Minnesota Legislature
HF 703
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27
1.28 1.29 1.30 1.31 2.1
2.2 2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5
3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27
3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12
4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6
5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16
5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35
5.36 6.1 6.2 6.3 6.4
A bill for an act
relating to elections; changing certain campaign
finance and public disclosure provisions; clarifying
terminology; providing for electronic filing;
reconciling certain prohibitions and civil penalties;
equalizing certain contribution provisions; limiting
certain assessments; repealing obsolete rules;
amending Minnesota Statutes 2004, sections 10A.01,
subdivision 5, by adding a subdivision; 10A.025, by
adding a subdivision; 10A.071, subdivision 3; 10A.08;
10A.20, subdivision 5; 10A.27, subdivision 1; 10A.28,
subdivision 2; 10A.31, subdivision 4; repealing
Minnesota Rules, parts 4501.0300, subparts 1, 4;
4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500,
subpart 9; 4503.0800, subpart 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 10A.01,
subdivision 5, is amended to read:
Subd. 5.
Associated business.
"Associated business"
means an associationnew text begin , corporation, partnership, limited
liability company, limited liability partnership, or other
organized legal entity new text end 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 $2,500 or more at fair market value.
Sec. 2.
Minnesota Statutes 2004, section 10A.01, is
amended by adding a subdivision to read:
new text begin Subd. 17c. new text end
new text begin Immediate family. new text end
new text begin
"Immediate family" means an
individual and the individual's spouse, children, parents, and
siblings.
new text end
Sec. 3.
Minnesota Statutes 2004, section 10A.025, is
amended by adding a subdivision to read:
new text begin Subd. 1a. new text end
new text begin Electronic filing. new text end
new text begin
A report or statement
required to be filed under this chapter may be filed
electronically. The board shall adopt rules to regulate
electronic filing and to ensure that the electronic filing
process is secure.
new text end
Sec. 4.
Minnesota Statutes 2004, section 10A.071,
subdivision 3, is amended to read:
Subd. 3.
Exceptions.
(a) The prohibitions in this
section do not apply if the gift is:
(1) a contribution as defined in section 10A.01,
subdivision 11;
(2) services to assist an official in the performance of
official duties, including but not limited to providing advice,
consultation, information, and communication in connection with
legislation, and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque or similar memento recognizing individual
services in a field of specialty or to a charitable cause;
(5) a trinket or memento of insignificant value;
(6) informational material of unexceptional value; or
(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech
or answer questions as part of a program.
(b) The prohibitions in this section do not apply if the
gift is given:
(1) because of the recipient's membership in a group, a
majority of whose members are not officials, and an equivalent
gift is given to the other members of the group; deleted text begin or
deleted text end
(2) by a lobbyist or principal who is a member of the
family of the recipient, unless the gift is given on behalf of
someone who is not a member of that familynew text begin ; or
new text end
new text begin
(3) by a national or multistate organization of
governmental organizations or public officials, if a majority of
the dues to the organization are paid from public funds, to
attendees at a conference sponsored by that organization, if the
gift is food or a beverage given at a reception or meal and an
equivalent gift is given or offered to all other attendeesnew text end .
Sec. 5.
Minnesota Statutes 2004, section 10A.08, is
amended to read:
10A.08 REPRESENTATION DISCLOSURE.
A public official who represents a client for a fee before
an individual, board, commission, or agency that has rulemaking
authority in a hearing conducted under chapter 14, must disclose
the official's participation in the action to the board within
14 days after the appearance. The board must send a notice by
certified mail to any public official who fails to disclose the
participation within 14 days after the appearance. If the
public official fails to disclose the participation within ten
business days after the notice was sent, the board may impose a
late filing fee of $5 per day, not to exceed $100, starting on
the 11th day after the notice was sent. new text begin The board must send an
additional notice by certified mail to a public official who
fails to disclose the participation within 14 days after the
first notice was sent by the board that the public official may
be subject to a civil penalty for failure to disclose the
participation. A public official who fails to disclose the
participation within seven days after the second notice was sent
by the board is subject to a civil penalty imposed by the board
of up to $1,000.
new text end
Sec. 6.
Minnesota Statutes 2004, section 10A.20,
subdivision 5, is amended to read:
Subd. 5.
Preelection reports.
In a statewide election
any loan, contribution, or contributions from any one source
totaling $2,000 or more, or in any judicial district or
legislative election totaling more than $400, received between
the last day covered in the last report before an election and
the election must be reported to the board in one of the
following ways:
(1) in person within 48 hours after its receipt;
(2) by telegram or mailgram within 48 hours after its
receipt; deleted text begin or
deleted text end
(3) by certified mail sent within 48 hours after its
receiptnew text begin ; or
new text end
new text begin
(4) by electronic means sent within 48 hours after its
receiptnew text end .
These loans and contributions must also be reported in the
next required report.
The 48-hour notice requirement does not apply with respect
to a primary in which the statewide or legislative candidate is
unopposed.
Sec. 7.
Minnesota Statutes 2004, section 10A.27,
subdivision 1, is amended to read:
Subdivision 1.
Contribution limits.
(a) Except as
provided in subdivision 2, a candidate must not permit the
candidate's principal campaign committee to accept aggregate
contributions made or delivered by any individual, political
committee, or political fund in excess of the following:
(1) to candidates for governor and lieutenant governor
running together, $2,000 in an election year for the office
sought and $500 in other years;
(2) to a candidate for attorney general, $1,000 in an
election year for the office sought and $200 in other years;
(3) to a candidate for the office of secretary of state or
state auditor, $500 in an election year for the office sought
and $100 in other years;
(4) to a candidate for state senator, $500 in an election
year for the office sought and $100 in other years; and
(5) to a candidate for state representative, $500 in an
election year for the office sought and $100 in the other year.
(b) The following deliveries are not subject to the
bundling limitation in this subdivision:
(1) delivery of contributions collected by a member of the
candidate's principal campaign committee, such as a block worker
or a volunteer who hosts a fund-raising event, to the
committee's treasurer; and
(2) a delivery made by an individual on behalf of the
individual's spouse.
(c) A new text begin lobbyist,new text end political committeenew text begin , political party unit,
new text end
or political fund must not make a contribution a candidate is
prohibited from accepting.
Sec. 8.
Minnesota Statutes 2004, section 10A.28,
subdivision 2, is amended to read:
Subd. 2.
Exceeding contribution limits.
A new text begin lobbyist,
new text end
political committee, political fund, new text begin political party unit,new text end or
principal campaign committee that makes a contribution, or a
candidate who permits the candidate's principal campaign
committee to accept contributions, in excess of the limits
imposed by section 10A.27 is subject to a civil penalty of up to
four times the amount by which the contribution exceeded the
limits.
Sec. 9.
Minnesota Statutes 2004, section 10A.31,
subdivision 4, is amended to read:
Subd. 4.
Appropriation.
(a) The amounts designated by
individuals for the state elections campaign fund, less three
percent, are appropriated from the general fund, must be
transferred and credited to the appropriate account in the state
elections campaign fund, and are annually appropriated for
distribution as set forth in subdivisions 5, 5a, 6, and 7. The
remaining three percent must be kept in the general fund for
administrative costs.
(b) In addition to the amounts in paragraph (a), $1,500,000
for each general election is appropriated from the general fund
for transfer to the general account of the state elections
campaign fund.
Of this appropriation, $65,000 each fiscal year must be set
aside to pay assessments made by the Office of Administrative
Hearings under section 211B.37new text begin for nonfrivolous complaintsnew text end .
Amounts remaining after all assessments have been paid must be
canceled to the general account.