HF 1784

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

  1.1                          A bill for an act 
  1.2             relating to campaign finance; limiting campaign 
  1.3             activity by legislative employees and use of 
  1.4             legislative facilities; limiting lobbying activities; 
  1.5             limiting certain contributions and expenditures; 
  1.6             regulating political activities of membership 
  1.7             organizations; changing expenditure limits; clarifying 
  1.8             terms; making certain information public; 
  1.9             appropriating money; amending Minnesota Statutes 1996, 
  1.10            sections 10A.065, by adding a subdivision; 10A.15, by 
  1.11            adding a subdivision; 10A.16; 10A.25, subdivision 2; 
  1.12            10A.255, subdivisions 1 and 3; 10A.322, subdivision 1; 
  1.13            and 290.06, subdivision 23; proposing coding for new 
  1.14            law in Minnesota Statutes, chapters 3; and 10A. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [3.145] [CAMPAIGN ACTIVITY.] 
  1.17     Subdivision 1.  [DEFINITION.] "Campaign activity" includes 
  1.18  soliciting contributions to a political committee or political 
  1.19  fund; recording contribution receipts; sending contribution 
  1.20  thank you notes or contribution receipt forms to contributors; 
  1.21  preparing reports for the principal campaign committee of a 
  1.22  candidate to file with the ethical practices board; preparing 
  1.23  the text or layout or having printed any campaign literature; 
  1.24  assisting or participating in a campaign school for candidates; 
  1.25  or preparing a written campaign plan for a candidate. 
  1.26     "Campaign activity" does not include preparing or assisting 
  1.27  in the preparation of mass mailings of newsletters, 
  1.28  questionnaires, legislative reports, or letters of 
  1.29  congratulations, unless delivered more than 60 days after 
  1.30  adjournment sine die in an election year for the legislature. 
  2.1      "Campaign activity" does not include analyzing or 
  2.2   summarizing votes taken by an elected official; analyzing or 
  2.3   summarizing public policy issues or proposals; or providing oral 
  2.4   or written information to a candidate, except as specifically 
  2.5   prohibited. 
  2.6      Subd. 2.  [EMPLOYEE CAMPAIGN ACTIVITY.] (a) An employee of 
  2.7   the legislature may not participate in campaign activity during 
  2.8   hours the employee records as hours worked for the legislature. 
  2.9      (b) An employee of the legislature may not solicit campaign 
  2.10  contributions from or within the capitol complex at any time. 
  2.11     (c) An employee of the legislature may receive unsolicited 
  2.12  campaign contributions but must promptly forward them to the 
  2.13  treasurer of a senator's or representative's principal campaign 
  2.14  committee, who must not be a legislative employee. 
  2.15     Subd. 3.  [USE OF HOUSE AND SENATE FACILITIES IN 
  2.16  CAMPAIGNS.] (a) House and senate equipment or supplies may not 
  2.17  be used for campaign activities. 
  2.18     (b) A senator or representative may purchase a copy of a 
  2.19  photo taken by the official senate or house photographer for use 
  2.20  in campaign activity for the actual cost of producing the copy. 
  2.21     (c) A senator or representative may copy data from a 
  2.22  senator's or representative's files on the senate and house 
  2.23  network for use in campaign activity, provided the senate or 
  2.24  house is reimbursed for any actual copying cost. 
  2.25     Sec. 2.  [10A.035] [FORMER LEGISLATOR; LOBBYIST 
  2.26  RESTRICTION.] 
  2.27     For the period of one calendar year after leaving office, a 
  2.28  member of the legislature may not act as a lobbyist as defined 
  2.29  in section 10A.01, subdivision 11, with regard to attempting to 
  2.30  influence legislative action. 
  2.31     Sec. 3.  Minnesota Statutes 1996, section 10A.065, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 1b.  [POLITICAL FUND CONTRIBUTIONS.] A legislator or 
  2.34  state constitutional officer who is a candidate for a federal, 
  2.35  county, city, or town office, the candidate's principal campaign 
  2.36  committee, and any other political committee with the 
  3.1   candidate's name or title may not solicit or accept a 
  3.2   contribution from a political fund during a regular session of 
  3.3   the legislature. 
  3.4      Sec. 4.  [10A.066] [CONTRIBUTION LIMIT TO LEGISLATIVE PARTY 
  3.5   CAUCUS.] 
  3.6      A political committee established by all or a part of the 
  3.7   party organization within a house of the legislature may not 
  3.8   accept contributions from any person or political fund that 
  3.9   total more than $5,000 in a calendar year from that person or 
  3.10  political fund. 
