SF 1908

1st Engrossment - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to the ethical practices board; requiring 
  1.3             lobbyists to report gifts given to employees of the 
  1.4             legislature; prohibiting lobbyists, political 
  1.5             committees, and political funds from making 
  1.6             contributions while the legislature is in session; 
  1.7             clarifying exception for gifts given because the 
  1.8             recipient is a member of a group; requiring certain 
  1.9             political committees and political funds to file 
  1.10            reports related to special elections; requiring return 
  1.11            or destruction of political contribution receipt forms 
  1.12            upon termination; amending Minnesota Statutes 1994, 
  1.13            sections 10A.04, subdivisions 4 and 4a; 10A.065, 
  1.14            subdivisions 1 and 3; 10A.071, subdivision 3; 10A.20, 
  1.15            subdivision 2; 10A.27, subdivision 9; 10A.322, 
  1.16            subdivision 4; and 471.895, subdivision 3. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1994, section 10A.04, 
  1.19  subdivision 4, is amended to read: 
  1.20     Subd. 4.  (a) The report shall include such information as 
  1.21  the board may require from the registration form and the 
  1.22  information required by this subdivision for the reporting 
  1.23  period. 
  1.24     (b) Each lobbyist shall report the lobbyist's total 
  1.25  disbursements on lobbying, separately listing lobbying to 
  1.26  influence legislative action, lobbying to influence 
  1.27  administrative action, and lobbying to influence the official 
  1.28  actions of a metropolitan governmental unit, and a breakdown of 
  1.29  disbursements for each of those kinds of lobbying into 
  1.30  categories specified by the board, including but not limited to 
  1.31  the cost of publication and distribution of each publication 
  2.1   used in lobbying; other printing; media, including the cost of 
  2.2   production; postage; travel; fees, including allowances; 
  2.3   entertainment; telephone and telegraph; and other expenses. 
  2.4      (c) Each lobbyist shall report the amount and nature of 
  2.5   each honorarium, gift, loan, item or benefit, excluding 
  2.6   contributions to a candidate, equal in value to $5 or more, 
  2.7   given or paid to any public or local official or employee of the 
  2.8   legislature by the lobbyist or any employer or any employee of 
  2.9   the lobbyist.  The list shall include the name and address of 
  2.10  each public or local official to whom the honorarium, gift, 
  2.11  loan, item or benefit was given or paid and the date it was 
  2.12  given or paid.  A lobbyist need report only the aggregate amount 
  2.13  and nature of food or beverages given or made available to all 
  2.14  members of the legislature or a house of the legislature or to 
  2.15  all members of a local legislative body, along with the name of 
  2.16  the legislative body and the date it was given or made available.
  2.17     (d) Each lobbyist shall report each original source of 
  2.18  funds in excess of $500 in any year used for the purpose of 
  2.19  lobbying to influence legislative action, each such source of 
  2.20  funds used to influence administrative action, and each such 
  2.21  source of funds used to influence the official action of 
  2.22  metropolitan governmental units.  The list shall include the 
  2.23  name, address and employer, or, if self-employed, the occupation 
  2.24  and principal place of business, of each payer of funds in 
  2.25  excess of $500. 
  2.26     Sec. 2.  Minnesota Statutes 1994, section 10A.04, 
  2.27  subdivision 4a, is amended to read: 
  2.28     Subd. 4a.  If in any reporting period the lobbyist's 
  2.29  reportable disbursements total not over $100 and no honorarium, 
  2.30  gift, loan, item or benefit equal in value to $50 or more 
  2.31  required to be reported under subdivision 4 was given or paid to 
  2.32  any public official, a statement to that effect in lieu of the 
  2.33  report may be filed for that period.  The unreported 
  2.34  disbursements shall be included in the report for the following 
  2.35  period, unless the total for that period, including the 
  2.36  carryover, is not over $100.  The January 15 report shall 
  3.1   include all previously unreported disbursements, even though the 
  3.2   total for the year is not over $100. 
