CONFERENCE COMMITTEE REPORT ON H. F. No. 2531
relating to campaign finance; making various technical changes; authorizing the
board to request reconciliation information; authorizing certain fees; modifying
certain definitions and fee amounts; imposing penalties;amending Minnesota
Statutes 2012, sections 10A.01, subdivisions 5, 26; 10A.02, subdivision 11a;
10A.025, by adding a subdivision; 10A.09, subdivisions 1, 5, by adding a
subdivision; 10A.12, subdivision 5; 10A.255, subdivision 3; 10A.28, subdivision
4; 211A.02, subdivision 2; Minnesota Statutes 2013 Supplement, sections
10A.01, subdivision 10; 10A.02, subdivision 11; 10A.025, subdivision 4;
10A.20, subdivisions 2, 5; repealing Minnesota Statutes 2012, section 10A.09,
May 15, 2014
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 2531 report that we have agreed upon
the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No. 2531 be further
amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 5, is amended to read:
Subd. 5. Associated business.
"Associated business" means an association,
corporation, partnership, limited liability company, limited liability partnership, or other
organized legal entity from which the individual receives compensation in excess of $50,
except for actual and reasonable expenses, in any month as a director, officer, owner,
member, partner, employer or employee, or whose securities the individual holds worth
at fair market value.
Sec. 2. Minnesota Statutes 2013 Supplement, section 10A.01, subdivision 10, is
amended to read:
Subd. 10. Candidate.
"Candidate" means an individual who seeks nomination or
election as a state constitutional officer, legislator, or judge. An individual is deemed
to seek nomination or election if the individual has taken the action necessary under
the law of this state to qualify for nomination or election, has received contributions or
made expenditures in excess of
, or has given implicit or explicit consent for
any other person to receive contributions or make expenditures in excess of
for the purpose of bringing about the individual's nomination or election. A candidate
remains a candidate until the candidate's principal campaign committee is dissolved as
provided in section
Sec. 3. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
2.12 Subd. 32a. Prima facie determination. A prima facie determination is a
2.13determination that a complaint filed under section 10A.02, subdivision 11, is sufficient
2.14to allege a violation of this chapter or of those sections of chapter 211B listed in section
2.1510A.02, subdivision 11.
Sec. 4. Minnesota Statutes 2012, section 10A.02, subdivision 5, is amended to read:
Subd. 5. Executive director; staff.
The board must appoint an executive director.
The executive director is in the unclassified service. The executive director is not
2.19an ex officio member of the board
. The executive director serves as secretary of the
board and must keep a record of all proceedings and actions by the board. The board
may also employ and prescribe the duties of other permanent or temporary employees
in the unclassified service as may be necessary to administer this chapter, subject to
appropriation. The executive director and all other employees serve at the pleasure of the
board. Expenses of the board must be approved by the chair or another member as the
rules of the board may provide and the expenses must then be paid in the same manner
as other state expenses are paid.
Sec. 5. Minnesota Statutes 2012, section 10A.02, subdivision 8, is amended to read:
Subd. 8. Duties.
(a) The board must report at the close of each fiscal year to the
legislature, the governor, and the public concerning the action it has taken, the names,
salaries, and duties of all individuals in its employ, and the money it has disbursed. The
board must include and identify in its report any other reports it has made during the fiscal
year. It may indicate apparent abuses and offer legislative recommendations.
(b) The board must prescribe forms for statements and reports required to be filed
under this chapter and make the forms available to individuals required to file them.
(c) The board must make available to the individuals required to file the reports and
statements a manual setting forth the recommended uniform methods of bookkeeping
(d) The board must develop a filing, coding, and cross-indexing system consistent
with the purposes of this chapter.
(e) The board must make the reports and statements filed with it available for public
inspection and copying by the end of the second day following the day on which they
were received. An individual may copy a report or statement by hand or by duplicating
machine and the board must provide duplicating services at cost for this purpose.
(f) Notwithstanding section
, the board must preserve reports and statements
for a period of five years from the date of receipt.
(g) The board must compile and maintain a current list and summary of all
statements or parts of statements pertaining to each candidate.
