SF 2

Introduction - 79th Legislature, 1995 1st Special Session

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to ethics in government; making advisory 
  1.3             opinions public data; clarifying certain definitions 
  1.4             and prohibitions; clarifying and authorizing 
  1.5             exceptions to the ban on gifts; requiring report by 
  1.6             state agencies regarding salary and expenses paid for 
  1.7             legislative matters; authorizing civil and criminal 
  1.8             penalties; amending Minnesota Statutes 1994, sections 
  1.9             10A.02, subdivision 12; 10A.065, subdivision 1; 
  1.10            10A.071; 10A.09, subdivision 6; 10A.29; 10A.34; and 
  1.11            471.895; proposing coding for new law in Minnesota 
  1.12            Statutes, chapter 10A. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 10A.02, 
  1.15  subdivision 12, is amended to read: 
  1.16     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  1.17  publish advisory opinions on the requirements of this chapter 
  1.18  based upon real or hypothetical situations.  An application for 
  1.19  an advisory opinion may be made only by an individual or 
  1.20  association who wishes to use the opinion to guide the 
  1.21  individual's or the association's own conduct.  The board shall 
  1.22  issue written opinions on all such questions submitted to it 
  1.23  within 30 days after receipt of written application, unless a 
  1.24  majority of the board agrees to extend the time limit.  
  1.25     (b) A written advisory opinion issued by the board is 
  1.26  binding on the board in any subsequent board proceeding 
  1.27  concerning the person making or covered by the request and is a 
  1.28  defense in a judicial proceeding that involves the subject 
  1.29  matter of the opinion and is brought against the person making 
  2.1   or covered by the request unless: 
  2.2      (1) the board has amended or revoked the opinion before the 
  2.3   initiation of the board or judicial proceeding, has notified the 
  2.4   person making or covered by the request of its action, and has 
  2.5   allowed at least 30 days for the person to do anything that 
  2.6   might be necessary to comply with the amended or revoked 
  2.7   opinion; 
  2.8      (2) the request has omitted or misstated material facts; or 
  2.9      (3) the person making or covered by the request has not 
  2.10  acted in good faith in reliance on the opinion. 
  2.11     (c) A request for an opinion and the opinion itself are 
  2.12  nonpublic data.  The board, however, may publish an opinion or a 
  2.13  summary of an opinion, but may not include in the publication 
  2.14  the name of the requester, the name of a person covered by a 
  2.15  request from an agency or political subdivision, or any other 
  2.16  information that might identify the requester unless the person 
  2.17  consents to the inclusion. 
  2.18     Sec. 2.  [10A.055] [STATE AGENCY REPORTS.] 
  2.19     A state agency shall report to the board by January 31 each 
  2.20  year on forms provided by the board the estimated expenditures 
  2.21  of the agency, if any, for the previous calendar year to pay the 
  2.22  salary and reimburse the expenses of any staff person who spent 
  2.23  over 25 percent of total work time during the previous year's 
  2.24  legislative session on legislative matters. 
  2.25     Sec. 3.  Minnesota Statutes 1994, section 10A.065, 
  2.26  subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
  2.28  LEGISLATIVE SESSION.] A candidate for the legislature or for 
  2.29  constitutional office, a candidate's principal campaign 
  2.30  committee, any other political committee with the candidate's 
  2.31  name or title, any committee authorized by the candidate, or a 
  2.32  political committee established by all or a part of the party 
  2.33  organization within a house of the legislature, shall not 
  2.34  solicit or accept a contribution on behalf of a candidate's 
  2.35  principal campaign committee, any other political committee with 
  2.36  the candidate's name or title, any committee authorized by the 
  3.1   candidate, or a political committee established by all or a part 
  3.2   of the party organization within a house of the legislature, 
  3.3   from a registered lobbyist, political committee, or political 
  3.4   fund during a regular session of the legislature.  However, the 
  3.5   party organization within a house of the legislature may receive 
  3.6   a member's dues during a regular session of the legislature, 
  3.7   even if the dues are paid from the assets of the member's 
  3.8   principal campaign committee. 
