2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to ethics in government; clarifying and 1.3 simplifying the law related to lobbyist registration, 1.4 conflicts of interest, and campaign finance; 1.5 eliminating invalid provisions; amending Minnesota 1.6 Statutes 1998, sections 10A.01; 10A.02, as amended; 1.7 10A.03; 10A.04; 10A.05; 10A.06; 10A.065, subdivisions 1.8 1, 1a, and 3; 10A.08; 10A.09; 10A.10; 10A.11; 10A.12; 1.9 10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 1.10 10A.19; 10A.20; 10A.22, subdivisions 6 and 7; 10A.23; 1.11 10A.24; 10A.241; 10A.242; 10A.25; 10A.255, 1.12 subdivisions 1 and 3; 10A.265; 10A.27; 10A.275, 1.13 subdivision 1; 10A.28; 10A.29; 10A.30, subdivision 1; 1.14 10A.31; 10A.315; 10A.321; 10A.322; 10A.323; 10A.324, 1.15 subdivisions 1 and 3; 10A.34; 200.02, by adding a 1.16 subdivision; and 290.06, subdivision 23; proposing 1.17 coding for new law in Minnesota Statutes, chapter 10A; 1.18 repealing Minnesota Statutes 1998, sections 10A.065, 1.19 subdivision 5; 10A.22, subdivisions 1, 4, and 5; 1.20 10A.255, subdivision 2; 10A.275, subdivisions 2 and 3; 1.21 10A.324, subdivisions 2 and 4; 10A.325; 10A.335; 1.22 10A.40; 10A.41; 10A.42; 10A.43; 10A.44; 10A.45; 1.23 10A.46; 10A.47; 10A.48; 10A.49; 10A.50; and 10A.51. 1.24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25 Section 1. Minnesota Statutes 1998, section 10A.01,is 1.26 amended to read: 1.27 10A.01 [DEFINITIONS.] 1.28 Subdivision 1. [
SCOPEAPPLICATION.] For the purposes of 1.29 sections 10A.01 to 10A.34, the terms defined in this section 1.30 have the meanings given them unless the context clearly 1.31 indicates otherwise. 1.32 Subd. 2. [ADMINISTRATIVE ACTION.] "Administrative action" 1.33 means an action by any official, board, commission or agency of 1.34 the executive branch to adopt, amend, or repeal a rule pursuant2.1 tounder chapter 14. "Administrative action" does not include 2.2 the application or administration of an adopted rule, except in 2.3 cases of rate setting, power plant and powerline siting, and 2.4 granting of certificates of need under chapter 116Jsection 2.5 216B.243. 2.6 Subd. 3. [ASSOCIATION.] "Association" means business,2.7 corporation, firm, partnership, committee, labor organization,2.8 club, or any othera group of two or more persons, which2.9 includes more thanwho are not all members of an immediate 2.10 family, acting in concert. 2.11 Subd. 4. [ASSOCIATED BUSINESS.] "Associated business" 2.12 means anyan association in connection withfrom which the 2.13 individual is compensatedreceives compensation in excess of $50 2.14 , except for actual and reasonable expenses, in any month as a 2.15 director, officer, owner, member, partner, employer or employee, 2.16 or is a holder ofwhose securities the individual holds worth 2.17 $2,500 or more at fair market value. 2.18 Subd. 5. [CANDIDATE.] "Candidate" means an individual who 2.19 seeks nomination or election to any statewide or legislative2.20 office for which reporting is not required under federal laws.2.21 The term candidate shall also include an individual who seeks2.22 nomination or election to supreme court, court of appeals, or2.23 district court judgeships of theas a state constitutional 2.24 officer, legislator, or judge. An individual shall beis deemed 2.25 to seek nomination or election if the individual has taken the 2.26 action necessary under the law of thethis state of Minnesotato 2.27 qualify for nomination or election, has received contributions 2.28 or made expenditures in excess of $100, or has given implicit or 2.29 explicit consent for any other person to receive contributions 2.30 or make expenditures in excess of $100, for the purpose of 2.31 bringing about the individual's nomination or election. A 2.32 candidate remains a candidate until the candidate's principal 2.33 campaign committee is dissolved as provided in section 10A.24. 2.34 Subd. 6. [BOARD.] "Board" means the state campaign finance 2.35 and public disclosure board. 2.36 Subd. 7. [CONTRIBUTION.] (a) "Contribution" means a3.1 transfer of fundsmoney, a negotiable instrument, or a donation 3.2 in kind that is given to a political committee, political fund, 3.3 principal campaign committee, or party unit. 3.4 (b) "Contribution" includes anya loan or advance of credit 3.5 to a political committee, political fund, orprincipal campaign 3.6 committee, whichor party unit, if the loan or advance of credit 3.7 is (a): (1) forgiven ,; or (b) paid(2) repaid by an 3.8 individual or an association other than the political committee, 3.9 political fund, orprincipal campaign committee, or party unit 3.10 to which the loan or advance of credit iswas made. If an 3.11 advance of credit or a loan is forgiven or paidrepaid as 3.12 provided in this subdivisionparagraph, it is a contribution in 3.13 the year in which the loan or advance of credit iswas made. 3.14 A contribution made for the purpose of defeating a3.15 candidate is considered made for the purpose of influencing the3.16 nomination or election of that candidate or any opponent of that3.17 candidate.3.18 (c) "Contribution" does not include services provided 3.19 without compensation by an individual volunteering personal time 3.20 on behalf of a candidate, ballot question, political committee 3.21 orpolitical fund, principal campaign committee, or party unit, 3.22 or the publishing or broadcasting of news items or editorial 3.23 comments by the news media. 