(h) The board may prepare and publish reports it considers appropriate.
3.17(i) The board shall only vote on a matter before the board at a meeting if:
3.18(1) the matter was placed on an agenda distributed to all members of the board at
3.19least seven days before the meeting; and
3.20(2) background or other relevant information to the matter was distributed to all
3.21members of the board by the executive director or other staff at least seven days before the
3.23By majority consent of all members of the board, the board may vote on a matter at a
3.24meeting that does not satisfy the requirements of this paragraph.
Sec. 6. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 10, is
amended to read:
Subd. 10. Audits and investigations. (a) Within limits of available resources,
make audits and investigations
, with respect to the requirements of this
3.29chapter. A final audit report completed under this chapter must contain the name of the
3.30primary board employee responsible for conducting the audit. The board may
statutory civil penalties
and issue orders for compliance with respect to the requirements
of this chapter and provisions under the board's jurisdiction pursuant to subdivision 11. In
all matters relating to its official duties, the board has the power to require testimony under
3.34oath, to permit written statements to be given under oath, and to
issue subpoenas and cause
them to be served. If a person does not comply with a subpoena, the board may apply to
the District Court of Ramsey County for issuance of an order compelling obedience to the
subpoena. A person failing to obey the order is punishable by the court as for contempt.
4.3(b) The board shall issue rules, using the expedited rulemaking process in section
4.414.389, setting forth procedures to be followed for all audits and investigations conducted
4.5by the board under this chapter and other provisions under the board's jurisdiction pursuant
4.6to subdivision 11. The rules regarding the board's investigative procedure shall set forth:
4.7(1) the process for the board initiating and overseeing an investigation;
4.8(2) when summary proceedings may be available;
4.9(3) dedication of staff resources in taking witness testimony and conducting
4.11(4) parties' rights and opportunities to be heard by the board; and
4.12(5) board hearings and disposition of complaints, audits, and investigations.
4.13(c) In addition to the notice required under chapter 14, the board shall notify the
4.14chairs and ranking minority members of the committees or subcommittees in the senate
4.15and house of representatives with primary jurisdiction over elections within seven
4.16calendar days of taking the following actions:
4.17(1) publication of a notice of intent to adopt rules or a notice of hearing;
4.18(2) publication of proposed rules in the state register;
4.19(3) issuance of a statement of need and reasonableness; or
4.20(4) adoption of final rules.
Sec. 7. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 11, is
amended to read:
Subd. 11. Violations; enforcement.
(a) The board may investigate any alleged
violation of this chapter. The board may also investigate an alleged violation of section
by or related to a candidate, treasurer, principal campaign
committee, political committee, political fund, or party unit, as those terms are defined
in this chapter.
The board must investigate any violation that is alleged in a written
4.28 complaint filed with the board and must Upon receipt of a written complaint filed with
4.29the board, the board shall promptly provide a copy of the complaint to the subject of
4.30the complaint and notify the subject that a determination as to whether the complaint
4.31states a prima facie violation will be made and that the subject may, within 15 days of
4.32the date the board provided notice to the subject, submit a written statement addressing
4.33the prima facie determination. The notice must include the definition of a prima facie
Within 30 days after the filing of the complaint
make findings and
4.35 conclusions, the board chair or another board member designated by the chair shall make
as to whether
a violation has occurred the complaint alleges a prima facie
5.2violation. If a determination is made that the complaint does not allege a prima facie
5.3violation, the complaint shall be dismissed without prejudice and the complainant must
5.4be notified of the reasons the complaint did not allege a prima facie violation. If the
5.5complainant files a revised complaint regarding the same facts and the same subject, the
5.6prima facie determination must be completed by a board member other than the member
5.7who made the initial determination and who does not support the same political party as
5.8the member who made the initial determination. The chair may order that the prima
5.9facie determination for any complaint be made by the full board and must order that the
5.10prima facie determination for a complaint being submitted for the third time be made
5.11by the full board. If a determination is made that the complaint alleges a prima facie
5.12violation, the board shall, within 45 days of the prima facie determination, make findings
5.13and conclusions as to whether probable cause exists to believe the alleged violation that
5.14warrants a formal investigation has occurred. Any party filing a complaint and any
5.15party against whom a complaint is filed must be given an opportunity to be heard by the
5.16board prior to the board's determination as to whether probable cause exists to believe
5.17a violation that warrants a formal investigation has occurred. Upon a determination
5.18by the board that probable cause exists to believe a violation that warrants a formal
5.19investigation has occurred, the board must undertake an investigation under subdivision
and must issue an order at the conclusion of the investigation
, except that if the
complaint alleges a violation of section
, the board must either enter a
conciliation agreement or make public findings and conclusions as to whether a violation
has occurred and must issue an order within 60 days after the filing of the complaint. Prior
5.24to making findings and conclusions in an investigation, the board must offer the subject of
5.25the complaint an opportunity to answer the allegations of the complaint in writing and
5.26to appear before the board to address the matter.
