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HF 2394

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 02:12pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to campaign finance; modifying certain economic interest statement
provisions; amending Minnesota Statutes 2022, sections 10A.01, subdivision 5;
10A.09, subdivision 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 10A.01, subdivision 5, is amended to read:


Subd. 5.

Associated business.

"Associated business" means an association, corporation,
partnership, limited liability company, limited liability partnership, or other organized legal
entity from which the individualnew text begin or the individual's spousenew text end receives compensation in excess
of $250, except for actual and reasonable expenses, in any month new text begin during the reporting period
new text end as a director, officer, owner, member, partner, employer or employee, or whose securities
the individualnew text begin or the individual's spousenew text end holds worth more than $10,000 at fair market value.

Sec. 2.

Minnesota Statutes 2022, section 10A.09, subdivision 5, is amended to read:


Subd. 5.

Form; general requirements.

(a) A statement of economic interest required
by this section must be on a form prescribed by the board. new text begin Except as provided in subdivision
5b,
new text end the individual filing must provide the following information:

(1) new text begin the individual's new text end name, address, occupation, and principal place of business;

(2) new text begin a listing of new text end the name of each associated business and the nature of that association;

(3) a listing of all real property within the state, excluding homestead property, in which
the individual new text begin or the individual's spouse new text end holds: (i) a fee simple interest, a mortgage, a contract
for deed as buyer or seller, or an option to buy, whether direct or indirect, if the interest is
valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value
of more than $50,000;

(4) a listing of all real property within the state in which a partnership of which the
individual new text begin or the individual's spouse new text end is a member holds: (i) a fee simple interest, a mortgage,
a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the
individual's share of the partnership interest is valued in excess of $2,500; or (ii) an option
to buy, if the property has a fair market value of more than $50,000. A listing under this
clause or clause (3) must indicate the street address and the municipality or the section,
township, range and approximate acreage, whichever applies, and the county in which the
property is located;

(5) a listing of any investments, ownership, or interests in property connected with
pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
the individual directly or indirectly holds a partial or full interest or an immediate family
member holds a partial or full interest;

(6) a listing of the principal business or professional activity category of each business
from which the individual new text begin or the individual's spouse new text end receives more than $250 in any month
during the reporting period as an employee, if the individual new text begin or the individual's spouse new text end has
an ownership interest of 25 percent or more in the business;

(7) a listing of each principal business or professional activity category from which the
individual new text begin or the individual's spouse new text end received compensation of more than $2,500 in the past
12 months as an independent contractor; deleted text begin and
deleted text end

(8) a listing of the full name of each security with a value of more than $10,000 owned
in part or in full by the individualnew text begin or the individual's spousenew text end , at any time during the reporting
perioddeleted text begin .deleted text end new text begin ; and
new text end

new text begin (9) a listing of any contract, professional license, lease, or franchise that:
new text end

new text begin (i) is held by the individual or the individual's spouse or any business in which the
individual has an ownership interest of 25 percent or more; and
new text end

new text begin (ii) is entered into with, or issued by, the government agency on which the individual
serves as a public or local official.
new text end

(b) The business or professional categories for purposes of paragraph (a), clauses (6)
and (7), must be the general topic headings used by the federal Internal Revenue Service
for purposes of reporting self-employment income on Schedule C. This paragraph does not
require an individual to report any specific code number from that schedule. Any additional
principal business or professional activity category may only be adopted if the category is
enacted by law.

(c) For the purpose of calculating the amount of compensation received from any single
source in a single month, the amount shall include the total amount received from the source
during the month, whether or not the amount covers compensation for more than one month.

(d) For the purpose of determining the value of an individual's interest in real property,
the value of the property is the market value shown on the property tax statement.

(e) For the purpose of this section, "date of appointment" means the effective date of
appointment to a position.

(f) For the purpose of this section, "accepting employment as a public official" means
the effective date of the appointment to the position, as stated in the appointing authority's
notice to the board.

new text begin (g) The listings required in paragraph (a), clauses (3) to (9), must not identify whether
the individual or the individual's spouse is associated with or owns the listed item.
new text end

Sec. 3.

Minnesota Statutes 2022, section 10A.09, is amended by adding a subdivision to
read:


new text begin Subd. 5b. new text end

new text begin Form; exceptions for certain officials. new text end

new text begin (a) This subdivision applies to the
following individuals:
new text end

new text begin (1) a supervisor of a soil and water conservation district;
new text end

new text begin (2) a manager of a watershed district; and
new text end

new text begin (3) a member of a watershed management organization as defined under section
103B.205, subdivision 13.
new text end

new text begin (b) Notwithstanding subdivision 5, paragraph (a), an individual listed in paragraph (a),
must provide only the information listed below on a statement of economic interest:
new text end

new text begin (1) the individual's name, address, occupation, and principal place of business;
new text end

new text begin (2) a listing of any association, corporation, partnership, limited liability company,
limited liability partnership, or other organized legal entity from which the individual
receives compensation in excess of $250, except for actual and reasonable expenses, in any
month during the reporting period as a director, officer, owner, member, partner, employer,
or employee;
new text end

new text begin (3) a listing of all real property within the state, excluding homestead property, in which
the individual or the individual's spouse holds:
new text end

new text begin (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option
to buy, whether direct or indirect, if the interest is valued in excess of $2,500; or
new text end

new text begin (ii) an option to buy, if the property has a fair market value of more than $50,000;
new text end

new text begin (4) a listing of all real property within the state in which a partnership of which the
individual or the individual's spouse is a member holds:
new text end

new text begin (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option
to buy, whether direct or indirect, if the individual's share of the partnership interest is valued
in excess of $2,500; or
new text end

new text begin (ii) an option to buy, if the property has a fair market value of more than $50,000. A
listing under this clause or clause (3) must indicate the street address and the municipality
or the section, township, range and approximate acreage, whichever applies, and the county
in which the property is located; and
new text end

new text begin (5) a listing of any contract, professional license, lease, or franchise that meets the
following criteria:
new text end

new text begin (i) it is held by the individual or the individual's spouse or any business in which the
individual has an ownership interest of 25 percent or more; and
new text end

new text begin (ii) it is entered into with, or issued by, the government agency on which the individual
serves as a public or local official.
new text end

new text begin (c) The listings required in paragraph (b), clauses (3) to (5), must not identify whether
the individual or the individual's spouse is associated with or owns the listed item.
new text end

new text begin (d) If an individual listed in paragraph (a) also holds a public official position that is not
listed in paragraph (a), the individual must file a statement of economic interest that includes
the information specified in subdivision 5, paragraph (a).
new text end