  3.3      Sec. 3.  Minnesota Statutes 1994, section 10A.065, 
  3.4   subdivision 1, is amended to read: 
  3.5      Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
  3.6   LEGISLATIVE SESSION.] A candidate for the legislature or for 
  3.7   constitutional office, a candidate's principal campaign 
  3.8   committee, any other political committee with the candidate's 
  3.9   name or title, any committee authorized by the candidate, or a 
  3.10  political committee established by all or a part of the party 
  3.11  organization within a house of the legislature, shall not 
  3.12  solicit or accept a contribution on behalf of a candidate's 
  3.13  principal campaign committee, any other political committee with 
  3.14  the candidate's name or title, any committee authorized by the 
  3.15  candidate, or a political committee established by all or a part 
  3.16  of the party organization within a house of the legislature, 
  3.17  from a registered lobbyist, political committee, or political 
  3.18  fund during a regular session of the legislature.  The lobbyist, 
  3.19  political committee, or political fund shall not make the 
  3.20  contribution.  
  3.21     Sec. 4.  Minnesota Statutes 1994, section 10A.065, 
  3.22  subdivision 3, is amended to read: 
  3.23     Subd. 3.  [CIVIL PENALTY.] A candidate or, political 
  3.24  committee, political fund, or lobbyist that violates this 
  3.25  section is subject to a civil fine of up to $500.  If the board 
  3.26  makes a public finding that there is probable cause to believe a 
  3.27  violation of this section has occurred, the board shall bring an 
  3.28  action, or transmit the finding to a county attorney who shall 
  3.29  bring an action, in the district court of Ramsey county, to 
  3.30  impose a civil fine as prescribed by the board.  Fines paid 
  3.31  under this section must be deposited in the general fund in the 
  3.32  state treasury. 
  3.33     Sec. 5.  Minnesota Statutes 1994, section 10A.071, 
  3.34  subdivision 3, is amended to read: 
  3.35     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  3.36  section do not apply if the gift is: 
  4.1      (1) a contribution as defined in section 10A.01, 
  4.2   subdivision 7; 
  4.3      (2) services to assist an official in the performance of 
  4.4   official duties, including but not limited to providing advice, 
  4.5   consultation, information, and communication in connection with 
  4.6   legislation, and services to constituents; 
  4.7      (3) services of insignificant monetary value; 
  4.8      (4) a plaque or similar memento recognizing individual 
  4.9   services in a field of specialty or to a charitable cause; 
  4.10     (5) a trinket or memento of insignificant value; 
  4.11     (6) informational material of unexceptional value; or 
  4.12     (7) food or a beverage given at a reception, meal, or 
  4.13  meeting away from the recipient's place of work by an 
  4.14  organization before whom the recipient appears to make a speech 
  4.15  or answer questions as part of a program. 
  4.16     (b) The prohibitions in this section do not apply if the 
  4.17  gift is given: 
  4.18     (1) because of the recipient's membership in a group, even 
  4.19  if the group has no formal organization or membership 
  4.20  requirements, if a majority of whose the group's members are not 
  4.21  officials, the group exists for purposes unrelated to the 
  4.22  recipient's official duties, and an equivalent gift is given to 
  4.23  the other members of the group; or 
  4.24     (2) by a lobbyist or principal who is a member of the 
  4.25  family of the recipient, unless the gift is given on behalf of 
  4.26  someone who is not a member of that family. 
  4.27     (c) The prohibitions in this section do not apply to a gift 
  4.28  given to a governmental unit for an official purpose. 
  4.29     Sec. 6.  Minnesota Statutes 1994, section 10A.20, 
  4.30  subdivision 2, is amended to read: 
  4.31     Subd. 2.  The reports shall be filed with the board on or 
  4.32  before January 31 of each year and additional reports shall be 
  4.33  filed as required and in accordance with clauses (a) and, (b), 
  4.34  and (c). 
  4.35     (a) In each year in which the name of the candidate is on 
  4.36  the ballot, the report of the principal campaign committee shall 
  5.1   be filed ten days before a primary and a general election, seven 
  5.2   days before a special primary and a special election, and ten 
  5.3   days after a special election cycle.  The report due after a 
  5.4   special election may be filed on January 31 following the 
  5.5   special election if the special election is held not more than 
  5.6   60 days before that date.  
  5.7      (b) In each general election year political committees and 
  5.8   political funds other than principal campaign committees shall 
  5.9   file reports ten days before a primary and general election.  
  5.10     (c) Each political committee or political fund that makes 
  5.11  independent expenditures related to a special election shall 
  5.12  file reports on those expenditures seven days before a special 
  5.13  primary and special election and ten days after a special 
  5.14  election cycle. 
  5.15     If a scheduled filing date falls on a Saturday, Sunday or 
  5.16  legal holiday, the filing date shall be the next regular 
  5.17  business day. 
