as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/10/2000 |
1.1 A bill for an act 1.2 relating to ethics in government; campaign finance; 1.3 prohibiting a candidate who accepts a public subsidy 1.4 from accepting contributions from a political 1.5 committee or political fund; modifying the allocation 1.6 of state elections campaign fund money for candidates; 1.7 modifying the income tax checkoff for campaign 1.8 finance; amending Minnesota Statutes 1999 Supplement, 1.9 sections 10A.27, subdivision 11; 10A.31, subdivisions 1.10 3, 4, 5, 7, 10, and 10b; 10A.315; 10A.321, subdivision 1.11 1; 10A.323; repealing Minnesota Statutes 1999 1.12 Supplement, sections 10A.31, subdivisions 3a, 5a, 6, 1.13 and 6a. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 1999 Supplement, section 1.16 10A.27, subdivision 11, is amended to read: 1.17 Subd. 11. [CONTRIBUTIONS FROM CERTAIN TYPES OF 1.18 CONTRIBUTORS.] (a) A candidate who does not accept a public 1.19 subsidy must not permit the candidate's principal campaign 1.20 committee to accept a contribution from a political committee, 1.21 political fund, lobbyist, or large contributor, if the 1.22 contribution will cause the aggregate contributions from those 1.23 types of contributors to exceed an amount equal to 20 percent of 1.24 the expenditure limits for the office sought by the candidate. 1.25 (b) A candidate who accepts a public subsidy must not 1.26 permit the candidate's principal campaign committee to accept a 1.27 contribution from: 1.28 (1) a political committee or political fund; or 1.29 (2) a lobbyist or large contributor, if the contribution 2.1 would cause the aggregate contributions from lobbyists or large 2.2 contributors to exceed an amount equal to ten percent of the 2.3 expenditure limits for the office sought by the candidate. 2.4 (c) For purposes of this subdivision, "large contributor" 2.5 means an individual, other than the candidate, who contributes 2.6 an amount that is more than $100 and more than one-half the 2.7 amount an individual may contribute. 2.8 Sec. 2. Minnesota Statutes 1999 Supplement, section 2.9 10A.31, subdivision 3, is amended to read: 2.10 Subd. 3. [FORM.] The commissioner of revenue must provide 2.11 on the first page of the income tax form and the renter and 2.12 homeowner property tax refund return a space for the individual 2.13 to indicate a wish to pay $5 ($10 if filing a joint return) from 2.14 the general fund of the state to finance election campaigns and 2.15 a space for the individual to indicate a wish not to allocate 2.16 any money for that purpose.The form must also contain language2.17prepared by the commissioner that permits the individual to2.18direct the state to pay the $5 (or $10 if filing a joint return)2.19to: (1) one of the major political parties; (2) any minor2.20political party that qualifies under subdivision 3a; or (3) all2.21qualifying candidates as provided by subdivision 7.The renter 2.22 and homeowner property tax refund return must include 2.23 instructions that the individual filing the return may designate 2.24 $5 on the return only if the individual has not designated $5 on 2.25 the income tax return. 2.26 Sec. 3. Minnesota Statutes 1999 Supplement, section 2.27 10A.31, subdivision 4, is amended to read: 2.28 Subd. 4. [APPROPRIATION.] (a) The amounts designated by 2.29 individuals for the state elections campaign fund, less three 2.30 percent, are appropriated from the general fund,must be2.31transferred and creditedto theappropriate account in thestate 2.32 elections campaign fund, and are annually appropriated for 2.33 distribution as set forth in subdivisions 5, 5a, 6,and 7. The 2.34 remaining three percent must be kept in the general fund for 2.35 administrative costs. 2.36 (b) In addition to the amounts in paragraph (a), $1,500,000 3.1 for each general election is appropriated from the general fund 3.2 for transfer to thegeneral account of thestate elections 3.3 campaign fund. 3.4 Sec. 4. Minnesota Statutes 1999 Supplement, section 3.5 10A.31, subdivision 5, is amended to read: 3.6 Subd. 5. [ALLOCATION.](a) [GENERAL ACCOUNT.]In each 3.7 calendar year the money in thegeneral accountstate elections 3.8 campaign fund must be allocated to candidates as follows: 3.9 (1) 21 percent for the offices of governor and lieutenant 3.10 governor together; 3.11 (2) 4.2 percent for the office of attorney general; 3.12 (3) 2.4 percent each for the offices of secretary of state 3.13 and state auditor; 3.14 (4) in each calendar year during the period in which state 3.15 senators serve a four-year term, 23-1/3 percent for the office 3.16 of state senator, and 46-2/3 percent for the office of state 3.17 representative; and 3.18 (5) in each calendar year during the period in which state 3.19 senators serve a two-year term, 35 percent each for the offices 3.20 of state senator and state representative. 