SF 45

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to ethics in government; clarifying and 
  1.3             simplifying the law related to lobbyist registration, 
  1.4             conflicts of interest, and campaign finance; 
  1.5             eliminating invalid provisions; amending Minnesota 
  1.6             Statutes 1996, sections 10A.01; 10A.02; 10A.03; 
  1.7             10A.04; 10A.05; 10A.065, subdivisions 1 and 3; 10A.08; 
  1.8             10A.09; 10A.10; 10A.11; 10A.12; 10A.13; 10A.14; 
  1.9             10A.15; 10A.17; 10A.18; 10A.19; 10A.20; 10A.21, 
  1.10            subdivision 3; 10A.22; 10A.23; 10A.24; 10A.241; 
  1.11            10A.25; 10A.255, subdivision 1; 10A.265; 10A.27; 
  1.12            10A.275, subdivision 1; 10A.28; 10A.29; 10A.30, 
  1.13            subdivision 1; 10A.31; 10A.315; 10A.321; 10A.322; 
  1.14            10A.323; 10A.324, subdivisions 1 and 3; 10A.34; and 
  1.15            290.06, subdivision 23; Laws 1996, chapter 419, 
  1.16            section 10; repealing Minnesota Statutes 1996, 
  1.17            sections 10A.065, subdivision 5; 10A.255, subdivision 
  1.18            2; 10A.275, subdivisions 2 and 3; 10A.324, 
  1.19            subdivisions 2 and 4; 10A.325; 10A.335; 10A.40; 
  1.20            10A.41; 10A.42; 10A.43; 10A.44; 10A.45; 10A.46; 
  1.21            10A.47; 10A.48; 10A.49; 10A.50; and 10A.51. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 1996, section 10A.01, is 
  1.24  amended to read: 
  1.25     10A.01 [DEFINITIONS.] 
  1.26     Subdivision 1.  [SCOPE.] For the purposes of sections 
  1.27  10A.01 to 10A.34, the terms defined in this section have the 
  1.28  meanings given them unless the context clearly indicates 
  1.29  otherwise. 
  1.30     Subd. 2.  [ADMINISTRATIVE ACTION.] "Administrative action" 
  1.31  means an action by any official, board, commission or agency of 
  1.32  the executive branch to adopt, amend, or repeal a rule pursuant 
  1.33  to under chapter 14.  "Administrative action" does not include 
  2.1   the application or administration of an adopted rule, except in 
  2.2   cases of rate setting, power plant and powerline siting, and 
  2.3   granting of certificates of need under chapter 116J.  
  2.4      Subd. 3.  [ASSOCIATION.] "Association" means business, 
  2.5   corporation, firm, partnership, committee, labor organization, 
  2.6   club, or any other a group of two or more persons, which 
  2.7   includes more than who are not all members of an immediate 
  2.8   family, acting in concert. 
  2.9      Subd. 4.  [ASSOCIATED BUSINESS.] "Associated business" 
  2.10  means any an association in connection with which the individual 
  2.11  is compensated in excess of $50, except for actual and 
  2.12  reasonable expenses, in any month as a director, officer, owner, 
  2.13  member, partner, employer or employee, or is a holder of 
  2.14  securities worth $2,500 or more at fair market value. 
  2.15     Subd. 5.  [CANDIDATE.] "Candidate" means an individual who 
  2.16  seeks nomination or election to any statewide or legislative 
  2.17  office for which reporting is not required under federal laws.  
  2.18  The term candidate shall also include an individual who seeks 
  2.19  nomination or election to supreme court, court of appeals, or 
  2.20  district court judgeships of the as a state constitutional 
  2.21  officer, legislator, or judge.  An individual shall be is deemed 
  2.22  to seek nomination or election if the individual has taken the 
  2.23  action necessary under the law of the this state of Minnesota to 
  2.24  qualify for nomination or election, has received contributions 
  2.25  or made expenditures in excess of $100, or has given implicit or 
  2.26  explicit consent for any other person to receive contributions 
  2.27  or make expenditures in excess of $100, for the purpose of 
  2.28  bringing about the individual's nomination or election.  A 
  2.29  candidate remains a candidate until the candidate's principal 
  2.30  campaign committee is dissolved as provided in section 10A.24. 
  2.31     Subd. 6.  [BOARD.] "Board" means the state ethical 
  2.32  practices board. 
  2.33     Subd. 7.  [CONTRIBUTION.] (a) "Contribution" means a 
  2.34  transfer of funds money, a negotiable instrument, or a donation 
  2.35  in kind that is given to a political committee, political fund, 
  2.36  or principal campaign committee. 
  3.1      (b) "Contribution" includes any a loan or advance of credit 
  3.2   to a political committee, political fund, or principal campaign 
  3.3   committee, which if the loan or advance of credit is (a):  (1) 
  3.4   forgiven,; or (b) paid (2) repaid by an individual or an 
  3.5   association other than the political committee, political fund, 
  3.6   or principal campaign committee to which the loan or advance of 
  3.7   credit is was made.  If an advance of credit or a loan is 
  3.8   forgiven or paid repaid as provided in this subdivision 
  3.9   paragraph, it is a contribution in the year in which the loan or 
  3.10  advance of credit is was made. 
  3.11     A contribution made for the purpose of defeating a 
  3.12  candidate is considered made for the purpose of influencing the 
  3.13  nomination or election of that candidate or any opponent of that 
  3.14  candidate. 
  3.15     (c) "Contribution" does not include services provided 
  3.16  without compensation by an individual volunteering personal time 
  3.17  on behalf of a candidate, ballot question, political committee 
  3.18  or political fund, or the publishing or broadcasting of news 
  3.19  items or editorial comments by the news media. 
  3.20     Subd. 7a. [TRANSFER OF FUNDS.] "Transfer of funds" or 
  3.21  "transfer" means money or negotiable instruments given by an 
  3.22  individual or association to a political committee, political 
  3.23  fund, or principal campaign committee for the purpose of 
  3.24  influencing the nomination or election of a candidate or for the 
  3.25  purpose of promoting or defeating a ballot question. 
  3.26     Subd. 7b.  [DONATION IN KIND.] "Donation in kind" means 
  3.27  anything of value that is given, other than money or negotiable 
  3.28  instruments given by an individual or association to a political 
  3.29  committee, political fund, or principal campaign committee for 
  3.30  the purpose of influencing the nomination or election of a 
  3.31  candidate or for the purpose of promoting or defeating a ballot 
  3.32  question.  Donation in kind includes An approved expenditure is 
  3.33  a donation in kind. 
  3.34     Subd. 8.  [DEPOSITORY.] "Depository" means any a bank, 
  3.35  savings association, or credit union, organized under federal or 
  3.36  state law and transacting business within Minnesota this state. 
  4.1      Subd. 9.  [ELECTION.] "Election" means a primary, special 
  4.2   primary, general, or special election. 
  4.3      Subd. 9a.  [ELECTION CYCLE.] "Election cycle" means the 
  4.4   period from January 1 following a general election for an office 
  4.5   to December 31 following the next general election for that 
  4.6   office, except that "election cycle" for a special election 
  4.7   means the period from the date the special election writ is 
  4.8   issued to 60 days after the special election is held. 
  4.9      Subd. 10.  [CAMPAIGN EXPENDITURE.] "Campaign expenditure" 
  4.10  or "expenditure" means a purchase or payment of money or 
  4.11  anything of value, or an advance of credit, made or incurred for 
  4.12  the purpose of influencing the nomination or election of a 
  4.13  candidate or for the purpose of promoting or defeating a ballot 
  4.14  question. 
  4.15     An expenditure is considered to be made in the year in 
  4.16  which the candidate made the purchase of goods or services or 
  4.17  incurred an obligation to pay for goods or services. 
  4.18     An expenditure made for the purpose of defeating a 
  4.19  candidate is considered made for the purpose of influencing the 
  4.20  nomination or election of that candidate or any opponent of that 
  4.21  candidate. 
  4.22     Except as provided in clause (a) (1), "expenditure" 
  4.23  includes the dollar value of a donation in kind. 
  4.24     "Expenditure" does not include: 
  4.25     (a) (1) noncampaign disbursements as defined in subdivision 
  4.26  10c; 
  4.27     (b) Transfers as defined in subdivision 7a; 
  4.28     (c) (2) services provided without compensation by an 
  4.29  individual volunteering personal time on behalf of a candidate, 
  4.30  ballot question, political committee, or political fund; or 
  4.31     (d) (3) the publishing or broadcasting of news items or 
  4.32  editorial comments by the news media. 
  4.33     Subd. 10a.  [APPROVED EXPENDITURE.] "Approved expenditure" 
  4.34  means an expenditure made on behalf of a candidate by an entity 
  4.35  other than the principal campaign committee of that the 
  4.36  candidate, which if the expenditure is made with the 
  5.1   authorization or expressed or implied consent of, or in 
  5.2   cooperation or in concert with, or at the request or suggestion 
  5.3   of that the candidate, the candidate's principal campaign 
  5.4   committee, or the candidate's agent.  An approved expenditure is 
  5.5   a contribution to that candidate. 
  5.6      Subd. 10b.  [INDEPENDENT EXPENDITURE.] "Independent 
  5.7   expenditure" means an expenditure expressly advocating the 
  5.8   election or defeat of a clearly identified candidate, which if 
  5.9   the expenditure is made without the express or implied consent, 
  5.10  authorization, or cooperation of, and not in concert with or at 
  5.11  the request or suggestion of, any candidate or any candidate's 
  5.12  principal campaign committee or agent.  An independent 
  5.13  expenditure is not a contribution to that candidate.  An 
  5.14  expenditure by a political party or political party unit, as 
  5.15  defined in section 10A.275, subdivision 3, in a race where the 
  5.16  political party has a candidate on the ballot is not an 
  5.17  independent expenditure. 
  5.18     Subd. 10c.  [NONCAMPAIGN DISBURSEMENT.] "Noncampaign 
  5.19  disbursement" means a purchase or payment of money or anything 
  5.20  of value made, or an advance of credit incurred, or a donation 
  5.21  in kind received, by a political committee, political fund, or 
  5.22  principal campaign committee for any of the following purposes: 
  5.23     (a) (1) payment for accounting and legal services; 
  5.24     (b) (2) return of a contribution to the source; 
  5.25     (c) (3) repayment of a loan made to the political 
  5.26  committee, political fund, or principal campaign committee by 
  5.27  that committee or fund; 
  5.28     (d) (4) return of a public subsidy; 
  5.29     (e) (5) payment for food, beverages, entertainment, and 
  5.30  facility rental for a fundraising event; 
  5.31     (f) (6) services for a constituent by a member of the 
  5.32  legislature or a constitutional officer in the executive branch, 
  5.33  performed from the beginning of the term of office to 
  5.34  adjournment sine die of the legislature in the election year for 
  5.35  the office held, and half the cost of services for a constituent 
  5.36  by a member of the legislature or a constitutional officer in 
  6.1   the executive branch performed from adjournment sine die to 60 
  6.2   days after adjournment sine die; 
  6.3      (g) a donation in kind given to the political committee, 
  6.4   political fund, or principal campaign committee for purposes 
  6.5   listed in clauses (e) and (f); 
  6.6      (h) (7) payment for food and beverages provided to campaign 
  6.7   volunteers while they are engaged in campaign activities; 
  6.8      (i) (8) payment of expenses incurred by elected or 
  6.9   appointed leaders of a legislative caucus in carrying out their 
  6.10  leadership responsibilities; 
  6.11     (j) (9) payment by a principal campaign committee of the 
  6.12  candidate's expenses for serving in public office, other than 
  6.13  for personal uses; 
  6.14     (k) (10) costs of child care for the candidate's children 
  6.15  when campaigning; 
  6.16     (l) (11) fees paid to attend a campaign school; 
  6.17     (m) (12) costs of a postelection party during the election 
  6.18  year when a candidate's name will no longer appear on a ballot 
  6.19  or the general election is concluded, whichever occurs first; 
  6.20     (n) (13) interest on loans paid by a principal campaign 
  6.21  committee on outstanding loans; 
  6.22     (o) (14) filing fees; 
  6.23     (p) (15) post-general election thank-you notes or 
  6.24  advertisements in the news media; 
  6.25     (q) (16) the cost of campaign material purchased to replace 
  6.26  defective campaign material, if the defective material is 
  6.27  destroyed without being used; 
  6.28     (r) transfers (17) contributions to a party unit as defined 
  6.29  in section 10A.275, subdivision 3; and 
  6.30     (s) (18) other purchases or payments specified in board 
  6.31  rules or advisory opinions as being for any purpose other than 
  6.32  to influence the nomination or election of a candidate or to 
  6.33  promote or defeat a ballot question. 
  6.34     The board shall determine whether an activity involves a 
  6.35  noncampaign disbursement within the meaning of this subdivision. 
  6.36     Subd. 11.  [LOBBYIST.] (a) "Lobbyist" means an individual: 
  7.1      (1) engaged for pay or other consideration, or authorized 
  7.2   to spend money by another individual, association, political 
  7.3   subdivision, or public higher education system, who spends more 
  7.4   than five hours in any month or more than $250, not including 
  7.5   the individual's own travel expenses and membership dues, in any 
  7.6   year, for the purpose of attempting to influence legislative or 
  7.7   administrative action, or the official action of a metropolitan 
  7.8   governmental unit, by communicating or urging others to 
  7.9   communicate with public or local officials; or 
  7.10     (2) who spends more than $250, not including the 
  7.11  individual's own traveling expenses and membership dues, in any 
  7.12  year for the purpose of attempting to influence legislative or 
  7.13  administrative action, or the official action of a metropolitan 
  7.14  governmental unit, by communicating or urging others to 
  7.15  communicate with public or local officials. 
  7.16     (b) "Lobbyist" does not include: 
  7.17     (1) a public official; 
  7.18     (2) an employee of the state, including an employee of any 
  7.19  of the public higher education systems; 
  7.20     (3) an elected local official; 
  7.21     (4) a nonelected local official or an employee of a 
  7.22  political subdivision acting in an official capacity, unless the 
  7.23  nonelected official or employee of a political subdivision 
  7.24  spends more than 50 hours in any month attempting to influence 
  7.25  legislative or administrative action, or the official action of 
  7.26  a metropolitan governmental unit other than the political 
  7.27  subdivision employing the official or employee, by communicating 
  7.28  or urging others to communicate with public or local officials, 
  7.29  including time spent monitoring legislative or administrative 
  7.30  action, or the official action of a metropolitan governmental 
  7.31  unit, and related research, analysis, and compilation and 
  7.32  dissemination of information relating to legislative or 
  7.33  administrative policy in this state, or to the policies of 
  7.34  metropolitan governmental units; 
  7.35     (5) a party or the party's representative appearing in a 
  7.36  proceeding before a state board, commission, or agency of the 
  8.1   executive branch unless the board, commission, or agency is 
  8.2   taking administrative action; 
  8.3      (6) an individual while engaged in selling goods or 
  8.4   services to be paid for by public funds; 
  8.5      (7) a news medium or its employees or agents while engaged 
  8.6   in the publishing or broadcasting of news items, editorial 
  8.7   comments, or paid advertisements which directly or indirectly 
  8.8   urge official action; 
  8.9      (8) a paid expert witness whose testimony is requested by 
  8.10  the body before which the witness is appearing, but only to the 
  8.11  extent of preparing or delivering testimony; or 
  8.12     (9) a stockholder of a family farm corporation as defined 
  8.13  in section 500.24, subdivision 2, who does not spend over $250, 
  8.14  excluding the stockholder's own travel expenses, in any year in 
  8.15  communicating with public officials; or 
  8.16     (10) a party or the party's representative appearing to 
  8.17  present a claim to the legislature and communicating to 
  8.18  legislators only by the filing of a claim form and supporting 
  8.19  documents and by appearing at public hearings on the claim. 
  8.20     Subd. 12.  [MAJOR POLITICAL PARTY.] "Major political party" 
  8.21  means a major political party as defined in section 200.02, 
  8.22  subdivision 7. 
  8.23     Subd. 13.  [MINOR POLITICAL PARTY.] "Minor political party" 
  8.24  means any party other than a major a minor political party: as 
  8.25  defined in section 200.02, subdivision 22. 
  8.26     (a) Under whose name in the last applicable general 
  8.27  election a candidate filed for legislative office and received 
  8.28  not less than ten percent of the vote for that office, or filed 
  8.29  for statewide office; or 
  8.30     (b) Which files a petition with the secretary of state 
  8.31  containing the names of 2,000 individuals registered to vote in 
  8.32  Minnesota and declaring that the signers desire that the party 
  8.33  be eligible to receive money from the state elections campaign 
  8.34  fund in the same manner as a major political party. 
  8.35     For the purposes of this chapter, all individuals who are 
  8.36  eligible to vote in areas where there is no permanent system of 
  9.1   registration shall be considered registered voters. 
  9.2      Subd. 15.  [POLITICAL COMMITTEE.] "Political committee" 
  9.3   means any an association as defined in subdivision 3 whose major 
  9.4   purpose is to influence the nomination or election of a 
  9.5   candidate or to promote or defeat a ballot question. 
  9.6      "Political committee" includes a major political party as 
  9.7   defined in subdivision 12, a minor political party as defined in 
  9.8   subdivision 13 or political party unit, and any a principal 
  9.9   campaign committee formed pursuant to under section 10A.19. 
  9.10     Subd. 16.  [POLITICAL FUND.] "Political fund" means any an 
  9.11  accumulation of dues or voluntary contributions by an 
  9.12  association other than a political committee, which if the 
  9.13  accumulation is collected or expended for the purpose of 
  9.14  influencing to influence the nomination or election of a 
  9.15  candidate or for the purpose of promoting to promote or 
  9.16  defeating defeat a ballot question. 
  9.17     Subd. 17.  [POLITICAL PARTY.] "Political party" means 
  9.18  either a major political party or a minor political party.  A 
  9.19  political party is the aggregate of all its political party 
  9.20  units in this state.  
  9.21     Subd. 17a.  [POLITICAL PARTY UNIT.] "Political party unit" 
  9.22  or "party unit" means the state party organization; the party 
  9.23  organization within each house of the legislature; or the party 
  9.24  organization within a congressional district, county, 
  9.25  legislative district, municipality, or precinct. 
