SF 516

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections and ethics; clarifying 
  1.3             definitions; giving the board of campaign finance and 
  1.4             public disclosure jurisdiction over the ban on gifts 
  1.5             to local officials; facilitating reports of 
  1.6             last-minute contributions; clarifying campaign finance 
  1.7             requirements; increasing certain campaign contribution 
  1.8             and spending limits; requiring return of public 
  1.9             subsidies under certain conditions; making advisory 
  1.10            opinions public data; clarifying certain definitions 
  1.11            and prohibitions; clarifying and authorizing 
  1.12            exceptions to the ban on gifts; providing civil 
  1.13            penalties; providing for updated voter records; 
  1.14            amending Minnesota Statutes 1998, sections 10A.01, 
  1.15            subdivisions 7, 11, and 18; 10A.02, subdivisions 11, 
  1.16            12, and 13; 10A.03, subdivision 3; 10A.04, 
  1.17            subdivisions 5 and 7; 10A.065, subdivisions 1, 3, and 
  1.18            by adding a subdivision; 10A.071; 10A.08; 10A.09, 
  1.19            subdivisions 3 and 7; 10A.14, subdivision 4; 10A.15, 
  1.20            subdivisions 3, 5, and by adding a subdivision; 
  1.21            10A.20, subdivisions 2, 3, 5, 12, and by adding a 
  1.22            subdivision; 10A.23; 10A.25, subdivisions 2 and 10; 
  1.23            10A.255, subdivision 1; 10A.27, subdivision 10; 
  1.24            10A.29; 10A.31, subdivisions 7 and 10; 10A.315; 
  1.25            10A.322, subdivisions 1 and 4; 10A.324, subdivision 1; 
  1.26            10A.34; 200.02, by adding a subdivision; 201.13, by 
  1.27            adding a subdivision; 211A.02, subdivision 2; 211A.12; 
  1.28            290.06, subdivision 23; and 471.895; proposing coding 
  1.29            for new law in Minnesota Statutes, chapter 211A. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  Minnesota Statutes 1998, section 10A.01, 
  1.32  subdivision 7, is amended to read: 
  1.33     Subd. 7.  [CONTRIBUTION.] "Contribution" means a transfer 
  1.34  of funds or a donation in kind. 
  1.35     "Contribution" includes any loan or advance of credit to a 
  1.36  political committee, political fund, or principal campaign 
  1.37  committee, which loan or advance of credit is (a) forgiven, or 
  2.1   (b) paid by an individual or an association other than the 
  2.2   political committee, political fund, or principal campaign 
  2.3   committee to which the loan or advance of credit is made.  If an 
  2.4   advance of credit or a loan is forgiven or paid as provided in 
  2.5   this subdivision, it is a contribution in the year in which the 
  2.6   loan or advance of credit is made. 
  2.7      A contribution made for the purpose of defeating a 
  2.8   candidate is considered made for the purpose of influencing the 
  2.9   nomination or election of that candidate or any opponent of that 
  2.10  candidate. 
  2.11     "Contribution" does not include services provided without 
  2.12  compensation by an individual volunteering personal time on 
  2.13  behalf of a candidate, ballot question, political committee, or 
  2.14  political fund, or. 
  2.15     "Contribution" does not include the uncompensated use by a 
  2.16  candidate or an individual volunteering personal time on behalf 
  2.17  of a candidate, ballot question, political committee, or 
  2.18  political fund, of the candidate or volunteer's own personal 
  2.19  property or private residence. 
  2.20     "Contribution" does not include the publishing or 
  2.21  broadcasting of news items or editorial comments by the news 
  2.22  media. 
  2.23     Sec. 2.  Minnesota Statutes 1998, section 10A.01, 
  2.24  subdivision 11, is amended to read: 
  2.25     Subd. 11.  [LOBBYIST.] (a) "Lobbyist" means an individual: 
  2.26     (1) engaged for pay or other consideration, or authorized 
  2.27  to spend money by another individual, association, political 
  2.28  subdivision, or public higher education system, who spends more 
  2.29  than five hours in any month or more than $250, not including 
  2.30  the individual's own travel expenses and membership dues, in any 
  2.31  year, for the purpose of attempting to influence legislative or 
  2.32  administrative action, or the official action of a metropolitan 
  2.33  governmental unit, by communicating or urging others to 
  2.34  communicate with public or local officials; or 
  2.35     (2) who spends more than $250, not including the 
  2.36  individual's own traveling expenses and membership dues, in any 
  3.1   year for the purpose of attempting to influence legislative or 
  3.2   administrative action, or the official action of a metropolitan 
  3.3   governmental unit, by communicating or urging others to 
  3.4   communicate with public or local officials. 
  3.5      (b) "Lobbyist" does not include: 
  3.6      (1) a public official; 
  3.7      (2) an employee of the state, including an employee of any 
  3.8   of the public higher education systems; 
  3.9      (3) an elected local official; 
  3.10     (4) a nonelected local official or an employee of a 
  3.11  political subdivision acting in an official capacity, unless the 
  3.12  nonelected official or employee of a political subdivision 
  3.13  spends more than 50 hours in any month attempting to influence 
  3.14  legislative or administrative action, or the official action of 
  3.15  a metropolitan governmental unit other than the political 
  3.16  subdivision employing the official or employee, by communicating 
  3.17  or urging others to communicate with public or local officials, 
  3.18  including time spent monitoring legislative or administrative 
  3.19  action, or the official action of a metropolitan governmental 
  3.20  unit, and related research, analysis, and compilation and 
  3.21  dissemination of information relating to legislative or 
  3.22  administrative policy in this state, or to the policies of 
  3.23  metropolitan governmental units; 
  3.24     (5) a party or the party's representative appearing in a 
  3.25  proceeding before a state board, commission or agency of the 
  3.26  executive branch unless the board, commission or agency is 
  3.27  taking administrative action; 
  3.28     (6) an individual while engaged in selling goods or 
  3.29  services to be paid for by public funds; 
  3.30     (7) a news medium or its employees or agents while engaged 
  3.31  in the publishing or broadcasting of news items, editorial 
  3.32  comments or paid advertisements which directly or indirectly 
  3.33  urge official action; 
  3.34     (8) a paid expert witness whose testimony is requested by 
  3.35  the body before which the witness is appearing, but only to the 
  3.36  extent of preparing or delivering testimony; 
  4.1      (9) a stockholder of a family farm corporation as defined 
  4.2   in section 500.24, subdivision 2, who does not spend over $250, 
  4.3   excluding the stockholder's own travel expenses, in any year in 
  4.4   communicating with public officials; or 
  4.5      (10) a party or the party's representative appearing to 
  4.6   present a claim to the legislature and communicating to 
  4.7   legislators only by the filing of a claim form and supporting 
  4.8   documents and by appearing at public hearings on the claim; or 
  4.9      (11) an individual attempting to influence the action of a 
  4.10  metropolitan governmental unit to apply or administer an adopted 
  4.11  ordinance or land use plan. 
  4.12     Sec. 3.  Minnesota Statutes 1998, section 10A.01, 
  4.13  subdivision 18, is amended to read: 
  4.14     Subd. 18.  [PUBLIC OFFICIAL.] "Public official" means any: 
  4.15     (a) member of the legislature; 
  4.16     (b) constitutional officer in the executive branch and the 
  4.17  officer's chief administrative deputy; 
  4.18     (c) member, chief administrative officer or deputy chief 
  4.19  administrative officer of a state board or commission which has 
  4.20  at least one of the following powers:  (i) the power to adopt, 
  4.21  amend or repeal rules, or (ii) the power to adjudicate contested 
  4.22  cases or appeals; 
  4.23     (d) commissioner, deputy commissioner, or assistant 
  4.24  commissioner of any state department as designated pursuant to 
  4.25  section 15.01; 
  4.26     (e) individual employed in the executive branch who is 
  4.27  authorized to adopt, amend or repeal rules or adjudicate 
  4.28  contested cases; 
  4.29     (f) executive director of the state board of investment; 
  4.30     (g) executive director of the Indian affairs intertribal 
  4.31  board; 
  4.32     (h) commissioner of the iron range resources and 
  4.33  rehabilitation board; 
  4.34     (i) commissioner of mediation services; 
  4.35     (j) deputy of any official listed in clauses (e) to (i); 
  4.36     (k) judge of the workers' compensation court of appeals; 
  5.1      (l) administrative law judge or compensation judge in the 
  5.2   state office of administrative hearings or referee in the 
  5.3   department of economic security; 
  5.4      (m) solicitor general or deputy, assistant or special 
  5.5   assistant attorney general; 
  5.6      (n) individual employed by the legislature as secretary of 
  5.7   the senate, legislative auditor, chief clerk of the house, 
  5.8   revisor of statutes, or researcher, legislative analyst, or 
  5.9   attorney in the office of senate counsel and research or house 
  5.10  research; 
  5.11     (o) member, regional administrator, division director, 
  5.12  general counsel, or operations manager of the metropolitan 
  5.13  council; 
  5.14     (p) the director of the racing commission, the director of 
  5.15  the gambling control board, the director of the state lottery, 
  5.16  and the deputy director of the state lottery; 
  5.17     (q) director of the division of alcohol and gambling 
  5.18  enforcement in the department of public safety; 
  5.19     (r) member or executive director of the higher education 
  5.20  facilities authority; 
  5.21     (s) member of the board of directors or president of the 
  5.22  Minnesota world trade center corporation, Minnesota Technology, 
  5.23  Inc., or the agricultural utilization research institute; 
  5.24     (t) member of the board of directors or executive director 
  5.25  of the Minnesota state high school league; or 
  5.26     (t) (u) member or chief administrator of a metropolitan 
  5.27  agency. 
