SF 1643

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

  1.1                          A bill for an act 
  1.2             relating to ethics in government; making advisory 
  1.3             opinions public data; clarifying certain definitions 
  1.4             and prohibitions; clarifying and authorizing 
  1.5             exceptions to the ban on gifts; authorizing civil 
  1.6             penalties; amending Minnesota Statutes 1996, sections 
  1.7             10A.01, subdivision 18; 10A.02, subdivision 12; 
  1.8             10A.071; 10A.29; and 471.895. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 10A.01, 
  1.11  subdivision 18, is amended to read: 
  1.12     Subd. 18.  [PUBLIC OFFICIAL.] "Public official" means any: 
  1.13     (a) member of the legislature; 
  1.14     (b) constitutional officer in the executive branch and the 
  1.15  officer's chief administrative deputy; 
  1.16     (c) member, chief administrative officer or deputy chief 
  1.17  administrative officer of a state board or commission which has 
  1.18  at least one of the following powers:  (i) the power to adopt, 
  1.19  amend or repeal rules, or (ii) the power to adjudicate contested 
  1.20  cases or appeals; 
  1.21     (d) commissioner, deputy commissioner, or assistant 
  1.22  commissioner of any state department as designated pursuant to 
  1.23  section 15.01; 
  1.24     (e) individual employed in the executive branch who is 
  1.25  authorized to adopt, amend or repeal rules or adjudicate 
  1.26  contested cases; 
  1.27     (f) executive director of the state board of investment; 
  2.1      (g) executive director of the Indian affairs intertribal 
  2.2   board; 
  2.3      (h) commissioner of the iron range resources and 
  2.4   rehabilitation board; 
  2.5      (i) commissioner of mediation services; 
  2.6      (j) deputy of any official listed in clauses (e) to (i); 
  2.7      (k) judge of the workers' compensation court of appeals; 
  2.8      (l) administrative law judge or compensation judge in the 
  2.9   state office of administrative hearings or referee in the 
  2.10  department of economic security; 
  2.11     (m) solicitor general or deputy, assistant or special 
  2.12  assistant attorney general; 
  2.13     (n) individual employed by the legislature as secretary of 
  2.14  the senate, legislative auditor, chief clerk of the house, 
  2.15  revisor of statutes, or researcher, legislative analyst, or 
  2.16  attorney in the office of senate counsel and research or house 
  2.17  research; 
  2.18     (o) member, regional administrator, division director, 
  2.19  general counsel, or operations manager of the metropolitan 
  2.20  council; 
  2.21     (p) the director of the racing commission, the director of 
  2.22  the gambling control board, the director of the state lottery, 
  2.23  and the deputy director of the state lottery; 
  2.24     (q) director of the division of gambling enforcement in the 
  2.25  department of public safety; 
  2.26     (r) member or executive director of the higher education 
  2.27  facilities authority; 
  2.28     (s) member of the board of directors or president of the 
  2.29  Minnesota world trade center corporation or Minnesota 
  2.30  Technology, Inc.; 
  2.31     (t) member of the board of directors or executive director 
  2.32  of the Minnesota state high school league; or 
  2.33     (t) (u) member or chief administrator of a metropolitan 
  2.34  agency. 
  2.35     Sec. 2.  Minnesota Statutes 1996, section 10A.02, 
  2.36  subdivision 12, is amended to read: 
  3.1      Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  3.2   publish advisory opinions on the requirements of this chapter 
  3.3   based upon real or hypothetical situations.  An application for 
  3.4   an advisory opinion may be made only by an individual or 
  3.5   association who wishes to use the opinion to guide the 
  3.6   individual's or the association's own conduct.  The board shall 
  3.7   issue written opinions on all such questions submitted to it 
  3.8   within 30 days after receipt of written application, unless a 
  3.9   majority of the board agrees to extend the time limit.  