  9.26     Subd. 18.  [PUBLIC OFFICIAL.] "Public official" means any: 
  9.27     (a) (1) member of the legislature; 
  9.28     (2) individual employed by the legislature as secretary of 
  9.29  the senate, legislative auditor, chief clerk of the house, 
  9.30  revisor of statutes, or researcher, legislative analyst, or 
  9.31  attorney in the office of senate counsel and research or house 
  9.32  research; 
  9.33     (b) (3) constitutional officer in the executive branch and 
  9.34  the officer's chief administrative deputy; 
  9.35     (c) member, chief administrative officer or deputy chief 
  9.36  administrative officer of a state board or commission which has 
 10.1   at least one of the following powers:  (i) the power to adopt, 
 10.2   amend or repeal rules, or (ii) the power to adjudicate contested 
 10.3   cases or appeals; 
 10.4      (4) solicitor general or deputy, assistant, or special 
 10.5   assistant attorney general; 
 10.6      (d) (5) commissioner, deputy commissioner, or assistant 
 10.7   commissioner of any state department as designated pursuant to 
 10.8   section 15.01; 
 10.9      (6) member, chief administrative officer, or deputy chief 
 10.10  administrative officer of a state board or commission that has 
 10.11  either the power to adopt, amend, or repeal rules, or the power 
 10.12  to adjudicate contested cases or appeals; 
 10.13     (e) (7) individual employed in the executive branch who is 
 10.14  authorized to adopt, amend, or repeal rules or adjudicate 
 10.15  contested cases; 
 10.16     (f) (8) executive director of the state board of 
 10.17  investment; 
 10.18     (g) (9) executive director of the Indian affairs 
 10.19  intertribal board; 
 10.20     (h) (10) commissioner of the iron range resources and 
 10.21  rehabilitation board; 
 10.22     (i) (11) commissioner of mediation services; 
 10.23     (j) (12) deputy of any official listed in clauses (e) (7) 
 10.24  to (i) (11); 
 10.25     (k) (13) judge of the workers' compensation court of 
 10.26  appeals; 
 10.27     (l) (14) administrative law judge or compensation judge in 
 10.28  the state office of administrative hearings or referee in the 
 10.29  department of economic security; 
 10.30     (m) solicitor general or deputy, assistant or special 
 10.31  assistant attorney general; 
 10.32     (n) individual employed by the legislature as secretary of 
 10.33  the senate, legislative auditor, chief clerk of the house, 
 10.34  revisor of statutes, or researcher, legislative analyst, or 
 10.35  attorney in the office of senate counsel and research or house 
 10.36  research; 
 11.1      (o) (15) member, regional administrator, division director, 
 11.2   general counsel, or operations manager of the metropolitan 
 11.3   council; 
 11.4      (16) member or chief administrator of a metropolitan 
 11.5   agency; 
 11.6      (p) (17) the director of the racing commission, the 
 11.7   director of the gambling control board, the director of the 
 11.8   state lottery, and the or deputy director of the state lottery; 
 11.9      (q) (18) director of the division of gambling enforcement 
 11.10  in the department of public safety; 
 11.11     (r) (19) member or executive director of the higher 
 11.12  education facilities authority; 
 11.13     (s) (20) member of the board of directors or president of 
 11.14  the Minnesota world trade center corporation; or 
 11.15     (t) member or chief administrator of a metropolitan agency 
 11.16  Minnesota Technology, Inc.; or 
 11.17     (21) member of the board of directors or executive director 
 11.18  of the Minnesota state high school league. 
 11.19     Subd. 19.  [OFFICE HOLDER.] "Office holder" means an 
 11.20  individual who holds any statewide or legislative office, except 
 11.21  a federal office for which candidates are required to report 
 11.22  under federal laws, state supreme court justice, and judges of 
 11.23  the court of appeals, district court, county court, or county 
 11.24  municipal court. 
 11.25     Subd. 20.  [ADVANCE OF CREDIT.] "Advance of credit" means 
 11.26  any money owed for goods provided or services rendered.  An 
 11.27  advance of credit is an expenditure or a noncampaign 
 11.28  disbursement in the year in which the goods or services are used 
 11.29  or consumed.  "Advance of credit" does not mean a loan as 
 11.30  defined in subdivision 21. 
 11.31     Subd. 21.  [LOAN.] "Loan" means an advance of money or 
 11.32  anything of value made to a political committee, political fund, 
 11.33  or principal campaign committee. 
 11.34     Subd. 22.  [FINANCIAL INSTITUTION.] "Financial institution" 
 11.35  means a lending institution chartered by an agency of the 
 11.36  federal government or regulated by the commissioner of commerce. 
 12.1      Subd. 23.  [BALLOT QUESTION.] "Ballot question" means a 
 12.2   question or proposition which that is placed on the ballot and 
 12.3   which that may be voted on by all voters of the state.  
 12.4   "Promoting or defeating a ballot question" includes activities 
 12.5   related to qualifying the question for placement on the ballot.  
 12.6      Subd. 24.  [STATE COMMITTEE.] "State committee" means the 
 12.7   organization which that, by virtue of the bylaws of a political 
 12.8   party, is responsible for the day-to-day operation of the 
 12.9   political party at the state level.  
 12.10     Subd. 25.  [LOCAL OFFICIAL.] "Local official" means a 
 12.11  person who holds elective office in a political subdivision or 
 12.12  who is appointed to or employed in a public position in a 
 12.13  political subdivision in which the person has authority to make, 
 12.14  to recommend, or to vote on as a member of the governing body, 
 12.15  major decisions regarding the expenditure or investment of 
 12.16  public money. 
 12.17     Subd. 26.  [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 
 12.18  governmental unit" means any of the seven counties in the 
 12.19  metropolitan area as defined in section 473.121, subdivision 2, 
 12.20  a regional railroad authority established by one or more of 
 12.21  those counties under section 398A.03, a city with a population 
 12.22  of over 50,000 located in the seven-county metropolitan area, 
 12.23  the metropolitan council, or a metropolitan agency as defined in 
 12.24  section 473.121, subdivision 5a, the Minnesota state high school 
 12.25  league, and Minnesota Technology, Inc. 
 12.26     Subd. 27.  [POLITICAL SUBDIVISION.] "Political subdivision" 
 12.27  means the metropolitan council, a metropolitan agency as defined 
 12.28  in section 473.121, subdivision 5a, or a municipality as defined 
 12.29  in section 471.345, subdivision 1, the Minnesota state high 
 12.30  school league, and Minnesota Technology, Inc. 
 12.31     Subd. 28.  [PRINCIPAL.] "Principal" means an individual or 
 12.32  association that:  
 12.33     (1) spends more than $500 in the aggregate in any calendar 
 12.34  year to engage a lobbyist, compensate a lobbyist, or authorize 
 12.35  the expenditure of money by a lobbyist; or 
 12.36     (2) is not included in clause (1) and spends a total of at 
 13.1   least $50,000 in any calendar year on efforts to influence 
 13.2   legislative action, administrative action, or the official 
 13.3   action of metropolitan governmental units, as described in 
 13.4   section 10A.04, subdivision 6.  
 13.5      Subd. 29.  [POPULATION.] "Population" means the population 
 13.6   established by the most recent federal census, by a special 
 13.7   census taken by the United States Bureau of the Census, by an 
 13.8   estimate made by the metropolitan council, or by an estimate 
 13.9   made by the state demographer under section 4A.02, whichever has 
 13.10  the latest stated date of count or estimate. 
 13.11     Sec. 2.  Minnesota Statutes 1996, section 10A.02, is 
 13.12  amended to read: 
 13.13     10A.02 [BOARD OF ETHICAL PRACTICES BOARD.] 
 13.14     Subdivision 1.  [COMPOSITION.] There is hereby created a 
 13.15  state ethical practices board composed of six members.  The 
 13.16  members shall be appointed by The governor shall appoint the 
 13.17  members with the advice and consent of three-fifths of both the 
 13.18  senate and the house of representatives acting separately.  If 
 13.19  either house fails to confirm the appointment of a board member 
 13.20  within 45 legislative days after appointment or by adjournment 
 13.21  sine die, whichever occurs first, the appointment shall 
 13.22  terminate on the day following the 45th legislative day or on 
 13.23  adjournment sine die, whichever occurs first.  If either house 
 13.24  votes not to confirm an appointment, the appointment terminates 
 13.25  on the day following the vote not to confirm.  One member shall 
 13.26  must be a former member of the legislature from a major 
 13.27  political party different from that of the governor; one 
 13.28  member shall must be a former member of the legislature from the 
 13.29  same political party as the governor; two members shall must be 
 13.30  persons who have not been public officials, held any political 
 13.31  party office other than precinct delegate, or been elected to 
 13.32  public office for which party designation is required by statute 
 13.33  in the three years preceding the date of their appointment; and 
 13.34  the other two members shall must not support the same political 
 13.35  party.  No more than three of the members of the board shall 
 13.36  must support the same political party.  No member of the board 
 14.1   may currently serve as a lobbyist. 
 14.2      Subd. 2.  [TERMS, COMPENSATION, REMOVAL, VACANCIES.] Any An 
 14.3   appointment to fill a vacancy shall be is made only for the 
 14.4   unexpired term of a member who is being replaced and the 
 14.5   appointee shall must meet the same stated qualifications as the 
 14.6   member being replaced.  The membership terms, compensation, and 
 14.7   removal of members on the board shall be are as provided in 
 14.8   section 15.0575, except that the extension of terms and the 
 14.9   filling of vacancies shall be are subject to the advice and 
 14.10  consent of the legislature in the same manner as provided in 
 14.11  subdivision 1. 
 14.12     Subd. 3.  [VOTE REQUIRED.] The concurring vote of four 
 14.13  members of the board shall be is required to decide any matter 
 14.14  before the board. 
 14.15     Subd. 4.  [OFFICERS; MEETINGS.] The board shall elect from 
 14.16  among its members a chair, and a vice-chair and a 
 14.17  secretary.  The secretary shall keep a record of all proceedings 
 14.18  and actions by the board.  Meetings of the board shall be are at 
 14.19  the call of the chair or at the call of any four members of the 
 14.20  board acting together. 
 14.21     Subd. 5.  [EMPLOYEES; EXPENSES.] The board shall appoint an 
 14.22  executive director who shall be.  The executive director is in 
 14.23  the unclassified service.  The executive director serves as 
 14.24  secretary of the board and shall keep a record of all 
 14.25  proceedings and actions by the board.  The board may also employ 
 14.26  and prescribe the duties of other permanent or temporary 
 14.27  employees in the unclassified service as may be necessary to 
 14.28  administer this chapter, subject to appropriation.  The 
 14.29  executive director and all other employees shall serve at the 
 14.30  pleasure of the board.  Expenses of the board shall must be 
 14.31  approved by the chair or such other another member as the rules 
 14.32  of the board may provide and the expenses shall must then be 
 14.33  paid in the same manner as other state expenses are paid. 
 14.34     Subd. 7.  [POLITICAL ACTIVITY.] All members and employees 
 14.35  of the board shall be are subject to any provisions of law 
 14.36  regulating political activity by state employees.  In addition, 
 15.1   no member or employee of the board shall may be a candidate for, 
 15.2   or holder of, (a) (1) a national, state, congressional district, 
 15.3   legislative district, county, or precinct office in a political 
 15.4   party, or (b) (2) an elected public office for which party 
 15.5   designation is required by statute. 
 15.6      Subd. 8.  [DUTIES.] (a) The board shall: 
 15.7      (a) report at the close of each fiscal year to the 
 15.8   legislature, the governor, and the public concerning the action 
 15.9   it has taken, the names, salaries, and duties of all individuals 
 15.10  in its employ, and the money it has disbursed.  The board shall 
 15.11  include and identify in its report any other reports it has made 
 15.12  during the fiscal year.  It may indicate apparent abuses and 
 15.13  offer legislative recommendations;. 
 15.14     (b) The board shall prescribe forms for statements and 
 15.15  reports required to be filed under this chapter and make the 
 15.16  forms available to individuals required to file them;. 
 15.17     (c) The board shall make available to the individuals 
 15.18  required to file the reports and statements a manual setting 
 15.19  forth the recommended uniform methods of bookkeeping and 
 15.20  reporting;. 
 15.21     (d) The board shall develop a filing, coding, and 
 15.22  cross-indexing system consistent with the purposes of this 
 15.23  chapter;. 
 15.24     (e) The board shall make the reports and statements filed 
 15.25  with it available for public inspection and copying by the end 
 15.26  of the second day following the day on which they were 
 15.27  received.  Any An individual may copy a report or statement by 
 15.28  hand or by duplicating machine and the board shall provide 
 15.29  duplicating services at cost for this purpose.  No Information 
 15.30  copied from reports and statements shall may not be sold or 
 15.31  utilized used by any an individual or association for any a 
 15.32  commercial purpose.  "Commercial purpose" does not include 
 15.33  Purposes related to elections, political activities, or law 
 15.34  enforcement are not commercial purposes.  Any An individual or 
 15.35  association violating the provisions of who violates this clause 
 15.36  may be paragraph is subject to a civil penalty of up to $1,000.  
 16.1   An individual who knowingly violates this subdivision is guilty 
 16.2   of a misdemeanor;. 
 16.3      (f) Notwithstanding the provisions of section 138.163, the 
 16.4   board shall preserve reports and statements for a period of five 
 16.5   years from the date of receipt;.  
 16.6      (g) The board shall compile and maintain a current list and 
 16.7   summary of all statements or parts of statements pertaining to 
 16.8   each candidate; and. 
 16.9      (h) The board shall prepare and publish reports as it may 
 16.10  deem considers appropriate. 
 16.11     Subd. 9.  [DOCUMENTS; INFORMATION.] The executive 
 16.12  director of the board or the director's staff shall inspect all 
 16.13  material filed with the board as promptly as is necessary to 
 16.14  comply with the provisions of this chapter, and other provisions 
 16.15  of law requiring the filing of a document with the board.  The 
 16.16  executive director shall immediately notify the individual 
 16.17  required to file a document with the board if a written 
 16.18  complaint is filed with the board by any registered voter 
 16.19  alleging, or it otherwise appears, that a document filed with 
 16.20  the board is inaccurate or does not comply with the provisions 
 16.21  of this chapter, or that the individual has failed to file a 
 16.22  document required by this chapter.  The executive director and 
 16.23  staff may provide an individual required to file a document 
 16.24  under this chapter with factual information concerning the 
 16.25  limitations on corporate campaign contributions imposed by 
 16.26  section 211B.15. 
 16.27     Subd. 10.  [INVESTIGATIONS.] The board may make audits and 
 16.28  investigations with respect to statements and reports which that 
 16.29  are filed or which that should have been filed under the 
 16.30  provisions of this chapter.  In all matters relating to its 
 16.31  official duties, the board shall have has the power to issue 
 16.32  subpoenas and cause them to be served.  If a person does not 
 16.33  comply with a subpoena, the board may apply to the district 
 16.34  court of Ramsey county for issuance of an order compelling 
 16.35  obedience to the subpoena.  A person failing to obey the order 
 16.36  is punishable by the court as for contempt. 
 17.1      Subd. 11.  [COMPLAINTS.] (a) The board may investigate any 
 17.2   alleged violation of this chapter.  The board shall investigate 
 17.3   any violation which that is alleged in a written complaint filed 
 17.4   with the board and, except for alleged violations of section 
 17.5   10A.25 or 10A.27, shall within 30 days after the filing of the 
 17.6   complaint make a public finding of whether or not there is 
 17.7   probable cause to believe a violation has occurred.  In the case 
 17.8   of a written, except that if the complaint alleging alleges a 
 17.9   violation of section 10A.25 or 10A.27, the board shall either 
 17.10  enter a conciliation agreement or make a public finding of 
 17.11  whether or not there is probable cause, within 60 days of after 
 17.12  the filing of the complaint.  The deadline for action on any a 
 17.13  written complaint may be extended by majority vote of the board. 
 17.14     (b) Within a reasonable time after beginning an 
 17.15  investigation of an individual or association, the board shall 
 17.16  notify that the individual or association of the fact of the 
 17.17  investigation.  The board shall not make no a finding of whether 
 17.18  or not there is probable cause to believe a violation has 
 17.19  occurred without notifying the individual or association of the 
 17.20  nature of the allegations and affording an opportunity to answer 
 17.21  those allegations.  
 17.22     Any (c) A hearing or action of the board concerning any a 
 17.23  complaint or investigation other than a finding concerning 
 17.24  probable cause or a conciliation agreement shall be is 
 17.25  confidential.  Until the board makes a public finding concerning 
 17.26  probable cause or enters a conciliation agreement: 
 17.27     (a) No (1) a member, employee, or agent of the board shall 
 17.28  not disclose to any an individual any information obtained by 
 17.29  that member, employee, or agent concerning any a complaint or 
 17.30  investigation except as required to carry out the investigation 
 17.31  or take action in the matter as authorized by this chapter; and 
 17.32     (b) Any (2) an individual who discloses information 
 17.33  contrary to the provisions of this subdivision shall be is 
 17.34  guilty of a misdemeanor.  
 17.35     (d) Except as provided in section 10A.28, after the board 
 17.36  makes a public finding of probable cause the board shall report 
 18.1   that finding to the appropriate law enforcement authorities. 
 18.2      Subd. 11a.  [DISPOSITION OF RECORDS.] If, after making a 
 18.3   public finding concerning probable cause or entering a 
 18.4   conciliation agreement, the board determines that the record of 
 18.5   the investigation contains statements, documents, or other 
 18.6   matter which that, if disclosed, would unfairly injure the 
 18.7   reputation of an innocent individual, the board may: 
 18.8      (a) (1) retain any such the statement, document, or other 
 18.9   matter as a private record, as "private" is defined in section 
 18.10  13.02, subdivision 12, for a period of one year, after which 
 18.11  it shall must be destroyed; or 
 18.12     (b) (2) return any such the statement, document, or other 
 18.13  matter to the individual who supplied it to the board. 
 18.14     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
 18.15  publish advisory opinions on the requirements of this chapter 
 18.16  based upon real or hypothetical situations.  An application for 
 18.17  an advisory opinion may be made only by an individual or 
 18.18  association who wishes to use the opinion to guide the 
 18.19  individual's or the association's own conduct.  The board shall 
 18.20  issue written opinions on all such questions submitted to it 
 18.21  within 30 days after receipt of written application, unless a 
 18.22  majority of the board agrees to extend the time limit.  
 18.23     (b) A written advisory opinion issued by the board is 
 18.24  binding on the board in any a subsequent board proceeding 
 18.25  concerning the person making or covered by the request and is a 
 18.26  defense in a judicial proceeding that involves the subject 
 18.27  matter of the opinion and is brought against the person making 
 18.28  or covered by the request unless: 
 18.29     (1) the board has amended or revoked the opinion before the 
 18.30  initiation of the board or judicial proceeding, has notified the 
 18.31  person making or covered by the request of its action, and has 
 18.32  allowed at least 30 days for the person to do anything that 
 18.33  might be necessary to comply with the amended or revoked 
 18.34  opinion; 
 18.35     (2) the request has omitted or misstated material facts; or 
 18.36     (3) the person making or covered by the request has not 
 19.1   acted in good faith in reliance on the opinion. 
 19.2      (c) A request for an opinion and the opinion itself are 
 19.3   nonpublic data.  The board, however, may publish an opinion or a 
 19.4   summary of an opinion, but may not include in the publication 
 19.5   the name of the requester, the name of a person covered by a 
 19.6   request from an agency or political subdivision, or any other 
 19.7   information that might identify the requester, unless the person 
 19.8   consents to the inclusion. 
 19.9      Subd. 12a.  [RULES.] If the board intends to apply 
 19.10  principles of law or policy announced in an advisory opinion 
 19.11  issued under subdivision 12 more broadly than to the individual 
 19.12  or association to whom the opinion was issued, the board must 
 19.13  adopt these principles or policies as rules under chapter 14. 
 19.14     Subd. 13.  [RULES.] The provisions of Chapter 14 
 19.15  apply applies to the board.  The board may adopt rules to carry 
 19.16  out the purposes of this chapter. 
 19.17     Subd. 14.  [LEGAL SERVICES.] Notwithstanding the provisions 
 19.18  of section 8.15, the board must not be assessed the cost of 
 19.19  legal services rendered to it by the attorney general's office. 
 19.20     Sec. 3.  Minnesota Statutes 1996, section 10A.03, is 
 19.21  amended to read: 
 19.22     10A.03 [LOBBYIST REGISTRATION.] 
 19.23     Subdivision 1.  [FIRST REGISTRATION.] Each A lobbyist shall 
 19.24  file a registration form with the board within five days after 
 19.25  becoming a lobbyist. 
 19.26     Subd. 2.  [FORM.] The board shall prescribe a registration 
 19.27  form shall be prescribed by the board and shall, which must 
 19.28  include:  
 19.29     (a) (1) the name and address of the lobbyist,; 
 19.30     (b) (2) the principal place of business of the lobbyist,; 
 19.31     (c) (3) the name and address of each person, if any, by 
 19.32  whom the lobbyist is retained or employed or on whose behalf the 
 19.33  lobbyist appears,; and 
 19.34     (d) (4) a general description of the subject or subjects on 
 19.35  which the lobbyist expects to lobby.  
 19.36     If the lobbyist lobbies on behalf of an association, the 
 20.1   registration form shall must include the name and address of the 
 20.2   officers and directors of the association. 
