HF 2933

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; providing for the 
  1.3             attorney general to be appointed by the governor; 
  1.4             proposing an amendment to the Minnesota Constitution, 
  1.5             article V, sections 1, 3, 4, 7; article VIII, section 
  1.6             2; article XI, sections 8, 10; amending Minnesota 
  1.7             Statutes 2002, sections 8.01; 9.011, subdivision 1; 
  1.8             9.061, subdivision 3; 10A.25, subdivision 2; 10A.27, 
  1.9             subdivision 1; 10A.31, subdivision 5; 10A.323; 11A.03; 
  1.10            94.341; 638.01; Minnesota Statutes 2003 Supplement, 
  1.11            sections 4.06; 15.06, subdivision 1; 204B.11, 
  1.12            subdivision 1; 204D.10, subdivision 2; 209.01, 
  1.13            subdivision 2. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15                             ARTICLE 1 
  1.16                      CONSTITUTIONAL AMENDMENT 
  1.17           ELECTIVE OFFICE OF ATTORNEY GENERAL ABOLISHED 
  1.18     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.19     An amendment to the Minnesota Constitution is proposed to 
  1.20  the people.  If the amendment is adopted, article V, section 1, 
  1.21  will read: 
  1.22     Section 1.  The executive department consists of a 
  1.23  governor, lieutenant governor, secretary of state, and auditor, 
  1.24  and attorney general, who shall be chosen by the electors of the 
  1.25  state.  The governor and lieutenant governor shall be chosen 
  1.26  jointly by a single vote applying to both offices in a manner 
  1.27  prescribed by law. 
  1.28     article V, section 3, will read: 
  1.29     Sec. 3.  The governor shall communicate by message to each 
  2.1   session of the legislature information touching the state and 
  2.2   country.  He is commander-in-chief of the military and naval 
  2.3   forces and may call them out to execute the laws, suppress 
  2.4   insurrection and repel invasion.  He may require the opinion in 
  2.5   writing of the principal officer in each of the executive 
  2.6   departments upon any subject relating to his duties.  With the 
  2.7   advice and consent of the senate he may appoint notaries public 
  2.8   and other officers provided by law.  He may appoint 
  2.9   commissioners to take the acknowledgment of deeds or other 
  2.10  instruments in writing to be used in the state.  He shall take 
  2.11  care that the laws be faithfully executed.  He shall fill any 
  2.12  vacancy that may occur in the offices of secretary of state, and 
  2.13  auditor, attorney general and the other state and district 
  2.14  offices hereafter created by law until the end of the term for 
  2.15  which the person who had vacated the office was elected or the 
  2.16  first Monday in January following the next general election, 
  2.17  whichever is sooner, and until a successor is chosen and 
  2.18  qualified. 
  2.19     article V, section 4, will read: 
  2.20     Sec. 4.  The term of office of the secretary of state, 
  2.21  attorney general and state auditor is four years and until a 
  2.22  successor is chosen and qualified.  The duties and salaries of 
  2.23  the executive officers shall be prescribed by law. 
  2.24     article V, section 7, will read: 
  2.25     Sec. 7.  The governor, the attorney general and the chief 
  2.26  justice of the supreme court constitute a board of pardons.  Its 
  2.27  powers and duties shall be defined and regulated by law.  The 
  2.28  governor in conjunction with the board of pardons has power to 
  2.29  grant reprieves and pardons after conviction for an offense 
  2.30  against the state except in cases of impeachment. 
  2.31     article VIII, section 2, will read: 
  2.32     Sec. 2.  The governor, secretary of state, auditor, 
  2.33  attorney general and the judges of the supreme court, court of 
  2.34  appeals and district courts may be impeached for corrupt conduct 
  2.35  in office or for crimes and misdemeanors; but judgment shall not 
  2.36  extend further than to removal from office and disqualification 
  3.1   to hold and enjoy any office of honor, trust or profit in this 
  3.2   state.  The party convicted shall also be subject to indictment, 
  3.3   trial, judgment and punishment according to law. 
