SF 3225

Introduction - 81st Legislature (1999 - 2000)

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

  1.1                          A bill for an act 
  1.2             relating to ethics in government; clarifying 
  1.3             definitions; facilitating reports of last-minute 
  1.4             contributions; clarifying campaign finance 
  1.5             requirements; increasing certain campaign contribution 
  1.6             and spending limits; requiring return of public 
  1.7             subsidies under certain conditions; providing civil 
  1.8             penalties; amending Minnesota Statutes 1998, sections 
  1.9             200.02, subdivision 7, and by adding a subdivision; 
  1.10            211A.02, subdivision 2; and 211A.12; Minnesota 
  1.11            Statutes 1999 Supplement, sections 10A.01, 
  1.12            subdivisions 5, 11, 21, and 35; 10A.025, subdivision 
  1.13            4; 10A.03, subdivision 3; 10A.04, subdivision 5; 
  1.14            10A.08; 10A.09, subdivisions 3 and 7; 10A.14, 
  1.15            subdivision 4; 10A.15, subdivisions 3, 5, and by 
  1.16            adding a subdivision; 10A.20, subdivisions 2, 3, 5, 
  1.17            12, and by adding a subdivision; 10A.25, subdivisions 
  1.18            2, 10, and by adding a subdivision; 10A.27, 
  1.19            subdivisions 9 and 10; 10A.273, subdivisions 1, 4, and 
  1.20            by adding a subdivision; 10A.29; 10A.31, subdivisions 
  1.21            7 and 10a; 10A.315; 10A.322, subdivisions 1 and 4; 
  1.22            10A.324, subdivision 1; 10A.34; and 290.06, 
  1.23            subdivision 23; proposing coding for new law in 
  1.24            Minnesota Statutes, chapter 10A. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.27  10A.01, subdivision 5, is amended to read: 
  1.28     Subd. 5.  [ASSOCIATED BUSINESS.] "Associated business" 
  1.29  means an association from which the individual receives 
  1.30  compensation in excess of $50 $1,100, except for actual and 
  1.31  reasonable expenses, in any month year as a director, officer, 
  1.32  owner, member, partner, employer or, employee, independent 
  1.33  contractor, or consultant, or whose securities the individual 
  1.34  holds worth $2,500 or more at fair market value.  "Associated 
  1.35  business" does not include the identities of clients or 
  2.1   customers of an association or sole proprietorship from which 
  2.2   the individual receives compensation. 
  2.3      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.4   10A.01, subdivision 11, is amended to read: 
  2.5      Subd. 11.  [CONTRIBUTION.] (a) "Contribution" means money, 
  2.6   a negotiable instrument, or a donation in kind that is given to 
  2.7   a political committee, political fund, principal campaign 
  2.8   committee, or party unit. 
  2.9      (b) "Contribution" includes a loan or advance of credit to 
  2.10  a political committee, political fund, principal campaign 
  2.11  committee, or party unit, if the loan or advance of credit is:  
  2.12  (1) forgiven; or (2) repaid by an individual or an association 
  2.13  other than the political committee, political fund, principal 
  2.14  campaign committee, or party unit to which the loan or advance 
  2.15  of credit was made.  If an advance of credit or a loan is 
  2.16  forgiven or repaid as provided in this paragraph, it is a 
  2.17  contribution in the year in which the loan or advance of credit 
  2.18  was made. 
  2.19     (c) "Contribution" does not include services provided 
  2.20  without compensation by an individual volunteering personal time 
  2.21  on behalf of a candidate, ballot question, political committee, 
  2.22  political fund, principal campaign committee, or party unit, or. 
  2.23     (d) "Contribution" does not include the uncompensated use 
  2.24  by a candidate or an individual volunteering personal time on 
  2.25  behalf of a candidate, ballot question, political committee, 
  2.26  political fund, principal campaign committee, or party unit of 
  2.27  the candidate or volunteer's own vehicle, computer, software, 
  2.28  fax machine, copy machine, printer, telephone, or private 
  2.29  residence. 
  2.30     (e) "Contribution" does not include the publishing or 
  2.31  broadcasting of news items or editorial comments by the news 
  2.32  media. 
  2.33     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.34  10A.01, subdivision 21, is amended to read: 
  2.35     Subd. 21.  [LOBBYIST.] (a) "Lobbyist" means an individual: 
  2.36     (1) engaged for pay or other consideration, or authorized 
  3.1   to spend money by another individual, association, political 
  3.2   subdivision, or public higher education system, who spends more 
  3.3   than five hours in any month or more than $250, not including 
  3.4   the individual's own travel expenses and membership dues, in any 
  3.5   year, for the purpose of attempting to influence legislative or 
  3.6   administrative action, or the official action of a metropolitan 
  3.7   governmental unit, by communicating or urging others to 
  3.8   communicate with public or local officials; or 
  3.9      (2) who spends more than $250, not including the 
  3.10  individual's own traveling expenses and membership dues, in any 
  3.11  year for the purpose of attempting to influence legislative or 
  3.12  administrative action, or the official action of a metropolitan 
  3.13  governmental unit, by communicating or urging others to 
  3.14  communicate with public or local officials. 
  3.15     (b) "Lobbyist" does not include: 
  3.16     (1) a public official; 
  3.17     (2) an employee of the state, including an employee of any 
  3.18  of the public higher education systems; 
  3.19     (3) an elected local official; 
  3.20     (4) a nonelected local official or an employee of a 
  3.21  political subdivision acting in an official capacity, unless the 
  3.22  nonelected official or employee of a political subdivision 
  3.23  spends more than 50 hours in any month attempting to influence 
  3.24  legislative or administrative action, or the official action of 
  3.25  a metropolitan governmental unit other than the political 
  3.26  subdivision employing the official or employee, by communicating 
  3.27  or urging others to communicate with public or local officials, 
  3.28  including time spent monitoring legislative or administrative 
  3.29  action, or the official action of a metropolitan governmental 
  3.30  unit, and related research, analysis, and compilation and 
  3.31  dissemination of information relating to legislative or 
  3.32  administrative policy in this state, or to the policies of 
  3.33  metropolitan governmental units; 
  3.34     (5) a party or the party's representative appearing in a 
  3.35  proceeding before a state board, commission, or agency of the 
  3.36  executive branch unless the board, commission, or agency is 
  4.1   taking administrative action; 
  4.2      (6) an individual while engaged in selling goods or 
  4.3   services to be paid for by public funds; 
  4.4      (7) a news medium or its employees or agents while engaged 
  4.5   in the publishing or broadcasting of news items, editorial 
  4.6   comments, or paid advertisements which directly or indirectly 
  4.7   urge official action; 
  4.8      (8) a paid expert witness whose testimony is requested by 
  4.9   the body before which the witness is appearing, but only to the 
  4.10  extent of preparing or delivering testimony; or 
  4.11     (9) a party or the party's representative appearing to 
  4.12  present a claim to the legislature and communicating to 
  4.13  legislators only by the filing of a claim form and supporting 
  4.14  documents and by appearing at public hearings on the claim; or 
  4.15     (10) an individual attempting to influence the action of a 
  4.16  metropolitan governmental unit to apply or administer an adopted 
  4.17  ordinance or land use plan. 