 20.3      Subd. 3.  [FAILURE TO FILE.] The board shall notify by 
 20.4   certified mail or personal service any lobbyist who fails to 
 20.5   file a registration form within five days after becoming a 
 20.6   lobbyist.  If a lobbyist fails to file a form within seven days 
 20.7   after receiving this notice, the board may impose a late filing 
 20.8   fee at of $5 per day, not to exceed $100, commencing with the 
 20.9   eighth day after receiving notice.  The board shall further 
 20.10  notify by certified mail or personal service any lobbyist who 
 20.11  fails to file a form within 21 days of receiving a first notice 
 20.12  that the lobbyist may be subject to a criminal penalty for 
 20.13  failure to file the form.  A lobbyist who knowingly fails to 
 20.14  file a form within seven days after receiving a second notice 
 20.15  from the board is guilty of a misdemeanor. 
 20.16     Sec. 4.  Minnesota Statutes 1996, section 10A.04, is 
 20.17  amended to read: 
 20.18     10A.04 [LOBBYIST REPORTS.] 
 20.19     Subdivision 1.  [CONTINUING REPORTS.] Each A lobbyist shall 
 20.20  file reports of the lobbyist's activities with the board as long 
 20.21  as the lobbyist continues to lobby.  A lobbyist may file a 
 20.22  termination statement at any time after ceasing to lobby. 
 20.23     Subd. 2.  [DUE DATES.] Each report shall must cover the 
 20.24  time from the last day of the period covered by the last report 
 20.25  to 15 days prior to before the current filing date.  The reports 
 20.26  shall must be filed with the board by the following dates: 
 20.27     (a) (1) January 15; 
 20.28     (b) (2) April 15; and 
 20.29     (c) (3) July 15.  
 20.30     Subd. 3.  [INFORMATION FROM PRINCIPAL.] Each person or 
 20.31  association A principal about whose activities a lobbyist is 
 20.32  required to report shall provide the information required by 
 20.33  sections 10A.03 to 10A.05 to the lobbyist no later than five 
 20.34  days before the prescribed filing date. 
 20.35     Subd. 4.  [CONTENT.] (a) The A report shall under this 
 20.36  section must include such information as the board may require 
 21.1   requires from the registration form and the information required 
 21.2   by this subdivision for the reporting period. 
 21.3      (b) Each A lobbyist shall report the lobbyist's total 
 21.4   disbursements on lobbying, separately listing lobbying to 
 21.5   influence legislative action, lobbying to influence 
 21.6   administrative action, and lobbying to influence the official 
 21.7   actions of a metropolitan governmental unit, and a breakdown of 
 21.8   disbursements for each of those kinds of lobbying into 
 21.9   categories specified by the board, including but not limited to 
 21.10  the cost of publication and distribution of each publication 
 21.11  used in lobbying; other printing; media, including the cost of 
 21.12  production; postage; travel; fees, including allowances; 
 21.13  entertainment; telephone and telegraph; and other expenses. 
 21.14     (c) Each A lobbyist shall report the amount and nature of 
 21.15  each honorarium, gift, loan, item, or benefit, excluding 
 21.16  contributions to a candidate, equal in value to $5 or more, 
 21.17  given or paid to any public or local official, as defined in 
 21.18  section 10A.071, subdivision 1, by the lobbyist or any an 
 21.19  employer or any employee of the lobbyist.  The list shall must 
 21.20  include the name and address of each public or local official to 
 21.21  whom the honorarium, gift, loan, item, or benefit was given or 
 21.22  paid and the date it was given or paid.  A lobbyist need report 
 21.23  only the aggregate amount and nature of food or beverages given 
 21.24  or made available to all members of the legislature or a house 
 21.25  of the legislature or to all members of a local legislative 
 21.26  body, along with the name of the legislative body and the date 
 21.27  it was given or made available. 
 21.28     (d) Each lobbyist shall report each original source of 
 21.29  funds money in excess of $500 in any year used for the purpose 
 21.30  of lobbying to influence legislative action, each such source of 
 21.31  funds used to influence administrative action, and each such 
 21.32  source of funds used to influence or the official action of a 
 21.33  metropolitan governmental units unit.  The list shall must 
 21.34  include the name, address, and employer, or, if self-employed, 
 21.35  the occupation and principal place of business, of each payer of 
 21.36  funds money in excess of $500. 
 22.1      Subd. 4a.  [STATEMENT IN LIEU OF REPORT.] If in any 
 22.2   reporting period the lobbyist's reportable disbursements total 
 22.3   not over $100 or less and no honorarium, gift, loan, item, or 
 22.4   benefit equal in value to $50 or more was given or paid to any 
 22.5   public an official, a statement to that effect in lieu of the 
 22.6   report may be filed for that period.  The unreported 
 22.7   disbursements shall must be included in the report for the 
 22.8   following period, unless the total for that period, including 
 22.9   the carryover, is not over $100.  The January 15 report shall 
 22.10  must include all previously unreported disbursements, even 
 22.11  though the total for the year is not over $100. 
 22.12     Subd. 5.  [FAILURE TO FILE.] The board shall notify by 
 22.13  certified mail or personal service any lobbyist who fails after 
 22.14  seven days after a filing date imposed by this section to file a 
 22.15  report or statement required by this section.  If a lobbyist 
 22.16  fails to file a report within seven days after receiving this 
 22.17  notice, the board may impose a late filing fee of $5 per day, 
 22.18  not to exceed $100, commencing with the eighth day after 
 22.19  receiving notice.  The board shall further notify by certified 
 22.20  mail or personal service any lobbyist who fails to file a report 
 22.21  within 21 days after receiving a first notice that the lobbyist 
 22.22  may be subject to a criminal penalty for failure to file the 
 22.23  report.  A lobbyist who knowingly fails to file such a report or 
 22.24  statement within seven days after receiving a second notice from 
 22.25  the board is guilty of a misdemeanor. 
 22.26     Subd. 6.  [LOBBYIST AND PRINCIPAL REPORTS.] (a) Each A 
 22.27  principal shall report to the board as required in this 
 22.28  subdivision by March 15 for the preceding calendar year. 
 22.29     (b) Each The principal shall report which of the following 
 22.30  categories includes the total amount, rounded to the nearest 
 22.31  dollar, spent by the principal during the preceding calendar 
 22.32  year to influence legislative action, administrative action, and 
 22.33  the official action of metropolitan governmental units: 
 22.34     (1) $501 to $50,000; 
 22.35     (2) $50,001 to $150,000; or 
 22.36     (3) $150,001 to $250,000. 
 23.1      (c) Beyond $250,000, each additional $250,000 constitutes 
 23.2   an additional category, and each principal shall report which of 
 23.3   the categories includes the total amount spent by the principal 
 23.4   for the purposes provided in this subdivision. 
 23.5      (d) The principal shall report under this subdivision a 
 23.6   total amount that includes: 
 23.7      (1) all direct payments by the principal to lobbyists in 
 23.8   Minnesota this state; 
 23.9      (2) all expenditures for advertising, mailing, research, 
 23.10  analysis, compilation and dissemination of information, and 
 23.11  public relations campaigns related to legislative action, 
 23.12  administrative action, or the official action of metropolitan 
 23.13  governmental units in Minnesota this state; and 
 23.14     (3) all salaries and administrative expenses attributable 
 23.15  to activities of the principal relating to efforts to influence 
 23.16  legislative action, administrative action, or the official 
 23.17  action of metropolitan governmental units in Minnesota this 
 23.18  state. 
 23.19     Subd. 7.  [FINANCIAL RECORDS.] The board may randomly audit 
 23.20  the financial records of lobbyists and principals required to 
 23.21  report under this section. 
 23.22     Subd. 8.  [REPORTS BY SOLICITORS.] A lobbyist who directly 
 23.23  solicits and causes others to make aggregate contributions to 
 23.24  candidates or a caucus of the members of a political party in a 
 23.25  house of the legislature in excess of $5,000 between January 1 
 23.26  of the election year and 25 days before the primary or general 
 23.27  election must file the information in the report required by 
 23.28  section 10A.20, subdivision 14, ten days before the primary or 
 23.29  general election.  This disclosure requirement is in addition to 
 23.30  the report required by section 10A.20, subdivision 14. 
 23.31     Sec. 5.  Minnesota Statutes 1996, section 10A.05, is 
 23.32  amended to read: 
 23.33     10A.05 [LOBBYIST REPORT.] 
 23.34     Within 30 days after each lobbyist filing date set by 
 23.35  section 10A.04, the executive director of the board shall report 
 23.36  to the governor, and the presiding officer of each house of the 
 24.1   legislature, publish the names of the lobbyists registered who 
 24.2   were not previously reported, the names of the persons or 
 24.3   associations principals whom they represent as lobbyists, the 
 24.4   subject or subjects on which they are lobbying, and whether in 
 24.5   each case they lobby to influence legislative or action, 
 24.6   administrative action or both.  At the same times, the executive 
 24.7   director of the board shall report to the governing body of each 
 24.8   metropolitan governmental unit, the names of the registered 
 24.9   lobbyists who attempt to influence the official action of 
 24.10  metropolitan governmental units, the names of the persons or 
 24.11  associations whom they represent as lobbyists, and the subject 
 24.12  or subjects on which they are lobbying, or the official action 
 24.13  of a metropolitan governmental unit. 
 24.14     Sec. 6.  Minnesota Statutes 1996, section 10A.065, 
 24.15  subdivision 1, is amended to read: 
 24.16     Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
 24.17  LEGISLATIVE SESSION.] A candidate for the legislature or for 
 24.18  constitutional office, a the candidate's principal campaign 
 24.19  committee, any other political committee with the candidate's 
 24.20  name or title, any committee authorized by the candidate, or a 
 24.21  political committee established by all or a part of the party 
 24.22  organization within a house of the legislature, shall not 
 24.23  solicit or accept a contribution on behalf of a candidate's 
 24.24  principal campaign committee, any other political committee with 
 24.25  the candidate's name or title, any committee authorized by the 
 24.26  candidate, or a political committee established by all or a part 
 24.27  of the party organization within a house of the legislature, 
 24.28  from a registered lobbyist, political committee, or political 
 24.29  fund during a regular session of the legislature.  This 
 24.30  prohibition does not apply to a contribution from a political 
 24.31  committee that is a party unit not established by the party 
 24.32  organization within a house of the legislature.  
 24.33     Sec. 7.  Minnesota Statutes 1996, section 10A.065, 
 24.34  subdivision 3, is amended to read: 
 24.35     Subd. 3.  [CIVIL PENALTY.] A candidate or political 
 24.36  committee that violates this section is subject to a civil fine 
 25.1   of up to $500.  If the board makes a public finding that there 
 25.2   is probable cause to believe a violation of this section has 
 25.3   occurred, the board shall bring an action, or transmit the 
 25.4   finding to a county attorney who shall bring an action, in the 
 25.5   district court of Ramsey county, to impose collect a civil fine 
 25.6   as prescribed imposed by the board.  Fines paid under this 
 25.7   section must be deposited in the general fund in the state 
 25.8   treasury. 
 25.9      Sec. 8.  Minnesota Statutes 1996, section 10A.08, is 
 25.10  amended to read: 
 25.11     10A.08 [REPRESENTATION DISCLOSURE.] 
 25.12     Any A public official who represents a client for a fee 
 25.13  before any an individual, board, commission, or agency that has 
 25.14  rule making authority in a hearing conducted under chapter 14, 
 25.15  shall disclose the official's participation in the action to the 
 25.16  board within 14 days after the appearance.  The board shall 
 25.17  notify by certified mail or personal service any public official 
 25.18  who fails to disclose the participation within 14 days after the 
 25.19  appearance.  If the public official fails to disclose the 
 25.20  participation within seven days of this notice, the board may 
 25.21  impose a late filing fee of $5 per day, not to exceed $100, 
 25.22  commencing on the eighth day after receiving notice. 
 25.23     Sec. 9.  Minnesota Statutes 1996, section 10A.09, is 
 25.24  amended to read: 
 25.25     10A.09 [STATEMENTS OF ECONOMIC INTEREST.] 
 25.26     Subdivision 1.  [TIME FOR FILING.] Except for a candidate 
 25.27  for elective office in the judicial branch, an individual shall 
 25.28  file a statement of economic interest with the board: 
 25.29     (1) within 60 days of accepting employment as a public 
 25.30  official or a local official in a metropolitan governmental 
 25.31  unit; 
 25.32     (2) within 14 days after filing an affidavit of candidacy 
 25.33  or petition to appear on the ballot for an elective public state 
 25.34  office or an elective local office in a metropolitan 
 25.35  governmental unit; 
 25.36     (3) in the case of a public official requiring the advice 
 26.1   and consent of the senate, within 14 days after undertaking the 
 26.2   duties of office; or 
 26.3      (4) in the case of members of the Minnesota racing 
 26.4   commission, the director of the Minnesota racing commission, 
 26.5   chief of security, medical officer, inspector of pari-mutuels, 
 26.6   and stewards employed or approved by the commission or persons 
 26.7   who fulfill those duties under contract, within 60 days of 
 26.8   accepting or assuming duties. 
 26.9      Subd. 2.  [NOTIFICATION NOTICE TO BOARD.] The secretary of 
 26.10  state or the appropriate county auditor, upon receiving an 
 26.11  affidavit of candidacy or petition to appear on the ballot from 
 26.12  an individual required by this section to file a statement of 
 26.13  economic interest, and any official who nominates or employs a 
 26.14  public or local official required by this section to file a 
 26.15  statement of economic interest, shall notify the board of the 
 26.16  name of the individual required to file a statement and the date 
 26.17  of the affidavit, petition, or nomination. 
 26.18     Subd. 3.  [NOTICE FROM BOARD.] The board shall notify the 
 26.19  secretary of state or the appropriate county auditor and, when 
 26.20  necessary in the case of appointive office, the presiding 
 26.21  officer of the house that will approve or disapprove the 
 26.22  nomination, of the name of the individual who has filed a 
 26.23  statement of economic interest with the board, a copy of the 
 26.24  statement, and the date on which the statement was filed. 
 26.25     Subd. 5.  [FORM.] A statement of economic interest required 
 26.26  by this section shall must be on a form prescribed by the 
 26.27  board.  The individual filing shall provide the following 
 26.28  information: 
 26.29     (a) (1) name, address, occupation, and principal place of 
 26.30  business; 
 26.31     (b) (2) the name of each associated business and the nature 
 26.32  of that association; 
 26.33     (c) (3) a listing of all real property within the state, 
 26.34  excluding homestead property, in which the individual holds:  
 26.35  (i) a fee simple interest, a mortgage, a contract for deed as 
 26.36  buyer or seller, or an option to buy, whether direct or 
 27.1   indirect, and which if the interest is valued in excess of 
 27.2   $2,500; or (ii) an option to buy, which if the property has a 
 27.3   fair market value of $50,000 or more; 
 27.4      (d) (4) a listing of all real property within the state in 
 27.5   which a partnership of which the individual is a member holds: 
 27.6   (i) a fee simple interest, a mortgage, a contract for deed as 
 27.7   buyer or seller, or an option to buy, whether direct or 
 27.8   indirect, if the individual's share of the partnership interest 
 27.9   is valued in excess of $2,500; or (ii) an option to buy, which 
 27.10  if the property has a fair market value of $50,000 or more.  Any 
 27.11  A listing under clause (c) (3) or (d) shall (4) must indicate 
 27.12  the street address and the municipality or the section, 
 27.13  township, range, and approximate acreage, whichever applies, and 
 27.14  the county wherein in which the property is located; and 
 27.15     (e) (5) a listing of any investments, ownership, or 
 27.16  interests in property connected with pari-mutuel horse racing in 
 27.17  the United States and Canada, including a race horse, in which 
 27.18  the individual directly or indirectly holds a partial or full 
 27.19  interest or an immediate family member holds a partial or full 
 27.20  interest. 
 27.21     Subd. 6.  [SUPPLEMENTARY STATEMENT.] Each individual who is 
 27.22  required to file a statement of economic interest shall file a 
 27.23  supplementary statement on April 15 of each year that the 
 27.24  individual remains in office.  The statement shall must include 
 27.25  a space for each category of information in which the individual 
 27.26  may indicate that no change in information has occurred since 
 27.27  the previous statement.  The supplementary statement shall must 
 27.28  include the amount of each honorarium in excess of $50 received 
 27.29  since the previous statement, together with and the name and 
 27.30  address of the source of the honorarium.  A statement of 
 27.31  economic interest submitted by an officeholder shall must be 
 27.32  filed with the statement submitted as a candidate. 
 27.33     Subd. 6a.  [LOCAL OFFICIALS.] A local official required to 
 27.34  file a statement under this section shall file it with the 
 27.35  governing body of the official's political subdivision.  The 
 27.36  governing body shall maintain statements filed with it under 
 28.1   this subdivision as public data. 
 28.2      Subd. 7.  [FAILURE TO FILE.] The board shall notify by 
 28.3   certified mail or personal service any individual who fails 
 28.4   within the prescribed time to file a statement of economic 
 28.5   interest required by this section.  If an individual fails to 
 28.6   file a statement within seven days after receiving this notice, 
 28.7   the board may impose a late filing fee of $5 per day, not to 
 28.8   exceed $100, commencing on the eighth day after receiving 
 28.9   notice.  The board shall further notify by certified mail or 
 28.10  personal service any individual who fails to file a statement 
 28.11  within 21 days after receiving a first notice that the 
 28.12  individual may be subject to a criminal penalty for failure to 
 28.13  file a statement.  An individual who fails to file a statement 
 28.14  within seven days after a second notice is guilty of a 
 28.15  misdemeanor. 
 28.16     Subd. 8.  [SUSPENSION.] Any A public official, except a 
 28.17  member of the legislature or a constitutional officer, who is 
 28.18  required to file a statement of economic interest and fails to 
 28.19  do so by the prescribed deadline shall must be suspended without 
 28.20  pay by the board in the manner prescribed in the contested case 
 28.21  procedures in chapter 14. 
 28.22     Sec. 10.  Minnesota Statutes 1996, section 10A.10, is 
 28.23  amended to read: 
 28.24     10A.10 [PENALTY FOR FALSE STATEMENTS.] 
 28.25     A report or statement required to be filed by sections 
 28.26  10A.02 to 10A.09 shall must be signed and certified as true by 
 28.27  the individual required to file the report.  Any An individual 
 28.28  who signs and certifies to be true a report or statement knowing 
 28.29  it contains false information or who knowingly omits required 
 28.30  information is guilty of a gross misdemeanor. 
 28.31     Sec. 11.  Minnesota Statutes 1996, section 10A.11, is 
 28.32  amended to read: 
 28.33     10A.11 [ORGANIZATION OF POLITICAL COMMITTEES.] 
 28.34     Subdivision 1.  [OFFICERS.] Every A political committee 
 28.35  shall must have a chair and a treasurer.  Nothing in this 
 28.36  chapter shall prohibit them from being The chair and treasurer 
 29.1   may be the same individual. 
 29.2      Subd. 2.  [TREASURER VACANCY.] No contribution shall be 
 29.3   accepted and no expenditure shall be made by or on behalf of A 
 29.4   political committee at a time when there is a vacancy in may not 
 29.5   accept a contribution or make an expenditure or permit an 
 29.6   expenditure to be made on its behalf while the office of 
 29.7   treasurer is vacant. 
 29.8      Subd. 3.  [DEPUTY TREASURERS.] The treasurer of a political 
 29.9   committee may appoint as many deputy treasurers as necessary and 
 29.10  shall be is responsible for their accounts. 
 29.11     Subd. 4.  [DEPOSITORIES.] The treasurer of a political 
 29.12  committee may designate not more than one or two depositories in 
 29.13  each county in which a campaign is conducted. 
 29.14     Subd. 5.  [COMMINGLING PROHIBITED.] No funds of A political 
 29.15  committee shall be commingled may not commingle its funds with 
 29.16  any personal funds of officers, members, or associates of the 
 29.17  committee. 
