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Minnesota Legislature

Office of the Revisor of Statutes

HF 1961

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/28/2014 08:19am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/13/2014
1st Engrossment Posted on 03/03/2014
2nd Engrossment Posted on 03/26/2014
3rd Engrossment Posted on 04/25/2014

Current Version - 3rd Engrossment

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A bill for an act
relating to ethics in government; modifying duties of board; expanding
requirements relating to economic disclosure and conflicts of interest;
amending Minnesota Statutes 2012, sections 10A.09, subdivision 5, by adding
a subdivision; 13.607, subdivision 5; Minnesota Statutes 2013 Supplement,
sections 10A.02, subdivision 10; 10A.07, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 10,
is amended to read:


Subd. 10.

Audits and investigations.

new text beginWithin limits of available resources, new text endthe
board deleted text beginmaydeleted text endnew text begin mustnew text end make audits and investigationsdeleted text begin,deleted text endnew text begin with respect to the requirements of this
chapter. A final audit report completed under this chapter must contain the name of the
primary board employee responsible for conducting the audit. The board may
new text end impose
statutory civil penalties, and issue orders for compliance with respect to the requirements
of this chapter and provisions under the board's jurisdiction pursuant to subdivision 11. In
all matters relating to its official duties, the board has the power tonew text begin require testimony under
oath, to permit written statements to be given under oath, and to
new text end issue subpoenas and cause
them to be served. If a person does not comply with a subpoena, the board may apply to
the District Court of Ramsey County for issuance of an order compelling obedience to the
subpoena. A person failing to obey the order is punishable by the court as for contempt.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 10A.07, subdivision 1, is
amended to read:


Subdivision 1.

Disclosure of potential conflicts.

A public official or a local official
elected to or appointed by a metropolitan governmental unit who in the discharge of official
duties would be required to take an action or make a decision that would substantially
affect the official's financial interestsnew text begin, the financial interests of the official's spouse,new text end or deleted text beginthose
deleted text endnew text begin the financial interestsnew text end of an associated businessnew text begin of the official or the official's spousenew text end, unless
the effect on the official new text begin or spouse new text endis no greater than on other members of the official's new text begin or
spouse's
new text endbusiness classification, profession, or occupation, must take the following actions:

(1) prepare a written statement describing the matter requiring action or decision and
the nature of the potential conflict of interest;

(2) deliver copies of the statement to the official's immediate superior, if any; and

(3) if a member of the legislature or of the governing body of a metropolitan
governmental unit, deliver a copy of the statement to the presiding officer of the body
of service.

If a potential conflict of interest presents itself and there is insufficient time to
comply with clauses (1) to (3), the public or local official must orally inform the superior
or the official body of service or committee of the body of the potential conflict.

Sec. 3.

Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:


Subd. 5.

Form.

new text begin(a) new text endA statement of economic interest required by this section must
be on a form prescribed by the board. The individual filing must provide the following
information:

(1) name, address, occupation, and principal place of business;

(2) the name of each associated business and the nature of that association;

(3) a listing of all real property within the state, excluding homestead property, in
which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer
or seller, or an option to buy, whether direct or indirect, if the interest is valued in excess of
$2,500; or (ii) an option to buy, if the property has a fair market value of $50,000 or more;

(4) a listing of all real property within the state in which a partnership of which the
individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as
buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of
the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property
has a fair market value of $50,000 or more. A listing under clause (3) or (4) must indicate
the street address and the municipality or the section, township, range and approximate
acreage, whichever applies, and the county in which the property is located; deleted text beginand
deleted text end

(5) a listing of any investments, ownership, or interests in property connected with
pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
the individual directly or indirectly holds a partial or full interest or an immediate family
member holds a partial or full interestdeleted text begin.deleted text endnew text begin;
new text end

new text begin (6) a listing of the principal business or professional activity category of each
business from which the individual receives more than $50 in any month as an employee,
if the individual has an ownership interest of 25 percent or more in the business; and
new text end

new text begin (7) a listing of each principal business or professional activity category from which
the individual received compensation of more than $2,500 in the past 12 months as an
independent contractor.
new text end

new text begin (b) The business or professional categories for purposes of paragraph (a), clauses (6)
and (7) must be the general topic headings used by the federal Internal Revenue Service
for purposes of reporting self-employment income on Schedule C. This paragraph does
not require an individual to report any specific code number from that schedule. Any
additional principal business or professional activity category may only be adopted if
the category is enacted by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
a person who becomes a public official on or after that date, and for a person who files an
affidavit of candidacy or a petition to appear on a ballot that is subject to section 10A.09.
For a person who is a public official before the effective date of this section, this section is
effective for supplementary statements due April 15, 2015.
new text end

Sec. 4.

Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Board audits; data classification. new text end

new text begin (a) In conducting an audit of data
reported under this section, the board may require an individual to disclose the underlying
data on which the statement is based.
new text end

new text begin (b) All data related to an audit, including the existence of the audit, are classified
as confidential data, as defined in section 13.02, subdivision 3. A member, employee, or
agent of the board must not disclose information obtained by the member, employee, or
agent concerning the audit except as required to carry out the audit or take action in the
matter. Upon completion of the audit, the board's final audit report is public. The final
audit report must contain the name of the individual subject to the audit, a description of
any audit findings, a description of any responses provided by the individual who was
subject to the audit, and a description of the manner in which any findings were resolved.
new text end

Sec. 5.

Minnesota Statutes 2012, section 13.607, subdivision 5, is amended to read:


Subd. 5.

Statements of economic interest.

new text begin(a) new text endDisclosure of statements of
economic interest filed by local officials is governed by section 10A.09, subdivision 6a.

new text begin (b) Data related to audits of statements of economic interest are governed by section
10A.09, subdivision 10.
new text end