Bill Text: MN HF121 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Model legislation lobbyist or principal requirements added, and principals and public official requirements added to scholarship funds.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2013-01-22 - Author added Moran [HF121 Detail]
Download: Minnesota-2013-HF121-Introduced.html
1.2relating to campaign finance; adding requirements to lobbyists or principals
1.3related to model legislation; adding requirements to principals and public officials
1.4related to scholarship funds;amending Minnesota Statutes 2012, sections
1.510A.01, subdivisions 21, 33, by adding subdivisions; 10A.04, subdivision 6;
1.610A.09, subdivision 5.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 21, is amended to read:
1.9 Subd. 21. Lobbyist. (a) "Lobbyist" means an individual:
1.10(1) engaged for pay or other consideration of more than $3,000 from all sources in
1.11any year for the purpose of attempting to influence legislative or administrative action, or
1.12the official action of a metropolitan governmental unit, by communicating or urging others
1.13to communicate with public or local officials;or
1.14(2) who spends more than $250, not including the individual's own traveling
1.15expenses and membership dues, in any year for the purpose of attempting to influence
1.16legislative or administrative action, or the official action of a metropolitan governmental
1.17unit, by communicating or urging others to communicate with public or local officials; or
1.18(3) who attempts to influence legislative adoption of model legislation written or
1.19distributed by a principal.
1.20(b) "Lobbyist" does not include:
1.21(1) a public official;
1.22(2) an employee of the state, including an employee of any of the public higher
1.23education systems;
1.24(3) an elected local official;
2.1(4) a nonelected local official or an employee of a political subdivision acting in an
2.2official capacity, unless the nonelected official or employee of a political subdivision spends
2.3more than 50 hours in any month attempting to influence legislative or administrative
2.4action, or the official action of a metropolitan governmental unit other than the political
2.5subdivision employing the official or employee, by communicating or urging others to
2.6communicate with public or local officials, including time spent monitoring legislative or
2.7administrative action, or the official action of a metropolitan governmental unit, and related
2.8research, analysis, and compilation and dissemination of information relating to legislative
2.9or administrative policy in this state, or to the policies of metropolitan governmental units;
2.10(5) a party or the party's representative appearing in a proceeding before a state
2.11board, commission, or agency of the executive branch unless the board, commission,
2.12or agency is taking administrative action;
2.13(6) an individual while engaged in selling goods or services to be paid for by
2.14public funds;
2.15(7) a news medium or its employees or agents while engaged in the publishing or
2.16broadcasting of news items, editorial comments, or paid advertisements which directly
2.17or indirectly urge official action;
2.18(8) a paid expert witness whose testimony is requested by the body before which the
2.19witness is appearing, but only to the extent of preparing or delivering testimony; or
2.20(9) a party or the party's representative appearing to present a claim to the legislature
2.21and communicating to legislators only by the filing of a claim form and supporting
2.22documents and by appearing at public hearings on the claim.
2.23(c) An individual who volunteers personal time to work without pay or other
2.24consideration on a lobbying campaign, and who does not spend more than the limit in
2.25paragraph (a), clause (2), need not register as a lobbyist.
2.26(d) An individual who provides administrative support to a lobbyist and whose salary
2.27and administrative expenses attributable to lobbying activities are reported as lobbying
2.28expenses by the lobbyist, but who does not communicate or urge others to communicate
2.29with public or local officials, need not register as a lobbyist.
2.30 Sec. 2. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
2.31to read:
2.32 Subd. 25a. Model legislation. "Model legislation" means legislation written or
2.33distributed by a principal to public officials of more than one state.
2.34 Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 33, is amended to read:
3.1 Subd. 33. Principal. "Principal" means an individual or association that:
3.2(1) spends more than $500 in the aggregate in any calendar year to engage a lobbyist,
3.3compensate a lobbyist, or authorize the expenditure of money by a lobbyist;or
3.4(2) is not included in clause (1) and spends a total of at least $50,000 in any calendar
3.5year on efforts to influence legislative action, administrative action, or the official action
3.6of metropolitan governmental units, as described in section10A.04, subdivision 6 ; or
3.7(3) drafts, promotes, or distributes model legislation to any public official of this
3.8state with the purpose of influencing a public official to introduce the legislation or vote in
3.9favor of the legislation.
3.10 Sec. 4. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
3.11to read:
3.12 Subd. 35a. Scholarship funds. "Scholarship funds" means money or other financial
3.13support given by a principal to, or on behalf of, a public official to reimburse or pay for all
3.14or part of the costs of attending a conference, meeting, or event where model legislation
3.15will be presented, discussed, distributed, or made available.
3.16 Sec. 5. Minnesota Statutes 2012, section 10A.04, subdivision 6, is amended to read:
3.17 Subd. 6. Principal reports. (a) A principal must report to the board as required in
3.18this subdivision by March 15 for the preceding calendar year.
