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: 1Section 1. REVISOR JFK/VJ 25-0442903/11/25 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 Torkelson03/24/2025 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 2Section 1. REVISOR JFK/VJ 25-0442903/11/25 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 3Sec. 2. REVISOR JFK/VJ 25-0442903/11/25 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; 4Sec. 2. REVISOR JFK/VJ 25-0442903/11/25 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. 5Sec. 3. REVISOR JFK/VJ 25-0442903/11/25