  3.4      article XI, section 8, will read: 
  3.5      Sec. 8.  The permanent school fund of the state consists of 
  3.6   (a) the proceeds of lands granted by the United States for the 
  3.7   use of schools within each township, (b) the proceeds derived 
  3.8   from swamp lands granted to the state, (c) all cash and 
  3.9   investments credited to the permanent school fund and to the 
  3.10  swamp land fund, and (d) all cash and investments credited to 
  3.11  the internal improvement land fund and the lands therein.  No 
  3.12  portion of these lands shall be sold otherwise than at public 
  3.13  sale, and in the manner provided by law.  All funds arising from 
  3.14  the sale or other disposition of the lands, or income accruing 
  3.15  in any way before the sale or disposition thereof, shall be 
  3.16  credited to the permanent school fund.  Within limitations 
  3.17  prescribed by law, the fund shall be invested to secure the 
  3.18  maximum return consistent with the maintenance of the perpetuity 
  3.19  of the fund.  The principal of the permanent school fund shall 
  3.20  be perpetual and inviolate forever.  This does not prevent the 
  3.21  sale of investments at less than the cost to the fund; however, 
  3.22  all losses not offset by gains shall be repaid to the fund from 
  3.23  the interest and dividends earned thereafter.  The net interest 
  3.24  and dividends arising from the fund shall be distributed to the 
  3.25  different school districts of the state in a manner prescribed 
  3.26  by law. 
  3.27     A board of investment consisting of the governor, the state 
  3.28  auditor, and the secretary of state, and the attorney general is 
  3.29  constituted for the purpose of administering and directing the 
  3.30  investment of all state funds.  The board shall not permit state 
  3.31  funds to be used for the underwriting or direct purchase of 
  3.32  municipal securities from the issuer or the issuer's agent. 
  3.33     article XI, section 10, will read: 
  3.34     Sec. 10.  As the legislature may provide, any of the public 
  3.35  lands of the state, including lands held in trust for any 
  3.36  purpose, may be exchanged for any publicly or privately held 
  4.1   lands with the unanimous approval of the governor, the attorney 
  4.2   general and the state auditor.  Lands so acquired shall be 
  4.3   subject to the trust, if any, to which the lands exchanged 
  4.4   therefor were subject.  The state shall reserve all mineral and 
  4.5   water power rights in lands transferred by the state. 
  4.6      Sec. 2.  [SCHEDULE AND QUESTION.] 
  4.7      The proposed amendment shall be submitted at the 2004 
  4.8   general election.  If approved, the elective office of attorney 
  4.9   general will be abolished on the first Monday in January 2007.  
  4.10  The question proposed shall be: 
  4.11     "Shall the Minnesota Constitution be amended to abolish the 
  4.12  elective office of attorney general effective as of the first 
  4.13  Monday in January 2007? 
  4.14                                     Yes .......
  4.15                                     No ........"
  4.16                             ARTICLE 2 
  4.17                       DEPARTMENT OF JUSTICE 
  4.18     Section 1.  Minnesota Statutes 2003 Supplement, section 
  4.19  4.06, is amended to read: 
  4.20     4.06 [VACANCY; SUCCESSION; DISABILITY.] 
  4.21     (a) When a vacancy occurs, from any cause whatever, in the 
  4.22  office of governor, the lieutenant governor shall become 
  4.23  governor and the last duly elected president of the senate shall 
  4.24  become lieutenant governor for the remainder of the term.  When 
  4.25  a vacancy occurs, from any cause whatever, in the office of 
  4.26  governor and in the office of lieutenant governor, the president 
  4.27  of the senate shall become governor for the remainder of the 
  4.28  term.  If there be no president of the senate, then the speaker 
  4.29  of the house of representatives shall become governor for the 
  4.30  remainder of the term; or if there be none, then the secretary 
  4.31  of state, or the auditor, or the attorney general, in that 
  4.32  order, shall upon resignation from office, become governor for 
  4.33  the remainder of the term.  