The deadline for action on a written
complaint may be extended by majority vote of the board.
(b) The board may bring legal actions or negotiate settlements in its own name to
recover money raised from contributions subject to the conditions in this paragraph.
(1) No action may be commenced unless the board has made a formal determination,
after an investigation, that the money was raised for political purposes as defined in
211B.01, subdivision 6
, and that the money was used for purposes not permitted
under this chapter or under section
(2) Prior to commencing an action, the board must give the association whose money
was misused written notice by certified mail of its intent to take action under this subdivision
and must give the association a reasonable opportunity, for a period of not less than 90
days, to recover the money without board intervention. This period must be extended
for at least an additional 90 days for good cause if the association is actively pursuing
recovery of the money. The board may not commence a legal action under this subdivision
if the association has commenced a legal action for the recovery of the same money.
(3) Any funds recovered under this subdivision must be deposited in a campaign
finance recovery account in the special revenue fund and are appropriated as follows:
(i) an amount equal to the board's actual costs and disbursements in the action,
including court reporter fees for depositions taken in the course of an investigation, is
appropriated to the board for its operations;
(ii) an amount equal to the reasonable value of legal services provided by the Office
of the Attorney General in the recovery matter, calculated on the same basis as is used
for charging legal fees to state agencies, is appropriated to the attorney general for the
attorney general's operations; and
(iii) any remaining balance is appropriated to the board for distribution to the
association to which the money was originally contributed.
(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign
committee is the person who used the association's money for illegal purposes, or if the
association or political fund whose money was misused is no longer registered with the
board, any money remaining after the payments specified in clause (3), items (i) and (ii),
must be transferred to the general account of the state elections campaign account.
(5) Any action by the board under this paragraph must be commenced not later than
four years after the improper use of money is shown on a report filed with the board or the
board has actual knowledge of improper use. No action may be commenced under this
paragraph for improper uses disclosed on reports for calendar years prior to 2011.
(6) If the board prevails in an action brought under this subdivision and the court
makes a finding that the misuse of funds was willful, the court may enter judgment in favor
of the board and against the person misusing the funds in the amount of the misused funds.
(c) Within a reasonable time after beginning an investigation of an individual
or association, the board must notify the individual or association of the fact of the
investigation. The board must not make a finding
of whether there is probable cause to
6.31 believe that
a violation has occurred without notifying the individual or association of the
nature of the allegations and affording an opportunity to answer those allegations.
(d) A hearing before the board
or action of the board concerning a complaint or
investigation other than
a finding concerning probable cause findings, conclusions, and
or a conciliation agreement is confidential. Until the board makes a public finding
concerning probable cause
or enters a conciliation agreement:
(1) a member, employee, or agent of the board must not disclose to an individual
information obtained by that member, employee, or agent concerning a complaint or
investigation except as required to carry out the investigation or take action in the matter
as authorized by this chapter; and
(2) an individual who discloses information contrary to this subdivision is subject
to a civil penalty imposed by the board of up to $1,000.
(e) A matter that is under the board's jurisdiction pursuant to this section and that
may result in a criminal offense must be finally disposed of by the board before the alleged
violation may be prosecuted by a city or county attorney.