  3.10     (b) A written advisory opinion issued by the board is 
  3.11  binding on the board in any subsequent board proceeding 
  3.12  concerning the person making or covered by the request and is a 
  3.13  defense in a judicial proceeding that involves the subject 
  3.14  matter of the opinion and is brought against the person making 
  3.15  or covered by the request unless: 
  3.16     (1) the board has amended or revoked the opinion before the 
  3.17  initiation of the board or judicial proceeding, has notified the 
  3.18  person making or covered by the request of its action, and has 
  3.19  allowed at least 30 days for the person to do anything that 
  3.20  might be necessary to comply with the amended or revoked 
  3.21  opinion; 
  3.22     (2) the request has omitted or misstated material facts; or 
  3.23     (3) the person making or covered by the request has not 
  3.24  acted in good faith in reliance on the opinion. 
  3.25     (c) A request for an opinion and the opinion itself are 
  3.26  nonpublic data.  The board, however, may publish an opinion or a 
  3.27  summary of an opinion, but may not include in the publication 
  3.28  the name of the requester, the name of a person covered by a 
  3.29  request from an agency or political subdivision, or any other 
  3.30  information that might identify the requester unless the person 
  3.31  consents to the inclusion. 
  3.32     Sec. 3.  Minnesota Statutes 1996, section 10A.071, is 
  3.33  amended to read: 
  3.34     10A.071 [CERTAIN GIFTS BY LOBBYISTS AND PRINCIPALS 
  3.35  PROHIBITED.] 
  3.36     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  4.1   subdivision apply to this section. 
  4.2      (b) "Family" means all the members of a household living 
  4.3   under one roof.  It also means the spouse or former spouse of an 
  4.4   individual and the individual's siblings and lineal ascendants 
  4.5   and descendants, by marriage, birth, or adoption.  
  4.6      (c) "Gift" means money, real or personal property, a 
  4.7   service, a loan, or a forbearance or forgiveness of 
  4.8   indebtedness, or a promise of future employment, that is given 
  4.9   and received without the giver receiving consideration of equal 
  4.10  or greater value in return. 
  4.11     (c) (d) "Official" means a public official, or an employee 
  4.12  of the legislature, or a local official of a metropolitan 
  4.13  governmental unit. 
  4.14     Subd. 2.  [PROHIBITION.] A lobbyist or principal may not 
  4.15  give a gift or request another to give a gift to an official.  
  4.16  An official may not accept a gift from a lobbyist or principal.  
  4.17  An individual is subject to the requirements of this section by 
  4.18  virtue of being an officer, employee, or member of an 
  4.19  association that is a principal only when acting as an agent or 
  4.20  on behalf of the association.  
  4.21     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  4.22  section do not apply if the gift is: 
  4.23     (1) a contribution as defined in section 10A.01, 
  4.24  subdivision 7, or 211A.01, subdivision 5, or as defined by 
  4.25  federal law for contributions to candidates for federal offices; 
  4.26     (2) services to assist an the official in the performance 
  4.27  of official duties, including but not limited to providing 
  4.28  advice, consultation, information, and communication in 
  4.29  connection with legislation, and services to constituents; 
  4.30     (3) services of insignificant monetary value; 
  4.31     (4) a plaque or similar memento recognizing individual 
  4.32  services in a field of specialty or to a charitable cause; 
  4.33     (5) a trinket or memento of insignificant value; 
  4.34     (6) informational material of unexceptional insignificant 
  4.35  value or that will assist the official in the performance of 
  4.36  official duties; or 
  5.1      (7) a cup of coffee or other refreshments not to exceed $5 
  5.2   in value given by a host as part of ordinary office hospitality 
  5.3   or at a meeting away from the offices of the governmental entity 
  5.4   in which the recipient official holds office; 
  5.5      (8) food or a beverage given at a reception, meal, or 
  5.6   meeting away from the recipient's place of work offices of the 
  5.7   governmental entity in which the recipient official holds office 
  5.8   by an organization before whom the recipient appears to make a 
  5.9   speech or answer questions as part of a program, and reasonable 
  5.10  travel and lodging expenses actually incurred and necessary to 
  5.11  participate in the program; or 
  5.12     (9) food or a beverage not to exceed $40 in value given by 
  5.13  a host at a family event such as a wedding or graduation. 