  4.18     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  4.19  10A.01, subdivision 35, is amended to read: 
  4.20     Subd. 35.  [PUBLIC OFFICIAL.] "Public official" means any: 
  4.21     (1) member of the legislature; 
  4.22     (2) individual employed by the legislature as secretary of 
  4.23  the senate, legislative auditor, chief clerk of the house, 
  4.24  revisor of statutes, or researcher, legislative analyst, or 
  4.25  attorney in the office of senate counsel and research or house 
  4.26  research; 
  4.27     (3) constitutional officer in the executive branch and the 
  4.28  officer's chief administrative deputy; 
  4.29     (4) solicitor general or deputy, assistant, or special 
  4.30  assistant attorney general; 
  4.31     (5) commissioner, deputy commissioner, or assistant 
  4.32  commissioner of any state department or agency as listed in 
  4.33  section 15.01 or 15.06; 
  4.34     (6) member, chief administrative officer, or deputy chief 
  4.35  administrative officer of a state board or commission that has 
  4.36  either the power to adopt, amend, or repeal rules, or the power 
  5.1   to adjudicate contested cases or appeals; 
  5.2      (7) individual employed in the executive branch who is 
  5.3   authorized to adopt, amend, or repeal rules or adjudicate 
  5.4   contested cases; 
  5.5      (8) executive director of the state board of investment; 
  5.6      (9) deputy of any official listed in clauses (7) and (8); 
  5.7      (10) judge of the workers' compensation court of appeals; 
  5.8      (11) administrative law judge or compensation judge in the 
  5.9   state office of administrative hearings or referee in the 
  5.10  department of economic security; 
  5.11     (12) member, regional administrator, division director, 
  5.12  general counsel, or operations manager of the metropolitan 
  5.13  council; 
  5.14     (13) member or chief administrator of a metropolitan 
  5.15  agency; 
  5.16     (14) director of the division of alcohol and gambling 
  5.17  enforcement in the department of public safety; 
  5.18     (15) member or executive director of the higher education 
  5.19  facilities authority; 
  5.20     (16) member of the board of directors or president of the 
  5.21  Minnesota world trade center corporation or Minnesota 
  5.22  Technology, Inc., or the agricultural utilization research 
  5.23  institute; or 
  5.24     (17) member of the board of directors or executive director 
  5.25  of the Minnesota state high school league. 
  5.26     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  5.27  10A.025, subdivision 4, is amended to read: 
  5.28     Subd. 4.  [CHANGES AND CORRECTIONS.] Material changes in 
  5.29  information previously submitted and corrections to a report or 
  5.30  statement must be reported in writing to the board within ten 
  5.31  days following the date of the event prompting the change or the 
  5.32  date upon which the person filing became aware of the 
  5.33  inaccuracy.  The change or correction must identify the form and 
  5.34  the paragraph containing the information to be changed or 
  5.35  corrected.  If the board determines that a report or statement 
  5.36  is inaccurate or incomplete, the board must notify by certified 
  6.1   mail the person who filed the report or statement of the need to 
  6.2   correct it.  
  6.3      If a person fails to file a correct report or statement 
  6.4   within ten days after: 
  6.5      (1) the event prompting the change; 
  6.6      (2) the date upon which the person filing became aware of 
  6.7   the inaccuracy; or 
  6.8      (3) the date the notice was mailed; 
  6.9   the board may impose a late filing fee at the rate of $5 a day, 
  6.10  not to exceed $100, commencing with the 11th day. 
  6.11     A person who willfully fails to report a material change or 
  6.12  correction is guilty of a gross misdemeanor. 
  6.13     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  6.14  10A.03, subdivision 3, is amended to read: 
  6.15     Subd. 3.  [FAILURE TO FILE.] The board must notify by 
  6.16  certified mail or personal service any lobbyist who fails to 
  6.17  file a registration form within five days after becoming a 
  6.18  lobbyist.  If a lobbyist fails to file a form within seven ten 
  6.19  days after receiving this the notice was mailed, the board may 
  6.20  impose a late filing fee of $5 per day, not to exceed $100, 
  6.21  commencing with the eighth 11th day after receiving the notice 
  6.22  was mailed.  The board must further notify by certified mail or 
  6.23  personal service any lobbyist who fails to file a form within 21 
  6.24  days of receiving a first notice that the lobbyist may be 
  6.25  subject to a criminal penalty for failure to file the form.  A 
  6.26  lobbyist who knowingly fails to file a form within seven 30 days 
  6.27  after receiving a second notice from the board learning that the 
  6.28  filing is required is guilty of a misdemeanor. 
  6.29     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  6.30  10A.04, subdivision 5, is amended to read: 
  6.31     Subd. 5.  [LATE FILING.] The board must notify by certified 
  6.32  mail or personal service any lobbyist or principal who fails 
  6.33  after seven days after a filing date imposed by this section to 
  6.34  file a report or statement required by this section.  If a 
  6.35  lobbyist or principal fails to file a report within seven ten 
  6.36  days after receiving this the notice was mailed, the board may 
  7.1   impose a late filing fee of $5 per day, not to exceed $100, 
  7.2   commencing with the eighth 11th day after receiving the notice 
  7.3   was mailed.  The board must further notify by certified mail or 
  7.4   personal service any lobbyist who fails to file a report within 
  7.5   21 days after receiving a first notice that the lobbyist may be 
  7.6   subject to a criminal penalty for failure to file the report.  A 
  7.7   lobbyist who knowingly fails to file such a report or statement 
  7.8   within seven 30 days after receiving a second notice from the 
  7.9   board learning that filing is required is guilty of a 
  7.10  misdemeanor. 
  7.11     Sec. 8.  Minnesota Statutes 1999 Supplement, section 
  7.12  10A.08, is amended to read: 
  7.13     10A.08 [REPRESENTATION DISCLOSURE.] 
  7.14     A public official who represents a client for a fee before 
  7.15  an individual, board, commission, or agency that has rulemaking 
  7.16  authority in a hearing conducted under chapter 14, must disclose 
  7.17  the official's participation in the action to the board within 
  7.18  14 days after the appearance.  The board must notify by 
  7.19  certified mail or personal service any public official who fails 
  7.20  to disclose the participation within 14 days after the 
  7.21  appearance.  If the public official fails to disclose the 
  7.22  participation within seven ten days of this after the notice 
  7.23  was mailed, the board may impose a late filing fee of $5 per 
  7.24  day, not to exceed $100, commencing on the eighth 11th day after 
  7.25  receiving the notice was mailed. 
  7.26     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
  7.27  10A.09, subdivision 3, is amended to read: 
  7.28     Subd. 3.  [NOTICE OF FILING PUBLICATION.] The board must 
  7.29  notify the presiding officer of the house that will approve or 
  7.30  disapprove the nomination, of the name of an individual who has 
  7.31  filed a publish the statement of economic interest with the 
  7.32  board, a copy of the statement, and the date on which the 
  7.33  statement was filed on its web site. 
  7.34     Sec. 10.  Minnesota Statutes 1999 Supplement, section 
  7.35  10A.09, subdivision 7, is amended to read: 
  7.36     Subd. 7.  [LATE FILING.] The board must notify by certified 
  8.1   mail or personal service any individual who fails within the 
  8.2   prescribed time to file a statement of economic interest 
  8.4   required by this section.  If an individual fails to file a 
  8.5   statement within seven ten days after receiving this the notice 
  8.6   was mailed, the board may impose a late filing fee of $5 per 
  8.7   day, not to exceed $100, commencing on the eighth 11th day after 
  8.8   receiving the notice was mailed.  The board must further notify 
  8.9   by certified mail or personal service any individual who fails 
  8.10  to file a statement within 21 days after receiving a first 
  8.11  notice that the individual may be subject to a criminal penalty 
  8.12  for failure to file a statement.  An individual who knowingly 
  8.13  fails to file a statement within seven 30 days after a second 
  8.14  notice learning that the filing is required is guilty of a 
  8.15  misdemeanor. 
