HF 856

3rd Engrossment - 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 and prohibitions; 
  1.7             clarifying and authorizing exceptions to the ban on 
  1.8             gifts; requiring report by state agencies regarding 
  1.9             salary and expenses paid for legislative matters; 
  1.10            amending Minnesota Statutes 1994, sections 10A.02, 
  1.11            subdivision 12; 10A.071; 10A.34; and 471.895; 
  1.12            proposing coding for new law in Minnesota Statutes, 
  1.13            chapter 10A. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1994, section 10A.02, 
  1.16  subdivision 12, is amended to read: 
  1.17     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  1.18  publish advisory opinions on the requirements of this chapter 
  1.19  based upon real or hypothetical situations.  An application for 
  1.20  an advisory opinion may be made only by an individual or 
  1.21  association who wishes to use the opinion to guide the 
  1.22  individual's or the association's own conduct.  The board shall 
  1.23  issue written opinions on all such questions submitted to it 
  1.24  within 30 days after receipt of written application, unless a 
  1.25  majority of the board agrees to extend the time limit.  
  1.26     (b) A written advisory opinion issued by the board is 
  1.27  binding on the board in any subsequent board proceeding 
  1.28  concerning the person making or covered by the request and is a 
  1.29  defense in a judicial proceeding that involves the subject 
  2.1   matter of the opinion and is brought against the person making 
  2.2   or covered by the request unless: 
  2.3      (1) the board has amended or revoked the opinion before the 
  2.4   initiation of the board or judicial proceeding, has notified the 
  2.5   person making or covered by the request of its action, and has 
  2.6   allowed at least 30 days for the person to do anything that 
  2.7   might be necessary to comply with the amended or revoked 
  2.8   opinion; 
  2.9      (2) the request has omitted or misstated material facts; or 
  2.10     (3) the person making or covered by the request has not 
  2.11  acted in good faith in reliance on the opinion. 
  2.12     (c) A request for an opinion and the opinion itself are 
  2.13  nonpublic data.  The board, however, may publish an opinion or a 
  2.14  summary of an opinion, but may not include in the publication 
  2.15  the name of the requester, the name of a person covered by a 
  2.16  request from an agency or political subdivision, or any other 
  2.17  information that might identify the requester unless the person 
  2.18  consents to the inclusion. 
  2.19     Sec. 2.  [10A.055] [STATE AGENCY REPORTS.] 
  2.20     A state agency shall report to the board by January 31 each 
  2.21  year on forms provided by the board if it has estimated 
  2.22  expenditures of the agency for the previous calendar year to pay 
  2.23  the salary and reimburse the expenses of any staff person who 
  2.24  spent over 25 percent of total work time during the previous 
  2.25  year's legislative session on legislative matters. 
  2.26     Sec. 3.  Minnesota Statutes 1994, section 10A.071, is 
  2.27  amended to read: 
  2.28     10A.071 [CERTAIN GIFTS BY LOBBYISTS AND PRINCIPALS 
  2.29  PROHIBITED.] 
  2.30     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  2.31  subdivision apply to this section. 
  2.32     (b) "Family" means all the members of a household living 
  2.33  under one roof.  It also means the spouse or former spouse of an 
  2.34  individual and the individual's siblings and lineal ascendants 
  2.35  and descendants, by marriage, birth, or adoption, including 
  2.36  stepchildren, stepgrandchildren, and stepgreatgrandchildren, 
  3.1   even if not living under one roof. 
  3.2      (c) "Gift" means money, real or personal property, a 
  3.3   service, a loan, a forbearance or forgiveness of indebtedness, 
  3.4   or a promise of future employment, that is given and received 
  3.5   without the giver receiving consideration of equal or greater 
  3.6   value in return. 
  3.7      (c) (d) "Official" means a public official, an employee of 
  3.8   the legislature, or a local official of a metropolitan 
  3.9   governmental unit the metropolitan council established by 
  3.10  section 473.123; a metropolitan agency as defined in section 
  3.11  473.121, subdivision 5a; the Minnesota state high school league; 
  3.12  and Minnesota Technology, Inc. 
  3.13     Subd. 2.  [PROHIBITION.] A lobbyist or principal may not 
  3.14  give a gift or request another to give a gift to an official.  
  3.15  An official may not accept a gift from a lobbyist or principal.  
  3.16  An individual is subject to the requirements of this section by 
  3.17  virtue of being an officer, employee, or member of an 
  3.18  association that is a principal only when acting as an agent or 
  3.19  on behalf of the association. 
