HF 29

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; regulating campaign finance;
requiring annual notice of a state employee's right to
reduce union dues expended for certain purposes;
requiring an accounting of certain expenditures by a
union to its members; broadening the definition of
"corporation"; prohibiting certain government
contributions; amending Minnesota Statutes 2004,
sections 10A.01, by adding a subdivision; 10A.14,
subdivision 1; 10A.20, by adding subdivisions; 10A.25,
subdivision 2; 211B.15, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters
10A; 179A; 211B.

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

Section 1.

Minnesota Statutes 2004, section 10A.01, is
amended by adding a subdivision to read:

new text begin Subd. 16a. new text end

new text begin Electioneering communication. new text end

new text begin "Electioneering
communication" means a broadcast communication that refers to a
clearly identified candidate and is made within 60 days before a
general or special election or 30 days before a primary or
special primary for the office sought by the candidate.
"Electioneering communication" does not include:
new text end

new text begin (1) a communication appearing in a news story, commentary,
or editorial distributed by a broadcasting station or newspaper,
unless the broadcasting station or newspaper is owned or
controlled by a political party unit, political committee, or
candidate;
new text end

new text begin (2) a campaign expenditure; or
new text end

new text begin (3) an independent expenditure.
new text end

Sec. 2.

Minnesota Statutes 2004, section 10A.14,
subdivision 1, is amended to read:

Subdivision 1.

First registration.

The treasurer of a
political committee, political fund, principal campaign
committee, or party unit must register with the board by filing
a statement of organization no later than deleted text begin 14 days deleted text end new text begin 48 hours new text end after
the committee, fund, or party unit has made a contribution,
received contributions, or made expenditures in excess of $100.

Sec. 3.

new text begin [10A.165] COORDINATED ELECTIONEERING
COMMUNICATIONS; CONTRIBUTIONS; EXPENDITURES.
new text end

new text begin If an individual, political committee, political fund, or
political party unit makes an expenditure for an electioneering
communication as defined in section 10A.01, subdivision 16a,
that is coordinated with a principal campaign committee or
political party unit, the electioneering communication
constitutes a contribution to, and an expenditure by, the
principal campaign committee of the candidate named in the
electioneering communication or of the political party unit
whose candidate is named in the electioneering communication.
new text end

Sec. 4.

Minnesota Statutes 2004, section 10A.20, is
amended by adding a subdivision to read:

new text begin Subd. 6c. new text end

new text begin Electioneering communication. new text end

new text begin An individual,
political committee, political fund, or political party unit
that makes or contracts to make an expenditure for an
electioneering communication in an aggregate amount in excess of
$500 within 60 days before a general or special election or 30
days before a primary or special primary for the office sought
by the candidate identified in the electioneering communication
must, within 24 hours of making the expenditure, file a report
with the board containing the following information:
new text end

new text begin (1) the amount of each expenditure over $100, the name and
address of the person to whom the expenditure was made or
contracted to be made, and the purpose of the expenditure;
new text end

new text begin (2) the election or primary to which each electioneering
communication pertains and the name of any candidate to be
identified in the electioneering communication; and
new text end

new text begin (3) in the case of a report filed by an individual, the
name, address, and employer or occupation, if self-employed, of
the individual making or contracting to make the electioneering
communication.
new text end

new text begin An additional report containing the information specified
in this subdivision must be filed within 24 hours after each
time an expenditure for an electioneering communication in an
aggregate amount exceeding $500 is made or contracted to be made
within 60 days before a general or special election or 30 days
before a primary or special primary for the office sought by the
candidate.
new text end

Sec. 5.

