HF 4253

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to campaign finance; restricting certain contributions and gifts; amending
Minnesota Statutes 2006, sections 10A.071; 10A.27, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 10A.071, is amended to read:

10A.071 CERTAIN GIFTS deleted text begin BY LOBBYISTS AND PRINCIPALS deleted text end
PROHIBITED.

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, or a local
official of a metropolitan governmental unit.

new text begin (d) "Party" means an individual or entity named in a judicial proceeding, or an
individual or entity whose interests have come or are likely to come before a judge in this
state. "Party" also includes an individual or entity's attorney or legal representative and in
the case of an attorney, the law firm or legal organization at which the attorney is employed.
new text end

Subd. 2.

Prohibition.

new text begin (a) new text end A lobbyist or principal may not give a gift or request
another to give a gift to an official. An official may not accept a gift from a lobbyist or
principal.

new text begin (b) A party may not give a gift or request another to give a gift to a judge, if the party
has appeared or is likely to appear before the judge in a judicial proceeding. A judge may
not accept a gift from a party who has appeared, or who is scheduled or is likely to appear
before the judge in a judicial proceeding.
new text end

Subd. 3.

Exceptions.

(a) The prohibitions in this section do not apply if the gift is:

(1) a contribution as defined in section 10A.01, subdivision 11;

(2) services to assist an official in the performance of official duties, including
but not limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual services in a field of
specialty or to a charitable cause;

(5) a trinket or memento costing $5 or less;

(6) informational material of unexceptional value; or

(7) food or a beverage given at a reception, meal, or meeting away from the
recipient's place of work by an organization before whom the recipient appears to make a
speech or answer questions as part of a program.

(b) The prohibitions in this section do not apply if the gift is given:

(1) because of the recipient's membership in a group, a majority of whose members
are not officials new text begin or in the case of a judge, a majority of whose members are not judges new text end , and
an equivalent gift is given to the other members of the group; or

(2) by a lobbyist or principal who is a member of the family of the recipient, unless
the gift is given on behalf of someone who is not a member of that family.

Sec. 2.

Minnesota Statutes 2006, section 10A.27, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Contributions to political committees or party units within the
legislature. new text end

new text begin A political committee or party unit established by all or a part of the party
organization within a house of the legislature, including the party organization itself, or
any other entity organized within a house of the legislature, must not solicit or accept a
contribution from an individual, political committee, or political fund at any time. The
house of representatives and the senate must adopt rules implementing this provision.
new text end