  3.20     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  3.21  section do not apply if the gift is: 
  3.22     (1) a contribution as defined in section 10A.01, 
  3.23  subdivision 7, or 211A.01, subdivision 5, or as defined by 
  3.24  federal law for contributions to candidates for federal offices; 
  3.25     (2) services to assist an official in the performance of 
  3.26  official duties, including, but not limited to, providing 
  3.27  advice, consultation, information, and communication in 
  3.28  connection with legislation,; educational programs; and services 
  3.29  to constituents; 
  3.30     (3) services of insignificant monetary value; 
  3.31     (4) a plaque or similar memento recognizing individual 
  3.32  services in a field of specialty or to a charitable cause; 
  3.33     (5) a trinket or memento of insignificant value; 
  3.34     (6) informational material of unexceptional value; or 
  3.35     (7) food or a nonalcoholic beverage not exceeding $5 in 
  3.36  total cost, given by a host as part of ordinary office 
  4.1   hospitality or at a meeting away from the offices of the 
  4.2   governmental entity in which the recipient official holds 
  4.3   office; 
  4.4      (8) admission, food, or beverage exceeding $5 but not 
  4.5   exceeding $25 in total cost, provided that it is given at an 
  4.6   event away from the offices of the governmental entity in which 
  4.7   the recipient official holds office and that it must be reported 
  4.8   quarterly to the ethical practices board by the gift giver, at 
  4.9   the times and including the information required for lobbyist 
  4.10  reports in section 10A.04, subdivisions 2 and 4, paragraph (c), 
  4.11  and by the recipient official, as part of the economic interest 
  4.12  statement required under section 10A.09 and including the amount 
  4.13  and nature of the gift, the name and address of the gift giver, 
  4.14  and the date the gift was given; 
  4.15     (9) food or a beverage given, at a reception, meal, or 
  4.16  meeting away from the recipient's place of work offices of the 
  4.17  governmental entity in which the recipient official holds 
  4.18  office, by an organization before whom the recipient appears to 
  4.19  make a speech or answer questions as part of a program., and 
  4.20  reasonable travel and lodging expenses actually incurred and 
  4.21  necessary for participation in the program; or 
  4.22     (10) tickets or admission passes to an event given by the 
  4.23  producer or sponsor of the event held at a publicly owned or 
  4.24  operated facility, civic center, or facility of the metropolitan 
  4.25  sports facilities commission or Minnesota amateur sports 
  4.26  commission, to a member of the governing board, officer, staff 
  4.27  member, or employee of the facility for the exclusive purpose of 
  4.28  providing access to the recipient in the performance of the 
  4.29  recipient's duties, for the purpose of assisting the facility in 
  4.30  conducting normal, reasonable, and necessary business activities 
  4.31  of the facility for the benefit of the facility in advertising 
  4.32  or enhancing attendance at the events in the facility, provided, 
  4.33  however, that a board member, official, or employee of the 
  4.34  facility who receives the tickets or passes may not give, or 
  4.35  request another to give, a ticket or pass to any official as 
  4.36  defined by this section or local official as defined by section 
  5.1   471.895, other than another official or employee of the facility.
  5.2      (b) The prohibitions in this section do not apply if the 
  5.3   gift is given: 
  5.4      (1) because of the recipient's membership in a group, a 
  5.5   majority of whose members are not officials, and an equivalent 
  5.6   gift is given or offered to the other members of the group; or 
  5.7      (2) by a statewide or multistate organization of 
  5.8   governmental units or public officials to a participant in a 
  5.9   conference, seminar, meeting, or trip sponsored by that 
  5.10  organization, even if the gift to the official was made possible 
  5.11  by a gift to the organization by a lobbyist or principal; 
  5.12     (3) by a lobbyist or principal who is a member of the 
  5.13  family of the recipient, unless the gift is given on behalf of 
  5.14  someone who is not a member of that family; or 
  5.15     (4) to an official who acts only as the agent for the giver 
  5.16  in making a gift to a foreign dignitary. 
  5.17     (c) If an employer makes a gift in the normal course of 
  5.18  employment to an employee, and an official benefits from the 
  5.19  gift as a member of the employee's family, the prohibitions in 
  5.20  this section do not apply. 
  5.21     Sec. 4.  Minnesota Statutes 1994, section 10A.34, is 
  5.22  amended to read: 
  5.23     10A.34 [REMEDIES.] 
