Bill Text: MN HF136 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Public official definition expanded in campaign finance and public disclosure law, and clarifying changes provided.
Sponsorship: Moderate Partisan Bill (Democrat 13-3)
Status: (Introduced - Dead) 2013-04-17 - Second reading [HF136 Detail]
Download: Minnesota-2013-HF136-Engrossed.html
1.2relating to public disclosure; expanding the definition of public official in
1.3campaign finance and public disclosure law; providing clarifying changes;
1.4amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.07;
1.510A.071, subdivision 1; 10A.08; 10A.09, subdivision 6a, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
1.8 Subd. 35. Public official. "Public official" means any:
1.9 (1) member of the legislature;
1.10 (2) individual employed by the legislature as secretary of the senate, legislative
1.11auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
1.12legislative analyst, or attorney in the Office of Senate Counsel and Research or House
1.13Research;
1.14 (3) constitutional officer in the executive branch and the officer's chief administrative
1.15deputy;
1.16 (4) solicitor general or deputy, assistant, or special assistant attorney general;
1.17 (5) commissioner, deputy commissioner, or assistant commissioner of any state
1.18department or agency as listed in section15.01 or
15.06 , or the state chief information
1.19officer;
1.20 (6) member, chief administrative officer, or deputy chief administrative officer of a
1.21state board or commission that has either the power to adopt, amend, or repeal rules under
1.22chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
1.23 (7) individual employed in the executive branch who is authorized to adopt, amend,
1.24or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
1.25 (8) executive director of the State Board of Investment;
2.1 (9) deputy of any official listed in clauses (7) and (8);
2.2 (10) judge of the Workers' Compensation Court of Appeals;
2.3 (11) administrative law judge or compensation judge in the State Office of
2.4Administrative Hearings or unemployment law judge in the Department of Employment
2.5and Economic Development;
2.6 (12) member, regional administrator, division director, general counsel, or operations
2.7manager of the Metropolitan Council;
2.8 (13) member or chief administrator of a metropolitan agency;
2.9 (14) director of the Division of Alcohol and Gambling Enforcement in the
2.10Department of Public Safety;
2.11 (15) member or executive director of the Higher Education Facilities Authority;
2.12 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
2.13 (17) member of the board of directors or executive director of the Minnesota State
2.14High School League;
2.15 (18) member of the Minnesota Ballpark Authority established in section473.755 ;
2.16 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
2.17 (20) manager of a watershed district, or member of a watershed management
2.18organization as defined under section103B.205, subdivision 13 ;
2.19 (21) supervisor of a soil and water conservation district;
2.20(22) director of Explore Minnesota Tourism;
2.21 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established
2.22in section 97A.056;
2.23(24) citizen member of the Clean Water Council established in section114D.30 ; or
2.24(25) member or chief executive of the Minnesota Sports Facilities Authority
2.25established in section473J.07 .;
2.26(26) district court judge, appeals court judge, or supreme court justice; or
2.27(27) county commissioner.
2.28 Sec. 2. Minnesota Statutes 2012, section 10A.07, is amended to read:
2.2910A.07 CONFLICTS OF INTEREST.
2.30 Subdivision 1. Disclosure of potential conflicts. A public official or a local
2.31official elected to or appointed by a metropolitan governmental unit who in the discharge
2.32of official duties would be required to take an action or make a decision that would
2.33substantially affect the official's financial interests or those of an associated business,
2.34unless the effect on the official is no greater than on other members of the official's
2.35business classification, profession, or occupation, must take the following actions:
3.1(1) prepare a written statement describing the matter requiring action or decision and
3.2the nature of the potential conflict of interest;
3.3(2) deliver copies of the statement to the official's immediate superior, if any; and
3.4(3) if a member of the legislature or of the governing body of a metropolitan
3.5governmental unit, deliver a copy of the statement to the presiding officer of the body
3.6of service.
3.7If a potential conflict of interest presents itself and there is insufficient time to
3.8comply with clauses (1) to (3), the public or local official must orally inform the superior
3.9or the official body of service or committee of the body of the potential conflict.
3.10 Subd. 2. Required actions. If the official is not a member of the legislature or of the
3.11governing body of a metropolitan governmental unit, the superior must assign the matter,
3.12if possible, to another employee who does not have a potential conflict of interest. If there
3.13is no immediate superior, the official must abstain, if possible, in a manner prescribed by
3.14the board from influence over the action or decision in question. If the official is a member
3.15of the legislature, the house of service may, at the member's request, excuse the member
3.16from taking part in the action or decision in question. If the official is not permitted or is
3.17otherwise unable to abstain from action in connection with the matter, the official must
3.18file a statement describing the potential conflict and the action taken. A public official
3.19must file the statement with the board and a local official must file the statement with the
3.20governing body of the official's political subdivision. The statement must be filed within a
3.21week of the action taken.
3.22 Subd. 3. Interest in contract; local officials. This section does not apply to a local
3.23official with respect to a matter governed by sections471.87 and
471.88 .
