Minnesota Legislature
HF 1961
as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:08pm
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A bill for an act
relating to ethics in government; expanding requirements relating to economic
disclosure and conflicts of interest; amending Minnesota Statutes 2012, section
10A.09, 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 begin Within limits of available resources, new text end the board
deleted text begin maydeleted text end new text begin mustnew text end make audits and investigationsdeleted text begin ,deleted text end new text begin with respect to the requirements of this chapter.
The board maynew 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 to 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 begin those
deleted text end new 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 end is no greater than on other members of the official's new text begin or
spouse's new text end business 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.
A statement of economic interest required by this section must be
on a form prescribed by the board. The individual filing must provide the following
informationnew text begin regarding the individual and the individual's spousenew text end :
(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 new text begin or spouse new text end 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 new text begin or spouse new text end 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 begin and
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 new text begin or spouse new text end directly or indirectly holds a partial or full interest or an
immediate family member holds a partial or full interestnew text begin ; and
new text end
new text begin (6) a listing of the business or professional activity codes from which the individual
or spouse receives compensation of more than $50 in any month as a consultant or
independent contractor. The business or professional codes reported under this clause
must be those used by the federal Internal Revenue Service for purposes of reporting
self-employment income on Schedule Cnew text end .
new text begin
The statement of economic interest must distinguish matters specified in clauses (1) to (6)
that are reported on behalf of the individual from matters reported on behalf of the spouse.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for statements of economic interest
required to be filed on or after January 1, 2015.
new text end