  5.28     Sec. 4.  Minnesota Statutes 1998, section 10A.02, 
  5.29  subdivision 11, is amended to read: 
  5.30     Subd. 11.  [VIOLATIONS; ENFORCEMENT.] The board may 
  5.31  investigate any alleged violation of this chapter or section 
  5.32  471.895.  The board shall investigate any violation which is 
  5.33  alleged in a written complaint filed with the board and, except 
  5.34  for alleged violations of section 10A.25 or 10A.27, shall within 
  5.35  30 days after the filing of the complaint make a public finding 
  5.36  of whether or not there is probable cause to believe a violation 
  6.1   has occurred.  In the case of a written complaint alleging a 
  6.2   violation of section 10A.25 or 10A.27, the board shall either 
  6.3   enter a conciliation agreement or make a public finding of 
  6.4   whether or not there is probable cause, within 60 days of the 
  6.5   filing of the complaint.  The deadline for action on any written 
  6.6   complaint may be extended by majority vote of the board.  Within 
  6.7   a reasonable time after beginning an investigation of an 
  6.8   individual or association, the board shall notify that 
  6.9   individual or association of the fact of the investigation.  The 
  6.10  board shall make no finding of whether or not there is probable 
  6.11  cause to believe a violation has occurred without notifying the 
  6.12  individual or association of the nature of the allegations and 
  6.13  affording an opportunity to answer those allegations.  Any 
  6.14  hearing or action of the board concerning any complaint or 
  6.15  investigation other than a finding concerning probable cause or 
  6.16  a conciliation agreement shall be confidential.  Until the board 
  6.17  makes a public finding concerning probable cause or enters a 
  6.18  conciliation agreement: 
  6.19     (a) No member, employee, or agent of the board shall 
  6.20  disclose to any individual any information obtained by that 
  6.21  member, employee, or agent concerning any complaint or 
  6.22  investigation except as required to carry out the investigation 
  6.23  or take action in the matter as authorized by this chapter; and 
  6.24     (b) Any individual who discloses information contrary to 
  6.25  the provisions of this subdivision shall be guilty of a 
  6.26  misdemeanor.  Except as provided in section 10A.28, after the 
  6.27  board makes a public finding of probable cause the board shall 
  6.28  report that finding to the appropriate law enforcement 
  6.29  authorities. 
  6.30     Sec. 5.  Minnesota Statutes 1998, section 10A.02, 
  6.31  subdivision 12, is amended to read: 
  6.32     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  6.33  publish advisory opinions on the requirements of this chapter or 
  6.34  section 471.895 based upon real or hypothetical situations.  An 
  6.35  application for an advisory opinion may be made only by an 
  6.36  individual or association who wishes to use the opinion to guide 
  7.1   the individual's or the association's own conduct.  The board 
  7.2   shall issue written opinions on all such questions submitted to 
  7.3   it within 30 days after receipt of written application, unless a 
  7.4   majority of the board agrees to extend the time limit.  
  7.5      (b) A written advisory opinion issued by the board is 
  7.6   binding on the board in any subsequent board proceeding 
  7.7   concerning the person making or covered by the request and is a 
  7.8   defense in a judicial proceeding that involves the subject 
  7.9   matter of the opinion and is brought against the person making 
  7.10  or covered by the request unless: 
  7.11     (1) the board has amended or revoked the opinion before the 
  7.12  initiation of the board or judicial proceeding, has notified the 
  7.13  person making or covered by the request of its action, and has 
  7.14  allowed at least 30 days for the person to do anything that 
  7.15  might be necessary to comply with the amended or revoked 
  7.16  opinion; 
  7.17     (2) the request has omitted or misstated material facts; or 
  7.18     (3) the person making or covered by the request has not 
  7.19  acted in good faith in reliance on the opinion. 
  7.20     (c) A request for an opinion and the opinion itself are 
  7.21  nonpublic data.  The board, however, may publish an opinion or a 
  7.22  summary of an opinion, but may not include in the publication 
  7.23  the name of the requester, the name of a person covered by a 
  7.24  request from an agency or political subdivision, or any other 
  7.25  information that might identify the requester unless the person 
  7.26  consents to the inclusion. 
  7.27     Sec. 6.  Minnesota Statutes 1998, section 10A.02, 
  7.28  subdivision 13, is amended to read: 
  7.29     Subd. 13.  The provisions of chapter 14 apply to the 
  7.30  board.  The board may adopt rules to carry out the purposes of 
  7.31  this chapter or section 471.895. 
  7.32     Sec. 7.  Minnesota Statutes 1998, section 10A.03, 
  7.33  subdivision 3, is amended to read: 
  7.34     Subd. 3.  [NOTICE; LATE FILING.] The board shall notify by 
  7.35  certified mail or personal service any lobbyist who fails to 
  7.36  file a registration form within five days after becoming a 
  8.1   lobbyist.  If a lobbyist fails to file a form within seven ten 
  8.2   days after receiving this the notice was mailed, the board may 
  8.3   impose a late filing fee at $5 per day, not to exceed $100, 
  8.4   commencing with the eighth 11th day after receiving the notice 
  8.5   was mailed.  The board shall further notify by certified mail or 
  8.6   personal service any lobbyist who fails to file a form within 21 
  8.7   days of receiving a first notice that the lobbyist may be 
  8.8   subject to a criminal penalty for failure to file the form.  A 
  8.9   lobbyist who knowingly fails to file a form within seven 30 days 
  8.10  after receiving a second notice from the board learning that the 
  8.11  filing is required is guilty of a misdemeanor. 
  8.12     Sec. 8.  Minnesota Statutes 1998, section 10A.04, 
  8.13  subdivision 5, is amended to read: 
  8.14     Subd. 5.  [LATE FILING.] The board shall notify by 
  8.15  certified mail or personal service any lobbyist or principal who 
  8.16  fails after seven days after a filing date imposed by this 
  8.17  section to file a report or statement required by this section.  
  8.18  If a lobbyist or principal fails to file a report within seven 
  8.19  ten days after receiving this the notice was mailed, the board 
  8.20  may impose a late filing fee of $5 per day, not to exceed $100, 
  8.21  commencing with the eighth 11th day after receiving the notice 
  8.22  was mailed.  The board shall further notify by certified mail or 
  8.23  personal service any lobbyist who fails to file a report within 
  8.24  21 days after receiving a first notice that the lobbyist may be 
  8.25  subject to a criminal penalty for failure to file the report.  A 
  8.26  lobbyist who knowingly fails to file such a report or statement 
  8.27  within seven 30 days after receiving a second notice from the 
  8.28  board learning that the filing is required is guilty of a 
  8.29  misdemeanor. 
  8.30     Sec. 9.  Minnesota Statutes 1998, section 10A.04, 
  8.31  subdivision 7, is amended to read: 
  8.32     Subd. 7.  [FINANCIAL RECORDS.] The board may randomly audit 
  8.33  the financial records of lobbyists and principals required to 
  8.34  report under this section.  Lobbyists and principals shall 
  8.35  retain for four years after the report was filed all records 
  8.36  concerning the matters reported under this chapter, including 
  9.1   vouchers, canceled checks, bills, invoices, worksheets, and 
  9.2   receipts. 
  9.3      Sec. 10.  Minnesota Statutes 1998, section 10A.065, 
  9.4   subdivision 1, is amended to read: 
  9.5      Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
  9.6   LEGISLATIVE SESSION.] A candidate for the legislature or for 
  9.7   constitutional office, a candidate's principal campaign 
  9.8   committee, any other political committee with the candidate's 
  9.9   name or title, any committee authorized by the candidate, or a 
  9.10  political committee established by all or a part of the party 
  9.11  organization within a house of the legislature, shall not 
  9.12  solicit or accept a contribution on behalf of a candidate's 
  9.13  principal campaign committee, any other political committee with 
  9.14  the candidate's name or title, any committee authorized by the 
  9.15  candidate, or a political committee established by all or a part 
  9.16  of the party organization within a house of the legislature, 
  9.17  from a registered lobbyist, political committee, or political 
  9.18  fund during a regular session of the legislature.  The lobbyist, 
  9.19  political committee, or political fund shall not make the 
  9.20  contribution.  However, the party organization within a house of 
  9.21  the legislature may receive a member's dues during a regular 
  9.22  session of the legislature, even if the dues are paid from the 
  9.23  assets of the member's principal campaign committee.  For a 
  9.24  candidate for governor or lieutenant governor, the prohibition 
  9.25  in this subdivision extends to the 14 days immediately following 
  9.26  adjournment of a regular session of the legislature in either 
  9.27  year of a biennium. 
  9.28     Sec. 11.  Minnesota Statutes 1998, section 10A.065, 
  9.29  subdivision 3, is amended to read: 
  9.30     Subd. 3.  [CIVIL PENALTY.] A candidate or, political 
  9.31  committee, political fund, or lobbyist that violates this 
  9.32  section is subject to a civil fine of up to $500.  If the board 
  9.33  makes a public finding that there is probable cause to believe a 
  9.34  violation of this section has occurred, the board shall bring an 
  9.35  action, or transmit the finding to a county attorney who shall 
  9.36  bring an action, in the district court of Ramsey county, to 
 10.1   impose a civil fine as prescribed by the board.  Fines paid 
 10.2   under this section must be deposited in the general fund in the 
 10.3   state treasury. 