 29.18     Subd. 7.  [VIOLATIONS.] Any A person who knowingly violates 
 29.19  the provisions of this section is guilty of a misdemeanor. 
 29.20     Sec. 12.  Minnesota Statutes 1996, section 10A.12, is 
 29.21  amended to read: 
 29.22     10A.12 [POLITICAL FUNDS.] 
 29.23     Subdivision 1.  [WHEN REQUIRED.] No An association other 
 29.24  than a political committee shall transfer may not contribute 
 29.25  more than $100 in aggregate in any one year to candidates or 
 29.26  political committees or make any approved or independent 
 29.27  expenditure or expenditure to promote or defeat a ballot 
 29.28  question unless the transfer contribution or expenditure is made 
 29.29  from a political fund.  
 29.30     Subd. 2.  [COMMINGLING PROHIBITED.] The contents of a 
 29.31  political fund shall may not be commingled with any other funds 
 29.32  or with the personal funds of any an officer or member of the 
 29.33  fund. 
 29.34     Subd. 3.  [TREASURER.] Each An association which that has a 
 29.35  political fund shall must elect or appoint a treasurer of the 
 29.36  political fund. 
 30.1      Subd. 4.  [TREASURER VACANCY.] No contributions to the A 
 30.2   political fund shall be accepted and no expenditures may not 
 30.3   accept a contribution or make an expenditure or transfers 
 30.4   contribution from the political fund shall be made while the 
 30.5   office of treasurer of the political fund is vacant. 
 30.6      Subd. 5.  [DUES; MEMBERSHIP FEES.] Notwithstanding 
 30.7   subdivision 1, any An association may, if not prohibited by 
 30.8   other law, deposit in its political fund money derived from dues 
 30.9   or membership fees.  Pursuant to Under section 10A.20, the 
 30.10  treasurer of the fund shall disclose the name of any member 
 30.11  whose dues, membership fees, and contributions deposited in the 
 30.12  political fund together exceed $100 in any one a year. 
 30.13     Subd. 6.  [VIOLATIONS.] Any A person who knowingly violates 
 30.14  the provisions of this section is guilty of a misdemeanor. 
 30.15     Sec. 13.  Minnesota Statutes 1996, section 10A.13, is 
 30.16  amended to read: 
 30.17     10A.13 [ACCOUNTS WHICH THAT MUST BE KEPT.] 
 30.18     Subdivision 1.  [ACCOUNTS; VIOLATIONS.] The treasurer of a 
 30.19  political committee or political fund shall keep an account of: 
 30.20     (a) (1) the sum of all contributions, except any donation 
 30.21  in kind valued at $20 or less, made to the political committee 
 30.22  or political fund; 
 30.23     (b) (2) the name and address of each source of a 
 30.24  transfer contribution made to the political committee or 
 30.25  political fund in excess of $20, together with the date and 
 30.26  amount of each; 
 30.27     (c) The name and address of each source of a donation in 
 30.28  kind valued in excess of $20, together with the date and amount; 
 30.29     (d) (3) each expenditure made by the committee or fund, 
 30.30  together with the date and amount; 
 30.31     (e) (4) each approved expenditure made on behalf of the 
 30.32  committee or fund, together with the date and amount; and 
 30.33     (f) (5) the name and address of each political committee or 
 30.34  political fund to which transfers contributions in excess of $20 
 30.35  have been made, together with the date and amount. 
 30.36     Any individual who knowingly violates any provision of this 
 31.1   subdivision is guilty of a misdemeanor. 
 31.2      Subd. 2.  [RECEIPTS.] The treasurer shall obtain a 
 31.3   receipted bill, stating the particulars, for every expenditure 
 31.4   in excess of over $100 made by, or approved expenditure in 
 31.5   excess of over $100 made on behalf of, a political committee or 
 31.6   political fund, and for any expenditure or approved expenditure 
 31.7   in a lesser amount if the aggregate amount of lesser 
 31.8   expenditures and approved expenditures made to the same 
 31.9   individual or association during any the same year exceeds 
 31.10  $100.  The treasurer shall preserve all keep receipted bills and 
 31.11  accounts required to be kept by this section for four years. 
 31.12     Sec. 14.  Minnesota Statutes 1996, section 10A.14, is 
 31.13  amended to read: 
 31.14     10A.14 [REGISTRATION OF POLITICAL COMMITTEES AND POLITICAL 
 31.15  FUNDS.] 
 31.16     Subdivision 1.  [FIRST REGISTRATION.] The treasurer of a 
 31.17  political committee or political fund shall register with the 
 31.18  board by filing a statement of organization no later than 14 
 31.19  days after the date upon which the committee or fund has made a 
 31.20  contribution, received contributions, or made expenditures in 
 31.21  excess of $100.  
 31.22     Subd. 2.  [FORM.] The statement of organization shall must 
 31.23  include: 
 31.24     (a) (1) the name and address of the political committee or 
 31.25  political fund; 
 31.26     (b) (2) the name and address of any supporting association 
 31.27  of a political fund; 
 31.28     (c) (3) the name and address of the chair, the treasurer, 
 31.29  and any deputy treasurers; 
 31.30     (d) (4) a listing of all depositories or safety deposit 
 31.31  boxes used; 
 31.32     (e) (5) a statement as to whether the committee is a 
 31.33  principal campaign committee as authorized by section 10A.19, 
 31.34  subdivision 1; and 
 31.35     (f) (6) for political parties only, a list of categories of 
 31.36  substate its party units as defined in section 10A.27, 
 32.1   subdivision 4. 
 32.2      Subd. 4.  [FAILURE TO FILE.] The board shall notify by 
 32.3   certified mail or personal service any individual who fails to 
 32.4   file a statement required by this section.  If an individual 
 32.5   fails to file a statement within seven days after receiving a 
 32.6   notice, the board may impose a late filing fee of $5 per day, 
 32.7   not to exceed $100, commencing with the eighth day after 
 32.8   receiving notice.  The board shall further notify by certified 
 32.9   mail or personal service any individual who fails to file a 
 32.10  statement within 21 days after receiving a first notice that 
 32.11  such individual may be subject to a criminal penalty for failure 
 32.12  to file the report.  An individual who knowingly fails to file 
 32.13  the statement within seven days after receiving a second notice 
 32.14  from the board is guilty of a misdemeanor. 
 32.15     Sec. 15.  Minnesota Statutes 1996, section 10A.15, is 
 32.16  amended to read: 
 32.17     10A.15 [CONTRIBUTIONS.] 
 32.18     Subdivision 1.  [ANONYMOUS CONTRIBUTIONS.] No anonymous 
 32.19  contribution in excess of $20 shall be retained by any A 
 32.20  political committee or political fund may not retain an 
 32.21  anonymous contribution in excess of $20, but shall be forwarded 
 32.22  forward it to the board and deposited for deposit in the general 
 32.23  account of the state elections campaign fund. 
 32.24     Subd. 2.  [SOURCE; AMOUNT; DATE.] Every An individual who 
 32.25  receives a contribution in excess of $20 for a political 
 32.26  committee or political fund shall, on demand of the treasurer, 
 32.27  inform the treasurer of the name and, if known, the address of 
 32.28  the source of the contribution, together with the amount of the 
 32.29  contribution, and the date it was received. 
 32.30     Subd. 3.  [DEPOSIT.] All transfers contributions received 
 32.31  by or on behalf of any a candidate, political committee, or 
 32.32  political fund shall must be deposited in an account designated 
 32.33  "Campaign Fund of ..... (name of candidate, committee or 
 32.34  fund)."  All transfers shall contributions must be deposited 
 32.35  promptly upon receipt and, except for transfers contributions 
 32.36  received during the last three days of any a reporting period as 
 33.1   described in section 10A.20, shall must be deposited during the 
 33.2   reporting period in which they were received.  Any transfer A 
 33.3   contribution received during the last three days of a reporting 
 33.4   period shall must be deposited within 72 hours of after receipt 
 33.5   and shall must be reported as received during the reporting 
 33.6   period whether or not deposited within that period.  Any A 
 33.7   deposited transfer contribution may be returned to the 
 33.8   contributor within 60 days of after deposit.  A transfer 
 33.9   contribution deposited and not returned within 60 days of after 
 33.10  that deposit shall be deemed for the purposes of this chapter, 
 33.11  to be must be reported as accepted by the candidate, political 
 33.12  committee, or political fund. 
 33.13     Subd. 3a.  [EXCESS.] No A treasurer of a principal campaign 
 33.14  committee of a candidate shall may not deposit any transfer 
 33.15  which a contribution that on its face exceeds the limit on 
 33.16  contributions to that the candidate prescribed by section 10A.27 
 33.17  unless, at the time of deposit, the treasurer issues a check to 
 33.18  the source for the amount of the excess. 
 33.19     Subd. 3b.  [ATTRIBUTABLE CONTRIBUTIONS.] Contributions made 
 33.20  to a candidate or principal campaign committee that are directed 
 33.21  to that the candidate or principal campaign committee by a 
 33.22  political fund or committee must be reported as attributable to 
 33.23  the political fund or committee and count toward the 
 33.24  contribution limits of that fund or committee specified in 
 33.25  section 10A.27, if the political fund or committee was organized 
 33.26  or is operated primarily to direct contributions other than from 
 33.27  its own funds money to one or more candidates or principal 
 33.28  campaign committees.  The treasurer of the political fund or 
 33.29  committee shall advise the candidate or the candidate's 
 33.30  principal campaign committee if the contribution or 
 33.31  contributions are not from the funds money of the political fund 
 33.32  or the political committee and the original source of the funds 
 33.33  money.  As used in this subdivision, the term "direct" includes, 
 33.34  but is not limited to, order, command, control, or instruct.  A 
 33.35  violation of this subdivision is a violation of section 10A.29. 
 33.36     Subd. 3c.  [RELATED COMMITTEES.] An individual, 
 34.1   association, political committee, or political fund may 
 34.2   establish, finance, maintain, or control a political committee 
 34.3   or political fund.  One who does this is a "parent."  The 
 34.4   political committee or fund so established, financed, 
 34.5   maintained, or controlled is a "subsidiary."  If the parent is 
 34.6   an association, the association must create a political 
 34.7   committee or political fund to serve as the parent for reporting 
 34.8   purposes.  A subsidiary must report its contribution to a 
 34.9   candidate or principal campaign committee as attributable to its 
 34.10  parent, and the contribution is counted toward the contribution 
 34.11  limits in section 10A.27 of the parent as well as of the 
 34.12  subsidiary. 
 34.13     Subd. 4.  [VIOLATIONS.] Any An individual violating the 
 34.14  provisions of this section is guilty of a misdemeanor. 
 34.15     Subd. 5.  [LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND 
 34.16  REGISTRATION NUMBER ON CHECKS.] A contribution made to a 
 34.17  candidate by a lobbyist, political committee, or political fund 
 34.18  must show the name of the lobbyist, political committee, or 
 34.19  political fund and the number under which it is registered with 
 34.20  the board. 
 34.21     Sec. 16.  Minnesota Statutes 1996, section 10A.17, is 
 34.22  amended to read: 
 34.23     10A.17 [EXPENDITURES.] 
 34.24     Subdivision 1.  [TREASURER MUST AUTHORIZE.] No expenditure 
 34.25  shall be made by A political committee, political fund, or 
 34.26  principal campaign committee may not expend money unless it the 
 34.27  expenditure is authorized by the treasurer or deputy treasurer 
 34.28  of that committee or fund. 
 34.29     Subd. 2.  [WRITTEN AUTHORIZATION.] No An individual or 
 34.30  association may not make an approved expenditure of more than 
 34.31  $20 without receiving written authorization as to the amount 
 34.32  that may be spent and the purpose of the expenditure from the 
 34.33  treasurer of the principal campaign committee of the candidate 
 34.34  who approved the expenditure stating the amount that may be 
 34.35  spent and the purpose of the expenditure. 
 34.36     Subd. 3.  [PETTY CASH.] The treasurer or deputy treasurer 
 35.1   of a political committee may sign vouchers for petty cash of not 
 35.2   more than up to $100 per week for statewide elections or $20 per 
 35.3   week for legislative elections, to be used for miscellaneous 
 35.4   expenditures. 
 35.5      Subd. 4.  [INDEPENDENT EXPENDITURES.] Any An individual, 
 35.6   political committee, or political fund who independently 
 35.7   solicits or accepts contributions or makes independent 
 35.8   expenditures on behalf of any a candidate shall publicly 
 35.9   disclose that the expenditure is an independent expenditure.  
 35.10  All written communications with those from whom contributions 
 35.11  are independently solicited or accepted or to whom independent 
 35.12  expenditures are made on behalf of a candidate, shall must 
 35.13  contain a statement in conspicuous type that the activity is an 
 35.14  independent expenditure and is not approved by the candidate nor 
 35.15  is the candidate responsible for it.  Similar language shall 
 35.16  must be included in all oral communications, in conspicuous type 
 35.17  on the front page of all literature and advertisements published 
 35.18  or posted, and at the end of all broadcast advertisements made 
 35.19  by that individual, political committee, or political fund on 
 35.20  the candidate's behalf. 
 35.21     Subd. 5.  [VIOLATIONS.] Any A person who knowingly violates 
 35.22  the provisions of subdivision 2 is guilty of a misdemeanor.  A 
 35.23  person who knowingly violates the provisions of subdivision 4 or 
 35.24  falsely claims that an expenditure was an independent 
 35.25  expenditure is guilty of a gross misdemeanor. 
 35.26     Sec. 17.  Minnesota Statutes 1996, section 10A.18, is 
 35.27  amended to read: 
 35.28     10A.18 [TIME FOR RENDERING BILLS WHEN RENDERED AND PAID, 
 35.29  CHARGES, OR CLAIMS; PENALTY.] 
 35.30     Every A person who has a bill, charge, or claim against any 
 35.31  a political committee or political fund for any an expenditure 
 35.32  shall render in writing to the treasurer of the committee or 
 35.33  fund the bill, charge, or claim within 60 days after the 
 35.34  material or service is provided.  Failure to so present the 
 35.35  bill, charge or claim Violation of this section is a misdemeanor.
 35.36     Sec. 18.  Minnesota Statutes 1996, section 10A.19, is 
 36.1   amended to read: 
 36.2      10A.19 [PRINCIPAL CAMPAIGN COMMITTEE.] 
 36.3      Subdivision 1.  [PRINCIPAL COMMITTEE REQUIRED.] No A 
 36.4   candidate shall not accept contributions from any a source, 
 36.5   other than self, in aggregate in excess of $100 or accept a 
 36.6   public subsidy unless the candidate designates and causes to be 
 36.7   formed a single principal campaign committee for each office 
 36.8   sought.  A candidate may not authorize, designate, or cause to 
 36.9   be formed any other political committee bearing the candidate's 
 36.10  name or title or otherwise operating under the direct or 
 36.11  indirect control of the candidate.  However, a candidate may be 
 36.12  involved in the direct or indirect control of a party unit as 
 36.13  defined in section 10A.275, subdivision 3. 
 36.14     A political committee bearing a candidate's name or title 
 36.15  or otherwise operating under the direct or indirect control of 
 36.16  the candidate, other than a principal campaign committee of the 
 36.17  candidate, may not accept contributions after May 21, 1993, and 
 36.18  must be dissolved by December 31, 1993.  
 36.19     Subd. 2.  [CANDIDATE TO CONTROL REMOVAL OF OFFICERS.] A 
 36.20  candidate may at any time without cause remove and replace the 
 36.21  chair, treasurer, deputy treasurer, or any other officer of the 
 36.22  candidate's principal campaign committee. 
 36.23     Sec. 19.  Minnesota Statutes 1996, section 10A.20, is 
 36.24  amended to read: 
 36.25     10A.20 [CAMPAIGN REPORTS.] 
 36.26     Subdivision 1.  [COMMENCEMENT OF REPORTING.] The treasurer 
 36.27  of every a political committee and or political fund shall begin 
 36.28  to file the reports required by this section in the first year 
 36.29  it receives contributions or makes expenditures in excess of 
 36.30  $100 and shall continue to file until the committee or fund is 
 36.31  terminated. 
 36.32     Subd. 2.  [DUE DATES.] (a) The reports shall must be filed 
 36.33  with the board on or before January 31 of each year and 
 36.34  additional reports shall must be filed as required and in 
 36.35  accordance with clauses (a) paragraphs (b) and (b) (c).  
 36.36     (a) (b) In each year in which the name of the candidate is 
 37.1   on the ballot, the report of the principal campaign committee 
 37.2   shall must be filed ten days before a primary and a general 
 37.3   election, seven days before a special primary and a special 
 37.4   election, and ten days after a special election cycle.  The 
 37.5   report due after a special election may be filed on January 31 
 37.6   following the special election if the special election is held 
 37.7   not more than 60 days before that date.  
 37.8      (b) (c) In each general election year, a political 
 37.9   committees and committee or political funds fund other than a 
 37.10  principal campaign committees committee shall file reports ten 
 37.11  days before a primary and general election.  
 37.12     (d) If a scheduled filing date falls on a Saturday, Sunday, 
 37.13  or legal holiday, the filing date shall be is the next regular 
 37.14  business day. 
 37.15     Subd. 3.  [CONTENTS OF REPORT.] Each (a) The report under 
 37.16  this section shall must disclose: 
 37.17     (a) the amount of liquid assets on hand at the beginning of 
 37.18  the reporting period;. 
 37.19     (b) The report must disclose the name, address, and 
 37.20  employer, or occupation if self-employed, of each individual, 
 37.21  political committee, or political fund who within the year has 
 37.22  made one or more transfers or donations in kind contributions to 
 37.23  the political committee or political fund, including the 
 37.24  purchase of tickets for all a fundraising 
 37.25  efforts effort, which that in aggregate within the year exceed 
 37.26  $100 for legislative or statewide candidates or ballot 
 37.27  questions, together with the amount and date of each transfer or 
 37.28  donation in kind contribution, and the aggregate amount 
 37.29  of transfers and donations in kind contributions within the year 
 37.30  from each source so disclosed.  A donation in kind shall must be 
 37.31  disclosed at its fair market value.  An approved expenditure is 
 37.32  must be listed as a donation in kind.  A donation in kind is 
 37.33  considered consumed in the reporting period in which it is 
 37.34  received.  The names of contributors shall must be listed in 
 37.35  alphabetical order;. 
 37.36     (c) The report must disclose the sum of contributions to 
 38.1   the political committee or political fund during the reporting 
 38.2   period;. 
 38.3      (d) The report must disclose each loan made or received by 
 38.4   the political committee or political fund within the year in 
 38.5   aggregate in excess of $100, continuously reported until repaid 
 38.6   or forgiven, together with the name, address, occupation, and 
 38.7   the principal place of business, if any, of the lender and any 
 38.8   endorser and the date and amount of the loan.  If any a loan 
 38.9   made to the principal campaign committee of a candidate is 
 38.10  forgiven at any time or is repaid by any an entity other than 
 38.11  that principal campaign committee, it shall must be reported as 
 38.12  a contribution for the year in which the loan was made;. 
 38.13     (e) The report must disclose each receipt in excess of 
 38.14  over $100 during the reporting period not otherwise listed under 
 38.15  clauses paragraphs (b) to (d);. 
 38.16     (f) The report must disclose the sum of all receipts of the 
 38.17  political committee or political fund during the reporting 
 38.18  period;. 
 38.19     (g) The report must disclose the name and address of each 
 38.20  individual or association to whom aggregate expenditures, 
 38.21  including approved expenditures, have been made by or on behalf 
 38.22  of the political committee or political fund within the year in 
 38.23  excess of $100, together with the amount, date, and purpose of 
 38.24  each expenditure and the name and address of, and office sought 
 38.25  by, each candidate on whose behalf the expenditure was made, 
 38.26  identification of the ballot question which that the expenditure 
 38.27  is was intended to promote or defeat, and in the case of 
 38.28  independent expenditures made in opposition to a candidate, 
 38.29  the candidate's name, address, and office sought for each such 
 38.30  candidate;. 