3.24 Subd. 7a. [TRANSFER OF FUNDS.] "Transfer of funds" or3.25 "transfer" means money or negotiable instruments given by an3.26 individual or association to a political committee, political3.27 fund, or principal campaign committee for the purpose of3.28 influencing the nomination or election of a candidate or for the3.29 purpose of promoting or defeating a ballot question.3.30 Subd. 7b. [DONATION IN KIND.] "Donation in kind" means 3.31 anything of value that is given, other than money or negotiable 3.32 instruments given by an individual or association to a political3.33 committee, political fund, or principal campaign committee for3.34 the purpose of influencing the nomination or election of a3.35 candidate or for the purpose of promoting or defeating a ballot3.36 question. Donation in kind includesAn approved expenditure is 4.1 a donation in kind. 4.2 Subd. 8. [DEPOSITORY.] "Depository" means anya bank, 4.3 savings association, or credit union ,organized under federal or 4.4 state law and transacting business within Minnesotathis state. 4.5 Subd. 9. [ELECTION.] "Election" means a primary, special 4.6 primary, general, or special election. 4.7 Subd. 9a. [ELECTION CYCLE.] "Election cycle" means the 4.8 period from January 1 following a general election for an office 4.9 to December 31 following the next general election for that 4.10 office, except that "election cycle" for a special election 4.11 means the period from the date the special election writ is 4.12 issued to 60 days after the special election is held. 4.13 Subd. 10. [CAMPAIGN EXPENDITURE.] "Campaign expenditure" 4.14 or "expenditure" means a purchase or payment of money or 4.15 anything of value, or an advance of credit, made or incurred for 4.16 the purpose of influencing the nomination or election of a 4.17 candidate or for the purpose of promoting or defeating a ballot 4.18 question. 4.19 An expenditure is considered to be made in the year in 4.20 which the candidate made the purchase of goods or services or 4.21 incurred an obligation to pay for goods or services. 4.22 An expenditure made for the purpose of defeating a 4.23 candidate is considered made for the purpose of influencing the 4.24 nomination or election of that candidate or any opponent of that 4.25 candidate. 4.26 Except as provided in clause (a)(1), "expenditure" 4.27 includes the dollar value of a donation in kind. 4.28 "Expenditure" does not include: 4.29 (a)(1) noncampaign disbursements as defined in subdivision 4.30 10c; 4.31 (b) Transfers as defined in subdivision 7a;4.32 (c)(2) services provided without compensation by an 4.33 individual volunteering personal time on behalf of a candidate, 4.34 ballot question, political committee, orpolitical fund, 4.35 principal campaign committee, or party unit; or 4.36 (d)(3) the publishing or broadcasting of news items or 5.1 editorial comments by the news media. 5.2 Subd. 10a. [APPROVED EXPENDITURE.] "Approved expenditure" 5.3 means an expenditure made on behalf of a candidate by an entity 5.4 other than the principal campaign committee of thatthe 5.5 candidate, whichif the expenditure is made with the 5.6 authorization or expressed or implied consent of, or in 5.7 cooperation or in concert with, or at the request or suggestion 5.8 of thatthe candidate, the candidate's principal campaign 5.9 committee, or the candidate's agent. An approved expenditure is 5.10 a contribution to that candidate. 5.11 Subd. 10b. [INDEPENDENT EXPENDITURE.] "Independent 5.12 expenditure" means an expenditure expressly advocating the 5.13 election or defeat of a clearly identified candidate, whichif 5.14 the expenditure is made without the express or implied consent, 5.15 authorization, or cooperation of, and not in concert with or at 5.16 the request or suggestion of, any candidate or any candidate's 5.17 principal campaign committee or agent. An independent 5.18 expenditure is not a contribution to that candidate. An 5.19 expenditure by a political party or political party unit , as5.20 defined in section 10A.275, subdivision 3,in a race where the 5.21 political party has a candidate on the ballot is not an 5.22 independent expenditure. 