  3.11     Sec. 5.  [10A.125] [MEMBERSHIP ORGANIZATIONS.] 
  3.12     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  3.13  subdivision apply to this section. 
  3.14     (b) "Member" means a person who has joined and pays dues to 
  3.15  a membership organization and a person who has not joined but is 
  3.16  required by law or contract to pay dues to a membership 
  3.17  organization for representation by that organization. 
  3.18     (c) "Membership organization" means an organization, no 
  3.19  matter how organized, that is made up of dues paying members. 
  3.20     (d) "Political activity" does not include issues education, 
  3.21  which may not advocate support for a particular political party 
  3.22  or refer to any candidate by name. 
  3.23     Subd. 2.  [NOTICE; REFUND OF DUES.] A membership 
  3.24  organization shall provide an annual notice to its members no 
  3.25  later than February 1 of their right to reduce the dues payable 
  3.26  by them by the same percentage as the percentage of the 
  3.27  organization's revenues that are expended on any type of 
  3.28  political activity.  The notice must inform the members that 
  3.29  they may reduce their obligation by this percentage amount by 
  3.30  providing written notice to the organization and to any employer 
  3.31  deducting dues from their pay and that they will suffer no harm 
  3.32  or retribution from the employer or the organization for doing 
  3.33  so. 
  3.34     The notice must also inform the members that they have a 
  3.35  right not to have any portion of their dues used for political 
  3.36  activity and that they may request within six months of paying 
  4.1   them a refund of any portion of their dues that was spent on 
  4.2   political activity.  The refund must be made within 30 days of 
  4.3   the request. 
  4.4      Subd. 3.  [ACCOUNTING.] A membership organization shall 
  4.5   provide to its members an annual accounting by February 1 of the 
  4.6   organization's revenues and expenditures, specifying the amounts 
  4.7   spent on political contributions, lobbying, other political 
  4.8   activity, and issues education. 
  4.9      Subd. 4.  [REPORTING.] A membership organization shall 
  4.10  provide the following information to the ethical practices board 
  4.11  by February 1 each year: 
  4.12     (1) expenditures for issues education; and 
  4.13     (2) revenue from payroll deductions or special payroll 
  4.14  deductions that was specifically raised for political activity. 
  4.15     Sec. 6.  Minnesota Statutes 1996, section 10A.15, is 
  4.16  amended by adding a subdivision to read: 
  4.17     Subd. 6.  [INDEPENDENT EXPENDITURES BY PRINCIPAL CAMPAIGN 
  4.18  COMMITTEES.] A principal campaign committee may not make 
  4.19  independent expenditures. 
  4.20     Sec. 7.  Minnesota Statutes 1996, section 10A.16, is 
  4.21  amended to read: 
  4.22     10A.16 [EARMARKING CONTRIBUTIONS PROHIBITED.] 
  4.23     An individual, political committee, or political fund may 
  4.24  not solicit or accept a contribution from any source with the 
  4.25  express or implied condition that the contribution or any part 
  4.26  of it be directed to a particular candidate or group of 
  4.27  candidates other than the initial recipient.  An individual, 
  4.28  political committee, or political fund who knowingly accepts any 
  4.29  earmarked contribution is guilty of a gross misdemeanor. 
  4.30     Sec. 8.  Minnesota Statutes 1996, section 10A.25, 
  4.31  subdivision 2, is amended to read: 
  4.32     Subd. 2.  (a) In a year in which an election is held cycle 
  4.33  for an office sought by a candidate, no expenditures shall be 
  4.34  made by the principal campaign committee of that candidate, nor 
  4.35  any approved expenditures made on behalf of that candidate which 
  4.36  expenditures and approved expenditures result in an aggregate 
  5.1   amount in excess of the following: 
  5.2      (1) for governor and lieutenant governor, running together, 
  5.3   $1,626,691 $2,071,100; 
  5.4      (2) for attorney general, $271,116 $345,200; 
  5.5      (3) for secretary of state, state treasurer, and state 
  5.6   auditor, separately, $135,559 $172,600; 
  5.7      (4) for state senator, $40,669 $54,600; 
  5.8      (5) for state representative, $20,335 $27,300. 
  5.9      (b) If a special election cycle occurs during a general 
  5.10  election cycle, expenditures by or on behalf of a candidate in 
  5.11  the special election do not count as expenditures by or on 
  5.12  behalf of the candidate in the general election. 
