SF 1049

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; providing for costs of hearing Fair Campaign Practices Act
complaints; appropriating money; amending Minnesota Statutes 2006, sections
10A.31, subdivision 4; 211B.37.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 10A.31, subdivision 4, is amended to read:

Subd. 4.

Appropriation.

(a) The amounts designated by individuals for the state
elections campaign fund, less three percent, are appropriated from the general fund, must
be transferred and credited to the appropriate account in the state elections campaign fund,
and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
The remaining three percent must be kept in the general fund for administrative costs.

(b) In addition to the amounts in paragraph (a), $1,250,000 for each general election
is appropriated from the general fund for transfer to the general account of the state
elections campaign fund.

deleted text begin Of this appropriation, $65,000 each fiscal year must be set aside to pay assessments
made by the Office of Administrative Hearings under section 211B.37. Amounts
remaining after all assessments have been paid must be canceled to the general account.
deleted text end

Sec. 2.

Minnesota Statutes 2006, section 211B.37, is amended to read:

211B.37 COSTS ASSESSED.

Except as otherwise provided in section 211B.36, subdivision 3, the chief
administrative law judge shall assess the cost of considering complaints filed under section
211B.32 as provided in this section. Costs of complaints relating to a statewide ballot
question or an election for a statewide or legislative office must be assessed against the
appropriation from the general fund to the deleted text begin general account of the state elections campaign
fund in section 10A.31, subdivision 4 deleted text end new text begin Office of Administrative Hearings new text end . Costs of
complaints relating to any other ballot question or elective office must be assessed against
the county or counties in which the election is held. Where the election is held in more
than one county, the chief administrative law judge shall apportion the assessment among
the counties in proportion to their respective populations within the election district to
which the complaint relates according to the most recent decennial federal census.

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $130,000 is appropriated from the general fund to the Office of Administrative
Hearings to pay costs of hearing complaints of violations of the Fair Campaign Practices
Act by candidates for state office assessed against the general fund under Minnesota
Statutes, section 211B.37. $65,000 is for the fiscal year ending June 30, 2008, and $65,000
is for the fiscal year ending June 30, 2009.
new text end