1.1.................... moves to amend H.F. No. 1961 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 10,
1.4is amended to read:
1.5 Subd. 10.
Audits and investigations. Within limits of available resources, the board
1.6may must make audits and investigations
, with respect to the requirements of this chapter.
1.7The board may impose statutory civil penalties, and issue orders for compliance with
1.8respect to the requirements of this chapter and provisions under the board's jurisdiction
1.9pursuant to subdivision 11. In all matters relating to its official duties, the board has the
1.10power to
require testimony under oath, to permit written statements to be given under
1.11oath, and to issue subpoenas and cause them to be served. If a person does not comply
1.12with a subpoena, the board may apply to the District Court of Ramsey County for issuance
1.13of an order compelling obedience to the subpoena. A person failing to obey the order is
1.14punishable by the court as for contempt.
1.15 Sec. 2. Minnesota Statutes 2013 Supplement, section 10A.07, subdivision 1, is
1.16amended to read:
1.17 Subdivision 1.
Disclosure of potential conflicts. A public official or a local official
1.18elected to or appointed by a metropolitan governmental unit who in the discharge of official
1.19duties would be required to take an action or make a decision that would substantially
1.20affect the official's financial interests
, the financial interests of the official's spouse, or
those
1.21 the financial interests of an associated business
of the official or the official's spouse, unless
1.22the effect on the official
or spouse is no greater than on other members of the official's
or
1.23spouse's business classification, profession, or occupation, must take the following actions:
1.24(1) prepare a written statement describing the matter requiring action or decision and
1.25the nature of the potential conflict of interest;
1.26(2) deliver copies of the statement to the official's immediate superior, if any; and
2.1(3) if a member of the legislature or of the governing body of a metropolitan
2.2governmental unit, deliver a copy of the statement to the presiding officer of the body
2.3of service.
2.4If a potential conflict of interest presents itself and there is insufficient time to
2.5comply with clauses (1) to (3), the public or local official must orally inform the superior
2.6or the official body of service or committee of the body of the potential conflict.
2.7 Sec. 3. Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:
2.8 Subd. 5.
Form. (a) A statement of economic interest required by this section must
2.9be on a form prescribed by the board. The individual filing must provide the following
2.10information
regarding the individual and the individual's spouse:
2.11(1) name, address, occupation, and principal place of business;
2.12(2) the name of each associated business and the nature of that association;
2.13(3) a listing of all real property within the state, excluding homestead property, in
2.14which the individual
or spouse holds: (i) a fee simple interest, a mortgage, a contract for
2.15deed as buyer or seller, or an option to buy, whether direct or indirect, if the interest is
2.16valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market
2.17value of $50,000 or more;
2.18(4) a listing of all real property within the state in which a partnership of which the
2.19individual
or spouse is a member holds: (i) a fee simple interest, a mortgage, a contract for
2.20deed as buyer or seller, or an option to buy, whether direct or indirect, if the individual's
2.21share of the partnership interest is valued in excess of $2,500; or (ii) an option to buy,
2.22if the property has a fair market value of $50,000 or more. A listing under clause (3)
2.23or (4) must indicate the street address and the municipality or the section, township,
2.24range and approximate acreage, whichever applies, and the county in which the property
2.25is located;
and
2.26(5) a listing of any investments, ownership, or interests in property connected with
2.27pari-mutuel horse racing in the United States and Canada, including a racehorse, in
2.28which the individual
or spouse directly or indirectly holds a partial or full interest or an
2.29immediate family member holds a partial or full interest
.;
2.30(6) a listing of the principal business or professional activity code of each business
2.31from which the individual or the individual's spouse receives more than $50 in any month
2.32as an employee, if the individual or the individual's spouse has an ownership interest of
2.3325 percent or more in the business; and
3.1(7) a listing of each principal business or professional activity code from which the
3.2individual or the individual's spouse received compensation of more than $2500 in the
3.3past 12 months as an independent contractor.
3.4(b) The following are the principal business or professional activity codes for
3.5purposes of paragraph (a), clauses (6) and (7):
3.6(1) accommodation, food services, and drinking places;
3.7(2) administrative and support services;
3.8(3) waste management and remediation services;
3.9(4) agriculture, forestry, hunting, and fishing;
3.10(5) gambling industries;
3.11(6) arts, entertainment, and recreation;
3.12(7) construction of buildings;
3.13(8) educational services;
3.14(9) insurance;
3.15(10) securities and other financial services;
3.16(11) health care and social assistance;
3.17(12) broadcasting and telecommunications;
3.18(13) data processing services;
3.19(14) manufacturing;
3.20(15) mining;
3.21(16) personal services;
3.22(17) repair and maintenance;
3.23(18) professional, scientific, and technical services not listed in another clause;
3.24(19) legal services;
3.25(20) real estate and rental and leasing;
3.26(21) religious, grant making, civic, professional, and similar organizations;
3.27(22) retail trade;
3.28(23) transportation and warehousing;
3.29(24) utilities;
3.30(25) wholesale trade;
3.31(26) wholesale electronic markets, agents, and brokers;
3.32(27) political consulting;
3.33(28) public or media relations;
3.34(29) government relations;
3.35(30) fund-raising; and
4.1(31) other principal business or professional activity codes specified in board rules
4.2or advisory opinions.
4.3 (c) The statement of economic interest must distinguish matters specified in
4.4paragraph (a), clauses (1) to (7) that are reported on behalf of the individual from matters
4.5reported on behalf of the spouse.
4.6EFFECTIVE DATE.This section is effective the day following final enactment for
4.7a person who becomes a public official on or after that date, and for a person who files an
4.8affidavit of candidacy or a petition to appear on a ballot that is subject to section 10A.09.
4.9For a person who is a public official before the effective date of this section, this section is
4.10effective for supplementary statements due April 15, 2015.
4.11 Sec. 4. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
4.12to read:
4.13 Subd. 9. Board audits; data classification. (a) In conducting an audit of data
4.14reported under this section, the board may require an individual to disclose the underlying
4.15data on which the statement is based.
4.16(b) All data related to an audit, including the existence of the audit, are classified
4.17as confidential data, as defined in section 13.02, subdivision 3. A member, employee, or
4.18agent of the board must not disclose information obtained by the member, employee, or
4.19agent concerning the audit except as required to carry out the audit or take action in the
4.20matter. Upon completion of the audit, the board's final audit report is public. The final
4.21audit report must contain the name of the individual subject to the audit, a description of
4.22any audit findings, a description of any responses provided by the individual who was
4.23subject to the audit, and a description of the manner in which any findings were resolved.
4.24 Sec. 5. Minnesota Statutes 2012, section 13.607, subdivision 5, is amended to read:
4.25 Subd. 5.
Statements of economic interest. (a) Disclosure of statements of
4.26economic interest filed by local officials is governed by section
10A.09, subdivision 6a.
4.27(b) Data related to audits of statements of economic interest are governed by section
4.2810A.09, subdivision 9."
4.29Amend the title accordingly