  4.34     (b) In case of the death or other failure to take office of 
  4.35  the governor-elect, the lieutenant governor-elect shall become 
  4.36  governor from the same time and in the same manner and for the 
  5.1   same term as provided for the governor-elect.  In case of the 
  5.2   death or other failure to take office of both the governor-elect 
  5.3   and lieutenant governor-elect, the last duly elected president 
  5.4   of the senate, or in the case of death or other failure to take 
  5.5   office, the last duly elected speaker of the house of 
  5.6   representatives, or in the case of death or other failure to 
  5.7   take office, the secretary of state-elect, or under the same 
  5.8   circumstances the auditor-elect, or the attorney general-elect, 
  5.9   in that order shall become governor from the same time and in 
  5.10  the same manner and for the same term as provided for the 
  5.11  governor-elect.  
  5.12     (c) If the governor transmits to the president of the 
  5.13  senate and the speaker of the house of representatives a written 
  5.14  declaration of an inability to discharge the powers and duties 
  5.15  of the office of governor, and until the governor transmits a 
  5.16  written declaration to the contrary, the powers and duties of 
  5.17  the governor shall be discharged by the lieutenant governor. 
  5.18     (d) The governor may be declared unable to discharge the 
  5.19  powers and duties of the office if a declaration is signed by 
  5.20  four out of five of the following persons and transmitted to the 
  5.21  president of the senate and the speaker of the house of 
  5.22  representatives:  the chief justice of the Supreme Court, the 
  5.23  lieutenant governor, the governor's chief of staff, the 
  5.24  governor's personal physician, and a member of the governor's 
  5.25  cabinet designated in advance by the governor.  If no cabinet 
  5.26  member has been designated, three out of four shall be 
  5.27  sufficient.  The lieutenant governor shall then discharge the 
  5.28  powers and duties of the office of governor.  
  5.29     (e) The declaration remains in effect until the governor 
  5.30  transmits to the president of the senate and the speaker of the 
  5.31  house of representatives a written declaration that no inability 
  5.32  exists, unless four out of five of the persons described in 
  5.33  paragraph (d), or three out of four if no cabinet member has 
  5.34  been designated, sign and transmit to the president of the 
  5.35  senate and the speaker of the house of representatives within 
  5.36  four days of the governor's declaration a declaration that the 
  6.1   governor is unable to discharge the powers and duties of the 
  6.2   office.  In that event, the lieutenant governor shall continue 
  6.3   to discharge the duties of the office until the legislature 
  6.4   decides the issue, assembling within 48 hours for that purpose 
  6.5   if not in session.  If the legislature, within 21 days after 
  6.6   receipt of the declaration that the governor is unable to 
  6.7   discharge the powers and duties of the office or, if the 
  6.8   legislature is not in session, within 21 days after being 
  6.9   required to assemble, determines by two-thirds vote of both 
  6.10  houses that the governor is unable to discharge the powers and 
  6.11  duties of the office, the lieutenant governor shall continue to 
  6.12  discharge the powers and duties of the office.  Otherwise, the 
  6.13  governor shall resume the powers and duties of the office. 
  6.14     Sec. 2.  Minnesota Statutes 2002, section 8.01, is amended 
  6.15  to read: 
  6.16     8.01 [APPEARANCE DEPARTMENT OF JUSTICE; ATTORNEY GENERAL.] 
  6.17     Subdivision 1.  [DEPARTMENT OF JUSTICE.] The Department of 
  6.18  Justice is under the supervision and control of the attorney 
  6.19  general, who is appointed by the governor under section 15.06. 
  6.20     Subd. 2.  [ATTORNEY GENERAL; APPEARANCE.] The attorney 
  6.21  general shall appear for the state in all causes in the supreme 
  6.22  and federal courts wherein the state is directly interested; 
  6.23  also in all civil causes of like nature in all other courts of 
  6.24  the state whenever, in the attorney general's opinion, the 
  6.25  interests of the state require it.  Upon request of the county 
  6.26  attorney, the attorney general shall appear in court in such 
  6.27  criminal cases as the attorney general deems proper.  Upon 
  6.28  request of a county attorney, the attorney general may assume 
  6.29  the duties of the county attorney in sexual psychopathic 
  6.30  personality and sexually dangerous person commitment proceedings 
  6.31  under section 253B.185.  Whenever the governor shall so request, 
  6.32  in writing, the attorney general shall prosecute any person 
  6.33  charged with an indictable offense, and in all such cases may 
  6.34  attend upon the grand jury and exercise the powers of a county 
  6.35  attorney. 