 10.4      Sec. 12.  Minnesota Statutes 1998, section 10A.065, is 
 10.5   amended by adding a subdivision to read: 
 10.6      Subd. 6.  [FEDERAL OFFICES.] This section does not prohibit 
 10.7   a candidate from soliciting or accepting a contribution to a 
 10.8   campaign for a federal office. 
 10.9      Sec. 13.  Minnesota Statutes 1998, section 10A.071, is 
 10.10  amended to read: 
 10.11     10A.071 [CERTAIN GIFTS BY LOBBYISTS AND PRINCIPALS 
 10.12  PROHIBITED.] 
 10.13     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 10.14  subdivision apply to this section. 
 10.15     (b) "Family" means all the descendants of the recipient's 
 10.16  grandparents by blood, marriage, or adoption, including a former 
 10.17  spouse. 
 10.18     (c) "Gift" means money, real or personal property, a 
 10.19  service, a loan, or a forbearance or forgiveness of 
 10.20  indebtedness, or a promise of future employment, that is given 
 10.21  and received without the giver receiving consideration of equal 
 10.22  or greater value in return. 
 10.23     (c) (d) "Official" means a public official, or an employee 
 10.24  of the legislature, or a local official of a metropolitan 
 10.25  governmental unit. 
 10.26     Subd. 2.  [PROHIBITION.] A lobbyist or principal may not 
 10.27  give a gift or request another to give a gift to an official. An 
 10.28  official may not accept a gift from a lobbyist or principal.  An 
 10.29  individual is subject to the requirements of this section by 
 10.30  virtue of being an officer, employee, or member of an 
 10.31  association that is a principal only when acting as an agent or 
 10.32  on behalf of the association. 
 10.33     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
 10.34  section do not apply if the gift is: 
 10.35     (1) a contribution as defined in section 10A.01, 
 10.36  subdivision 7, or 211A.01, subdivision 5, or as defined by 
 11.1   federal law for contributions to candidates for federal offices; 
 11.2      (2) services to assist an the official in the performance 
 11.3   of official duties, including but not limited to providing 
 11.4   advice, consultation, information, and communication in 
 11.5   connection with legislation, and services to constituents; 
 11.6      (3) services of insignificant monetary value; 
 11.7      (4) a plaque, framed certificate, or similar memento 
 11.8   recognizing individual services in a field of specialty or to a 
 11.9   charitable cause; 
 11.10     (5) a trinket or memento of insignificant value; 
 11.11     (6) informational material of unexceptional insignificant 
 11.12  value or that will assist the official in the performance of 
 11.13  official duties; or 
 11.14     (7) food or a beverage not to exceed $5 per occasion in 
 11.15  value to the recipient given by a host as part of ordinary 
 11.16  office hospitality or at a meeting away from the offices of the 
 11.17  governmental entity in which the recipient official holds 
 11.18  office; or 
 11.19     (8) food or a beverage given at a reception, meal, or 
 11.20  meeting away from the recipient's place of work offices of the 
 11.21  governmental entity in which the recipient official holds office 
 11.22  by an organization before whom the recipient appears to make and 
 11.23  makes a speech or answer questions as part of a program, and 
 11.24  reasonable travel and one night's lodging expenses within the 
 11.25  state actually incurred and necessary to participate in the 
 11.26  program.  
 11.27     (b) The prohibitions in this section do not apply if the 
 11.28  gift is given: 
 11.29     (1) because of the recipient's membership in a group, a 
 11.30  majority of whose members are not officials, and an equivalent 
 11.31  gift is given or offered to the other members of the group; or 
 11.32     (2) by a national or multistate organization of 
 11.33  governmental organizations or public officials, if a majority of 
 11.34  the dues to the organization are paid from public funds, to a 
 11.35  participant in a conference, seminar, meeting, or trip sponsored 
 11.36  by that organization, if an equivalent gift is given or offered 
 12.1   to all other participants, even if the gift to the official was 
 12.2   made possible by a gift to the organization by a lobbyist or 
 12.3   principal; 
 12.4      (3) to an official attending the national convention of a 
 12.5   major political party or the inauguration of the president of 
 12.6   the United States, if an equivalent gift is given or offered to 
 12.7   all other participants; 
 12.8      (4) by a lobbyist or principal who is a member of the 
 12.9   family of the recipient, unless the gift is given on behalf of 
 12.10  someone who is not a member of that family.; 
 12.11     (5) by a lobbyist or principal as a contribution of a prize 
 12.12  or money to purchase a prize for an event that is designed to 
 12.13  benefit an organization that qualifies under section 501(c)(3) 
 12.14  of the Internal Revenue Code of 1986; 
 12.15     (6) to an official who acts only as the agent for the giver 
 12.16  in making a gift to a foreign dignitary; or 
 12.17     (7) on the occasion of a wedding, illness, or funeral. 
 12.18     (c) The prohibitions in this section do not apply if the 
 12.19  gift is given on the basis of personal friendship.  A gift is 
 12.20  presumed to be given on the basis of personal friendship if: 
 12.21     (1) the relationship between the giver and the recipient 
 12.22  was established before the recipient became an official and 
 12.23  included an exchange of gifts between the two; 
 12.24     (2) the giver personally paid for the gift and did not seek 
 12.25  a tax deduction or business reimbursement for the gift; and 
 12.26     (3) the giver did not give or offer an equivalent gift to 
 12.27  other officials. 
 12.28     (d) If an employer makes a gift in the normal course of 
 12.29  employment to an employee, and an official benefits from the 
 12.30  gift as the employee or as a member of the employee's family, 
 12.31  the prohibitions in this section do not apply. 
 12.32     Subd. 4.  [RETURN OF GIFT.] An official who accepts a gift 
 12.33  in a good faith belief that it is lawful and returns it or gives 
 12.34  consideration of equal or greater value for it promptly upon 
 12.35  learning that it was not lawful is not subject to a penalty for 
 12.36  violating this section. 
 13.1      Sec. 14.  Minnesota Statutes 1998, section 10A.08, is 
 13.2   amended to read: 
 13.3      10A.08 [REPRESENTATION DISCLOSURE.] 
 13.4      Any public official who represents a client for a fee 
 13.5   before any individual, board, commission or agency that has rule 
 13.6   making authority in a hearing conducted under chapter 14, shall 
 13.7   disclose the official's participation in the action to the board 
 13.8   within 14 days after the appearance.  The board shall notify by 
 13.9   certified mail or personal service any public official who fails 
 13.10  to disclose the participation within 14 days after the 
 13.11  appearance.  If the public official fails to disclose the 
 13.12  participation within seven ten days of after this notice was 
 13.13  mailed, the board may impose a late filing fee of $5 per day, 
 13.14  not to exceed $100, commencing on the eighth 11th day after 
 13.15  receiving the notice was mailed. 
 13.16     Sec. 15.  Minnesota Statutes 1998, section 10A.09, 
 13.17  subdivision 3, is amended to read: 
 13.18     Subd. 3.  [NOTICE OF FILING PUBLICATION.] The board shall 
 13.19  notify the secretary of state or the appropriate county auditor 
 13.20  and, when necessary in the case of appointive office, the 
 13.21  presiding officer of the house that will approve or disapprove 
 13.22  the nomination, of the name of the individual who has filed a 
 13.23  publish the statement of economic interest with the board, a 
 13.24  copy of the statement, and the date on which the statement was 
 13.25  filed on its web site. 
 13.26     Sec. 16.  Minnesota Statutes 1998, section 10A.09, 
 13.27  subdivision 7, is amended to read: 
 13.28     Subd. 7.  [LATE FILING.] The board shall notify by 
 13.29  certified mail or personal service any individual who fails 
 13.30  within the prescribed time to file a statement of economic 
 13.31  interest required by this section.  If an individual fails to 
 13.32  file a statement within seven ten days after receiving this the 
 13.33  notice was mailed, the board may impose a late filing fee of $5 
 13.34  per day, not to exceed $100, commencing on the eighth 11th day 
 13.35  after receiving the notice was mailed.  The board shall further 
 13.36  notify by certified mail or personal service any individual who 
 14.1   fails to file a statement within 21 days after receiving a first 
 14.2   notice that the individual may be subject to a criminal penalty 
 14.3   for failure to file a statement.  An individual who knowingly 
 14.4   fails to file a statement within seven 30 days after a second 
 14.5   notice learning that the filing is required is guilty of a 
 14.6   misdemeanor. 
 14.7      Sec. 17.  Minnesota Statutes 1998, section 10A.14, 
 14.8   subdivision 4, is amended to read: 
 14.9      Subd. 4.  [NOTICE OF FAILURE TO FILE; PENALTY.] The board 
 14.10  shall notify by certified mail or personal service any 
 14.11  individual who fails to file a statement required by this 
 14.12  section.  If an individual fails to file a statement within 
 14.13  seven ten days after receiving a the notice was mailed, the 
 14.14  board may impose a late filing fee of $5 per day, not to exceed 
 14.15  $100, commencing with the eighth 11th day after receiving the 
 14.16  notice was mailed.  The board shall further notify by certified 
 14.17  mail or personal service any individual who fails to file a 
 14.18  statement within 21 days after receiving a first notice that 
 14.19  such individual may be subject to a criminal penalty for failure 
 14.20  to file the report.  The late filing fee may be paid out of the 
 14.21  assets of the political committee or fund.  An individual who 
 14.22  knowingly fails to file the statement within seven 30 days after 
 14.23  receiving a second notice from the board learning that the 
 14.24  filing is required is guilty of a misdemeanor. 