  5.13     (c) The expenditure limits in this subdivision for an 
  5.14  office are increased by ten percent for a candidate who is 
  5.15  running for that office for the first time and who has not run 
  5.16  previously for any other office whose territory now includes a 
  5.17  population that is more than one-third of the population in the 
  5.18  territory of the new office. 
  5.19     Sec. 9.  Minnesota Statutes 1996, section 10A.255, 
  5.20  subdivision 1, is amended to read: 
  5.21     Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
  5.22  provided in section 10A.25, subdivision 2, must be adjusted 
  5.23  for general each election years cycle as provided in this 
  5.24  section.  By June 1 of the general election year, the executive 
  5.25  director of the board shall determine the percentage increase in 
  5.26  the consumer price index from December of the year preceding the 
  5.27  last general election year to December of the year preceding the 
  5.28  year in which the determination is made.  The dollar amounts 
  5.29  used for the preceding general election year cycle must be 
  5.30  multiplied by that percentage.  The product of the calculation 
  5.31  must be added to each dollar amount to produce the dollar 
  5.32  limitations to be in effect for the next general that election 
  5.33  cycle.  The product must be rounded up to the next highest whole 
  5.34  dollar.  The index used must be the revised consumer price index 
  5.35  for all urban consumers for the St. Paul-Minneapolis 
  5.36  metropolitan area prepared by the United States Department of 
  6.1   Labor with 1982 as a base year. 
  6.2      Sec. 10.  Minnesota Statutes 1996, section 10A.255, 
  6.3   subdivision 3, is amended to read: 
  6.4      Subd. 3.  [PUBLICATION OF EXPENDITURE LIMIT.] By June 15 of 
  6.5   each election year the board shall publish in the State Register 
  6.6   the expenditure limit for each office for that calendar 
  6.7   year election cycle under section 10A.25 as adjusted by this 
  6.8   section. 
  6.9      Sec. 11.  [10A.266] [CORPORATE AND LABOR ORGANIZATION 
  6.10  COMMUNICATIONS.] 
  6.11     Subdivision 1.  [COMMUNICATIONS NOT CONTRIBUTION OR 
  6.12  EXPENDITURE.] For the purposes of this chapter and section 
  6.13  211B.15, communications by a corporation to its stockholders or 
  6.14  employees and their families or by a labor organization to its 
  6.15  members and their families on any subject is not considered a 
  6.16  contribution or expenditure, including communications expressly 
  6.17  advocating the election or defeat of a clearly identified 
  6.18  candidate. 
  6.19     Subd. 2.  [REPORT.] A corporation or labor organization 
  6.20  that makes disbursements for communications under this section 
  6.21  shall report to the board the costs directly attributable to any 
  6.22  communications expressly advocating the election or defeat of a 
  6.23  clearly identified candidate, other than a communication 
  6.24  primarily devoted to subjects other than the election or defeat 
  6.25  of a clearly identified candidate, if the costs exceed $2,000 in 
  6.26  any year. 
  6.27     Sec. 12.  Minnesota Statutes 1996, section 10A.322, 
  6.28  subdivision 1, is amended to read: 
  6.29     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  6.30  condition of receiving a public subsidy, a candidate shall sign 
  6.31  and file with the board a written agreement in which the 
  6.32  candidate agrees that the candidate will comply with sections 
  6.33  10A.25 and 10A.324 and will accept no contributions from a 
  6.34  political fund. 
  6.35     (b) Before the first day of filing for office, the board 
  6.36  shall forward agreement forms to all filing officers.  The board 
  7.1   shall also provide agreement forms to candidates on request at 
  7.2   any time.  The candidate may sign an agreement and submit it to 
  7.3   the filing officer on the day of filing an affidavit of 
  7.4   candidacy or petition to appear on the ballot, in which case the 
  7.5   filing officer shall without delay forward signed agreements to 
  7.6   the board.  Alternatively, the candidate may submit the 
  7.7   agreement directly to the board at any time before September 1 
  7.8   preceding the general election.  An agreement may not be filed 
  7.9   after that date.  An agreement once filed may not be rescinded. 
  7.10     (c) The board shall forward a copy of any agreement signed 
  7.11  under this subdivision to the commissioner of revenue.  
  7.12     (d) Notwithstanding any provisions of this section, when a 
  7.13  vacancy occurs that will be filled by means of a special 
  7.14  election and the filing period does not coincide with the filing 
  7.15  period for the general election, a candidate may sign and submit 
  7.16  a spending limit agreement at any time before the deadline for 
  7.17  submission of a signed agreement under section 10A.315. 
