Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2642 Latest Draft

Bill / Introduced Version Filed 03/24/2025

                            1.1	A bill for an act​
1.2 relating to lobbying; modifying the definition of lobbyist and adding related​
1.3 definitions; amending Minnesota Statutes 2024, section 10A.01, subdivisions 21,​
1.4 33, by adding a subdivision.​
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision​
1.7to read:​
1.8 Subd. 20a.Lobbying contact.(a) "Lobbying contact" means any oral or written​
1.9communication, including an electronic communication, to a public official or a local official​
1.10that is made on behalf of a principal with regard to:​
1.11 (1) the formulation, modification, or adoption of state legislation, including legislative​
1.12proposals;​
1.13 (2) the formulation, modification, or adoption of an administrative rule, regulation,​
1.14executive order, or any other program, policy, or position of the state;​
1.15 (3) the administration or execution of a state program or policy, including the negotiation,​
1.16award, or administration of a state contract, grant, loan, permit, or license;​
1.17 (4) the nomination or confirmation of a person for a position subject to confirmation by​
1.18the senate; or​
1.19 (5) an official action of a political subdivision.​
1.20 (b) The term "lobbying contact" does not include a communication that is:​
1​Section 1.​
REVISOR JFK/VJ 25-04429​03/11/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  2642​
NINETY-FOURTH SESSION​
Authored by Torkelson​03/24/2025​
The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations​ 2.1 (1) made by a public official or local official acting in the public official's or local​
2.2official's official capacity;​
2.3 (2) made by a state government or local government employee acting in that employee's​
2.4official capacity;​
2.5 (3) made by a representative of a media organization, including a newspaper, magazine,​
2.6other publication, radio, television, cable television, or other medium of mass communication,​
2.7if the purpose of the communication is gathering and disseminating news and information​
2.8to the public;​
2.9 (4) made in a speech, article, publication, or other material that is distributed and made​
2.10available to the public or through radio, television, cable television, or other medium of​
2.11mass communication;​
2.12 (5) a request for a meeting, a request for the status of an action, or any other similar​
2.13administrative request if the request does not include an attempt to influence a public official​
2.14or local official;​
2.15 (6) made in the course of participation in an advisory committee under section 14.101,​
2.16subdivision 2;​
2.17 (7) testimony given before a committee, subcommittee, or task force of the legislature,​
2.18or submitted for inclusion in the public record of a hearing conducted by a committee,​
2.19subcommittee, or task force of the legislature;​
2.20 (8) information provided in writing in response to an oral or written request by a public​
2.21official or local official for specific information;​
2.22 (9) required by subpoena or civil investigative demand, or otherwise compelled by​
2.23statute, regulation, or other action of the legislature or an agency, including any​
2.24communication compelled by a state contract, grant, loan, permit, or license;​
2.25 (10) made in response to a notice in the State Register or other similar publication​
2.26soliciting communications from the public and directed to the agency official specifically​
2.27designated in the notice to receive the communications;​
2.28 (11) not possible to report without disclosing information, the unauthorized disclosure​
2.29of which is prohibited by law;​
2.30 (12) made to an official in an agency with regard to: (i) a judicial proceeding or a criminal​
2.31or civil law enforcement inquiry, investigation, or proceeding; or (ii) a filing or proceeding​
2.32that the government is specifically required by statute or regulation to maintain or conduct​
2​Section 1.​
REVISOR JFK/VJ 25-04429​03/11/25 ​ 3.1on a confidential basis, if the agency is charged with responsibility for the proceeding,​
3.2inquiry, investigation, or filing;​
3.3 (13) made in compliance with written agency procedures regarding an adjudication​
3.4conducted by the agency under chapter 14 or substantially similar provisions;​
3.5 (14) a written comment filed in the course of a public proceeding or any other​
3.6communication that is made on the record in a public proceeding;​
3.7 (15) a petition for agency action made in writing and required to be a matter of public​
3.8record pursuant to established agency procedures;​
3.9 (16) made on behalf of an individual with regard to the individual's benefits, employment,​
3.10or other personal matters involving only that individual, except this clause does not apply​
3.11to any communication with a public official or local official with respect to the formulation,​
3.12modification, or adoption of private legislation for the relief of the individual;​
3.13 (17) a disclosure by an individual that is protected under section 181.932 or under another​
3.14provision of law; and​
3.15 (18) made by: (i) a church, its integrated auxiliary, or a convention or association of​
3.16churches that is exempt from filing a federal income tax return under paragraph 2(A)(i) of​
3.17section 6033(a) of title 26; or (ii) a religious order that is exempt from filing a federal income​
3.18tax return under paragraph (2)(A)(iii) of section 6033(a) of title 26.​
