HF 111

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; clarifying that 
  1.3             executive branch constitutional officers are subject 
  1.4             to the code of ethics; prohibiting executive branch 
  1.5             constitutional officers from engaging in outside work; 
  1.6             adding to the definition of malfeasance for purposes 
  1.7             of the recall of elected executive branch officials; 
  1.8             amending Minnesota Statutes 2000, sections 43A.38, 
  1.9             subdivisions 1, 6, and 7; 211C.01, subdivision 2; and 
  1.10            211C.07; proposing coding for new law in Minnesota 
  1.11            Statutes, chapter 43A. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 43A.38, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [DEFINITIONS.] For the purpose of this 
  1.16  section the following definitions shall apply: 
  1.17     (a) "Business" means any corporation, partnership, 
  1.18  proprietorship, firm, enterprise, franchise, association, 
  1.19  organization, self-employed individual or any other legal entity 
  1.20  which engages either in nonprofit or profit making activities. 
  1.21     (b) "Confidential information" means any information 
  1.22  obtained under government authority which has not become part of 
  1.23  the body of public information and which, if released 
  1.24  prematurely or in nonsummary form, may provide unfair economic 
  1.25  advantage or adversely affect the competitive position of an 
  1.26  individual or a business. 
  1.27     (c) "Employee" has the meaning given in section 43A.02, 
  1.28  subdivision 21, and includes an executive officer listed in 
  2.1   article V, section 1, of the Minnesota Constitution. 
  2.2      (d) "Private interest" means any interest, including but 
  2.3   not limited to a financial interest, which pertains to a person 
  2.4   or business whereby the person or business would gain a benefit, 
  2.5   privilege, exemption or advantage from the action of a state 
  2.6   agency or employee that is not available to the general public. 
  2.7      Sec. 2.  Minnesota Statutes 2000, section 43A.38, 
  2.8   subdivision 6, is amended to read: 
  2.9      Subd. 6.  [DETERMINATION OF CONFLICTS OF INTEREST.] When an 
  2.10  employee believes the potential for a conflict of interest 
  2.11  exists, it is the employee's duty to avoid the situation.  A 
  2.12  conflict of interest shall be deemed to exist when a review of 
  2.13  the situation by the employee, the appointing authority or the 
  2.14  commissioner determines any one of the following conditions to 
  2.15  be present: 
  2.16     (a) the use for private gain or advantage of state time, 
  2.17  facilities, equipment or supplies or badge, uniform, prestige or 
  2.18  influence of state office or employment; 
  2.19     (b) receipt or acceptance by the employee of any money or 
  2.20  other thing of value from anyone other than the state for the 
  2.21  performance of an act which the employee would be required or 
  2.22  expected to perform in the regular course or hours of state 
  2.23  employment or as part of the duties as an employee; 
  2.24     (c) employment by a business which is subject to the direct 
  2.25  or indirect control, inspection, review, audit or enforcement by 
  2.26  the employee; 
  2.27     (d) the performance of an act in other than the employee's 
  2.28  official capacity which may later be subject directly or 
  2.29  indirectly to the control, inspection, review, audit or 
  2.30  enforcement by the employee.  
  2.31     The attorney general, instead of the commissioner, shall 
  2.32  make determinations concerning potential conflicts of interest 
  2.33  for an executive officer listed in article V, section 1, of the 
  2.34  Minnesota Constitution.  The governor, instead of the 
  2.35  commissioner, shall make determinations concerning potential 
  2.36  conflicts of interest for the attorney general. 
  3.1      Sec. 3.  Minnesota Statutes 2000, section 43A.38, 
  3.2   subdivision 7, is amended to read: 
  3.3      Subd. 7.  [RESOLUTION OF CONFLICT OF INTEREST.] (a) This 
  3.4   paragraph applies to an employee other than an executive officer 
  3.5   listed in article V, section 1, of the Minnesota Constitution.  
  3.6   If the employee, appointing authority or commissioner determine 
  3.7   that a conflict of interest exists, the matter shall be assigned 
  3.8   to another employee who does not have a conflict of interest.  
  3.9   If it is not possible to assign the matter to an employee who 
  3.10  does not have a conflict of interest, interested persons shall 
  3.11  be notified of the conflict and the employee may proceed with 
  3.12  the assignment.  
  3.13     (b) An executive officer listed in article V, section 1, of 
  3.14  the Minnesota Constitution must attempt to avoid or mitigate a 
  3.15  potential conflict of interest to the greatest extent 
  3.16  practicable. 
  3.17     Sec. 4.  [43A.385] [PROHIBITION ON OUTSIDE WORK.] 
  3.18     An executive officer listed in article V, section 1, of the 
  3.19  Minnesota Constitution may not engage in activity, other than 
  3.20  the duties of the constitutional office, in which the officer 
  3.21  receives income:  (1) from the conduct of a trade or business; 
  3.22  or (2) from providing personal, professional, or other services 
  3.23  as an employee, as an independent contractor, or through 
  3.24  self-employment. 
  3.25     Sec. 5.  Minnesota Statutes 2000, section 211C.01, 
  3.26  subdivision 2, is amended to read: 
  3.27     Subd. 2.  [MALFEASANCE.] "Malfeasance" means the 
  3.28  intentional commission of an unlawful or wrongful act by a state 
  3.29  officer other than a judge in the performance of the officer's 
  3.30  duties that is substantially outside the scope of the authority 
  3.31  of the officer and that substantially infringes on the rights of 
  3.32  any person or entity.  "Malfeasance" also means a violation of 
  3.33  section 43A.38 by an executive officer listed in article V, 
  3.34  section 1, of the Minnesota Constitution.  
  3.35     Sec. 6.  Minnesota Statutes 2000, section 211C.07, is 
  3.36  amended to read: 
  4.1      211C.07 [GOVERNOR; WRIT OF ELECTION; ELECTION.] 
  4.2      Within five days of receiving certification of a petition 
  4.3   under section 211C.06, the governor shall issue a writ calling 
  4.4   for a recall election, unless the election cannot be held before 
  4.5   the deadline specified in the Minnesota Constitution, article 
  4.6   VIII, section 6.  The secretary of state shall issue the writ if 
  4.7   the governor is the subject of the petition certified under 
  4.8   section 211C.06.  A recall election must be conducted, and the 
  4.9   results canvassed and returned, in the manner provided by law 
  4.10  for the state general election. 
  4.11     Sec. 7.  [EFFECTIVE DATE.] 
  4.12     Sections 1 to 6 are effective the day following final 
  4.13  enactment, and apply to activities engaged in on or after that 
  4.14  date.