 14.25     Sec. 18.  Minnesota Statutes 1998, section 10A.15, 
 14.26  subdivision 3, is amended to read: 
 14.27     Subd. 3.  [DEPOSIT IN ACCOUNT.] All transfers received by 
 14.28  or on behalf of any candidate, political committee or political 
 14.29  fund shall be deposited in an account designated "Campaign Fund 
 14.30  of ..... (name of candidate, committee or fund)."  All transfers 
 14.31  shall be deposited promptly upon within 30 days after receipt 
 14.32  and, except for transfers received during the last three days of 
 14.33  any reporting period as described in section 10A.20, shall be 
 14.34  deposited during the reporting period in which they were 
 14.35  received.  Any transfer received during the last three days of a 
 14.36  reporting period shall be deposited within 72 hours of receipt 
 15.1   and shall be reported as received during the reporting period 
 15.2   whether or not deposited within that period.  Any deposited 
 15.3   transfer may be returned to the contributor within 60 90 days of 
 15.4   deposit.  A transfer deposited and not returned within 60 90 
 15.5   days of that deposit shall be deemed for the purposes of this 
 15.6   chapter, to be accepted by the candidate, political committee or 
 15.7   political fund. 
 15.8      Sec. 19.  Minnesota Statutes 1998, section 10A.15, 
 15.9   subdivision 5, is amended to read: 
 15.10     Subd. 5.  [LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND 
 15.11  REGISTRATION NUMBER ON CHECKS.] A contribution made to a 
 15.12  candidate by a lobbyist, political committee, or political fund 
 15.13  that makes a contribution to a candidate or party unit must show 
 15.14  on the contribution the name of the lobbyist, political 
 15.15  committee, or political fund and the number under which it is 
 15.16  registered with the board.  A candidate or party unit may rely 
 15.17  upon the presence or absence of a registration number in 
 15.18  determining whether the contribution is from a lobbyist and is 
 15.19  not subject to a civil penalty for the failure of a contributor 
 15.20  to comply with this subdivision.  The contributor is subject to 
 15.21  a civil penalty imposed by the board. 
 15.22     Sec. 20.  Minnesota Statutes 1998, section 10A.15, is 
 15.23  amended by adding a subdivision to read: 
 15.24     Subd. 6.  [CONTRIBUTION FROM A JOINT ACCOUNT.] A 
 15.25  contribution given by a check drawn on a joint account may be 
 15.26  considered to be a contribution by the owners of the joint 
 15.27  account in equal shares if the contributor notifies the 
 15.28  recipient that that is the contributor's intent. 
 15.29     Sec. 21.  Minnesota Statutes 1998, section 10A.20, 
 15.30  subdivision 2, is amended to read: 
 15.31     Subd. 2.  [TIME FOR FILING.] The reports shall be filed 
 15.32  with the board on or before January 31 of each year and 
 15.33  additional reports shall be filed as required and in accordance 
 15.34  with clauses (a) and, (b), and (c).  
 15.35     (a) In each year in which the name of the candidate is on 
 15.36  the ballot, the report of the principal campaign committee shall 
 16.1   be filed 15 days before a primary and ten days before a general 
 16.2   election, seven days before a special primary and a special 
 16.3   election, and ten days after a special election cycle.  The 
 16.4   report due after a special election may be filed on January 31 
 16.5   following the special election if the special election is held 
 16.6   not more than 60 days before that date.  
 16.7      (b) In each general election year political committees and 
 16.8   political funds other than principal campaign committees shall 
 16.9   file reports ten 15 days before a primary and ten days before a 
 16.10  general election.  
 16.11     If a scheduled filing date falls on a Saturday, Sunday or 
 16.12  legal holiday, the filing date shall be the next regular 
 16.13  business day. 
 16.14     (c) A political committee or political fund that makes a 
 16.15  contribution to a candidate who has filed for office in a 
 16.16  special election or independent expenditures related to a 
 16.17  special election shall file reports on the contribution or 
 16.18  expenditures seven days before the special primary and special 
 16.19  election and ten days after the special election cycle. 
 16.20     Sec. 22.  Minnesota Statutes 1998, section 10A.20, 
 16.21  subdivision 3, is amended to read: 
 16.22     Subd. 3.  [CONTENTS OF REPORT.] Each report under this 
 16.23  section shall disclose: 
 16.24     (a) The amount of liquid assets on hand at the beginning of 
 16.25  the reporting period; 
 16.26     (b) The name, address and employer, or occupation if 
 16.27  self-employed, of each individual, political committee or 
 16.28  political fund who within the year has made one or more 
 16.29  transfers or donations in kind to the political committee or 
 16.30  political fund, including the purchase of tickets for all fund 
 16.31  raising efforts, which in aggregate exceed $100 for legislative 
 16.32  or statewide candidates or ballot questions, together with the 
 16.33  amount and date of each transfer or donation in kind, and the 
 16.34  aggregate amount of transfers and donations in kind within the 
 16.35  year from each source so disclosed.  A donation in kind shall be 
 16.36  disclosed at its fair market value.  An approved expenditure is 
 17.1   listed as a donation in kind.  A donation in kind is considered 
 17.2   consumed in the reporting period in which it is received.  The 
 17.3   names of contributors shall be listed in alphabetical order; 
 17.4      (c) The sum of contributions to the political committee or 
 17.5   political fund during the reporting period; 
 17.6      (d) Each loan made or received by the political committee 
 17.7   or political fund within the year in aggregate in excess of 
 17.8   $100, continuously reported until repaid or forgiven, together 
 17.9   with the name, address, occupation and the principal place of 
 17.10  business, if any, of the lender and any endorser and the date 
 17.11  and amount of the loan.  If any loan made to the principal 
 17.12  campaign committee of a candidate is forgiven at any time or 
 17.13  repaid by any entity other than that principal campaign 
 17.14  committee, it shall be reported as a contribution for the year 
 17.15  in which the loan was made; 
 17.16     (e) Each receipt in excess of $100 not otherwise listed 
 17.17  under clauses (b) to (d); 
 17.18     (f) The sum of all receipts of the political committee or 
 17.19  political fund during the reporting period; 
 17.20     (g) The name and address of each individual or association 
 17.21  to whom aggregate expenditures, including approved expenditures, 
 17.22  have been made by or on behalf of the political committee or 
 17.23  political fund within the year in excess of $100, together with 
 17.24  the amount, date and purpose of each expenditure and the name 
 17.25  and address of, and office sought by, each candidate on whose 
 17.26  behalf the expenditure was made, identification of the ballot 
 17.27  question which the expenditure is intended to promote or defeat, 
 17.28  and in the case of independent expenditures made in support of 
 17.29  or opposition to a candidate, the name, address and office 
 17.30  sought for each such candidate; 
 17.31     (h) The sum of all expenditures made by or on behalf of the 
 17.32  political committee or political fund during the reporting 
 17.33  period; 
 17.34     (i) The amount and nature of any advance of credit incurred 
 17.35  by the political committee or political fund, continuously 
 17.36  reported until paid or forgiven.  If any advance of credit 
 18.1   incurred by the principal campaign committee of a candidate is 
 18.2   forgiven at any time by the creditor or paid by any entity other 
 18.3   than that principal campaign committee, it shall be reported as 
 18.4   a donation in kind for the year in which the advance of credit 
 18.5   was incurred; 
 18.6      (j) The name and address of each political committee, 
 18.7   political fund, or principal campaign committee to which 
 18.8   aggregate transfers in excess of $100 have been made within the 
 18.9   year, together with the amount and date of each transfer; 
 18.10     (k) The sum of all transfers made by the political 
 18.11  committee, political fund, or principal campaign committee 
 18.12  during the reporting period; 
 18.13     (l) Except for contributions to a candidate or committee 
 18.14  for a candidate for office in a municipality as defined in 
 18.15  section 471.345, subdivision 1, the name and address of each 
 18.16  individual or association to whom aggregate noncampaign 
 18.17  disbursements in excess of $100 have been made within the year 
 18.18  by or on behalf of a principal campaign committee, political 
 18.19  committee, or political fund, together with the amount, date, 
 18.20  and purpose of each noncampaign disbursement; 
 18.21     (m) The sum of all noncampaign disbursements made within 
 18.22  the year by or on behalf of a principal campaign committee, 
 18.23  political committee, or political fund; 
 18.24     (n) The name and address of a nonprofit corporation that 
 18.25  provides administrative assistance to a political committee or 
 18.26  political fund as authorized by section 211B.15, subdivision 17, 
 18.27  together with the type of administrative assistance provided and 
 18.28  the aggregate fair market value of each type of assistance 
 18.29  provided to the political committee or political fund during the 
 18.30  reporting period; and 
 18.31     (o) A report filed under subdivision 2, clause (b), by a 
 18.32  political committee or political fund that is subject to 
 18.33  subdivision 14, must contain the information required by 
 18.34  subdivision 14, if the political committee or political fund has 
 18.35  solicited and caused others to make aggregate contributions 
 18.36  greater than $5,000 between January 1 of the general election 
 19.1   year and the end of the reporting period.  This disclosure 
 19.2   requirement is in addition to the report required by subdivision 
 19.3   14. 
