Minnesota 2025 2025-2026 Regular Session

Minnesota House Bill HF2284 Introduced / Bill

Filed 03/13/2025

                    1.1	A bill for an act​
1.2 relating to campaign finance; modifying the definitions of lobbyist and metropolitan​
1.3 governmental unit; modifying lobbying reporting requirements related to expert​
1.4 witnesses; requiring additional individuals to file statements of economic interest;​
1.5 amending Minnesota Statutes 2024, sections 10A.01, subdivisions 21, 24, 35, by​
1.6 adding a subdivision; 10A.04, subdivision 4; 10A.07, subdivision 1; 10A.08,​
1.7 subdivision 1; 10A.09, subdivisions 1, 6a.​
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.9 Section 1. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision​
1.10to read:​
1.11 Subd. 16c.Expert witness."Expert witness" means an individual providing testimony​
1.12or a report consisting of information, data, or professional opinions on which the individual​
1.13has particular expertise gained through formal education, professional or occupational​
1.14training, or experience in a field in which the individual is or has been employed.​
1.15 Sec. 2. Minnesota Statutes 2024, section 10A.01, subdivision 21, is amended to read:​
1.16 Subd. 21.Lobbyist.(a) "Lobbyist" means an individual:​
1.17 (1) engaged for pay or other consideration of more than $3,000 from all sources in any​
1.18year:​
1.19 (i) for the purpose of attempting to influence legislative or administrative action, or the​
1.20official action of a political subdivision, by communicating with public or local officials;​
1.21or​
1.22 (ii) from a business whose primary source of revenue is derived from facilitating​
1.23government relations or government affairs services if the individual's job duties include​
1​Sec. 2.​
REVISOR JFK/CH 25-04486​03/05/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  2284​
NINETY-FOURTH SESSION​
Authored by Coulter​03/13/2025​
The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations​ 2.1offering direct or indirect consulting or advice that helps the business provide those services​
2.2to clients; or​
2.3 (2) who spends more than $3,000 of the individual's personal funds, not including the​
2.4individual's own traveling expenses and membership dues, in any year for the purpose of​
2.5attempting to influence legislative or administrative action, or the official action of a political​
2.6subdivision, by communicating with public or local officials.​
2.7 (b) "Lobbyist" does not include:​
2.8 (1) a public official;​
2.9 (2) an employee of the state, including an employee of any of the public higher education​
2.10systems;​
2.11 (3) an elected local official;​
2.12 (4) a nonelected local official or an employee of a political subdivision acting in an​
2.13official capacity, unless the nonelected official or employee of a political subdivision spends​
2.14more than 50 hours in any month attempting to influence legislative or administrative action,​
2.15or the official action of a political subdivision other than the political subdivision employing​
2.16the official or employee, by communicating or urging others to communicate with public​
2.17or local officials, including time spent monitoring legislative or administrative action, or​
2.18the official action of a political subdivision, and related research, analysis, and compilation​
2.19and dissemination of information relating to legislative or administrative policy in this state,​
2.20or to the policies of political subdivisions local official or employee spends more than 50​
2.21hours in any month attempting to influence legislative or administrative action or the official​
2.22action of a metropolitan governmental unit, other than a political subdivision employing​
2.23the official or employee, by communicating with public or local officials;​
2.24 (5) a party or the party's representative appearing in a proceeding before a state board,​
2.25commission, or agency of the executive branch unless the board, commission, or agency is​
2.26taking administrative action;​
2.27 (6) an individual while engaged in selling goods or services to be paid for by public​
2.28funds;​
2.29 (7) a news medium or its employees or agents while engaged in the publishing or​
2.30broadcasting of news items, editorial comments, or paid advertisements which directly or​
2.31indirectly urge official action;​
2.32 (8) a paid expert witness whose testimony is requested by the body before which the​
2.33witness is appearing, but only to the extent of preparing or delivering testimony an expert​
2​Sec. 2.​
REVISOR JFK/CH 25-04486​03/05/25 ​ 3.1witness who communicates with public or local officials, other than the Public Utilities​
3.2Commission, if the communication occurs at a public meeting or is made available to the​
3.3general public;​
3.4 (9) a party or the party's representative appearing to present a claim to the legislature​
3.5and communicating to legislators only by the filing of a claim form and supporting documents​
3.6and by appearing at public hearings on the claim; or​
