SF 51

Introduction - 85th Legislature (2007 - 2008)

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; proposing coding for new law in
Minnesota Statutes, chapter 471.

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

Section 1.

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 an 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