HF 592

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to ethics; changing the prohibition against 
  1.3             certain gifts; amending Minnesota Statutes 1994, 
  1.4             sections 10A.071, subdivisions 2 and 3; and 471.895, 
  1.5             subdivisions 2 and 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 10A.071, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [PROHIBITION.] A lobbyist or principal may not 
  1.10  give a gift worth more than $9.99 or request another to give a 
  1.11  gift worth more than $9.99 to an official.  An official may not 
  1.12  accept a gift worth more than $9.99 from a lobbyist or principal.
  1.13     The prohibition in this subdivision applies to a gift and 
  1.14  not to the aggregate value of more than one gift given by a 
  1.15  lobbyist or principal to an official at different times. 
  1.16     Sec. 2.  Minnesota Statutes 1994, section 10A.071, 
  1.17  subdivision 3, is amended to read: 
  1.18     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  1.19  section do not apply if the gift is: 
  1.20     (1) a contribution as defined in section 10A.01, 
  1.21  subdivision 7; 
  1.22     (2) services to assist an official in the performance of 
  1.23  official duties, including but not limited to providing advice, 
  1.24  consultation, information, and communication in connection with 
  1.25  legislation, and services to constituents; 
  2.1      (3) services of insignificant monetary value; 
  2.2      (4) a plaque or similar memento recognizing individual 
  2.3   services in a field of specialty or to a charitable cause; 
  2.4      (5) a trinket or memento of insignificant value; 
  2.5      (6) informational material of unexceptional value; or 
  2.6      (7) food or a beverage given at a reception, meal, or 
  2.7   meeting away from the recipient's place of work by an 
  2.8   organization before whom the recipient appears to make a speech 
  2.9   or answer questions as part of a program. 
  2.10     (b) The prohibitions in this section do not apply if the 
  2.11  gift is given: 
  2.12     (1) because of the recipient's membership in a group, a 
  2.13  majority of whose members are not officials, and an equivalent 
  2.14  gift is given to the other members of the group; or 
  2.15     (2) by a lobbyist or principal who is a member of the 
  2.16  family of the recipient, unless the gift is given on behalf of 
  2.17  someone who is not a member of that family; or 
  2.18     (3) in the form of sponsorship of or a contribution to a 
  2.19  seminar, conference, meeting, or trip conducted by a national or 
  2.20  multistate organization of which this state or a political 
  2.21  subdivision of this state is a member if the official who is the 
  2.22  recipient of the gift is a participant in the conference, 
  2.23  seminar, meeting, or trip sponsored by that organization, if an 
  2.24  equivalent gift is given or offered to all other participants. 
  2.25     Sec. 3.  Minnesota Statutes 1994, section 471.895, 
  2.26  subdivision 2, is amended to read: 
  2.27     Subd. 2.  [PROHIBITION.] An interested person may not give 
  2.28  a gift worth more than $9.99 or request another to give a gift 
  2.29  worth more than $9.99 to a local official.  A local official may 
  2.30  not accept a gift worth more than $9.99 from an interested 
  2.31  person.  The prohibition in this subdivision applies to a gift 
  2.32  and not to the aggregate value of more than one gift given by an 
  2.33  interested person to a local official at different times. 
  2.34     Sec. 4.  Minnesota Statutes 1994, section 471.895, 
  2.35  subdivision 3, is amended to read: 
  2.36     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  3.1   section do not apply if the gift is: 
  3.2      (1) a contribution as defined in section 211A.01, 
  3.3   subdivision 5; 
  3.4      (2) services to assist an official in the performance of 
  3.5   official duties, including but not limited to providing advice, 
  3.6   consultation, information, and communication in connection with 
  3.7   legislation, and services to constituents; 
  3.8      (3) services of insignificant monetary value; 
  3.9      (4) a plaque or similar memento recognizing individual 
  3.10  services in a field of specialty or to a charitable cause; 
  3.11     (5) a trinket or memento of insignificant value; 
  3.12     (6) informational material of unexceptional value; or 
  3.13     (7) food or a beverage given at a reception, meal, or 
  3.14  meeting away from the recipient's place of work by an 
  3.15  organization before whom the recipient appears to make a speech 
  3.16  or answer questions as part of a program. 
  3.17     (b) The prohibitions in this section do not apply if the 
  3.18  gift is given: 
  3.19     (1) because of the recipient's membership in a group, a 
  3.20  majority of whose members are not local officials, and an 
  3.21  equivalent gift is given to the other members of the group; or 
  3.22     (2) by an interested person who is a member of the family 
  3.23  of the recipient, unless the gift is given on behalf of someone 
  3.24  who is not a member of that family; or 
  3.25     (3) in the form of sponsorship of or a contribution to a 
  3.26  seminar, conference, meeting, or trip conducted by a national or 
  3.27  multistate organization of which this state or a political 
  3.28  subdivision of this state is a member if the local official who 
  3.29  is the recipient of the gift is a participant in the conference, 
  3.30  seminar, meeting, or trip sponsored by that organization, if an 
  3.31  equivalent gift is given or offered to all other participants. 
  3.32     Sec. 5.  [EFFECTIVE DATE.] 
  3.33     This act is effective the day following final enactment.