  8.16     Sec. 11.  [10A.107] [LEGAL AND DEFENSE COMMITTEES.] 
  8.17     The treasurer of every legal fund, defense fund, or similar 
  8.18  committee or fund that specifically benefits an incumbent public 
  8.19  official or newly elected individual and that is created and 
  8.20  funded by supporters of the public official or newly elected 
  8.21  individual must register in the same manner as a political 
  8.22  committee and must disclose its contributions and expenditures 
  8.23  in the same manner as a political committee under section 10A.20 
  8.24  and at the same times as reports are required of lobbyists under 
  8.25  section 10A.04. 
  8.26     Sec. 12.  Minnesota Statutes 1999 Supplement, section 
  8.27  10A.14, subdivision 4, is amended to read: 
  8.28     Subd. 4.  [FAILURE TO FILE; PENALTY.] The board must notify 
  8.29  by certified mail or personal service any individual who fails 
  8.30  to file a statement required by this section.  If an individual 
  8.31  fails to file a statement within seven ten days after receiving 
  8.32  a the notice was mailed, the board may impose a late filing fee 
  8.33  of $5 per day, not to exceed $100, commencing with the eighth 
  8.34  11th day after receiving the notice was mailed.  The board 
  8.35  must further notify by certified mail or personal service any 
  8.36  individual who fails to file a statement within 21 days after 
  8.37  receiving a first notice that such individual may be subject to 
  9.1   a criminal penalty for failure to file the report.  The late 
  9.2   filing fee may be paid out of the assets of the political 
  9.3   committee or fund.  An individual who knowingly fails to file 
  9.4   the statement within seven 30 days after receiving a second 
  9.5   notice from the board learning that the filing is required is 
  9.6   guilty of a misdemeanor. 
  9.7      Sec. 13.  Minnesota Statutes 1999 Supplement, section 
  9.8   10A.15, subdivision 3, is amended to read: 
  9.9      Subd. 3.  [DEPOSIT.] All contributions received by or on 
  9.10  behalf of a candidate, principal campaign committee, political 
  9.11  committee, political fund, or party unit must be deposited in an 
  9.12  account designated "Campaign Fund of ..... (name of candidate, 
  9.13  committee, fund, or party unit)."  All contributions must be 
  9.14  deposited promptly upon within 30 days after receipt and, except 
  9.15  for contributions received during the last three days of a 
  9.16  reporting period as described in section 10A.20, must be 
  9.17  deposited during the reporting period in which they were 
  9.18  received.  A contribution received during the last three days of 
  9.19  a reporting period must be deposited within 72 hours after 
  9.20  receipt and must be reported as received during the reporting 
  9.21  period whether or not deposited within that period.  A 
  9.22  candidate, principal campaign committee, political committee, 
  9.23  political fund, or party unit may refuse to accept a 
  9.24  contribution.  A deposited contribution may be returned to the 
  9.25  contributor within 60 90 days after deposit.  A contribution 
  9.26  deposited and not returned within 60 90 days after that deposit 
  9.27  must be reported as accepted. 
  9.28     Sec. 14.  Minnesota Statutes 1999 Supplement, section 
  9.29  10A.15, subdivision 5, is amended to read: 
  9.30     Subd. 5.  [REGISTRATION NUMBER ON CHECKS.] A contribution 
  9.31  made to a candidate by a lobbyist, political committee, or 
  9.32  political fund, that makes a contribution to a candidate or 
  9.33  party unit must show on the contribution the name of the 
  9.34  lobbyist, political committee, political fund, or party unit and 
  9.35  the number under which it is registered with the board.  A 
  9.36  candidate or party unit may rely upon the presence or absence of 
 10.1   a registration number in determining whether the contribution is 
 10.2   from a lobbyist and is not subject to a civil penalty for the 
 10.3   failure of a contributor to comply with this subdivision.  The 
 10.4   contributor is subject to a civil penalty imposed by the board. 
 10.5      Sec. 15.  Minnesota Statutes 1999 Supplement, section 
 10.6   10A.15, is amended by adding a subdivision to read: 
 10.7      Subd. 6.  [CONTRIBUTION FROM A JOINT ACCOUNT.] Unless 
 10.8   otherwise specified by one of the owners, a contribution given 
 10.9   by a check drawn on a joint account may be presumed to be a 
 10.10  contribution by the owners of the joint account in equal shares 
 10.11  if the total contribution per person does not exceed $100. 
 10.12     Sec. 16.  Minnesota Statutes 1999 Supplement, section 
 10.13  10A.20, subdivision 2, is amended to read: 
 10.14     Subd. 2.  [TIME FOR FILING.] (a) The reports must be filed 
 10.15  with the board on or before January 31 of each year and 
 10.16  additional reports must be filed as required and in accordance 
 10.17  with paragraphs (b) and, (c), and (d).  
 10.18     (b) In each year in which the name of the candidate is on 
 10.19  the ballot, the report of the principal campaign committee must 
 10.20  be filed 15 days before a primary and ten days before a general 
 10.21  election, seven days before a special primary and a special 
 10.22  election, and ten days after a special election cycle.  
 10.23     (c) In each general election year, a political committee, 
 10.24  political fund, or party unit must file reports 15 days before a 
 10.25  primary and ten days before a general election.  
 10.26     (d) A political committee or political fund that makes 
 10.27  independent expenditures related to a special election must file 
 10.28  reports on the independent expenditures seven days before the 
 10.29  special primary and special election and ten days after the 
 10.30  special election cycle. 
 10.31     Sec. 17.  Minnesota Statutes 1999 Supplement, section 
 10.32  10A.20, subdivision 3, is amended to read: 
 10.33     Subd. 3.  [CONTENTS OF REPORT.] (a) The report must 
 10.34  disclose the amount of liquid assets on hand at the beginning of 
 10.35  the reporting period.  
 10.36     (b) The report must disclose the name, address, and 
 11.1   employer, or occupation if self-employed, of each individual or 
 11.2   association that has made one or more contributions to the 
 11.3   reporting entity, including the purchase of tickets for a 
 11.4   fund-raising effort, that in aggregate within the year exceed 
 11.5   $100 for legislative or statewide candidates or ballot 
 11.6   questions, together with the amount and date of each 
 11.7   contribution, and the aggregate amount of contributions within 
 11.8   the year from each source so disclosed.  A donation in kind must 
 11.9   be disclosed at its fair market value.  An approved expenditure 
 11.10  must be listed as a donation in kind.  A donation in kind is 
 11.11  considered consumed in the reporting period in which it is 
 11.12  received.  The names of contributors must be listed in 
 11.13  alphabetical order.  Contributions from the same contributor 
 11.14  must be listed under the same name.  When a contribution 
 11.15  received from a contributor in a reporting period is added to 
 11.16  previously reported unitemized contributions from the same 
 11.17  contributor and the aggregate exceeds the disclosure threshold 
 11.18  of this paragraph, the name, address, and employer, or 
 11.19  occupation if self-employed, of the contributor must then be 
 11.20  listed on the report. 