3.7 (10) an individual providing information or advice to members of a collective bargaining​
3.8unit when the unit is actively engaged in the collective bargaining process with a state​
3.9agency or a political subdivision.​
3.10 (c) An individual who volunteers personal time to work without pay or other consideration​
3.11on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause​
3.12(2), need not register as a lobbyist.​
3.13 (d) An individual who provides administrative support to a lobbyist and whose salary​
3.14and administrative expenses attributable to lobbying activities are reported as lobbying​
3.15expenses by the lobbyist, but who does not communicate or urge others to communicate​
3.16with public or local officials, need not register as a lobbyist.​
3.17 Sec. 3. Minnesota Statutes 2024, section 10A.01, subdivision 24, is amended to read:​
3.18 Subd. 24.Metropolitan governmental unit."Metropolitan governmental unit" means​
3.19any of the seven counties in the metropolitan area as defined in section 473.121, subdivision​
3.202, a regional railroad authority established by one or more of those counties under section​
3.21398A.03, a city with a population of over 50,000 located in the seven-county metropolitan​
3.22area, a county in the metropolitan area as defined in section 473.121, subdivision 2; the​
3.23Metropolitan Council, or a metropolitan agency as defined in section 473.121, subdivision​
3.245a; the Metropolitan Parks and Open Space Commission; the Metropolitan Airports​
3.25Commission; or the Minnesota Sports Facilities Authority.​
3.26 Sec. 4. Minnesota Statutes 2024, section 10A.01, subdivision 35, is amended to read:​
3.27 Subd. 35.Public official."Public official" means any:​
3.28 (1) member of the legislature;​
3.29 (2) individual employed by the legislature as secretary of the senate, legislative auditor,​
3.30director of the Legislative Budget Office, chief clerk of the house of representatives, revisor​
3.31of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of​
3​Sec. 4.​
REVISOR JFK/CH 25-04486​03/05/25 ​ 4.1Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis​
4.2Department;​
4.3 (3) constitutional officer in the executive branch and the officer's chief administrative​
4.4deputy;​
4.5 (4) solicitor general or deputy, assistant, or special assistant attorney general;​
4.6 (5) commissioner, deputy commissioner, or assistant commissioner of any state​
4.7department or agency as listed in section 15.01 or 15.06, or the state chief information​
4.8officer;​
4.9 (6) member, chief administrative officer, or deputy chief administrative officer of a state​
4.10board or commission that has either the power to adopt, amend, or repeal rules under chapter​
4.1114, or the power to adjudicate contested cases or appeals under chapter 14;​
4.12 (7) individual employed in the executive branch who is authorized to adopt, amend, or​
4.13repeal rules under chapter 14 or adjudicate contested cases under chapter 14;​
4.14 (8) executive director of the State Board of Investment;​
4.15 (9) deputy of any official listed in clauses (7) and (8);​
4.16 (10) judge of the Workers' Compensation Court of Appeals;​
4.17 (11) administrative law judge or compensation judge in the State Office of Administrative​
4.18Hearings or unemployment law judge in the Department of Employment and Economic​
4.19Development;​
4.20 (12) member, regional administrator, division director, general counsel, or operations​
4.21manager of the Metropolitan Council;​
4.22 (13) member or chief administrator of a metropolitan agency;​
4.23 (14) director of the Division of Alcohol and Gambling Enforcement in the Department​
4.24of Public Safety;​
4.25 (15) member or executive director of the Higher Education Facilities Authority;​
4.26 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;​
4.27 (17) member of the board of directors or executive director of the Minnesota State High​
4.28School League;​
4.29 (18) member of the Minnesota Ballpark Authority established in section 473.755;​
4.30 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;​
4​Sec. 4.​
REVISOR JFK/CH 25-04486​03/05/25 ​ 5.1 (20) manager of a watershed district, or member of a watershed management organization​
5.2as defined under section 103B.205, subdivision 13;​
5.3 (21) supervisor of a soil and water conservation district;​
5.4 (22) (20) director of Explore Minnesota Tourism;​
5.5 (23) (21) citizen member of the Lessard-Sams Outdoor Heritage Council established in​
5.6section 97A.056;​
5.7 (24) (22) citizen member of the Clean Water Council established in section 114D.30;​
5.8 (25) (23) member or chief executive of the Minnesota Sports Facilities Authority​
5.9established in section 473J.07;​
5.10 (26) (24) district court judge, appeals court judge, or supreme court justice;​
5.11 (27) county commissioner;​
5.12 (28) (25) member of the Greater Minnesota Regional Parks and Trails Commission;​
5.13 (29) (26) member of the Destination Medical Center Corporation established in section​
5.14469.41; or​
