HF 1783

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the legislature; ethics; prohibiting 
  1.3             former legislators from lobbying the legislature for 
  1.4             one year after leaving office; establishing a fair 
  1.5             campaign practices advisory board; proposing coding 
  1.6             for new law in Minnesota Statutes, chapters 10A and 
  1.7             211B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [10A.035] [FORMER LEGISLATOR; LOBBYIST 
  1.10  RESTRICTION.] 
  1.11     For the period of one calendar year after leaving office, a 
  1.12  member of the legislature may not act as a lobbyist as defined 
  1.13  in section 10A.01, subdivision 11, with regard to attempting to 
  1.14  influence legislative action. 
  1.15     Sec. 2.  [211B.201] [FAIR CAMPAIGN PRACTICES ADVISORY 
  1.16  BOARD.] 
  1.17     Subdivision 1.  [ESTABLISHED.] The fair campaign practices 
  1.18  advisory board is created consisting of eight members appointed 
  1.19  by the governor with the advice and consent of the senate and 
  1.20  house of representatives acting separately.  The board shall 
  1.21  elect from among its members a chair, a vice-chair, and a 
  1.22  secretary.  The secretary shall keep a record of all proceedings 
  1.23  and actions of the board.  Meetings of the board shall be at the 
  1.24  call of the chair or of any five members of the board acting 
  1.25  together.  Two members must be former legislators who are not 
  1.26  from the same political party; two members must be former 
  2.1   employees of a principal campaign committee, legislative caucus, 
  2.2   or political party and must not have been affiliated with or 
  2.3   employed by the same political party; two members must be 
  2.4   individuals who have not been public officials, held any 
  2.5   political party office other than precinct delegate, or been 
  2.6   elected to public office for which party designation is provided 
  2.7   by law in the three years preceding the date of their 
  2.8   appointment; and two members must be chosen from the membership 
  2.9   of nonprofit organizations whose purpose is to promote public 
  2.10  education on election issues or reform of government processes. 
  2.11     The membership terms, compensation, and removal of members 
  2.12  of the board are governed by section 15.0575, except that the 
  2.13  extension of terms and filling of vacancies are subject to the 
  2.14  advice and consent of the legislature as provided in this 
  2.15  subdivision. 
  2.16     Subd. 2.  [COMPLAINTS; ADVISORY OPINIONS.] The board shall 
  2.17  issue advisory opinions on complaints about violations of this 
  2.18  chapter.  A complaint may be brought only by a candidate for 
  2.19  elective office and must allege a violation of this chapter.  
  2.20  The complaint must be submitted in writing to the board and to 
  2.21  the subject of the complaint.  The board shall set a hearing on 
  2.22  the complaint between seven and 14 days after receiving it, and 
  2.23  shall issue an advisory opinion on the complaint within ten days 
  2.24  after the hearing.  However, a complaint received fewer than ten 
  2.25  days before a primary, general, or special election must be 
  2.26  acted on as promptly as necessary for an advisory opinion to 
  2.27  issue before the primary or election. 
  2.28     A copy of an advisory opinion under this section must be 
  2.29  provided to the individual requesting it and to any party 
  2.30  complained of.  The board shall publish its opinions and make 
  2.31  them available for public inspection and copying.  An advisory 
  2.32  opinion is not binding on the parties or on law enforcement or 
  2.33  prosecutorial authorities.