 11.21     (c) The report must disclose the sum of contributions to 
 11.22  the reporting entity during the reporting period.  
 11.23     (d) The report must disclose each loan made or received by 
 11.24  the reporting entity within the year in aggregate in excess of 
 11.25  $100, continuously reported until repaid or forgiven, together 
 11.26  with the name, address, occupation, and principal place of 
 11.27  business, if any, of the lender and any endorser and the date 
 11.28  and amount of the loan.  If a loan made to the principal 
 11.29  campaign committee of a candidate is forgiven or is repaid by an 
 11.30  entity other than that principal campaign committee, it must be 
 11.31  reported as a contribution for the year in which the loan was 
 11.32  made.  
 11.33     (e) The report must disclose each receipt over $100 during 
 11.34  the reporting period not otherwise listed under paragraphs (b) 
 11.35  to (d).  
 11.36     (f) The report must disclose the sum of all receipts of the 
 12.1   reporting entity during the reporting period.  
 12.2      (g) The report must disclose the name and address of each 
 12.3   individual or association to whom aggregate expenditures, 
 12.4   including approved expenditures, have been made by or on behalf 
 12.5   of the reporting entity within the year in excess of $100, 
 12.6   together with the amount, date, and purpose of each expenditure 
 12.7   and the name and address of, and office sought by, each 
 12.8   candidate on whose behalf the expenditure was made, 
 12.9   identification of the ballot question that the expenditure was 
 12.10  intended to promote or defeat, and in the case of independent 
 12.11  expenditures made in support of or opposition to a candidate, 
 12.12  the candidate's name, address, and office sought.  A reporting 
 12.13  entity making an expenditure on behalf of more than one 
 12.14  candidate for state or legislative office must allocate the 
 12.15  expenditure among the candidates on a reasonable cost basis and 
 12.16  report the allocation for each candidate. 
 12.17     (h) The report must disclose the sum of all expenditures 
 12.18  made by or on behalf of the reporting entity during the 
 12.19  reporting period.  
 12.20     (i) The report must disclose the amount and nature of an 
 12.21  advance of credit incurred by the reporting entity, continuously 
 12.22  reported until paid or forgiven.  If an advance of credit 
 12.23  incurred by the principal campaign committee of a candidate is 
 12.24  forgiven by the creditor or paid by an entity other than that 
 12.25  principal campaign committee, it must be reported as a donation 
 12.26  in kind for the year in which the advance of credit was made. 
 12.27     (j) The report must disclose the name and address of each 
 12.28  political committee, political fund, principal campaign 
 12.29  committee, or party unit to which contributions have been made 
 12.30  that aggregate in excess of $100 within the year and the amount 
 12.31  and date of each contribution. 
 12.32     (k) The report must disclose the sum of all contributions 
 12.33  made by the reporting entity during the reporting period.  
 12.34     (l) The report must disclose the name and address of each 
 12.35  individual or association to whom noncampaign disbursements have 
 12.36  been made that aggregate in excess of $100 within the year by or 
 13.1   on behalf of the reporting entity and the amount, date, and 
 13.2   purpose of each noncampaign disbursement.  
 13.3      (m) The report must disclose the sum of all noncampaign 
 13.4   disbursements made within the year by or on behalf of the 
 13.5   reporting entity.  
 13.6      (n) The report must disclose the name and address of a 
 13.7   nonprofit corporation that provides administrative assistance to 
 13.8   a political committee or political fund as authorized by section 
 13.9   211B.15, subdivision 17, the type of administrative assistance 
 13.10  provided, and the aggregate fair market value of each type of 
 13.11  assistance provided to the political committee or political fund 
 13.12  during the reporting period.  
 13.13     Sec. 18.  Minnesota Statutes 1999 Supplement, section 
 13.14  10A.20, subdivision 5, is amended to read: 
 13.15     Subd. 5.  [PREELECTION REPORTS.] In a statewide election 
 13.16  any loan, contribution, or contributions from any one source 
 13.17  totaling $2,000 or more, or in any judicial district or 
 13.18  legislative election totaling more than $400, received between 
 13.19  the last day covered in the last report before an election and 
 13.20  the election must be reported to the board in one of the 
 13.21  following ways: 
 13.22     (1) in person within 48 hours after its receipt; 
 13.23     (2) by telegram or mailgram within 48 hours after its 
 13.24  receipt; or 
 13.25     (3) by certified mail sent within 48 hours after its 
 13.26  receipt; 
 13.27     (4) by facsimile transmission; or 
 13.28     (5) by any other method of electronic transmission approved 
 13.29  by the board. 
 13.30     The report must be received by the board within 48 hours 
 13.31  after the loan or contribution was received. 
 13.32     These loans and contributions must also be reported in the 
 13.33  next required report. 
 13.34     The 48-hour notice requirement does not apply with respect 
 13.35  to a primary in which the statewide or legislative candidate is 
 13.36  unopposed. 
 14.1      Sec. 19.  Minnesota Statutes 1999 Supplement, section 
 14.2   10A.20, subdivision 12, is amended to read: 
 14.3      Subd. 12.  [FAILURE TO FILE; PENALTY.] The board must 
 14.4   notify by certified mail or personal service an individual who 
 14.5   fails to file a statement required by this section.  If an 
 14.6   individual fails to file a statement due January 31 within seven 
 14.7   ten days after receiving a notice was mailed, the board may 
 14.8   impose a late filing fee of $5 per day, not to exceed $100, 
 14.9   commencing on the eighth 11th day after receiving the notice 
 14.10  was mailed.  If an individual fails to file a statement due 
 14.11  before a primary or election within three days after the date 
 14.12  due, regardless of whether the individual has received any 
 14.13  notice, the board may impose a late filing fee of $50 per day, 
 14.14  not to exceed $500, commencing on the fourth day after the date 
 14.15  the statement was due.  The board must further notify by 
 14.16  certified mail or personal service an individual who fails to 
 14.17  file a statement within 14 days after receiving a first notice 
 14.18  from the board that the individual may be subject to a criminal 
 14.19  penalty for failure to file a statement.  The late filing fee 
 14.20  may be paid out of the assets of the political committee or fund.
 14.21  An individual who knowingly fails to file the statement 
 14.22  within seven 30 days after receiving a second notice from the 
 14.23  board learning that the filing is required is guilty of a 
 14.24  misdemeanor. 
 14.25     Sec. 20.  Minnesota Statutes 1999 Supplement, section 
 14.26  10A.20, is amended by adding a subdivision to read: 
 14.27     Subd. 15.  [EQUITABLE RELIEF.] A candidate whose opponent 
 14.28  does not timely file the report due 15 days before the primary, 
 14.29  the report due ten days before the general election, or the 
 14.30  report required under section 10A.25, subdivision 10, may 
 14.31  petition the district court for immediate equitable relief to 
 14.32  enforce the filing requirement.  A prevailing party under this 
 14.33  subdivision may be awarded attorney fees and costs by the court. 