  6.36     Sec. 3.  Minnesota Statutes 2002, section 9.011, 
  7.1   subdivision 1, is amended to read: 
  7.2      Subdivision 1.  [MEMBERS.] The Executive Council consists 
  7.3   of the governor, lieutenant governor, secretary of state, and 
  7.4   state auditor, and attorney general.  The governor is chair.  
  7.5      Sec. 4.  Minnesota Statutes 2002, section 9.061, 
  7.6   subdivision 3, is amended to read: 
  7.7      Subd. 3.  [MONEY.] When an emergency exists and the 
  7.8   attorney general governor certifies that money is needed, the 
  7.9   Executive Council shall furnish the requested money from funds 
  7.10  provided by this section. 
  7.11     Sec. 5.  Minnesota Statutes 2002, section 10A.25, 
  7.12  subdivision 2, is amended to read: 
  7.13     Subd. 2.  [AMOUNTS.] (a) In a year in which an election is 
  7.14  held for an office sought by a candidate, the principal campaign 
  7.15  committee of the candidate must not make campaign expenditures 
  7.16  nor permit approved expenditures to be made on behalf of the 
  7.17  candidate that result in aggregate expenditures in excess of the 
  7.18  following: 
  7.19     (1) for governor and lieutenant governor, running together, 
  7.20  $2,188,090; 
  7.21     (2) for attorney general, $364,690; 
  7.22     (3) for secretary of state and state auditor, separately, 
  7.23  $182,350; 
  7.24     (4) (3) for state senator, $54,740; and 
  7.25     (5) (4) for state representative, $27,380. 
  7.26     (b) In addition to the amount in paragraph (a), clause (1), 
  7.27  a candidate for endorsement for the Office of Lieutenant 
  7.28  Governor at the convention of a political party may make 
  7.29  campaign expenditures and approved expenditures of five percent 
  7.30  of that amount to seek endorsement.  
  7.31     (c) If a special election cycle occurs during a general 
  7.32  election cycle, expenditures by or on behalf of a candidate in 
  7.33  the special election do not count as expenditures by or on 
  7.34  behalf of the candidate in the general election. 
  7.35     (d) The expenditure limits in this subdivision for an 
  7.36  office are increased by ten percent for a candidate who is 
  8.1   running for that office for the first time and who has not run 
  8.2   previously for any other office whose territory now includes a 
  8.3   population that is more than one-third of the population in the 
  8.4   territory of the new office. 
  8.5      Sec. 6.  Minnesota Statutes 2002, section 10A.27, 
  8.6   subdivision 1, is amended to read: 
  8.7      Subdivision 1.  [CONTRIBUTION LIMITS.] (a) Except as 
  8.8   provided in subdivision 2, a candidate must not permit the 
  8.9   candidate's principal campaign committee to accept aggregate 
  8.10  contributions made or delivered by any individual, political 
  8.11  committee, or political fund in excess of the following: 
  8.12     (1) to candidates for governor and lieutenant governor 
  8.13  running together, $2,000 in an election year for the office 
  8.14  sought and $500 in other years; 
  8.15     (2) to a candidate for attorney general, $1,000 in an 
  8.16  election year for the office sought and $200 in other years; 
  8.17     (3) to a candidate for the Office of Secretary of State or 
  8.18  state auditor, $500 in an election year for the office sought 
  8.19  and $100 in other years; 
  8.20     (4) (3) to a candidate for state senator, $500 in an 
  8.21  election year for the office sought and $100 in other years; and 
  8.22     (5) (4) to a candidate for state representative, $500 in an 
  8.23  election year for the office sought and $100 in the other year. 
  8.24     (b) The following deliveries are not subject to the 
  8.25  bundling limitation in this subdivision: 
  8.26     (1) delivery of contributions collected by a member of the 
  8.27  candidate's principal campaign committee, such as a block worker 
  8.28  or a volunteer who hosts a fund-raising event, to the 
  8.29  committee's treasurer; and 
  8.30     (2) a delivery made by an individual on behalf of the 
  8.31  individual's spouse.  
