HF 999

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the ethical practices board; clarifying 
  1.3             definitions; strengthening enforcement powers; 
  1.4             requiring additional disclosure of lobbyist 
  1.5             activities; facilitating reports of last-minute 
  1.6             contributions; clarifying campaign finance 
  1.7             requirements; requiring return of public subsidies 
  1.8             under certain conditions; providing penalties; 
  1.9             amending Minnesota Statutes 1994, sections 10A.01, 
  1.10            subdivisions 11, 25, 28, and by adding a subdivision; 
  1.11            10A.02, subdivisions 11 and 12; 10A.03, subdivisions 2 
  1.12            and 3; 10A.04, subdivisions 3, 4, 5, 6, and 7; 10A.05; 
  1.13            10A.065, subdivision 1, and by adding a subdivision; 
  1.14            10A.08; 10A.09, subdivision 7; 10A.14, subdivision 4; 
  1.15            10A.15, subdivisions 3a and 5; 10A.20, subdivisions 3, 
  1.16            5, 6b, and 12; 10A.21, subdivision 3; 10A.23; 10A.25, 
  1.17            subdivisions 2, 6, 11, and 13; 10A.27, subdivisions 9, 
  1.18            10, and 12; 10A.275, subdivision 1; 10A.28, 
  1.19            subdivision 1; 10A.31, subdivisions 3, 4, 5, 7, 11, 
  1.20            and 12; 10A.315; 10A.322, subdivisions 1 and 4; 
  1.21            10A.323; 10A.324, subdivision 1; 10A.335; 10A.34; 
  1.22            211A.12; 211B.15, subdivisions 2, 15, and 16; and 
  1.23            290.06, subdivision 23; repealing Minnesota Statutes 
  1.24            1994, sections 10A.09, subdivision 3; 10A.21, 
  1.25            subdivisions 1 and 2; and 10A.324, subdivisions 2 and 
  1.26            4. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28     Section 1.  Minnesota Statutes 1994, section 10A.01, 
  1.29  subdivision 11, is amended to read: 
  1.30     Subd. 11.  [LOBBYIST.] (a) "Lobbyist" means an individual: 
  1.31     (1) engaged for pay or other consideration, or authorized 
  1.32  to spend money by another individual, association, political 
  1.33  subdivision, or public higher education system, who spends more 
  1.34  than five hours in any month or more than $250, not including 
  1.35  the individual's own travel expenses and membership dues, in any 
  1.36  year, for the purpose of attempting to influence legislative or 
  2.1   administrative action, or the official action of a metropolitan 
  2.2   governmental unit, by communicating or urging others to 
  2.3   communicate with public or local officials; or.  Time spent 
  2.4   monitoring legislative or administrative action, or the official 
  2.5   action of a metropolitan governmental unit, and related 
  2.6   research, analysis, and compilation and dissemination of 
  2.7   information relating to legislative or administrative policy in 
  2.8   this state, or to the policies of metropolitan governmental 
  2.9   units, is counted toward the five-hour limit. 
  2.10     (2) "Lobbyist" also means an individual who spends more 
  2.11  than $250, not including the individual's own traveling expenses 
  2.12  and membership dues, in any year for the purpose of attempting 
  2.13  to influence legislative or administrative action, or the 
  2.14  official action of a metropolitan governmental unit, by 
  2.15  communicating or urging others to communicate with public or 
  2.16  local officials. 
  2.17     (b) "Lobbyist" does not include: 
  2.18     (1) a public official; 
  2.19     (2) an employee of the state, including an employee of any 
  2.20  of the public higher education systems; 
  2.21     (3) an elected local official; 
  2.22     (4) a nonelected local official or an employee of a 
  2.23  political subdivision acting in an official capacity, unless the 
  2.24  nonelected official or employee of a political subdivision 
  2.25  spends more than 50 hours in any month attempting to influence 
  2.26  legislative or administrative action, or the official action of 
  2.27  a metropolitan governmental unit other than the political 
  2.28  subdivision employing the official or employee, by communicating 
  2.29  or urging others to communicate with public or local officials, 
  2.30  including time spent monitoring legislative or administrative 
  2.31  action, or the official action of a metropolitan governmental 
  2.32  unit, and related research, analysis, and compilation and 
  2.33  dissemination of information relating to legislative or 
  2.34  administrative policy in this state, or to the policies of 
  2.35  metropolitan governmental units; 
  2.36     (5) a party or the party's representative appearing in a 
  3.1   proceeding before a state board, commission or agency of the 
  3.2   executive branch unless the board, commission or agency is 
  3.3   taking administrative action; 
  3.4      (6) an individual while engaged in selling goods or 
  3.5   services to be paid for by public funds; 
  3.6      (7) a news medium or its employees or agents while engaged 
  3.7   in the publishing or broadcasting of news items, editorial 
  3.8   comments or paid advertisements which directly or indirectly 
  3.9   urge official action; 
  3.10     (8) a paid expert witness whose testimony is requested by 
  3.11  the body before which the witness is appearing, but only to the 
  3.12  extent of preparing or delivering testimony; 
  3.13     (9) a stockholder of a family farm corporation as defined 
  3.14  in section 500.24, subdivision 2, who does not spend over $250, 
  3.15  excluding the stockholder's own travel expenses, in any year in 
  3.16  communicating with public officials; or 
  3.17     (10) a party or the party's representative appearing to 
  3.18  present a claim to the legislature and communicating to 
  3.19  legislators only by the filing of a claim form and supporting 
  3.20  documents and by appearing at public hearings on the claim. 
  3.21     Sec. 2.  Minnesota Statutes 1994, section 10A.01, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 13a.  [OFFICIAL ACTION OF A METROPOLITAN GOVERNMENTAL 
  3.24  UNIT.] "Official action of a metropolitan governmental unit" 
  3.25  does not include action to apply or administer an adopted 
  3.26  ordinance or land use plan but does include action to approve a 
  3.27  contract, conveyance, or financing agreement. 
  3.28     Sec. 3.  Minnesota Statutes 1994, section 10A.01, 
  3.29  subdivision 25, is amended to read: 
  3.30     Subd. 25.  [LOCAL OFFICIAL.] "Local official" means a 
  3.31  person who holds elective office in a political subdivision or 
  3.32  who is appointed to or employed in a public position in a 
  3.33  political subdivision in which the person has authority to make, 
  3.34  to recommend, or to vote on as a member of the governing body, 
  3.35  major final recommendations and decisions regarding the 
  3.36  expenditure or investment of public money.  In a metropolitan 
  4.1   governmental unit, "local official" includes a person appointed 
  4.2   to or employed in a part-time or acting position. 
  4.3      Sec. 4.  Minnesota Statutes 1994, section 10A.01, 
  4.4   subdivision 28, is amended to read: 
  4.5      Subd. 28.  [PRINCIPAL.] "Principal" means an individual or, 
  4.6   association, political subdivision, or public higher education 
  4.7   system that:  
  4.8      (1) spends more than $500 in the aggregate in any calendar 
  4.9   year to engage a lobbyist, compensate a lobbyist, or authorize 
  4.10  the expenditure of money by a lobbyist; or 
  4.11     (2) is not included in clause (1) and spends a total of at 
  4.12  least $50,000 in any calendar year on efforts to influence 
  4.13  legislative action, administrative action, or the official 
  4.14  action of metropolitan governmental units, as described in 
  4.15  section 10A.04, subdivision 6.  
  4.16     Sec. 5.  Minnesota Statutes 1994, section 10A.02, 
  4.17  subdivision 11, is amended to read: 
  4.18     Subd. 11.  The board may investigate any alleged violation 
  4.19  of this chapter.  The board shall investigate any violation 
  4.20  which is alleged in a written complaint filed with the board 
  4.21  and, except for alleged violations of section 10A.25 or 10A.27, 
  4.22  shall within 30 90 days after the filing of the complaint make a 
  4.23  public finding of whether or not there is probable cause to 
  4.24  believe a violation has occurred.  In the case of a written 
  4.25  complaint alleging a violation of section 10A.25 or 10A.27, the 
  4.26  board shall either enter a conciliation agreement or make a 
  4.27  public finding of whether or not there is probable cause, within 
  4.28  60 90 days of the filing of the complaint.  The deadline for 
  4.29  action on any written complaint may be extended by majority vote 
  4.30  of the board.  Within a reasonable time after beginning an 
  4.31  investigation of an individual or association, the board shall 
  4.32  notify that individual or association of the fact of the 
  4.33  investigation.  The board shall make no finding of whether or 
  4.34  not there is probable cause to believe a violation has occurred 
  4.35  without notifying the individual or association of the nature of 
  4.36  the allegations and affording an opportunity to answer those 
  5.1   allegations.  Any hearing or action of the board concerning any 
  5.2   complaint or investigation other than a finding concerning 
  5.3   probable cause or a conciliation agreement shall be 
  5.4   confidential.  Until the board makes a public finding concerning 
  5.5   probable cause or enters a conciliation agreement: 
  5.6      (a) No member, employee, or agent of the board shall 
  5.7   disclose to any individual any information obtained by that 
  5.8   member, employee, or agent concerning any complaint or 
  5.9   investigation except as required to carry out the investigation 
  5.10  or take action in the matter as authorized by this chapter; and 
  5.11     (b) Any individual who discloses information contrary to 
  5.12  the provisions of this subdivision shall be guilty of a 
  5.13  misdemeanor.  Except as provided in section 10A.28, after the 
  5.14  board makes a public finding of probable cause the board shall 
  5.15  report that finding to the appropriate law enforcement 
  5.16  authorities. 
  5.17     Sec. 6.  Minnesota Statutes 1994, section 10A.02, 
  5.18  subdivision 12, is amended to read: 
  5.19     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  5.20  publish advisory opinions on the requirements of this chapter 
  5.21  based upon real or hypothetical situations.  An application for 
  5.22  an advisory opinion may be made only by an individual or 
  5.23  association who wishes to use the opinion to guide the 
  5.24  individual's or the association's own conduct.  The board shall 
  5.25  issue written opinions on all such questions submitted to it 
  5.26  within 30 60 days after receipt of written application, unless a 
  5.27  majority of the board agrees to extend the time limit.  