3.19(b) Except as provided in paragraph (d), the principal must report the total amount,
3.20rounded to the nearest $20,000, spent by the principal during the preceding calendar year
3.21to influence legislative action, administrative action, and the official action of metropolitan
3.22governmental units.
3.23(c) Except as provided in paragraph (d), the principal must report under this
3.24subdivision a total amount that includes:
3.25(1) all direct payments by the principal to lobbyists in this state;
3.26(2) all expenditures for advertising, mailing, research, analysis, compilation and
3.27dissemination of information, and public relations campaigns related to legislative action,
3.28administrative action, or the official action of metropolitan governmental units in this
3.29state; and
3.30(3) all salaries and administrative expenses attributable to activities of the principal
3.31relating to efforts to influence legislative action, administrative action, or the official
3.32action of metropolitan governmental units in this state.
3.33(d) A principal that must report spending to influence administrative action in cases
3.34of rate setting, power plant and powerline siting, and granting of certificates of need under
4.1section216B.243 must report those amounts as provided in this subdivision, except that
4.2they must be reported separately and not included in the totals required under paragraphs
4.3(b) and (c).
4.4(e) A principal that grants scholarship funds for a public official to attend a
4.5conference, meeting, or event must report:
4.6(1) the names of all public officials that received scholarship funds for attendance
4.7at the conference, meeting, or event; and
4.8(2) the names of any entity or individuals who contributed money towards
4.9scholarship funds; when possible, the report must identify the entities or individuals who
4.10contributed to each recipient's scholarship.
4.11 Sec. 6. Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:
4.12 Subd. 5. Form. A statement of economic interest required by this section must be
4.13on a form prescribed by the board. The individual filing must provide the following
4.14information:
4.15(1) name, address, occupation, and principal place of business;
4.16(2) the name of each associated business and the nature of that association;
4.17(3) a listing of all real property within the state, excluding homestead property, in
4.18which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer
4.19or seller, or an option to buy, whether direct or indirect, if the interest is valued in excess of
4.20$2,500; or (ii) an option to buy, if the property has a fair market value of $50,000 or more;
4.21(4) a listing of all real property within the state in which a partnership of which the
4.22individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as
4.23buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of
4.24the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property
4.25has a fair market value of $50,000 or more. A listing under clause (3) or (4) must indicate
4.26the street address and the municipality or the section, township, range and approximate
4.27acreage, whichever applies, and the county in which the property is located;and
4.28(5) a listing of any investments, ownership, or interests in property connected with
4.29pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
4.30the individual directly or indirectly holds a partial or full interest or an immediate family
4.31member holds a partial or full interest; and
4.32(6) a listing of all scholarship funds received, or paid on the individual's behalf, the
4.33amount of each scholarship, the granting entity, and the conference, meeting, or event for
4.34which the scholarship funds were granted.
1.3related to model legislation; adding requirements to principals and public officials
1.4related to scholarship funds;amending Minnesota Statutes 2012, sections
1.510A.01, subdivisions 21, 33, by adding subdivisions; 10A.04, subdivision 6;
1.610A.09, subdivision 5.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 21, is amended to read:
1.9 Subd. 21. Lobbyist. (a) "Lobbyist" means an individual:
1.10(1) engaged for pay or other consideration of more than $3,000 from all sources in
1.11any year for the purpose of attempting to influence legislative or administrative action, or
1.12the official action of a metropolitan governmental unit, by communicating or urging others
1.13to communicate with public or local officials;
1.14(2) who spends more than $250, not including the individual's own traveling
1.15expenses and membership dues, in any year for the purpose of attempting to influence
1.16legislative or administrative action, or the official action of a metropolitan governmental
1.17unit, by communicating or urging others to communicate with public or local officials; or
1.18(3) who attempts to influence legislative adoption of model legislation written or
1.19distributed by a principal.
1.20(b) "Lobbyist" does not include:
1.21(1) a public official;
1.22(2) an employee of the state, including an employee of any of the public higher
1.23education systems;
1.24(3) an elected local official;
2.1(4) a nonelected local official or an employee of a political subdivision acting in an
2.2official capacity, unless the nonelected official or employee of a political subdivision spends
2.3more than 50 hours in any month attempting to influence legislative or administrative
2.4action, or the official action of a metropolitan governmental unit other than the political
2.5subdivision employing the official or employee, by communicating or urging others to
2.6communicate with public or local officials, including time spent monitoring legislative or
2.7administrative action, or the official action of a metropolitan governmental unit, and related
2.8research, analysis, and compilation and dissemination of information relating to legislative
2.9or administrative policy in this state, or to the policies of metropolitan governmental units;
2.10(5) a party or the party's representative appearing in a proceeding before a state
2.11board, commission, or agency of the executive branch unless the board, commission,
2.12or agency is taking administrative action;
2.13(6) an individual while engaged in selling goods or services to be paid for by
2.14public funds;
2.15(7) a news medium or its employees or agents while engaged in the publishing or
2.16broadcasting of news items, editorial comments, or paid advertisements which directly
2.17or indirectly urge official action;
2.18(8) a paid expert witness whose testimony is requested by the body before which the
2.19witness is appearing, but only to the extent of preparing or delivering testimony; or
2.20(9) a party or the party's representative appearing to present a claim to the legislature
2.21and communicating to legislators only by the filing of a claim form and supporting
2.22documents and by appearing at public hearings on the claim.
