HF 165

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:34am

A bill for an act
relating to ethics in government; prohibiting certain uses of public funds;
prohibiting certain government contracts; providing penalties; proposing coding
for new law in Minnesota Statutes, chapter 15.

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

Section 1.

new text begin [15.0545] PROHIBITED USES OF PUBLIC FUNDS; PROHIBITED
CONTRACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited uses of public funds. new text end

new text begin (a) A public officer may not use
state or local government funds, facilities, supplies, or equipment for campaign purposes,
lobbying, or partisan purposes. A public officer may not authorize the use of state or local
government funds for payment of dues or membership fees to an entity that engages in
lobbying, campaigns, or partisan activity.
new text end

new text begin (b) This subdivision does not apply to:
new text end

new text begin (1) an elected state official while performing official duties;
new text end

new text begin (2) communications among and between legislators and legislative employees, or
between a public officer and a legislator or a legislative employee;
new text end

new text begin (3) appearances and communications by a public officer pursuant to a request to
appear before a state or local government body;
new text end

new text begin (4) executive branch state employees having responsibility to assess the impact of
proposals which affect the administration of government; or
new text end

new text begin (5) expenditures authorized by other laws, including laws relating to public financing
of campaigns.
new text end

new text begin (c) A public officer who knowingly violates this subdivision is guilty of a
misdemeanor. A knowing violation of this section by a public employee is grounds for
discharge. A public officer who uses government resources or receives government
resources in violation of this section must pay full restitution to the applicable state or
local government unit, in an amount equal to the greater of the cost to the government
unit or the market value of the resources.
new text end

new text begin Subd. 2. new text end

new text begin Public contracts. new text end

new text begin (a) An entity that employs a legislator or legislative
employee may not enter into a government contract, unless the person or entity has
employed the legislator or legislative employee for more than one year before entering
into the government contract.
new text end

new text begin (b) An entity that employs a person who was a legislator or a legislative employee
within the past year may not enter into a government contract.
new text end

new text begin (c) A state or local government elected official or a candidate for a state or local
government elective office may not solicit or accept a campaign contribution from a
person or entity holding a contract with the state or local government agency that the
elected official serves or seeks to serve or from a family member of the person holding
the contract. For purposes of this paragraph, "family member" means a spouse, child,
spouse's child, son-in-law, daughter-in-law, parent, sibling, grandparent, grandchild,
stepbrother, stepsister, stepparent, parent-in-law, brother-in-law, sister-in-law, aunt, uncle,
niece, nephew, or guardian. This prohibition on campaign contributions applies for two
years after the conclusion of the contract.
new text end

new text begin (d) A person who knowingly violates this section is guilty of a misdemeanor.
A person who knowingly violates paragraph (a) or (b) forfeits any right to payment or
reimbursement under a government contract, and must make restitution to the contracting
government entity for any payment illegally received under a contract that violates this
section. A person who knowingly receives a prohibited contribution under paragraph (c)
must return the illegal contribution to the donor.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For purposes of this section the following terms have the
meaning given.
new text end

new text begin (a) "Campaign purposes" means communications, expenditures, or other efforts
related to the pursuit of an elected public office.
new text end

new text begin (b) "Entity" means a natural person, a business, organization, association, political
party, political fund, or a principal campaign committee.
new text end

new text begin (c) "Government contract" means a contract for an amount more than $500 entered
into and paid for by the state or a unit of local government, but does not include contracts
in which both parties are state or local units of government.
new text end

new text begin (d) "Lobbying" means attempts to influence legislative or administrative action,
or the action of a local government body.
new text end

new text begin (e) "Local government" means a county, home rule charter or statutory city, town,
school district, metropolitan or regional agency, political subdivision, or special district.
new text end

new text begin (f) "Public officer" means any state or local government elected official, any person
appointed to a state or local government office, or any employee of this state or a local
government unit.
new text end

new text begin (g) "State" means the executive, legislative, and judicial branches, and includes the
Minnesota State Colleges and Universities.
new text end