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S.F. No. 8 - Campaign Contributions as a Conflict of Interest
Author: Senator John Marty
Prepared by: Peter S. Wattson, Senate Counsel (651/296-3812)
Date: February 20, 2004


S.F. No. 2292 makes a campaign contribution of more than $100 to a legislator or constitutional officer, or to an elected official of a county, city, or school district a conflict of interest and requires the elected official to make the usual disclosure and take the usual action as already required by Minnesota Statutes, section 10A.07, subdivisions 1 and 2.

Section 1 adds a new subdivision 4 to section 10A.07, making the acceptance by a legislator or constitutional officer or by their principal campaign committee of a contribution in excess of $100 during their current term of office or within one year before their current term of office, from any individual or association or an agent or of an individual or association, a conflict of interest with regard to an action or decision on any question coming before the legislator or constitutional officer in which the contributing individual or association has a financial interest that is of greater consequence to the contributor than the general interest of all residents or taxpayers of the state.

Section 2 applies the same requirements to elected local officials of a county, city, or school district.

Local officials do not currently have the same requirement to disclose conflicts of interest as state officials do under section 10A.07. So, subdivision 2 sets forth a new requirement that a local elected official who has a conflict of interest must prepare a written statement describing the conflict of interest and deliver a copy of the statement to the presiding officer of the governing body. The county attorney and county sheriff and members of the county board would file their statement with the chair of the county board. Members of a city council would file their statement with the mayor. Members of a school board would file their statement with the chair of the school board.

Subdivision 3 requires that, after disclosing the conflict of interest, the elected official must abstain from participating in the action or decision, except as provided in the subdivision. If the elected official is the county attorney or county sheriff, the elected official must assign the action or decision to a subordinate. If the elected official is a member of the governing body, the official must not chair a meeting or offer a motion or discussion on the question giving rise to the conflict of interest. The official must not vote on the question unless abstention would prevent the body from obtaining a quorum.

Subdivision 4 makes violation of the section a gross misdemeanor.

PSW:ph




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