 38.31     (h) The report must disclose the sum of all expenditures 
 38.32  made by or on behalf of the political committee or political 
 38.33  fund during the reporting period;. 
 38.34     (i) The report must disclose the amount and nature of any 
 38.35  an advance of credit incurred by the political committee or 
 38.36  political fund, continuously reported until paid or forgiven.  
 39.1   If any an advance of credit incurred by the principal campaign 
 39.2   committee of a candidate is forgiven at any time by the creditor 
 39.3   or paid by any an entity other than that principal campaign 
 39.4   committee, it shall must be reported as a donation in kind for 
 39.5   the year in which the advance of credit was incurred; made. 
 39.6      (j) The report must disclose the name and address of each 
 39.7   political committee, political fund, or principal campaign 
 39.8   committee to which aggregate transfers contributions have been 
 39.9   made that aggregate in excess of $100 have been made within the 
 39.10  year, together with and the amount and date of each transfer; 
 39.11  contribution. 
 39.12     (k) The report must disclose the sum of all 
 39.13  transfers contributions made by the political committee, 
 39.14  political fund, or principal campaign committee during the 
 39.15  reporting period;. 
 39.16     (l) Except for contributions to a candidate or committee 
 39.17  for a candidate for office in a municipality as defined in 
 39.18  section 471.345, subdivision 1, The report must disclose the 
 39.19  name and address of each individual or association to 
 39.20  whom aggregate noncampaign disbursements have been made that 
 39.21  aggregate in excess of $100 have been made within the year by or 
 39.22  on behalf of a principal campaign committee, political 
 39.23  committee, or political fund, together with and the amount, 
 39.24  date, and purpose of each noncampaign disbursement;. 
 39.25     (m) The report must disclose the sum of all noncampaign 
 39.26  disbursements made within the year by or on behalf of a 
 39.27  principal campaign committee, political committee, or political 
 39.28  fund;. 
 39.29     (n) The report must disclose the name and address of a 
 39.30  nonprofit corporation that provides administrative assistance to 
 39.31  a political committee or political fund as authorized by section 
 39.32  211B.15, subdivision 17, together with the type of 
 39.33  administrative assistance provided, and the aggregate fair 
 39.34  market value of each type of assistance provided to the 
 39.35  political committee or political fund during the reporting 
 39.36  period; and. 
 40.1      (o) A report filed under subdivision 2, clause (b), by a 
 40.2   political committee or political fund that is subject to 
 40.3   subdivision 14, must contain the information required by 
 40.4   subdivision 14, if the political committee or political fund has 
 40.5   solicited and caused others to make aggregate contributions 
 40.6   greater than $5,000 between January 1 of the general election 
 40.7   year and the end of the reporting period.  This disclosure 
 40.8   requirement is in addition to the report required by subdivision 
 40.9   14. 
 40.10     Subd. 3a.  [LEGISLATIVE DISTRICT.] The reports Each report 
 40.11  of a principal campaign committee of a legislative candidate 
 40.12  required by this section shall must list in a prominent place on 
 40.13  the first page of every report each county in which the 
 40.14  legislative district lies. 
 40.15     Subd. 4.  [COVERAGE.] A report shall must cover the period 
 40.16  from the last day covered by the previous report to seven 
 40.17  days prior to before the filing date, except that the report due 
 40.18  on January 31 shall must cover the period from the last day 
 40.19  covered by the previous report to December 31. 
 40.20     Subd. 5.  [PREELECTION REPORTS.] In any a statewide 
 40.21  election any loan, contribution, or contributions from any one 
 40.22  source totaling $2,000 or more, or in any judicial district or 
 40.23  legislative election totaling more than $400, received between 
 40.24  the last day covered in the last report prior to before an 
 40.25  election and the election shall must be reported to the board in 
 40.26  one of the following ways: 
 40.27     (1) in person within 48 hours after its receipt; 
 40.28     (2) by telegram or mailgram within 48 hours after its 
 40.29  receipt; or 
 40.30     (3) by certified mail sent within 48 hours after its 
 40.31  receipt. 
 40.32     These loans and contributions must also be reported in the 
 40.33  next required report. 
 40.34     The 48-hour notice requirement does not apply with respect 
 40.35  to a primary if in which the statewide or legislative candidate 
 40.36  is unopposed in that primary. 
 41.1      Subd. 6.  [REPORTS BY INDIVIDUALS.] Every A candidate who 
 41.2   does not designate and cause to be formed a principal campaign 
 41.3   committee, and any an individual who makes independent 
 41.4   expenditures or expenditures expressly advocating the approval 
 41.5   or defeat of a ballot question in aggregate in excess of $100 in 
 41.6   any a year, shall file with the board a report containing the 
 41.7   information required by subdivision 3.  Reports required by this 
 41.8   subdivision shall must be filed on the dates on which reports by 
 41.9   committees and funds are filed. 
 41.10     Subd. 6a.  [INDEPENDENT EXPENDITURES.] Any An individual, 
 41.11  political committee, or political fund filing a report or 
 41.12  statement disclosing any an independent expenditure pursuant to 
 41.13  under subdivision 3 or 6 shall file with that the report a sworn 
 41.14  statement that the disclosed expenditures so disclosed were not 
 41.15  made with the authorization or expressed or implied consent of, 
 41.16  or in cooperation or in concert with, or at the request or 
 41.17  suggestion of any candidate, or any candidate's principal 
 41.18  campaign committee or agent. 
 41.19     Subd. 6b.  [INDEPENDENT EXPENDITURES; NOTICE.] (a) Within 
 41.20  24 hours after an individual, political committee, or political 
 41.21  fund makes or becomes obligated by oral or written agreement to 
 41.22  make an independent expenditure in excess of $100, other than an 
 41.23  expenditure by an association targeted to inform solely its own 
 41.24  dues-paying members of the association's position on a 
 41.25  candidate, the individual, political committee, or political 
 41.26  fund shall file with the board an affidavit notifying the board 
 41.27  of the intent to make the independent expenditure and serve a 
 41.28  copy of the affidavit on each candidate in the affected race and 
 41.29  on the treasurer of the candidate's principal campaign 
 41.30  committee.  The affidavit must contain the information with 
 41.31  respect to the expenditure that is required to be reported under 
 41.32  subdivision 3, paragraph (g); except that if an expenditure is 
 41.33  reported before it is made, the notice must include a reasonable 
 41.34  estimate of the anticipated amount.  Each new expenditure 
 41.35  requires a new notice. 
 41.36     (b) An individual or the treasurer of a political committee 
 42.1   or political fund who fails to give notice as required by this 
 42.2   subdivision, or who files a false affidavit of notice, is guilty 
 42.3   of a gross misdemeanor and is subject to a civil fine of up to 
 42.4   four times the amount of the independent expenditure stated in 
 42.5   the notice or of which notice was required, whichever is greater.
 42.6      Subd. 7.  [STATEMENT IN LIEU OF REPORT.] If no contribution 
 42.7   is received or expenditure made by or on behalf of a candidate, 
 42.8   political fund, or political committee during a reporting 
 42.9   period, the treasurer of the committee or fund shall file with 
 42.10  the board at the time required by this section a statement to 
 42.11  that effect. 
 42.12     Subd. 8.  [EXEMPTIONS AUTHORIZED.] The board shall exempt 
 42.13  any a member of or contributor to any an association, political 
 42.14  committee, or political fund, or any other individual, from the 
 42.15  provisions requirements of this section if the member, 
 42.16  contributor, or other individual demonstrates by clear and 
 42.17  convincing evidence that disclosure would expose the member or 
 42.18  contributor to economic reprisals, loss of employment, or threat 
 42.19  of physical coercion. 
 42.20     An association, political committee, or political fund may 
 42.21  seek an exemption for all of its members or contributors if it 
 42.22  demonstrates by clear and convincing evidence that a substantial 
 42.23  number of its members or contributors would suffer a restrictive 
 42.24  effect on their freedom of association if members were required 
 42.25  to seek exemptions individually. 
 42.26     Subd. 10.  [APPLICATION FOR EXEMPTION.] Any An individual, 
 42.27  association, political committee, or political fund seeking an 
 42.28  exemption pursuant to under subdivision 8 shall submit a written 
 42.29  application for exemption to the board.  The board, without 
 42.30  hearing, shall grant or deny the exemption within 30 days after 
 42.31  receiving an the application, and shall issue a written order 
 42.32  stating the reasons for its action.  The board shall publish its 
 42.33  order in the State Register and give notice to all parties known 
 42.34  to the board to have an interest in the matter.  If the board 
 42.35  receives a written objection to its action from any party within 
 42.36  20 days after publication of its order and notification of 
 43.1   interested parties, the board shall hold a contested case 
 43.2   hearing on the matter.  Upon the filing of a timely objection 
 43.3   from the applicant, an order denying an exemption shall be is 
 43.4   suspended pending the outcome of the contested case.  If no 
 43.5   timely objection is received, the exemption shall continue to be 
 43.6   continues in effect until a written objection is filed with the 
 43.7   board in a succeeding election year.  The board by rule shall 
 43.8   establish a procedure so that any an individual seeking an 
 43.9   exemption may proceed anonymously if the individual would be 
 43.10  exposed to the reprisals listed in subdivision 8 if the 
 43.11  individual's identity were to be revealed for the purposes of a 
 43.12  hearing. 
 43.13     Subd. 11.  [REPRISAL PROHIBITED; VIOLATIONS.] No A person 
 43.14  or association shall not engage in economic reprisals or 
 43.15  threaten loss of employment or physical coercion against any a 
 43.16  person or association because of that person's or association's 
 43.17  political contributions or political activity.  This subdivision 
 43.18  shall does not apply to compensation for employment or loss of 
 43.19  employment when if the political affiliation or viewpoint of the 
 43.20  employee is a bona fide occupational qualification of the 
 43.21  employment.  Any A person or association which that violates 
 43.22  this subdivision is guilty of a gross misdemeanor. 
 43.23     Subd. 12.  [FAILURE TO FILE.] The board shall notify by 
 43.24  certified mail or personal service any individual who fails to 
 43.25  file a statement required by this section.  If an individual 
 43.26  fails to file a statement due January 31 within seven days after 
 43.27  receiving a notice, the board may impose a late filing fee of $5 
 43.28  per day, not to exceed $100, commencing on the eighth day after 
 43.29  receiving notice.  If an individual fails to file a statement 
 43.30  due before any a primary or election within three days of after 
 43.31  the date due, regardless of whether the individual has received 
 43.32  any notice, the board may impose a late filing fee of $50 per 
 43.33  day, not to exceed $500, commencing on the fourth day after the 
 43.34  date the statement was due.  The board shall further notify by 
 43.35  certified mail or personal service any an individual who fails 
 43.36  to file any a statement within 14 days after receiving a first 
 44.1   notice from the board that the individual may be subject to a 
 44.2   criminal penalty for failure to file a statement.  An individual 
 44.3   who knowingly fails to file the statement within seven days 
 44.4   after receiving a second notice from the board is guilty of a 
 44.5   misdemeanor. 
 44.6      Subd. 13.  [THIRD-PARTY REIMBURSEMENT.] An individual, 
 44.7   political committee, or political fund filing a report 
 44.8   disclosing an expenditure or noncampaign disbursement that must 
 44.9   be reported and itemized under subdivision 3, paragraph (g) or 
 44.10  (l), that is a reimbursement to a third party is required to 
 44.11  must report the purpose of each expenditure or disbursement for 
 44.12  which the third party is being reimbursed.  An expenditure or 
 44.13  disbursement is a reimbursement to a third party if it is for 
 44.14  goods or services that were not directly provided by the 
 44.15  individual or association to whom the expenditure or 
 44.16  disbursement is made.  Third-party reimbursements include 
 44.17  payments to credit card companies and reimbursement of 
 44.18  individuals for expenses they have incurred. 
 44.19     Subd. 14.  [REPORTS BY SOLICITORS.] An individual, 
 44.20  association, political committee, or political fund, other than 
 44.21  a candidate or the members of a candidate's principal campaign 
 44.22  committee, that directly solicits and causes others to make 
 44.23  contributions to candidates or a caucus of the members of a 
 44.24  political party in a house of the legislature, that aggregate 
 44.25  more than $5,000: 
 44.26     (1) between January 1 of a general election year and 17 
 44.27  days before the primary election; 
 44.28     (2) between January 1 of a general election year and 17 
 44.29  days before the general election; or 
 44.30     (3) in a calendar year; 
 44.31  must file with the board a report disclosing the amount of each 
 44.32  contribution, the names of the contributors, and to whom the 
 44.33  contributions were given.  The reports under clauses (1) and (2) 
 44.34  must be included in the reports due ten days before the primary 
 44.35  and general election, respectively.  The report for each 
 44.36  calendar year must be filed with the board by January 31 of the 
 45.1   following year.  The report must cover the accumulated 
 45.2   contributions made or received during the calendar year. 
 45.3      Sec. 20.  Minnesota Statutes 1996, section 10A.21, 
 45.4   subdivision 3, is amended to read: 
 45.5      Subd. 3.  [AVAILABLE TO PUBLIC.] Statements and reports 
 45.6   filed with a county auditor shall must be available to the 
 45.7   public in the manner prescribed by section 10A.02, subdivision 
 45.8   8, clause (e).  Statements and reports of principal campaign 
 45.9   committees shall must be retained until four years after the 
 45.10  election to which they pertain.  Economic interest 
 45.11  statements shall must be retained until the subject of the 
 45.12  statement is no longer a candidate or officeholder. 
 45.13     Sec. 21.  Minnesota Statutes 1996, section 10A.22, is 
 45.14  amended to read: 
 45.15     10A.22 [REPORTS AND STATEMENTS.] 
 45.16     Subdivision 1.  [CERTIFICATION.] A report or statement 
 45.17  required by sections 10A.11 to 10A.34 to be filed by a treasurer 
 45.18  of a political committee or political fund, or by any other 
 45.19  individual, shall must be signed and certified as true by the 
 45.20  individual required to file the report.  Any An individual who 
 45.21  signs and certifies to be true a report or statement knowing it 
 45.22  contains false information or who knowingly omits required 
 45.23  information is guilty of a gross misdemeanor. 
 45.24     Subd. 4.  [LISTED BY SOURCE; REFUSAL.] (a) The treasurer 
 45.25  shall list contributions from the same source under the same 
 45.26  name.  When a contribution received from any a source in a 
 45.27  reporting period is added to previously reported unitemized 
 45.28  contributions from the same source and the aggregate exceeds the 
 45.29  disclosure threshold of section 10A.20, the name, address, and 
 45.30  employer, or occupation if self-employed, of that source shall 
 45.31  must then be listed on the prescribed schedule. 
 45.32     (b) A candidate may refuse to accept any contribution. 
 45.33     Subd. 5.  [ALLOCATION TO CANDIDATES.] A political committee 
 45.34  or political fund making an expenditure on behalf of more than 
 45.35  one candidate for state or legislative office shall allocate the 
 45.36  expenditure among the candidates on a reasonable cost basis and 
 46.1   report the allocation for each candidate. 
 46.2      Subd. 6.  [DOCUMENTATION; VIOLATIONS.] Each A person 
 46.3   required to file any a report or statement shall maintain 
 46.4   records on the matters required to be reported, including 
 46.5   vouchers, canceled checks, bills, invoices, worksheets, and 
 46.6   receipts, which that will provide in sufficient detail the 
 46.7   necessary information from which the filed reports and 
 46.8   statements may be verified, explained, clarified, and checked 
 46.9   for accuracy and completeness.  The person shall keep the 
 46.10  records available for audit, inspection, or examination by the 
 46.11  board or its authorized representatives for four years from the 
 46.12  date of filing of the reports or statements or of changes or 
 46.13  corrections thereto to them.  Any A person who knowingly 
 46.14  violates any provisions of this subdivision is guilty of a 
 46.15  misdemeanor. 
 46.16     Subd. 7.  [STATEMENT REQUIRED; PENALTY.] (a) The treasurer 
 46.17  of a political committee or political fund shall not accept a 
 46.18  contribution of more than $100 from an association not 
 46.19  registered in this state unless the contribution is accompanied 
 46.20  by a written statement which that meets the disclosure and 
 46.21  reporting period requirements imposed by section 10A.20.  This 
 46.22  statement shall must be certified as true and correct by an 
 46.23  officer of the contributing association.  The political 
 46.24  committee or political fund which that accepts the contribution 
 46.25  shall include a copy of the statement with the report which that 
 46.26  discloses the contribution to the board.  The provisions of This 
 46.27  subdivision shall does not apply when a national political party 
 46.28  transfers contributes money to its affiliate in this state. 
 46.29     (b) An unregistered association may provide the written 
 46.30  statement required by this subdivision to no more than three 
 46.31  political committees or political funds in any a calendar year.  
 46.32  Each statement must cover at least the 30 days immediately 
 46.33  preceding and including the date on which the contribution was 
 46.34  made.  An unregistered association or an officer of it is 
 46.35  subject to a civil penalty up to $1,000 if the association or 
 46.36  its officer: 
 47.1      (1) fails to provide a written statement as required by 
 47.2   this subdivision; or 
 47.3      (2) fails to register after giving the written statement 
 47.4   required by this subdivision to more than three political 
 47.5   committees or political funds in any a calendar year. 
 47.6      An officer of an association who violates this paragraph is 
 47.7   guilty of a misdemeanor. 
 47.8      Sec. 22.  Minnesota Statutes 1996, section 10A.23, is 
 47.9   amended to read: 
 47.10     10A.23 [CHANGES AND CORRECTIONS.] 
 47.11     Any Material changes in information previously submitted 
 47.12  and any corrections to a report or statement shall must be 
 47.13  reported in writing to the board within ten days following the 
 47.14  date of the event prompting the change or the date upon which 
 47.15  the person filing became aware of the inaccuracy.  The change or 
 47.16  correction shall must identify the form and the paragraph 
 47.17  containing the information to be changed or corrected.  Any A 
 47.18  person who willfully fails to report a material change or 
 47.19  correction is guilty of a gross misdemeanor. 
 47.20     Sec. 23.  Minnesota Statutes 1996, section 10A.24, is 
 47.21  amended to read: 
 47.22     10A.24 [DISSOLUTION OR TERMINATION.] 
 47.23     Subdivision 1.  [TERMINATION REPORT.] No A political 
 47.24  committee or political fund shall may not dissolve until it has 
 47.25  settled all of its debts and disposed of all its assets in 
 47.26  excess of $100 and filed a termination report.  "Assets" include 
 47.27  credit balances at vendors and physical assets such as computers 
 47.28  and postage stamps.  Physical assets must be listed at their 
 47.29  fair market value.  The termination report may be made at any 
 47.30  time and shall must include all information required in periodic 
 47.31  reports.  
 47.32     Subd. 2.  [TERMINATION ALLOWED.] Notwithstanding 
 47.33  subdivision 1, after mailing notice to any remaining creditors 
 47.34  by certified mail, a political committee or political fund that 
 47.35  has debts incurred more than six years previously, has disposed 
 47.36  of all its assets, and has met the requirements of section 
 48.1   10A.20, subdivision 7, may notify any remaining creditors by 
 48.2   certified mail and then file a termination report. 
 48.3      Sec. 24.  Minnesota Statutes 1996, section 10A.241, is 
 48.4   amended to read: 
 48.5      10A.241 [TRANSFER OF DEBTS.] 
