HF 802

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 in government; extending the 
  1.3             enforcement authority of the ethical practices board 
  1.4             to cover gifts to local officials; making advisory 
  1.5             opinions public data; authorizing civil penalties; 
  1.6             clarifying certain definitions; clarifying and 
  1.7             authorizing exceptions to the ban on gifts; 
  1.8             appropriating money; amending Minnesota Statutes 1994, 
  1.9             sections 10A.02, subdivision 12; 10A.071, subdivisions 
  1.10            1 and 3; 10A.29; 10A.34; and 471.895, subdivisions 1 
  1.11            and 3. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 10A.02, 
  1.14  subdivision 12, is amended to read: 
  1.15     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  1.16  publish advisory opinions on the requirements of this chapter or 
  1.17  section 471.895 based upon real or hypothetical situations.  An 
  1.18  application for an advisory opinion may be made only by an 
  1.19  individual or association who wishes to use the opinion to guide 
  1.20  the individual's or the association's own conduct.  The board 
  1.21  shall issue written opinions on all such questions submitted to 
  1.22  it within 30 days after receipt of written application, unless a 
  1.23  majority of the board agrees to extend the time limit.  
  1.24     (b) A written advisory opinion issued by the board is 
  1.25  binding on the board in any subsequent board proceeding 
  1.26  concerning the person making or covered by the request and is a 
  1.27  defense in a judicial proceeding that involves the subject 
  1.28  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.  Minnesota Statutes 1994, section 10A.071, 
  2.19  subdivision 1, is amended to read: 
  2.20     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  2.21  subdivision apply to this section. 
  2.22     (b) "Gift" means money, real or personal property, a 
  2.23  service, a loan, or a forbearance or forgiveness of 
  2.24  indebtedness, or a promise of future employment, that is given 
  2.25  and received without the giver receiving consideration of equal 
  2.26  or greater value in return. 
  2.27     (c) "Official" means a public official, an employee of the 
  2.28  legislature, or a local official of a metropolitan governmental 
  2.29  unit. 
  2.30     Sec. 3.  Minnesota Statutes 1994, section 10A.071, 
  2.31  subdivision 3, is amended to read: 
  2.32     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  2.33  section do not apply if the gift is: 
  2.34     (1) a contribution as defined in section 10A.01, 
  2.35  subdivision 7, or 211A.01, subdivision 5, or as defined by 
  2.36  federal law for contributions to candidates for federal offices; 
  3.1      (2) services to assist an official in the performance of 
  3.2   official duties, including but not limited to providing advice, 
  3.3   consultation, information, and communication in connection with 
  3.4   legislation, and services to constituents; 
  3.5      (3) services of insignificant monetary value; 
  3.6      (4) a plaque or similar memento recognizing individual 
  3.7   services in a field of specialty or to a charitable cause; 
  3.8      (5) a trinket or memento of insignificant value; 
  3.9      (6) informational material of unexceptional value; or 
  3.10     (7) a cup of coffee or other refreshments not to exceed $3 
  3.11  in value given by a host as part of ordinary office hospitality 
  3.12  or at a reception or meeting away from the recipient's place of 
  3.13  work; or 
  3.14     (8) food or a beverage given at a reception, meal, or 
  3.15  meeting away from the recipient's place of work by an 
  3.16  organization before whom the recipient appears to make a speech 
  3.17  or answer questions as part of a program, and reasonable travel 
  3.18  and lodging expenses within this state actually incurred to 
  3.19  participate in the program. 
  3.20     (b) The prohibitions in this section do not apply if the 
  3.21  gift is given: 
  3.22     (1) because of the recipient's membership in a group, a 
  3.23  majority of whose members are not officials, and an equivalent 
  3.24  gift is given or offered to the other members of the group; or 
  3.25     (2) by a national or multistate organization of which this 
  3.26  state or a political subdivision of this state is a member to a 
  3.27  participant in a conference, seminar, meeting, or trip sponsored 
  3.28  by that organization, if an equivalent gift is given or offered 
  3.29  to all other participants, even if the gift to the official was 
  3.30  made possible by a gift to the organization by a lobbyist or 
  3.31  principal; or 
  3.32     (3) by a lobbyist or principal who is a member of the 
  3.33  family of the recipient, unless the gift is given on behalf of 
  3.34  someone who is not a member of that family. 
  3.35     (c) If an employer makes a gift in the normal course of 
  3.36  employment to an employee, and an official benefits from the 
  4.1   gift as a member of the employee's family, the prohibitions in 
  4.2   this section do not apply. 
  4.3      Sec. 4.  Minnesota Statutes 1994, section 10A.29, is 
  4.4   amended to read: 
  4.5      10A.29 [CIRCUMVENTION PROHIBITED.] 
  4.6      Any attempt by an individual or association to circumvent 
  4.7   the provisions of this chapter by redirecting funds or making a 
  4.8   gift through, or contributing funds or making a gift on behalf 
  4.9   of, another individual or association is a gross misdemeanor. 