 14.34     Sec. 21.  Minnesota Statutes 1999 Supplement, section 
 14.35  10A.25, subdivision 2, is amended to read: 
 14.36     Subd. 2.  [AMOUNTS.] (a) In a year in which an election is 
 15.1   held for an office sought by a candidate, the principal campaign 
 15.2   committee of the candidate must not make campaign expenditures 
 15.3   nor permit approved expenditures to be made on behalf of the 
 15.4   candidate that result in aggregate expenditures in excess of the 
 15.5   following: 
 15.6      (1) for governor and lieutenant governor, running together, 
 15.7   $1,626,691; 
 15.8      (2) for attorney general, $271,116 $353,200; 
 15.9      (3) for secretary of state and state auditor, separately, 
 15.10  $135,559 $176,600; 
 15.11     (4) for state senator, $40,669; 
 15.12     (5) for state representative, $20,335. 
 15.13     (b) In addition to the amount in paragraph (a), clause (1), 
 15.14  a candidate for endorsement for the office of lieutenant 
 15.15  governor at the convention of a political party may make 
 15.16  campaign expenditures and approved expenditures of five percent 
 15.17  of that amount to seek endorsement.  
 15.18     (c) If a special election cycle occurs during a general 
 15.19  election cycle, expenditures by or on behalf of a candidate in 
 15.20  the special election do not count as expenditures by or on 
 15.21  behalf of the candidate in the general election. 
 15.22     (d) The expenditure limits in this subdivision for an 
 15.23  office are increased by ten percent for a candidate who is 
 15.24  running for that office for the first time and who has not run 
 15.25  previously for any other office whose territory now includes a 
 15.26  population that is more than one-third of the population in the 
 15.27  territory of the new office. 
 15.28     Sec. 22.  Minnesota Statutes 1999 Supplement, section 
 15.29  10A.25, subdivision 10, is amended to read: 
 15.30     Subd. 10.  [EFFECT OF OPPONENT'S CONDUCT.] (a) After August 
 15.31  1 in an election year for the office, a candidate who has agreed 
 15.32  to be bound by the expenditure limits imposed by this section as 
 15.33  a condition of receiving a public subsidy for the candidate's 
 15.34  campaign is may choose to be released from the expenditure 
 15.35  limits but remains remain eligible to receive a public subsidy 
 15.36  if the candidate has an opponent who does has not agree agreed 
 16.1   to be bound by the limits and receives has received 
 16.2   contributions or makes made or becomes become obligated to make 
 16.3   expenditures during that election cycle in excess of the 
 16.4   following limits: 
 16.5      (1) up to ten days during the reporting period before the 
 16.6   primary election, receipts or expenditures equal to 20 percent 
 16.7   of the expenditure limit for that office as set forth in 
 16.8   subdivision 2; or 
 16.9      (2) after ten days before the primary election that 
 16.10  reporting period, cumulative receipts or expenditures during 
 16.11  that election cycle equal to 50 percent of the expenditure limit 
 16.12  for that office as set forth in subdivision 2. 
 16.13     Before the primary election, a candidate's "opponents" are 
 16.14  only those who will appear on the ballot of the same party in 
 16.15  the primary election. 
 16.16     (b) A candidate who has not agreed to be bound by 
 16.17  expenditure limits, or the candidate's principal campaign 
 16.18  committee, must file written notice with the board and provide 
 16.19  written notice to any opponent of the candidate for the same 
 16.20  office within 24 hours of exceeding the limits in paragraph (a), 
 16.21  clause (2).  The notice must state only that the candidate or 
 16.22  candidate's principal campaign committee has received 
 16.23  contributions or made or become obligated to make campaign 
 16.24  expenditures in excess of the limits in paragraph (a), clause 
 16.25  (2). 
 16.26     (c) Upon receipt of the notice, the a candidate who had 
 16.27  agreed to be bound by the limits is may file with the board a 
 16.28  notice that the candidate chooses to be no longer bound by the 
 16.29  expenditure limits.  A notice of a candidate's choice not to be 
 16.30  bound by the expenditure limits that is based on the conduct of 
 16.31  an opponent in the state primary election may not be filed more 
 16.32  than one day after the state canvassing board has declared the 
 16.33  results of the state primary. 
 16.34     (d) A candidate who has agreed to be bound by the 
 16.35  expenditure limits imposed by this section and whose opponent in 
 16.36  the general election has chosen, as provided in paragraph (c), 
 17.1   not to be bound by the expenditure limits because of the conduct 
 17.2   of an opponent in the primary election is no longer bound by the 
 17.3   limits but remains eligible to receive a public subsidy. 
 17.4      (e) If a candidate is released from expenditure limits 
 17.5   under this subdivision, the candidate is also released from the 
 17.6   limits on contributions to the candidate's own campaign under 
 17.7   section 10A.27, subdivision 10. 
 17.8      Sec. 23.  Minnesota Statutes 1999 Supplement, section 
 17.9   10A.25, is amended by adding a subdivision to read: 
 17.10     Subd. 14.  [PROHIBITED EXPENDITURES.] A candidate's 
 17.11  principal campaign committee must not make an independent 
 17.12  expenditure on behalf of another principal campaign committee. 
 17.13     Sec. 24.  Minnesota Statutes 1999 Supplement, section 
 17.14  10A.27, subdivision 9, is amended to read: 
 17.15     Subd. 9.  [CONTRIBUTIONS TO AND FROM OTHER CANDIDATES.] (a) 
 17.16  A candidate or the treasurer of a candidate's principal campaign 
 17.17  committee must not accept a contribution from another 
 17.18  candidate's principal campaign committee or from any other 
 17.19  committee bearing the contributing candidate's name or title or 
 17.20  otherwise authorized by the contributing candidate, unless the 
 17.21  contributing candidate's principal campaign committee is being 
 17.22  dissolved.  A candidate's principal campaign committee must not 
 17.23  make a contribution to another candidate's principal campaign 
 17.24  committee, except when the contributing committee is being 
 17.25  dissolved.  The contributing committee must provide with the 
 17.26  contribution a written statement of the committee's intent to 
 17.27  dissolve and terminate its registration by the end of that 
 17.28  calendar year.  If the committee fails to dissolve and terminate 
 17.29  its registration by that time, a civil penalty equal to the size 
 17.30  of the contribution, up to the amount remaining in the 
 17.31  committee's treasury, may be levied against the contributing 
 17.32  committee. 
 17.33     (b) A candidate's principal campaign committee must not 
 17.34  accept a contribution from, or make a contribution to, a 
 17.35  committee associated with a person who seeks nomination or 
 17.36  election to the office of President, Senator, or Representative 
 18.1   in Congress of the United States. 
 18.2      (c) A candidate or the treasurer of a candidate's principal 
 18.3   campaign committee must not accept a contribution from a 
 18.4   candidate for political subdivision office in any state, unless 
 18.5   the contribution is from the personal funds of the candidate for 
 18.6   political subdivision office.  A candidate or the treasurer of a 
 18.7   candidate's principal campaign committee must not make a 
 18.8   contribution from the principal campaign committee to a 
 18.9   candidate for political subdivision office in any state. 
 18.10     Sec. 25.  Minnesota Statutes 1999 Supplement, section 
 18.11  10A.27, subdivision 10, is amended to read: 
 18.12     Subd. 10.  [LIMITED PERSONAL CONTRIBUTIONS.] A candidate 
 18.13  who accepts a public subsidy may not contribute to the 
 18.14  candidate's own campaign during a year more than ten times the 
 18.15  candidate's election year contribution limit under subdivision 1.