  5.24     Subdivision 1.  A person charged with a duty under sections 
  5.25  10A.02 to 10A.34 this chapter or section 471.895 shall be 
  5.26  personally liable for the penalty for failing to discharge it. 
  5.27     Subd. 1a.  The board may bring an action in the district 
  5.28  court in Ramsey county to recover any late filing fee imposed 
  5.29  pursuant to any provision of this chapter.  All money recovered 
  5.30  shall be deposited in the general fund of the state. 
  5.31     Subd. 2.  The board or a county attorney may seek an 
  5.32  injunction in the district court to enforce the provisions of 
  5.33  sections 10A.02 to 10A.34 this chapter or section 471.895. 
  5.34     Subd. 3.  Unless otherwise provided, a violation of 
  5.35  sections 10A.02 to 10A.34 this chapter or section 471.895 is not 
  5.36  a crime, but is subject to a civil penalty imposed by the board, 
  6.1   or through a civil action brought in district court by the 
  6.2   county attorney, in an amount up to $100 for the first offense 
  6.3   and up to $500 for any subsequent offense. 
  6.4      Sec. 5.  Minnesota Statutes 1994, section 471.895, is 
  6.5   amended to read: 
  6.6      471.895 [CERTAIN GIFTS BY INTERESTED PERSONS PROHIBITED.] 
  6.7      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  6.8   subdivision apply to this section. 
  6.9      (b) "Family" and "gift" has have the meaning meanings 
  6.10  given it them in section 10A.071, subdivision 1. 
  6.11     (c) "Interested person" means a person or a representative 
  6.12  of a person or association that has a direct financial interest 
  6.13  in a decision that a local official is authorized to 
  6.14  make. "Local governmental unit" means a school district, a 
  6.15  county, a statutory or home rule charter city, or an agency, 
  6.16  authority, or instrumentality of a county or city.  
  6.17     (d) "Local official" means an elected or appointed official 
  6.18  of a county or city or of an agency, authority, or 
  6.19  instrumentality of a county or city local governmental unit, a 
  6.20  person serving on the governing board of a local governmental 
  6.21  unit, or an employee of a local governmental unit whose job has 
  6.22  been designated by the governing board of the unit under 
  6.23  subdivision 2a. 
  6.24     (e) "Special interest" means a direct financial interest of 
  6.25  greater consequence to the person than the general interest of 
  6.26  all residents or taxpayers of the local governmental unit. 
  6.27     Subd. 2.  [PROHIBITION.] An interested person may not give 
  6.28  a gift or request another to give a gift to a local official.  A 
  6.29  local official may not accept a gift from an interested person.  
  6.30  A person, or a representative of a person, who has a special 
  6.31  interest in a decision or action of a local governmental unit 
  6.32  may not give a gift, or request another to give a gift, to a 
  6.33  local official of the governmental unit.  A local official may 
  6.34  not accept a gift prohibited by this section. 
  6.35     Subd. 2a.  [DESIGNATION OF EMPLOYEES.] (a) The governing 
  6.36  board of the local governmental unit shall designate the job 
  7.1   positions whose occupants are prohibited from receiving gifts 
  7.2   under this section.  The designation must be made at the 
  7.3   organizational meeting of the governing board, or as soon 
  7.4   thereafter as practicable, and may be amended at any time.  The 
  7.5   designation is not a term and condition of employment for 
  7.6   purposes of chapter 179A. 
  7.7      (b) The governing board shall designate each job that has 
  7.8   nonministerial authority with respect to decisions or actions of 
  7.9   the local governmental unit on the following matters:  (i) 
  7.10  contracts, contract specifications, or contractor selection for 
  7.11  contracts involving the purchase, lease, or rental of supplies, 
  7.12  materials, or equipment, the purchase or sale of services, the 
  7.13  investment of public money, or the construction, alteration, 
  7.14  repair, or maintenance of property; (ii) the expenditure or 
  7.15  investment of public money; (iii) the issuance of public debt; 
  7.16  (iv) the raising of public revenue; (v) the assessment of 
  7.17  property; or (vi) the exercise of the police power. 