  7.18     Sec. 13.  [10A.35] [OUT-OF-STATE CONTRIBUTIONS.] 
  7.19     A principal campaign committee or political party committee 
  7.20  that participates in the political contribution refund program 
  7.21  may not receive money from an out-of-state contributor or a 
  7.22  political fund that receives money from an out-of-state 
  7.23  contributor. 
  7.24     Sec. 14.  Minnesota Statutes 1996, section 290.06, 
  7.25  subdivision 23, is amended to read: 
  7.26     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
  7.27  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
  7.28  amount of the taxpayer's contributions made in the calendar year 
  7.29  to candidates and to any political party.  The maximum refund 
  7.30  for an individual must not exceed $50 and, for a married couple 
  7.31  filing jointly, must not exceed $100.  A refund of a 
  7.32  contribution is allowed only if the taxpayer files a form 
  7.33  required by the commissioner and attaches to the form a copy of 
  7.34  an official refund receipt form issued by the candidate or party 
  7.35  and signed by the candidate, the treasurer of the candidate's 
  7.36  principal campaign committee, or the party chair, after the 
  8.1   contribution was received.  The receipt forms must be numbered, 
  8.2   and the data on the receipt that are not public must be made 
  8.3   available to the ethical practices board upon its request.  A 
  8.4   claim must be filed with the commissioner not sooner than 
  8.5   January 1 of the calendar year in which the contribution is made 
  8.6   and no later than April 15 of the calendar year following the 
  8.7   calendar year in which the contribution is made.  A taxpayer may 
  8.8   file only one claim per calendar year.  Amounts paid by the 
  8.9   commissioner after June 15 of the calendar year following the 
  8.10  calendar year in which the contribution is made must include 
  8.11  interest at the rate specified in section 270.76. 
  8.12     (b) No refund is allowed under this subdivision for a 
  8.13  contribution to any candidate unless the candidate: 
  8.14     (1) has signed an agreement to limit campaign expenditures 
  8.15  as provided in section 10A.322 or 10A.43; 
  8.16     (2) is seeking an office for which voluntary spending 
  8.17  limits are specified in section 10A.25 or 10A.43; and 
  8.18     (3) has designated a principal campaign committee.  
  8.19     This subdivision does not limit the campaign expenditure of 
  8.20  a candidate who does not sign an agreement but accepts a 
  8.21  contribution for which the contributor improperly claims a 
  8.22  refund.  
  8.23     (c) For purposes of this subdivision, "political party" 
  8.24  means a major political party as defined in section 200.02, 
  8.25  subdivision 7, or a minor political party qualifying for 
  8.26  inclusion on the income tax or property tax refund form under 
  8.27  section 10A.31, subdivision 3a.  
  8.28     A "major or minor party" includes the aggregate of the 
  8.29  party organization within each house of the legislature, the 
  8.30  state party organization, and the party organization within 
  8.31  congressional districts, counties, legislative districts, 
  8.32  municipalities, and precincts.  
  8.33     "Candidate" means a congressional candidate as defined in 
  8.34  section 10A.41, subdivision 4, or a candidate as defined in 
  8.35  section 10A.01, subdivision 5, except a candidate for judicial 
  8.36  office.  
  9.1      "Contribution" means a gift of money. 
  9.2      (d) The commissioner shall make copies of the form 
  9.3   available to the public and candidates upon request. 
  9.4      (e) The following data collected or maintained by the 
  9.5   commissioner under this subdivision are private public:  the 
  9.6   identities of individuals claiming a refund, excluding their 
  9.7   social security numbers, the identities of candidates to 
  9.8   whom those individuals claiming a refund have made 
  9.9   contributions, and the amount of each contribution.  
  9.10     (f) The commissioner shall report to the ethical practices 
  9.11  board by August 1 of each year a summary showing the total 
  9.12  number and aggregate amount of political contribution refunds 
  9.13  made on behalf of each candidate and each political party.  
  9.14  These data are public. 
  9.15     (g) The amount necessary to pay claims for the refund 
  9.16  provided in this section is appropriated from the general fund 
  9.17  to the commissioner of revenue. 
  9.18     Sec. 15.  [APPROPRIATION.] 
  9.19     $122,000 is appropriated from the general fund to the 
  9.20  ethical practices board for fiscal year 1998 for development and 
  9.21  distribution of campaign finance management computer software 
  9.22  and associated components.