  5.28     (b) A written advisory opinion issued by the board is 
  5.29  binding on the board in any subsequent board proceeding 
  5.30  concerning the person making or covered by the request and is a 
  5.31  defense in a judicial proceeding that involves the subject 
  5.32  matter of the opinion and is brought against the person making 
  5.33  or covered by the request unless: 
  5.34     (1) the board has amended or revoked the opinion before the 
  5.35  initiation of the board or judicial proceeding, has notified the 
  5.36  person making or covered by the request of its action, and has 
  6.1   allowed at least 30 days for the person to do anything that 
  6.2   might be necessary to comply with the amended or revoked 
  6.3   opinion; 
  6.4      (2) the request has omitted or misstated material facts; or 
  6.5      (3) the person making or covered by the request has not 
  6.6   acted in good faith in reliance on the opinion. 
  6.7      (c) A request for an opinion and the opinion itself are 
  6.8   nonpublic data.  The board, however, may publish an opinion or a 
  6.9   summary of an opinion, but may not include in the publication 
  6.10  the name of the requester, the name of a person covered by a 
  6.11  request from an agency or political subdivision, or any other 
  6.12  information that might identify the requester unless the person 
  6.13  consents to the inclusion. 
  6.14     Sec. 7.  Minnesota Statutes 1994, section 10A.03, 
  6.15  subdivision 2, is amended to read: 
  6.16     Subd. 2.  The registration form shall be prescribed by the 
  6.17  board and shall include (a) the name and address of the 
  6.18  lobbyist, (b) the principal place of business of the lobbyist, 
  6.19  (c) the name and address of each person, if any, by whom the 
  6.20  lobbyist is retained or employed or on whose behalf the lobbyist 
  6.21  appears, and, if different, of each principal by which the 
  6.22  lobbyist is engaged, compensated, or authorized to lobby, and 
  6.23  (d) a general description of the subject or subjects on which 
  6.24  the lobbyist expects to lobby whether the lobbying is to 
  6.25  influence legislative action, administrative action, or the 
  6.26  official actions of a metropolitan governmental unit.  If the 
  6.27  lobbyist lobbies on behalf of an association the registration 
  6.28  form shall include the name and address of the officers and 
  6.29  directors of the association.  If the lobbyist lobbies on behalf 
  6.30  of a political subdivision, the registration must include the 
  6.31  name and address of the chief executive and members of the 
  6.32  governing body of the political subdivision.  
  6.33     Sec. 8.  Minnesota Statutes 1994, section 10A.03, 
  6.34  subdivision 3, is amended to read: 
  6.35     Subd. 3.  The board shall notify by certified mail or 
  6.36  personal service any lobbyist who fails to file a registration 
  7.1   form within five days after becoming a lobbyist.  If a lobbyist 
  7.2   fails to file a form within seven five days after receiving this 
  7.3   the notice was mailed, the board may impose a late filing fee 
  7.4   at $5 $25 per day, not to exceed $100 $250, commencing with 
  7.5   the eighth sixth day after receiving the notice was mailed.  
  7.6   The board shall further notify by certified mail or personal 
  7.7   service any lobbyist who fails to file a form within 21 days of 
  7.8   receiving a after the first notice was mailed that the lobbyist 
  7.9   may be subject to a criminal penalty for failure to file the 
  7.10  form.  A lobbyist who knowingly fails to file a form within 
  7.11  seven five days after receiving a second this notice from the 
  7.12  board is guilty of a misdemeanor. 
  7.13     Sec. 9.  Minnesota Statutes 1994, section 10A.04, 
  7.14  subdivision 3, is amended to read: 
  7.15     Subd. 3.  Each person or, association, or political 
  7.16  subdivision about whose activities a lobbyist is required to 
  7.17  report shall provide the information required by sections 10A.03 
  7.18  to 10A.05 to the lobbyist no later than five days before the 
  7.19  prescribed filing date. 
  7.20     Sec. 10.  Minnesota Statutes 1994, section 10A.04, 
  7.21  subdivision 4, is amended to read: 
  7.22     Subd. 4.  (a) The report shall include such information as 
  7.23  the board may require from the registration form and the 
  7.24  information required by this subdivision for the reporting 
  7.25  period. 
  7.26     (b) Each lobbyist shall report the lobbyist's total 
  7.27  disbursements on lobbying, separately listing lobbying to 
  7.28  influence legislative action, lobbying to influence 
  7.29  administrative action, and lobbying to influence the official 
  7.30  actions of a metropolitan governmental unit, and a breakdown of 
  7.31  disbursements for each of those kinds of lobbying into 
  7.32  categories specified by the board, including but not limited to 
  7.33  the cost of publication and distribution of each publication 
  7.34  used in lobbying; other printing; media, including the cost of 
  7.35  production; postage; travel; fees, including allowances; 
  7.36  entertainment; telephone and telegraph; and other expenses. 
  8.1      (c) Each lobbyist shall report the amount and nature of 
  8.2   each honorarium, gift, loan, item or benefit, excluding 
  8.3   contributions to a candidate, equal in value to $5 or more, 
  8.4   given or paid to any public or local official by the lobbyist or 
  8.5   any employer or any employee of the lobbyist.  The list shall 
  8.6   include the name and address of each public or local official to 
  8.7   whom the honorarium, gift, loan, item or benefit was given or 
  8.8   paid and the date it was given or paid.  A lobbyist need report 
  8.9   only the aggregate amount and nature of food or beverages given 
  8.10  or made available to all members of the legislature or a house 
  8.11  of the legislature or to all members of a local legislative 
  8.12  body, along with the name of the legislative body and the date 
  8.13  it was given or made available. 
  8.14     (d) Each lobbyist shall report each original source of 
  8.15  funds money in excess of $500 in any year used for the purpose 
  8.16  of lobbying to influence legislative action, each such source of 
  8.17  funds money used to influence administrative action, and each 
  8.18  such source of funds money used to influence the official action 
  8.19  of metropolitan governmental units.  For money used to influence 
  8.20  administrative action or the official action of metropolitan 
  8.21  governmental units, the administrative entities and metropolitan 
  8.22  governmental units must be identified.  The list shall include 
  8.23  the name, address and employer, or, if self-employed, the 
  8.24  occupation and principal place of business, of each payer of 
  8.25  funds in excess of $500. 
  8.26     Sec. 11.  Minnesota Statutes 1994, section 10A.04, 
  8.27  subdivision 5, is amended to read: 
  8.28     Subd. 5.  The board shall notify by certified mail or 
  8.29  personal service any lobbyist or principal who fails after seven 
  8.30  days after a filing date imposed by this section to file a 
  8.31  report or statement required by this section.  If a lobbyist or 
  8.32  principal fails to file a report within seven five days after 
  8.33  receiving this the notice was mailed, the board may impose a 
  8.34  late filing fee of $5 $25 per day, not to exceed $100 $250, 
  8.35  commencing with the eighth sixth day after receiving the notice 
  8.36  was mailed.  The board shall further notify by certified mail or 
  9.1   personal service any lobbyist or principal who fails to file a 
  9.2   report within 21 days after receiving a the first notice was 
  9.3   mailed that the lobbyist or principal may be subject to a 
  9.4   criminal penalty for failure to file the report.  A lobbyist or 
  9.5   principal who knowingly fails to file such a report or statement 
  9.6   within seven five days after receiving a second this notice 
  9.7   from the board is guilty of a misdemeanor. 
  9.8      Sec. 12.  Minnesota Statutes 1994, section 10A.04, 
  9.9   subdivision 6, is amended to read: 
  9.10     Subd. 6.  [LOBBYIST AND PRINCIPAL REPORTS.] (a) Each 
  9.11  principal shall report to the board as required in this 
  9.12  subdivision by March 15 for the preceding calendar year. 
  9.13     (b) Each principal shall report which of the following 
  9.14  categories includes the total amount, rounded to the nearest 
  9.15  dollar, spent by the principal during the preceding calendar 
  9.16  year to influence legislative action, the total amount spent by 
  9.17  the principal during the preceding calendar year to influence 
  9.18  administrative action, and the total amount spent by the 
  9.19  principal during the preceding calendar year to influence the 
  9.20  official action of metropolitan governmental units: 
  9.21     (1) $501 to $50,000; 
  9.22     (2) $50,001 to $150,000; or 
  9.23     (3) $150,001 to $250,000. 
  9.24     (c) Beyond $250,000, each additional $250,000 constitutes 
  9.25  an additional category, and each principal shall report which of 
  9.26  the categories includes the total amount spent by the principal 
  9.27  for the purposes provided in this subdivision. 
  9.28     (d) The principal shall report under this subdivision a 
  9.29  total amount that includes amounts reported under paragraph (b) 
  9.30  must include: 
  9.31     (1) all direct payments by the principal to lobbyists in 
  9.32  Minnesota; 
  9.33     (2) all expenditures for advertising, mailing, research, 
  9.34  analysis, compilation and dissemination of information, and 
  9.35  public relations campaigns related to legislative action, 
  9.36  administrative action, or the official action of metropolitan 
 10.1   governmental units in Minnesota; and 
 10.2      (3) all salaries and administrative expenses attributable 
 10.3   to activities of the principal relating to efforts to influence 
 10.4   legislative action, administrative action, or the official 
 10.5   action of metropolitan governmental units in Minnesota. 
 10.6      (d) For amounts used to influence administrative action or 
 10.7   the official action of metropolitan governmental units, the 
 10.8   administrative entities and metropolitan governmental units must 
 10.9   be identified. 