Sec. 8. Minnesota Statutes 2012, section 10A.02, subdivision 11a, is amended to read:
Subd. 11a. Data privacy.
If, after making a public finding
or entering a conciliation agreement, the board determines that the record of the
investigation contains statements, documents, or other matter that, if disclosed, would
unfairly injure the reputation of an innocent individual, the board may:
(1) retain the statement, document, or other matter as a private record, as defined in
13.02, subdivision 12
, for a period of one year, after which it must be destroyed; or
(2) return the statement, document, or other matter to the individual who supplied
it to the board.
Sec. 9. Minnesota Statutes 2012, section 10A.02, is amended by adding a subdivision
7.21 Subd. 11b. Data privacy related to electronic reporting system. The board may
7.22develop and maintain systems to enable treasurers to enter and store electronic records
7.23online for the purpose of complying with this chapter. Data entered into such systems
7.24by treasurers or their authorized agents is not government data under chapter 13 and
7.25may not be accessed or used by the board for any purpose without the treasurer's written
7.26consent. Data from such systems that has been submitted to the board as a filed report is
7.27government data under chapter 13.
Sec. 10. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 15, is
amended to read:
Disposition of Fees and penalties. (a) Upon written request, certified
7.31pursuant to section 10A.025, subdivision 2, the board must waive that portion of a late
7.32filing fee or a civil penalty imposed for the late filing of a report or statement under this
7.33chapter for which the requester demonstrates good cause for the late filing or submission.
The board must deposit all fees and civil penalties collected under this chapter
into the general fund in the state treasury.
Sec. 11. Minnesota Statutes 2013 Supplement, section 10A.025, subdivision 4, is
amended to read:
Subd. 4. Changes and corrections.
Material changes in information previously
submitted and corrections to a report or statement must be reported in writing to the board
within ten days following the date of the event prompting the change or the date upon
which the person filing became aware of the inaccuracy. The change or correction must
identify the form and the paragraph containing the information to be changed or corrected.
A person who willfully fails to report a material change or correction is subject to a
civil penalty imposed by the board of up to $3,000. A willful violation of this subdivision
is a gross misdemeanor.
The board must send a written
by certified mail
to any individual who fails to
file a report required by this subdivision. If the individual fails to file the required report
within ten business days after the notice was sent, the board may impose a late filing fee of
per day up to
starting on the 11th day after the notice was sent. The
send an additional notice by certified mail to an individual who fails to
file a report within
14 ten business
days after the first notice was sent by the board
8.19The certified notice must state that if the individual does not file the requested report
8.20within ten business days after the certified notice was sent,
the individual may be subject
to a civil penalty for failure to file a report. An individual who fails to file a report required
by this subdivision within
seven ten business
days after the
sent by the board is subject to a civil penalty imposed by the board of up to $1,000.
Sec. 12. Minnesota Statutes 2012, section 10A.025, is amended by adding a
subdivision to read:
8.26 Subd. 5. Reconciliation information; penalty. An individual or association
8.27required to file a report under this chapter must provide information requested by the
8.28board to reconcile discrepancies between the report and reports filed by other individuals
8.29or associations. The board's request for information must be in writing. If the individual
8.30or association fails to provide the requested information within ten business days after the
8.31request was sent, the board may impose a late filing fee of $25 per day up to $1,000.
8.32The board may send notice by certified mail to an individual or association that has
8.33not timely responded to the board's written request for reconciliation information. The
8.34certified notice must state that if the individual or association does not respond to the
9.1board's request for information within ten business days after the certified notice was
9.2sent, the individual or association may be subject to a civil penalty for failure to provide
9.3information to the board. An individual or association that does not provide the requested
9.4information within ten business days after the certified notice was sent is subject to a civil
9.5penalty imposed by the board of up to $1,000.
9.6A person who willfully fails to cooperate with the board to reconcile a report
9.7discrepancy is subject to a civil penalty imposed by the board of up to $3,000.
Sec. 13. Minnesota Statutes 2012, section 10A.09, subdivision 1, is amended to read:
Subdivision 1. Time for filing.
