law or professional codes of conduct are not required to report communications or |
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| 106 | 106 | | 4.10activities that would result in a violation of these obligations. |
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| 107 | 107 | | 4Sec. 3. |
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| 108 | 108 | | REVISOR JFK/KR 25-0446403/03/25 |
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