5.23 Subd. 10c. [NONCAMPAIGN DISBURSEMENT.] "Noncampaign 5.24 disbursement" means a purchase or payment of money or anything 5.25 of value made, or an advance of credit incurred, or a donation 5.26 in kind received, by a political committee, political fund, or5.27 principal campaign committee for any of the following purposes: 5.28 (a)(1) payment for accounting and legal services; 5.29 (b)(2) return of a contribution to the source; 5.30 (c)(3) repayment of a loan made to the political5.31 committee, political fund, orprincipal campaign committee by 5.32 that committee or fund; 5.33 (d)(4) return of a public subsidy; 5.34 (e)(5) payment for food, beverages, entertainment, and 5.35 facility rental for a fundraising event; 5.36 (f)(6) services for a constituent by a member of the 6.1 legislature or a constitutional officer in the executive branch, 6.2 performed from the beginning of the term of office to 6.3 adjournment sine die of the legislature in the election year for 6.4 the office held, and half the cost of services for a constituent 6.5 by a member of the legislature or a constitutional officer in 6.6 the executive branch performed from adjournment sine die to 60 6.7 days after adjournment sine die; 6.8 (g) a donation in kind given to the political committee,6.9 political fund, or principal campaign committee for purposes6.10 listed in clauses (e) and (f);6.11 (h)(7) payment for food and beverages provided to campaign 6.12 volunteers while they are engaged in campaign activities; 6.13 (i)(8) payment of expenses incurred by elected or 6.14 appointed leaders of a legislative caucus in carrying out their 6.15 leadership responsibilities; 6.16 (j)(9) payment by a principal campaign committee of the 6.17 candidate's expenses for serving in public office, other than 6.18 for personal uses; 6.19 (k)(10) costs of child care for the candidate's children 6.20 when campaigning; 6.21 (l)(11) fees paid to attend a campaign school; 6.22 (m)(12) costs of a postelection party during the election 6.23 year when a candidate's name will no longer appear on a ballot 6.24 or the general election is concluded, whichever occurs first; 6.25 (n)(13) interest on loans paid by a principal campaign 6.26 committee on outstanding loans; 6.27 (o)(14) filing fees; 6.28 (p)(15) post-general election thank-you notes or 6.29 advertisements in the news media; 6.30 (q)(16) the cost of campaign material purchased to replace 6.31 defective campaign material, if the defective material is 6.32 destroyed without being used; 6.33 (r) transfers(17) contributions to a party unit as defined6.34 in section 10A.275, subdivision 3; and 6.35 (s)(18) other purchases or payments specified in board 6.36 rules or advisory opinions as being for any purpose other than 7.1 to influence the nomination or election of a candidate or to 7.2 promote or defeat a ballot question. 7.3 The board shall determine whether an activity involves a 7.4 noncampaign disbursement within the meaning of this subdivision. 7.5 A noncampaign disbursement is considered to be made in the 7.6 year in which the candidate made the purchase of goods or 7.7 services or incurred an obligation to pay for goods or services. 7.8 Subd. 11. [LOBBYIST.] (a) "Lobbyist" means an individual: 7.9 (1) engaged for pay or other consideration, or authorized 7.10 to spend money by another individual, association, political 7.11 subdivision, or public higher education system, who spends more 7.12 than five hours in any month or more than $250, not including 7.13 the individual's own travel expenses and membership dues, in any 7.14 year, for the purpose of attempting to influence legislative or 7.15 administrative action, or the official action of a metropolitan 7.16 governmental unit, by communicating or urging others to 7.17 communicate with public or local officials; or 7.18 (2) who spends more than $250, not including the 7.19 individual's own traveling expenses and membership dues, in any 7.20 year for the purpose of attempting to influence legislative or 7.21 administrative action, or the official action of a metropolitan 7.22 governmental unit, by communicating or urging others to 7.23 communicate with public or local officials. 