HF 2876

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/24/2014 04:51pm

A bill for an act
relating to campaign finance; requiring disclosure of contributions from
lobbyists, political funds, and political committees in any amount; amending
Minnesota Statutes 2012, section 10A.04, subdivision 4; Minnesota Statutes
2013 Supplement, section 10A.20, subdivisions 3, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 10A.04, subdivision 4, is amended to read:

Subd. 4.

Content.

(a) A report under this section must include information the
board requires from the registration form and the information required by this subdivision
for the reporting period.

(b) A lobbyist must report the lobbyist's total disbursements on lobbying, separately
listing lobbying to influence legislative action, lobbying to influence administrative action,
and lobbying to influence the official actions of a metropolitan governmental unit, and a
breakdown of disbursements for each of those kinds of lobbying into categories specified
by the board, including but not limited to the cost of publication and distribution of each
publication used in lobbying; other printing; media, including the cost of production;
postage; travel; fees, including allowances; entertainment; telephone and telegraph; and
other expenses.

(c) A lobbyist must report the amount and nature of each gift, item, or benefit,
excluding contributions to a candidate, equal in value to $5 or more, given or paid to any
official, as defined in section 10A.071, subdivision 1, by the lobbyist or an employer or
employee of the lobbyist. The list must include the name and address of each official to
whom the gift, item, or benefit was given or paid and the date it was given or paid.

(d) A lobbyist must report each original source of money in excess of $500 in any
year used for the purpose of lobbying to influence legislative action, administrative action,
or the official action of a metropolitan governmental unit. The list must include the
name, address, and employer, or, if self-employed, the occupation and principal place of
business, of each payer of money in excess of $500.

(e) On the report due June 15, the lobbyist must provide a general description of the
subjects lobbied in the previous 12 months.

new text begin (f) A lobbyist must report the date and amount of a contribution in any amount made
to each candidate, principal campaign committee, or party unit. The list must include
the name and address of each candidate, principal campaign committee, or party unit to
whom the contribution was made.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 3, is
amended to read:

Subd. 3.

Contents of report.

(a) The report required by this section must include
each of the items listed in paragraphs (b) to deleted text begin (o) deleted text end new text begin (p) new text end that are applicable to the filer. The
board shall prescribe forms based on filer type indicating which of those items must
be included on the filer's report.

(b) The report must disclose the amount of liquid assets on hand at the beginning
of the reporting period.

(c) The report must disclose the name, address, and employer, or occupation if
self-employed, of each individual or association that has made one or more contributions
to the reporting entity, including the purchase of tickets for a fund-raising effort, that in
aggregate within the year exceed $200 for legislative or statewide candidates or more than
$500 for ballot questions, together with the amount and date of each contribution, and
the aggregate amount of contributions within the year from each source so disclosed. A
donation in kind must be disclosed at its fair market value. An approved expenditure must
be listed as a donation in kind. A donation in kind is considered consumed in the reporting
period in which it is received. The names of contributors must be listed in alphabetical
order. Contributions from the same contributor must be listed under the same name. When
a contribution received from a contributor in a reporting period is added to previously
reported unitemized contributions from the same contributor and the aggregate exceeds
the disclosure threshold of this paragraph, the name, address, and employer, or occupation
if self-employed, of the contributor must then be listed on the report.

(d) The report must disclose the sum of contributions to the reporting entity during
the reporting period.

(e) The report must disclose each loan made or received by the reporting entity
within the year in aggregate in excess of $200, continuously reported until repaid or
forgiven, together with the name, address, occupation, and principal place of business,
if any, of the lender and any endorser and the date and amount of the loan. If a loan
made to the principal campaign committee of a candidate is forgiven or is repaid by an
entity other than that principal campaign committee, it must be reported as a contribution
for the year in which the loan was made.

(f) The report must disclose each receipt over $200 during the reporting period not
otherwise listed under paragraphs (c) to (e).

(g) The report must disclose the sum of all receipts of the reporting entity during
the reporting period.