3.21(b) [PARTY ACCOUNT.] In each calendar year the money in3.22each party account must be allocated as follows:3.23(1) 14 percent for the offices of governor and lieutenant3.24governor together;3.25(2) 2.8 percent for the office of attorney general;3.26(3) 1.6 percent each for the offices of secretary of state3.27and state auditor;3.28(4) in each calendar year during the period in which state3.29senators serve a four-year term, 23-1/3 percent for the office3.30of state senator, and 46-2/3 percent for the office of state3.31representative;3.32(5) in each calendar year during the period in which state3.33senators serve a two-year term, 35 percent each for the offices3.34of state senator and state representative; and3.35(6) ten percent for the state committee of a political3.36party.4.1Money allocated to each state committee under clause (6)4.2must be deposited in a separate account and must be spent for4.3only those items enumerated in section 10A.275. Money allocated4.4to a state committee under clause (6) must be paid to the4.5committee by the board as it is received in the account on a4.6monthly basis, with payment on the 15th day of the calendar4.7month following the month in which the returns were processed by4.8the department of revenue, provided that these distributions4.9would be equal to 90 percent of the amount of money indicated in4.10the department of revenue's weekly unedited reports of income4.11tax returns and property tax refund returns processed in the4.12month, as notified by the department of revenue to the board.4.13The amounts paid to each state committee are subject to biennial4.14adjustment and settlement at the time of each certification4.15required of the commissioner of revenue under subdivisions 7 and4.1610. If the total amount of payments received by a state4.17committee for the period reflected on a certification by the4.18department of revenue is different from the amount that should4.19have been received during the period according to the4.20certification, each subsequent monthly payment must be increased4.21or decreased to the fullest extent possible until the amount of4.22the overpayment is recovered or the underpayment is distributed.4.23 Sec. 5. Minnesota Statutes 1999 Supplement, section 4.24 10A.31, subdivision 7, is amended to read: 4.25 Subd. 7. [DISTRIBUTIONOF GENERAL ACCOUNT.] (a)Within two4.26weeksAs soon as the board has obtained from the secretary of 4.27 state the results of the primary, but in no event later than one 4.28 week after certification by the state canvassing board of the 4.29 results of thegeneral electionprimary, the board must 4.30 distribute the available money in thegeneral accountstate 4.31 elections campaign fund, as certified by the commissioner of 4.32 revenue onNovemberSeptember 1 and according to allocations set 4.33 forth in subdivision 5, in equal amounts to all major party 4.34 candidates who: 4.35 (1) have signed a spending limit agreement under section 4.36 10A.322; 5.1 (2) have filed the affidavit of contributions required by 5.2 section 10A.323; and 5.3 (3) were opposed in either the primary election or the 5.4 general election; and5.5(4) are either a candidate for statewide office who5.6received at least five percent of the votes cast in the general5.7election for that office or a candidate for legislative office5.8who received at least ten percent of the votes cast in the5.9general election for that seat. 5.10 (b) The public subsidy under this subdivision may not be 5.11 paid in an amount that wouldcause the sum of the public subsidy5.12paid from the party account plus the public subsidy paid from5.13the general account toexceed 50 percent of the expenditure 5.14 limit for the candidate or 50 percent of the expenditure limit 5.15 that would have applied to the candidate if the candidate had 5.16 not been freed from expenditure limits under section 10A.25, 5.17 subdivision 10. Moneyfrom the general accountnot paid to a 5.18 candidate because of the 50 percent limit must be distributed 5.19 equally among all other qualifying candidates for the same 5.20 office until all have reached the 50 percent limit or the 5.21 balance in thegeneral accountstate elections campaign fund is 5.22 exhausted. 