 10.10     Sec. 13.  Minnesota Statutes 1994, section 10A.04, 
 10.11  subdivision 7, is amended to read: 
 10.12     Subd. 7.  [FINANCIAL RECORDS.] The board may randomly audit 
 10.13  the financial records of lobbyists and principals required to 
 10.14  report under this section.  Lobbyists and principals shall 
 10.15  retain for four years after the report was filed all records 
 10.16  concerning the matters reported under this chapter, including 
 10.17  vouchers, canceled checks, bills, invoices, worksheets, and 
 10.18  receipts. 
 10.19     Sec. 14.  Minnesota Statutes 1994, section 10A.05, is 
 10.20  amended to read: 
 10.21     10A.05 [LOBBYIST REPORT.] 
 10.22     Within 30 days after each lobbyist filing date set by 
 10.23  section 10A.04, the executive director of the board shall report 
 10.24  to the governor, and the presiding officer of each house of the 
 10.25  legislature, the names of the lobbyists registered who were not 
 10.26  previously reported, the names of the persons or, associations, 
 10.27  or political subdivisions whom they represent as lobbyists, the 
 10.28  subject or subjects on which they are lobbying, and whether in 
 10.29  each case they lobby to influence legislative or administrative 
 10.30  action or both.  At the same times, the executive director of 
 10.31  the board shall report to the governing body of each 
 10.32  metropolitan governmental unit, the names of the registered 
 10.33  lobbyists who attempt to influence the official action of 
 10.34  metropolitan governmental units, and the names of the 
 10.35  persons or, associations, or political subdivisions whom they 
 10.36  represent as lobbyists, and the subject or subjects on which 
 11.1   they are lobbying. 
 11.2      Sec. 15.  Minnesota Statutes 1994, section 10A.065, 
 11.3   subdivision 1, is amended to read: 
 11.4      Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
 11.5   LEGISLATIVE SESSION.] A candidate for the legislature or for 
 11.6   constitutional office, a candidate's principal campaign 
 11.7   committee, any other political committee with the candidate's 
 11.8   name or title, any committee authorized by the candidate, or a 
 11.9   political committee established by all or a part of the party 
 11.10  organization within a house of the legislature, shall not 
 11.11  solicit or accept a contribution on behalf of a candidate's 
 11.12  principal campaign committee, any other political committee with 
 11.13  the candidate's name or title, any committee authorized by the 
 11.14  candidate, or a political committee established by all or a part 
 11.15  of the party organization within a house of the legislature, 
 11.16  from a registered lobbyist, political committee, or political 
 11.17  fund during a regular session of the legislature.  For a 
 11.18  candidate for constitutional office, the prohibition in this 
 11.19  subdivision extends to the 14 days immediately following 
 11.20  adjournment of the legislature in either year of a biennium. 
 11.21     Sec. 16.  Minnesota Statutes 1994, section 10A.065, is 
 11.22  amended by adding a subdivision to read: 
 11.23     Subd. 6.  [FEDERAL OFFICES.] This section does not prohibit 
 11.24  a candidate from soliciting or accepting a contribution to a 
 11.25  campaign for a federal office. 
 11.26     Sec. 17.  Minnesota Statutes 1994, section 10A.08, is 
 11.27  amended to read: 
 11.28     10A.08 [REPRESENTATION DISCLOSURE.] 
 11.29     Any public official who represents a client for a fee 
 11.30  before any individual, board, commission or agency that has rule 
 11.31  making authority in a hearing conducted under chapter 14, shall 
 11.32  disclose the official's participation in the action to the board 
 11.33  within 14 days after the appearance.  The board shall notify by 
 11.34  certified mail or personal service any public official who fails 
 11.35  to disclose the participation within 14 days after the 
 11.36  appearance.  If the public official fails to disclose the 
 12.1   participation within seven five days of after this notice was 
 12.2   mailed, the board may impose a late filing fee of $5 $25 per 
 12.3   day, not to exceed $100 $250, commencing on the eighth sixth day 
 12.4   after receiving the notice was mailed.  The board shall further 
 12.5   notify by certified mail or personal service any individual who 
 12.6   fails to disclose the participation within 21 days after the 
 12.7   first notice was mailed that the individual may be subject to a 
 12.8   criminal penalty for failure to disclose the participation.  An 
 12.9   individual who fails to disclose the participation within five 
 12.10  days after receiving this notice is guilty of a misdemeanor. 
 12.11     Sec. 18.  Minnesota Statutes 1994, section 10A.09, 
 12.12  subdivision 7, is amended to read: 
 12.13     Subd. 7.  The board shall notify by certified mail or 
 12.14  personal service any individual who fails within the prescribed 
 12.15  time to file a statement of economic interest required by this 
 12.16  section.  If an individual fails to file a statement within 
 12.17  seven five days after receiving this the notice was mailed, 
 12.18  the board may impose a late filing fee of $5 $25 per day, not to 
 12.19  exceed $100 $250, commencing on the eighth sixth day after 
 12.20  receiving the notice was mailed.  The board shall further notify 
 12.21  by certified mail or personal service any individual who fails 
 12.22  to file a statement within 21 days after receiving a the first 
 12.23  notice was mailed that the individual may be subject to a 
 12.24  criminal penalty for failure to file a statement.  An individual 
 12.25  who fails to file a statement within seven five days after a 
 12.26  second receiving this notice is guilty of a misdemeanor. 
 12.27     Sec. 19.  Minnesota Statutes 1994, section 10A.14, 
 12.28  subdivision 4, is amended to read: 
 12.29     Subd. 4.  The board shall notify by certified mail or 
 12.30  personal service any individual who fails to file a statement 
 12.31  required by this section.  If an individual fails to file a 
 12.32  statement within seven five days after receiving a the notice 
 12.33  was mailed, the board may impose a late filing fee of $5 $25 per 
 12.34  day, not to exceed $100 $250, commencing with the eighth sixth 
 12.35  day after receiving the notice was mailed.  The board shall 
 12.36  further notify by certified mail or personal service any 
 13.1   individual who fails to file a statement within 21 days 
 13.2   after receiving a the first notice was mailed that such 
 13.3   individual may be subject to a criminal penalty for failure to 
 13.4   file the report statement.  An individual who knowingly fails to 
 13.5   file the statement within seven five days after receiving a 
 13.6   second this notice from the board is guilty of a misdemeanor. 
 13.7      Sec. 20.  Minnesota Statutes 1994, section 10A.15, 
 13.8   subdivision 3a, is amended to read: 
 13.9      Subd. 3a.  No treasurer of a principal campaign committee 
 13.10  of a candidate or of a political committee or political fund 
 13.11  shall deposit any transfer which on its face exceeds the limit 
 13.12  on contributions to that candidate or political committee or 
 13.13  political fund prescribed by section 10A.27 unless, at the time 
 13.14  of deposit, the treasurer issues a check to the source for the 
 13.15  amount of the excess. 
 13.16     Sec. 21.  Minnesota Statutes 1994, section 10A.15, 
 13.17  subdivision 5, is amended to read: 
 13.18     Subd. 5.  [LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND 
 13.19  REGISTRATION NUMBER ON CHECKS.] A contribution made to a 
 13.20  candidate by a lobbyist, political committee, or political fund 
 13.21  that makes a contribution to a candidate must show on the 
 13.22  contribution the name of the lobbyist, political committee, or 
 13.23  political fund and the number under which it is registered with 
 13.24  the board.  A candidate may rely upon the presence or absence of 
 13.25  a registration number in determining whether the contribution is 
 13.26  from a lobbyist and is not subject to a civil penalty for the 
 13.27  failure of a contributor to comply with this subdivision.  The 
 13.28  contributor is subject to a civil penalty imposed by the board 
 13.29  in an amount up to four times the amount of the contribution 
 13.30  that was not properly identified. 