  5.14     (b) The prohibitions in this section do not apply if the 
  5.15  gift is given: 
  5.16     (1) because of the recipient's membership in a group, a 
  5.17  majority of whose members are not officials, and an equivalent 
  5.18  gift is given or offered to the other members of the group; or 
  5.19     (2) by a national or multistate organization of 
  5.20  governmental organizations or public officials, if a majority of 
  5.21  the dues to the organization are paid from public funds, to a 
  5.22  participant in a conference, seminar, meeting, or trip sponsored 
  5.23  by that organization, if an equivalent gift is given or offered 
  5.24  to all other participants, even if the gift to the official was 
  5.25  made possible by a gift to the organization by a lobbyist or 
  5.26  principal; 
  5.27     (3) to an official attending the national convention of a 
  5.28  major political party or the inauguration of the president of 
  5.29  the United States; 
  5.30     (4) to a statewide organization of governmental units to 
  5.31  underwrite the general operating costs of the organization or a 
  5.32  conference or seminar sponsored by the organization; 
  5.33     (5) by a lobbyist or principal who is a member of the 
  5.34  family of the recipient, unless the gift is given on behalf of 
  5.35  someone who is not a member of that family.; 
  5.36     (6) by a lobbyist or principal as a contribution of a prize 
  6.1   or money to purchase a prize for an event that is designed to 
  6.2   benefit an organization that qualifies under section 501(c)(3) 
  6.3   of the Internal Revenue Code of 1986; or 
  6.4      (7) to an official who acts only as the agent for the giver 
  6.5   in making a gift to a foreign dignitary. 
  6.6      (c) If an employer makes a gift in the normal course of 
  6.7   employment to an employee, and an official benefits from the 
  6.8   gift as a member of the employee's family, the prohibitions in 
  6.9   this section do not apply. 
  6.10     Subd. 4.  [RETURN OF GIFT.] An official who accepts a gift 
  6.11  in a good faith belief that it is lawful and returns it or gives 
  6.12  consideration of equal or greater value for it promptly upon 
  6.13  learning that it was not lawful is not subject to a penalty for 
  6.14  violating this section. 
  6.15     Sec. 4.  Minnesota Statutes 1996, section 10A.29, is 
  6.16  amended to read: 
  6.17     10A.29 [CIRCUMVENTION PROHIBITED.] 
  6.18     Any attempt by an individual or association to circumvent 
  6.19  the provisions of this chapter by redirecting funds or giving a 
  6.20  gift through, or contributing funds or giving a gift on behalf 
  6.21  of, another individual or association is a gross misdemeanor. 
  6.22     Sec. 5.  Minnesota Statutes 1996, section 471.895, is 
  6.23  amended to read: 
  6.24     471.895 [CERTAIN GIFTS BY INTERESTED PERSONS PROHIBITED.] 
  6.25     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  6.26  subdivision apply to this section. 
  6.27     (b) "Family" and "gift" has have the meaning meanings 
  6.28  given it them in section 10A.071, subdivision 1. 
  6.29     (c) "Interested person" means a person or a representative 
  6.30  of a person or association that has a direct financial interest 
  6.31  in a decision that a the local official receiving a gift from 
  6.32  the person is authorized to make.  To be "direct," the financial 
  6.33  interest of the giver must be of greater consequence to the 
  6.34  giver than the general interest of all residents or taxpayers of 
  6.35  the official's governmental unit. 
  6.36     (d) "Local governmental unit" means a county or a statutory 
  7.1   or home rule charter city.  
  7.2      (e) "Local official" means an elected or appointed official 
  7.3   of a county or city or of an agency, authority, or 
  7.4   instrumentality of a county or city.: 
  7.5      (1) a person holding elected office in a local governmental 
  7.6   unit; 
  7.7      (2) a person holding an appointive office as a member of a 
  7.8   board, agency, authority, or instrumentality of the local 
  7.9   governmental unit; 
  7.10     (3) the chief administrator or deputy administrator of a 
  7.11  department, board, agency, authority, or instrumentality of the 
  7.12  local governmental unit; or 
  7.13     (4) an attorney of the local governmental unit. 
  7.14     Subd. 2.  [PROHIBITION.] An interested person may not give 
  7.15  a gift or request another to give a gift to a local official.  A 
  7.16  local official may not accept a gift from an interested person.  