(h) The report must disclose the name and address of each individual or association
to whom aggregate expenditures, approved expenditures, independent expenditures, and
ballot question expenditures have been made by or on behalf of the reporting entity
within the year in excess of $200, together with the amount, date, and purpose of each
expenditure and the name and address of, and office sought by, each candidate on whose
behalf the expenditure was made, identification of the ballot question that the expenditure
was intended to promote or defeat and an indication of whether the expenditure was to
promote or to defeat the ballot question, and in the case of independent expenditures made
in opposition to a candidate, the candidate's name, address, and office sought. A reporting
entity making an expenditure on behalf of more than one candidate for state or legislative
office must allocate the expenditure among the candidates on a reasonable cost basis and
report the allocation for each candidate.

(i) The report must disclose the sum of all expenditures made by or on behalf of the
reporting entity during the reporting period.

(j) The report must disclose the amount and nature of an advance of credit incurred
by the reporting entity, continuously reported until paid or forgiven. If an advance of credit
incurred by the principal campaign committee of a candidate is forgiven by the creditor or
paid by an entity other than that principal campaign committee, it must be reported as a
donation in kind for the year in which the advance of credit was made.

(k) The report must disclose the name and address of each political committee,
political fund, principal campaign committee, or party unit to which contributions have
been made deleted text begin that aggregate in excess of $200 within the year deleted text end and the amount and date of
each contribution.

(l) The report must disclose the sum of all contributions made by the reporting
entity during the reporting period.

(m) The report must disclose the name and address of each individual or association
to whom noncampaign disbursements have been made that aggregate in excess of $200
within the year by or on behalf of the reporting entity and the amount, date, and purpose of
each noncampaign disbursement.

(n) The report must disclose the sum of all noncampaign disbursements made within
the year by or on behalf of the reporting entity.

(o) The report must disclose the name and address of a nonprofit corporation that
provides administrative assistance to a political committee or political fund as authorized
by section 211B.15, subdivision 17, the type of administrative assistance provided, and the
aggregate fair market value of each type of assistance provided to the political committee
or political fund during the reporting period.

new text begin (p) Notwithstanding any dollar limits in this subdivision, a candidate, principal
campaign committee, or party unit must report the date and amount of a contribution in
any amount received from a lobbyist, political committee, or political fund. The list must
include the name and address of each lobbyist, political committee, or political fund.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 5, is
amended to read:

Subd. 5.

Pre-election reports.

(a) Any loan, contribution, or contributions:

(1) to a political committee or political fund from any one source totaling more
than $1,000;

(2) to the principal campaign committee of a candidate for an appellate court judicial
office totaling more than $2,000;

(3) to the principal campaign committee of a candidate for district court judge
totaling more than $400; deleted text begin or
deleted text end

(4) to the principal campaign committee of a candidate for constitutional office or
for the legislature totaling more than 50 percent of the election cycle contribution limit for
the office new text begin ; or
new text end

new text begin (5) received from a lobbyist, political committee, or political fund in any amount,
notwithstanding any dollar limit in this subdivision new text end ,

received between the last day covered in the last report before an election and the election
must be reported to the board in the manner provided in paragraph (b).

(b) A loan, contribution, or contributions required to be reported to the board under
paragraph (a) must be reported to the board either:

(1) in person by the end of the next business day after its receipt; or

(2) by electronic means sent within 24 hours after its receipt.

(c) These loans and contributions must also be reported in the next required report.

(d) This notice requirement does not apply in a primary election to a candidate who
is unopposed in the primary, in a primary election to a ballot question political committee
or fund, or in a general election to a candidate whose name is not on the general election
ballot. The board must post the report on its Web site by the end of the next business day
after it is received.

(e) This subdivision does not apply to a ballot question or independent expenditure
political committee or fund that has not met the registration threshold of section 10A.14,
subdivision 1a. However, if a contribution that would be subject to this section triggers the
registration requirement in section 10A.14, subdivision 1a, then both registration under
that section and reporting under this section are required.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective for reports filed on and after July 1, 2014.
new text end