  7.18     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  7.19  section do not apply if the gift is: 
  7.20     (1) a contribution as defined in section 10A.01, 
  7.21  subdivision 7, or 211A.01, subdivision 5, or as defined by 
  7.22  federal law for contributions to candidates for federal offices; 
  7.23     (2) services to assist an official in the performance of 
  7.24  official duties, including, but not limited to, providing 
  7.25  advice, consultation, information, and communication in 
  7.26  connection with legislation, and services to constituents; 
  7.27     (3) services of insignificant monetary value; 
  7.28     (4) a plaque or similar memento recognizing individual 
  7.29  services in a field of specialty or to a charitable cause; 
  7.30     (5) a trinket or memento of insignificant value; 
  7.31     (6) informational material of unexceptional value; or 
  7.32     (7) food or a nonalcoholic beverage not exceeding $5 in 
  7.33  total cost, given by a host as part of ordinary office 
  7.34  hospitality or at a meeting away from the offices of the 
  7.35  governmental entity in which the recipient official holds 
  7.36  office; 
  8.1      (8) admission, food, or beverage exceeding $5 but not 
  8.2   exceeding $25 in total cost, provided that it is given at an 
  8.3   event away from the offices of the governmental entity in which 
  8.4   the recipient official holds office and that it must be reported 
  8.5   quarterly to the local governmental unit by the recipient 
  8.6   official and by the gift giver; 
  8.7      (9) food or a beverage given, at a reception, meal, or 
  8.8   meeting away from the recipient's place of work offices of the 
  8.9   governmental entity in which the recipient official holds 
  8.10  office, by an organization before whom the recipient appears to 
  8.11  make a speech or answer questions as part of a program., and 
  8.12  reasonable travel and lodging expenses actually incurred and 
  8.13  necessary for participation in the program; or 
  8.14     (10) tickets or admission passes to an event given by the 
  8.15  producer or sponsor of the event held at a publicly owned or 
  8.16  operated facility, civic center, or facility of the metropolitan 
  8.17  sports facilities commission or Minnesota amateur sports 
  8.18  commission, to a member of the governing board, officer, staff 
  8.19  member, or employee of the facility for the exclusive purpose of 
  8.20  providing access to the recipient in the performance of the 
  8.21  recipient's duties, for the purpose of assisting the facility in 
  8.22  conducting normal, reasonable, and necessary business activities 
  8.23  of the facility for the benefit of the facility in advertising 
  8.24  or enhancing attendance at the events in the facility, provided, 
  8.25  however, that a board member, official, or employee of the 
  8.26  facility who receives the tickets or passes may not give, or 
  8.27  request another to give, a ticket or pass to any local official 
  8.28  as defined by this section or official as defined by section 
  8.29  10A.071, other than another official or employee of the facility.
  8.30     (b) The prohibitions in this section do not apply if the 
  8.31  gift is given: 
  8.32     (1) because of the recipient's membership in a group, a 
  8.33  majority of whose members are not local officials, and an 
  8.34  equivalent gift is given or offered to the other members of the 
  8.35  group; or 
  8.36     (2) by a statewide or multistate organization of 
  9.1   governmental units or public officials to participants in a 
  9.2   conference, seminar, meeting, or trip sponsored by that 
  9.3   organization, even if the gift to the local official was made 
  9.4   possible by a gift to the organization by a person with a 
  9.5   special interest; 
  9.6      (3) by an interested a person with a special interest who 
  9.7   is a member of the family of the recipient, unless the gift is 
  9.8   given on behalf of someone who is not a member of that family; 
  9.9   or 
  9.10     (4) to a local official who acts only as the agent for the 
  9.11  giver in making a gift to a foreign dignitary. 
  9.12     (c) If an employer makes a gift in the normal course of 
  9.13  employment to an employee, and a local official benefits from 
  9.14  the gift as a member of the employee's family, the prohibitions 
  9.15  in this section do not apply. 
  9.16     Subd. 4.  [METROPOLITAN LOCAL OFFICIAL.] The requirements 
  9.17  of section 10A.071 apply to gifts to metropolitan local 
  9.18  officials, in addition to the requirements of this section.  
  9.19  "Metropolitan local official" means a local official of the 
  9.20  following:  one of the seven counties in the metropolitan area 
  9.21  as defined in section 473.121, subdivision 2; a regional 
  9.22  railroad authority established by a metropolitan county under 
  9.23  section 398A.03; a city with a population of over 50,000 located 
  9.24  in the metropolitan area; or an agency, authority, or 
  9.25  instrumentality of one of these counties or cities. 
  9.26     Sec. 6.  [EFFECTIVE DATE.] 
  9.27     This act is effective the day following final enactment.