 13.31     Sec. 22.  Minnesota Statutes 1994, section 10A.20, 
 13.32  subdivision 3, is amended to read: 
 13.33     Subd. 3.  [CONTENTS OF REPORT.] Each report under this 
 13.34  section shall disclose: 
 13.35     (a) The amount of liquid assets on hand at the beginning of 
 13.36  the reporting period; 
 14.1      (b) The name, address and employer, or occupation if 
 14.2   self-employed, of each individual, political committee or 
 14.3   political fund who within the year has made one or more 
 14.4   transfers or donations in kind to the political committee or 
 14.5   political fund during the reporting period, including the 
 14.6   purchase of tickets for all fund raising efforts, which in 
 14.7   aggregate within the year equal or exceed $100 for legislative, 
 14.8   judicial district, or statewide candidates or ballot questions, 
 14.9   together with the amount and date of each transfer or donation 
 14.10  in kind, and the aggregate amount of transfers and donations in 
 14.11  kind within the year from each source so disclosed.  A donation 
 14.12  in kind shall be disclosed at its fair market value.  An 
 14.13  approved expenditure is listed as a donation in kind.  A 
 14.14  donation in kind is considered consumed in the reporting period 
 14.15  in which it is received.  The names of contributors shall be 
 14.16  listed in alphabetical order; 
 14.17     (c) The sum of contributions to the political committee or 
 14.18  political fund during the reporting period; 
 14.19     (d) Each loan made or received by the political committee 
 14.20  or political fund within the year in aggregate in excess of 
 14.21  $100, continuously reported until repaid or forgiven, together 
 14.22  with the name, address, occupation and the principal place of 
 14.23  business, if any, of the lender and any endorser and the date 
 14.24  and amount of the loan.  If any loan made to the principal 
 14.25  campaign committee of a candidate is forgiven at any time or 
 14.26  repaid by any entity other than that principal campaign 
 14.27  committee, it shall be reported as a contribution for the year 
 14.28  in which the loan was made; 
 14.29     (e) Each receipt in excess of $100 not otherwise listed 
 14.30  under clauses (b) to (d); 
 14.31     (f) The sum of all receipts of the political committee or 
 14.32  political fund during the reporting period; 
 14.33     (g) The name and address of each individual or association 
 14.34  to whom aggregate expenditures, including approved expenditures, 
 14.35  have been made by or on behalf of the political committee or 
 14.36  political fund during the reporting period that aggregate within 
 15.1   the year in excess of $100, together with the amount, date and 
 15.2   purpose of each expenditure and the name and address of, and 
 15.3   office sought by, each candidate on whose behalf the expenditure 
 15.4   was made, identification of the ballot question which the 
 15.5   expenditure is intended to promote or defeat, and in the case of 
 15.6   independent expenditures made in opposition to a candidate, the 
 15.7   name, address and office sought for each such candidate, except 
 15.8   that an independent expenditure of less than $300 per candidate 
 15.9   by an association targeted to inform solely its own dues-paying 
 15.10  members of the association's position on a candidate need not be 
 15.11  itemized and an association that makes only this type of 
 15.12  expenditure need not register with the board; 
 15.13     (h) The sum of all expenditures made by or on behalf of the 
 15.14  political committee or political fund during the reporting 
 15.15  period; 
 15.16     (i) The amount and nature of any advance of credit incurred 
 15.17  by the political committee or political fund, continuously 
 15.18  reported until paid or forgiven.  If any advance of credit 
 15.19  incurred by the principal campaign committee of a candidate is 
 15.20  forgiven at any time by the creditor or paid by any entity other 
 15.21  than that principal campaign committee, it shall be reported as 
 15.22  a donation in kind for the year in which the advance of credit 
 15.23  was incurred; 
 15.24     (j) The name and address of each political committee, 
 15.25  political fund, or principal campaign committee to which 
 15.26  aggregate transfers have been made during the reporting period 
 15.27  that aggregate in excess of $100 have been made within the year, 
 15.28  together with the amount and date of each transfer; 
 15.29     (k) The sum of all transfers made by the political 
 15.30  committee, political fund, or principal campaign committee 
 15.31  during the reporting period; 
 15.32     (l) Except for contributions to a candidate or committee 
 15.33  for a candidate for office in a municipality as defined in 
 15.34  section 471.345, subdivision 1, The name and address of each 
 15.35  individual or association to whom aggregate noncampaign 
 15.36  disbursements have been made during the reporting period that 
 16.1   aggregate in excess of $100 have been made within the year by or 
 16.2   on behalf of a principal campaign committee, political 
 16.3   committee, or political fund, together with the amount, date, 
 16.4   and purpose of each noncampaign disbursement; 
 16.5      (m) The sum of all noncampaign disbursements made within 
 16.6   the year reporting period by or on behalf of a principal 
 16.7   campaign committee, political committee, or political fund; and 
 16.8      (n) A report filed under subdivision 2, clause (b), by a 
 16.9   political committee or political fund that is subject to 
 16.10  subdivision 14, must contain the information required by 
 16.11  subdivision 14, if the political committee or political fund has 
 16.12  solicited and caused others to make aggregate contributions 
 16.13  greater than $5,000 between January 1 of the general election 
 16.14  year and the end of the reporting period.  This disclosure 
 16.15  requirement is in addition to the report required by subdivision 
 16.16  14. 
 16.17     Sec. 23.  Minnesota Statutes 1994, section 10A.20, 
 16.18  subdivision 5, is amended to read: 
 16.19     Subd. 5.  [PREELECTION REPORTS.] In any statewide election 
 16.20  any loan, contribution, or contributions from any one source 
 16.21  totaling $2,000 or more, or in any judicial district or 
 16.22  legislative election totaling more than $400, received between 
 16.23  the last day covered in the last report prior to an election and 
 16.24  the election shall be reported to the board in one of the 
 16.25  following ways: 
 16.26     (1) in person within 48 hours after its receipt; 
 16.27     (2) by facsimile transmission and first class mail sent 
 16.28  within 48 hours after its receipt; 
 16.29     (2) (3) by telegram or mailgram within 48 hours after its 
 16.30  receipt; or 
 16.31     (3) (4) by certified mail sent within 48 hours after its 
 16.32  receipt. 
 16.33     These loans and contributions must also be reported in the 
 16.34  next required report. 
 16.35     The 48-hour notice requirement does not apply with respect 
 16.36  to a primary if the statewide or legislative candidate is 
 17.1   unopposed in that primary. 
 17.2      Sec. 24.  Minnesota Statutes 1994, section 10A.20, 
 17.3   subdivision 6b, is amended to read: 
 17.4      Subd. 6b.  [INDEPENDENT EXPENDITURES; NOTICE.] (a) Within 
 17.5   24 hours after an individual, political committee, or political 
 17.6   fund makes or becomes obligated by oral or written agreement to 
 17.7   make an independent expenditure in excess of $100, other than an 
 17.8   expenditure by an association targeted to inform solely its own 
 17.9   dues-paying members of the association's position on a 
 17.10  candidate, the individual, political committee, or political 
 17.11  fund shall file with the board an affidavit notifying the board 
 17.12  of the intent to make the independent expenditure and serve a 
 17.13  copy of the affidavit on each candidate in the affected race and 
 17.14  on the treasurer of the candidate's principal campaign 
 17.15  committee.  The affidavit must contain the information with 
 17.16  respect to the expenditure that is required to be reported under 
 17.17  subdivision 3, paragraph (g); except that if an expenditure is 
 17.18  reported before it is made, the notice must include a reasonable 
 17.19  estimate of the anticipated amount.  Each new expenditure 
 17.20  requires a new notice. 
 17.21     (b) An individual or the treasurer of a political committee 
 17.22  or political fund who fails to give notice as required by this 
 17.23  subdivision, or who files a false affidavit of notice, is guilty 
 17.24  of a gross misdemeanor and is subject to a civil fine of up to 
 17.25  four times the amount of the independent expenditure stated in 
 17.26  the notice or of which notice was required or, whichever is 
 17.27  greater in the case of a false notice, the difference between 
 17.28  the amount stated and the amount required. 
 17.29     Sec. 25.  Minnesota Statutes 1994, section 10A.20, 
 17.30  subdivision 12, is amended to read: 
 17.31     Subd. 12.  The board shall notify by certified mail or 
 17.32  personal service any individual who fails to file a statement 
 17.33  required by this section.  If an individual fails to file a 
 17.34  statement due January 31 within seven five days after receiving 
 17.35  a notice was mailed, the board may impose a late filing fee 
 17.36  of $5 $25 per day, not to exceed $100 $250, commencing on 
 18.1   the eighth sixth day after receiving notice was mailed.  If an 
 18.2   individual fails to file a statement due before any primary or 
 18.3   election within three days of the date due, regardless of 
 18.4   whether the individual has received any notice, the board may 
 18.5   impose a late filing fee of $50 $100 per day, not to 
 18.6   exceed $500 $1,000, commencing on the fourth day after the date 
 18.7   the statement was due.  The board shall further notify by 
 18.8   certified mail or personal service any individual who fails to 
 18.9   file any statement within 14 days after receiving a first notice 
 18.10  from the board was mailed that the individual may be subject to 
 18.11  a criminal penalty for failure to file a statement.  An 
 18.12  individual who knowingly fails to file the statement 
 18.13  within seven five days after receiving a second this notice 
 18.14  from the board is guilty of a misdemeanor. 
 18.15     Sec. 26.  Minnesota Statutes 1994, section 10A.21, 
 18.16  subdivision 3, is amended to read: 
 18.17     Subd. 3.  Statements and reports filed with county auditor 
 18.18  shall be available to the public in the manner prescribed by 
 18.19  section 10A.02, subdivision 8, clause (e).  Statements and 
 18.20  reports of principal campaign committees shall be retained until 
 18.21  four years after the election to which they pertain.  Economic 
 18.22  interest statements shall be retained until the subject of the 
 18.23  statement is no longer a candidate or officeholder.  Upon 
 18.24  request of a county auditor, the board shall send the auditor a 
 18.25  copy of a statement of economic interest filed with the board.  
 18.26  The copy need not be certified. 
 18.27     Sec. 27.  Minnesota Statutes 1994, section 10A.23, is 
 18.28  amended to read: 
 18.29     10A.23 [CHANGES AND CORRECTIONS.] 
 18.30     Subdivision 1.  [REPORT.] Any material changes in 
 18.31  information previously submitted and any corrections to a report 
 18.32  or statement shall be reported in writing to the board within 
 18.33  ten days following the date of the event prompting the change or 
 18.34  the date upon which the person filing became aware of the 
 18.35  inaccuracy.  The change or correction shall identify the form 
 18.36  and the paragraph containing the information to be changed or 
 19.1   corrected.  
 19.2      Subd. 2.  [NOTICE; PENALTY.] If the board determines that a 
 19.3   report or statement is inaccurate, the board shall notify by 
 19.4   certified mail the person who filed the report or statement of 
 19.5   the need to correct it.  If the person fails to file a corrected 
 19.6   report or statement within ten days after the notice was mailed, 
 19.7   the board may impose a late filing fee at the rate of $25 a day, 
 19.8   not to exceed $250, commencing with the 11th day after the 
 19.9   notice was mailed.  The board shall further notify by certified 
 19.10  mail or personal service a person who fails to file a corrected 
 19.11  report or statement within 21 days after the first notice was 
 19.12  mailed that the person may be subject to a criminal penalty for 
 19.13  failure to file the correction.  Any person who willfully fails 
 19.14  to report a material change or correction within 30 days after 
 19.15  receiving this notice is guilty of a gross misdemeanor. 
 19.16     Sec. 28.  Minnesota Statutes 1994, section 10A.25, 
 19.17  subdivision 2, is amended to read: 
 19.18     Subd. 2.  (a) In a year in which an election is held for an 
 19.19  office sought by a candidate, no expenditures shall be made by 
 19.20  the principal campaign committee of that candidate, nor any 
 19.21  approved expenditures made on behalf of that candidate which 
 19.22  expenditures and approved expenditures result in an aggregate 
 19.23  amount in excess of the following: 
 19.24     (1) for governor and lieutenant governor, running together, 
 19.25  $1,626,691; 
 19.26     (2) for attorney general, $271,116; 
 19.27     (3) for secretary of state, state treasurer, and state 
 19.28  auditor, separately, $135,559; 
 19.29     (4) for state senator, $40,669; 
 19.30     (5) for state representative, $20,335. 