  3.9      Sec. 4.  Minnesota Statutes 1994, section 10A.071, is 
  3.10  amended to read: 
  3.11     10A.071 [CERTAIN GIFTS BY LOBBYISTS AND PRINCIPALS 
  3.12  PROHIBITED.] 
  3.13     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  3.14  subdivision apply to this section. 
  3.15     (b) "Family" means all the members of a household living 
  3.16  under one roof.  It also means the spouse or former spouse of an 
  3.17  individual and the individual's siblings and lineal ascendants 
  3.18  and descendants, by marriage, birth, or adoption, including 
  3.19  stepchildren, stepgrandchildren, and stepgreatgrandchildren, 
  3.20  even if not living under one roof. 
  3.21     (c) "Gift" means money, real or personal property, a 
  3.22  service, a loan, or a forbearance or forgiveness of 
  3.23  indebtedness, or a promise of future employment, that is given 
  3.24  and received without the giver receiving consideration of equal 
  3.25  or greater value in return. 
  3.26     (c) (d) "Official" means a public official, an employee of 
  3.27  the legislature, or a local official of a metropolitan 
  3.28  governmental unit. 
  3.29     Subd. 2.  [PROHIBITION.] A lobbyist or principal may not 
  3.30  give a gift or request another to give a gift to an official.  
  3.31  An official may not accept a gift from a lobbyist or principal.  
  3.32  An individual is subject to the requirements of this section by 
  3.33  virtue of being an officer, employee, or member of an 
  3.34  association that is a principal only when acting as an agent or 
  3.35  on behalf of the association. 
  3.36     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  4.1   section do not apply if the gift is: 
  4.2      (1) a contribution as defined in section 10A.01, 
  4.3   subdivision 7, or 211A.01, subdivision 5, or as defined by 
  4.4   federal law for contributions to candidates for federal offices; 
  4.5      (2) services to assist an the official in the performance 
  4.6   of official duties, including, but not limited to, providing 
  4.7   advice, consultation, information, and communication in 
  4.8   connection with legislation, and services to constituents; 
  4.9      (3) services of insignificant monetary value; 
  4.10     (4) a plaque or similar memento recognizing individual 
  4.11  services in a field of specialty or to a charitable cause; 
  4.12     (5) a trinket or memento of insignificant value; 
  4.13     (6) informational material of unexceptional insignificant 
  4.14  value or that will assist the official in the performance of 
  4.15  official duties; or 
  4.16     (7) a cup of coffee or other refreshments not to exceed $5 
  4.17  in value given by a host as part of ordinary office hospitality 
  4.18  or at a meeting away from the offices of the governmental entity 
  4.19  in which the recipient official holds office; 
  4.20     (8) food or a beverage given at a reception, meal, or 
  4.21  meeting away from the recipient's place of work offices of the 
  4.22  governmental entity in which the recipient official holds office 
  4.23  by an organization before whom the recipient appears to make a 
  4.24  speech or answer questions as part of a program., and reasonable 
  4.25  travel and lodging expenses actually incurred and necessary for 
  4.26  participation in the program; or 
  4.27     (9) food or a beverage not to exceed $40 in value given by 
  4.28  a host at a family event such as a wedding or graduation. 
