SF 1086

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to elections; campaign finance; prohibiting 
  1.3             lobbying by a principal campaign committee or 
  1.4             political party committee that issues refund receipt 
  1.5             forms; amending Minnesota Statutes 1994, sections 
  1.6             10A.322, subdivisions 1, 2, 4, and by adding a 
  1.7             subdivision; and 290.06, subdivision 23; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 10A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [10A.062] [LOBBYING LIMITATION.] 
  1.11     A political party committee or principal campaign committee 
  1.12  which issues official refund receipt forms under section 
  1.13  10A.322, subdivision 4, may not use money for which a receipt 
  1.14  form was issued to make expenditures: 
  1.15     (1) for the purpose of attempting to influence legislative 
  1.16  or administrative action or the official action of a 
  1.17  metropolitan government unit by communicating or urging others 
  1.18  to communicate with public or local officials; or 
  1.19     (2) for direct payments to lobbyists in this state. 
  1.20     Sec. 2.  Minnesota Statutes 1994, section 10A.322, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  1.23  condition of receiving a public subsidy, a candidate shall sign 
  1.24  and file with the board a written agreement in which the 
  1.25  candidate agrees that the candidate will comply with sections 
  1.26  10A.062, 10A.25, and 10A.324. 
  1.27     (b) Before the first day of filing for office, the board 
  2.1   shall forward agreement forms to all filing officers.  The board 
  2.2   shall also provide agreement forms to candidates on request at 
  2.3   any time.  The candidate may sign an agreement and submit it to 
  2.4   the filing officer on the day of filing an affidavit of 
  2.5   candidacy or petition to appear on the ballot, in which case the 
  2.6   filing officer shall without delay forward signed agreements to 
  2.7   the board.  Alternatively, the candidate may submit the 
  2.8   agreement directly to the board at any time before September 1 
  2.9   preceding the general election.  An agreement may not be filed 
  2.10  after that date.  An agreement once filed may not be rescinded. 
  2.11     (c) The board shall forward a copy of any agreement signed 
  2.12  under this subdivision to the commissioner of revenue.  
  2.13     (d) Notwithstanding any provisions of this section, when a 
  2.14  vacancy occurs that will be filled by means of a special 
  2.15  election and the filing period does not coincide with the filing 
  2.16  period for the general election, a candidate may sign and submit 
  2.17  a spending limit agreement at any time before the deadline for 
  2.18  submission of a signed agreement under section 10A.315. 
  2.19     Sec. 3.  Minnesota Statutes 1994, section 10A.322, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
  2.22  insofar as it relates to the expenditure limits in section 
  2.23  10A.25, as adjusted by section 10A.255, and the prohibition in 
  2.24  section 10A.062, remains effective for candidates until the 
  2.25  dissolution of the principal campaign committee of the candidate 
  2.26  or the end of the first election cycle completed after the 
  2.27  agreement was filed, whichever occurs first. 
  2.28     Sec. 4.  Minnesota Statutes 1994, section 10A.322, is 
  2.29  amended by adding a subdivision to read: 
  2.30     Subd. 3a.  [REFUND RECEIPT PROGRAM; POLITICAL PARTY 
  2.31  AGREEMENT.] A political party committee that wishes to issue 
  2.32  official refund receipt forms under subdivision 4 shall sign and 
  2.33  file with the board a written agreement that the political party 
  2.34  committee will comply with section 10A.062. 
  2.35     Sec. 5.  Minnesota Statutes 1994, section 10A.322, 
  2.36  subdivision 4, is amended to read: 
  3.1      Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
  3.2   make available to a political party on request and to any 
  3.3   candidate for whom an agreement under this section is effective, 
  3.4   a supply of official refund receipt forms that state in boldface 
  3.5   type that (1) a contributor who is given a receipt form is 
  3.6   eligible to claim a refund as provided in section 290.06, 
  3.7   subdivision 23, and; (2) if the contribution is to a candidate, 
  3.8   that the candidate has signed an agreement to limit campaign 
  3.9   expenditures as provided in this section and to refrain from 
  3.10  using contributions in a manner prohibited by section 10A.062; 
  3.11  and (3) if the contribution is to a political party committee, 
  3.12  that the political party committee has signed an agreement to 
  3.13  refrain from making expenditures prohibited by section 10A.062.  
  3.14  The forms must provide duplicate copies of the receipt to be 
  3.15  attached to the contributor's claim.  A candidate who does not 
  3.16  sign an agreement under this section and who willfully issues an 
  3.17  official refund receipt form or a facsimile of one to any of the 
  3.18  candidate's contributors is guilty of a misdemeanor. 