Except for a candidate for elective office in the
9.10 judicial branch,
An individual must file a statement of economic interest with the board:
(1) within 60 days of accepting employment as a public official or a local official in
a metropolitan governmental unit;
9.13(2) within 60 days of assuming office as a district court judge, appeals court judge,
9.14supreme court justice, or county commissioner;
within 14 days after filing an affidavit of candidacy or petition to appear on
the ballot for an elective state constitutional or legislative
office or an elective local office
in a metropolitan governmental unit other than county commissioner
in the case of a public official requiring the advice and consent of the senate,
within 14 days after undertaking the duties of office; or
in the case of members of the Minnesota Racing Commission, the director
of the Minnesota Racing Commission, chief of security, medical officer, inspector of
pari-mutuels, and stewards employed or approved by the commission or persons who
fulfill those duties under contract, within 60 days of accepting or assuming duties.
Sec. 14. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
9.26 Subd. 1a. Exception; retired judges. Notwithstanding subdivision 1, a retired
9.27judge or justice appointed to serve as a judge or justice under section 2.724 is not required
9.28to comply with the provisions of this section.
Sec. 15. Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:
Subd. 5. Form. (a)
A statement of economic interest required by this section must
be on a form prescribed by the board. The individual filing must provide the following
(1) name, address, occupation, and principal place of business;
(2) the name of each associated business and the nature of that association;
(3) a listing of all real property within the state, excluding homestead property, in
which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as
buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued in
excess of $2,500; or (ii) an option to buy, if the property has a fair market value of more
(4) a listing of all real property within the state in which a partnership of which the
individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed
as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share
of the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the
property has a fair market value of more than
. A listing under clause
(3) or (4) must indicate the street address and the municipality or the section, township,
range and approximate acreage, whichever applies, and the county in which the property
(5) a listing of any investments, ownership, or interests in property connected with
pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
the individual directly or indirectly holds a partial or full interest or an immediate family
member holds a partial or full interest
10.19(6) a listing of the principal business or professional activity category of each
10.20business from which the individual receives more than $50 in any month as an employee,
10.21if the individual has an ownership interest of 25 percent or more in the business; and
10.22(7) a listing of each principal business or professional activity category from which
10.23the individual received compensation of more than $2,500 in the past 12 months as an
10.25(b) The business or professional categories for purposes of paragraph (a), clauses (6)
10.26and (7), must be the general topic headings used by the federal Internal Revenue Service
10.27for purposes of reporting self-employment income on Schedule C. This paragraph does
10.28not require an individual to report any specific code number from that schedule. Any
10.29additional principal business or professional activity category may only be adopted if
10.30the category is enacted by law.
10.31EFFECTIVE DATE.This section is effective the day following final enactment for
10.32a person who becomes a public official on or after that date, and for a person who files an
10.33affidavit of candidacy or a petition to appear on a ballot that is subject to section 10A.09.
10.34For a person who is a public official before the effective date of this section, this section is
10.35effective for supplementary statements due April 15, 2015.
Sec. 16. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
11.3 Subd. 10. Board audits; data classification. All data related to an audit, including
11.4the existence of the audit, are classified as confidential data, as defined in section 13.02,
11.5subdivision 3. A member, employee, or agent of the board must not disclose information
11.6obtained by the member, employee, or agent concerning the audit except as required to
11.7carry out the audit or take action in the matter. Upon completion of the audit, the board's
11.8final audit report is public. The final audit report must contain the name of the individual
11.9subject to the audit, a description of any audit findings, a description of any responses
11.10provided by the individual who was subject to the audit, and a description of the manner in
11.11which any findings were resolved.
Sec. 17. Minnesota Statutes 2012, section 10A.12, subdivision 5, is amended to read:
Subd. 5. Dues or membership fees.
An association may, if not prohibited by other
law, deposit in its political fund money derived from dues or membership fees. Under
, the treasurer of the fund must disclose the name of any member whose
dues, membership fees, and contributions deposited in the political fund together exceed
in a year.
Sec. 18. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 2, is
amended to read:
Subd. 2. Time for filing.