3.19 Sec. 2. Minnesota Statutes 2024, section 10A.01, subdivision 21, is amended to read:​
3.20 Subd. 21.Lobbyist.(a) "Lobbyist" means an individual: who is employed or retained​
3.21by a principal for financial or other compensation for services that include more than one​
3.22lobbying contact, other than an individual whose lobbying contacts and efforts in support​
3.23of those lobbying contacts constitute less than 20 percent of the time engaged in the services​
3.24provided by the individual to that principal over a three-month period.​
3.25 (1) engaged for pay or other consideration of more than $3,000 from all sources in any​
3.26year:​
3.27 (i) for the purpose of attempting to influence legislative or administrative action, or the​
3.28official action of a political subdivision, by communicating with public or local officials;​
3.29or​
3.30 (ii) from a business whose primary source of revenue is derived from facilitating​
3.31government relations or government affairs services if the individual's job duties include​
3​Sec. 2.​
REVISOR JFK/VJ 25-04429​03/11/25 ​ 4.1offering direct or indirect consulting or advice that helps the business provide those services​
4.2to clients; or​
4.3 (2) who spends more than $3,000 of the individual's personal funds, not including the​
4.4individual's own traveling expenses and membership dues, in any year for the purpose of​
4.5attempting to influence legislative or administrative action, or the official action of a political​
4.6subdivision, by communicating with public or local officials.​
4.7 (b) "Lobbyist" does not include:​
4.8 (1) a public official;​
4.9 (2) an employee of the state, including an employee of any of the public higher education​
4.10systems;​
4.11 (3) an elected local official;​
4.12 (4) a nonelected local official or an employee of a political subdivision acting in an​
4.13official capacity, unless the nonelected official or employee of a political subdivision spends​
4.14more than 50 hours in any month attempting to influence legislative or administrative action,​
4.15or the official action of a political subdivision other than the political subdivision employing​
4.16the official or employee, by communicating or urging others to communicate with public​
4.17or local officials, including time spent monitoring legislative or administrative action, or​
4.18the official action of a political subdivision, and related research, analysis, and compilation​
4.19and dissemination of information relating to legislative or administrative policy in this state,​
4.20or to the policies of political subdivisions;​
4.21 (5) a party or the party's representative appearing in a proceeding before a state board,​
4.22commission, or agency of the executive branch unless the board, commission, or agency is​
4.23taking administrative action;​
4.24 (6) an individual while engaged in selling goods or services to be paid for by public​
4.25funds;​
4.26 (7) a news medium or its employees or agents while engaged in the publishing or​
4.27broadcasting of news items, editorial comments, or paid advertisements which directly or​
4.28indirectly urge official action;​
4.29 (8) a paid expert witness whose testimony is requested by the body before which the​
4.30witness is appearing, but only to the extent of preparing or delivering testimony;​
4​Sec. 2.​
REVISOR JFK/VJ 25-04429​03/11/25 ​ 5.1 (9) a party or the party's representative appearing to present a claim to the legislature​
5.2and communicating to legislators only by the filing of a claim form and supporting documents​
5.3and by appearing at public hearings on the claim; or​
5.4 (10) an individual providing information or advice to members of a collective bargaining​
5.5unit when the unit is actively engaged in the collective bargaining process with a state​
5.6agency or a political subdivision.​
5.7 (c) An individual who volunteers personal time to work without pay or other consideration​
5.8on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause​
5.9(2), need not register as a lobbyist.​
5.10 (d) An individual who provides administrative support to a lobbyist and whose salary​
5.11and administrative expenses attributable to lobbying activities are reported as lobbying​
5.12expenses by the lobbyist, but who does not communicate or urge others to communicate​
5.13with public or local officials, need not register as a lobbyist.​
5.14 Sec. 3. Minnesota Statutes 2024, section 10A.01, subdivision 33, is amended to read:​
5.15 Subd. 33.Principal."Principal" means an individual or association that: employs or​
5.16retains another person for financial or other compensation to conduct lobbying contacts and​
5.17efforts in support of those lobbying contacts on behalf of the individual or association. A​
5.18person or entity whose employees act as lobbyists on the individual or association's own​
5.19behalf is both a principal and an employer of the employees. In the case of a coalition or​
5.20association that employs or retains other persons to conduct lobbying activities, the principal​
5.21is the coalition or association and not its individual members.​
5.22 (1) spends more than $3,000 in the aggregate in any calendar year to engage a lobbyist,​
5.23compensate a lobbyist, or authorize the expenditure of money by a lobbyist; or​
5.24 (2) spends a total of at least $50,000 in any calendar year to influence legislative action,​
5.25administrative action, or the official action of political subdivisions, as described in section​
5.2610A.04, subdivision 6.​
5​Sec. 3.​
REVISOR JFK/VJ 25-04429​03/11/25 ​