3.24 Subd. 4. Exception; judges. Notwithstanding subdivisions 1 and 2, a public official
3.25who is a district court judge, an appeals court judge, or a Supreme Court justice is not
3.26required to comply with the provisions of this section.
3.27 Sec. 3. Minnesota Statutes 2012, section 10A.071, subdivision 1, is amended to read:
3.28 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
3.29section.
3.30(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or
3.31forgiveness of indebtedness, or a promise of future employment, that is given and received
3.32without the giver receiving consideration of equal or greater value in return.
3.33(c) "Official" means a public official, an employee of the legislature,a judge, or a
3.34local official of a metropolitan governmental unit.
4.1 Sec. 4. Minnesota Statutes 2012, section 10A.08, is amended to read:
4.210A.08 REPRESENTATION DISCLOSURE.
4.3 Subdivision 1. Disclosure required. A public official who represents a client for a
4.4fee before an individual, board, commission, or agency that has rulemaking authority in a
4.5hearing conducted under chapter 14, must disclose the official's participation in the action
4.6to the board within 14 days after the appearance. If the public official fails to disclose the
4.7participation within ten business days after the disclosure required by this section was due,
4.8the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the
4.911th day after the disclosure was due. The board must send notice by certified mail to a
4.10public official who fails to disclose the participation within ten business days after the
4.11disclosure was due that the public official may be subject to a civil penalty for failure to
4.12disclose the participation. A public official who fails to disclose the participation within
4.13seven days after the certified mail notice was sent by the board is subject to a civil penalty
4.14imposed by the board of up to $1,000.
4.15 Subd. 2. Exception; judges. Notwithstanding subdivision 1, a public official who is
4.16a district court judge, an appeals court judge, or a Supreme Court justice is not required to
4.17comply with the provisions of this section.
4.18 Sec. 5. Minnesota Statutes 2012, section 10A.09, subdivision 6a, is amended to read:
4.19 Subd. 6a.Local officials Place of filing. A public official required to file a
4.20statement under this section must file it with the board. A local official required to file a
4.21statement under this section must file it with the governing body of the official's political
4.22subdivision. The governing body must maintain statements filed with it under this
4.23subdivision as public data. If an official position is defined as both a public official and as
4.24a local official of a metropolitan governmental unit under this chapter, the official must
4.25file the statement with the board.
4.26 Sec. 6. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
4.27to read:
4.28 Subd. 9. Waivers. Upon written request and for good cause shown, the board may
4.29waive the requirement that an official disclose the address of real property that constitutes
4.30a secondary residence of the official.
4.31 Sec. 7. EFFECTIVE DATE.
4.32Sections 1 to 6 are effective January 1, 2014, and apply to public officials elected or
4.33appointed to terms of office commencing on or after that date.
1.3campaign finance and public disclosure law; providing clarifying changes;
1.4amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.07;
1.510A.071, subdivision 1; 10A.08; 10A.09, subdivision 6a, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
1.8 Subd. 35. Public official. "Public official" means any:
1.9 (1) member of the legislature;
1.10 (2) individual employed by the legislature as secretary of the senate, legislative
1.11auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
1.12legislative analyst, or attorney in the Office of Senate Counsel and Research or House
1.13Research;
1.14 (3) constitutional officer in the executive branch and the officer's chief administrative
1.15deputy;
1.16 (4) solicitor general or deputy, assistant, or special assistant attorney general;
1.17 (5) commissioner, deputy commissioner, or assistant commissioner of any state
1.18department or agency as listed in section
1.19officer;
1.20 (6) member, chief administrative officer, or deputy chief administrative officer of a
1.21state board or commission that has either the power to adopt, amend, or repeal rules under
1.22chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
1.23 (7) individual employed in the executive branch who is authorized to adopt, amend,
1.24or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
1.25 (8) executive director of the State Board of Investment;
2.1 (9) deputy of any official listed in clauses (7) and (8);
2.2 (10) judge of the Workers' Compensation Court of Appeals;
2.3 (11) administrative law judge or compensation judge in the State Office of
2.4Administrative Hearings or unemployment law judge in the Department of Employment
2.5and Economic Development;
2.6 (12) member, regional administrator, division director, general counsel, or operations
2.7manager of the Metropolitan Council;
2.8 (13) member or chief administrator of a metropolitan agency;
2.9 (14) director of the Division of Alcohol and Gambling Enforcement in the
2.10Department of Public Safety;
2.11 (15) member or executive director of the Higher Education Facilities Authority;
2.12 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
2.13 (17) member of the board of directors or executive director of the Minnesota State
2.14High School League;
2.15 (18) member of the Minnesota Ballpark Authority established in section
2.16 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
2.17 (20) manager of a watershed district, or member of a watershed management
2.18organization as defined under section
2.19 (21) supervisor of a soil and water conservation district;
2.20(22) director of Explore Minnesota Tourism;
2.21 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established
2.22in section 97A.056;
2.23(24) citizen member of the Clean Water Council established in section
2.24(25) member or chief executive of the Minnesota Sports Facilities Authority
2.25established in section
2.26(26) district court judge, appeals court judge, or supreme court justice; or
2.27(27) county commissioner.