  4.29     (b) The prohibitions in this section do not apply if the 
  4.30  gift is given: 
  4.31     (1) because of the recipient's membership in a group, a 
  4.32  majority of whose members are not officials, and an equivalent 
  4.33  gift is given or offered to the other members of the group; or 
  4.34     (2) by a national or multistate organization of 
  4.35  governmental organizations or public officials, if a majority of 
  4.36  the dues to the organization are paid from public funds, to a 
  5.1   participant in a conference, seminar, meeting, or trip sponsored 
  5.2   by that organization, if an equivalent gift is given or offered 
  5.3   to all other participants, even if the gift to the official was 
  5.4   made possible by a gift to the organization by a lobbyist or 
  5.5   principal; 
  5.6      (3) to a statewide organization of governmental units to 
  5.7   underwrite the general operating costs of the organization or a 
  5.8   conference or seminar sponsored by the organization; 
  5.9      (4) by a lobbyist or principal who is a member of the 
  5.10  family of the recipient, unless the gift is given on behalf of 
  5.11  someone who is not a member of that family.; 
  5.12     (5) by a lobbyist or principal as a contribution of a prize 
  5.13  or money to purchase a prize to an event that is designed to 
  5.14  benefit an organization that qualifies under section 501(c)(3) 
  5.15  of the Internal Revenue Code of 1986; or 
  5.16     (6) to an official who acts only as the agent for the giver 
  5.17  in making a gift to a foreign dignitary. 
  5.18     (c) If an employer makes a gift in the normal course of 
  5.19  employment to an employee, and an official benefits from the 
  5.20  gift as a member of the employee's family, the prohibitions in 
  5.21  this section do not apply. 
  5.22     Subd. 4.  [RETURN OF GIFT.] An official who accepts a gift 
  5.23  in a good faith belief that it is lawful and returns it or gives 
  5.24  consideration of equal or greater value for it promptly upon 
  5.25  learning that it was not lawful is not subject to a penalty for 
  5.26  violating this section. 
  5.27     Sec. 5.  Minnesota Statutes 1994, section 10A.09, 
  5.28  subdivision 6, is amended to read: 
  5.29     Subd. 6.  Each individual who is required to file a 
  5.30  statement of economic interest shall file a supplementary 
  5.31  statement on April 15 of each year that the individual remains 
  5.32  in office.  The statement shall include a space for each 
  5.33  category of information in which the individual may indicate 
  5.34  that no change in information has occurred since the previous 
  5.35  statement.  The supplementary statement shall include the amount 
  5.36  of each honorarium in excess of $50 received since the previous 
  6.1   statement, together with the name and address of the source of 
  6.2   the honorarium.  The supplementary statement must also include 
  6.3   the cost, purpose, and destination of any travel outside this 
  6.4   state since the previous statement that was paid for by a 
  6.5   lobbyist or principal, together with the name and address of the 
  6.6   lobbyist or principal who paid for the travel.  A statement of 
  6.7   economic interest submitted by an officeholder shall be filed 
  6.8   with the statement submitted as a candidate. 
  6.9      Sec. 6.  Minnesota Statutes 1994, section 10A.29, is 
  6.10  amended to read: 
  6.11     10A.29 [CIRCUMVENTION PROHIBITED.] 
  6.12     Any attempt by an individual or association to circumvent 
  6.13  the provisions of this chapter by redirecting funds through, or 
  6.14  contributing funds on behalf of, another individual or 
  6.15  association is a gross misdemeanor, except that any attempt by 
  6.16  an individual or association to circumvent the provisions of 
  6.17  section 10A.071 by making a gift through or on behalf of another 
  6.18  individual or association is a misdemeanor. 
  6.19     Sec. 7.  Minnesota Statutes 1994, section 10A.34, is 
  6.20  amended to read: 
  6.21     10A.34 [REMEDIES.] 
  6.22     Subdivision 1.  A person charged with a duty under sections 
  6.23  10A.02 to 10A.34 this chapter shall be personally liable for the 
  6.24  penalty for failing to discharge it. 
  6.25     Subd. 1a.  The board may bring an action in the district 
  6.26  court in Ramsey county to recover any late filing fee imposed 
  6.27  pursuant to any provision of this chapter.  All money recovered 
  6.28  shall be deposited in the general fund of the state. 
  6.29     Subd. 2.  The board or a county attorney may seek an 
  6.30  injunction in the district court to enforce the provisions of 
  6.31  sections 10A.02 to 10A.34 this chapter. 