  3.19     Sec. 6.  Minnesota Statutes 1994, section 290.06, 
  3.20  subdivision 23, is amended to read: 
  3.21     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
  3.22  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
  3.23  amount of the taxpayer's contributions made in the calendar year 
  3.24  to candidates and to any political party.  The maximum refund 
  3.25  for an individual must not exceed $50 and, for a married couple 
  3.26  filing jointly, must not exceed $100.  A refund of a 
  3.27  contribution is allowed only if the taxpayer files a form 
  3.28  required by the commissioner and attaches to the form a copy of 
  3.29  an official refund receipt form issued by the candidate or party 
  3.30  and signed by the candidate, the treasurer of the candidate's 
  3.31  principal campaign committee, or the party chair, after the 
  3.32  contribution was received.  The receipt forms must be numbered, 
  3.33  and the data on the receipt that are not public must be made 
  3.34  available to the ethical practices board upon its request.  A 
  3.35  claim must be filed with the commissioner not sooner than 
  3.36  January 1 of the calendar year in which the contribution is made 
  4.1   and no later than April 15 of the calendar year following the 
  4.2   calendar year in which the contribution is made.  A taxpayer may 
  4.3   file only one claim per calendar year.  Amounts paid by the 
  4.4   commissioner after June 15 of the calendar year following the 
  4.5   calendar year in which the contribution is made must include 
  4.6   interest at the rate specified in section 270.76. 
  4.7      (b) No refund is allowed under this subdivision for a 
  4.8   contribution to any candidate unless the candidate: 
  4.9      (1) has signed an agreement to limit campaign expenditures 
  4.10  as provided in section 10A.322 or 10A.43; 
  4.11     (2) is seeking an office for which voluntary spending 
  4.12  limits are specified in section 10A.25 or 10A.43; and 
  4.13     (3) has designated a principal campaign committee.  
  4.14     This subdivision does not limit the campaign expenditure of 
  4.15  a candidate who does not sign an agreement but accepts a 
  4.16  contribution for which the contributor improperly claims a 
  4.17  refund.  
  4.18     (c) No refund is allowed under this subdivision for a 
  4.19  contribution to a political party committee unless the political 
  4.20  party committee has signed an agreement under section 10A.322, 
  4.21  subdivision 3a, to refrain from making expenditures prohibited 
  4.22  by section 10A.062. 
  4.23     (d) For purposes of this subdivision, "political party" 
  4.24  means a major political party as defined in section 200.02, 
  4.25  subdivision 7, or a minor political party qualifying for 
  4.26  inclusion on the income tax or property tax refund form under 
  4.27  section 10A.31, subdivision 3a.  
  4.28     A "major or minor party" includes the aggregate of the 
  4.29  party organization within each house of the legislature, the 
  4.30  state party organization, and the party organization within 
  4.31  congressional districts, counties, legislative districts, 
  4.32  municipalities, and precincts.  
  4.33     "Candidate" means a congressional candidate as defined in 
  4.34  section 10A.41, subdivision 4, or a candidate as defined in 
  4.35  section 10A.01, subdivision 5, except a candidate for judicial 
  4.36  office.  
  5.1      "Contribution" means a gift of money. 
  5.2      (d) (e) The commissioner shall make copies of the form 
  5.3   available to the public and candidates upon request. 
  5.4      (e) (f) The following data collected or maintained by the 
  5.5   commissioner under this subdivision are private:  the identities 
  5.6   of individuals claiming a refund, the identities of candidates 
  5.7   to whom those individuals have made contributions, and the 
  5.8   amount of each contribution.  
  5.9      (f) (g) The commissioner shall report to the ethical 
  5.10  practices board by August 1 of each year a summary showing the 
  5.11  total number and aggregate amount of political contribution 
  5.12  refunds made on behalf of each candidate and each political 
  5.13  party.  These data are public. 
  5.14     (g) (h) The amount necessary to pay claims for the refund 
  5.15  provided in this section is appropriated from the general fund 
  5.16  to the commissioner of revenue. 
  5.17     Sec. 7.  [EFFECTIVE DATE.] 
  5.18     Section 1 is effective the day following final enactment.  
  5.19  Sections 2 to 6 are effective June 1, 1996, and apply to receipt 
  5.20  forms issued and contributions received on or after that date.  
  5.21  Agreements filed by candidates under section 10A.322 before the 
  5.22  effective date of section 1 expire on June 1, 1996.