HF 3697

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; changing certain campaign 
  1.3             financing provisions; amending Minnesota Statutes 
  1.4             2000, sections 10A.25, subdivision 1, by adding a 
  1.5             subdivision; 10A.27, by adding a subdivision; 10A.28, 
  1.6             subdivision 1; Minnesota Statutes 2001 Supplement, 
  1.7             section 290.06, subdivision 23; proposing coding for 
  1.8             new law in Minnesota Statutes, chapter 10A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 10A.25, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [LIMITS ARE VOLUNTARY.] The expenditure 
  1.13  limits imposed by this section on a candidate apply only to a 
  1.14  candidate who has signed an agreement under section 10A.322 to 
  1.15  be bound by them as a condition of receiving a public subsidy 
  1.16  for the candidate's campaign.  The prohibition imposed by this 
  1.17  section on the party organization within a house of the 
  1.18  legislature applies only to such a party unit whose treasurer 
  1.19  has signed an agreement under section 10A.3225 to be bound by it 
  1.20  as a condition of participating in the political contribution 
  1.21  refund program under section 290.06, subdivision 23. 
  1.22     Sec. 2.  Minnesota Statutes 2000, section 10A.25, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 14.  [INDEPENDENT EXPENDITURES BY LEGISLATIVE 
  1.25  CAUCUS.] A party organization within a house of the legislature 
  1.26  that agrees, pursuant to section 10A.3225, to participate in the 
  1.27  political contribution refund program, must not make an 
  2.1   independent expenditure. 
  2.2      Sec. 3.  Minnesota Statutes 2000, section 10A.27, is 
  2.3   amended by adding a subdivision to read: 
  2.4      Subd. 14.  [CERTAIN CONTRIBUTIONS TO LEGISLATIVE CAUCUSES.] 
  2.5   As a condition of participating in the political contribution 
  2.6   refund program under section 290.06, subdivision 23, the 
  2.7   treasurer of a party organization within a house of the 
  2.8   legislature shall not permit such a party unit to accept 
  2.9   aggregate contributions from any political committee or 
  2.10  political fund in excess of $20,000 in a calendar year.  
  2.11     Sec. 4.  Minnesota Statutes 2000, section 10A.28, 
  2.12  subdivision 1, is amended to read: 
  2.13     Subdivision 1.  [EXCEEDING EXPENDITURE LIMITS.] (a) A 
  2.14  candidate subject to the expenditure limits in section 10A.25 
  2.15  who permits the candidate's principal campaign committee to make 
  2.16  expenditures or permits approved expenditures to be made on the 
  2.17  candidate's behalf in excess of the limits imposed by section 
  2.18  10A.25, as adjusted by section 10A.255, is subject to a civil 
  2.19  fine of up to four times the amount by which the expenditures 
  2.20  exceeded the limit. 
  2.21     (b) The treasurer of a party organization within a house of 
  2.22  the legislature which is subject to the prohibition in section 
  2.23  10A.25 and which makes expenditures in violation of section 
  2.24  10A.25 is subject to a civil fine of up to four times the amount 
  2.25  of the expenditures. 
  2.26     Sec. 5.  [10A.3225] [SPENDING AND CONTRIBUTION AGREEMENT BY 
  2.27  LEGISLATIVE CAUCUS.] 
  2.28     Subdivision 1.  [GENERAL.] (a) As a condition of 
  2.29  participating in the political contribution refund program under 
  2.30  section 290.06, subdivision 23, the treasurer of the party 
  2.31  organization in a house of the legislature must sign and file 
  2.32  with the board a written agreement in which the party unit 
  2.33  agrees that it will comply with sections 10A.25 and 10A.27, 
  2.34  subdivision 14.  An agreement once filed may not be rescinded. 
  2.35     (b) The board must provide agreement forms to such party 
  2.36  units on request at any time.  The treasurer of the party 
  3.1   organization in a house of the legislature must file the 
  3.2   agreement with the board by February 1 in order for the party 
  3.3   unit to be authorized to issue political contribution refund 
  3.4   receipts. 
  3.5      (c) The spending and contribution limit agreement remains 
  3.6   in effect until the end of the first general election cycle 
  3.7   completed after the agreement was filed or the dissolution of 
  3.8   the party unit, whichever occurs first. 
  3.9      (d) The board must notify the commissioner of revenue of 
  3.10  any agreement filed under this subdivision. 
  3.11     Subd. 2.  [RECEIPT FORMS; PENALTY.] If the treasurer of a 
  3.12  party organization in a house of the legislature has not signed 
  3.13  an agreement under this section and the treasurer willfully 
  3.14  issues an official refund receipt form or a facsimile of one to 
  3.15  a contributor, the treasurer is subject to a civil fine of up to 
  3.16  $1,000. 