2.28 Sec. 2. Minnesota Statutes 2012, section 10A.07, is amended to read:
2.2910A.07 CONFLICTS OF INTEREST.
2.30 Subdivision 1. Disclosure of potential conflicts. A public official or a local
2.31official elected to or appointed by a metropolitan governmental unit who in the discharge
2.32of official duties would be required to take an action or make a decision that would
2.33substantially affect the official's financial interests or those of an associated business,
2.34unless the effect on the official is no greater than on other members of the official's
2.35business classification, profession, or occupation, must take the following actions:
3.1(1) prepare a written statement describing the matter requiring action or decision and
3.2the nature of the potential conflict of interest;
3.3(2) deliver copies of the statement to the official's immediate superior, if any; and
3.4(3) if a member of the legislature or of the governing body of a metropolitan
3.5governmental unit, deliver a copy of the statement to the presiding officer of the body
3.6of service.
3.7If a potential conflict of interest presents itself and there is insufficient time to
3.8comply with clauses (1) to (3), the public or local official must orally inform the superior
3.9or the official body of service or committee of the body of the potential conflict.
3.10 Subd. 2. Required actions. If the official is not a member of the legislature or of the
3.11governing body of a metropolitan governmental unit, the superior must assign the matter,
3.12if possible, to another employee who does not have a potential conflict of interest. If there
3.13is no immediate superior, the official must abstain, if possible, in a manner prescribed by
3.14the board from influence over the action or decision in question. If the official is a member
3.15of the legislature, the house of service may, at the member's request, excuse the member
3.16from taking part in the action or decision in question. If the official is not permitted or is
3.17otherwise unable to abstain from action in connection with the matter, the official must
3.18file a statement describing the potential conflict and the action taken. A public official
3.19must file the statement with the board and a local official must file the statement with the
3.20governing body of the official's political subdivision. The statement must be filed within a
3.21week of the action taken.
3.22 Subd. 3. Interest in contract; local officials. This section does not apply to a local
3.23official with respect to a matter governed by sections
3.24 Subd. 4. Exception; judges. Notwithstanding subdivisions 1 and 2, a public official
3.25who is a district court judge, an appeals court judge, or a Supreme Court justice is not
3.26required to comply with the provisions of this section.
3.27 Sec. 3. Minnesota Statutes 2012, section 10A.071, subdivision 1, is amended to read:
3.28 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
3.29section.
3.30(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or
3.31forgiveness of indebtedness, or a promise of future employment, that is given and received
3.32without the giver receiving consideration of equal or greater value in return.
3.33(c) "Official" means a public official, an employee of the legislature,
3.34local official of a metropolitan governmental unit.
4.1 Sec. 4. Minnesota Statutes 2012, section 10A.08, is amended to read:
4.210A.08 REPRESENTATION DISCLOSURE.
4.3 Subdivision 1. Disclosure required. A public official who represents a client for a
4.4fee before an individual, board, commission, or agency that has rulemaking authority in a
4.5hearing conducted under chapter 14, must disclose the official's participation in the action
4.6to the board within 14 days after the appearance. If the public official fails to disclose the
4.7participation within ten business days after the disclosure required by this section was due,
4.8the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the
4.911th day after the disclosure was due. The board must send notice by certified mail to a
4.10public official who fails to disclose the participation within ten business days after the
4.11disclosure was due that the public official may be subject to a civil penalty for failure to
4.12disclose the participation. A public official who fails to disclose the participation within
4.13seven days after the certified mail notice was sent by the board is subject to a civil penalty
4.14imposed by the board of up to $1,000.
4.15 Subd. 2. Exception; judges. Notwithstanding subdivision 1, a public official who is
4.16a district court judge, an appeals court judge, or a Supreme Court justice is not required to
4.17comply with the provisions of this section.
4.18 Sec. 5. Minnesota Statutes 2012, section 10A.09, subdivision 6a, is amended to read:
4.19 Subd. 6a.
4.20statement under this section must file it with the board. A local official required to file a
4.21statement under this section must file it with the governing body of the official's political
4.22subdivision. The governing body must maintain statements filed with it under this
4.23subdivision as public data. If an official position is defined as both a public official and as
4.24a local official of a metropolitan governmental unit under this chapter, the official must
4.25file the statement with the board.
4.26 Sec. 6. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
4.27to read:
4.28 Subd. 9. Waivers. Upon written request and for good cause shown, the board may
4.29waive the requirement that an official disclose the address of real property that constitutes
4.30a secondary residence of the official.
4.31 Sec. 7. EFFECTIVE DATE.
4.32Sections 1 to 6 are effective January 1, 2014, and apply to public officials elected or
4.33appointed to terms of office commencing on or after that date.