 19.4      Sec. 23.  Minnesota Statutes 1998, section 10A.20, 
 19.5   subdivision 5, is amended to read: 
 19.6      Subd. 5.  [PREELECTION REPORTS.] In any statewide election 
 19.7   any loan, contribution, or contributions from any one source 
 19.8   totaling $2,000 or more, or in any legislative election totaling 
 19.9   more than $400, received between the last day covered in the 
 19.10  last report prior to an election and the election shall be 
 19.11  reported to the board in one of the following ways: 
 19.12     (1) in person within 48 hours after its receipt; 
 19.13     (2) by telegram or mailgram within 48 hours after its 
 19.14  receipt; or 
 19.15     (3) by certified first class mail sent received by the 
 19.16  board within 48 hours after its receipt the contribution was 
 19.17  received; 
 19.18     (4) by facsimile transmission received by the board within 
 19.19  48 hours after the contribution was received; or 
 19.20     (5) by any other method of electronic transmission approved 
 19.21  by the board and received by the board within 48 hours after the 
 19.22  contribution was received. 
 19.23     These loans and contributions must also be reported in the 
 19.24  next required report. 
 19.25     The 48-hour notice requirement does not apply with respect 
 19.26  to a primary if the statewide or legislative candidate is 
 19.27  unopposed in that primary. 
 19.28     Sec. 24.  Minnesota Statutes 1998, section 10A.20, 
 19.29  subdivision 12, is amended to read: 
 19.30     Subd. 12.  [FAILURE TO FILE; PENALTY.] The board shall 
 19.31  notify by certified mail or personal service any individual who 
 19.32  fails to file a statement required by this section.  If an 
 19.33  individual fails to file a statement due January 31 within seven 
 19.34  ten days after receiving a notice was mailed, the board may 
 19.35  impose a late filing fee of $5 per day, not to exceed $100, 
 19.36  commencing on the eighth 11th day after receiving the notice 
 20.1   was mailed.  If an individual fails to file a statement due 
 20.2   before any primary or election within three days of the date 
 20.3   due, regardless of whether the individual has received any 
 20.4   notice, the board may impose a late filing fee of $50 per day, 
 20.5   not to exceed $500, commencing on the fourth day after the date 
 20.6   the statement was due.  The board shall further notify by 
 20.7   certified mail or personal service any individual who fails to 
 20.8   file any statement within 14 days after receiving a first notice 
 20.9   from the board that the individual may be subject to a criminal 
 20.10  penalty for failure to file a statement.  The late filing fee 
 20.11  may be paid out of the assets of the political committee or 
 20.12  fund.  An individual who knowingly fails to file the statement 
 20.13  within seven 30 days after receiving a second notice from the 
 20.14  board learning that the filing is required is guilty of a 
 20.15  misdemeanor. 
 20.16     Sec. 25.  Minnesota Statutes 1998, section 10A.20, is 
 20.17  amended by adding a subdivision to read: 
 20.18     Subd. 15.  [EQUITABLE RELIEF.] A candidate whose opponent 
 20.19  does not timely file the report due ten days before the general 
 20.20  election may petition the district court for immediate equitable 
 20.21  relief to enforce the filing requirement. 
 20.22     Sec. 26.  Minnesota Statutes 1998, section 10A.23, is 
 20.23  amended to read: 
 20.24     10A.23 [CHANGES AND CORRECTIONS.] 
 20.25     Subdivision 1.  [REPORT.] Any material changes in 
 20.26  information previously submitted and any corrections to a report 
 20.27  or statement shall be reported in writing to the board within 
 20.28  ten days following the date of the event prompting the change or 
 20.29  the date upon which the person filing became aware of the 
 20.30  inaccuracy.  The change or correction shall identify the form 
 20.31  and the paragraph containing the information to be changed or 
 20.32  corrected.  If the board determines that a report or statement 
 20.33  is inaccurate or incomplete, the board shall notify by certified 
 20.34  mail the person who filed the report or statement of the need to 
 20.35  correct it. 
 20.36     Subd. 2.  [PENALTY.] If the person fails to file a 
 21.1   corrected report or statement within ten days after:  (1) the 
 21.2   event prompting the change; (2) the date upon which the person 
 21.3   filing became aware of the inaccuracy; or (3) the date the 
 21.4   notice was mailed, the board may impose a late filing fee at the 
 21.5   rate of $5 a day, not to exceed $100, commencing with the 11th 
 21.6   day. 
 21.7      Any person who willfully fails to report a material change 
 21.8   or correction is guilty of a gross misdemeanor. 
 21.9      Sec. 27.  Minnesota Statutes 1998, section 10A.25, 
 21.10  subdivision 2, is amended to read: 
 21.11     Subd. 2.  [MAXIMUM EXPENDITURES.] (a) In a year in which an 
 21.12  election is held for an office sought by a candidate, no 
 21.13  expenditures shall be made by the principal campaign committee 
 21.14  of that candidate, nor any approved expenditures made on behalf 
 21.15  of that candidate which expenditures and approved expenditures 
 21.16  result in an aggregate amount in excess of the following: 
 21.17     (1) for governor and lieutenant governor, running together, 
 21.18  $1,626,691; 
 21.19     (2) for attorney general, $271,116 $353,200; 
 21.20     (3) for secretary of state, state treasurer, and state 
 21.21  auditor, separately, $135,559 $176,600; 
 21.22     (4) for state senator, $40,669; 
 21.23     (5) for state representative, $20,335. 
 21.24     (b) If a special election cycle occurs during a general 
 21.25  election cycle, expenditures by or on behalf of a candidate in 
 21.26  the special election do not count as expenditures by or on 
 21.27  behalf of the candidate in the general election. 
 21.28     (c) The expenditure limits in this subdivision for an 
 21.29  office are increased by ten percent for a candidate who is 
 21.30  running for that office for the first time and who has not run 
 21.31  previously for any other office whose territory now includes a 
 21.32  population that is more than one-third of the population in the 
 21.33  territory of the new office. 
 21.34     Sec. 28.  Minnesota Statutes 1998, section 10A.25, 
 21.35  subdivision 10, is amended to read: 
 21.36     Subd. 10.  [EFFECT OF OPPONENT'S CONDUCT.] (a) After August 
 22.1   1 in an election year for the office, a candidate who has agreed 
 22.2   to be bound by the expenditure limits imposed by this section as 
 22.3   a condition of receiving a public subsidy for the candidate's 
 22.4   campaign is may choose to be released from the expenditure 
 22.5   limits but remains remain eligible to receive a public subsidy 
 22.6   if the candidate has an opponent who does has not agree agreed 
 22.7   to be bound by the limits and receives has received 
 22.8   contributions or makes made or becomes become obligated to make 
 22.9   expenditures during that election cycle in excess of the 
 22.10  following limits: 
 22.11     (1) up to ten days during the reporting period before the 
 22.12  primary election, receipts or expenditures equal to 20 percent 
 22.13  of the expenditure limit for that office as set forth in 
 22.14  subdivision 2; or 
 22.15     (2) after ten days before the primary election that 
 22.16  reporting period, cumulative receipts or expenditures during 
 22.17  that election cycle equal to 50 percent of the expenditure limit 
 22.18  for that office as set forth in subdivision 2.  
 22.19     Before the primary election, a candidate's "opponents" are 
 22.20  only those who will appear on the ballot of the same party in 
 22.21  the primary election. 
 22.22     (b) A candidate who has not agreed to be bound by 
 22.23  expenditure limits, or the candidate's principal campaign 
 22.24  committee, shall file written notice with the board and provide 
 22.25  written notice to any opponent of the candidate for the same 
 22.26  office within 24 hours of exceeding the limits in paragraph (a), 
 22.27  clause (2).  The notice must state only that the candidate or 
 22.28  candidate's principal campaign committee has received 
 22.29  contributions or made or become obligated to make campaign 
 22.30  expenditures in excess of the limits in paragraph (a), clause 
 22.31  (2).  
 22.32     (c) Upon receipt of the notice the, a candidate who has 
 22.33  agreed to be bound by the limits is may file with the board a 
 22.34  notice that the candidate chooses to be no longer bound by the 
 22.35  expenditure limits.  A notice of a candidate's choice not to be 
 22.36  bound by the expenditure limits that is based on the conduct of 
 23.1   an opponent in the state primary election may not be filed more 
 23.2   than one day after the state canvassing board has declared the 
 23.3   results of the state primary. 
 23.4      (d) A candidate who has agreed to be bound by the 
 23.5   expenditure limits imposed by this section and whose opponent in 
 23.6   the general election has chosen, as provided in paragraph (c), 
 23.7   not to be bound by the expenditure limits because of the conduct 
 23.8   of an opponent in the primary election is no longer bound by the 
 23.9   limits but remains eligible to receive a public subsidy. 
 23.10     Sec. 29.  Minnesota Statutes 1998, section 10A.255, 
 23.11  subdivision 1, is amended to read: 
 23.12     Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
 23.13  provided in section 10A.25, subdivision 2, must be adjusted for 
 23.14  general election years as provided in this section.  By June 1 
 23.15  of the general election year, the executive director of the 
 23.16  board shall determine the percentage increase in the consumer 
 23.17  price index from December of the year preceding the last general 
 23.18  election year to December of the year preceding the year in 
 23.19  which the determination is made.  The dollar amounts used for 
 23.20  the preceding general election year must be multiplied by that 
 23.21  percentage.  The product of the calculation must be added to 
 23.22  each dollar amount to produce the dollar limitations to be in 
 23.23  effect for the next general election.  The product must be 
 23.24  rounded up to the next highest whole dollar $100 increment.  The 
 23.25  index used must be the revised consumer price index for all 
 23.26  urban consumers for the St. Paul-Minneapolis metropolitan area 
 23.27  prepared by the United States Department of Labor with 1982 as a 
 23.28  base year. 