  3.17     Sec. 6.  Minnesota Statutes 2001 Supplement, section 
  3.18  290.06, subdivision 23, is amended to read: 
  3.19     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
  3.20  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
  3.21  amount of the taxpayer's contributions made in the calendar year 
  3.22  to candidates and to a political party.  The maximum refund for 
  3.23  an individual must not exceed $50 and for a married couple, 
  3.24  filing jointly, must not exceed $100.  A refund of a 
  3.25  contribution is allowed only if the taxpayer files a form 
  3.26  required by the commissioner and attaches to the form a copy of 
  3.27  an official refund receipt form issued by the candidate or party 
  3.28  and signed by the candidate, the treasurer of the candidate's 
  3.29  principal campaign committee, or the chair or treasurer of the 
  3.30  party unit, after the contribution was received.  The receipt 
  3.31  forms must be numbered, and the data on the receipt that are not 
  3.32  public must be made available to the campaign finance and public 
  3.33  disclosure board upon its request.  A claim must be filed with 
  3.34  the commissioner no sooner than January 1 of the calendar year 
  3.35  in which the contribution was made and no later than April 15 of 
  3.36  the calendar year following the calendar year in which the 
  4.1   contribution was made.  A taxpayer may file only one claim per 
  4.2   calendar year.  Amounts paid by the commissioner after June 15 
  4.3   of the calendar year following the calendar year in which the 
  4.4   contribution was made must include interest at the rate 
  4.5   specified in section 270.76. 
  4.6      (b) No refund is allowed under this subdivision for a 
  4.7   contribution to a candidate unless the candidate: 
  4.8      (1) has signed and filed an agreement to limit campaign 
  4.9   expenditures as provided in section 10A.322; 
  4.10     (2) is seeking an office for which voluntary spending 
  4.11  limits are specified in section 10A.25; and 
  4.12     (3) has designated a principal campaign committee.  
  4.13     This subdivision does not limit the campaign expenditures 
  4.14  of a candidate who does not sign an agreement but accepts a 
  4.15  contribution for which the contributor improperly claims a 
  4.16  refund.  
  4.17     (c) No refund is allowed under this subdivision for a 
  4.18  contribution to a party organization in a house of the 
  4.19  legislature unless the treasurer of such a party unit has signed 
  4.20  and filed an agreement to limit campaign expenditures and 
  4.21  acceptance of contributions as provided in section 10A.322. 
  4.22     (d) For purposes of this subdivision, "political party" 
  4.23  means a major political party as defined in section 200.02, 
  4.24  subdivision 7, or a minor political party qualifying for 
  4.25  inclusion on the income tax or property tax refund form under 
  4.26  section 10A.31, subdivision 3a.  
  4.27     A "major party" or "minor party" includes the aggregate of 
  4.28  that party's organization within each house of the legislature, 
  4.29  the state party organization, and the party organization within 
  4.30  congressional districts, counties, legislative districts, 
  4.31  municipalities, and precincts.  
  4.32     "Candidate" means a candidate as defined in section 10A.01, 
  4.33  subdivision 10, except a candidate for judicial office.  
  4.34     "Contribution" means a gift of money. 
  4.35     (d) (e) The commissioner shall make copies of the form 
  4.36  available to the public and candidates upon request. 
  5.1      (e) (f) The following data collected or maintained by the 
  5.2   commissioner under this subdivision are private:  the identities 
  5.3   of individuals claiming a refund, the identities of candidates 
  5.4   to whom those individuals have made contributions, and the 
  5.5   amount of each contribution.  
  5.6      (f) (g) The commissioner shall report to the campaign 
  5.7   finance and public disclosure board by each August 1 a summary 
  5.8   showing the total number and aggregate amount of political 
  5.9   contribution refunds made on behalf of each candidate and each 
  5.10  political party.  These data are public. 
  5.11     (g) (h) The amount necessary to pay claims for the refund 
  5.12  provided in this section is appropriated from the general fund 
  5.13  to the commissioner of revenue. 
  5.14     (h) (i) For a taxpayer who files a claim for refund via the 
  5.15  Internet or other electronic means, the commissioner may accept 
  5.16  the number on the official receipt as documentation that a 
  5.17  contribution was made rather than the actual receipt as required 
  5.18  by paragraph (a). 
  5.19     Sec. 7.  [EFFECTIVE DATE.] 
  5.20     Sections 1 to 6 are effective January 1, 2003.