1998 Minnesota Statutes

     10A.09 Statements of economic interest. 

    Subdivision 1.    Time for filing.  Except for a 
 candidate for elective office in the judicial branch, an 
 individual shall file a statement of economic interest with the 
 board: 

    (1) within 60 days of accepting employment as a public 
 official or a local official in a metropolitan governmental 
 unit; 

    (2) within 14 days after filing an affidavit of candidacy 
 or petition to appear on the ballot for an elective public 
 office or an elective local office in a metropolitan 
 governmental unit; 

    (3) in the case of a public official requiring the advice 
 and consent of the senate, within 14 days after undertaking the 
 duties of office; or 

    (4) in the case of members of the Minnesota racing 
 commission, the director of the Minnesota racing commission, 
 chief of security, medical officer, inspector of pari-mutuels, 
 and stewards employed or approved by the commission or persons 
 who fulfill those duties under contract, within 60 days of 
 accepting or assuming duties. 

    Subd. 2.    Notification.  The secretary of state or the 
 appropriate county auditor, upon receiving an affidavit of 
 candidacy or petition to appear on the ballot from an individual 
 required by this section to file a statement of economic 
 interest, and any official who nominates or employs a public or 
 local official required by this section to file a statement of 
 economic interest, shall notify the board of the name of the 
 individual required to file a statement and the date of the 
 affidavit, petition, or nomination. 

    Subd. 3.    Notice of filing.  The board shall notify 
 the secretary of state or the appropriate county auditor and, 
 when necessary in the case of appointive office, the presiding 
 officer of the house that will approve or disapprove the 
 nomination, of the name of the individual who has filed a 
 statement of economic interest with the board, a copy of the 
 statement, and the date on which the statement was filed. 

    Subd. 4. Repealed, 1978 c 463 s 109 

    Subd. 5.    Form.  A statement of economic interest 
 required by this section shall be on a form prescribed by the 
 board.  The individual filing shall provide the following 
 information: 

    (a)  Name, address, occupation and principal place of 
 business; 

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

    (c) 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, and which interest is valued in excess of $2,500; or 
 (ii) an option to buy, which property has a fair market value of 
 $50,000 or more; 

    (d) 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, which 
 property has a fair market value of $50,000 or more.  Any 
 listing under clause (c) or (d) shall indicate the street 
 address and the municipality or the section, township, range and 
 approximate acreage, whichever applies, and the county wherein 
 the property is located; and 

    (e) A listing of any investments, ownership, or interests 
 in property connected with pari-mutuel horse racing in the 
 United States and Canada, including a race horse, in which the 
 individual directly or indirectly holds a partial or full 
 interest or an immediate family member holds a partial or full 
 interest. 

    Subd. 6.    Supplementary statement.  Each individual 
 who is required to file a statement of economic interest shall 
 file a supplementary statement on April 15 of each year that the 
 individual remains in office if information on the most recently 
 filed statement has changed.  The supplementary statement, if 
 required, shall include the amount of each honorarium in excess 
 of $50 received since the previous statement, together with the 
 name and address of the source of the honorarium.  A statement 
 of economic interest submitted by an officeholder shall be filed 
 with the statement submitted as a candidate. 

    Subd. 6a.    Local officials.  A local official required 
 to file a statement under this section shall file it with the 
 governing body of the official's political subdivision.  The 
 governing body shall maintain statements filed with it under 
 this subdivision as public data. 

    Subd. 7.    Late filing.  The board shall notify by 
 certified mail or personal service any individual who fails 
 within the prescribed time to file a statement of economic 
 interest required by this section.  If an individual fails to 
 file a statement within seven days after receiving this notice, 
 the board may impose a late filing fee of $5 per day, not to 
 exceed $100, commencing on the eighth day after receiving 
 notice.  The board shall further notify by certified mail or 
 personal service any individual who fails to file a statement 
 within 21 days after receiving a first notice that the 
 individual may be subject to a criminal penalty for failure to 
 file a statement.  An individual who fails to file a statement 
 within seven days after a second notice is guilty of a 
 misdemeanor. 

    Subd. 8.    Failure to file; suspension.  Any public 
 official, except a member of the legislature or a constitutional 
 officer, who is required to file a statement of economic 
 interest and fails to do so by the prescribed deadline shall be 
 suspended without pay by the board in the manner prescribed in 
 the contested case procedures in chapter 14. 

    HIST: 1974 c 470 s 9; 1975 c 271 s 6; 1976 c 307 s 11; 1978 c 
 463 s 35-37; 1982 c 424 s 130; 1983 c 214 s 30,31; 1983 c 305 s 
 3,4; 1986 c 444; 1989 c 334 art 6 s 2; 1990 c 608 art 2 s 2-4; 
 1991 c 233 s 109; 1997 c 202 art 2 s 6