Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1961

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/26/2014 02:06pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19
1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13
2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4
4.5 4.6 4.7 4.8 4.9
4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22
4.23 4.24 4.25 4.26 4.27

A bill for an act
relating to ethics in government; 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 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 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 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.

new text begin (a) new text end 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
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 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 directly or indirectly holds a partial or full interest or an immediate family
member holds a partial or full interestdeleted text begin .deleted text end new text begin ;
new text end

new text begin (6) a listing of the principal business or professional activity code 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 code 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 following are the principal business or professional activity codes for
purposes of paragraph (a), clauses (6) and (7):
new text end

new text begin (1) accommodation, food services, and drinking places;
new text end

new text begin (2) administrative and support services;
new text end

new text begin (3) waste management and remediation services;
new text end

new text begin (4) agriculture, forestry, hunting, and fishing;
new text end

new text begin (5) gambling industries;
new text end

new text begin (6) arts, entertainment, and recreation;
new text end

new text begin (7) construction of buildings;
new text end

new text begin (8) educational services;
new text end

new text begin (9) insurance;
new text end

new text begin (10) securities and other financial services;
new text end

new text begin (11) health care and social assistance;
new text end

new text begin (12) broadcasting and telecommunications;
new text end

new text begin (13) data processing services;
new text end

new text begin (14) manufacturing;
new text end

new text begin (15) mining;
new text end

new text begin (16) personal services;
new text end

new text begin (17) repair and maintenance;
new text end

new text begin (18) professional, scientific, and technical services not listed in another clause;
new text end

new text begin (19) legal services;
new text end

new text begin (20) real estate, rental, and leasing;
new text end

new text begin (21) religious, grant-making, civic, professional, and similar organizations;
new text end

new text begin (22) retail trade;
new text end

new text begin (23) transportation and warehousing;
new text end

new text begin (24) utilities;
new text end

new text begin (25) wholesale trade;
new text end

new text begin (26) wholesale electronic markets, agents, and brokers;
new text end

new text begin (27) political consulting;
new text end

new text begin (28) public or media relations;
new text end

new text begin (29) government relations;
new text end

new text begin (30) fund-raising; and
new text end

new text begin (31) other principal business or professional activity codes specified in board rules
or advisory opinions.
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 end Disclosure 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