  8.32     (c) A political committee or political fund must not make a 
  8.33  contribution a candidate is prohibited from accepting. 
  8.34     Sec. 7.  Minnesota Statutes 2002, section 10A.31, 
  8.35  subdivision 5, is amended to read: 
  8.36     Subd. 5.  [ALLOCATION.] (a)  [GENERAL ACCOUNT.] In each 
  9.1   calendar year the money in the general account must be allocated 
  9.2   to candidates as follows: 
  9.3      (1) 21 25 percent for the offices of governor and 
  9.4   lieutenant governor together; 
  9.5      (2) 4.2 percent for the Office of Attorney General; 
  9.6      (3) 2.4 2.5 percent each for the offices of secretary of 
  9.7   state and state auditor; 
  9.8      (4) (3) in each calendar year during the period in which 
  9.9   state senators serve a four-year term, 23-1/3 percent for the 
  9.10  office of state senator, and 46-2/3 percent for the office of 
  9.11  state representative; and 
  9.12     (5) (4) in each calendar year during the period in which 
  9.13  state senators serve a two-year term, 35 percent each for the 
  9.14  offices of state senator and state representative. 
  9.15     (b)  [PARTY ACCOUNT.] In each calendar year the money in 
  9.16  each party account must be allocated as follows: 
  9.17     (1) 14 15 percent for the offices of governor and 
  9.18  lieutenant governor together; 
  9.19     (2) 2.8 percent for the office of attorney general; 
  9.20     (3) 1.6 2.5 percent each for the offices of secretary of 
  9.21  state and state auditor; 
  9.22     (4) (3) in each calendar year during the period in which 
  9.23  state senators serve a four-year term, 23-1/3 percent for the 
  9.24  office of state senator, and 46-2/3 percent for the office of 
  9.25  state representative; 
  9.26     (5) (4) in each calendar year during the period in which 
  9.27  state senators serve a two-year term, 35 percent each for the 
  9.28  offices of state senator and state representative; and 
  9.29     (6) (5) ten percent for the state committee of a political 
  9.30  party. 
  9.31     Money allocated to each state committee under clause (6) 
  9.32  must be deposited in a separate account and must be spent for 
  9.33  only those items enumerated in section 10A.275.  Money allocated 
  9.34  to a state committee under clause (6) must be paid to the 
  9.35  committee by the board as it is received in the account on a 
  9.36  monthly basis, with payment on the 15th day of the calendar 
 10.1   month following the month in which the returns were processed by 
 10.2   the Department of Revenue, provided that these distributions 
 10.3   would be equal to 90 percent of the amount of money indicated in 
 10.4   the Department of Revenue's weekly unedited reports of income 
 10.5   tax returns and property tax refund returns processed in the 
 10.6   month, as notified by the Department of Revenue to the board.  
 10.7   The amounts paid to each state committee are subject to biennial 
 10.8   adjustment and settlement at the time of each certification 
 10.9   required of the commissioner of revenue under subdivisions 7 and 
 10.10  10.  If the total amount of payments received by a state 
 10.11  committee for the period reflected on a certification by the 
 10.12  Department of Revenue is different from the amount that should 
 10.13  have been received during the period according to the 
 10.14  certification, each subsequent monthly payment must be increased 
 10.15  or decreased to the fullest extent possible until the amount of 
 10.16  the overpayment is recovered or the underpayment is distributed. 
 10.17     Sec. 8.  Minnesota Statutes 2002, section 10A.323, is 
 10.18  amended to read: 
 10.19     10A.323 [AFFIDAVIT OF CONTRIBUTIONS.] 
 10.20     In addition to the requirements of section 10A.322, to be 
 10.21  eligible to receive a public subsidy under section 10A.31 a 
 10.22  candidate or the candidate's treasurer must file an affidavit 
 10.23  with the board stating that during that calendar year the 
 10.24  candidate has accumulated contributions from persons eligible to 
 10.25  vote in this state in at least the amount indicated for the 
 10.26  office sought, counting only the first $50 received from each 
 10.27  contributor: 
 10.28     (1) candidates for governor and lieutenant governor running 
 10.29  together, $35,000; 
 10.30     (2) candidates for attorney general, $15,000; 
 10.31     (3) candidates for secretary of state and state auditor, 
 10.32  separately, $6,000; 
 10.33     (4) (3) candidates for the senate, $3,000; and 
 10.34     (5) (4) candidates for the house of representatives, $1,500.