 48.6      Notwithstanding any provisions of this chapter to the 
 48.7   contrary except as provided in this section 10A.24, a candidate 
 48.8   may terminate the candidate's principal campaign committee for 
 48.9   one state office by transferring any debts of that committee to 
 48.10  the candidate's principal campaign committee for another state 
 48.11  office, provided that any if all outstanding unpaid bills or 
 48.12  loans from the committee being terminated are assumed and 
 48.13  continuously reported by the committee to which the transfer is 
 48.14  being made until paid or forgiven.  A loan that is forgiven is 
 48.15  covered by section 10A.20 and, for purposes of section 10A.324, 
 48.16  is a contribution to the principal campaign committee from which 
 48.17  the debt was transferred under this section. 
 48.18     Sec. 25.  Minnesota Statutes 1996, section 10A.25, is 
 48.19  amended to read: 
 48.20     10A.25 [SPENDING LIMITS ON CAMPAIGN EXPENDITURES.] 
 48.21     Subdivision 1.  [LIMITS ARE VOLUNTARY.] For the purposes of 
 48.22  sections 10A.11 to 10A.34 a candidate for governor and a 
 48.23  candidate for lieutenant governor, running together, shall be 
 48.24  deemed to be a single candidate.  Except as provided in 
 48.25  subdivision 3, all expenditures made by and all approved 
 48.26  expenditures made on behalf of the candidate for lieutenant 
 48.27  governor shall be considered to be expenditures by and approved 
 48.28  expenditures on behalf of the candidate for governor. The 
 48.29  expenditure limits imposed by this section apply only to a 
 48.30  candidate who has signed an agreement under section 10A.322 to 
 48.31  be bound by them as a condition of receiving a public subsidy 
 48.32  for the candidate's campaign. 
 48.33     Subd. 2.  [AMOUNTS.] (a) In a year in which an election is 
 48.34  held for an office sought by a candidate, no expenditures shall 
 48.35  be made by the principal campaign committee of that the 
 48.36  candidate, shall not make campaign expenditures nor any permit 
 49.1   approved expenditures to be made on behalf of that the candidate 
 49.2   which expenditures and approved expenditures that result in an 
 49.3   aggregate amount expenditures in excess of the following: 
 49.4      (1) for governor and lieutenant governor, running together, 
 49.5   $1,626,691; 
 49.6      (2) for attorney general, $271,116; 
 49.7      (3) for secretary of state, state treasurer, and state 
 49.8   auditor, separately, $135,559; 
 49.9      (4) for state senator, $40,669; 
 49.10     (5) for state representative, $20,335. 
 49.11     (b) In addition to the amount in paragraph (a), clause (1), 
 49.12  a candidate for endorsement for the office of lieutenant 
 49.13  governor at the convention of a political party may make 
 49.14  campaign expenditures and approved expenditures of five percent 
 49.15  of that amount to seek endorsement.  
 49.16     (c) If a special election cycle occurs during a general 
 49.17  election cycle, expenditures by or on behalf of a candidate in 
 49.18  the special election do not count as expenditures by or on 
 49.19  behalf of the candidate in the general election. 
 49.20     (c) (d) The expenditure limits in this subdivision for an 
 49.21  office are increased by ten percent for a candidate who is 
 49.22  running for that office for the first time and who has not run 
 49.23  previously for any other office whose territory now includes a 
 49.24  population that is more than one-third of the population in the 
 49.25  territory of the new office. 
 49.26     Subd. 2a.  [AGGREGATED EXPENDITURES.] If a candidate makes 
 49.27  expenditures from more than one principal campaign committee for 
 49.28  nomination or election to statewide office in the same election 
 49.29  year, the amount of expenditures from all of the candidate's 
 49.30  principal campaign committees for statewide office for that 
 49.31  election year must be aggregated for purposes of the application 
 49.32  of applying the limits on campaign expenditures under 
 49.33  subdivision 2, clauses (a) to (c). 
 49.34     Subd. 3.  [GOVERNOR AND LIEUTENANT GOVERNOR A SINGLE 
 49.35  CANDIDATE.] Notwithstanding subdivision 2, clause (a), a 
 49.36  candidate for endorsement for the office of lieutenant governor 
 50.1   at the convention of a political party may make expenditures and 
 50.2   approved expenditures of $30,000 or five percent of the amount 
 50.3   in subdivision 2, clause (a), whichever is greater, to seek 
 50.4   endorsement.  This amount shall be in addition to the amount 
 50.5   which may be expended pursuant to subdivision 2, clause 
 50.6   (a).  For the purposes of sections 10A.11 to 10A.34, a candidate 
 50.7   for governor and a candidate for lieutenant governor, running 
 50.8   together, are considered a single candidate.  Except as provided 
 50.9   in subdivision 2, paragraph (b), all expenditures made by or all 
 50.10  approved expenditures made on behalf of the candidate for 
 50.11  lieutenant governor are considered to be expenditures by or 
 50.12  approved expenditures on behalf of the candidate for governor. 
 50.13     Subd. 4.  The limits prescribed in this section shall not 
 50.14  apply to any expenditure or approved expenditure made or advance 
 50.15  of credit incurred before February 28, 1978 unless the goods or 
 50.16  services for which they were made or incurred are consumed or 
 50.17  used after February 28, 1978. 
 50.18     Subd. 5.  [CONTESTED PRIMARY RACES.] Notwithstanding the 
 50.19  limits imposed by subdivision 2, the winning candidate in a 
 50.20  contested race in a primary who received fewer than twice as 
 50.21  many votes as any one of the candidate's opponents in that 
 50.22  primary may make aggregate expenditures and permit approved 
 50.23  expenditures to be made on behalf of the candidate equal to 120 
 50.24  percent of the applicable amount limit as set forth in 
 50.25  subdivision 2, as adjusted by section 10A.255.  A candidate in a 
 50.26  contested primary race may not, under this subdivision, make 
 50.27  aggregate expenditures and approved expenditures of but no more 
 50.28  than 100 percent of the expenditure limits imposed by 
 50.29  subdivision 2 limit until after the primary. 
 50.30     Subd. 6. [NONELECTION YEARS.] During an election cycle, in 
 50.31  any year before an the election year for the office held or 
 50.32  sought by the candidate, the aggregate amount of a candidate 
 50.33  shall not make campaign expenditures by and nor permit approved 
 50.34  expenditures to be made on behalf of a the candidate for or 
 50.35  holder of that office shall not exceed 20 percent of the 
 50.36  expenditure limit set forth in subdivision 2. 
 51.1      Subd. 7.  [PUBLICATION.] On or before December 31 of each 
 51.2   nonelection year the board shall determine and publish in the 
 51.3   State Register the expenditure limits for each office for the 
 51.4   next calendar year as prescribed by subdivision 2. 
 51.5      Subd. 10.  [EFFECT OF OPPONENT'S CONDUCT.] (a) A candidate 
 51.6   who has agreed to be bound by the expenditure limits imposed by 
 51.7   this section as a condition of receiving a public subsidy for 
 51.8   the candidate's campaign is released from the expenditure limits 
 51.9   but remains eligible to receive a public subsidy if the 
 51.10  candidate has an opponent who does not agree to be bound by the 
 51.11  limits and receives contributions or makes or becomes obligated 
 51.12  to make expenditures during that election cycle in excess of the 
 51.13  following limits: 
 51.14     (1) up to ten days before the primary election, receipts or 
 51.15  expenditures equal to 20 percent of the expenditure limit for 
 51.16  that office as set forth in subdivision 2; or 
 51.17     (2) after ten days before the primary election, cumulative 
 51.18  receipts or expenditures during that election cycle equal to 50 
 51.19  percent of the expenditure limit for that office as set forth in 
 51.20  subdivision 2. 
 51.21     (b) A candidate who has not agreed to be bound by 
 51.22  expenditure limits, or the candidate's principal campaign 
 51.23  committee, shall file written notice with the board and provide 
 51.24  written notice to any opponent of the candidate for the same 
 51.25  office within 24 hours of exceeding the limits in paragraph (a), 
 51.26  clause (2).  The notice must state only that the candidate or 
 51.27  candidate's principal campaign committee has received 
 51.28  contributions or made or become obligated to make campaign 
 51.29  expenditures in excess of the limits in paragraph (a), clause 
 51.30  (2).  Upon receipt of the notice, the candidate who has had 
 51.31  agreed to be bound by the limits is no longer bound by the 
 51.32  expenditure limits. 
 51.33     Subd. 11.  [CARRYFORWARD; DISPOSITION OF OTHER FUNDS.] 
 51.34  After all campaign expenditures and noncampaign disbursements 
 51.35  for an election cycle have been made, an amount up to 50 percent 
 51.36  of the election year expenditure limit for the office may be 
 52.1   carried forward.  Any remaining amount up to the total amount of 
 52.2   the public subsidy from the state elections campaign fund and 
 52.3   any public matching subsidy must be returned to the state 
 52.4   treasury for credit to the general fund under section 10A.324.  
 52.5   Any remaining amount in excess of the total public subsidy must 
 52.6   be contributed to the state elections campaign fund or a 
 52.7   political party for multicandidate expenditures as defined in 
 52.8   section 10A.275. 
 52.9      Subd. 12.  [UNUSED POSTAGE AND CREDIT BALANCES CARRIED 
 52.10  FORWARD.] Postage that is purchased but not used during an 
 52.11  election cycle and credit balances at vendors that exceed a 
 52.12  combined total of $500 must be carried forward and counted as 
 52.13  expenditures during the election cycle during which they are 
 52.14  used. 
 52.15     Subd. 13.  [INDEPENDENT EXPENDITURES; LIMITS INCREASED.] 
 52.16  (a) The expenditure limits in this section are increased by the 
 52.17  sum of independent expenditures made in opposition to a 
 52.18  candidate plus independent expenditures made on behalf of the 
 52.19  candidate's major political party opponents, other than 
 52.20  expenditures by an association targeted to inform solely its own 
 52.21  dues-paying members of the association's position on a candidate.
 52.22     (b) Within 48 hours after receipt of an expenditure report 
 52.23  or notice required by section 10A.20, subdivision 3, 6, or 6b, 
 52.24  the board shall notify each candidate in the race of the 
 52.25  increase in the expenditure limit for the candidates against 
 52.26  whom the independent expenditures have been made. 
 52.27     (c) Within three days after providing this notice, the 
 52.28  board shall pay each candidate against whom the independent 
 52.29  expenditures have been made, if the candidate is eligible to 
 52.30  receive a public subsidy and has raised twice the minimum match 
 52.31  required, an additional public subsidy equal to one-half the 
 52.32  independent expenditures.  The amount needed to pay the 
 52.33  additional public subsidy under this subdivision is appropriated 
 52.34  from the general fund to the board. 
 52.35     Sec. 26.  Minnesota Statutes 1996, section 10A.255, 
 52.36  subdivision 1, is amended to read: 
 53.1      Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
 53.2   provided in section 10A.25, subdivision 2, must be adjusted for 
 53.3   general election years as provided in this section.  By June 1 
 53.4   of the general election year, the executive director of the 
 53.5   board shall determine the percentage increase in the consumer 
 53.6   price index from December of the year preceding the last general 
 53.7   election year to December of the year preceding the year in 
 53.8   which the determination is made.  The dollar amounts used for 
 53.9   the preceding general election year must be multiplied by that 
 53.10  percentage.  The product of the calculation must be added to 
 53.11  each dollar amount to produce the dollar limitations to be in 
 53.12  effect for the next general election.  The product must be 
 53.13  rounded up to the next highest whole dollar one-hundred dollar 
 53.14  increment.  The index used must be the revised consumer price 
 53.15  index for all urban consumers for the St. Paul-Minneapolis 
 53.16  metropolitan area prepared by the United States Department of 
 53.17  Labor with 1982 as a base year. 
 53.18     Sec. 27.  Minnesota Statutes 1996, section 10A.265, is 
 53.19  amended to read: 
 53.20     10A.265 [FREEDOM TO ASSOCIATE AND COMMUNICATE.] 
 53.21     Nothing in this chapter shall may be construed as abridging 
 53.22  to abridge the right of an association to communicate with its 
 53.23  members. 
 53.24     Sec. 28.  Minnesota Statutes 1996, section 10A.27, is 
 53.25  amended to read: 
 53.26     10A.27 [ADDITIONAL LIMITATIONS CONTRIBUTION LIMITS.] 
 53.27     Subdivision 1.  [CONTRIBUTION LIMITS.] (a) Except as 
 53.28  provided in subdivision 2, no a candidate shall not permit the 
 53.29  candidate's principal campaign committee to accept aggregate 
 53.30  contributions made or delivered by any individual, political 
 53.31  committee, or political fund in excess of the following: 
 53.32     (a) (1) to candidates for governor and lieutenant governor 
 53.33  running together, $2,000 in an election year for the office 
 53.34  sought and $500 in other years; 
 53.35     (b) (2) to a candidate for attorney general, $1,000 in an 
 53.36  election year for the office sought and $200 in other years; 
 54.1      (c) (3) to a candidate for the office of secretary of 
 54.2   state, state treasurer or state auditor, $500 in an election 
 54.3   year for the office sought and $100 in other years; 
 54.4      (d) (4) to a candidate for state senator, $500 in an 
 54.5   election year for the office sought and $100 in other years; and 
 54.6      (e) (5) to a candidate for state representative, $500 in an 
 54.7   election year for the office sought and $100 in the other year. 
 54.8      (b) The following deliveries are not subject to the 
 54.9   bundling limitation in this subdivision: 
 54.10     (1) delivery of contributions collected by a member of the 
 54.11  candidate's principal campaign committee, such as a block worker 
 54.12  or a volunteer who hosts a fund raising event, to the 
 54.13  committee's treasurer; and 
 54.14     (2) a delivery made by an individual on behalf of the 
 54.15  individual's spouse.  
 54.16     Subd. 2.  [POLITICAL PARTY LIMIT.] No A candidate shall not 
 54.17  permit the candidate's principal campaign committee to accept 
 54.18  contributions from any political party units in aggregate in 
 54.19  excess of ten times the amount that may be contributed to that 
 54.20  candidate as set forth in subdivision 1. 
 54.21     Subd. 4.  For the purposes of this section, a political 
 54.22  party means the aggregate of the party organization within each 
 54.23  house of the legislature, the state party organization, and the 
 54.24  party organization within congressional districts, counties, 
 54.25  legislative districts, municipalities, and precincts. 
 54.26     Subd. 5.  [INDEPENDENT EXPENDITURES.] Nothing in This 
 54.27  section shall be construed as limiting does not limit 
 54.28  independent expenditures on behalf of a candidate. 
 54.29     Subd. 7.  Contributions and approved expenditures made 
 54.30  prior to February 28, 1978 which are in excess of the limits 
 54.31  imposed by this section shall not be in violation of this 
 54.32  section but shall be disclosed as required by this chapter. 
 54.33     Subd. 8.  [EXCESS LOANS PROHIBITED.] No A candidate shall 
 54.34  not permit the candidate's principal campaign committee to 
 54.35  accept a loan from other than a financial institution for an 
 54.36  amount in excess of the contribution limits imposed by this 
 55.1   section.  No A candidate shall not permit the candidate's 
 55.2   principal campaign committee to accept any a loan from a 
 55.3   financial institution for which that the financial institution 
 55.4   may hold any an endorser of that the loan liable to pay any 
 55.5   an amount in excess of the amount that the endorser may 
 55.6   contribute to that candidate. 
 55.7      Subd. 9.  [CONTRIBUTIONS TO AND FROM OTHER CANDIDATES.] (a) 
 55.8   A candidate or the treasurer of a candidate's principal campaign 
 55.9   committee shall not accept a transfer or contribution from 
 55.10  another candidate's principal campaign committee or from any 
 55.11  other committee bearing the contributing candidate's name or 
 55.12  title or otherwise authorized by the contributing candidate, 
 55.13  unless the contributing candidate's principal campaign committee 
 55.14  is being dissolved.  A candidate's principal campaign committee 
 55.15  shall not make a transfer or contribution to another candidate's 
 55.16  principal campaign committee, except when the contributing 
 55.17  committee is being dissolved.  
 55.18     (b) A candidate's principal campaign committee shall not 
 55.19  accept a transfer or contribution from, or make a transfer or 
 55.20  contribution to, a committee associated with a person who seeks 
 55.21  nomination or election to the office of President, Senator, or 
 55.22  Representative in Congress of the United States. 
 55.23     (c) A candidate or the treasurer of a candidate's principal 
 55.24  campaign committee shall not accept a contribution from a 
 55.25  candidate for political subdivision office in any state, unless 
 55.26  the contribution is from the personal funds of the candidate for 
 55.27  political subdivision office.  A candidate or the treasurer of a 
 55.28  candidate's principal campaign committee shall not make a 
 55.29  contribution from the principal campaign committee to a 
 55.30  candidate for political subdivision office in any state. 
 55.31     Subd. 10.  [PROHIBITED LIMITED PERSONAL CONTRIBUTIONS.] A 
 55.32  candidate who accepts a public subsidy may not contribute to the 
 55.33  candidate's own campaign during a year more than ten times the 
 55.34  candidate's election year contribution limit under subdivision 1.
 55.35     Subd. 11.  [CONTRIBUTIONS FROM CERTAIN TYPES OF 
 55.36  CONTRIBUTORS.] A candidate shall not permit the candidate's 
 56.1   principal campaign committee to accept a contribution from a 
 56.2   political committee other than that is not a political party 
 56.3   unit as defined in section 10A.275, or from a political fund, a 
 56.4   lobbyist, or a large giver, if the contribution will cause the 
 56.5   aggregate contributions from those types of contributors to 
 56.6   exceed an amount equal to 20 percent of the expenditure limits 
 56.7   for the office sought by the candidate.  For purposes of this 
 56.8   subdivision, "large giver" means an individual, other than the 
 56.9   candidate, who contributes an amount that is more than $100 and 
 56.10  more than one-half the amount an individual may contribute. 
 56.11     Subd. 12.  [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR 
 56.12  FUNDS.] The treasurer of a political committee or political 
 56.13  fund, other than a candidate's principal campaign committee or a 
 56.14  political party unit as defined in section 10A.275, shall not 
 56.15  permit the political committee or political fund to accept 
 56.16  aggregate contributions from an individual, political committee, 
 56.17  or political fund in an amount more than $100 a year. 
 56.18     Sec. 29.  Minnesota Statutes 1996, section 10A.275, 
 56.19  subdivision 1, is amended to read: 
 56.20     Subdivision 1.  [EXCEPTIONS.] Notwithstanding any other 
 56.21  provisions of this chapter, the following expenditures by a 
 56.22  state political party, a party unit, or two or more party units 
 56.23  acting together, with at least one party unit being either:  the 
 56.24  state party organization or the party organization within a 
 56.25  congressional district, county, or legislative district, shall 
 56.26  are not be considered contributions to or expenditures on behalf 
 56.27  of any a candidate for the purposes of section 10A.25 or 10A.27, 
 56.28  and shall must not be allocated to any candidates pursuant to 
 56.29  under section 10A.22, subdivision 5: 
 56.30     (a) (1) expenditures on behalf of candidates of that party 
 56.31  generally without referring to any of them specifically in any 
 56.32  advertisement a published, posted, or broadcast advertisement; 
 56.33     (b) (2) expenditures for the preparation, display, mailing, 
 56.34  or other distribution of an official party sample ballot listing 
 56.35  the names of three or more individuals whose names are to appear 
 56.36  on the ballot; 
 57.1      (c) (3) expenditures for any a telephone conversation 
 57.2   including the names of three or more individuals whose names are 
 57.3   to appear on the ballot; 
 57.4      (d) (4) expenditures for any a political party fundraising 
 57.5   effort on behalf of three or more candidates; or 
 57.6      (e) (5) expenditures for party committee staff member 
 57.7   services that benefit three or more candidates.  
 57.8      Sec. 30.  Minnesota Statutes 1996, section 10A.28, is 
 57.9   amended to read: 
 57.10     10A.28 [PENALTY FOR EXCEEDING LIMITS.] 