 19.31     (b) If a special election cycle occurs during a general 
 19.32  election cycle, expenditures by or on behalf of a candidate in 
 19.33  the special election do not count as expenditures by or on 
 19.34  behalf of the candidate in the general election. 
 19.35     (c) The expenditure limits in this subdivision for an 
 19.36  office are increased by ten percent for a candidate who is 
 20.1   running a candidate for that office for the first time and who 
 20.2   has not run previously been a candidate for any other state, 
 20.3   federal, or local office whose territory now includes a 
 20.4   population that is more than one-third of the population in the 
 20.5   territory of the new office. 
 20.6      Sec. 29.  Minnesota Statutes 1994, section 10A.25, 
 20.7   subdivision 6, is amended to read: 
 20.8      Subd. 6.  During an election cycle, in any year before an 
 20.9   the election year for the office held or sought, the aggregate 
 20.10  amount of expenditures by and approved expenditures on behalf of 
 20.11  a candidate for or holder of that office shall not exceed 20 
 20.12  percent of the expenditure limit set forth in subdivision 2. 
 20.13     Sec. 30.  Minnesota Statutes 1994, section 10A.25, 
 20.14  subdivision 11, is amended to read: 
 20.15     Subd. 11.  [CARRYFORWARD; DISPOSITION OF OTHER FUNDS.] 
 20.16  After all campaign expenditures and noncampaign disbursements 
 20.17  for an election cycle have been made, an amount up to 50 percent 
 20.18  of the election-year expenditure limit for the office may be 
 20.19  carried forward.  Any remaining amount up to the total amount of 
 20.20  the public subsidy from the state elections campaign fund and 
 20.21  any public matching subsidy must be returned to the state 
 20.22  treasury for credit to the general fund under section 10A.324.  
 20.23  Any remaining amount in excess of the total public subsidy must 
 20.24  be contributed to the state elections campaign fund or a 
 20.25  political party for multicandidate expenditures as defined in 
 20.26  section 10A.275. 
 20.27     Sec. 31.  Minnesota Statutes 1994, section 10A.25, 
 20.28  subdivision 13, is amended to read: 
 20.29     Subd. 13.  [INDEPENDENT EXPENDITURES; LIMITS INCREASED.] 
 20.30  (a) The expenditure limits in this section are increased by the 
 20.31  sum of independent expenditures made in opposition to a 
 20.32  candidate plus independent expenditures made on behalf of the 
 20.33  candidate's major political party opponents, other than 
 20.34  expenditures by an association targeted to inform solely its own 
 20.35  dues-paying members of the association's position on a candidate.
 20.36     (b) Within 48 hours after receipt of an expenditure report 
 21.1   or notice required by section 10A.20, subdivision 3, 6, or 6b, 
 21.2   the board shall notify each candidate in the race of the 
 21.3   increase in the expenditure limit for the candidates against 
 21.4   whom the independent expenditures have been made. 
 21.5      (c) Within three days after providing this notice, the 
 21.6   board shall pay each candidate against whom the independent 
 21.7   expenditures have been made, if the candidate is eligible to 
 21.8   receive a public subsidy and has raised twice the minimum match 
 21.9   required, an additional public subsidy equal to one-half the 
 21.10  independent expenditures.  If the candidate has not already 
 21.11  filed with the board an affidavit that the candidate has raised 
 21.12  twice the minimum match required, the board need not make the 
 21.13  payment until three days after the candidate has filed the 
 21.14  affidavit.  The amount needed to pay the additional public 
 21.15  subsidy under this subdivision is appropriated from the general 
 21.16  fund to the board. 
 21.17     Sec. 32.  Minnesota Statutes 1994, section 10A.27, 
 21.18  subdivision 9, is amended to read: 
 21.19     Subd. 9.  (a) A candidate or the treasurer of a candidate's 
 21.20  principal campaign committee shall not accept a transfer or 
 21.21  contribution from another candidate's principal campaign 
 21.22  committee or from any other committee bearing the contributing 
 21.23  candidate's name or title or otherwise authorized by the 
 21.24  contributing candidate, unless the contributing candidate's 
 21.25  principal campaign committee is being dissolved.  A candidate's 
 21.26  principal campaign committee shall not make a transfer or 
 21.27  contribution to another candidate's principal campaign 
 21.28  committee, except when the contributing committee is being 
 21.29  dissolved.  
 21.30     (b) A candidate's principal campaign committee shall not 
 21.31  accept a transfer or contribution from, or make a transfer or 
 21.32  contribution to, a committee associated with a person who seeks 
 21.33  nomination or election to the office of President, Senator, or 
 21.34  Representative in Congress of the United States. 
 21.35     (c) A candidate or the treasurer of a candidate's principal 
 21.36  campaign committee shall not accept a contribution from a 
 22.1   candidate for state or political subdivision office, in any 
 22.2   state, unless the contribution is from the personal funds of the 
 22.3   candidate for state or political subdivision office.  A 
 22.4   candidate or the treasurer of a candidate's principal campaign 
 22.5   committee shall not make a contribution from the principal 
 22.6   campaign committee to a candidate for state or political 
 22.7   subdivision office in any state. 
 22.8      Sec. 33.  Minnesota Statutes 1994, section 10A.27, 
 22.9   subdivision 10, is amended to read: 
 22.10     Subd. 10.  [PROHIBITED CONTRIBUTIONS.] A candidate who 
 22.11  accepts a public subsidy may not contribute to the candidate's 
 22.12  own campaign during a year more than ten times the candidate's 
 22.13  election year contribution limit for that year under subdivision 
 22.14  1. 
 22.15     Sec. 34.  Minnesota Statutes 1994, section 10A.27, 
 22.16  subdivision 12, is amended to read: 
 22.17     Subd. 12.  [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR 
 22.18  FUNDS.] The treasurer of a political committee or political fund 
 22.19  that makes contributions to candidates, other than a candidate's 
 22.20  principal campaign committee or a political party unit as 
 22.21  defined in section 10A.275, shall not permit the political 
 22.22  committee or political fund to accept aggregate contributions 
 22.23  from an individual, political committee, or political fund in an 
 22.24  amount more than $100 a year. 
 22.25     Sec. 35.  Minnesota Statutes 1994, section 10A.275, 
 22.26  subdivision 1, is amended to read: 
 22.27     Subdivision 1.  [EXCEPTIONS.] Notwithstanding any other 
 22.28  provisions of this chapter, the following expenditures by a 
 22.29  state political party, a party unit, or two or more party units 
 22.30  acting together, with at least one party unit being either:  the 
 22.31  state party organization or the party organization within a 
 22.32  congressional district, county, or legislative district, shall 
 22.33  not be considered contributions to or expenditures on behalf of 
 22.34  any candidate for the purposes of section 10A.25 or 10A.27, and 
 22.35  shall not be allocated to any candidates pursuant to section 
 22.36  10A.22, subdivision 5: 
 23.1      (a) expenditures on behalf of candidates of that party 
 23.2   generally without referring to any of them specifically in any 
 23.3   advertisement published, posted or broadcast; 
 23.4      (b) expenditures for the preparation, display, mailing or 
 23.5   other distribution of an official party sample ballot listing 
 23.6   the names of three or more individuals whose names are to appear 
 23.7   on the ballot; 
 23.8      (c) expenditures for any telephone conversation including 
 23.9   the names of three or more individuals whose names are to appear 
 23.10  on the ballot; 
 23.11     (d) expenditures for any political party fundraising effort 
 23.12  on behalf of three or more candidates; or 
 23.13     (e) expenditures for party committee staff member services 
 23.14  that benefit three or more candidates.  
 23.15     Public subsidy money received from the state and required 
 23.16  to be used for multicandidate political expenditures must be 
 23.17  kept in a separate account and used only on behalf of candidates 
 23.18  who have filed a spending limit agreement under section 10A.322. 
 23.19     Sec. 36.  Minnesota Statutes 1994, section 10A.28, 
 23.20  subdivision 1, is amended to read: 
 23.21     Subdivision 1.  [CANDIDATE EXCEEDING EXPENDITURE LIMITS.] A 
 23.22  candidate subject to the expenditure limits in section 10A.25 
 23.23  who permits the candidate's principal campaign committee to make 
 23.24  expenditures or permits approved expenditures to be made on the 
 23.25  candidate's behalf in excess of the limits imposed by section 
 23.26  10A.25, as adjusted by section 10A.255, may be ordered by the 
 23.27  board to return part or all of the public subsidy paid to the 
 23.28  candidate and is subject to a civil fine up to four times the 
 23.29  amount which the expenditures exceeded the limit. 
 23.30     Sec. 37.  Minnesota Statutes 1994, section 10A.31, 
 23.31  subdivision 3, is amended to read: 
 23.32     Subd. 3.  [FORM.] The commissioner of the department of 
 23.33  revenue shall provide on the first page of the income tax form 
 23.34  and the renter and homeowner property tax refund return a space 
 23.35  for the individual to indicate a wish to allocate $5 ($10 if 
 23.36  filing a joint return) from the general fund of the state to 
 24.1   finance election campaigns.  The form shall also contain 
 24.2   language prepared by the commissioner which permits the 
 24.3   individual to direct the state to allocate the $5 (or $10 if 
 24.4   filing a joint return) to:  (i) one of the major political 
 24.5   parties and its candidates; (ii) any minor political party as 
 24.6   defined in section 10A.01, subdivision 13, which qualifies under 
 24.7   the provisions of subdivision 3a, and its candidates; or (iii) 
 24.8   all qualifying candidates as provided by subdivision 7.  The 
 24.9   renter and homeowner property tax refund return shall include 
 24.10  instructions that the individual filing the return may designate 
 24.11  $5 on the return only if the individual has not designated $5 on 
 24.12  the income tax return. 