(a) The reports must be filed with the board on or before
January 31 of each year and additional reports must be filed as required and in accordance
with paragraphs (b) to
(b) In each year in which the name of a candidate for legislative or district court
judicial office is on the ballot, the report of the principal campaign committee must be
filed 15 days before a primary election
and ten days before a general election, seven
days before a special primary election
and seven days before
a special general
and ten days after a special election cycle.
(c) In each general election year, a political committee, a political fund, a state
party committee, and
a party unit established by all or a part of the party organization
within a house of the legislature
, and the principal campaign committee of a candidate for
11.31 constitutional or appellate court judicial office
must file reports on the following schedule:
(1) a first-quarter report covering the calendar year through March 31, which is
due April 14;
in a year in which a primary election is held in August,
a report covering the
calendar year through May 31, which is due June 14;
(3) in a year in which a primary election is held before August, a pre-general-election
12.4 report covering the calendar year through July 15, which is due July 29;
12.5 (4) (3)
a pre-primary-election report due 15 days before a primary election;
a pre-general-election report due 42 days before the general election; and
a pre-general-election report due ten days before a general election
12.8 (7) for a special election, a constitutional office candidate whose name is on the
12.9 ballot must file reports seven days before a special primary and a special election, and ten
12.10 days after a special election cycle.
(d) In each general election year, a party unit not included in paragraph (c) must file
reports 15 days before a primary election and ten days before a general election.
12.13(e) In each year in which a constitutional office or appellate court judicial seat is
12.14on the ballot, the principal campaign committee of a candidate for that office or seat
12.15must file reports on the following schedule:
12.16(1) a first-quarter report covering the calendar year through March 31, which is
12.17due April 14;
12.18(2) a report covering the calendar year through May 31, which is due June 14;
12.19(3) a pre-primary-election report due 15 days before a primary election;
12.20(4) a pre-general-election report due 42 days before the general election;
12.21(5) a pre-general-election report due ten days before a general election; and
12.22(6) for a special election, a constitutional office candidate whose name is on the
12.23ballot must file reports seven days before a special primary election, seven days before a
12.24special general election, and ten days after a special election cycle.
Notwithstanding paragraphs (a) to
12.26(1) the principal campaign committee of a candidate who did not file for office is not
12.27required to file the report due 15 days before the primary election or the report due seven
12.28days before a special primary election; and
the principal campaign committee of a candidate whose name will not be on the
general election ballot is not required to file the report due 42 days before the general
the report due ten days before a general election,
or the report due
before a special general
Sec. 19. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 5, is
amended to read:
Subd. 5. Pre-election reports.
(a) Any loan, contribution, or contributions:
(1) to a political committee or political fund from any one source totaling more
(2) to the principal campaign committee of a candidate for an appellate court judicial
office totaling more than $2,000;
(3) to the principal campaign committee of a candidate for district court judge
totaling more than $400; or
(4) to the principal campaign committee of a candidate for constitutional office or
for the legislature totaling more than 50 percent of the election
limit for the office,
received between the last day covered in the last report before an election and the election
must be reported to the board in the manner provided in paragraph (b).
(b) A loan, contribution, or contributions required to be reported to the board under
paragraph (a) must be reported to the board either:
(1) in person by the end of the next business day after its receipt; or
(2) by electronic means sent within 24 hours after its receipt.
(c) These loans and contributions must also be reported in the next required report.
(d) This notice requirement does not apply in a primary election to a candidate who
is unopposed in the primary, in a primary election to a ballot question political committee
or fund, or in a general election to a candidate whose name is not on the general election
ballot. The board must post the report on its Web site by the end of the next business day
after it is received.
(e) This subdivision does not apply to a ballot question or independent expenditure
political committee or fund that has not met the registration threshold of section
subdivision 1a. However, if a contribution that would be subject to this section triggers the
registration requirement in section
10A.14, subdivision 1a
, then both registration under
that section and reporting under this section are required.
Sec. 20. Minnesota Statutes 2012, section 10A.255, subdivision 3, is amended to read:
Subd. 3. Publication of expenditure limit.