 10.35     The affidavit must state the total amount of contributions 
 10.36  that have been received from persons eligible to vote in this 
 11.1   state, disregarding the portion of any contribution in excess of 
 11.2   $50.  
 11.3      The candidate or the candidate's treasurer must submit the 
 11.4   affidavit required by this section to the board in writing by 
 11.5   September 1 of the general election year.  
 11.6      A candidate for a vacancy to be filled at a special 
 11.7   election for which the filing period does not coincide with the 
 11.8   filing period for the general election must submit the affidavit 
 11.9   required by this section to the board within five days after 
 11.10  filing the affidavit of candidacy. 
 11.11     Sec. 9.  Minnesota Statutes 2002, section 11A.03, is 
 11.12  amended to read: 
 11.13     11A.03 [STATE BOARD; MEMBERSHIP; ORGANIZATION.] 
 11.14     Pursuant to article XI, section 8, of the Constitution of 
 11.15  the state of Minnesota, the state board shall be composed of the 
 11.16  governor, state auditor, and secretary of state, and attorney 
 11.17  general.  The governor shall serve as ex officio chair of the 
 11.18  state board. 
 11.19     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
 11.20  15.06, subdivision 1, is amended to read: 
 11.21     Subdivision 1.  [APPLICABILITY.] This section applies to 
 11.22  the following departments or agencies:  the Departments of 
 11.23  Administration, Agriculture, Commerce, Corrections, Economic 
 11.24  Security, Education, Employee Relations, Employment and Economic 
 11.25  Development, Finance, Health, Human Rights, Justice, Labor and 
 11.26  Industry, Natural Resources, Public Safety, Human Services, 
 11.27  Revenue, Transportation, and Veterans Affairs; the Housing 
 11.28  Finance and Pollution Control Agencies; the Office of 
 11.29  Commissioner of Iron Range Resources and Rehabilitation; the 
 11.30  Bureau of Mediation Services; and their successor departments 
 11.31  and agencies.  The heads of the foregoing departments or 
 11.32  agencies are "commissioners." 
 11.33     Sec. 11.  Minnesota Statutes 2002, section 94.341, is 
 11.34  amended to read: 
 11.35     94.341 [MINNESOTA LAND EXCHANGE BOARD.] 
 11.36     The board created by the Constitution of the state of 
 12.1   Minnesota, article XI, section 10, consisting of the governor, 
 12.2   the attorney general, and the state auditor, shall be known as 
 12.3   the Minnesota Land Exchange Board.  The term "board" as used in 
 12.4   sections 94.341 to 94.347 refers to such board.  The governor 
 12.5   shall be chair of the board.  The state auditor shall be 
 12.6   secretary of the board and keep a record of its proceedings.  
 12.7   Approvals of land exchanges and other official acts of the board 
 12.8   may be evidenced by the certificate of the state auditor as 
 12.9   secretary, under official seal of the auditor.  When a land 
 12.10  exchange has been approved by the board it shall be presumed 
 12.11  that all other pertinent requirements of the law have been 
 12.12  complied with, and no exchange shall be invalidated by reason of 
 12.13  any defect or omission in respect of any such other requirement. 
 12.14     Sec. 12.  Minnesota Statutes 2003 Supplement, section 
 12.15  204B.11, subdivision 1, is amended to read: 
 12.16     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 12.17  Except as provided by subdivision 2, a filing fee shall be paid 
 12.18  by each candidate who files an affidavit of candidacy.  The fee 
 12.19  shall be paid at the time the affidavit is filed.  The amount of 
 12.20  the filing fee shall vary with the office sought as follows: 
 12.21     (a) for the office of governor, lieutenant governor, 
 12.22  attorney general, state auditor, secretary of state, 
 12.23  representative in Congress, judge of the Supreme Court, judge of 
 12.24  the Court of Appeals, or judge of the district court, $300; 
 12.25     (b) for the office of senator in Congress, $400; 
 12.26     (c) for office of senator or representative in the 
 12.27  legislature, $100; 
 12.28     (d) for a county office, $50; and 
 12.29     (e) for the office of soil and water conservation district 
 12.30  supervisor, $20. 