  4.10     Sec. 5.  Minnesota Statutes 1994, section 10A.34, is 
  4.11  amended to read: 
  4.12     10A.34 [REMEDIES.] 
  4.13     Subdivision 1.  A person charged with a duty under sections 
  4.14  10A.02 to 10A.34 this chapter or section 471.895 shall be 
  4.15  personally liable for the penalty for failing to discharge it. 
  4.16     Subd. 1a.  The board may bring an action in the district 
  4.17  court in Ramsey county to recover any late filing fee imposed 
  4.18  pursuant to any provision of this chapter.  All money recovered 
  4.19  shall be deposited in the general fund of the state. 
  4.20     Subd. 2.  The board or a county attorney may seek an 
  4.21  injunction in the district court to enforce the provisions of 
  4.22  sections 10A.02 to 10A.34 this chapter or section 471.895. 
  4.23     Subd. 3.  Unless otherwise provided, a violation of 
  4.24  sections 10A.02 to 10A.34 this chapter or section 471.895 is not 
  4.25  a crime, but is subject to a civil penalty imposed by the board 
  4.26  in an amount up to $1,000. 
  4.27     Sec. 6.  Minnesota Statutes 1994, section 471.895, 
  4.28  subdivision 1, is amended to read: 
  4.29     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  4.30  subdivision apply to this section. 
  4.31     (b) "Gift" has the meaning given it in section 10A.071, 
  4.32  subdivision 1. 
  4.33     (c) "Interested person" means a person or a representative 
  4.34  of a person or association that has a direct financial interest 
  4.35  in a decision that a the local official receiving a gift from 
  4.36  the person is authorized to make.  To be "direct," the financial 
  5.1   interest of the giver must be of greater consequence to the 
  5.2   giver than the general interest of all residents or taxpayers of 
  5.3   the official's governmental unit. 
  5.4      (d) "Local official" means an elected or appointed official 
  5.5   of a county or a home rule charter or statutory city or of an 
  5.6   agency, authority, or instrumentality of a county or city.  To 
  5.7   be an "official," a person must have authority to make, or to 
  5.8   vote on as a member of a governing body, final recommendations 
  5.9   and decisions regarding the expenditure or investment of public 
  5.10  money.  
  5.11     Sec. 7.  Minnesota Statutes 1994, section 471.895, 
  5.12  subdivision 3, is amended to read: 
  5.13     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  5.14  section do not apply if the gift is: 
  5.15     (1) a contribution as defined in section 10A.01, 
  5.16  subdivision 7, or 211A.01, subdivision 5, or as defined by 
  5.17  federal law for contributions to candidates for federal offices; 
  5.18     (2) services to assist an official in the performance of 
  5.19  official duties, including but not limited to providing advice, 
  5.20  consultation, information, and communication in connection with 
  5.21  legislation, and services to constituents; 
  5.22     (3) services of insignificant monetary value; 
  5.23     (4) a plaque or similar memento recognizing individual 
  5.24  services in a field of specialty or to a charitable cause; 
  5.25     (5) a trinket or memento of insignificant value; 
  5.26     (6) informational material of unexceptional value; or 
  5.27     (7) a cup of coffee or other refreshments not to exceed $3 
  5.28  in value given by a host as part of ordinary office hospitality 
  5.29  or at a reception or meeting away from the recipient's place of 
  5.30  work; or 
  5.31     (8) food or a beverage given at a reception, meal, or 
  5.32  meeting away from the recipient's place of work by an 
  5.33  organization before whom the recipient appears to make a speech 
  5.34  or answer questions as part of a program, and reasonable travel 
  5.35  and lodging expenses within this state actually incurred to 
  5.36  participate in the program. 
  6.1      (b) The prohibitions in this section do not apply if the 
  6.2   gift is given: 
  6.3      (1) because of the recipient's membership in a group, a 
  6.4   majority of whose members are not local officials, and an 
  6.5   equivalent gift is given or offered to the other members of the 
  6.6   group; or 
  6.7      (2) by a national or multistate organization of which this 
  6.8   state or a political subdivision of this state is a member to 
  6.9   participants in a conference, seminar, meeting, or trip 
  6.10  sponsored by that organization, if an equivalent gift is given 
  6.11  or offered to all other participants, even if the gift to the 
  6.12  local official was made possible by a gift to the organization 
  6.13  by an interested person; or 
  6.14     (3) by an interested person who is a member of the family 
  6.15  of the recipient, unless the gift is given on behalf of someone 
  6.16  who is not a member of that family. 
  6.17     (c) If an employer makes a gift in the normal course of 
  6.18  employment to an employee, and a local official benefits from 
  6.19  the gift as a member of the employee's family, the prohibitions 
  6.20  in this section do not apply. 
  6.21     Sec. 8.  [APPROPRIATION.] 
  6.22     $....... is appropriated from the general fund to the 
  6.23  ethical practices board to enforce the provisions of Minnesota 
  6.24  Statutes, chapter 10A and section 471.895, to be available until 
  6.25  June 30, 1997. 
  6.26     Sec. 9.  [EFFECTIVE DATE.] 
  6.27     This act is effective the day following final enactment.