 23.29     Sec. 30.  Minnesota Statutes 1998, section 10A.27, 
 23.30  subdivision 10, is amended to read: 
 23.31     Subd. 10.  [PROHIBITED CONTRIBUTIONS.] A candidate who 
 23.32  accepts a public subsidy may not contribute to the candidate's 
 23.33  own campaign more than ten times the candidate's election year 
 23.34  contribution limit under subdivision 1, except that a candidate 
 23.35  whose name was on the primary or general election ballot but who 
 23.36  was not elected may contribute up to 20 times the candidate's 
 24.1   election year contribution limit.  A candidate who terminates 
 24.2   the candidate's principal campaign committee may contribute to 
 24.3   the committee an amount necessary to pay all or part of the 
 24.4   debts of the committee. 
 24.5      Sec. 31.  Minnesota Statutes 1998, section 10A.29, is 
 24.6   amended to read: 
 24.7      10A.29 [CIRCUMVENTION PROHIBITED.] 
 24.8      Any attempt by an individual or association to circumvent 
 24.9   the provisions of this chapter by redirecting funds or giving a 
 24.10  gift through, or contributing funds or giving a gift on behalf 
 24.11  of, another individual or association is a gross misdemeanor. 
 24.12     Sec. 32.  Minnesota Statutes 1998, section 10A.31, 
 24.13  subdivision 7, is amended to read: 
 24.14     Subd. 7.  [DISTRIBUTION OF GENERAL ACCOUNT.] (a) Within two 
 24.15  weeks after certification by the state canvassing board of the 
 24.16  results of the general election, the board shall distribute the 
 24.17  available funds in the general account, as certified by the 
 24.18  commissioner of revenue on November 1 and according to 
 24.19  allocations set forth in subdivision 5, in equal amounts to all 
 24.20  candidates for each statewide office who received at least five 
 24.21  percent of the votes cast in the general election for that 
 24.22  office, and to all candidates for legislative office who 
 24.23  received at least ten percent of the votes cast in the general 
 24.24  election for the specific office for which they were candidates, 
 24.25  provided that the public subsidy under this subdivision may not 
 24.26  be paid in an amount that would cause the sum of the public 
 24.27  subsidy paid from the party account plus the public subsidy paid 
 24.28  from the general account and the public subsidy paid to match 
 24.29  independent expenditures to exceed 50 percent of the expenditure 
 24.30  limit for the candidate.  If a candidate is entitled to receive 
 24.31  an opponent's share of the general account public subsidy under 
 24.32  section 10A.25, subdivision 10, the opponent's share must be 
 24.33  excluded in calculating the 50 percent limit.  Money from the 
 24.34  general account not paid to a candidate because of the 50 
 24.35  percent limit must be distributed equally among all other 
 24.36  qualifying candidates for the same office until all have reached 
 25.1   the 50 percent limit or the balance in the general account is 
 25.2   exhausted.  The board shall not use the information contained in 
 25.3   the report of the principal campaign committee of any candidate 
 25.4   due ten days before the general election for the purpose of 
 25.5   reducing the amount due that candidate from the general account. 
 25.6      (b) If a candidate has not yet filed a campaign finance 
 25.7   report required by section 10A.20, subdivision 2, or the 
 25.8   candidate owes money to the board, the board shall not pay a 
 25.9   public subsidy to the candidate until the report has been filed 
 25.10  or the debt has been paid, whichever applies. 
 25.11     Sec. 33.  Minnesota Statutes 1998, section 10A.31, 
 25.12  subdivision 10, is amended to read: 
 25.13     Subd. 10.  [DISTRIBUTION.] In the event that on the date of 
 25.14  either certification by the commissioner of revenue as provided 
 25.15  in subdivisions 6 and 7, less than 98 percent of the tax returns 
 25.16  have been processed, the commissioner of revenue shall certify 
 25.17  to the board by December 1 the amount accumulated in each 
 25.18  account since the previous certification.  By December 15, the 
 25.19  board shall distribute to each candidate according to the 
 25.20  allocations as provided in subdivision 5 the amounts to which 
 25.21  the candidates are entitled in the form of checks made "payable 
 25.22  to the campaign fund of ......(name of candidate)......."  A 
 25.23  check may include as an additional payee a financial institution 
 25.24  named by the candidate in a notice filed with the board at least 
 25.25  ten days before the payment was due to be made.  Once the notice 
 25.26  has been filed, the candidate may not remove or change the name 
 25.27  of the additional payee without filing with the board the 
 25.28  written approval of the financial institution previously named.  
 25.29  Any money accumulated after the final certification shall be 
 25.30  maintained in the respective accounts for distribution in the 
 25.31  next general election year. 
 25.32     Sec. 34.  Minnesota Statutes 1998, section 10A.315, is 
 25.33  amended to read: 
 25.34     10A.315 [SPECIAL ELECTION SUBSIDY.] 
 25.35     (a) Each eligible candidate for a legislative office in a 
 25.36  special election must be paid a public subsidy equal to the sum 
 26.1   of: 
 26.2      (1) the party account money at the last general election 
 26.3   for the candidate's party for the office the candidate is 
 26.4   seeking; and 
 26.5      (2) the general account money paid to candidates for the 
 26.6   same office at the last general election.  
 26.7      (b) If the filing period for the special election coincides 
 26.8   with the filing period for the general election, the candidate 
 26.9   must meet the matching requirements of section 10A.323 and the 
 26.10  special election subsidy must be distributed in the same manner 
 26.11  as money is distributed to legislative candidates in a general 
 26.12  election. 
 26.13     (c) If the filing period for the special election does not 
 26.14  coincide with the filing period for the general election, the 
 26.15  procedures in this paragraph apply.  A candidate who wishes to 
 26.16  receive this public subsidy must submit a signed agreement under 
 26.17  section 10A.322 to the board not later than the day after the 
 26.18  candidate files the affidavit of candidacy or nominating 
 26.19  petition for the office.  The candidate must meet the matching 
 26.20  requirements of section 10A.323, except that the candidate may 
 26.21  count contributions received during the two months immediately 
 26.22  preceding the special election, other than contributions the 
 26.23  candidate has previously included on an affidavit of 
 26.24  contributions for another election, and the amount of 
 26.25  contributions required is one-quarter of the amount stated in 
 26.26  section 10A.323.  The special election subsidy must be 
 26.27  distributed in the same manner as money in the party and general 
 26.28  accounts is distributed to legislative candidates in a general 
 26.29  election. 
 26.30     (d) The amount necessary to make the payments required by 
 26.31  this subdivision section is appropriated from the general fund 
 26.32  to the state treasurer board. 
 26.33     Sec. 35.  Minnesota Statutes 1998, section 10A.322, 
 26.34  subdivision 1, is amended to read: 
 26.35     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 26.36  condition of receiving a public subsidy, a candidate shall sign 
 27.1   and file with the board a written agreement in which the 
 27.2   candidate agrees that the candidate will comply with sections 
 27.3   10A.25 and 10A.324. 
 27.4      (b) Before the first day of filing for office, the board 
 27.5   shall forward agreement forms to all filing officers.  The board 
 27.6   shall also provide agreement forms to candidates on request at 
 27.7   any time.  The candidate may sign an agreement and submit it to 
 27.8   the filing officer on the day of filing an affidavit of 
 27.9   candidacy or petition to appear on the ballot, in which case the 
 27.10  filing officer shall without delay forward signed agreements to 
 27.11  the board.  Alternatively, the candidate may submit the 
 27.12  agreement directly to the board at any time before September 
 27.13  August 1 preceding the general election.  An agreement may not 
 27.14  be filed after that date.  An agreement once filed may not be 
 27.15  rescinded. 
 27.16     (c) The board shall forward a copy of any agreement signed 
 27.17  under this subdivision to the commissioner of revenue.  
 27.18     (d) Notwithstanding any provisions of this section, when a 
 27.19  vacancy occurs that will be filled by means of a special 
 27.20  election and the filing period does not coincide with the filing 
 27.21  period for the general election, a candidate may sign and submit 
 27.22  a spending limit agreement at any time before the deadline for 
 27.23  submission of a signed agreement under section 10A.315. 
 27.24     (e) A candidate who fills a vacancy in nomination that 
 27.25  occurs after the deadline in paragraph (b) may file a spending 
 27.26  limit agreement no later than the day after the candidate fills 
 27.27  the vacancy. 
 27.28     Sec. 36.  Minnesota Statutes 1998, section 10A.322, 
 27.29  subdivision 4, is amended to read: 
 27.30     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
 27.31  make available to a political party as defined in section 
 27.32  290.06, subdivision 23, on request and to any candidate for whom 
 27.33  an agreement under this section is effective, a supply of 
 27.34  official refund receipt forms that state in boldface type that 
 27.35  (1) a contributor who is given a receipt form is eligible to 
 27.36  claim a refund as provided in section 290.06, subdivision 23, 
 28.1   and (2) if the contribution is to a candidate, that the 
 28.2   candidate has signed an agreement to limit campaign expenditures 
 28.3   as provided in this section.  The forms must provide duplicate 
 28.4   copies of the receipt to be attached to the contributor's 
 28.5   claim.  A candidate who does not sign an agreement under this 
 28.6   section and who willfully issues an official refund receipt form 
 28.7   or a facsimile of one to any of the candidate's contributors is 
 28.8   guilty of a misdemeanor.  A principal campaign committee or 
 28.9   party unit shall return to the board with its termination report 
 28.10  or destroy any official receipt forms that have not been issued. 
