Minnesota Legislature
SF 822
as introduced - 88th Legislature (2013 - 2014) Posted on 03/01/2013 08:58am
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A bill for an act
relating to openness in government; requiring conference committee and budget
negotiations to be open to the public; requiring additional disclosure of economic
interests of public officials; prohibiting former legislators, constitutional officers,
and agency heads from lobbying for two years after leaving office; requiring
additional disclosure of lobbying and lobbyist contributions; requiring certain
reports of lobbying activity; amending Minnesota Statutes 2012, sections 3.055,
subdivision 1; 10A.01, subdivision 5; 10A.04, subdivisions 4, 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 2012, 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 section, 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 negotiations between senate and house of representatives members of the conference
committee or senate and house of representatives staff members related to the conference
committee or the bill referred to the conference committee must be open to the public.
new text end
new text begin
(c) A meeting between the majority leader of the senate and the speaker of the
house or the majority leader of the house of representatives to negotiate budget targets or
formally negotiate the state budget must be open to the public.
new text end
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(d) A meeting with the governor to negotiate budget targets or formally negotiate
the state budget must be open to the public if the meeting includes any of the following
members of the legislature:
new text end
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(1) the majority leader of the senate;
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(2) the speaker of the house or majority leader of the house of representatives; or
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(3) the minority leader of either the senate or house of representatives.
new text end
new text begin (e)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 2012, section 10A.01, subdivision 5, is amended to read:
Subd. 5.
Associated business.
new text begin (a) new text end "Associated business" means deleted text begin andeleted text end new text begin a person
ornew text end association, corporation, partnership, limited liability company, limited liability
partnership, or other organized legal entity from which the individual receives
compensation in excess of $50, except for actual and reasonable expenses, in any month
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
(b) Associated business also means a lobbyist, principal, or interested person by
whom the individual is compensated in excess of $200 per year, except for actual and
reasonable expenses, for providing services as an independent contractor or consultant.
If an individual is compensated by a person or association for providing services to a
lobbyist, principal, or interested person, associated business includes both the person or
association that pays the compensation and the lobbyist, principal, or interested person to
whom the services are provided.
new text end
new text begin
(c) "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:
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(1) member of the legislature;
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(2) constitutional officer; or
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(3) commissioner, deputy commissioner, assistant commissioner, or head of any
state department or agency.
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Sec. 4.
Minnesota Statutes 2012, 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.
new text begin
(b) 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
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(c) A lobbyist must report the unitemized total amount of all income from the
principal for lobbying activities on behalf of the principal, rounded to the nearest $10,000.
The unitemized 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
deleted text begin (b)deleted 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 employeedeleted text end new text begin at the directionnew text end of the lobbyist. The list
must include the name and address of each official to whom the gift, item, deleted text begin ordeleted 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
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(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 2012, 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) Except as provided in paragraph (d), 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) Except as provided in paragraph (d), 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.
(d) A principal that must report spending to influence administrative action in cases
of rate setting, power plant and powerline siting, and granting of certificates of need under
section 216B.243 must report those amounts as provided in this subdivision, except that
they must be reported separately and not included in the totals required under paragraphs
(b) and (c).
Sec. 6. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 5 are effective the day following final enactment.
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