Minnesota Legislature
HF 2958
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/28/2006 |
Current Version - as introduced
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A bill for an act
relating to lobbying; increasing the public's right to know how lobbyists are
influencing the legislative process; requiring certain conference committee
communications to be open to the public; requiring disclosure of economic
interests of independent contractors and consultants; changing certain definitions;
prohibiting former legislators, constitutional officers, agency heads, and certain
legislative employees from lobbying for legislative or administrative action for
two years after leaving office; requiring disclosure of the costs of lobbying;
requiring certain reports of lobbying activity; prohibiting contributions from
lobbyists to candidates who have signed a spending limit agreement; amending
Minnesota Statutes 2004, sections 3.055, subdivision 1; 10A.04, subdivision 4;
10A.27, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections
10A.01, subdivision 5; 10A.04, subdivision 6; proposing coding for new law
in Minnesota Statutes, chapter 10A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 3.055, subdivision 1, is amended to read:
Subdivision 1.
Meetings to be open.
new text begin (a) new text end Meetings of the legislature shall be open
to the public, including sessions of the senate, sessions of the house of representatives,
joint sessions of the senate and the house of representatives, and meetings of a standing
committee, committee division, subcommittee, conference committee, or legislative
commission, but not including a caucus of the members of any of those bodies from the
same house and political party nor a delegation of legislators representing a geographic
area or political subdivision. For purposes of this deleted text begin sectiondeleted text end new text begin paragraphnew text end , a meeting occurs
when a quorum is present and action is taken regarding a matter within the jurisdiction of
the body.
new text begin
(b) In addition to the openness requirements imposed on conference committees by
paragraph (a), from the time a conference committee is appointed until it is disbanded, any
communication between senate and house members of the conference committee or senate
and house staff members assigned to the conference committee that includes discussions
relating to the conference committee or the bill referred to the conference committee must
be open to the public. This paragraph does not apply, however, to:
new text end
new text begin
(1) communication limited to the sole purpose of arranging conference committee
meeting times and schedules; or
new text end
new text begin
(2) communication between or a meeting of legislative staff members to prepare or
revise bill drafts or to answer questions or provide clarification on a proposal that has been
put forward in an open meeting so long as the staff communication or meeting does not
involve making a new offer from one house to the other.
new text end
new text begin (c) new text end Each house shall provide by rule for posting notices of meetings, recording
proceedings, and making the recordings and votes available to the public.
Sec. 2.
Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 5, is
amended to read:
Subd. 5.
Associated business.
new text begin (a) new text end "Associated business" means an association,
corporation, partnership, limited liability company, limited liability partnership, or other
organized legal entity from which the individual receives compensation in excess of
deleted text begin $50deleted text end new text begin $500 in a yearnew text end , except for actual and reasonable expenses, deleted text begin in any monthdeleted text end as a director,
officer, owner, member, partner, employer or employee, or whose securities the individual
holds worth $2,500 or more at fair market value.
new text begin
"Associated business" also means a lobbyist, principal, or interested person by
whom the individual is compensated in excess of $500 in a year, except for actual and
reasonable expenses, for providing services to the lobbyist, principal, or interested
person as an independent contractor or consultant. If an individual is compensated by
an association for providing services to a lobbyist, principal, or interested person as an
independent contractor or consultant, "associated business" includes both the association
that pays the compensation and the lobbyist, principal, or interested person to whom
the services are provided.
new text end
new text begin
(b) "Interested person" means a person or a representative of a person or association
that has a direct financial interest in a decision that the individual receiving the
compensation is authorized to make as a public or local official or will be authorized to
make upon becoming a public or local official. To be direct, the financial interest of
the person or association paying the compensation to the individual must be of greater
consequence to the payer than the general interest of other residents or taxpayers of the
individual's governmental unit.
new text end
Sec. 3.
new text begin [10A.035] LOBBYING RESTRICTION.
new text end
new text begin An individual may not act as a lobbyist who attempts to influence legislative or
administrative action for two years after leaving one of the following offices or positions:
new text end
new text begin (1) member of the legislature;
new text end
new text begin (2) constitutional officer; or
new text end
new text begin (3) commissioner, deputy commissioner, or head of any state department or agency.
new text end
Sec. 4.