 28.11     Sec. 37.  Minnesota Statutes 1998, section 10A.324, 
 28.12  subdivision 1, is amended to read: 
 28.13     Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate shall 
 28.14  return all or a portion of the public subsidy received from the 
 28.15  state elections campaign fund or the public matching subsidy 
 28.16  received under section 10A.315, under the circumstances in this 
 28.17  section or section 10A.25, subdivision 11. 
 28.18     (a) To the extent that the amount of public subsidy 
 28.19  received by the candidate exceeds the expenditure limits for the 
 28.20  office held or sought, as provided in section 10A.25 and as 
 28.21  adjusted by section 10A.255, the treasurer of the candidate's 
 28.22  principal campaign committee shall return the excess to the 
 28.23  board. 
 28.24     (b) To the extent that the amount of public subsidy 
 28.25  received exceeds the aggregate of:  (1) actual expenditures made 
 28.26  by the principal campaign committee of the candidate; and (2) 
 28.27  approved expenditures made on behalf of the candidate, the 
 28.28  treasurer of the candidate's principal campaign committee shall 
 28.29  return an amount equal to the difference to the board. 
 28.30     (c) If the board determines that a candidate has filed an 
 28.31  affidavit of contributions under section 10A.323 that is not 
 28.32  supported by the campaign finance reports filed by the candidate 
 28.33  under section 10A.20, the board shall notify the treasurer of 
 28.34  the candidate's principal campaign committee.  If the treasurer 
 28.35  fails promptly to correct the campaign finance reports to 
 28.36  support the affidavit, the board shall withhold any public 
 29.1   subsidy not yet paid to the candidate and demand return of any 
 29.2   public subsidy paid to the candidate for that election cycle.  
 29.3   The treasurer shall return the entire public subsidy to the 
 29.4   board. 
 29.5      Sec. 38.  Minnesota Statutes 1998, section 10A.34, is 
 29.6   amended to read: 
 29.7      10A.34 [REMEDIES.] 
 29.8      Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
 29.9   a duty under sections 10A.02 to 10A.34 shall be this chapter or 
 29.10  section 471.895 is personally liable for the penalty for failing 
 29.11  to discharge it. 
 29.12     Subd. 1a.  [LATE FILING FEES.] The board may bring an 
 29.13  action in the district court in Ramsey county to recover any 
 29.14  late filing fee or civil penalty imposed or public subsidy paid 
 29.15  pursuant to any provision of this chapter or section 471.895.  
 29.16  All money recovered shall be deposited in the general fund of 
 29.17  the state. 
 29.18     Subd. 2.  [INJUNCTION.] The board or a county attorney may 
 29.19  seek an injunction in the district court to enforce the 
 29.20  provisions of sections 10A.02 to 10A.34 this chapter or section 
 29.21  471.895. 
 29.22     Subd. 3.  [NOT A CRIME.] Unless otherwise provided, a 
 29.23  violation of sections 10A.02 to 10A.34 this chapter or section 
 29.24  471.895 is not a crime but is subject to a civil penalty imposed 
 29.25  by the board in an amount up to $500. 
 29.26     Subd. 4.  [AWARD OF COSTS.] If the board prevails in an 
 29.27  action to enforce this chapter or section 471.895, the board may 
 29.28  request and the court may award to the board its costs, 
 29.29  disbursements, reasonable attorney fees, and witness fees. 
 29.30     Subd. 5.  [PENALTY FOR FALSE COMPLAINTS.] A person who 
 29.31  knowingly makes a false or bad faith complaint or report of an 
 29.32  alleged violation of this chapter or section 471.895 is subject 
 29.33  to a civil penalty imposed by the board of up to $500. 
 29.34     Sec. 39.  Minnesota Statutes 1998, section 200.02, is 
 29.35  amended by adding a subdivision to read: 
 29.36     Subd. 23.  [PARTY UNIT.] "Party unit" means the state 
 30.1   committee or the party organization within a house of the 
 30.2   legislature, congressional district, county, legislative 
 30.3   district, municipality, or precinct. 
 30.4      Sec. 40.  Minnesota Statutes 1998, section 201.13, is 
 30.5   amended by adding a subdivision to read: 
 30.6      Subd. 4.  [CHANGE OF ADDRESS; UPDATING VOTER RECORDS.] The 
 30.7   secretary of state may periodically obtain the names and 
 30.8   addresses of residents of this state who have filed a permanent 
 30.9   change of address order with the United States Postal Service 
 30.10  and report this information to the county auditors, who shall 
 30.11  update the appropriate voters' records in the manner provided in 
 30.12  this subdivision. 
 30.13     The secretary of state shall search the statewide 
 30.14  registration system to identify registered voters whose change 
 30.15  of address has been confirmed by mailed notice by the United 
 30.16  States Postal Service and shall provide the county auditors with 
 30.17  a report on these voters.  The county auditor shall update each 
 30.18  voter's record to reflect the voter's new address in this 
 30.19  state.  The county auditor shall verify each voter's new address 
 30.20  by nonforwardable mailed notice in the manner provided by 
 30.21  section 201.121, subdivision 2.  The county auditor shall delete 
 30.22  from the statewide registration system the records of persons 
 30.23  who no longer reside in this state.  
 30.24     Sec. 41.  Minnesota Statutes 1998, section 211A.02, 
 30.25  subdivision 2, is amended to read: 
 30.26     Subd. 2.  [INFORMATION REQUIRED.] The report to be filed by 
 30.27  a candidate or committee must include:  
 30.28     (1) the name of the candidate or ballot question; 
 30.29     (2) the name and address of the person responsible for 
 30.30  filing the report; 
 30.31     (3) the total amount of receipts and expenditures for the 
 30.32  period from the last previous report to five days before the 
 30.33  current report is due; 
 30.34     (4) the purpose for each expenditure; and 
 30.35     (5) the name of any individual or committee that during the 
 30.36  year has made one or more contributions that in the aggregate 
 31.1   are equal to or greater more than $500 $100.  
 31.2      Sec. 42.  Minnesota Statutes 1998, section 211A.12, is 
 31.3   amended to read: 
 31.4      211A.12 [CONTRIBUTION LIMITS.] 
 31.5      Subdivision 1.  [INDIVIDUALS AND COMMITTEES.] A candidate 
 31.6   or a candidate's committee may not accept aggregate 
 31.7   contributions made or delivered by an individual or committee in 
 31.8   excess of $300 in an election year for the office sought and 
 31.9   $100 in other years; except that a candidate or a candidate's 
 31.10  committee for an office whose territory has a population over 
 31.11  100,000 may not accept aggregate contributions made or delivered 
 31.12  by an individual or committee in excess of $500 in an election 
 31.13  year for the office sought and $100 in other years.  
 31.14     The following deliveries are not subject to the bundling 
 31.15  limitation in this section:  
 31.16     (1) delivery of contributions collected by a member of the 
 31.17  candidate's committee, such as a block worker or a volunteer who 
 31.18  hosts a fundraising event, to the committee's treasurer; and 
 31.19     (2) a delivery made by an individual on behalf of the 
 31.20  individual's spouse. 
 31.21     Notwithstanding sections 211A.02, subdivision 3, and 
 31.22  410.21, this section supersedes any home rule charter.  
 31.23     Subd. 2.  [POLITICAL PARTIES.] A candidate and a 
 31.24  candidate's committee together may accept contributions from 
 31.25  political party units in aggregate up to ten times the amount 
 31.26  that may be contributed to the candidate as set forth in 
 31.27  subdivision 1. 
 31.28     Sec. 43.  [211A.125] [MULTICANDIDATE POLITICAL PARTY 
 31.29  EXPENDITURES.] 
 31.30     The following expenditures by a party unit, or two or more 
 31.31  party units acting together, are not considered contributions to 
 31.32  a candidate for the purposes of section 211A.12 and must not be 
 31.33  allocated to candidates under section 211A.02, subdivision 2: 
 31.34     (1) expenditures on behalf of candidates of that party 
 31.35  generally without referring to any of them specifically in a 
 31.36  published, posted, or broadcast advertisement; 
 32.1      (2) expenditures for the preparation, display, mailing, or 
 32.2   other distribution of an official party sample ballot listing 
 32.3   the names of three or more individuals whose names are to appear 
 32.4   on the ballot; 
 32.5      (3) expenditures for a telephone conversation that includes 
 32.6   the names of three or more individuals whose names are to appear 
 32.7   on the ballot; 
 32.8      (4) expenditures for a political party fundraising effort 
 32.9   on behalf of three or more candidates; or 
 32.10     (5) expenditures for party committee staff services that 
 32.11  benefit three or more candidates. 