By April 15 of each election year
the board must publish
in the State Register on its Web site
the expenditure limit for
each office for that calendar year under section
as adjusted by this section. The
revisor of statutes must code the adjusted amounts in the next edition of Minnesota
10A.25, subdivision 2
Sec. 21. Minnesota Statutes 2012, section 10A.28, subdivision 4, is amended to read:
Subd. 4. Civil action.
If the board is unable after a reasonable time to correct by
informal methods a matter
that constitutes probable cause where there is reason
that excess expenditures have been made or excess contributions accepted contrary to
subdivision 1 or 2, the board must make a public finding
of probable cause
in the matter.
After making a public finding, the board must bring an action, or transmit the finding to a
14.6 county attorney who must bring an action, in the District Court of Ramsey County or, in the
14.7 case of a legislative candidate, the district court of a county within the legislative district,
14.8 to collect a civil penalty as imposed by the board under subdivision 1 or 2. All money
14.9 recovered under this section must be deposited in the general fund of the state treasury.
14.10 The board may use section 10A.34 to recover fees and penalties or to seek an injunction.
Sec. 22. Minnesota Statutes 2012, section 13.607, subdivision 5, is amended to read:
Subd. 5. Statements of economic interest. (a)
Disclosure of statements of
economic interest filed by local officials is governed by section
10A.09, subdivision 6a
14.14(b) Data related to audits of statements of economic interest are governed by section
14.1510A.09, subdivision 10.
Sec. 23. Minnesota Statutes 2012, section 13.607, subdivision 5a, is amended to read:
Subd. 5a. Campaign reports and data.
Certain reports filed with the Campaign
Finance and Public Disclosure Board are classified under section
. Certain data
14.19stored by the Campaign Finance and Public Disclosure Board is not government data
14.20under section 10A.02, subdivision 11b.
Sec. 24. Minnesota Statutes 2012, section 211A.02, subdivision 2, is amended to read:
Subd. 2. Information required.
The report to be filed by a candidate or committee
(1) the name of the candidate or ballot question;
(2) the printed name, address, telephone number, signature, and e-mail address, if
available, of the person responsible for filing the report;
(3) the total cash on hand designated to be used for political purposes
(4) the total amount of
period from the last previous report to five days before the current report is due;
(5) the amount, date, and purpose for each
(6) the name, address, and employer, or occupation if self-employed, of any
individual or committee that during the year has made one or more contributions that in
the aggregate exceed $100, and the amount and date of each contribution. The filing
officer must restrict public access to the address of any individual who has made a
contribution that exceeds $100 and who has filed with the filing officer a written statement
signed by the individual that withholding the individual's address from the financial report
is required for the safety of the individual or the individual's family.
Sec. 25. REPEALER.
15.6Minnesota Statutes 2012, section 10A.09, subdivision 8, is repealed.
Sec. 26. EFFECTIVE DATE.
15.8Except where otherwise provided, sections 1 to 25 are effective the day following
Delete the title and insert:
relating to campaign finance; modifying duties of board; requiring rulemaking;
authorizing online electronic records systems; authorizing the board to request
reconciliation information; authorizing penalties; modifying certain definitions
and fee amounts; modifying certain reporting and filing requirements; making
various technical and clarifying changes; providing data classifications; modifying
statements of economic interest;amending Minnesota Statutes 2012, sections
10A.01, subdivision 5, by adding a subdivision; 10A.02, subdivisions 5, 8, 11a,
by adding a subdivision; 10A.025, by adding a subdivision; 10A.09, subdivisions
1, 5, by adding subdivisions; 10A.12, subdivision 5; 10A.255, subdivision
3; 10A.28, subdivision 4; 13.607, subdivisions 5, 5a; 211A.02, subdivision 2;
Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision 10; 10A.02,
subdivisions 10, 11, 15; 10A.025, subdivision 4; 10A.20, subdivisions 2, 5;
repealing Minnesota Statutes 2012, section 10A.09, subdivision 8."
|We request the adoption of this report and repassage of the bill.
|John A. Hoffman
|Scott J. Newman