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HF 1277

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 05:50pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to local government; prohibiting political subdivisions from spending
public money for lobbying; proposing coding for new law in Minnesota Statutes,
chapter 10A; repealing Minnesota Statutes 2020, section 6.76.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [10A.101] POLITICAL SUBDIVISION LOBBYING PROHIBITED;
LOCAL GOVERNMENT ASSOCIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to political subdivisions as defined
in section 10A.01, subdivision 31.
new text end

new text begin Subd. 2. new text end

new text begin No public money spent on lobbying. new text end

new text begin The governing body of a political
subdivision may not spend public money to directly or indirectly influence or attempt to
influence the outcome of any legislation pending before the legislature.
new text end

new text begin Subd. 3. new text end

new text begin Public officers and employees; communications with
legislature.
new text end

new text begin Notwithstanding subdivision 2, an officer or employee of a political subdivision
may:
new text end

new text begin (1) provide information for a member of the legislature or appear before a legislative
committee at the request of the committee or a member of the legislature; and
new text end

new text begin (2) advocate for or against or otherwise influence or attempt to influence the outcome
of legislation pending before the legislature while acting as an officer of the political
subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Local government association membership. new text end

new text begin The governing body of a political
subdivision may spend, in the name of the political subdivision, money for membership
fees and dues of a local government association if:
new text end

new text begin (1) the local government association, an employee of the local government association,
or a person acting on behalf of the local government association does not directly or indirectly
influence or attempt to influence the outcome of any legislation pending before the
legislature; and
new text end

new text begin (2) the local government association does not directly or indirectly contribute any money
or services to a political campaign or endorse a candidate or group of candidates for public
office.
new text end

new text begin Subd. 5. new text end

new text begin Prohibited activity; injunctive relief. new text end

new text begin (a) If a political subdivision spends
public money in violation of subdivision 2, or if a political subdivision pays dues to a local
government association that engages in activity prohibited under subdivision 4, a taxpayer
or resident of the political subdivision may apply for an injunction in the district court where
the political subdivision is located to prevent any further spending of public money in
violation of subdivision 2 or any further payments of fees and dues to a local government
association engaged in activity prohibited under subdivision 4.
new text end

new text begin (b) A taxpayer or resident who prevails in an action under paragraph (a) is entitled to
recover from the political subdivision the taxpayer's or resident's reasonable attorneys' fees
and costs incurred in bringing the action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 6.76, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-02457

6.76 POLITICAL SUBDIVISION EXPENDITURES FOR LOBBYISTS.

(a) On or before January 31 of each year, all political subdivisions shall report to the state auditor, on forms prescribed by the auditor, their estimated expenditures paid for the previous calendar year to a lobbyist as defined in section 10A.01, subdivision 21, except payments to associations of political subdivisions that are reported under paragraph (b), and to any staff person not registered as a lobbyist, over 25 percent of whose time is spent during the legislative session on legislative matters.

(b) Associations of political subdivisions subject to this section shall report annually, on or before January 31, to the state auditor and the association's members the proportionate amount of each member's dues spent for lobbying purposes.

(c) For purposes of this section, "political subdivision" has the meaning given in section 6.465, but also includes a metropolitan or regional agency or a public corporation audited by the legislative auditor.