 32.12     Sec. 44.  Minnesota Statutes 1998, section 290.06, 
 32.13  subdivision 23, is amended to read: 
 32.14     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 32.15  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 32.16  amount of the taxpayer's contributions made in the calendar year 
 32.17  to candidates and to any political party.  The maximum refund 
 32.18  for an individual must not exceed $50 and, for a married couple 
 32.19  filing jointly, must not exceed $100.  A refund of a 
 32.20  contribution is allowed only if the taxpayer files a form 
 32.21  required by the commissioner and attaches to the form a copy of 
 32.22  an official refund receipt form issued by the candidate or party 
 32.23  and signed by the candidate, the treasurer of the candidate's 
 32.24  principal campaign committee, or the party chair, after the 
 32.25  contribution was received.  The receipt forms must be numbered, 
 32.26  and the data on the receipt that are not public must be made 
 32.27  available to the campaign finance and public disclosure board 
 32.28  upon its request.  A claim must be filed with the commissioner 
 32.29  not sooner than January 1 of the calendar year in which the 
 32.30  contribution is made and no later than April 15 of the calendar 
 32.31  year following the calendar year in which the contribution is 
 32.32  made.  A taxpayer may file only one claim per calendar year.  
 32.33  Amounts paid by the commissioner after June 15 of the calendar 
 32.34  year following the calendar year in which the contribution is 
 32.35  made must include interest at the rate specified in section 
 32.36  270.76. 
 33.1      (b) No refund is allowed under this subdivision for a 
 33.2   contribution to any candidate unless the candidate: 
 33.3      (1) has signed an agreement to limit campaign expenditures 
 33.4   as provided in section 10A.322 or 10A.43; 
 33.5      (2) is seeking an office for which voluntary spending 
 33.6   limits are specified in section 10A.25 or 10A.43; and 
 33.7      (3) has designated a principal campaign committee.  
 33.8      This subdivision does not limit the campaign expenditure of 
 33.9   a candidate who does not sign an agreement but accepts a 
 33.10  contribution for which the contributor improperly claims a 
 33.11  refund.  
 33.12     (c) For purposes of this subdivision, "political party" 
 33.13  means a major political party as defined in section 200.02, 
 33.14  subdivision 7, or a minor political party qualifying for 
 33.15  inclusion on the income tax or property tax refund form under 
 33.16  section 10A.31, subdivision 3a.  
 33.17     A "major or minor party" includes the aggregate of the 
 33.18  party organization within each house of the legislature, the 
 33.19  state party organization, and the party organization within 
 33.20  congressional districts, counties, and legislative districts, 
 33.21  municipalities, and precincts.  
 33.22     "Candidate" means a congressional candidate as defined in 
 33.23  section 10A.41, subdivision 4, or a candidate as defined in 
 33.24  section 10A.01, subdivision 5, except a candidate for judicial 
 33.25  office.  
 33.26     "Contribution" means a gift of money. 
 33.27     (d) The commissioner shall make copies of the form 
 33.28  available to the public and candidates upon request. 
 33.29     (e) The following data collected or maintained by the 
 33.30  commissioner under this subdivision are private:  the identities 
 33.31  of individuals claiming a refund, the identities of candidates 
 33.32  to whom those individuals have made contributions, and the 
 33.33  amount of each contribution.  
 33.34     (f) The commissioner shall report to the campaign finance 
 33.35  and public disclosure board by August 1 of each year a summary 
 33.36  showing the total number and aggregate amount of political 
 34.1   contribution refunds made on behalf of each candidate and each 
 34.2   political party.  These data are public. 
 34.3      (g) The amount necessary to pay claims for the refund 
 34.4   provided in this section is appropriated from the general fund 
 34.5   to the commissioner of revenue. 
 34.6      Sec. 45.  Minnesota Statutes 1998, section 471.895, is 
 34.7   amended to read: 
 34.8      471.895 [CERTAIN GIFTS BY INTERESTED PERSONS PROHIBITED.] 
 34.9      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 34.10  subdivision apply to this section. 
 34.11     (b) "Family" means all the members of the recipient's 
 34.12  grandparents by blood, marriage, or adoption, including a former 
 34.13  spouse. 
 34.14     (c) "Gift" has the meaning given it in section 10A.071, 
 34.15  subdivision 1 means money, real or personal property, a service, 
 34.16  a loan, or a forbearance or forgiveness of indebtedness, that is 
 34.17  given and received without the giver receiving consideration of 
 34.18  equal or greater value in return. 
 34.19     (c) (d) "Interested person" means a person or a 
 34.20  representative of a person or association that has a direct 
 34.21  financial interest in a decision that a the local official 
 34.22  receiving a gift from the person is authorized to make.  To be 
 34.23  "direct," the financial interest of the giver must be of greater 
 34.24  consequence to the giver than the general interest of all 
 34.25  residents or taxpayers of the official's governmental unit. 
 34.26     (d) (e) "Local governmental unit" means a county or a 
 34.27  statutory or home rule charter city. 
 34.28     (f) "Local official" means an elected or appointed official 
 34.29  of a county or city or of an agency, authority, or 
 34.30  instrumentality of a county or city. 
 34.31     Subd. 2.  [PROHIBITION.] An interested person may not give 
 34.32  a gift or request another to give a gift to a local official.  A 
 34.33  local official may not accept a gift from an interested person. 
 34.34     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
 34.35  section do not apply if the gift is: 
 34.36     (1) a contribution as defined in section 10A.01, 
 35.1   subdivision 7, or 211A.01, subdivision 5, or as defined by 
 35.2   federal law for contributions to candidates for federal offices; 
 35.3      (2) services to assist an the official in the performance 
 35.4   of official duties, including but not limited to providing 
 35.5   advice, consultation, information, and communication in 
 35.6   connection with legislation, and services to constituents; 
 35.7      (3) services of insignificant monetary value; 
 35.8      (4) a plaque, framed certificate, or similar memento 
 35.9   recognizing individual services in a field of specialty or to a 
 35.10  charitable cause; 
 35.11     (5) a trinket or memento of insignificant value; 
 35.12     (6) informational material of unexceptional insignificant 
 35.13  value or that will assist the official in the performance of 
 35.14  official duties; or 
 35.15     (7) food or a beverage not to exceed $5 per occasion in 
 35.16  value to the recipient given by a host as part of ordinary 
 35.17  office hospitality or at a meeting away from the offices of the 
 35.18  governmental entity in which the recipient official holds 
 35.19  office; or 
 35.20     (8) food or a beverage given at a reception, meal, or 
 35.21  meeting away from the recipient's place of work offices of the 
 35.22  governmental entity in which the recipient official holds office 
 35.23  by an organization before whom the recipient appears to make and 
 35.24  makes a speech or answer questions as part of a program, and 
 35.25  reasonable travel and one night's lodging expenses within the 
 35.26  state actually incurred and necessary for participation in the 
 35.27  program. 
 35.28     (b) The prohibitions in this section do not apply if the 
 35.29  gift is given: 
 35.30     (1) because of the recipient's membership in a group, a 
 35.31  majority of whose members are not local officials, and an 
 35.32  equivalent gift is given or offered to the other members of the 
 35.33  group; or 
 35.34     (2) by a national or multistate organization of 
 35.35  governmental organizations or public officials, if a majority of 
 35.36  the dues to the organization are paid from public funds, to 
 36.1   participants in a conference, seminar, meeting, or trip 
 36.2   sponsored by that organization, if an equivalent gift is given 
 36.3   or offered to all other participants, even if the gift to the 
 36.4   local official was made possible by a gift to the organization 
 36.5   by an interested person; 
 36.6      (3) to a local official attending the national convention 
 36.7   of a major political party or the inauguration of the president 
 36.8   of the United States, if an equivalent gift is given or offered 
 36.9   to all other participants; 
 36.10     (4) by an interested person who is a member of the family 
 36.11  of the recipient, unless the gift is given on behalf of someone 
 36.12  who is not a member of that family.; 
 36.13     (5) by an interested person as a contribution of a prize or 
 36.14  money to purchase a prize for an event that is designed to 
 36.15  benefit an organization that qualifies under section 501(c)(3) 
 36.16  of the Internal Revenue Code of 1986; 
 36.17     (6) to a local official who acts only as the agent for the 
 36.18  giver in making a gift to a foreign dignitary; or 
 36.19     (7) on the occasion of a wedding, illness, or funeral. 
 36.20     (c) The prohibitions in this section do not apply if the 
 36.21  gift is given on the basis of personal friendship.  A gift is 
 36.22  presumed to be given on the basis of personal friendship if: 
 36.23     (1) the relationship between the giver and the recipient 
 36.24  was established before the recipient became a local official and 
 36.25  included an exchange of gifts between the two; 
 36.26     (2) the giver personally paid for the gift and did not seek 
 36.27  a tax deduction or business reimbursement for the gift; and 
 36.28     (3) the giver did not give or offer an equivalent gift to 
 36.29  other officials. 
 36.30     (d) If an employer makes a gift in the normal course of 
 36.31  employment to an employee, and a local official benefits from 
 36.32  the gift as the employee or as a member of the employee's 
 36.33  family, the prohibitions in this section do not apply. 
 36.34     Subd. 4.  [RETURN OF GIFT.] A local official who accepts a 
 36.35  gift in a good faith belief that it is lawful and returns it or 
 36.36  gives consideration of equal or greater value for it promptly 
 37.1   upon learning that it was not lawful is not subject to a penalty 
 37.2   for violating this section. 
 37.3      Subd. 5.  [CIRCUMVENTION PROHIBITED.] Any attempt by an 
 37.4   individual or association to circumvent this section by making a 
 37.5   gift through or on behalf of another individual or association 
 37.6   is a gross misdemeanor. 
 37.7      Sec. 46.  [EFFECTIVE DATE.] 
 37.8      Section 40 is effective July 1, 2000.