5.15 (30) (27) chancellor or member of the Board of Trustees of the Minnesota State Colleges​
5.16and Universities.​
5.17 Sec. 5. Minnesota Statutes 2024, section 10A.04, subdivision 4, is amended to read:​
5.18 Subd. 4.Content.(a) A report under this section must include information the board​
5.19requires from the registration form and the information required by this subdivision for the​
5.20reporting period.​
5.21 (b) A lobbyist must report the specific subjects of interest for an entity represented by​
5.22the lobbyist on each report submitted under this section. A lobbyist must describe a specific​
5.23subject of interest in the report with enough information to show the particular issue of​
5.24importance to the entity represented.​
5.25 (c) A lobbyist must report every state agency that had administrative action that the​
5.26represented entity sought to influence during the reporting period. The lobbyist must report​
5.27the specific subjects of interest for each administrative action and the revisor of statutes​
5.28rule draft number assigned to the administrative rulemaking.​
5.29 (d) A lobbyist must report every political subdivision that considered official action that​
5.30the represented entity sought to influence during the reporting period. The lobbyist must​
5.31report the specific subjects of interest for each action.​
5​Sec. 5.​
REVISOR JFK/CH 25-04486​03/05/25 ​ 6.1 (e) A lobbyist must report general lobbying categories and up to four specific subjects​
6.2of interest related to each general lobbying category on which the lobbyist attempted to​
6.3influence legislative action during the reporting period. If the lobbyist attempted to influence​
6.4legislative action on more than four specific subjects of interest for a general lobbying​
6.5category, the lobbyist, in consultation with the represented entity, must determine which​
6.6four specific subjects of interest were the entity's highest priorities during the reporting​
6.7period and report only those four subjects.​
6.8 (f) A lobbyist must report the Public Utilities Commission project name for each rate​
6.9setting, power plant and powerline siting, or granting of certification of need before the​
6.10Public Utilities Commission that the represented entity sought to influence during the​
6.11reporting period.​
6.12 (g) A lobbyist must report the amount and nature of each gift, item, or benefit, excluding​
6.13contributions to a candidate, equal in value to $5 or more, given or paid to any official, as​
6.14defined in section 10A.071, subdivision 1, by the lobbyist or an employer or employee of​
6.15the lobbyist. The list must include the name and address of each official to whom the gift,​
6.16item, or benefit was given or paid and the date it was given or paid.​
6.17 (h) A lobbyist must report each original source of money in excess of $500 in any year​
6.18used for the purpose of lobbying to influence legislative action, administrative action, or​
6.19the official action of a political subdivision. The list must include the name, address, and​
6.20employer, or, if self-employed, the occupation and principal place of business, of each payer​
6.21of money in excess of $500.​
6.22 (i) On each report, a lobbyist must disclose the general lobbying categories that were​
6.23lobbied on in the reporting period.​
6.24 (j) A lobbyist must report each expert witness that the lobbyist requested to communicate​
6.25with public or local officials as described in section 10A.01, subdivision 21, paragraph (b),​
6.26clause (8). The lobbyist must report the name of the expert witness; the employer, if any,​
6.27of the expert witness; the government entity that received the communication from the​
6.28expert witness; and the specific subject on which the expert witness communicated. The​
6.29designated lobbyist must also report this information if the expert witness is requested to​
6.30communicate by the principal or association that the lobbyist represents.​
6.31 Sec. 6. Minnesota Statutes 2024, section 10A.07, subdivision 1, is amended to read:​
6.32 Subdivision 1.Disclosure of potential conflicts.(a) A public official or a local official​
6.33elected to or appointed by a metropolitan governmental unit or by a political subdivision​
6​Sec. 6.​
REVISOR JFK/CH 25-04486​03/05/25 ​ 7.1with a population of over 50,000 located in the metropolitan area as defined in section​
7.2473.121, subdivision 2, who in the discharge of official duties would be required to take an​
7.3action or make a decision that would substantially affect the official's financial interests or​
7.4those of an associated business, unless the effect on the official is no greater than on other​
7.5members of the official's business classification, profession, or occupation, must take the​
7.6following actions:​
7.7 (1) prepare a written statement describing the matter requiring action or decision and​
7.8the nature of the potential conflict of interest;​
7.9 (2) deliver copies of the statement to the official's immediate superior, if any; and​