 57.11     Subdivision 1.  [CANDIDATE EXCEEDING EXPENDITURE LIMITS.] A 
 57.12  candidate subject to the expenditure limits in section 10A.25 
 57.13  who permits the candidate's principal campaign committee to make 
 57.14  expenditures or permits approved expenditures to be made on the 
 57.15  candidate's behalf in excess of the limits imposed by section 
 57.16  10A.25, as adjusted by section 10A.255, is subject to a civil 
 57.17  fine up to four times the amount by which the expenditures 
 57.18  exceeded the limit. 
 57.19     Subd. 2.  [EXCEEDING CONTRIBUTION LIMITS.] A candidate who 
 57.20  permits the candidate's principal campaign committee to accept 
 57.21  contributions in excess of the limits imposed by section 10A.27, 
 57.22  and the treasurer of a political fund or political committee, 
 57.23  other than a principal campaign committee, who permits the 
 57.24  committee or fund to accept contributions in excess of the 
 57.25  limits imposed by section 10A.27, shall be is subject to a civil 
 57.26  fine of up to four times the amount by which the contribution 
 57.27  exceeded the limits. 
 57.28     Subd. 3.  [CONCILIATION.] If the board finds that there is 
 57.29  reason to believe that excess expenditures have been made or 
 57.30  excess contributions accepted contrary to the provisions of 
 57.31  subdivision 1 or 2, the board shall make every effort for a 
 57.32  period of not less than at least 14 days after its finding to 
 57.33  correct the matter by informal methods of conference and 
 57.34  conciliation and to enter a conciliation agreement with the 
 57.35  person involved.  A conciliation agreement made pursuant to 
 57.36  under this subdivision shall be is a matter of public record.  
 58.1   Unless violated, a conciliation agreement shall be is a bar to 
 58.2   any civil proceeding under subdivision 4. 
 58.3      Subd. 4.  [PROBABLE CAUSE.] If the board is unable after a 
 58.4   reasonable time to correct by informal methods any a matter 
 58.5   which that constitutes probable cause to believe that excess 
 58.6   expenditures have been made or excess contributions accepted 
 58.7   contrary to subdivision 1 or 2, the board shall make a public 
 58.8   finding of probable cause in the matter.  After making a public 
 58.9   finding, the board shall bring an action, or transmit the 
 58.10  finding to a county attorney who shall bring an action, in the 
 58.11  district court of Ramsey county or, in the case of a legislative 
 58.12  candidate, the district court of a county within the legislative 
 58.13  district, to impose collect a civil fine as prescribed imposed 
 58.14  by the board pursuant to under subdivision 1 or 2.  All money 
 58.15  recovered pursuant to under this section shall must be deposited 
 58.16  in the general fund of the state. 
 58.17     Sec. 31.  Minnesota Statutes 1996, section 10A.29, is 
 58.18  amended to read: 
 58.19     10A.29 [CIRCUMVENTION PROHIBITED.] 
 58.20     Any attempt by an individual or association to circumvent 
 58.21  the provisions of this chapter by redirecting funds a 
 58.22  contribution through, or contributing funds making a 
 58.23  contribution on behalf of, another individual or association is 
 58.24  a gross misdemeanor. 
 58.25     Sec. 32.  Minnesota Statutes 1996, section 10A.30, 
 58.26  subdivision 1, is amended to read: 
 58.27     Subdivision 1.  [ESTABLISHED.] There is hereby established 
 58.28  An account within is established in the special revenue fund of 
 58.29  the state to be known as the "state elections campaign fund." 
 58.30     Sec. 33.  Minnesota Statutes 1996, section 10A.31, is 
 58.31  amended to read: 
 58.32     10A.31 [DESIGNATION OF INCOME TAX PAYMENTS.] 
 58.33     Subdivision 1.  [DESIGNATION.] Every An individual resident 
 58.34  of Minnesota this state who files an income tax return or a 
 58.35  renter and homeowner property tax refund return with the 
 58.36  commissioner of revenue may designate on their original return 
 59.1   that $5 shall be paid from the general fund of the state into 
 59.2   the state elections campaign fund.  If a husband and wife file a 
 59.3   joint return, each spouse may designate that $5 shall be paid.  
 59.4   No individual shall be is allowed to designate $5 more than once 
 59.5   in any year.  The taxpayer may designate that the amount be paid 
 59.6   into the account of a political party or into the general 
 59.7   account.  
 59.8      Subd. 2.  The taxpayer may designate that the amount 
 59.9   designated be paid into the account of a political party or into 
 59.10  the general account. 
 59.11     Subd. 3.  [FORM.] The commissioner of the department of 
 59.12  revenue shall provide on the first page of the income tax form 
 59.13  and the renter and homeowner property tax refund return a space 
 59.14  for the individual to indicate a wish to allocate pay $5 ($10 if 
 59.15  filing a joint return) from the general fund of the state to 
 59.16  finance election campaigns.  The form shall must also contain 
 59.17  language prepared by the commissioner which that permits the 
 59.18  individual to direct the state to allocate pay the $5 (or $10 if 
 59.19  filing a joint return) to:  (i) (1) one of the major political 
 59.20  parties; (ii) (2) any minor political party as defined in 
 59.21  section 10A.01, subdivision 13, which that qualifies under the 
 59.22  provisions of subdivision 3a; or (iii) (3) all qualifying 
 59.23  candidates as provided by subdivision 7.  The renter and 
 59.24  homeowner property tax refund return shall must include 
 59.25  instructions that the individual filing the return may designate 
 59.26  $5 on the return only if the individual has not designated $5 on 
 59.27  the income tax return. 
 59.28     Subd. 3a.  [QUALIFICATION OF POLITICAL PARTIES.] (a) A 
 59.29  major political party as defined in section 10A.01, subdivision 
 59.30  12, qualifies for inclusion on the income tax form and property 
 59.31  tax refund return as provided in subdivision 3, provided that if 
 59.32  it qualifies as a major political party by July 1 of the taxable 
 59.33  year. 
 59.34     (b) A minor political party as defined in section 10A.01, 
 59.35  subdivision 13 qualifies for inclusion on the income tax form 
 59.36  and property tax refund return as provided in subdivision 3, 
 60.1   provided that 
 60.2      (1)(a) if a petition is filed, it is filed by June 1 of the 
 60.3   taxable year; or 
 60.4      (b) if the party ran a candidate for statewide office, that 
 60.5   office must have been the office of governor and lieutenant 
 60.6   governor, secretary of state, state auditor, state treasurer, or 
 60.7   attorney general; and 
 60.8      (2) if the secretary of state certifies to the commissioner 
 60.9   of revenue by July 1, 1984, and by July 1 of every odd-numbered 
 60.10  the taxable year thereafter the parties which qualify as minor 
 60.11  political parties under this subdivision.  
 60.12     A minor party shall be certified only if the secretary of 
 60.13  state determines that the party satisfies the following 
 60.14  conditions:  
 60.15     (a) (1) the party meets the requirements of section 10A.01, 
 60.16  subdivision 13, and in the last applicable general election, the 
 60.17  party ran a candidate for the statewide offices listed in clause 
 60.18  (1)(b) of this subdivision office of governor and lieutenant 
 60.19  governor, secretary of state, state auditor, state treasurer, or 
 60.20  attorney general, who received votes in each county that in the 
 60.21  aggregate total at least one percent of the total number of 
 60.22  individuals who voted in the election; 
 60.23     (b) (2) it is a political party, not a principal campaign 
 60.24  committee; and 
 60.25     (c) (3) it has held a state convention in the last two 
 60.26  years, adopted a state constitution, and elected state officers; 
 60.27  and 
 60.28     (d) an officer of the party has filed with the secretary of 
 60.29  state a certification that the party held a state convention in 
 60.30  the last two years, adopted a state constitution, and elected 
 60.31  state officers to that effect. 
 60.32     Subd. 4.  [APPROPRIATIONS.] (a) The amounts designated by 
 60.33  individuals for the state elections campaign fund, less three 
 60.34  percent, are appropriated from the general fund and shall, must 
 60.35  be transferred and credited to the appropriate account in the 
 60.36  state elections campaign fund, and are annually appropriated for 
 61.1   distribution as set forth in subdivisions 5, 5a, 6, and 7.  An 
 61.2   amount equal to The remaining three percent shall must be 
 61.3   retained kept in the general fund for administrative costs.  
 61.4      (b) In addition to the amounts in paragraph (a), $1,500,000 
 61.5   for each general election is appropriated from the general 
 61.6   fund for transfer to the general account of the state elections 
 61.7   campaign fund. 
 61.8      Subd. 5.  [ALLOCATIONS.] (a) [GENERAL ACCOUNT.] In each 
 61.9   calendar year the money in the general account shall must be 
 61.10  allocated to candidates as follows: 
 61.11     (1) 21 percent for the offices of governor and lieutenant 
 61.12  governor together; 
 61.13     (2) 3.6 percent for the office of attorney general; 
 61.14     (3) 1.8 percent each for the offices of secretary of state, 
 61.15  state auditor, and state treasurer; 
 61.16     (4) in each calendar year during the period in which state 
 61.17  senators serve a four-year term, 23-1/3 percent for the office 
 61.18  of state senator, and 46-2/3 percent for the office of state 
 61.19  representative; and 
 61.20     (5) in each calendar year during the period in which state 
 61.21  senators serve a two-year term, 35 percent each for the offices 
 61.22  of state senator and state representative. 
 61.23     (b) [PARTY ACCOUNT.] In each calendar year the money in 
 61.24  each party account shall must be allocated as follows: 
 61.25     (1) 14 percent for the offices of governor and lieutenant 
 61.26  governor together; 
 61.27     (2) 2.4 percent for the office of attorney general; 
 61.28     (3) 1.2 percent each for the offices of secretary of state, 
 61.29  state auditor, and state treasurer; 
 61.30     (4) in each calendar year during the period in which state 
 61.31  senators serve a four-year term, 23-1/3 percent for the office 
 61.32  of state senator, and 46-2/3 percent for the office of state 
 61.33  representative; 
 61.34     (5) in each calendar year during the period in which state 
 61.35  senators serve a two-year term, 35 percent each for the offices 
 61.36  of state senator and state representative; and 
 62.1      (6) ten percent for the state committee of a political 
 62.2   party;. 
 62.3      Money allocated to each state committee under this clause 
 62.4   (6) must be deposited in a separate account and must be spent 
 62.5   for only those items enumerated in section 10A.275;.  Money 
 62.6   allocated to a state committee under this clause (6) must be 
 62.7   paid to the committee by the state treasurer as notified by the 
 62.8   state ethical practices board as it is received in the account 
 62.9   on a monthly basis, with payment on the 15th day of the calendar 
 62.10  month following the month in which the returns were processed by 
 62.11  the department of revenue, provided that these distributions 
 62.12  would be equal to 90 percent of the amount of money indicated in 
 62.13  the department of revenue's weekly unedited reports of income 
 62.14  tax returns and property tax refund returns processed in the 
 62.15  month, as notified by the department of revenue to the state 
 62.16  ethical practices board.  The amounts paid to each state 
 62.17  committee of a political party are subject to biennial 
 62.18  adjustment and settlement at the time of each certification 
 62.19  required of the commissioner of revenue under subdivisions 7 and 
 62.20  10.  If the total amount of payments received by a state 
 62.21  committee for the period reflected on a certification by the 
 62.22  department of revenue is different from the amount that should 
 62.23  have been received during the period according to the 
 62.24  certification, each subsequent monthly payment must be increased 
 62.25  or decreased to the fullest extent possible until the amount of 
 62.26  the overpayment is recovered or the underpayment is distributed. 
 62.27     Subd. 5a.  [PARTY ACCOUNT FOR LEGISLATIVE CANDIDATES.] To 
 62.28  assure ensure that moneys money will be returned to the counties 
 62.29  from which they were it was collected, and to assure ensure 
 62.30  that the distribution of those moneys money rationally relates 
 62.31  to the support for particular parties or for particular 
 62.32  candidates within legislative districts, money from the party 
 62.33  accounts for legislative candidates shall must be distributed as 
 62.34  follows: provided in this subdivision.  
 62.35     Each candidate for the state senate and state house of 
 62.36  representatives whose name is to appear on the ballot in the 
 63.1   general election shall receive money from the candidate's party 
 63.2   account set aside for allocated to candidates of for the state 
 63.3   senate or state house of representatives, whichever applies, 
 63.4   according to the following formula;: 
 63.5      For each county within the candidate's district, the 
 63.6   candidate's share of the dollars allocated designated by 
 63.7   taxpayers who resided in that county and credited to the 
 63.8   candidate's party account and set aside for allocated to that 
 63.9   office shall must be: 
 63.10     (a) (1) the sum of the votes cast in the last general 
 63.11  election in that part of the county in the candidate's district 
 63.12  for all candidates of that candidate's party (i) whose names 
 63.13  appeared on the ballot in each voting precinct of the state and 
 63.14  (ii) statewide and for the state senate and state house of 
 63.15  representatives, divided by 
 63.16     (b) (2) the sum of the votes cast in that the entire county 
 63.17  in the last general election for all candidates of that 
 63.18  candidate's party (i) whose names appeared on the ballot in each 
 63.19  voting precinct in the state and (ii) statewide and for the 
 63.20  state senate and state house of representatives, multiplied by 
 63.21     (c) (3) the amount in the candidate's party account 
 63.22  allocated designated by taxpayers who resided in that county and 
 63.23  set aside for the candidates for the allocated to that office 
 63.24  for which the candidate is running. 
 63.25     The sum of all the county shares calculated in the formula 
 63.26  above is the candidate's share of the candidate's party account. 
 63.27     In a year in which an election for the state senate occurs, 
 63.28  with respect to votes for candidates for the state senate only, 
 63.29  "last general election" means the last general election in which 
 63.30  an election for the state senate occurred. 
 63.31     For any a party under whose name no candidate's name 
 63.32  appeared on the ballot in each voting precinct in the state 
 63.33  statewide in the last general election, amounts in the party's 
 63.34  account shall must be allocated based on (a) (1) the number of 
 63.35  people voting in the last general election in that part of the 
 63.36  county in the candidate's district, divided by (b) (2) the 
 64.1   number of the people voting in that the entire county in the 
 64.2   last general election, multiplied by (c) (3) the amount in the 
 64.3   candidate's party account allocated designated by taxpayers who 
 64.4   resided in that county and set aside for the candidates for the 
 64.5   allocated to that office for which the candidate is running. 
 64.6      In a year in which the first general election after a 
 64.7   legislative reapportionment is held the legislature is 
 64.8   redistricted, "the candidate's district" means the newly drawn 
 64.9   district, and voting data from the last general election will 
 64.10  must be applied to the area encompassing the newly drawn 
 64.11  district, notwithstanding that the area was in a different 
 64.12  district in the last general election. 
 64.13     If in a district there was no candidate of a party for the 
 64.14  state senate or state house of representatives in the last 
 64.15  general election, or if a candidate for the state senate or 
 64.16  state house of representatives was unopposed, the vote for that 
 64.17  office for that party shall be is the average vote of all the 
 64.18  remaining candidates of that party in each county of that 
 64.19  district whose votes are included in the sums in clauses (a) (1) 
 64.20  and (b) (2).  The average vote shall must be added to the sums 
 64.21  in clauses (a) (1) and (b) (2) before the calculation is made 
 64.22  for all districts in the county. 
 64.23     Money from a party account not distributed to candidates 
 64.24  for state senator and representative in any election year shall 
 64.25  be returned to the general fund of the state.  Money from a 
 64.26  party account not distributed to candidates for other offices in 
 64.27  an election year shall be returned to the party account for 
 64.28  reallocation to candidates as provided in clauses (1) to (6) in 
 64.29  the following year.  Money from the general account refused by 
 64.30  any candidate shall be distributed to all other qualifying 
 64.31  candidates in proportion to their shares as provided in this 
 64.32  subdivision.  
 64.33     Subd. 6.  [PARTY ACCOUNT DISTRIBUTION.] As soon as the 
 64.34  board has obtained from the secretary of state the results of 
 64.35  the primary election, but in any event no later than one week 
 64.36  after certification by the state canvassing board of the results 
 65.1   of the primary, the board shall distribute the available funds 
 65.2   money in each party account, as certified by the commissioner of 
 65.3   revenue on September 1, to the candidates of that party who have 
 65.4   signed the a spending limit agreement as provided in under 
 65.5   section 10A.322 and filed the affidavit of matching 
 65.6   contributions required by section 10A.323, and whose names are 
 65.7   to appear on the ballot in the general election, according to 
 65.8   the allocations set forth in subdivision subdivisions 5 and 5a.  
 65.9   If a candidate files the affidavit required by section 10A.323 
 65.10  after September 1 of the general election year, the board shall 
 65.11  pay the candidate's allocation to the candidate at the next 
 65.12  regular payment date for public subsidies for that election 
 65.13  cycle that occurs at least 15 days after the candidate files the 
 65.14  affidavit. 
 65.15     Subd. 6a.  [PARTY ACCOUNT MONEY NOT DISTRIBUTED.] Money 
 65.16  from a party account not distributed to candidates for state 
 65.17  senator or representative in any election year must be returned 
 65.18  to the general fund of the state.  Money from a party account 
 65.19  not distributed to candidates for other offices in an election 
 65.20  year must be returned to the party account for reallocation to 
 65.21  candidates as provided in subdivision 5, paragraph (b), in the 
 65.22  following year. 
 65.23     Subd. 7.  [GENERAL ACCOUNT DISTRIBUTION.] (a) Within two 
 65.24  weeks after certification by the state canvassing board of the 
 65.25  results of the general election, the board shall distribute the 
 65.26  available funds money in the general account, as certified by 
 65.27  the commissioner of revenue on November 1 and according to 
 65.28  allocations set forth in subdivision 5, in equal amounts to all 
 65.29  candidates for each statewide office who have signed a spending 
 65.30  limit agreement under section 10A.322 and filed the affidavit of 
 65.31  matching contributions required by section 10A.323 and who were: 
 65.32     (1) a candidate for statewide office who received at least 
 65.33  five percent of the votes cast in the general election for that 
 65.34  office, and to all candidates; or 
 65.35     (2) a candidate for legislative office who received at 
 65.36  least ten percent of the votes cast in the general election 
 66.1   for the specific office for which they were candidates, provided 
 66.2   that seat. 
 66.3      (b) The public subsidy under this subdivision may not be 
 66.4   paid in an amount that would cause the sum of the public subsidy 
 66.5   paid from the party account plus the public subsidy paid from 
 66.6   the general account and the public subsidy paid to match 
 66.7   independent expenditures to exceed 50 percent of the expenditure 
 66.8   limit for the candidate.  If a candidate is entitled to receive 
 66.9   an opponent's share of the general account public subsidy under 
 66.10  section 10A.25, subdivision 10, the opponent's share must be 
 66.11  excluded in calculating the 50 percent limit or 50 percent of 
 66.12  the expenditure limit that would have applied to the candidate 
 66.13  if the candidate had not been freed from expenditure limits 
 66.14  under section 10A.25, subdivision 10.  Money from the general 
 66.15  account not paid to a candidate because of the 50 percent limit 
 66.16  must be distributed equally among all other qualifying 
 66.17  candidates for the same office until all have reached the 50 
 66.18  percent limit or the balance in the general account is 
 66.19  exhausted.  The board shall not use the information contained in 
 66.20  the report of the principal campaign committee of any candidate 
 66.21  due ten days before the general election for the purpose of 
 66.22  reducing the amount due that candidate from the general account. 
 66.23     Subd. 10.  [DECEMBER DISTRIBUTION.] In the event that on 
 66.24  the date of either certification by the commissioner of revenue 
 66.25  as provided in subdivisions subdivision 6 and or 7, less than 98 
 66.26  percent of the tax returns have been processed, the commissioner 
 66.27  of revenue shall certify to the board by December 1 the amount 
 66.28  accumulated in each account since the previous certification.  