  7.17     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  7.18  section do not apply if the gift is: 
  7.19     (1) a contribution as defined in section 10A.01, 
  7.20  subdivision 7, or 211A.01, subdivision 5, or as defined by 
  7.21  federal law for contributions to candidates for federal offices; 
  7.22     (2) services to assist an the official in the performance 
  7.23  of official duties, including but not limited to providing 
  7.24  advice, consultation, information, and communication in 
  7.25  connection with legislation, and services to constituents; 
  7.26     (3) services of insignificant monetary value; 
  7.27     (4) a plaque or similar memento recognizing individual 
  7.28  services in a field of specialty or to a charitable cause; 
  7.29     (5) a trinket or memento of insignificant value; 
  7.30     (6) informational material of unexceptional insignificant 
  7.31  value or that will assist the official in the performance of 
  7.32  official duties; or 
  7.33     (7) a cup of coffee or other refreshments not to exceed $5 
  7.34  in value given by a host as part of ordinary office hospitality 
  7.35  or at a meeting away from the offices of the governmental entity 
  7.36  in which the recipient official holds office; 
  8.1      (8) food or a beverage given at a reception, meal, or 
  8.2   meeting away from the recipient's place of work offices of the 
  8.3   governmental entity in which the recipient official holds office 
  8.4   by an organization before whom the recipient appears to make a 
  8.5   speech or answer questions as part of a program, and reasonable 
  8.6   travel and lodging expenses actually incurred and necessary for 
  8.7   participation in the program; or 
  8.8      (9) food or a beverage not to exceed $40 in value given by 
  8.9   a host at a family event such as a wedding or graduation. 
  8.10     (b) The prohibitions in this section do not apply if the 
  8.11  gift is given: 
  8.12     (1) because of the recipient's membership in a group, a 
  8.13  majority of whose members are not local officials, and an 
  8.14  equivalent gift is given or offered to the other members of the 
  8.15  group; or 
  8.16     (2) by a national or multistate organization of 
  8.17  governmental organizations or public officials, if a majority of 
  8.18  the dues to the organization are paid from public funds, to 
  8.19  participants in a conference, seminar, meeting, or trip 
  8.20  sponsored by that organization, if an equivalent gift is given 
  8.21  or offered to all other participants, even if the gift to the 
  8.22  local official was made possible by a gift to the organization 
  8.23  by an interested person; 
  8.24     (3) to a local official attending the national convention 
  8.25  of a major political party or the inauguration of the president 
  8.26  of the United States; 
  8.27     (4) to a statewide organization of governmental units to 
  8.28  underwrite the general operating costs of the organization or a 
  8.29  conference or seminar sponsored by the organization; 
  8.30     (5) by an interested person who is a member of the family 
  8.31  of the recipient, unless the gift is given on behalf of someone 
  8.32  who is not a member of that family.; 
  8.33     (6) by an interested person as a contribution of a prize or 
  8.34  money to purchase a prize for an event that is designed to 
  8.35  benefit an organization that qualifies under section 501(c)(3) 
  8.36  of the Internal Revenue Code of 1986; or 
  9.1      (7) to a local official who acts only as the agent for the 
  9.2   giver in making a gift to a foreign dignitary. 
  9.3      (c) If an employer makes a gift in the normal course of 
  9.4   employment to an employee, and a local official benefits from 
  9.5   the gift as a member of the employee's family, the prohibitions 
  9.6   in this section do not apply. 
  9.7      Subd. 4.  [RETURN OF GIFT.] A local official who accepts a 
  9.8   gift in a good faith belief that it is lawful and returns it or 
  9.9   gives consideration of equal or greater value for it promptly 
  9.10  upon learning that it was not lawful is not subject to a penalty 
  9.11  for violating this section. 
  9.12     Subd. 5.  [CIRCUMVENTION PROHIBITED.] Any attempt by an 
  9.13  individual or association to circumvent this section by making a 
  9.14  gift through or on behalf of another individual or association 
  9.15  is a misdemeanor. 
  9.16     Subd. 6.  [REMEDIES.] A person charged with a duty under 
  9.17  this section is personally liable for the penalty for failing to 
  9.18  discharge it.  A county attorney may seek an injunction in the 
  9.19  district court to enforce this section.  Unless otherwise 
  9.20  provided, a violation of this section is not a crime. 
  9.21     Sec. 6.  [EFFECTIVE DATE.] 
  9.22     This act is effective the day following final enactment.