Minnesota Legislature
HF 2287
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 04/04/2005 |
Current Version - as introduced
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A bill for an act
relating to elections; clarifying certain terminology;
modifying certain restrictions on corporate spending
in political campaigns; amending Minnesota Statutes
2004, sections 10A.01, subdivisions 9, 11; 211B.15,
subdivisions 1, 17.
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.
new text begin (a) new text end "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
(b) 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.
new text begin
(c) new text end 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.
new text begin
(d) new text end 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; deleted text begin or
deleted text end
(3) the publishing or broadcasting of news items or
editorial comments by the news medianew text begin ; or
new text end
new text begin
(4) the cost of a communication on any subject by a
corporation intended for its shareholders or executive or
administrative personnel, by a membership association intended
for its members or the members' executive or administrative
personnel, or by a labor organization intended for its members
or executive or administrative personnel or their familiesnew text end .
new text begin
(e) In this subdivision and in subdivision 11, the
following terms have the meanings given them.
new text end
new text begin
(1) "Executive or administrative personnel" means
individuals employed by a corporation, membership association,
or labor organization who are paid on a salary rather than an
hourly basis and who have policymaking, managerial,
professional, or supervisory responsibilities.
new text end
new text begin
(2) "Labor organization" means any organization of any
kind, or any agency or employee representative committee or
plan, in which employees participate and that exists for the
purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
new text end
new text begin
(3) "Members" means all persons who are currently
satisfying the requirements for membership in a membership
association, affirmatively accept the membership association's
invitation to become a member, and either:
new text end
new text begin
(i) have some significant financial attachment to the
membership association, such as a significant investment or
ownership state, but not merely the payment of dues;
new text end
new text begin
(ii) are required to pay on a regular basis a specific
amount of dues that is predetermined by the association and are
entitled to vote directly either for at least one member who has
full participatory and voting rights on the highest governing
body of the membership association, or for those who select at
least one member of those on the highest governing body of the
membership association; or
new text end
new text begin
(iii) are entitled to vote directly for all of those on the
highest governing body of the membership association.
new text end
new text begin
(4) "Membership association" means a membership
organization; trade association; cooperative; corporation
without capital shares; or local, national, or international
labor organization that:
new text end
new text begin
(i) expressly provides for members in its articles and
bylaws;
new text end
new text begin
(ii) expressly solicits members; and
new text end
new text begin
(iii) expressly acknowledges the acceptance of membership,
such as by sending a membership card or inclusion on a
membership newsletter list.
new text end
new text begin
(5) "Shareholder" means a person who has a vested
beneficial interest in one or more shares, has the power to
direct how those shares are voted if they are voting shares, and
has the right to receive dividends.
new text end
Sec. 2.
Minnesota Statutes 2004, section 10A.01,
subdivision 11, is amended to read:
Subd. 11.
Contribution.
(a) "Contribution" means money,
a negotiable instrument, or a donation in kind that is given to
a political committee, political fund, principal campaign
committee, or party unit.
(b) "Contribution" includes a loan or advance of credit to
a political committee, political fund, principal campaign
committee, or party unit, if the loan or advance of credit is:
(1) forgiven; or (2) repaid by an individual or an association
other than the political committee, political fund, principal
campaign committee, or party unit to which the loan or advance
of credit was made. If an advance of credit or a loan is
forgiven or repaid as provided in this paragraph, it is a
contribution in the year in which the loan or advance of credit
was made.
(c) "Contribution" does not include 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
the publishing or broadcasting of news items or editorial
comments by the news media.
new text begin
(d) "Contribution" does not include the cost of a
communication on any subject by a corporation intended for its
shareholders or executive or administrative personnel, by a
membership association intended for its members or the members'
executive or administrative personnel, or by a labor
organization intended for its members or executive or
administrative personnel or their families, as defined in
subdivision 9.
new text end
Sec. 3.
Minnesota Statutes 2004, section 211B.15,
subdivision 1, is amended to read:
Subdivision 1.
Definitions.
deleted text begin For purposes of deleted text end new text begin (a) The
definitions in this subdivision apply to new text end this sectiondeleted text begin ,deleted text end new text begin .
new text end
new text begin
(b) "Contribution" has the meaning given in section 10A.01,
subdivision 11.
new text end
new text begin
(c) new text end "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; or
(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
(d) "Expenditure" has the meaning given in section 10A.01,
subdivision 9.
new text end
new text begin
(e) "Political office" means an elective office of the
state or a political subdivision, but does not include the
office of president of the United States or the office of
senator or representative in Congress.
new text end
Sec. 4.
Minnesota Statutes 2004, section 211B.15,
subdivision 17, is amended to read:
Subd. 17.
deleted text begin nonprofit corporation political
activity deleted text end new text begin administrative supportnew text end .
It is not a violation of this
section for a nonprofit corporation to provide administrative
assistance to one political committee or political fund that is
associated with the nonprofit corporation and registered with
the Campaign Finance and Public Disclosure Board under section
10A.14. deleted text begin Such deleted text end new text begin Administrative new text end assistance deleted text begin must be limited to
deleted text end new text begin
includes new text end accounting, clerical or legal services, bank charges,
utilities, office space, deleted text begin and deleted text end suppliesnew text begin , and the expenses of
soliciting donations to the political committee or political
fundnew text end . The records of the political committee or political fund
may be kept on the premises of the nonprofit corporation.
deleted text begin
The administrative assistance provided by the nonprofit
corporation to the political committee or political fund is
limited annually to the lesser of $5,000 or 7-1/2 percent of the
expenditures of the political committee or political fund.
deleted text end