 24.13     Sec. 38.  Minnesota Statutes 1994, section 10A.31, 
 24.14  subdivision 4, is amended to read: 
 24.15     Subd. 4.  (a) The amounts designated by individuals for the 
 24.16  state elections campaign fund, less three percent, are 
 24.17  appropriated from the general fund and shall be credited to the 
 24.18  appropriate account in the state elections campaign fund and 
 24.19  annually appropriated for distribution as set forth in 
 24.20  subdivisions 5, 6 and 7.  An amount equal to three percent shall 
 24.21  be retained in the general fund for administrative costs.  
 24.22     (b) In addition to the amounts in paragraph (a), $1,500,000 
 24.23  for each general election is appropriated from the general fund 
 24.24  for transfer to the general account of the state elections 
 24.25  campaign fund. 
 24.26     Sec. 39.  Minnesota Statutes 1994, section 10A.31, 
 24.27  subdivision 5, is amended to read: 
 24.28     Subd. 5.  In each calendar year the money in the general 
 24.29  account shall be allocated to candidates as follows: 
 24.30     (1) 21 percent for the offices of governor and lieutenant 
 24.31  governor together; 
 24.32     (2) 3.6 percent for the office of attorney general; 
 24.33     (3) 1.8 percent each for the offices of secretary of state, 
 24.34  state auditor, and state treasurer; 
 24.35     (4) In each calendar year during the period in which state 
 24.36  senators serve a four-year term, 23-1/3 percent for the office 
 25.1   of state senator, and 46-2/3 percent for the office of state 
 25.2   representative; 
 25.3      (5) In each calendar year during the period in which state 
 25.4   senators serve a two-year term, 35 percent each for the offices 
 25.5   of state senator and state representative. 
 25.6      In each calendar year the money in each party account shall 
 25.7   be allocated as follows: 
 25.8      (1) 14 percent for the offices of governor and lieutenant 
 25.9   governor together; 
 25.10     (2) 2.4 percent for the office of attorney general; 
 25.11     (3) 1.2 percent each for the offices of secretary of state, 
 25.12  state auditor, and state treasurer; 
 25.13     (4) In each calendar year during the period in which state 
 25.14  senators serve a four-year term, 23-1/3 percent for the office 
 25.15  of state senator, and 46-2/3 percent for the office of state 
 25.16  representative; 
 25.17     (5) In each calendar year during the period in which state 
 25.18  senators serve a two-year term, 35 percent each for the offices 
 25.19  of state senator and state representative; 
 25.20     (6) ten percent for the state committee of a political 
 25.21  party; money allocated to each state committee under this clause 
 25.22  must be deposited in a separate account and must be spent for 
 25.23  only those items enumerated in section 10A.275; money allocated 
 25.24  to a state committee under this clause must be paid to the 
 25.25  committee by the state treasurer as notified by the state 
 25.26  ethical practices board as it is received in the account on a 
 25.27  monthly basis, with payment on the 15th day of the calendar 
 25.28  month following the month in which the returns were processed by 
 25.29  the department of revenue, provided that these distributions 
 25.30  would be equal to 90 percent of the amount of money indicated in 
 25.31  the department of revenue's weekly unedited reports of income 
 25.32  tax returns and property tax refund returns processed in the 
 25.33  month, as notified by the department of revenue to the state 
 25.34  ethical practices board.  The amounts paid to each state 
 25.35  committee are subject to biennial adjustment and settlement at 
 25.36  the time of each certification required of the commissioner of 
 26.1   revenue under subdivisions 7 and 10.  If the total amount of 
 26.2   payments received by a state committee for the period reflected 
 26.3   on a certification by the department of revenue is different 
 26.4   from the amount that should have been received during the period 
 26.5   according to the certification, each subsequent monthly payment 
 26.6   must be increased or decreased to the fullest extent possible 
 26.7   until the amount of the overpayment is recovered or the 
 26.8   underpayment is distributed. 
 26.9      To assure that moneys will be returned to the counties from 
 26.10  which they were collected, and to assure that the distribution 
 26.11  of those moneys rationally relates to the support for particular 
 26.12  parties or for particular candidates within legislative 
 26.13  districts, money from the party accounts for legislative 
 26.14  candidates shall be distributed as follows: 
 26.15     Each candidate for the state senate and state house of 
 26.16  representatives whose name is to appear on the ballot in the 
 26.17  general election shall receive money from the candidate's party 
 26.18  account set aside for candidates of the state senate or state 
 26.19  house of representatives, whichever applies, according to the 
 26.20  following formula; 
 26.21     For each county within the candidate's district the 
 26.22  candidate's share of the dollars allocated in that county to the 
 26.23  candidate's party account and set aside for that office shall be:
 26.24     (a) The sum of the votes cast in the last general election 
 26.25  in that part of the county in the candidate's district for all 
 26.26  candidates of that candidate's party (i) whose names appeared on 
 26.27  the ballot in each voting precinct of the state and (ii) for the 
 26.28  state senate and state house of representatives, divided by 
 26.29     (b) The sum of the votes cast in that county in the last 
 26.30  general election for all candidates of that candidate's party 
 26.31  (i) whose names appeared on the ballot in each voting precinct 
 26.32  in the state and (ii) for the state senate and state house of 
 26.33  representatives, multiplied by 
 26.34     (c) The amount in the candidate's party account allocated 
 26.35  in that county and set aside for the candidates for the office 
 26.36  for which the candidate is running. 
 27.1      The sum of all the county shares calculated in the formula 
 27.2   above is the candidate's share of the candidate's party account. 
 27.3      In a year in which an election for the state senate occurs, 
 27.4   with respect to votes for candidates for the state senate only, 
 27.5   "last general election" means the last general election in which 
 27.6   an election for the state senate occurred. 
 27.7      For any party under whose name no candidate's name appeared 
 27.8   on the ballot in each voting precinct in the state in the last 
 27.9   general election, amounts in the party's account shall be 
 27.10  allocated based on (a) the number of people voting in the last 
 27.11  general election in that part of the county in the candidate's 
 27.12  district, divided by (b) the number of the people voting in that 
 27.13  county in the last general election, multiplied by (c) the 
 27.14  amount in the candidate's party account allocated in that county 
 27.15  and set aside for the candidates for the office for which the 
 27.16  candidate is running. 
 27.17     In a year in which the first election after a legislative 
 27.18  reapportionment is held, "the candidate's district" means the 
 27.19  newly drawn district, and voting data from the last general 
 27.20  election will be applied to the area encompassing the newly 
 27.21  drawn district notwithstanding that the area was in a different 
 27.22  district in the last general election. 
 27.23     If in a district there was no candidate of a party for the 
 27.24  state senate or state house of representatives in the last 
 27.25  general election, or if a candidate for the state senate or 
 27.26  state house of representatives was unopposed, the vote for that 
 27.27  office for that party shall be the average vote of all the 
 27.28  remaining candidates of that party in each county of that 
 27.29  district whose votes are included in the sums in clauses (a) and 
 27.30  (b).  The average vote shall be added to the sums in clauses (a) 
 27.31  and (b) before the calculation is made for all districts in the 
 27.32  county. 
 27.33     Money from a party account not distributed to refused by 
 27.34  candidates for state senator and representative in any election 
 27.35  year shall be returned to the general fund of the state.  Money 
 27.36  from a party account not distributed to candidates for other 
 28.1   offices in an election year shall be returned to the party 
 28.2   account for reallocation to candidates as provided in clauses 
 28.3   (1) to (6) in the following year.  Money from the general 
 28.4   account refused by any candidate shall be distributed to all 
 28.5   other qualifying candidates in proportion to their shares as 
 28.6   provided in this subdivision.  
 28.7      Sec. 40.  Minnesota Statutes 1994, section 10A.31, 
 28.8   subdivision 7, is amended to read: 
 28.9      Subd. 7.  Within two weeks after certification by the state 
 28.10  canvassing board of the results of the general election, the 
 28.11  board shall distribute the available funds in the general 
 28.12  account, as certified by the commissioner of revenue on November 
 28.13  1 and according to allocations set forth in subdivision 5, in 
 28.14  equal amounts to all candidates for each statewide office who 
 28.15  received at least five percent of the votes cast in the general 
 28.16  election for that office, and to all candidates for legislative 
 28.17  office who received at least ten percent of the votes cast in 
 28.18  the general election for the specific office for which they were 
 28.19  candidates, provided that the public subsidy under this 
 28.20  subdivision may not be paid in an amount that would cause the 
 28.21  sum of the public subsidy paid from the party account plus the 
 28.22  public subsidy paid from the general account and the public 
 28.23  subsidy paid to match independent expenditures to exceed 50 
 28.24  percent of the expenditure limit for the candidate, or 50 
 28.25  percent of the expenditure limit that would have applied to the 
 28.26  candidate if the candidate had not been freed from expenditure 
 28.27  limits under section 10A.25, subdivision 10.  If a candidate is 
 28.28  entitled to receive an opponent's share of the general account 
 28.29  public subsidy under section 10A.25, subdivision 10, the 
 28.30  opponent's share must be excluded in calculating the 50 percent 
 28.31  limit.  Money from the general account not paid to a candidate 
 28.32  because of the 50 percent limit must be distributed equally 
 28.33  among all other qualifying candidates for the same office until 
 28.34  all have reached the 50 percent limit or the balance in the 
 28.35  general account is exhausted.  The board shall not use the 
 28.36  information contained in the report of the principal campaign 
 29.1   committee of any candidate due ten days before the general 
 29.2   election for the purpose of reducing the amount due that 
 29.3   candidate from the general account If a candidate has not yet 
 29.4   filed a campaign finance report required by section 10A.20, 
 29.5   subdivision 2, or the candidate owes money to the board, the 
 29.6   board shall not pay a public subsidy to the candidate until the 
 29.7   report has been filed or the debt has been paid, whichever 
 29.8   applies. 