  5.18     Sec. 7.  Minnesota Statutes 1994, section 10A.27, 
  5.19  subdivision 9, is amended to read: 
  5.20     Subd. 9.  (a) A candidate or the treasurer of a candidate's 
  5.21  principal campaign committee shall not accept a transfer or 
  5.22  contribution from another candidate's principal campaign 
  5.23  committee or from any other committee bearing the contributing 
  5.24  candidate's name or title or otherwise authorized by the 
  5.25  contributing candidate, unless the contributing candidate's 
  5.26  principal campaign committee is being dissolved.  A candidate's 
  5.27  principal campaign committee shall not make a transfer or 
  5.28  contribution to another candidate's principal campaign 
  5.29  committee, except when the contributing committee is being 
  5.30  dissolved.  
  5.31     (b) A candidate's principal campaign committee shall not 
  5.32  accept a transfer or contribution from, or make a transfer or 
  5.33  contribution to, a committee associated with a person who seeks 
  5.34  nomination or election to the office of President, Senator, or 
  5.35  Representative in Congress of the United States. 
  5.36     (c) A candidate or the treasurer of a candidate's principal 
  6.1   campaign committee shall not accept a contribution from a 
  6.2   candidate for political subdivision office, unless the 
  6.3   contribution is from the personal funds of the candidate for 
  6.4   political subdivision office.  A candidate or the treasurer of a 
  6.5   candidate's principal campaign committee shall not make a 
  6.6   contribution from the principal campaign committee to a 
  6.7   candidate for political subdivision office. 
  6.8      Sec. 8.  Minnesota Statutes 1994, section 10A.322, 
  6.9   subdivision 4, is amended to read: 
  6.10     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
  6.11  make available to a political party on request and to any 
  6.12  candidate for whom an agreement under this section is effective, 
  6.13  a supply of official refund receipt forms that state in boldface 
  6.14  type that (1) a contributor who is given a receipt form is 
  6.15  eligible to claim a refund as provided in section 290.06, 
  6.16  subdivision 23, and (2) if the contribution is to a candidate, 
  6.17  that the candidate has signed an agreement to limit campaign 
  6.18  expenditures as provided in this section.  The forms must 
  6.19  provide duplicate copies of the receipt to be attached to the 
  6.20  contributor's claim.  A candidate who does not sign an agreement 
  6.21  under this section and who willfully issues an official refund 
  6.22  receipt form or a facsimile of one to any of the candidate's 
  6.23  contributors is guilty of a misdemeanor.  A principal campaign 
  6.24  committee or party unit shall return to the board with its 
  6.25  termination report or destroy any official receipt forms that 
  6.26  have not been issued. 
  6.27     Sec. 9.  Minnesota Statutes 1994, section 471.895, 
  6.28  subdivision 3, is amended to read: 
  6.29     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  6.30  section do not apply if the gift is: 
  6.31     (1) a contribution as defined in section 211A.01, 
  6.32  subdivision 5; 
  6.33     (2) services to assist an official in the performance of 
  6.34  official duties, including but not limited to providing advice, 
  6.35  consultation, information, and communication in connection with 
  6.36  legislation, and services to constituents; 
  7.1      (3) services of insignificant monetary value; 
  7.2      (4) a plaque or similar memento recognizing individual 
  7.3   services in a field of specialty or to a charitable cause; 
  7.4      (5) a trinket or memento of insignificant value; 
  7.5      (6) informational material of unexceptional value; or 
  7.6      (7) food or a beverage given at a reception, meal, or 
  7.7   meeting away from the recipient's place of work by an 
  7.8   organization before whom the recipient appears to make a speech 
  7.9   or answer questions as part of a program. 
  7.10     (b) The prohibitions in this section do not apply if the 
  7.11  gift is given: 
  7.12     (1) because of the recipient's membership in a group, even 
  7.13  if the group has no formal organization or membership 
  7.14  requirements, if a majority of whose the group's members are not 
  7.15  local officials, the group exists for purposes unrelated to the 
  7.16  recipient's official duties, and an equivalent gift is given to 
  7.17  the other members of the group; or 
  7.18     (2) by an interested person who is a member of the family 
  7.19  of the recipient, unless the gift is given on behalf of someone 
  7.20  who is not a member of that family. 
  7.21     (c) The prohibitions in this section do not apply to a gift 
  7.22  given to a governmental unit for an official purpose. 
  7.23     Sec. 10.  [EFFECTIVE DATE.] 
  7.24     This act is effective July 1, 1996.