HF 1198

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to ethics in government; political 
  1.3             contribution refunds; making public the names of 
  1.4             individuals who obtain such a refund; amending 
  1.5             Minnesota Statutes 1996, section 290.06, subdivision 
  1.6             23. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 290.06, 
  1.9   subdivision 23, is amended to read: 
  1.10     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
  1.11  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
  1.12  amount of the taxpayer's contributions made in the calendar year 
  1.13  to candidates and to any political party.  The maximum refund 
  1.14  for an individual must not exceed $50 and, for a married couple 
  1.15  filing jointly, must not exceed $100.  A refund of a 
  1.16  contribution is allowed only if the taxpayer files a form 
  1.17  required by the commissioner and attaches to the form a copy of 
  1.18  an official refund receipt form issued by the candidate or party 
  1.19  and signed by the candidate, the treasurer of the candidate's 
  1.20  principal campaign committee, or the party chair, after the 
  1.21  contribution was received.  The receipt forms must be numbered, 
  1.22  and the data on the receipt that are not public must be made 
  1.23  available to the ethical practices board upon its request.  A 
  1.24  claim must be filed with the commissioner not sooner than 
  1.25  January 1 of the calendar year in which the contribution is made 
  1.26  and no later than April 15 of the calendar year following the 
  2.1   calendar year in which the contribution is made.  A taxpayer may 
  2.2   file only one claim per calendar year.  Amounts paid by the 
  2.3   commissioner after June 15 of the calendar year following the 
  2.4   calendar year in which the contribution is made must include 
  2.5   interest at the rate specified in section 270.76. 
  2.6      (b) No refund is allowed under this subdivision for a 
  2.7   contribution to any candidate unless the candidate: 
  2.8      (1) has signed an agreement to limit campaign expenditures 
  2.9   as provided in section 10A.322 or 10A.43; 
  2.10     (2) is seeking an office for which voluntary spending 
  2.11  limits are specified in section 10A.25 or 10A.43; and 
  2.12     (3) has designated a principal campaign committee.  
  2.13     This subdivision does not limit the campaign expenditure of 
  2.14  a candidate who does not sign an agreement but accepts a 
  2.15  contribution for which the contributor improperly claims a 
  2.16  refund.  
  2.17     (c) For purposes of this subdivision, "political party" 
  2.18  means a major political party as defined in section 200.02, 
  2.19  subdivision 7, or a minor political party qualifying for 
  2.20  inclusion on the income tax or property tax refund form under 
  2.21  section 10A.31, subdivision 3a.  
  2.22     A "major or minor party" includes the aggregate of the 
  2.23  party organization within each house of the legislature, the 
  2.24  state party organization, and the party organization within 
  2.25  congressional districts, counties, legislative districts, 
  2.26  municipalities, and precincts.  
  2.27     "Candidate" means a congressional candidate as defined in 
  2.28  section 10A.41, subdivision 4, or a candidate as defined in 
  2.29  section 10A.01, subdivision 5, except a candidate for judicial 
  2.30  office.  
  2.31     "Contribution" means a gift of money. 
  2.32     (d) The commissioner shall make copies of the form 
  2.33  available to the public and candidates upon request. 
  2.34     (e) The following data collected or maintained by the 
  2.35  commissioner under this subdivision are private:  the identities 
  2.36  of individuals claiming a refund, the identities of candidates 
  3.1   to whom those individuals claiming a refund have made 
  3.2   contributions, and the amount of each contribution.  The 
  3.3   identities of individuals claiming a refund are public. 
  3.4      (f) The commissioner shall report to the ethical practices 
  3.5   board by August 1 of each year a summary showing the total 
  3.6   number and aggregate amount of political contribution refunds 
  3.7   made on behalf of each candidate and each political party.  
  3.8   These data are public. 
  3.9      (g) The amount necessary to pay claims for the refund 
  3.10  provided in this section is appropriated from the general fund 
  3.11  to the commissioner of revenue.