Minnesota Statutes 2004, section 10A.04, subdivision 4, is amended to read:
Subd. 4.
Content.
(a) A report under this section must include information the
board requires from the registration form and the information required by this subdivision
for the reporting period.
(b) new text begin A lobbyist must report a general description of the subject or subjects on which
the lobbyist lobbied on behalf of each principal.
new text end
new text begin (c) A lobbyist must report the unitemized total amount of all income from the
principal for lobbying activities on behalf of the principal. The total must include amounts
paid to cover the lobbyist's salary and administrative expenses. The report must include
any payments to the lobbyist by any other person for lobbying activities on behalf of
the principal.
new text end
new text begin (d) new text end A lobbyist must report the lobbyist's total disbursements on lobbying, separately
listing lobbying to influence legislative action, lobbying to influence administrative action,
and lobbying to influence the official actions of a metropolitan governmental unit, and a
breakdown of disbursements for each of those kinds of lobbying into categories specified
by the board, including but not limited to the cost of publication and distribution of each
publication used in lobbying; other printing; media, including the cost of production;
postage; travel; fees, including allowances; entertainment; telephone and telegraph; and
other expenses.
deleted text begin (c) deleted text end new text begin (e) new text end A lobbyist must report the amount and nature of each gift, item, or benefitdeleted text begin ,
excluding contributions to a candidate,deleted text end equal in value to $5 or more, new text begin and each contribution
to a candidate, new text end given or paid to any official, as defined in section 10A.071, subdivision
1, by the lobbyist or deleted text begin an employer or employee deleted text end new text begin at the direction new text end of the lobbyist. The list
must include the name and address of each official to whom the gift, item, deleted text begin or deleted text end benefitnew text begin , or
contributionnew text end was given or paid and the date it was given or paid.
deleted text begin (d) deleted text end new text begin (f) new text end A lobbyist must report each original source of money in excess of $500 in
any year used for the purpose of lobbying to influence legislative action, administrative
action, or the official action of a metropolitan governmental unit. The list must include the
name, address, and employer, or, if self-employed, the occupation and principal place of
business, of each payer of money in excess of $500.
deleted text begin (e) On the report due June 15, the lobbyist must provide a general description of the
subjects lobbied in the previous 12 months.
deleted text end
new text begin
(g) A lobbyist must report the amount and date of each contribution given by the
lobbyist to a party organization within a house of the legislature.
new text end
Sec. 5.
Minnesota Statutes 2005 Supplement, section 10A.04, subdivision 6, is
amended to read:
Subd. 6.
Principal reports.
(a) A principal must report to the board as required in
this subdivision by March 15 for the preceding calendar year.
(b) The principal must report the total amountdeleted text begin , rounded to the nearest $20,000,deleted text end
spent by the principal during the preceding calendar year to influence legislative action,
new text begin the total amount spent by the principal during the preceding calendar year to influence
new text end administrative action, and new text begin the total amount spent by the principal during the preceding
calendar year to influence new text end the official action of metropolitan governmental units.
(c) The principal must report under this subdivision a total amount that includes:
(1) all direct payments by the principal to lobbyists in this state;
(2) all expenditures for advertising, mailing, research, analysis, compilation and
dissemination of information, and public relations campaigns related to legislative action,
administrative action, or the official action of metropolitan governmental units in this
state; and
(3) all salaries and administrative expenses attributable to activities of the principal
new text begin or a lobbyist engaged by the principal new text end relating to efforts new text begin on behalf of the principal new text end to
influence legislative action, administrative action, or the official action of metropolitan
governmental units in this state.
Sec. 6.
Minnesota Statutes 2004, section 10A.27, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Limit on candidates who agree to spending limit. new text end
new text begin
A candidate who has
signed a spending limit agreement under section 10A.322 must not permit the candidate's
principal campaign committee to accept a contribution made or delivered by a lobbyist.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 6 are effective the day following final enactment.
new text end