 29.9      Sec. 41.  Minnesota Statutes 1994, section 10A.31, 
 29.10  subdivision 11, is amended to read: 
 29.11     Subd. 11.  For the purposes of this section, a write-in 
 29.12  candidate is a candidate only upon complying with the provisions 
 29.13  of section 10A.322, subdivision 1 sections 10A.322 and 10A.323. 
 29.14     Sec. 42.  Minnesota Statutes 1994, section 10A.31, 
 29.15  subdivision 12, is amended to read: 
 29.16     Subd. 12.  [UNOPPOSED CANDIDATE NOT ELIGIBLE.] A candidate 
 29.17  who is unopposed in both the primary election and the general 
 29.18  election is not eligible to receive a public subsidy from the 
 29.19  state election campaign fund.  The subsidy from the party 
 29.20  account the candidate would otherwise have been eligible to 
 29.21  receive must be paid to the state committee of the candidate's 
 29.22  political party to be deposited in a special account under 
 29.23  section 10A.31, subdivision 5, clause (6), and used for only 
 29.24  those items permitted under section 10A.275.  
 29.25     Sec. 43.  Minnesota Statutes 1994, section 10A.315, is 
 29.26  amended to read: 
 29.27     10A.315 [SPECIAL ELECTION SUBSIDY.] 
 29.28     (a) Each eligible candidate for a legislative office in a 
 29.29  special election must be paid a public subsidy equal to the sum 
 29.30  of: 
 29.31     (1) the party account money at the last general election 
 29.32  for the candidate's party for the office the candidate is 
 29.33  seeking; and 
 29.34     (2) the general account money paid to candidates for the 
 29.35  same office at the last general election.  
 29.36     (b) If the filing period for the special election coincides 
 30.1   with the filing period for the general election, the candidate 
 30.2   must meet the matching requirements of section 10A.323 and the 
 30.3   special election subsidy must be distributed in the same manner 
 30.4   as money is distributed to legislative candidates in a general 
 30.5   election. 
 30.6      (c) If the filing period for the special election does not 
 30.7   coincide with the filing period for the general election, the 
 30.8   procedures in this paragraph apply.  A candidate who wishes to 
 30.9   receive this public subsidy must submit a signed agreement under 
 30.10  section 10A.322 to the board not later than the day after the 
 30.11  candidate files the affidavit of candidacy or nominating 
 30.12  petition for the office.  The candidate must meet one-quarter of 
 30.13  the matching requirements of section 10A.323.  The special 
 30.14  election subsidy must be distributed in the same manner as money 
 30.15  in the party and general accounts is distributed to legislative 
 30.16  candidates in a general election. 
 30.17     (d) The amount necessary to make the payments required by 
 30.18  this subdivision is appropriated from the general fund to the 
 30.19  state treasurer ethical practices board. 
 30.20     Sec. 44.  Minnesota Statutes 1994, section 10A.322, 
 30.21  subdivision 1, is amended to read: 
 30.22     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 30.23  condition of receiving a public subsidy, a candidate shall sign 
 30.24  and file with the board a written agreement in which the 
 30.25  candidate agrees that the candidate will comply with sections 
 30.26  10A.25 and 10A.324. 
 30.27     (b) Before the first day of filing for office, the board 
 30.28  shall forward agreement forms to all filing officers.  The board 
 30.29  shall also provide agreement forms to candidates on request at 
 30.30  any time.  The candidate may sign an agreement and submit it to 
 30.31  the filing officer on the day of filing an affidavit of 
 30.32  candidacy or petition to appear on the ballot, in which case the 
 30.33  filing officer shall without delay forward signed agreements to 
 30.34  the board.  Alternatively, the candidate may submit the 
 30.35  agreement directly to the board at any time before September 1 
 30.36  preceding the candidate's general election.  An agreement may 
 31.1   not be filed after that date.  An agreement once filed may not 
 31.2   be rescinded. 
 31.3      (c) The board shall forward a copy of any agreement signed 
 31.4   under this subdivision to the commissioner of revenue.  
 31.5      (d) Notwithstanding any provisions of this section, when a 
 31.6   vacancy occurs that will be filled by means of a special 
 31.7   election and the filing period does not coincide with the filing 
 31.8   period for the general election, a candidate may sign and submit 
 31.9   a spending limit agreement at any time before the deadline for 
 31.10  submission of a signed agreement under section 10A.315. 
 31.11     (e) A candidate who fills a vacancy in nomination that 
 31.12  occurs after the deadline in paragraph (b) may file a spending 
 31.13  limit agreement no later than the day after the candidate fills 
 31.14  the vacancy. 
 31.15     Sec. 45.  Minnesota Statutes 1994, section 10A.322, 
 31.16  subdivision 4, is amended to read: 
 31.17     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
 31.18  make available at cost to a political party on request, other 
 31.19  than a political party unit organized at the municipal or 
 31.20  precinct level, and to any candidate for whom an agreement under 
 31.21  this section is effective, a supply of official refund receipt 
 31.22  forms that state in boldface type that (1) a contributor who is 
 31.23  given a receipt form is eligible to claim a refund as provided 
 31.24  in section 290.06, subdivision 23, and (2) if the contribution 
 31.25  is to a candidate, that the candidate has signed an agreement to 
 31.26  limit campaign expenditures as provided in this section.  The 
 31.27  forms must provide duplicate copies of the receipt to be 
 31.28  attached to the contributor's claim.  A candidate who does not 
 31.29  sign an agreement under this section and who willfully issues an 
 31.30  official refund receipt form or a facsimile of one to any of the 
 31.31  candidate's contributors is guilty of a misdemeanor. 
 31.32     Sec. 46.  Minnesota Statutes 1994, section 10A.323, is 
 31.33  amended to read: 
 31.34     10A.323 [MATCHING REQUIREMENTS.] 
 31.35     In addition to the requirements of section 10A.322, to be 
 31.36  eligible to receive a public subsidy under section 10A.31 or 
 32.1   10A.312 a candidate or the candidate's treasurer shall file an 
 32.2   affidavit with the board stating that during that calendar year 
 32.3   the candidate has accumulated contributions from persons 
 32.4   eligible to vote in this state in the amount indicated for the 
 32.5   office sought, counting only the first $50 received from each 
 32.6   contributor: 
 32.7      (1) candidates for governor and lieutenant governor running 
 32.8   together, $35,000; 
 32.9      (2) candidates for attorney general, $15,000; 
 32.10     (3) candidates for secretary of state, state treasurer, and 
 32.11  state auditor, separately, $6,000; 
 32.12     (4) candidates for the senate, $3,000; and 
 32.13     (5) candidates for the house of representatives, $1,500. 
 32.14     To be eligible to receive a public matching subsidy under 
 32.15  section 10A.312, The affidavit must state the total amount of 
 32.16  contributions that have been received from persons eligible to 
 32.17  vote in this state and the total amount of those contributions 
 32.18  received, disregarding the portion of any contribution in excess 
 32.19  of $50.  
 32.20     The candidate or the candidate's treasurer shall submit the 
 32.21  affidavit required by this section to the board in writing by 
 32.22  September 1 of the general election year to receive the payment 
 32.23  based on the results of made following the primary election, by 
 32.24  September 15 to receive the payment made October 1, by October 1 
 32.25  to receive the payment made October 15, by November 1 to receive 
 32.26  the payment made November 15 following the general election, and 
 32.27  by December 1 to receive the payment made December 15.  
 32.28     Sec. 47.  Minnesota Statutes 1994, section 10A.324, 
 32.29  subdivision 1, is amended to read: 
 32.30     Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate shall 
 32.31  return all or a portion of the public subsidy received from the 
 32.32  state elections campaign fund or the public matching subsidy 
 32.33  received under section 10A.315, under the circumstances in this 
 32.34  section or section 10A.25, subdivision 11. 
 32.35     (a) To the extent that the amount of public subsidy 
 32.36  received by the candidate exceeds the expenditure limits for the 
 33.1   office held or sought, as provided in section 10A.25 and as 
 33.2   adjusted by section 10A.255, the treasurer of the candidate's 
 33.3   principal campaign committee shall return the excess to the 
 33.4   board. 
 33.5      (b) To the extent that the amount of public subsidy 
 33.6   received exceeds the aggregate of:  (1) actual expenditures made 
 33.7   by the principal campaign committee of the candidate; and (2) 
 33.8   approved expenditures made on behalf of the candidate, the 
 33.9   treasurer of the candidate's principal campaign committee shall 
 33.10  return an amount equal to the difference to the board. 
 33.11     (b) If the board determines that a candidate has filed an 
 33.12  affidavit of matching contributions under section 10A.323 that 
 33.13  is not supported by the campaign finance reports filed by the 
 33.14  candidate under section 10A.20, the board shall notify the 
 33.15  treasurer of the candidate's principal campaign committee and 
 33.16  demand return of any public subsidy paid to the candidate for 
 33.17  that election cycle.  The treasurer shall return the entire 
 33.18  public subsidy to the board. 
 33.19     Sec. 48.  Minnesota Statutes 1994, section 10A.335, is 
 33.20  amended to read: 
 33.21     10A.335 [LEGISLATIVE MONITORING OF TAX CHECKOFF.] 
 33.22     For the purpose of determining whether the distribution 
 33.23  formula provided in section 10A.31, subdivision 5, (a) assures 
 33.24  that money will be returned to the counties from which they were 
 33.25  collected, and (b) continues to have a rational relation to the 
 33.26  support for particular parties or particular candidates within 
 33.27  legislative districts, it is the intention of this section that 
 33.28  future legislatures monitor, using statistical data provided by 
 33.29  the department of revenue, income tax returns and renter and 
 33.30  homeowner property tax refund returns on which $2, or in the 
 33.31  case of a joint return, $4, is designated an amount has been 
 33.32  checked off for a political party. 
