State and local lobbying activity study and report to the legislature

Overview

In 2024 the legislature directed the Campaign Finance and Public Disclosure Board to study and make recommendations regarding whether Minnesota law does or should distinguish between activities that constitute lobbying of a public official and activities that constitute lobbying of a local official. The study requirement appears within 2024 Minnesota Laws, chapter 112, article 4, section 27, which states as follows:

Sec. 27. STATE AND LOCAL LOBBYING ACTIVITY; STUDY REQUIRED; REGISTRATION REQUIREMENTS STAYED.

(a) The Campaign Finance and Public Disclosure Board must study and make recommendations to the legislature on the definitions of "lobbyist," "local official," "public official," and "official action of a political subdivision" for purposes of Minnesota Statutes, chapter 10A. The study and recommendations must focus on whether the law does or should distinguish between activities that constitute lobbying of a public official and activities that constitute lobbying of a local official. If the study determines that a distinction between these activities is appropriate and is not adequately articulated within current law, then the board must recommend options for the legislature to consider in adopting that distinction by law. The board must submit a report describing the study, its results, and any associated recommendations from the board to the chairs and ranking minority members of the legislative committees with jurisdiction over campaign finance and lobbyist registration policy no later than January 15, 2025.

(b) Registration requirements under Minnesota Statutes, section 10A.03, for an individual attempting to influence the official action of a political subdivision that is not a metropolitan governmental unit are stayed until June 1, 2025. An individual who attempts to influence the official action of a "metropolitan governmental unit," as defined in Minnesota Statutes, chapter 10A, must comply with the registration and reporting requirements in Minnesota Statutes, sections 10A.03 and 10A.04. A lobbyist principal that is represented by a lobbyist who attempts to influence the official action of a metropolitan governmental unit must comply with the reporting requirement in Minnesota Statutes, section 10A.04.

EFFECTIVE DATE. This section is effective the day following final enactment.

The Board recognizes the importance of hearing opinions and suggestions on this issue from the lobbyist community, representatives of political subdivisions, and organizations that are concerned about transparency and good governance. Please contact Jeff Sigurdson at (651) 539-1189 or by email at jeff.sigurdson@state.mn.us with any comments or questions regarding the study and report to the legislature.

October 25, 2024 public hearing

A public hearing will be held on 9:00 AM on Friday, October 25, 2024, to receive additional testimony regarding whether Minnesota law does or should distinguish between activities that constitute lobbying of a public official and activities that constitute lobbying of a local official. The hearing will be held in the Minnesota Senate Office Building, Hearing Room 1200, 95 University Ave W, St. Paul, MN. Anyone interested may attend in person, or join the hearing remotely via Webex by clicking this link or by calling either of the following phone numbers: 415-655-0003 or 855-282-6330 (toll free) and then entering meeting access code 2499 320 8682. Those wishing to join the hearing remotely may join up to 15 minutes prior to the scheduled start time.

If you would like to provide testimony at the hearing, please email Jeff Sigurdson at jeff.sigurdson@state.mn.us to be added to the list of presenters. Testimony may be provided via Webex. Written comments are also welcome. Please note that all comments received are public documents. At the hearing Board staff will present information on how other states regulate lobbying of local government, and will also have information on the ideas and positions presented at the first public hearing held in August.

August 19, 2024 public hearing

A public hearing was held on August 19, 2024, to receive testimony regarding whether Minnesota law does or should distinguish between activities that constitute lobbying of a public official and activities that constitute lobbying of a local official.

Written comments

Minnesota Association of Townships (MAT)

Scott County Association for Leadership and Efficiency (SCALE)

Minnesota State Bar Association (MSBA)

Greater Minnesota Partnership (GMNP)

Minnesota Governmental Relations Council (MGRC)

American Council of Engineering Companies of Minnesota (ACEC/MN) and American Institute of Architects Minnesota (AIA Minnesota)

Public hearing video

Video of August 19, 2024 public hearing