SF 1186

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:00pm

A bill for an act
relating to campaign finance; amending reporting requirements for independent
expenditures; increasing spending limits in certain circumstances relating to
independent expenditure totals; amending Minnesota Statutes 2018, sections
10A.121, subdivision 2; 10A.20, subdivision 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 10A.121, subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) An independent expenditure political committee or independent
expenditure political fund is subject to a civil penalty of up to four times the amount of the
contribution or approved expenditure if it does the following:

(1) makes a contribution to a candidate, party unit, political committee, or political fund
other than an independent expenditure political committee or an independent expenditure
political fund; deleted text begin or
deleted text end

(2) makes an approved expenditure new text begin ; or
new text end

new text begin (3) as part of the report required under section 10A.20, subdivision 3, paragraph (h),
fails to indicate that an expenditure was made in support or opposition of a candidate or
inaccurately indicates the candidate about whom the expenditure was made new text end .

(b) No other penalty provided in law may be imposed for conduct that is subject to a
civil penalty under this section.

Sec. 2.

Minnesota Statutes 2018, section 10A.20, subdivision 3, is amended to read:

Subd. 3.

Contents of report.

(a) The report required by this section must include each
of the items listed in paragraphs (b) to (q) that are applicable to the filer. The board shall
prescribe forms based on filer type indicating which of those items must be included on the
filer's report.

(b) The report must disclose the amount of liquid assets on hand at the beginning of the
reporting period.

(c) The report must disclose the name, address, employer, or occupation if self-employed,
and registration number if registered with the board, of each individual or association that
has made one or more contributions to the reporting entity, including the purchase of tickets
for a fund-raising effort, that in aggregate within the year exceed $200 for legislative or
statewide candidates or more than $500 for ballot questions, together with the amount and
date of each contribution, and the aggregate amount of contributions within the year from
each source so disclosed. A donation in kind must be disclosed at its fair market value. An
approved expenditure must be listed as a donation in kind. A donation in kind is considered
consumed in the reporting period in which it is received. The names of contributors must
be listed in alphabetical order. Contributions from the same contributor must be listed under
the same name. When a contribution received from a contributor in a reporting period is
added to previously reported unitemized contributions from the same contributor and the
aggregate exceeds the disclosure threshold of this paragraph, the name, address, and
employer, or occupation if self-employed, of the contributor must then be listed on the
report.

(d) The report must disclose the sum of contributions to the reporting entity during the
reporting period.

(e) The report must disclose each loan made or received by the reporting entity within
the year in aggregate in excess of $200, continuously reported until repaid or forgiven,
together with the name, address, occupation, principal place of business, if any, and
registration number if registered with the board of the lender and any endorser and the date
and amount of the loan. If a loan made to the principal campaign committee of a candidate
is forgiven or is repaid by an entity other than that principal campaign committee, it must
be reported as a contribution for the year in which the loan was made.

(f) The report must disclose each receipt over $200 during the reporting period not
otherwise listed under paragraphs (c) to (e).

(g) The report must disclose the sum of all receipts of the reporting entity during the
reporting period.

(h) The report must disclose the name, address, and registration number if registered
with the board of each individual or association to whom aggregate expenditures, approved
expenditures, independent expenditures, and ballot question expenditures have been made
by or on behalf of the reporting entity within the year in excess of $200, together with the
amount, date, and purpose of each expenditure, including an explanation of how the
expenditure was used, and the name and address of, and office sought by, each candidate
on whose behalf the expenditure was made, identification of the ballot question that the
expenditure was intended to promote or defeat and an indication of whether the expenditure
was to promote or to defeat the ballot question, and in the case of independent expenditures deleted text begin
made in opposition to a candidate deleted text end , new text begin whether new text end the new text begin expenditure was made in support of or in
opposition to a candidate, and that new text end candidate's name, address, and office sought. A reporting
entity making an expenditure on behalf of more than one candidate for state or legislative
office must allocate the expenditure among the candidates on a reasonable cost basis and
report the allocation for each candidate.

(i) The report must disclose the sum of all expenditures made by or on behalf of the
reporting entity during the reporting period.

(j) The report must disclose the amount and nature of an advance of credit incurred by
the reporting entity, continuously reported until paid or forgiven. If an advance of credit
incurred by the principal campaign committee of a candidate is forgiven by the creditor or
paid by an entity other than that principal campaign committee, it must be reported as a
donation in kind for the year in which the advance of credit was made.

(k) The report must disclose the name, address, and registration number if registered
with the board of each political committee, political fund, principal campaign committee,
or party unit to which contributions have been made that aggregate in excess of $200 within
the year and the amount and date of each contribution.

(l) The report must disclose the sum of all contributions made by the reporting entity
during the reporting period.

(m) The report must disclose the name, address, and registration number if registered
with the board of each individual or association to whom noncampaign disbursements have
been made that aggregate in excess of $200 within the year by or on behalf of the reporting
entity and the amount, date, and purpose of each noncampaign disbursement, including an
explanation of how the expenditure was used.

(n) The report must disclose the sum of all noncampaign disbursements made within
the year by or on behalf of the reporting entity.

(o) The report must disclose the name and address of a nonprofit corporation that provides
administrative assistance to a political committee or political fund as authorized by section
211B.15, subdivision 17, the type of administrative assistance provided, and the aggregate
fair market value of each type of assistance provided to the political committee or political
fund during the reporting period.

(p) Legislative, statewide, and judicial candidates, party units, and political committees
and funds must itemize contributions that in aggregate within the year exceed $200 for
legislative or statewide candidates or more than $500 for ballot questions on reports submitted
to the board. The itemization must include the date on which the contribution was received,
the individual or association that provided the contribution, and the address of the contributor.
Additionally, the itemization for a donation in kind must provide a description of the item
or service received. Contributions that are less than the itemization amount must be reported
as an aggregate total.

(q) Legislative, statewide, and judicial candidates, party units, political committees and
funds, and committees to promote or defeat a ballot question must itemize expenditures and
noncampaign disbursements that in aggregate exceed $200 in a calendar year on reports
submitted to the board. The itemization must include the date on which the committee made
or became obligated to make the expenditure or disbursement, the name and address of the
vendor that provided the service or item purchased, and a description of the service or item
purchased, including an explanation of how the expenditure was used. Expenditures and
noncampaign disbursements must be listed on the report alphabetically by vendor.

Sec. 3.

Minnesota Statutes 2018, section 10A.20, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Independent expenditure totals. new text end

new text begin For each election segment, the board must
determine the total amount of independent expenditures that were made in support of or in
opposition to each candidate. The amount must be cumulative for each election segment.
Within five days of a reporting deadline specified in subdivision 2, the board must update
the total for each candidate. If the total amount of independent expenditures made in support
of or in opposition to a candidate exceeds $200,000 for an election segment, the spending
limit of the candidate's opponent is double the amount specified in section 10A.25. For
purposes of this subdivision, an opponent is any person that has filed to run for the same
office as the candidate.
new text end