  6.32     Subd. 3.  Unless otherwise provided, a violation of 
  6.33  sections 10A.02 to 10A.34 this chapter is not a crime, but is 
  6.34  subject to a civil penalty imposed by the board in an amount up 
  6.35  to $100 for the first offense and up to $500 for any subsequent 
  6.36  offense. 
  7.1      Sec. 8.  Minnesota Statutes 1994, section 471.895, is 
  7.2   amended to read: 
  7.3      471.895 [CERTAIN GIFTS BY INTERESTED PERSONS PROHIBITED.] 
  7.4      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  7.5   subdivision apply to this section. 
  7.6      (b) "Family" and "gift" has have the meaning meanings 
  7.7   given it them in section 10A.071, subdivision 1. 
  7.8      (c) "Interested person" means a person or a representative 
  7.9   of a person or association that has a direct financial interest 
  7.10  in a decision that a local official is authorized to 
  7.11  make. "Local governmental unit" means a school district, a 
  7.12  county, a statutory or home rule charter city, or an agency, 
  7.13  authority, or instrumentality of a county or city.  
  7.14     (d) "Local official" means an elected or appointed official 
  7.15  of a county or city or of an agency, authority, or 
  7.16  instrumentality of a county or city local governmental unit, a 
  7.17  person serving on the governing board of a local governmental 
  7.18  unit, or an employee of a local governmental unit whose job has 
  7.19  been designated by the governing board of the unit under 
  7.20  subdivision 2a. 
  7.21     (e) "Interest" means a direct financial or other interest 
  7.22  of greater consequence to the person than the general interest 
  7.23  of all residents or taxpayers of the local governmental unit. 
  7.24     Subd. 2.  [PROHIBITION.] An interested person may not give 
  7.25  a gift or request another to give a gift to a local official.  A 
  7.26  local official may not accept a gift from an interested person.  
  7.27  A person, or a representative of a person, who has an interest 
  7.28  in a decision or action of a local governmental unit may not 
  7.29  give a gift, or request another to give a gift, to a local 
  7.30  official of the governmental unit.  A local official may not 
  7.31  accept a gift prohibited by this section. 
  7.32     Subd. 2a.  [DESIGNATION OF EMPLOYEES.] (a) The governing 
  7.33  board of the local governmental unit shall designate the job 
  7.34  positions whose occupants are prohibited from receiving gifts 
  7.35  under this section.  The designation must be made at the 
  7.36  organizational meeting of the governing board, or as soon 
  8.1   thereafter as practicable, and may be amended at any time.  The 
  8.2   designation is not a term and condition of employment for 
  8.3   purposes of chapter 179A. 
  8.4      (b) The governing board shall designate each job that has 
  8.5   nonministerial authority with respect to decisions or actions of 
  8.6   the local governmental unit on the following matters:  
  8.7      (1) contracts, contract specifications, or contractor 
  8.8   selection for contracts involving the purchase, lease, or rental 
  8.9   of supplies, materials, or equipment, the purchase or sale of 
  8.10  services, the investment of public money, or the construction, 
  8.11  alteration, repair, or maintenance of property; 
  8.12     (2) the expenditure or investment of public money; 
  8.13     (3) the issuance of public debt; 
  8.14     (4) the raising of public revenue; 
  8.15     (5) the assessment of property; or 
  8.16     (6) the exercise of the police power. 