 18.16  A candidate whose name was on the primary or general election 
 18.17  ballot but who was not elected may contribute, in the year 
 18.18  following the candidate's defeat, up to 20 times the candidate's 
 18.19  election year contribution limit under subdivision 1, to pay all 
 18.20  or part of the debts of the committee.  A candidate who 
 18.21  terminates the candidate's principal campaign committee may 
 18.22  contribute to the committee an amount necessary to pay all or 
 18.23  part of the debts of the committee. 
 18.24     Sec. 26.  Minnesota Statutes 1999 Supplement, section 
 18.25  10A.273, subdivision 1, is amended to read: 
 18.26     Subdivision 1.  [CONTRIBUTIONS DURING LEGISLATIVE 
 18.27  SESSION.] (a) A candidate for the legislature or for 
 18.28  constitutional office, the candidate's principal campaign 
 18.29  committee, or a political committee or party unit established by 
 18.30  all or a part of the party organization within a house of the 
 18.31  legislature, must not solicit or accept a contribution from a 
 18.32  registered lobbyist, political committee, or political fund, or 
 18.33  from a party unit established by the party organization within a 
 18.34  house of the legislature, during a regular session of the 
 18.35  legislature. 
 18.36     (b) A lobbyist, political committee, or political fund must 
 19.1   not make a contribution prohibited by this section. 
 19.2      (c) A candidate's principal campaign committee may make 
 19.3   contributions to a party unit established by all or a part of 
 19.4   the party organization within a house of the legislature during 
 19.5   a regular session of the legislature. 
 19.6      (d) For a candidate for governor or lieutenant governor, 
 19.7   the prohibition in this subdivision extends to the 14 days 
 19.8   immediately following the adjournment of the legislature in 
 19.9   either year of the biennium. 
 19.10     Sec. 27.  Minnesota Statutes 1999 Supplement, section 
 19.11  10A.273, subdivision 4, is amended to read: 
 19.12     Subd. 4.  [CIVIL PENALTY.] A candidate, political 
 19.13  committee, or political fund, party unit, or lobbyist that 
 19.14  violates this section is subject to a civil fine of up to $500.  
 19.15  If the board makes a public finding that there is probable cause 
 19.16  to believe a violation of this section has occurred, the board 
 19.17  must bring an action, or transmit the finding to a county 
 19.18  attorney who must bring an action, in the district court of 
 19.19  Ramsey county, to collect a civil fine as imposed by the board.  
 19.20  Fines paid under this section must be deposited in the general 
 19.21  fund in the state treasury. 
 19.22     Sec. 28.  Minnesota Statutes 1999 Supplement, section 
 19.23  10A.273, is amended by adding a subdivision to read: 
 19.24     Subd. 6.  [FEDERAL OFFICES.] This section does not prohibit 
 19.25  a candidate from soliciting or accepting a contribution to a 
 19.26  campaign for a federal office. 
 19.27     Sec. 29.  Minnesota Statutes 1999 Supplement, section 
 19.28  10A.29, is amended to read: 
 19.29     10A.29 [CIRCUMVENTION PROHIBITED.] 
 19.30     Any attempt by an individual or association to circumvent 
 19.31  this chapter by redirecting a contribution or giving a gift 
 19.32  through, or making a contribution or giving a gift on behalf of, 
 19.33  another individual or association is a gross misdemeanor. 
 19.34     Sec. 30.  Minnesota Statutes 1999 Supplement, section 
 19.35  10A.31, subdivision 7, is amended to read: 
 19.36     Subd. 7.  [DISTRIBUTION OF GENERAL ACCOUNT.] (a) Within two 
 20.1   weeks after certification by the state canvassing board of the 
 20.2   results of the general election, the board must distribute the 
 20.3   available money in the general account, as certified by the 
 20.4   commissioner of revenue on November 1 and according to 
 20.5   allocations set forth in subdivision 5, in equal amounts to all 
 20.6   candidates who: 
 20.7      (1) have signed a spending limit agreement under section 
 20.8   10A.322; 
 20.9      (2) have filed the affidavit of contributions required by 
 20.10  section 10A.323; 
 20.11     (3) were opposed in either the primary election or the 
 20.12  general election; and 
 20.13     (4) are either a candidate for statewide office who 
 20.14  received at least five percent of the votes cast in the general 
 20.15  election for that office or a candidate for legislative office 
 20.16  who received at least ten percent of the votes cast in the 
 20.17  general election for that seat. 
 20.18     (b) The public subsidy under this subdivision may not be 
 20.19  paid in an amount that would cause the sum of the public subsidy 
 20.20  paid from the party account plus the public subsidy paid from 
 20.21  the general account to exceed 50 percent of the expenditure 
 20.22  limit for the candidate or 50 percent of the expenditure limit 
 20.23  that would have applied to the candidate if the candidate had 
 20.24  not been freed from expenditure limits under section 10A.25, 
 20.25  subdivision 10.  Money from the general account not paid to a 
 20.26  candidate because of the 50 percent limit must be distributed 
 20.27  equally among all other qualifying candidates for the same 
 20.28  office until all have reached the 50 percent limit or the 
 20.29  balance in the general account is exhausted.  
 20.30     (c) If a candidate has not yet filed a campaign finance 
 20.31  report required by section 10A.20, subdivision 2, or the 
 20.32  candidate owes money to the board, the board must withhold the 
 20.33  candidate's public subsidy until the report has been filed or 
 20.34  the debt has been paid, whichever applies.  If the report has 
 20.35  not been filed or the debt has not been paid to the board by the 
 20.36  end of the fiscal year, the subsidy must be applied to the debts 
 21.1   owed by the candidate to the board and any remaining amount must 
 21.2   be canceled to the general account. 
 21.3      Sec. 31.  Minnesota Statutes 1999 Supplement, section 
 21.4   10A.31, subdivision 10a, is amended to read: 
 21.5      Subd. 10a.  [FORM OF DISTRIBUTION.] A distribution to a 
 21.6   candidate must be in the form of a check made "payable to the 
 21.7   campaign fund of ......(name of candidate)......."  A check may 
 21.8   include as an additional payee a financial institution named by 
 21.9   the candidate in a notice filed with the board at least ten days 
 21.10  before the payment was due to be made.  Once the notice has been 
 21.11  filed, the candidate may not remove or change the name of the 
 21.12  additional payee without filing with the board the written 
 21.13  approval of the financial institution previously named.  
 21.14     Sec. 32.  Minnesota Statutes 1999 Supplement, section 
 21.15  10A.315, is amended to read: 
 21.16     10A.315 [SPECIAL ELECTION SUBSIDY.] 
 21.17     (a) Each eligible candidate for a legislative office in a 
 21.18  special election must be paid a public subsidy equal to the sum 
 21.19  of: 
 21.20     (1) the party account money at the last general election 
 21.21  for the candidate's party for the office the candidate is 
 21.22  seeking; and 
 21.23     (2) the general account money paid to a candidate for the 
 21.24  same office at the last general election.  
 21.25     (b) A candidate who wishes to receive this public subsidy 
 21.26  must submit a signed agreement under section 10A.322 to the 
 21.27  board and must meet the contribution requirements of section 
 21.28  10A.323, except that the candidate may count contributions 
 21.29  received during the two months immediately preceding the special 
 21.30  election, other than contributions the candidate has previously 
 21.31  included on an affidavit of contributions for another election, 
 21.32  and the amount of contributions required is one-quarter of the 
 21.33  amount stated in section 10A.323.  The special election subsidy 
 21.34  must be distributed in the same manner as money in the party and 
 21.35  general accounts is distributed to legislative candidates in a 
 21.36  general election. 