 66.29  By December 15, the board shall distribute to each candidate 
 66.30  according to the allocations as provided in subdivision 
 66.31  subdivisions 5 and 5a the amounts to which the candidates are 
 66.32  entitled.  
 66.33     Subd. 10a.  [FORM OF DISTRIBUTION.] The distribution to 
 66.34  candidates must be in the form of checks made "payable to the 
 66.35  campaign fund of ......(name of candidate)......."  
 66.36     Subd. 10b.  [REMAINDER.] Any Money accumulated after the 
 67.1   final certification shall must be maintained kept in the 
 67.2   respective accounts for distribution in the next general 
 67.3   election year. 
 67.4      Subd. 11.  [WRITE-IN CANDIDATES.] For the purposes of this 
 67.5   section, a write-in candidate is a candidate only upon complying 
 67.6   with the provisions of section sections 10A.322, subdivision 
 67.7   1 and 10A.323. 
 67.8      Subd. 12.  [UNOPPOSED CANDIDATE NOT ELIGIBLE.] A candidate 
 67.9   who is unopposed in both the primary election and the general 
 67.10  election is not eligible to receive a public subsidy from the 
 67.11  state election campaign fund.  The subsidy from the party 
 67.12  account the candidate would otherwise have been eligible to 
 67.13  receive must be paid to the state committee of the candidate's 
 67.14  political party to be deposited in a special account 
 67.15  under section 10A.31, subdivision 5, clause (6), and used for 
 67.16  only those items permitted under section 10A.275. 
 67.17     Sec. 34.  Minnesota Statutes 1996, section 10A.315, is 
 67.18  amended to read: 
 67.19     10A.315 [SPECIAL ELECTION SUBSIDY.] 
 67.20     (a) Each eligible candidate for a legislative office in a 
 67.21  special election must be paid a public subsidy equal to the sum 
 67.22  of: 
 67.23     (1) the party account money at the last general election 
 67.24  for the candidate's party for the office the candidate is 
 67.25  seeking; and 
 67.26     (2) the general account money paid to candidates a 
 67.27  candidate for the same office at the last general election.  
 67.28     (b) If the filing period for the special election coincides 
 67.29  with the filing period for the general election, the candidate 
 67.30  must meet the matching requirements of section 10A.323 and the 
 67.31  special election subsidy must be distributed in the same manner 
 67.32  as money is distributed to legislative candidates in a general 
 67.33  election. 
 67.34     (c) If the filing period for the special election does not 
 67.35  coincide with the filing period for the general election, the 
 67.36  procedures in this paragraph apply.  A candidate who wishes to 
 68.1   receive this public subsidy must submit a signed agreement under 
 68.2   section 10A.322 to the board not later than the day after the 
 68.3   candidate files the affidavit of candidacy or nominating 
 68.4   petition for the office.  The candidate and must meet the 
 68.5   matching requirements of section 10A.323.  The special election 
 68.6   subsidy must be distributed in the same manner as money in the 
 68.7   party and general accounts is distributed to legislative 
 68.8   candidates in a general election. 
 68.9      (d) (c) The amount necessary to make the payments required 
 68.10  by this subdivision is appropriated from the general fund to the 
 68.11  state treasurer board. 
 68.12     Sec. 35.  Minnesota Statutes 1996, section 10A.321, is 
 68.13  amended to read: 
 68.14     10A.321 [ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.] 
 68.15     Subdivision 1.  [CALCULATION AND CERTIFICATION OF 
 68.16  ESTIMATES.] The commissioner of revenue shall calculate and 
 68.17  certify to the board before July 1 in an each election year an 
 68.18  estimate of the total amount in the state general account of the 
 68.19  state elections campaign fund and the amount of money each 
 68.20  candidate who qualifies, as provided in section 10A.31, 
 68.21  subdivisions 6 and 7, may receive from the candidate's party 
 68.22  account in the state elections campaign fund.  This estimate 
 68.23  must be based upon the allocations and formulas in section 
 68.24  10A.31, subdivision subdivisions 5 and 5a, any necessary vote 
 68.25  totals provided by the secretary of state to apply the formulas 
 68.26  in section 10A.31, subdivision subdivisions 5 and 5a, and the 
 68.27  amount of money expected to be available after 100 percent of 
 68.28  the tax returns have been processed.  
 68.29     Subd. 2.  [PUBLICATION, CERTIFICATION, AND NOTIFICATION 
 68.30  PROCEDURES.] Before the first day of filing for office, the 
 68.31  board shall publish and forward to all filing officers the 
 68.32  estimates calculated and certified under subdivision 1 along 
 68.33  with a copy of section 10A.25, subdivision 10.  Within seven 
 68.34  days after the last day for filing for office, the secretary of 
 68.35  state shall certify to the board the name, address, office 
 68.36  sought, and party affiliation of each candidate who has filed 
 69.1   with that office an affidavit of candidacy or petition to appear 
 69.2   on the ballot.  The auditor of each county shall certify to the 
 69.3   board the same information for each candidate who has filed with 
 69.4   that county an affidavit of candidacy or petition to appear on 
 69.5   the ballot.  Within seven days afterward, the board shall 
 69.6   estimate the minimum amount to be received by each candidate who 
 69.7   qualifies, as provided in section 10A.31, subdivisions 6 and 7.  
 69.8   By August 15 the board shall notify all candidates of 
 69.9   their estimated minimum amount.  The board shall include with 
 69.10  the notice a form for the agreement provided in section 10A.322 
 69.11  along with a copy of section 10A.25, subdivision 10. 
 69.12     Sec. 36.  Minnesota Statutes 1996, section 10A.322, is 
 69.13  amended to read: 
 69.14     10A.322 [PUBLIC SUBSIDY SPENDING LIMIT AGREEMENTS.] 
 69.15     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 69.16  condition of receiving a public subsidy, a candidate shall sign 
 69.17  and file with the board a written agreement in which the 
 69.18  candidate agrees that the candidate will comply with sections 
 69.19  10A.25 and 10A.324. 
 69.20     (b) Before the first day of filing for office, the board 
 69.21  shall forward agreement forms to all filing officers.  The board 
 69.22  shall also provide agreement forms to candidates on request at 
 69.23  any time.  The candidate may sign an agreement and submit it to 
 69.24  the filing officer on the day of filing an affidavit of 
 69.25  candidacy or petition to appear on the ballot, in which case the 
 69.26  filing officer shall without delay forward signed agreements to 
 69.27  the board.  Alternatively, the candidate may submit the 
 69.28  agreement directly to the board at any time before September 1 
 69.29  preceding the candidate's general election.  An agreement may 
 69.30  not be filed after that date.  An agreement once filed may not 
 69.31  be rescinded. 
 69.32     (c) The board shall forward a copy notify the commissioner 
 69.33  of revenue of any agreement signed under this subdivision to the 
 69.34  commissioner of revenue.  
 69.35     (d) Notwithstanding any provisions of this section 
 69.36  paragraph (b), when if a vacancy occurs that will be filled by 
 70.1   means of a special election and the filing period does not 
 70.2   coincide with the filing period for the general election, a 
 70.3   candidate may sign and submit a spending limit agreement at any 
 70.4   time before the deadline for submission of a signed agreement 
 70.5   under section 10A.315 not later than the day after the candidate 
 70.6   files the affidavit of candidacy or nominating petition for the 
 70.7   office. 
 70.8      Subd. 2.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
 70.9   insofar as it relates to the expenditure limits in section 
 70.10  10A.25, as adjusted by section 10A.255, remains effective for 
 70.11  candidates until the dissolution of the principal campaign 
 70.12  committee of the candidate or the end of the first election 
 70.13  cycle completed after the agreement was filed, whichever occurs 
 70.14  first. 
 70.15     Subd. 3.  [ESTIMATE; ACTUAL AMOUNT.] For the purposes of 
 70.16  subdivisions 1 to 3 only, the total amount to be distributed to 
 70.17  each candidate is calculated to be the candidate's share of the 
 70.18  total estimated funds in the candidate's party account as 
 70.19  provided in section 10A.321, subdivision 1, plus the total 
 70.20  amount estimated as provided in section 10A.321, subdivision 1, 
 70.21  to be in the general account of the state elections campaign 
 70.22  fund and set aside for that office divided by the number of 
 70.23  candidates whose names are to appear on the general election 
 70.24  ballot for that office.  If for any reason the amount actually 
 70.25  received by the candidate is greater than the candidate's share 
 70.26  of the estimate, and the contributions thereby exceed the 
 70.27  difference, the agreement must not be considered violated. 
 70.28     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
 70.29  make available to a political party on request and to any 
 70.30  candidate for whom an agreement under this section is effective, 
 70.31  a supply of official refund receipt forms that state in boldface 
 70.32  type that (1) a contributor who is given a receipt form is 
 70.33  eligible to claim a refund as provided in section 290.06, 
 70.34  subdivision 23, and (2) if the contribution is to a candidate, 
 70.35  that the candidate has signed an agreement to limit campaign 
 70.36  expenditures as provided in this section.  The forms must 
 71.1   provide duplicate copies of the receipt to be attached to the 
 71.2   contributor's claim.  A candidate who does not sign an agreement 
 71.3   under this section and who willfully issues an official refund 
 71.4   receipt form or a facsimile of one to any of the candidate's 
 71.5   contributors is guilty of a misdemeanor. 
 71.6      Sec. 37.  Minnesota Statutes 1996, section 10A.323, is 
 71.7   amended to read: 
 71.8      10A.323 [MATCHING REQUIREMENTS.] 
 71.9      In addition to the requirements of section 10A.322, to be 
 71.10  eligible to receive a public subsidy under section 10A.31 or 
 71.11  10A.312 a candidate or the candidate's treasurer shall file an 
 71.12  affidavit with the board stating that during that calendar year 
 71.13  the candidate has accumulated contributions from persons 
 71.14  eligible to vote in this state in the amount indicated for the 
 71.15  office sought, counting only the first $50 received from each 
 71.16  contributor: 
 71.17     (1) candidates for governor and lieutenant governor running 
 71.18  together, $35,000; 
 71.19     (2) candidates for attorney general, $15,000; 
 71.20     (3) candidates for secretary of state, state treasurer, and 
 71.21  state auditor, separately, $6,000; 
 71.22     (4) candidates for the senate, $3,000; and 
 71.23     (5) candidates for the house of representatives, $1,500. 
 71.24     To be eligible to receive a public matching subsidy under 
 71.25  section 10A.312, The affidavit must state the total amount of 
 71.26  contributions that have been received from persons eligible to 
 71.27  vote in this state and the total amount of those contributions 
 71.28  received, disregarding the portion of any contribution in excess 
 71.29  of $50.  
 71.30     The candidate or the candidate's treasurer shall submit the 
 71.31  affidavit required by this section to the board in writing by 
 71.32  September 1 of the general election year to receive the payment 
 71.33  based on the results of made following the primary election, by 
 71.34  September 15 to receive the payment made October 1, by October 1 
 71.35  to receive the payment made October 15, and by November 1 to 
 71.36  receive the payment made November 15, and by December 1 to 
 72.1   receive the payment made December 15 following the general 
 72.2   election.  
 72.3      Sec. 38.  Minnesota Statutes 1996, section 10A.324, 
 72.4   subdivision 1, is amended to read: 
 72.5      Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate shall 
 72.6   return all or a portion of the public subsidy received from the 
 72.7   state elections campaign fund or the public matching subsidy 
 72.8   received under section 10A.315, under the circumstances in this 
 72.9   section or section 10A.25, subdivision 11. 
 72.10     (a) To the extent that the amount of public subsidy 
 72.11  received by the candidate exceeds the expenditure limits for the 
 72.12  office held or sought, as provided in section 10A.25 and as 
 72.13  adjusted by section 10A.255, the treasurer of the candidate's 
 72.14  principal campaign committee shall return the excess to the 
 72.15  board. 
 72.16     (b) To the extent that the amount of public subsidy 
 72.17  received exceeds the aggregate of:  (1) actual expenditures made 
 72.18  by the principal campaign committee of the candidate; and (2) 
 72.19  approved expenditures made on behalf of the candidate, the 
 72.20  treasurer of the candidate's principal campaign committee shall 
 72.21  return an amount equal to the difference to the 
 72.22  board.  Expenditures in excess of the candidate's spending limit 
 72.23  do not count in determining aggregate expenditures under this 
 72.24  paragraph. 
 72.25     Sec. 39.  Minnesota Statutes 1996, section 10A.324, 
 72.26  subdivision 3, is amended to read: 
 72.27     Subd. 3.  [HOW RETURN DETERMINED.] Whether or not a 
 72.28  candidate is required under subdivision 1 to return all or a 
 72.29  portion of the public subsidy must be determined from the report 
 72.30  required to be filed with the board by that candidate by January 
 72.31  31 of the year following an election.  For purposes of this 
 72.32  section, a transfer from a principal campaign committee to a 
 72.33  political party is considered to be a noncampaign disbursement.  
 72.34  The cost of postage that was not used during an election cycle 
 72.35  and payments that created credit balances at vendors at the 
 72.36  close of an election cycle are not considered expenditures for 
 73.1   purposes of determining the amount to be returned.  Any An 
 73.2   amount required to be returned must be submitted in the form of 
 73.3   a check or money order and must accompany the report filed with 
 73.4   the board.  The board shall forward the check or money order to 
 73.5   the state treasurer for deposit in the general fund.  The amount 
 73.6   returned must not exceed the amount of public subsidy received 
 73.7   by the candidate. 
 73.8      Sec. 40.  Minnesota Statutes 1996, section 10A.34, is 
 73.9   amended to read: 
 73.10     10A.34 [REMEDIES.] 
 73.11     Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
 73.12  a duty under sections 10A.02 to 10A.34 shall be is personally 
 73.13  liable for the penalty for failing to discharge it. 
 73.14     Subd. 1a.  [RECOVERING LATE FEES.] The board may bring an 
 73.15  action in the district court in Ramsey county to recover any a 
 73.16  late filing fee imposed pursuant to any provision of under this 
 73.17  chapter.  All Money recovered shall must be deposited in the 
 73.18  general fund of the state. 
 73.19     Subd. 2.  [INJUNCTIONS.] The board or a county attorney may 
 73.20  seek an injunction in the district court to enforce the 
 73.21  provisions of sections 10A.02 to 10A.34. 
 73.22     Subd. 3.  [NOT A CRIME.] Unless otherwise provided, a 
 73.23  violation of sections 10A.02 to 10A.34 is not a crime. 
 73.24     Sec. 41.  Minnesota Statutes 1996, section 290.06, 
 73.25  subdivision 23, is amended to read: 
 73.26     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 73.27  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 73.28  amount of the taxpayer's contributions made in the calendar year 
 73.29  to candidates and to any a political party.  The maximum refund 
 73.30  for an individual must not exceed $50 and, for a married couple, 
 73.31  filing jointly, must not exceed $100.  A refund of a 
 73.32  contribution is allowed only if the taxpayer files a form 
 73.33  required by the commissioner and attaches to the form a copy of 
 73.34  an official refund receipt form issued by the candidate or party 
 73.35  and signed by the candidate, the treasurer of the candidate's 
 73.36  principal campaign committee, or the party chair, after the 
 74.1   contribution was received.  The receipt forms must be numbered, 
 74.2   and the data on the receipt that are not public must be made 
 74.3   available to the ethical practices board upon its request.  A 
 74.4   claim must be filed with the commissioner not no sooner than 
 74.5   January 1 of the calendar year in which the contribution is was 
 74.6   made and no later than April 15 of the calendar year following 
 74.7   the calendar year in which the contribution is was made.  A 
 74.8   taxpayer may file only one claim per calendar year.  Amounts 
 74.9   paid by the commissioner after June 15 of the calendar year 
 74.10  following the calendar year in which the contribution is was 
 74.11  made must include interest at the rate specified in section 
 74.12  270.76. 
 74.13     (b) No refund is allowed under this subdivision for a 
 74.14  contribution to any a candidate unless the candidate: 
 74.15     (1) has signed an agreement to limit campaign expenditures 
 74.16  as provided in section 10A.322 or 10A.43; 
 74.17     (2) is seeking an office for which voluntary spending 
 74.18  limits are specified in section 10A.25 or 10A.43; and 
 74.19     (3) has designated a principal campaign committee.  
 74.20     This subdivision does not limit the campaign 
 74.21  expenditure expenditures of a candidate who does not sign an 
 74.22  agreement but accepts a contribution for which the contributor 
 74.23  improperly claims a refund.  
 74.24     (c) For purposes of this subdivision, "political party" 
 74.25  means a major political party as defined in section 200.02, 
 74.26  subdivision 7, or a minor political party qualifying for 
 74.27  inclusion on the income tax or property tax refund form under 
 74.28  section 10A.31, subdivision 3a.  
 74.29     A "major party" or "minor party" includes the aggregate of 
 74.30  the party that party's organization within each house of the 
 74.31  legislature, the state party organization, and the party 
 74.32  organization within congressional districts, counties, 
 74.33  legislative districts, municipalities, and precincts.  
 74.34     "Candidate" means a congressional candidate as defined in 
 74.35  section 10A.41, subdivision 4, or a candidate as defined in 
 74.36  section 10A.01, subdivision 5, except a candidate for judicial 
 75.1   office.  
 75.2      "Contribution" means a gift of money. 
 75.3      (d) The commissioner shall make copies of the form 
 75.4   available to the public and candidates upon request. 
 75.5      (e) The following data collected or maintained by the 
 75.6   commissioner under this subdivision are private:  the identities 
 75.7   of individuals claiming a refund, the identities of candidates 
 75.8   to whom those individuals have made contributions, and the 
 75.9   amount of each contribution.  
 75.10     (f) The commissioner shall report to the ethical practices 
 75.11  board by each August 1 of each year a summary showing the total 
 75.12  number and aggregate amount of political contribution refunds 
 75.13  made on behalf of each candidate and each political party.  
 75.14  These data are public. 
 75.15     (g) The amount necessary to pay claims for the refund 
 75.16  provided in this section is appropriated from the general fund 
 75.17  to the commissioner of revenue. 
 75.18     Sec. 42.  Laws 1996, chapter 419, section 10, is amended to 
 75.19  read: 
 75.20     Sec. 10.  [EFFECTIVE DATE.] 
 75.21     This act is effective for the state primary election in 
 75.22  1996 and thereafter. 
 75.23     The amendments made by this act are suspended during any 
 75.24  time that the decision of the eighth circuit court of appeals in 
 75.25  Twin Cities Area New Party v. McKenna, No. 94-3417MN, is stayed 
 75.26  or the mandate of the court is recalled.  If the McKenna 
 75.27  decision is reversed, the amendments made by this act expire and 
 75.28  the prior law is revived, except that the amended definitions of 
 75.29  a major political party and a minor political party in sections 
 75.30  2 and 3 do not expire.  The purpose of this paragraph is to 
 75.31  provide an orderly procedure for complying with the McKenna 
 75.32  decision while retaining the prior law prohibiting simultaneous 
 75.33  nominations to the extent permitted by the United States 
 75.34  Constitution. 
 75.35     Sec. 43.  [INSTRUCTION TO REVISOR.] 
 75.36     The revisor of statutes shall renumber the definition 
 76.1   subdivisions of Minnesota Statutes, section 10A.01, in 
 76.2   alphabetical order and make necessary cross-reference changes 
 76.3   consistent with the renumbering. 
 76.4      Sec. 44.  [REPEALER.] 
 76.5      Minnesota Statutes 1996, sections 10A.065, subdivision 5; 
 76.6   10A.255, subdivision 2; 10A.275, subdivisions 2 and 3; 10A.324, 
 76.7   subdivisions 2 and 4; 10A.325; 10A.335; 10A.40; 10A.41; 10A.42; 
 76.8   10A.43; 10A.44; 10A.45; 10A.46; 10A.47; 10A.48; 10A.49; 10A.50; 
 76.9   and 10A.51, are repealed.