  8.17     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  8.18  section do not apply if the gift is: 
  8.19     (1) a contribution as defined in section 10A.01, 
  8.20  subdivision 7, or 211A.01, subdivision 5, or as defined by 
  8.21  federal law for contributions to candidates for federal offices; 
  8.22     (2) services to assist an the official in the performance 
  8.23  of official duties, including, but not limited to, providing 
  8.24  advice, consultation, information, and communication in 
  8.25  connection with legislation, and services to constituents; 
  8.26     (3) services of insignificant monetary value; 
  8.27     (4) a plaque or similar memento recognizing individual 
  8.28  services in a field of specialty or to a charitable cause; 
  8.29     (5) a trinket or memento of insignificant value; 
  8.30     (6) informational material of unexceptional insignificant 
  8.31  value or that will assist the official in the performance of 
  8.32  official duties; or 
  8.33     (7) a cup of coffee or other refreshments not to exceed $5 
  8.34  in value, given by a host as part of ordinary office hospitality 
  8.35  or at a meeting away from the offices of the governmental entity 
  8.36  in which the recipient official holds office; 
  9.1      (8) food or a beverage given at a reception, meal, or 
  9.2   meeting away from the recipient's place of work offices of the 
  9.3   governmental entity in which the recipient official holds office 
  9.4   by an organization before whom the recipient appears to make a 
  9.5   speech or answer questions as part of a program., and reasonable 
  9.6   travel and lodging expenses actually incurred and necessary for 
  9.7   participation in the program; or 
  9.8      (9) food or a beverage not to exceed $40 in value given by 
  9.9   a host at a family event such as a wedding or graduation. 
  9.10     (b) The prohibitions in this section do not apply if the 
  9.11  gift is given: 
  9.12     (1) because of the recipient's membership in a group, a 
  9.13  majority of whose members are not local officials, and an 
  9.14  equivalent gift is given or offered to the other members of the 
  9.15  group; or 
  9.16     (2) by a national or multistate organization of 
  9.17  governmental organizations or public officials, if a majority of 
  9.18  the dues to the organization are paid from public funds, to 
  9.19  participants in a conference, seminar, meeting, or trip 
  9.20  sponsored by that organization, if an equivalent gift is given 
  9.21  or offered to all other participants, even if the gift to the 
  9.22  local official was made possible by a gift to the organization 
  9.23  by a person with an interest; 
  9.24     (3) to a statewide organization of governmental units to 
  9.25  underwrite the general operating costs of the organization or a 
  9.26  conference or seminar sponsored by the organization; 
  9.27     (4) by an interested a person with an interest who is a 
  9.28  member of the family of the recipient, unless the gift is given 
  9.29  on behalf of someone who is not a member of that family.; 
  9.30     (5) by a person with an interest as a contribution of a 
  9.31  prize or money to purchase a prize to an event that is designed 
  9.32  to benefit an organization that qualifies under section 501(c)(3)
  9.33  of the Internal Revenue Code of 1986; or 
  9.34     (6) to a local official who acts only as the agent for the 
  9.35  giver in making a gift to a foreign dignitary. 
  9.36     (c) If an employer makes a gift in the normal course of 
 10.1   employment to an employee, and a local official benefits from 
 10.2   the gift as a member of the employee's family, the prohibitions 
 10.3   in this section do not apply. 
 10.4      Subd. 4.  [RETURN OF GIFT.] A local official who accepts a 
 10.5   gift in a good faith belief that it is lawful and returns it or 
 10.6   gives consideration of equal or greater value for it promptly 
 10.7   upon learning that it was not lawful is not subject to a penalty 
 10.8   for violating this section. 
 10.9      Subd. 5.  [REMEDIES.] A person charged with a duty under 
 10.10  this section shall be personally liable for the penalty for 
 10.11  failing to discharge it.  A county attorney may seek an 
 10.12  injunction in the district court to enforce the provisions of 
 10.13  this section.  Unless otherwise provided, a violation of this 
 10.14  section is not a crime, but is subject to a civil penalty, 
 10.15  through a civil action brought in district court by the county 
 10.16  attorney, in an amount up to $100 for the first offense and up 
 10.17  to $500 for any subsequent offense.  Any attempt by an 
 10.18  individual or association to circumvent the provisions of this 
 10.19  section by making a gift through or on behalf of another 
 10.20  individual or association is a misdemeanor. 
 10.21     Sec. 9.  [EFFECTIVE DATE.] 
 10.22     This act is effective the day following final enactment.