 12.31     For the office of presidential elector, and for those 
 12.32  offices for which no compensation is provided, no filing fee is 
 12.33  required. 
 12.34     The filing fees received by the county auditor shall 
 12.35  immediately be paid to the county treasurer.  The filing fees 
 12.36  received by the secretary of state shall immediately be paid to 
 13.1   the commissioner of finance. 
 13.2      When an affidavit of candidacy has been filed with the 
 13.3   appropriate filing officer and the requisite filing fee has been 
 13.4   paid, the filing fee shall not be refunded.  If a candidate's 
 13.5   filing fee is paid with a check, draft, or similar negotiable 
 13.6   instrument for which sufficient funds are not available or that 
 13.7   is dishonored, notice to the candidate of the worthless 
 13.8   instrument must be sent by the filing officer via registered 
 13.9   mail no later than immediately upon the closing of the filing 
 13.10  deadline with return receipt requested.  The candidate will have 
 13.11  five days from the time the filing officer receives proof of 
 13.12  receipt to issue a check or other instrument for which 
 13.13  sufficient funds are available.  The candidate issuing the 
 13.14  worthless instrument is liable for a service charge pursuant to 
 13.15  section 604.113.  If adequate payment is not made, the name of 
 13.16  the candidate must not appear on any official ballot and the 
 13.17  candidate is liable for all costs incurred by election officials 
 13.18  in removing the name from the ballot. 
 13.19     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 13.20  204D.10, subdivision 2, is amended to read: 
 13.21     Subd. 2.  [PARTY PRIMARY; TEN PERCENT REQUIREMENT.] If at 
 13.22  the state primary any individual seeking a major political 
 13.23  party's nomination for an office receives a number of votes 
 13.24  equal to ten percent of the average of the votes cast at the 
 13.25  last state general election for state officers of that major 
 13.26  political party within the district for which the office is 
 13.27  voted, then all candidates of that major political party who 
 13.28  receive the highest vote for an office are the nominees of that 
 13.29  major political party.  If none of the candidates of a major 
 13.30  political party receive the required ten percent, then no 
 13.31  candidates are nominated, and all the candidates of that major 
 13.32  political party may be nominated by nominating petition as 
 13.33  provided in sections 204B.07 to 204B.09.  For the purposes of 
 13.34  this subdivision, "state officers" mean the governor, lieutenant 
 13.35  governor, secretary of state, and state auditor, and attorney 
 13.36  general. 
 14.1      Sec. 14.  Minnesota Statutes 2003 Supplement, section 
 14.2   209.01, subdivision 2, is amended to read: 
 14.3      Subd. 2.  [STATEWIDE OFFICE.] For purposes of this chapter 
 14.4   "statewide office" means the office of governor, lieutenant 
 14.5   governor, attorney general, state auditor, secretary of state, 
 14.6   chief justice or associate justice of the Supreme Court, judge 
 14.7   of the Court of Appeals, United States senator, or presidential 
 14.8   elector. 
 14.9      Sec. 15.  Minnesota Statutes 2002, section 638.01, is 
 14.10  amended to read: 
 14.11     638.01 [BOARD OF PARDONS; HOW CONSTITUTED; POWERS.] 
 14.12     The Board of Pardons shall consist of the governor, and the 
 14.13  chief justice of the Supreme Court, and the attorney general.  
 14.14  The board may grant pardons and reprieves and commute the 
 14.15  sentence of any person convicted of any offense against the laws 
 14.16  of the state, in the manner and under the conditions and rules 
 14.17  hereinafter prescribed, but not otherwise.  
 14.18     Sec. 16.  [EFFECTIVE DATE.] 
 14.19     If the constitutional amendment proposed by article 1 is 
 14.20  approved, this article is effective the first Monday in January 
 14.21  2007.