SF 104

Introduction - 84th Legislature (2005 - 2006)

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

A bill for an act
relating to ethics in government; providing that
acceptance of large campaign contributions by certain
elected officials creates a conflict of interest on
issues related to the contributor; imposing a penalty;
amending Minnesota Statutes 2004, section 10A.07,
subdivision 1, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 471.

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

Section 1.

Minnesota Statutes 2004, section 10A.07,
subdivision 1, is amended to read:

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; deleted text begin and
deleted text end

(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 new text begin ; and
new text end

new text begin (4) post a copy of the statement on the official's Web site new text end .

If a potential conflict of interest presents itself and
there is insufficient time to comply with clauses (1)
to deleted text begin (3) deleted text end new text begin (4) new text end , 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.

Sec. 2.

Minnesota Statutes 2004, section 10A.07, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Conflicts based on contributions. new text end

new text begin (a) If a
legislator or constitutional officer, or that official's
principal campaign committee, accepts a contribution of more
than $100, during the legislator's or constitutional officer's
current term of office or within one year before the current
term of office, from an individual or association or an agent of
an individual or association, the legislator or constitutional
officer has a conflict of interest with regard to an action or
decision on any question coming before the legislator or
constitutional officer in which the legislator or constitutional
officer is aware that the contributing individual or association
has a financial interest that is of greater consequence to the
contributor than the general interest of all residents or
taxpayers of the state.
new text end

new text begin (b) If a conflict of interest arises under this
subdivision, the legislator or constitutional officer must
disclose it in the manner provided in subdivision 1 and take the
actions required by subdivision 2.
new text end

new text begin (c) An individual who knowingly violates this subdivision
is subject to a civil penalty imposed by the board of up to $500.
new text end

Sec. 3.

new text begin [471.865] CONFLICTS BASED ON CONTRIBUTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Conflict created. new text end

new text begin If an elected official
of a county, city, or school district, or the official's
campaign committee as defined in section 211A.01, subdivision 4,
accepts a contribution as defined in section 211A.01,
subdivision 5, of more than $100, during the official's current
term of office or within one year before the current term of
office, from a individual or association or an agent of an
individual or association, the elected official has a conflict
of interest with regard to an action or decision on any question
coming before the official in which the official is aware that
the contributing individual or association has a financial
interest that is of greater consequence to the contributor than
the general interest of all residents or taxpayers of the
elected official's governmental unit.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure of conflict. new text end

new text begin If a conflict of
interest arises under this section, the elected official must
prepare a written statement describing the matter requiring
action or decision and the amount of the contribution and
deliver a copy of the statement to the presiding officer of the
governing body. If a conflict of interest presents itself and
there is insufficient time to prepare a written statement, the
elected official must orally inform the governing body or
committee of the governing body of the conflict. The oral
statement must be described in the minutes of the meeting.
new text end

new text begin Subd. 3. new text end

new text begin Required actions. new text end

new text begin After disclosing the conflict
of interest, the elected official must abstain from
participating in the action or decision, except as provided in
this subdivision. If the elected official is the county
attorney or county sheriff, the elected official must assign the
action or decision to a subordinate. If the elected official is
a member of the governing body, the official must not chair a
meeting or offer a motion or discussion on the question giving
rise to the conflict of interest. The official must not vote on
the question unless abstention would prevent the body from
obtaining a quorum.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin An individual who knowingly violates
this section is guilty of a petty misdemeanor.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act applies to contributions made on or after January
1, 2006.
new text end