5.23 Sec. 6. Minnesota Statutes 1999 Supplement, section 5.24 10A.31, subdivision 10, is amended to read: 5.25 Subd. 10. [DECEMBER DISTRIBUTION.] In the event that on 5.26 the date ofeithercertification by the commissioner of revenue 5.27 as provided in subdivision6 or7, less than 98 percent of the 5.28 tax returns have been processed, the commissioner of revenue 5.29 must certify to the board by December 1 the amount accumulated 5.30 ineach accountthe state elections campaign fund since the 5.31 previous certification. By December 15, the board must 5.32 distribute to each candidate according to the allocations 5.33 insubdivisionssubdivision 5and 5athe amounts to which the 5.34 candidates are entitled. 5.35 Sec. 7. Minnesota Statutes 1999 Supplement, section 5.36 10A.31, subdivision 10b, is amended to read: 6.1 Subd. 10b. [REMAINDER.] Money accumulated after the final 6.2 certification must be kept in therespective accountsstate 6.3 elections campaign fund for distribution in the next general 6.4 election year. 6.5 Sec. 8. Minnesota Statutes 1999 Supplement, section 6.6 10A.315, is amended to read: 6.7 10A.315 [SPECIAL ELECTION SUBSIDY.] 6.8 (a) Each eligible candidate for a legislative office in a 6.9 special election must be paid a public subsidy equal to the sum 6.10of:6.11(1) the party account money at the last general election6.12for the candidate's party for the office the candidate is6.13seeking; and6.14(2) the general account moneypaid from the state elections 6.15 campaign fund to a candidate for the same office at the last 6.16 general election. 6.17 (b) A candidate who wishes to receive this public subsidy 6.18 must submit a signed agreement under section 10A.322 to the 6.19 board and must meet the contribution requirements of section 6.20 10A.323. The special election subsidy must be distributed in 6.21 the same manner as moneyin the party and general accountsis 6.22 distributed to legislative candidates in a general election. 6.23 (c) The amount necessary to make the payments required by 6.24 this section is appropriated from the general fund to the board. 6.25 Sec. 9. Minnesota Statutes 1999 Supplement, section 6.26 10A.321, subdivision 1, is amended to read: 6.27 Subdivision 1. [CALCULATION AND CERTIFICATION OF 6.28 ESTIMATES.] The commissioner of revenue must calculate and 6.29 certify to the board before July 1 in each election year an 6.30 estimate of the total amount in thestate general account of the6.31 state elections campaign fundand the amount of money each6.32candidate who qualifies, as provided in section 10A.31,6.33subdivisions 6 and 7, may receive from the candidate's party6.34account in the state elections campaign fund. This estimate 6.35 must be based upon the allocations and formulas in section 6.36 10A.31,subdivisionssubdivision 5and 5a,any necessary vote7.1totals provided by the secretary of state to apply the formulas7.2in section 10A.31, subdivisions 5, and 5a,and the amount of 7.3 money expected to be available after 100 percent of the tax 7.4 returns have been processed. 7.5 Sec. 10. Minnesota Statutes 1999 Supplement, section 7.6 10A.323, is amended to read: 7.7 10A.323 [AFFIDAVIT OF CONTRIBUTIONS.] 7.8 In addition to the requirements of section 10A.322, to be 7.9 eligible to receive a public subsidy under section 10A.31 a 7.10 candidate or the candidate's treasurer must file an affidavit 7.11 with the board stating that during that calendar year the 7.12 candidate has accumulated contributions from persons eligible to 7.13 vote in this state in at least the amount indicated for the 7.14 office sought, counting only the first $50 received from each 7.15 contributor: 7.16 (1) candidates for governor and lieutenant governor running 7.17 together, $35,000; 7.18 (2) candidates for attorney general, $15,000; 7.19 (3) candidates for secretary of state and state auditor, 7.20 separately, $6,000; 7.21 (4) candidates for the senate,$3,000$4,000; and 7.22 (5) candidates for the house of 7.23 representatives,$1,500$2,000. 7.24 The affidavit must state the total amount of contributions 7.25 that have been received from persons eligible to vote in this 7.26 state, disregarding the portion of any contribution in excess of 7.27 $50. 7.28 The candidate or the candidate's treasurer must submit the 7.29 affidavit required by this section to the board in writing by 7.30 September 1 of the general election year to receive the payment 7.31 made following the primary election and by November 1 to receive 7.32 the payment made following the general election. 7.33 A candidate for a vacancy to be filled at a special 7.34 election for which the filing period does not coincide with the 7.35 filing period for the general election must submit the affidavit 7.36 required by this section to the board within five days after 8.1 filing the affidavit of candidacy. 8.2 Sec. 11. [REPEALER.] 8.3 Minnesota Statutes 1999 Supplement, section 10A.31, 8.4 subdivisions 3a, 5a, 6, and 6a are repealed.