 22.1      (c) The amount necessary to make the payments required by 
 22.2   this section is appropriated from the general fund to the board. 
 22.3      Sec. 33.  Minnesota Statutes 1999 Supplement, section 
 22.4   10A.322, subdivision 1, is amended to read: 
 22.5      Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 22.6   condition of receiving a public subsidy, a candidate must sign 
 22.7   and file with the board a written agreement in which the 
 22.8   candidate agrees that the candidate will comply with sections 
 22.9   10A.25; 10A.27, subdivision 10; and 10A.324. 
 22.10     (b) Before the first day of filing for office, the board 
 22.11  must forward agreement forms to all filing officers.  The board 
 22.12  must also provide agreement forms to candidates on request at 
 22.13  any time.  The candidate must file the agreement with the board 
 22.14  by September August 1 preceding the candidate's general election 
 22.15  or a special election held at the general election.  An 
 22.16  agreement may not be filed after that date.  An agreement once 
 22.17  filed may not be rescinded. 
 22.18     (c) The board must notify the commissioner of revenue of 
 22.19  any agreement signed under this subdivision. 
 22.20     (d) Notwithstanding paragraph (b), if a vacancy occurs that 
 22.21  will be filled by means of a special election and the filing 
 22.22  period does not coincide with the filing period for the general 
 22.23  election, a candidate may sign and submit a spending limit 
 22.24  agreement not later than the day after the candidate files the 
 22.25  affidavit of candidacy or nominating petition for the office. 
 22.26     (e) A candidate who fills a vacancy in nomination that 
 22.27  occurs after the deadline in paragraph (b) may file a spending 
 22.28  limit agreement no later than the day after the candidate fills 
 22.29  the vacancy. 
 22.30     Sec. 34.  Minnesota Statutes 1999 Supplement, section 
 22.31  10A.322, subdivision 4, is amended to read: 
 22.32     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board must 
 22.33  make available to a political party, as defined in section 
 22.34  290.06, subdivision 23, on request and to any candidate for whom 
 22.35  an agreement under this section is effective, a supply of 
 22.36  official refund receipt forms that state in boldface type that 
 23.1   (1) a contributor who is given a receipt form is eligible to 
 23.2   claim a refund as provided in section 290.06, subdivision 23, 
 23.3   and (2) if the contribution is to a candidate, that the 
 23.4   candidate has signed an agreement to limit campaign expenditures 
 23.5   as provided in this section.  The forms must provide duplicate 
 23.6   copies of the receipt to be attached to the contributor's 
 23.7   claim.  A candidate who does not sign an agreement under this 
 23.8   section and who willfully issues an official refund receipt form 
 23.9   or a facsimile of one to any of the candidate's contributors is 
 23.10  guilty of a misdemeanor.  A principal campaign committee or 
 23.11  party unit must return to the board with its termination report 
 23.12  or destroy any official receipt forms that have not been issued. 
 23.13     Sec. 35.  Minnesota Statutes 1999 Supplement, section 
 23.14  10A.324, subdivision 1, is amended to read: 
 23.15     Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate must 
 23.16  return all or a portion of the public subsidy received from the 
 23.17  state elections campaign fund or the public subsidy received 
 23.18  under section 10A.315, under the circumstances in this section 
 23.19  or section 10A.257, subdivision 1. 
 23.20     To the extent that the amount of public subsidy received 
 23.21  exceeds the aggregate of:  (1) actual expenditures made by the 
 23.22  principal campaign committee of the candidate; and (2) approved 
 23.23  expenditures made on behalf of the candidate, the treasurer of 
 23.24  the candidate's principal campaign committee must return an 
 23.25  amount equal to the difference to the board.  The cost of 
 23.26  postage that was not used during an election cycle and payments 
 23.27  that created credit balances at vendors at the close of an 
 23.28  election cycle are not considered expenditures for purposes of 
 23.29  determining the amount to be returned.  Expenditures in excess 
 23.30  of the candidate's spending limit do not count in determining 
 23.31  aggregate expenditures under this paragraph. 
 23.32     If the board determines that a candidate has filed an 
 23.33  affidavit of contributions under section 10A.323 that is not 
 23.34  supported by the campaign finance reports filed by the candidate 
 23.35  under section 10A.20, and the amount reported in the campaign 
 23.36  finance report is less than the amount required under section 
 24.1   10A.323 to be eligible for a public subsidy under section 
 24.2   10A.31, the board must notify the treasurer of the candidate's 
 24.3   principal campaign committee.  If the treasurer fails promptly 
 24.4   to correct the campaign finance reports to support the 
 24.5   affidavit, the board must withhold any public subsidy not yet 
 24.6   paid to the candidate and demand return of any public subsidy 
 24.7   paid to the candidate for that election cycle.  The treasurer 
 24.8   must return the entire public subsidy to the board. 
 24.9      Sec. 36.  Minnesota Statutes 1999 Supplement, section 
 24.10  10A.34, is amended to read: 
 24.11     10A.34 [REMEDIES.] 
 24.12     Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
 24.13  a duty under this chapter is personally liable for the penalty 
 24.14  for failing to discharge it, except that the treasurer or other 
 24.15  officer of a principal campaign committee is not personally 
 24.16  responsible for civil violations of this chapter and the 
 24.17  candidate is personally responsible for civil violations by the 
 24.18  treasurer and other officers of the principal campaign committee.
 24.19     Subd. 1a.  [RECOVERING LATE FEES.] The board may bring an 
 24.20  action in the district court in Ramsey county to recover a late 
 24.21  filing fee or civil penalty imposed or public subsidy paid under 
 24.22  this chapter.  Money recovered must be deposited in the general 
 24.23  fund of the state. 
 24.24     Subd. 2.  [INJUNCTION.] The board or a county attorney may 
 24.25  seek an injunction in the district court to enforce this chapter.
 24.26     Subd. 3.  [NOT A CRIME.] Unless otherwise provided, a 
 24.27  violation of this chapter is not a crime but is subject to a 
 24.28  civil penalty imposed by the board in an amount up to $500. 
 24.29     Subd. 4.  [AWARD OF COSTS.] If the board prevails in an 
 24.30  action to enforce this chapter, the board may request and the 
 24.31  court may award to the board its costs, disbursements, 
 24.32  reasonable attorney fees, and witness fees. 
 24.33     Subd. 5.  [PENALTY FOR FALSE COMPLAINTS.] A person who 
 24.34  knowingly makes a false or bad-faith complaint or report of an 
 24.35  alleged violation of this chapter is subject to a civil penalty 
 24.36  imposed by the board of up to $500. 
 25.1      Sec. 37.  Minnesota Statutes 1998, section 200.02, 
 25.2   subdivision 7, is amended to read: 
 25.3      Subd. 7.  [MAJOR POLITICAL PARTY.] "Major political party" 
 25.4   means a political party that maintains a party organization in 
 25.5   the state, political division or precinct in question and: 
 25.6      (a) which has presented at least one candidate for election 
 25.7   to a partisan the office of governor, senator in Congress, or 
 25.8   presidential elector at the last preceding state general 
 25.9   election for that office, which candidate received votes in each 
 25.10  county in that election and received votes from not less than 
 25.11  five percent of the total number of individuals who voted in 
 25.12  that election; or 
 25.13     (b) whose members present to the secretary of state a 
 25.14  petition for a place on the state partisan primary ballot, which 
 25.15  petition contains signatures of a number of the party members 
 25.16  equal to at least five percent of the total number of 
 25.17  individuals who voted in the preceding state general election. 
