HF4077

Municipalities prohibited from entering into nondisclosure agreements or contracts that restrict the municipality from disclosing information about projects using public funding.
Legislative Session 94 (2025-2026)

Related bill: SF4379

AI Generated Summary

Purpose

The bill would restrict how municipalities in Minnesota use nondisclosure agreements. It aims to make government information more open by preventing a municipality from secretly restricting what it can share with the public, except where disclosure is limited by state or federal law.

Key Definitions

Municipality: includes counties, cities (home rule charter or statutory), towns, and any person acting in an official capacity for the municipality (employee, elected official, appointed official, or other representative).

Main Provisions

Prohibition on NDAs: A municipality must not enter into a nondisclosure agreement or any contract that restricts the municipality from disclosing information to members of the public, except as required by state or federal law.
Void and unenforceable: Any agreement or contract provision that violates this prohibition is void and unenforceable.
Severability: If a contract contains a void provision, that portion must be severed, and the remaining provisions of the contract stay in effect.
Public disclosure: A municipality must publicly disclose any contract or agreement that violates the prohibition.

Effects on Law and Practice

Change to existing practice: The bill creates a clear rule that municipalities cannot shelter their information behind nondisclosure agreements, bolstering transparency.
Transparency requirement: When a municipality enters into a contract that would violate the prohibition, it must make that contract publicly available.
Limited exceptions: The rule only allows disclosure restrictions that align with state or federal law.

Practical Impact

Public access: Residents and media would have easier access to contracts and related information involving local government.
Accountability: Officials and agencies would face greater accountability for information-sharing decisions.

Significant Changes to Law

Adds a prohibition to Minnesota Statutes chapter 471.3435 prohibiting municipalities from using nondisclosure agreements to limit disclosure to the public.
Establishes that any conflicting contract provisions are void, unenforceable, and severable.
Introduces a mandatory public disclosure requirement for contracts that violate the prohibition.

Relevant terms - nondisclosure agreements - municipality - contract - disclose - information - public - void and unenforceable - severed - publicly disclose - Minnesota Statutes chapter 471 - county - home rule charter - statutory city - town - employee - elected official - appointed official - representative - state or federal law

Bill text versions

Introduction PDF PDF file
1st Engrossment PDF PDF file

Past committee meetings

Elections Finance and Government Operations on: March 11, 2026 13:00
Judiciary Finance and Civil Law on: April 09, 2026 10:15

Actions

Date	Chamber	Type	Name	Committee Name
March 09, 2026	House	Action	Introduction and first reading, referred to	Elections Finance and Government Operations
March 12, 2026	House	Action	Authors added
March 16, 2026	House	Action	Committee report, to adopt as amended
March 16, 2026	House	Action	Second reading
March 16, 2026	House	Action	Authors added
March 18, 2026	House	Action	Authors added
March 23, 2026	House	Action	Authors added
March 23, 2026	House	Action	Motion to re-refer	Judiciary Finance and Civil Law
March 23, 2026	House	Action	Motion prevailed
March 25, 2026	House	Action	Author added

Citations

[
  {
    "analysis": {
      "added": [
        "New section 471.3435 establishing restrictions on nondisclosure agreements by municipalities.",
        "Definition of 'municipality' to include counties, home rule charter or statutory cities or towns, and individuals acting in official or representative capacities.",
        "Prohibition on entering into nondisclosure agreements or contracts that restrict disclosure to members of the public except as required by state or federal law.",
        "Provision that any contract or term violating the prohibition is void and unenforceable.",
        "Requirement to sever void provisions from contracts to the extent they are void and unenforceable, without affecting other provisions.",
        "Mandate that municipalities publicly disclose any contract or agreement that violates the prohibition."
      ],
      "removed": [],
      "summary": "This bill would enact a new section within Minnesota Statutes chapter 471 restricting nondisclosure agreements by municipalities. It defines 'municipality' for the section and imposes prohibitions and remedies related to NDAs and contracts that would restrict disclosure to the public, including severability and required public disclosure.",
      "modified": []
    },
    "citation": "471",
    "subdivision": "Subd.1; Subd.2"
  }
]

Progress through the legislative process

17%

In Committee