7.10 (3) if a member of the legislature or of the governing body of a metropolitan governmental​
7.11unit, deliver a copy of the statement to the presiding officer of the body of service.​
7.12 If a potential conflict of interest presents itself and there is insufficient time to comply​
7.13with clauses (1) to (3), the public or local official must orally inform the superior or the​
7.14official body of service or committee of the body of the potential conflict.​
7.15 (b) For purposes of this section, "financial interest" means any ownership or control in​
7.16an asset that has the potential to produce a monetary return.​
7.17 Sec. 7. Minnesota Statutes 2024, section 10A.08, subdivision 1, is amended to read:​
7.18 Subdivision 1.Disclosure required.(a) A public official or elected local official who​
7.19represents a client for a fee before an individual, board, commission, or agency that has​
7.20rulemaking authority in a hearing conducted under chapter 14, must disclose the official's​
7.21participation in the action to the board within 14 days after the public official's initial​
7.22appearance at a hearing. If the public official fails to disclose the participation by the date​
7.23that the disclosure was due, the board may impose a late filing fee of $25 per day, not to​
7.24exceed $1,000, starting on the day after the disclosure was due. The board must send notice​
7.25by certified mail to a public official who fails to disclose the participation within ten business​
7.26days after the disclosure was due that the public official may be subject to a civil penalty​
7.27for failure to disclose the participation. A public official who fails to disclose the participation​
7.28within seven days after the certified mail notice was sent by the board is subject to a civil​
7.29penalty imposed by the board of up to $1,000.​
7.30 (b) A public official or elected local official required to disclose representation under​
7.31this section shall provide the following information: name, address, and office held; name​
7.32and address of each client represented at the hearing; the name of the individual, board,​
7.33commission, or agency conducting the hearing and the date and location of the initial​
7​Sec. 7.​
REVISOR JFK/CH 25-04486​03/05/25 ​ 8.1appearance at the hearing; and a general description of the subject or subjects on which the​
8.2public official represented the client in the hearing.​
8.3 Sec. 8. Minnesota Statutes 2024, section 10A.09, subdivision 1, is amended to read:​
8.4 Subdivision 1.Time for filing.An individual must file a statement of economic interest:​
8.5 (1) within 60 days of accepting employment as a public official or a local official in a​
8.6metropolitan governmental unit or in a political subdivision with a population of over 50,000​
8.7located in the metropolitan area as defined in section 473.121, subdivision 2;​
8.8 (2) within 60 days of assuming office as a district court judge, appeals court judge,​
8.9supreme court justice, or county commissioner, soil and water conservation district​
8.10supervisor, manager of a watershed district, or member of a watershed management​
8.11organization as defined in section 103B.205, subdivision 13;​
8.12 (3) within 14 days after filing an affidavit of candidacy or petition to appear on the ballot​
8.13for an elective state constitutional or legislative office or an elective local office in a political​
8.14subdivision with a population of over 50,000 located in the metropolitan governmental unit​
8.15area as defined in section 473.121, subdivision 2, other than county commissioner;​
8.16 (4) in the case of a public official requiring the advice and consent of the senate, within​
8.1714 days after undertaking the duties of office; or​
8.18 (5) in the case of members of the Minnesota Racing Commission, the director of the​
8.19Minnesota Racing Commission, chief of security, medical officer, inspector of pari-mutuels,​
8.20and stewards employed or approved by the commission or persons who fulfill those duties​
8.21under contract, within 60 days of accepting or assuming duties.​
8.22 Sec. 9. Minnesota Statutes 2024, section 10A.09, subdivision 6a, is amended to read:​
8.23 Subd. 6a.Place of filing.A public official required to file a statement under this section​
8.24must file it with the board. A county commissioner, soil and water conservation district​
8.25supervisor, manager of a watershed district, or member of a watershed management​
8.26organization as defined in section 103B.205, subdivision 13, must file the statement with​
8.27the board. A local official required to file a statement under this section must file it with​
8.28the governing body of the official's political subdivision. The governing body must maintain​
8.29statements filed with it under this subdivision as public data. If an official position is defined​
8.30as both a public official and as a local official of a metropolitan governmental unit under​
8.31this chapter, the official must file the statement with the board.​
8​Sec. 9.​
REVISOR JFK/CH 25-04486​03/05/25 ​