 33.33     Sec. 49.  Minnesota Statutes 1994, section 10A.34, is 
 33.34  amended to read: 
 33.35     10A.34 [REMEDIES.] 
 33.36     Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
 34.1   a duty under sections 10A.02 to 10A.34 this chapter shall be 
 34.2   personally liable for the penalty for failing to discharge it. 
 34.3      Subd. 1a.  [RECOVERY OF MONEY.] The board may bring an 
 34.4   action in the district court in Ramsey county to recover any 
 34.5   late filing fee imposed or public subsidy paid pursuant to any 
 34.6   provision of this chapter.  All money recovered shall be 
 34.7   deposited in the general fund of the state. 
 34.8      Subd. 2.  [INJUNCTION.] The board or a county attorney may 
 34.9   seek an injunction in the district court to enforce the 
 34.10  provisions of sections 10A.02 to 10A.34 this chapter. 
 34.11     Subd. 3.  [CIVIL PENALTY.] Unless otherwise provided, a 
 34.12  violation of sections 10A.02 to 10A.34 this chapter is not a 
 34.13  crime, but is subject to a civil penalty imposed by the board in 
 34.14  an amount up to $1,000. 
 34.15     Subd. 4.  [AWARD OF COSTS.] If the board prevails in an 
 34.16  action to enforce this chapter, the board may request and the 
 34.17  court may award to the board its costs, disbursements, 
 34.18  reasonable attorney fees, and witness fees. 
 34.19     Sec. 50.  Minnesota Statutes 1994, section 211A.12, is 
 34.20  amended to read: 
 34.21     211A.12 [CONTRIBUTION LIMITS.] 
 34.22     A candidate or a candidate's committee may not accept 
 34.23  aggregate contributions made or delivered by an individual or 
 34.24  committee in excess of $300 in an election year for the office 
 34.25  sought and $100 in other years; except that a candidate or 
 34.26  candidate's committee for an office whose territory has a 
 34.27  population over 100,000 may not accept aggregate contributions 
 34.28  made or delivered by an individual or committee in excess of 
 34.29  $500 in an election year for the office sought and $100 in other 
 34.30  years.  The following deliveries are not subject to the bundling 
 34.31  limitation in this section: 
 34.32     (1) delivery of contributions collected by a member of the 
 34.33  candidate's committee, such as a block worker or a volunteer who 
 34.34  hosts a fund raising event, to the committee's treasurer; and 
 34.35     (2) a delivery made by an individual on behalf of the 
 34.36  individual's spouse. 
 35.1      Notwithstanding sections 211A.02, subdivision 3, and 
 35.2   410.21, this section supersedes any home rule charter. 
 35.3      Sec. 51.  Minnesota Statutes 1994, section 211B.15, 
 35.4   subdivision 2, is amended to read: 
 35.5      Subd. 2.  [PROHIBITED CONTRIBUTIONS.] A corporation may not 
 35.6   make a contribution or offer or agree to make a contribution, 
 35.7   directly or indirectly, of any money, property, free service of 
 35.8   its officers, or employees, or members, or thing of monetary 
 35.9   value to a major political party, organization, committee, or 
 35.10  individual to promote or defeat the candidacy of an individual 
 35.11  for nomination, election, or appointment to a political office.  
 35.12  For the purpose of this subdivision, "contribution" includes an 
 35.13  expenditure to promote or defeat the election or nomination of a 
 35.14  candidate to a political office that is made with the 
 35.15  authorization or expressed or implied consent of, or in 
 35.16  cooperation or in concert with, or at the request or suggestion 
 35.17  of, a candidate or committee established to support or oppose a 
 35.18  candidate.  
 35.19     Sec. 52.  Minnesota Statutes 1994, section 211B.15, 
 35.20  subdivision 15, is amended to read: 
 35.21     Subd. 15.  [NONPROFIT CORPORATION EXEMPTION.] The 
 35.22  prohibitions in this section do not apply to a nonprofit 
 35.23  corporation that: 
 35.24     (1) cannot engage in is not organized or operating for the 
 35.25  principal purpose of conducting a business activities; 
 35.26     (2) has no shareholders or other persons affiliated so as 
 35.27  to have a claim on its assets or earnings; and 
 35.28     (3) was not established by a business corporation or a 
 35.29  labor union and has a policy not to accept significant 
 35.30  contributions from those entities. 
 35.31     Sec. 53.  Minnesota Statutes 1994, section 211B.15, 
 35.32  subdivision 16, is amended to read: 
 35.33     Subd. 16.  [EMPLOYEE POLITICAL FUND SOLICITATION.] Any 
 35.34  solicitation of political contributions by an employee must be 
 35.35  in writing, informational and nonpartisan in nature, and not 
 35.36  promotional for any particular candidate or group of 
 36.1   candidates.  The solicitation must consist only of a general 
 36.2   request on behalf of an independent political committee (a 
 36.3   conduit fund) program that makes contributions to candidates 
 36.4   only as directed by its individual contributors and must state 
 36.5   that there is no minimum contribution, that a contribution or 
 36.6   lack thereof will in no way impact the employee's employment, 
 36.7   that the employee must direct the contribution to candidates of 
 36.8   the employee's choice, and that any response by the employee 
 36.9   shall remain confidential and shall not be directed to the 
 36.10  employee's supervisors or managers.  Questions from an employee 
 36.11  regarding a solicitation may be answered orally or in writing 
 36.12  consistent with the above requirements.  Nothing in this 
 36.13  subdivision authorizes a corporate donation of an employee's 
 36.14  time prohibited under subdivision 2.  
 36.15     Sec. 54.  Minnesota Statutes 1994, section 290.06, 
 36.16  subdivision 23, is amended to read: 
 36.17     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 36.18  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 36.19  amount of the taxpayer's contributions made in the calendar year 
 36.20  to candidates and to any political party.  The maximum refund 
 36.21  for an individual must not exceed $50 and, for a married couple 
 36.22  filing jointly, must not exceed $100.  A refund of a 
 36.23  contribution is allowed only if the taxpayer files a form 
 36.24  required by the commissioner and attaches to the form a copy of 
 36.25  an official refund receipt form issued by the candidate or party 
 36.26  and signed by the candidate, the treasurer of the candidate's 
 36.27  principal campaign committee, or the party chair or treasurer, 
 36.28  after the contribution was received.  The receipt forms must be 
 36.29  numbered, and the data on the receipt that are not public must 
 36.30  be made available to the ethical practices board upon its 
 36.31  request.  A claim must be filed with the commissioner not sooner 
 36.32  than January 1 of the calendar year in which the contribution is 
 36.33  made and no later than April 15 of the calendar year following 
 36.34  the calendar year in which the contribution is made.  A taxpayer 
 36.35  may file only one claim per calendar year.  Amounts paid by the 
 36.36  commissioner after June 15 of the calendar year following the 
 37.1   calendar year in which the contribution is made must include 
 37.2   interest at the rate specified in section 270.76. 
 37.3      (b) No refund is allowed under this subdivision for a 
 37.4   contribution to any candidate unless the candidate: 
 37.5      (1) has signed an agreement to limit campaign expenditures 
 37.6   as provided in section 10A.322 or 10A.43; 
 37.7      (2) is seeking an office for which voluntary spending 
 37.8   limits are specified in section 10A.25 or 10A.43; and 
 37.9      (3) has designated a principal campaign committee.  
 37.10     This subdivision does not limit the campaign expenditure of 
 37.11  a candidate who does not sign an agreement but accepts a 
 37.12  contribution for which the contributor improperly claims a 
 37.13  refund.  
 37.14     (c) For purposes of this subdivision, "political party" 
 37.15  means a major political party as defined in section 200.02, 
 37.16  subdivision 7, or a minor political party qualifying for 
 37.17  inclusion on the income tax or property tax refund form under 
 37.18  section 10A.31, subdivision 3a.  
 37.19     A "major or minor party" includes the aggregate of the 
 37.20  party organization within each house of the legislature, the 
 37.21  state party organization, and the party organization within 
 37.22  congressional districts, counties, legislative districts, 
 37.23  municipalities, and precincts.  
 37.24     "Candidate" means a congressional candidate as defined in 
 37.25  section 10A.41, subdivision 4, or a candidate as defined in 
 37.26  section 10A.01, subdivision 5, except a candidate for judicial 
 37.27  office.  
 37.28     "Contribution" means a gift of money. 
 37.29     (d) The commissioner shall make copies of the form 
 37.30  available to the public and candidates upon request. 
 37.31     (e) The following data collected or maintained by the 
 37.32  commissioner under this subdivision are private:  the identities 
 37.33  of individuals claiming a refund, the identities of candidates 
 37.34  to whom those individuals have made contributions, and the 
 37.35  amount of each contribution.  
 37.36     (f) The commissioner shall report to the ethical practices 
 38.1   board by August 1 of each year a summary showing the total 
 38.2   number and aggregate amount of political contribution refunds 
 38.3   made on behalf of each candidate and each political party.  
 38.4   These data are public. 
 38.5      (g) The amount necessary to pay claims for the refund 
 38.6   provided in this section is appropriated from the general fund 
 38.7   to the commissioner of revenue. 
 38.8      Sec. 55.  [ERRONEOUS PAYMENTS RATIFIED.] 
 38.9      Payments made by the state treasurer in 1990 under 
 38.10  Minnesota Statutes, section 10A.31, subdivision 6, are ratified, 
 38.11  notwithstanding any errors of the commissioner of revenue in 
 38.12  certifying the amounts due. 
 38.13     Sec. 56.  [REPEALER.] 
 38.14     Minnesota Statutes 1994, sections 10A.09, subdivision 3; 
 38.15  10A.21, subdivisions 1 and 2; and 10A.324, subdivisions 2 and 4, 
 38.16  are repealed. 
 38.17     Sec. 57.  [EFFECTIVE DATE.] 
 38.18     This act is effective the day following final enactment.