HF 1297

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; clarifying definition of
campaign expenditure; making certain exceptions to the
ban on gifts to public officials; amending Minnesota
Statutes 2004, sections 10A.01, subdivision 9;
10A.071, subdivision 3; 471.895, subdivision 3.

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

Section 1.

Minnesota Statutes 2004, section 10A.01,
subdivision 9, is amended to read:

Subd. 9.

Campaign expenditure.

"Campaign expenditure" or
"expenditure" means a purchase or payment of money or anything
of value, or an advance of credit, made or incurred for the
purpose of influencing the nomination or election of a candidate
or for the purpose of promoting or defeating a ballot question.

new text begin "Campaign expenditure" includes payments for attending a
state or national convention and payments for funeral gifts or
memorials.
new text end

An expenditure is considered to be made in the year in
which the candidate made the purchase of goods or services or
incurred an obligation to pay for goods or services.

An expenditure made for the purpose of defeating a
candidate is considered made for the purpose of influencing the
nomination or election of that candidate or any opponent of that
candidate.

Except as provided in clause (1), "expenditure" includes
the dollar value of a donation in kind.

"Expenditure" does not include:

(1) noncampaign disbursements as defined in subdivision 26;

(2) services provided without compensation by an individual
volunteering personal time on behalf of a candidate, ballot
question, political committee, political fund, principal
campaign committee, or party unit; or

(3) the publishing or broadcasting of news items or
editorial comments by the news media.

Sec. 2.

Minnesota Statutes 2004, section 10A.071,
subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) The prohibitions in this
section do not apply if the gift is:

(1) a contribution as defined in section 10A.01,
subdivision 11;

(2) services to assist an official in the performance of
official duties, including but not limited to providing advice,
consultation, information, and communication in connection with
legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual
services in a field of specialty or to a charitable cause;

(5) a trinket or memento deleted text begin of insignificant deleted text end new text begin with a fair
market new text end value new text begin of $5 or less new text end ;

(6) informational material of unexceptional value; deleted text begin or
deleted text end

(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech
or answer questions as part of a program new text begin ; or
new text end

new text begin (8) food or a beverage given at a reception held within the
seven-county metropolitan area while the legislature is in
session and to which all members of the legislature have been
invited, and the cost does not exceed $5 for each legislator new text end .

(b) The prohibitions in this section do not apply if the
gift is given:

(1) because of the recipient's membership in a group, a
majority of whose members are not officials, and an equivalent
gift is given to the other members of the group; or

(2) by a lobbyist or principal who is a member of the
family of the recipient, unless the gift is given on behalf of
someone who is not a member of that family.

Sec. 3.

Minnesota Statutes 2004, section 471.895,
subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) The prohibitions in this
section do not apply if the gift is:

(1) a contribution as defined in section 211A.01,
subdivision 5;

(2) services to assist an official in the performance of
official duties, including but not limited to providing advice,
consultation, information, and communication in connection with
legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual
services in a field of specialty or to a charitable cause;

(5) a trinket or memento deleted text begin of insignificant deleted text end new text begin with a fair
market new text end value new text begin of $5 or less new text end ;

(6) informational material of unexceptional value; or

(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech
or answer questions as part of a program.

(b) The prohibitions in this section do not apply if the
gift is given:

(1) because of the recipient's membership in a group, a
majority of whose members are not local officials, and an
equivalent gift is given or offered to the other members of the
group;

(2) by an interested person who is a member of the family
of the recipient, unless the gift is given on behalf of someone
who is not a member of that family; or

(3) by a national or multistate organization of
governmental organizations or public officials, if a majority of
the dues to the organization are paid from public funds, to
attendees at a conference sponsored by that organization, if the
gift is food or a beverage given at a reception or meal and an
equivalent gift is given or offered to all other attendees.

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

new text begin This act is effective the day following final enactment.
new text end