1.1Senator Westlin moved to amend
S.F. No. 3045 as follows (...):
1.2Page 107, after line 2, insert:
1.3"
(7) a finance professional subject to Security Exchange Commission regulation who
1.4works with a registered lobbyist and a principal to the extent the finance professional
is
1.5participating in conduit financing through a political subdivision;"
1.6Renumber the clauses in sequence
1.7Page 107, after line 23, insert:
1.8 "Sec. 8. Minnesota Statutes 2024, section 10A.01, subdivision 22, is amended to read:
1.9 Subd. 22.
Local official. "Local official" means a person who holds elective office in a
1.10political subdivision or who is appointed to or employed in a public position in a
political
1.11subdivision in which the person has
:
1.12(1) the authority to make
, to recommend, major decisions regarding the expenditure or
1.13investment of public money;
1.14(2) the responsibility make recommendations to a chief executive or the governing
body
1.15about major decisions regarding the expenditure or investment of public money; or
1.16(3) the authority to vote
on as a member of the governing body
, on major decisions
1.17regarding the expenditure or investment of public money."
1.18Page 110, after line 11, insert:
1.19 "Sec. 11. Minnesota Statutes 2024, section 10A.01, subdivision 26b, is amended to read:
1.20 Subd. 26b.
Official action of a political subdivision. "Official action of a political
1.21subdivision" means
:
1.22(1) any action that requires a vote or approval by one or more elected local officials
1.23while acting in their official capacity; or
1.24(2) an action by an appointed or employed local official
to make, to recommend, or to
1.25vote on as a member of the governing body, if the official has:
1.26(i) the authority to make major decisions regarding the expenditure or investment
of
1.27public money;
1.28(ii) the responsibility make recommendations to a chief executive or the governing
body
1.29about major decisions regarding the expenditure or investment of public money; or
2.1(iii) the authority to vote as a member of the governing body on major decisions regarding
2.2the expenditure or investment of public money."
2.3Page 113, delete lines 10 to 16 and insert:
2.4"
(j) A lobbyist must report each expert witness that the lobbyist requested to communicate
2.5with public or local officials as described in section 10A.01, subdivision 21, paragraph
(b),
2.6clause (8), and each finance professional who participated in conduit financing as
described
2.7in section 10A.01, subdivision 21, paragraph (b), clause (7). The lobbyist must report
the
2.8name of the expert witness or finance professional; the employer, if any, of the expert
witness
2.9or finance professional; the government entity that received the communication from
the
2.10expert witness or finance professional; and the specific subject on which the expert
witness
2.11or finance professional communicated. The designated lobbyist must also report this
2.12information if the expert witness or finance professional is requested to communicate
by
2.13the principal or association that the lobbyist represents."
2.14Page 113, before line 17, insert:
2.15 "Sec. 14. Minnesota Statutes 2024, section 10A.04, subdivision 6, is amended to read:
2.16 Subd. 6.
Principal reports. (a) A principal must report to the board as required in this
2.17subdivision by March 15 for the preceding calendar year.
2.18(b) The principal must report the total amount, rounded to the nearest $5,000, spent
by
2.19the principal during the preceding calendar year on each type of lobbying listed below:
2.20(1) lobbying to influence legislative action;
2.21(2) lobbying to influence administrative action, other than lobbying described in
clause
2.22(3);
2.23(3) lobbying to influence administrative action in cases of rate setting, power plant
and
2.24powerline siting, and granting of certificates of need under section
216B.243; and
2.25(4) lobbying to influence official action of a political subdivision.
2.26(c) For each type of lobbying listed in paragraph (b), the principal must report a
total
2.27amount that includes:
2.28(1) the portion of all direct payments for compensation and benefits paid by the principal
2.29to lobbyists in this state for that type of lobbying;
2.30(2) the portion of all expenditures for advertising, mailing, research, consulting,
surveys,
2.31expert testimony,
financial professionals, studies, reports, analysis, compilation and
3.1dissemination of information, communications and staff costs used for the purpose
of urging
3.2members of the public to contact public or local officials to influence official actions,
social
3.3media and public relations campaigns, and legal counsel used to support that type
of lobbying
3.4in this state; and
3.5(3) a reasonable good faith estimate of the portion of all salaries and administrative
3.6overhead expenses attributable to activities of the principal for that type of lobbying
in this
3.7state.
3.8(d) The principal must report disbursements made and obligations incurred that exceed
3.9$2,000 for paid advertising used for the purpose of urging members of the public to
contact
3.10public or local officials to influence official actions during the reporting period.
Paid
3.11advertising includes the cost to boost the distribution of an advertisement on social
media.
3.12The report must provide the date that the advertising was purchased, the name and
address
3.13of the vendor, a description of the advertising purchased, and any specific subjects
of interest
3.14addressed by the advertisement.
3.15 Sec. 15. Minnesota Statutes 2024, section 10A.06, is amended to read:
3.1610A.06 CONTINGENT FEES PROHIBITED.
3.17(a) No person may act as or employ a lobbyist for compensation that is dependent upon
3.18the result or outcome of any legislative or administrative action, or of the official
action of
3.19a political subdivision.
3.20(b) This section does not apply to an attorney or financial professional to the extent
that
3.21the attorney or financial adviser is participating in conduit financing through a
political
3.22subdivision.
3.23(c) A person who violates this section is guilty of a gross misdemeanor."
3.24Page 114, line 25, delete "
by" and insert "
of"
3.25Page 116, delete lines 3 to 5 and insert:
3.26"
(2) within 60 days of accepting employment by a charter school in a position in which
3.27the person has:
3.28(i) the authority to make major decisions regarding the expenditure or investment
of
3.29public money;
3.30(ii) the responsibility make recommendations to a chief executive or the governing
body
3.31about major decisions regarding the expenditure or investment of public money; or
4.1(iii) the authority to vote as a member of the governing body on major decisions regarding
4.2the expenditure or investment of public money;"
4.3Page 127, delete lines 25 to 27 and insert:
4.4"
Attempting to influence a nonelected local official is lobbying if the nonelected
local
4.5official has:
4.6(1) the authority to make major decisions regarding the expenditure or investment
of
4.7public money;
4.8(2) the responsibility make recommendations to a chief executive or the governing
body
4.9about major decisions regarding the expenditure or investment of public money; or
4.10(3) the authority to vote as a member of the governing body on major decisions regarding
4.11the expenditure or investment of public money."
4.12Renumber the sections in sequence and correct the internal references
4.13Amend the title accordingly
4.14The motion prevailed. #did not prevail. So the amendment was #not adopted.