Minnesota Statutes 2004, section 10A.20, is
amended by adding a subdivision to read:

new text begin Subd. 6d. new text end

new text begin Independent expenditures. new text end

new text begin (a) An individual,
political committee, political party unit, or political fund
must file a report with the board each time the individual,
political committee, political party unit, or political fund
makes, at any time up to and including the 20th day before an
election, independent expenditures in an aggregate amount in
excess of $500. The report must be filed within 48 hours after
initially making such expenditures. An additional report must
be filed within 48 hours after each time an independent
expenditure in an aggregate amount in excess of $500 is made, up
to and including the 20th day before an election. The report
must include the information required to be reported under
subdivision 3, paragraph (g). The report must also indicate (1)
the name and office sought by a candidate named in the
independent expenditure and (2) whether the independent
expenditure expressly advocates the candidate's election or
defeat.
new text end

new text begin (b) An individual, political committee, political party
unit, or political fund must file a report with the board each
time the individual, political committee, political party unit,
or political fund makes, between the 19th day and the last day
before an election, an independent expenditure in an aggregate
amount in excess of $100. The report must be filed within 24
hours after initially making such expenditures. An additional
report must be filed within 24 hours after making an independent
expenditure in an aggregate amount in excess of $100 at any time
up to and including the 20th day before an election. The report
must include the information required to be reported under
subdivision 3, paragraph (g). The report must also indicate (1)
the name and office sought by a candidate named in the
independent expenditure and (2) whether the independent
expenditure expressly advocates the candidate's election or
defeat.
new text end

Sec. 6.

Minnesota Statutes 2004, section 10A.20, is
amended by adding a subdivision to read:

new text begin Subd. 6e. new text end

new text begin Encouraging voter participation. new text end

new text begin (a) An
individual, other than a candidate, or an association that makes
an expenditure to encourage precinct caucus attendance, voter
registration, or voting in an aggregate amount in excess of $200
during a calendar year must, within 24 hours of making such an
expenditure, file a report with the board containing:
new text end

new text begin (1) the amount of each expenditure over $100, the name and
address of the person to whom the expenditure was made, and the
purpose of the expenditure; and
new text end

new text begin (2) the election or primary to which each expenditure
pertains.
new text end

new text begin (b) An additional report containing the information
specified in this subdivision must be filed within 24 hours
after each time an expenditure subject to this subdivision is
made during the calendar year.
new text end

Sec. 7.

Minnesota Statutes 2004, section 10A.25,
subdivision 2, is amended to read:

Subd. 2.

Amounts.

(a) In a year in which an election is
held for an office sought by a candidate, the principal campaign
committee of the candidate must not make campaign expenditures
nor permit approved expenditures to be made on behalf of the
candidate that result in aggregate expenditures in excess of the
following:

(1) for governor and lieutenant governor, running together,
deleted text begin $2,188,090 deleted text end new text begin $2,500,000 new text end ;

(2) for attorney general, deleted text begin $364,690 deleted text end new text begin $1,250,000 new text end ;

(3) for secretary of state and state auditor, separately,
deleted text begin $182,350 deleted text end new text begin $625,000 new text end ;

(4) for state senator, $54,740;

(5) for state representative, $28,400.

(b) In addition to the amount in paragraph (a), clause (1),
a candidate for endorsement for the office of lieutenant
governor at the convention of a political party may make
campaign expenditures and approved expenditures of five percent
of that amount to seek endorsement.

(c) If a special election cycle occurs during a general
election cycle, expenditures by or on behalf of a candidate in
the special election do not count as expenditures by or on
behalf of the candidate in the general election.

(d) The expenditure limits in this subdivision for an
office are increased by ten percent for a candidate who is
running for that office for the first time and who has not run
previously for any other office whose territory now includes a
population that is more than one-third of the population in the
territory of the new office.

Sec. 8.

