HF 136

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/17/2013 10:14am

A bill for an act
relating to public disclosure; expanding the definition of public official in
campaign finance and public disclosure law; providing clarifying changes;
amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.07;
10A.071, subdivision 1; 10A.08; 10A.09, subdivision 6a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State
High School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism;

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established
in section 97A.056;

(24) citizen member of the Clean Water Council established in section 114D.30; deleted text begin or
deleted text end

(25) member or chief executive of the Minnesota Sports Facilities Authority
established in section 473J.07 deleted text begin . deleted text end new text begin ;
new text end

new text begin (26) district court judge, appeals court judge, or supreme court justice; or
new text end

new text begin (27) county commissioner.
new text end

Sec. 2.

Minnesota Statutes 2012, section 10A.07, is amended to read:

10A.07 CONFLICTS OF INTEREST.

Subdivision 1.

Disclosure of potential conflicts.

A public official or a local
official elected to or appointed by a metropolitan governmental unit who in the discharge
of official duties would be required to take an action or make a decision that would
substantially affect the official's financial interests or those of an associated business,
unless the effect on the official is no greater than on other members of the official's
business classification, profession, or occupation, must take the following actions:

(1) prepare a written statement describing the matter requiring action or decision and
the nature of the potential conflict of interest;

(2) deliver copies of the statement to the official's immediate superior, if any; and

(3) if a member of the legislature or of the governing body of a metropolitan
governmental unit, deliver a copy of the statement to the presiding officer of the body
of service.

If a potential conflict of interest presents itself and there is insufficient time to
comply with clauses (1) to (3), the public or local official must orally inform the superior
or the official body of service or committee of the body of the potential conflict.

Subd. 2.

Required actions.

If the official is not a member of the legislature or of the
governing body of a metropolitan governmental unit, the superior must assign the matter,
if possible, to another employee who does not have a potential conflict of interest. If there
is no immediate superior, the official must abstain, if possible, in a manner prescribed by
the board from influence over the action or decision in question. If the official is a member
of the legislature, the house of service may, at the member's request, excuse the member
from taking part in the action or decision in question. If the official is not permitted or is
otherwise unable to abstain from action in connection with the matter, the official must
file a statement describing the potential conflict and the action taken. A public official
must file the statement with the board and a local official must file the statement with the
governing body of the official's political subdivision. The statement must be filed within a
week of the action taken.

Subd. 3.

Interest in contract; local officials.

This section does not apply to a local
official with respect to a matter governed by sections 471.87 and 471.88.

new text begin Subd. 4. new text end

new text begin Exception; judges. new text end

new text begin Notwithstanding subdivisions 1 and 2, a public official
who is a district court judge, an appeals court judge, or a Supreme Court justice is not
required to comply with the provisions of this section.
new text end

Sec. 3.

Minnesota Statutes 2012, section 10A.071, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or
forgiveness of indebtedness, or a promise of future employment, that is given and received
without the giver receiving consideration of equal or greater value in return.

(c) "Official" means a public official, an employee of the legislature, deleted text begin a judge, deleted text end or a
local official of a metropolitan governmental unit.

Sec. 4.

Minnesota Statutes 2012, section 10A.08, is amended to read:

10A.08 REPRESENTATION DISCLOSURE.

new text begin Subdivision 1. new text end

new text begin Disclosure required. new text end

A public official who represents a client for a
fee before an individual, board, commission, or agency that has rulemaking authority in a
hearing conducted under chapter 14, must disclose the official's participation in the action
to the board within 14 days after the appearance. If the public official fails to disclose the
participation within ten business days after the disclosure required by this section was due,
the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the
11th day after the disclosure was due. The board must send notice by certified mail to a
public official who fails to disclose the participation within ten business days after the
disclosure was due that the public official may be subject to a civil penalty for failure to
disclose the participation. A public official who fails to disclose the participation within
seven days after the certified mail notice was sent by the board is subject to a civil penalty
imposed by the board of up to $1,000.

new text begin Subd. 2. new text end

new text begin Exception; judges. new text end

new text begin Notwithstanding subdivision 1, a public official who is
a district court judge, an appeals court judge, or a Supreme Court justice is not required to
comply with the provisions of this section.
new text end

Sec. 5.

Minnesota Statutes 2012, section 10A.09, subdivision 6a, is amended to read:

Subd. 6a.

deleted text begin Local officials deleted text end new text begin Place of filing new text end .

new text begin A public official required to file a
statement under this section must file it with the board. new text end A local official required to file a
statement under this section must file it with the governing body of the official's political
subdivision. The governing body must maintain statements filed with it under this
subdivision as public data. new text begin If an official position is defined as both a public official and as
a local official of a metropolitan governmental unit under this chapter, the official must
file the statement with the board.
new text end

Sec. 6.

Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Waivers. new text end

new text begin Upon written request and for good cause shown, the board may
waive the requirement that an official disclose the address of real property that constitutes
a secondary residence of the official.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective January 1, 2014, and apply to public officials elected or
appointed to terms of office commencing on or after that date.
new text end