2.23(c) An individual who volunteers personal time to work without pay or other
2.24consideration on a lobbying campaign, and who does not spend more than the limit in
2.25paragraph (a), clause (2), need not register as a lobbyist.
2.26(d) An individual who provides administrative support to a lobbyist and whose salary
2.27and administrative expenses attributable to lobbying activities are reported as lobbying
2.28expenses by the lobbyist, but who does not communicate or urge others to communicate
2.29with public or local officials, need not register as a lobbyist.
2.30 Sec. 2. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
2.31to read:
2.32 Subd. 25a. Model legislation. "Model legislation" means legislation written or
2.33distributed by a principal to public officials of more than one state.
2.34 Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 33, is amended to read:
3.1 Subd. 33. Principal. "Principal" means an individual or association that:
3.2(1) spends more than $500 in the aggregate in any calendar year to engage a lobbyist,
3.3compensate a lobbyist, or authorize the expenditure of money by a lobbyist;
3.4(2) is not included in clause (1) and spends a total of at least $50,000 in any calendar
3.5year on efforts to influence legislative action, administrative action, or the official action
3.6of metropolitan governmental units, as described in section
3.7(3) drafts, promotes, or distributes model legislation to any public official of this
3.8state with the purpose of influencing a public official to introduce the legislation or vote in
3.9favor of the legislation.
3.10 Sec. 4. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
3.11to read:
3.12 Subd. 35a. Scholarship funds. "Scholarship funds" means money or other financial
3.13support given by a principal to, or on behalf of, a public official to reimburse or pay for all
3.14or part of the costs of attending a conference, meeting, or event where model legislation
3.15will be presented, discussed, distributed, or made available.
3.16 Sec. 5. Minnesota Statutes 2012, section 10A.04, subdivision 6, is amended to read:
3.17 Subd. 6. Principal reports. (a) A principal must report to the board as required in
3.18this subdivision by March 15 for the preceding calendar year.
3.19(b) Except as provided in paragraph (d), the principal must report the total amount,
3.20rounded to the nearest $20,000, spent by the principal during the preceding calendar year
3.21to influence legislative action, administrative action, and the official action of metropolitan
3.22governmental units.
3.23(c) Except as provided in paragraph (d), the principal must report under this
3.24subdivision a total amount that includes:
3.25(1) all direct payments by the principal to lobbyists in this state;
3.26(2) all expenditures for advertising, mailing, research, analysis, compilation and
3.27dissemination of information, and public relations campaigns related to legislative action,
3.28administrative action, or the official action of metropolitan governmental units in this
3.29state; and
3.30(3) all salaries and administrative expenses attributable to activities of the principal
3.31relating to efforts to influence legislative action, administrative action, or the official
3.32action of metropolitan governmental units in this state.
3.33(d) A principal that must report spending to influence administrative action in cases
3.34of rate setting, power plant and powerline siting, and granting of certificates of need under
4.1section
4.2they must be reported separately and not included in the totals required under paragraphs
4.3(b) and (c).
4.4(e) A principal that grants scholarship funds for a public official to attend a
4.5conference, meeting, or event must report:
4.6(1) the names of all public officials that received scholarship funds for attendance
4.7at the conference, meeting, or event; and
4.8(2) the names of any entity or individuals who contributed money towards
4.9scholarship funds; when possible, the report must identify the entities or individuals who
4.10contributed to each recipient's scholarship.
4.11 Sec. 6. Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:
4.12 Subd. 5. Form. A statement of economic interest required by this section must be
4.13on a form prescribed by the board. The individual filing must provide the following
4.14information:
4.15(1) name, address, occupation, and principal place of business;
4.16(2) the name of each associated business and the nature of that association;
4.17(3) a listing of all real property within the state, excluding homestead property, in
4.18which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer
4.19or seller, or an option to buy, whether direct or indirect, if the interest is valued in excess of
4.20$2,500; or (ii) an option to buy, if the property has a fair market value of $50,000 or more;
4.21(4) a listing of all real property within the state in which a partnership of which the
4.22individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as
4.23buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of
4.24the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property
4.25has a fair market value of $50,000 or more. A listing under clause (3) or (4) must indicate
4.26the street address and the municipality or the section, township, range and approximate
4.27acreage, whichever applies, and the county in which the property is located;
4.28(5) a listing of any investments, ownership, or interests in property connected with
4.29pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
4.30the individual directly or indirectly holds a partial or full interest or an immediate family
4.31member holds a partial or full interest; and
4.32(6) a listing of all scholarship funds received, or paid on the individual's behalf, the
4.33amount of each scholarship, the granting entity, and the conference, meeting, or event for
4.34which the scholarship funds were granted.