 25.18     Sec. 38.  Minnesota Statutes 1998, section 200.02, is 
 25.19  amended by adding a subdivision to read: 
 25.20     Subd. 24.  [PARTY UNIT.] "Party unit" means the state 
 25.21  committee or the party organization within a house of the 
 25.22  legislature, congressional district, county, legislative 
 25.23  district, municipality, or precinct. 
 25.24     Sec. 39.  Minnesota Statutes 1998, section 211A.02, 
 25.25  subdivision 2, is amended to read: 
 25.26     Subd. 2.  [INFORMATION REQUIRED.] The report to be filed by 
 25.27  a candidate or committee must include:  
 25.28     (1) the name of the candidate or ballot question; 
 25.29     (2) the name and address of the person responsible for 
 25.30  filing the report; 
 25.31     (3) the total amount of receipts and expenditures for the 
 25.32  period from the last previous report to five days before the 
 25.33  current report is due; 
 25.34     (4) the purpose for each expenditure; and 
 25.35     (5) the name of any individual or committee that during the 
 25.36  year has made one or more contributions that in the aggregate 
 26.1   are equal to or greater more than $500 $100.  
 26.2      Sec. 40.  Minnesota Statutes 1998, section 211A.12, is 
 26.3   amended to read: 
 26.4      211A.12 [CONTRIBUTION LIMITS.] 
 26.5      Subdivision 1.  [INDIVIDUALS AND COMMITTEES.] A candidate 
 26.6   or a candidate's committee may not accept aggregate 
 26.7   contributions made or delivered by an individual or committee in 
 26.8   excess of $300 in an election year for the office sought and 
 26.9   $100 in other years; except that a candidate or a candidate's 
 26.10  committee for an office whose territory has a population over 
 26.11  100,000 may not accept aggregate contributions made or delivered 
 26.12  by an individual or committee in excess of $500 in an election 
 26.13  year for the office sought and $100 in other years.  
 26.14     The following deliveries are not subject to the bundling 
 26.15  limitation in this section:  
 26.16     (1) delivery of contributions collected by a member of the 
 26.17  candidate's committee, such as a block worker or a volunteer who 
 26.18  hosts a fundraising event, to the committee's treasurer; and 
 26.19     (2) a delivery made by an individual on behalf of the 
 26.20  individual's spouse. 
 26.21     Notwithstanding sections 211A.02, subdivision 3, and 
 26.22  410.21, this section supersedes any home rule charter.  
 26.23     Subd. 2.  [POLITICAL PARTIES.] A candidate and a 
 26.24  candidate's committee together may accept contributions from 
 26.25  political party units in aggregate up to ten times the amount 
 26.26  that may be contributed to the candidate as set forth in 
 26.27  subdivision 1. 
 26.28     Sec. 41.  Minnesota Statutes 1999 Supplement, section 
 26.29  290.06, subdivision 23, is amended to read: 
 26.30     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 26.31  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 26.32  amount of the taxpayer's contributions made in the calendar year 
 26.33  to candidates and to a political party.  The maximum refund for 
 26.34  an individual must not exceed $50 and for a married couple, 
 26.35  filing jointly, must not exceed $100.  A refund of a 
 26.36  contribution is allowed only if the taxpayer files a form 
 27.1   required by the commissioner and attaches to the form a copy of 
 27.2   an official refund receipt form issued by the candidate or party 
 27.3   and signed by the candidate, the treasurer of the candidate's 
 27.4   principal campaign committee, or the party chair, after the 
 27.5   contribution was received.  The receipt forms must be numbered, 
 27.6   and the data on the receipt that are not public must be made 
 27.7   available to the campaign finance and public disclosure board 
 27.8   upon its request.  A claim must be filed with the commissioner 
 27.9   no sooner than January 1 of the calendar year in which the 
 27.10  contribution was made and no later than April 15 of the calendar 
 27.11  year following the calendar year in which the contribution was 
 27.12  made.  A taxpayer may file only one claim per calendar year.  
 27.13  Amounts paid by the commissioner after June 15 of the calendar 
 27.14  year following the calendar year in which the contribution was 
 27.15  made must include interest at the rate specified in section 
 27.16  270.76. 
 27.17     (b) No refund is allowed under this subdivision for a 
 27.18  contribution to a candidate unless the candidate: 
 27.19     (1) has signed an agreement to limit campaign expenditures 
 27.20  as provided in section 10A.322; 
 27.21     (2) is seeking an office for which voluntary spending 
 27.22  limits are specified in section 10A.25; and 
 27.23     (3) has designated a principal campaign committee.  
 27.24     This subdivision does not limit the campaign expenditures 
 27.25  of a candidate who does not sign an agreement but accepts a 
 27.26  contribution for which the contributor improperly claims a 
 27.27  refund.  
 27.28     (c) For purposes of this subdivision, "political party" 
 27.29  means a major political party as defined in section 200.02, 
 27.30  subdivision 7, or a minor political party qualifying for 
 27.31  inclusion on the income tax or property tax refund form under 
 27.32  section 10A.31, subdivision 3a.  
 27.33     A "major party" or "minor party" includes the aggregate of 
 27.34  that party's organization within each house of the legislature, 
 27.35  the state party organization, and the party organization within 
 27.36  congressional districts, counties, and legislative districts, 
 28.1   municipalities, and precincts.  
 28.2      "Candidate" means a candidate as defined in section 10A.01, 
 28.3   subdivision 10, except a candidate for judicial office.  
 28.4      "Contribution" means a gift of money. 
 28.5      (d) The commissioner shall make copies of the form 
 28.6   available to the public and candidates upon request. 
 28.7      (e) The following data collected or maintained by the 
 28.8   commissioner under this subdivision are private:  the identities 
 28.9   of individuals claiming a refund, the identities of candidates 
 28.10  to whom those individuals have made contributions, and the 
 28.11  amount of each contribution.  
 28.12     (f) The commissioner shall report to the campaign finance 
 28.13  and public disclosure board by each August 1 a summary showing 
 28.14  the total number and aggregate amount of political contribution 
 28.15  refunds made on behalf of each candidate and each political 
 28.16  party.  These data are public. 
 28.17     (g) The amount necessary to pay claims for the refund 
 28.18  provided in this section is appropriated from the general fund 
 28.19  to the commissioner of revenue.  
 28.20     Sec. 42.  [REVISOR INSTRUCTION.] 
 28.21     The revisor of statutes shall code the new expenditure 
 28.22  limits in that section for the attorney general, secretary of 
 28.23  state, and state auditor, along with the most recent election 
 28.24  year limits for the other offices listed in that section, in 
 28.25  Minnesota Statutes.  The limits published in the statutes must 
 28.26  be adjusted for subsequent general election years as if they had 
 28.27  been in effect for the most recent general election year for 
 28.28  each office. 
 28.29     Sec. 43.  [EFFECTIVE DATE.] 
 28.30     Section 11 is effective August 1, 2000, and applies to 
 28.31  committees and funds established before, on, or after that date, 
 28.32  but does not require disclosure of contributions or expenditures 
 28.33  made before that date. 
 28.34     Section 21 is effective the day following final enactment.