new text begin [179A.211] STATE EMPLOYEES RIGHT-TO-KNOW ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Notice. new text end

new text begin A state employee, who is a member
of a collective bargaining unit, shall be provided an annual
notice no later than February 1 of the right to reduce the dues
payable by the employee as a member of the union, or as an
individual employed by an employer subject to a labor agreement
containing a collective bargaining security clause, by the same
percentage as the percentage of the collective bargaining unit's
revenues that are expended on lobbying, political contributions,
distribution of publications, and advertising. The notice shall
inform the members that they may reduce their obligation by this
percentage by providing written notice to the collective
bargaining unit and to the employer deducting dues from their
pay, if any, and that they will suffer no harm or retribution
from the employer or the union for doing so.
new text end

new text begin Subd. 2. new text end

new text begin Accounting. new text end

new text begin A collective bargaining unit shall
provide to its members an accounting of the actual dollar
revenues spent by the collective bargaining unit in the
preceding calendar year no later than February 1 the following
year. The accounting shall include a line item for each of the
following:
new text end

new text begin (1) grievance processing;
new text end

new text begin (2) contract negotiations;
new text end

new text begin (3) political contributions;
new text end

new text begin (4) lobbying;
new text end

new text begin (5) Minnesota meeting attendance and travel costs;
new text end

new text begin (6) out-of-state meeting attendance and travel costs;
new text end

new text begin (7) dues and contributions to the national affiliate;
new text end

new text begin (8) advertising;
new text end

new text begin (9) production and distribution of publications; and
new text end

new text begin (10) every item of expenditure constituting more than one
percent of the total revenue of the collective bargaining unit.
new text end

new text begin If a collective bargaining unit fails to timely provide the
account to its members, it shall be conclusively presumed that
one-half of members' dues are expended on the activities listed
in clauses (1) to (9) and other expenditures not directly
related to the representation of members.
new text end

new text begin Subd. 3. new text end

new text begin Action. new text end

new text begin A member of a collective bargaining
unit who is not provided a timely annual accounting or a notice
of the employee's rights under this section by a collective
bargaining unit shall have a cause of action for the amount of
dues paid by the member in excess of the percentage of those
dues dedicated to contract negotiations, grievance handling, and
strike support, plus punitive damages in an amount of twice the
dues, plus costs and attorney fees.
new text end

Sec. 9.

Minnesota Statutes 2004, section 211B.15,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this
section, "corporation" means:

(1) a corporation organized for profit that does business
in this state;

(2) a nonprofit corporation that carries out activities in
this state; deleted text begin or
deleted text end

(3) a limited liability company formed under chapter 322B,
or under similar laws of another state, that does business in
this state new text begin ; or
new text end

new text begin (4) a business entity established or operated by a foreign
government or by an entity or subdivision of an entity that
exercises governmental functions for purposes of Public Law
97-473, Title II new text end .

Sec. 10.

new text begin [211B.153] CONTRIBUTIONS FROM GOVERNMENT UNITS.
new text end

new text begin A candidate or the treasurer of a candidate's principal
campaign committee must not accept a contribution from any
foreign government or any state or local government unit in this
state or in any other state. For purposes of this subdivision,
"government unit" means any state agency, board, commission, or
department; or any county, statutory or home rule charter city,
town, school district, special district, or any local board,
commission, district, or authority created pursuant to law or
local ordinance. A candidate or treasurer who accepts a
contribution prohibited by this section or a government unit
that makes a contribution prohibited by this section is subject
to a civil penalty not greater than $40,000.
new text end

Sec. 11. new text begin INTERNET CAMPAIGN REPORTING AND PUBLIC SUBSIDY
PAYMENT STUDY.
new text end

new text begin A work group is established to study the feasibility of
creating an online campaign finance reporting and public subsidy
payment system. The work group must study the initial costs and
long-term savings of creating a system for filing online all
reports required by Minnesota Statutes, chapter 10A, and for
electronically making subsidy payments under Minnesota Statutes,
chapter 10A. The work group must report to the chairs of the
Civil Law and Elections Committee and the State Government
Finance Committee in the house of representatives and the chairs
of the Elections Committee and the State Government Budget
Division of the Finance Committee in the senate by January 15,
2006.
new text end

new text begin The work group shall consist of one member of the Campaign
Finance and Public Disclosure Board designated by the chair of
the board, three members appointed by the governor, three
members appointed by the speaker of the house, and three members
appointed by the senate Subcommittee on Committees.
new text end

new text begin The Campaign Finance and Public Disclosure Board and the
Department of Revenue must provide staff resources to the work
group.
new text end