7.24 (b) "Lobbyist" does not include: 7.25 (1) a public official; 7.26 (2) an employee of the state, including an employee of any 7.27 of the public higher education systems; 7.28 (3) an elected local official; 7.29 (4) a nonelected local official or an employee of a 7.30 political subdivision acting in an official capacity, unless the 7.31 nonelected official or employee of a political subdivision 7.32 spends more than 50 hours in any month attempting to influence 7.33 legislative or administrative action, or the official action of 7.34 a metropolitan governmental unit other than the political 7.35 subdivision employing the official or employee, by communicating 7.36 or urging others to communicate with public or local officials, 8.1 including time spent monitoring legislative or administrative 8.2 action, or the official action of a metropolitan governmental 8.3 unit, and related research, analysis, and compilation and 8.4 dissemination of information relating to legislative or 8.5 administrative policy in this state, or to the policies of 8.6 metropolitan governmental units; 8.7 (5) a party or the party's representative appearing in a 8.8 proceeding before a state board, commission, or agency of the 8.9 executive branch unless the board, commission, or agency is 8.10 taking administrative action; 8.11 (6) an individual while engaged in selling goods or 8.12 services to be paid for by public funds; 8.13 (7) a news medium or its employees or agents while engaged 8.14 in the publishing or broadcasting of news items, editorial 8.15 comments, or paid advertisements which directly or indirectly 8.16 urge official action; 8.17 (8) a paid expert witness whose testimony is requested by 8.18 the body before which the witness is appearing, but only to the 8.19 extent of preparing or delivering testimony; or 8.20 (9) a stockholder of a family farm corporation as defined8.21 in section 500.24, subdivision 2, who does not spend over $250,8.22 excluding the stockholder's own travel expenses, in any year in8.23 communicating with public officials; or8.24 (10)a party or the party's representative appearing to 8.25 present a claim to the legislature and communicating to 8.26 legislators only by the filing of a claim form and supporting 8.27 documents and by appearing at public hearings on the claim. 8.28 Subd. 12. [MAJOR POLITICAL PARTY.] "Major political party" 8.29 means a major political party as defined in section 200.02, 8.30 subdivision 7. 8.31 Subd. 13. [MINOR POLITICAL PARTY.] "Minor political party" 8.32 means any party other than a majora minor political party :as 8.33 defined in section 200.02, subdivision 23. 8.34 (a) Under whose name in the last applicable general8.35 election a candidate filed for legislative office and received8.36 not less than ten percent of the vote for that office, or filed9.1 for statewide office; or9.2 (b) Which files a petition with the secretary of state9.3 containing the names of 2,000 individuals registered to vote in9.4 Minnesota and declaring that the signers desire that the party9.5 be eligible to receive money from the state elections campaign9.6 fund in the same manner as a major political party.9.7 For the purposes of this chapter, all individuals who are9.8 eligible to vote in areas where there is no permanent system of9.9 registration shall be considered registered voters.9.10 Subd. 15. [POLITICAL COMMITTEE.] "Political committee" 9.11 means anyan association as defined in subdivision 3whose major 9.12 purpose is to influence the nomination or election of a 9.13 candidate or to promote or defeat a ballot question .9.14 "Political committee" includes a major political party as9.15 defined in subdivision 12, a minor political party as defined in9.16 subdivision 13, and any, other than a principal campaign 9.17 committee formed pursuant to section 10A.19or a political party 9.18 unit. 9.19 Subd. 16. [POLITICAL FUND.] "Political fund" means anyan 9.20 accumulation of dues or voluntary contributions by an 9.21 association other than a political committee, whichprincipal 9.22 campaign committee, or party unit, if the accumulation is 9.23 collected or expended for the purpose of influencingto 9.24 influence the nomination or election of a candidate or for the9.25 purpose of promotingto promote or defeatingdefeat a ballot 9.26 question. 9.27 Subd. 17. [POLITICAL PARTY.] "Political party" means 9.28 eithera major political party or a minor political party. A 9.29 political party is the aggregate of all its political party 9.30 units in this state. 9.31 Subd. 17a. [POLITICAL PARTY UNIT.] "Political party unit" 9.32 or "party unit" means the state committee or the party 9.33 organization within a house of the legislature, congressional 9.34 district, county, legislative district, municipality, or 9.35 precinct. 9.36 Subd. 17b. [PRINCIPAL CAMPAIGN COMMITTEE.] "Principal 10.1 campaign committee" means a principal campaign committee formed 10.2 under section 10A.19. 10.3 Subd. 18. [PUBLIC OFFICIAL.] "Public official" means any: 10.4 (a)(1) member of the legislature; 10.5 (2) individual employed by the legislature as secretary of 10.6 the senate, legislative auditor, chief clerk of the house, 10.7 revisor of statutes, or researcher, legislative analyst, or 10.8 attorney in the office of senate counsel and research or house 10.9 research; 10.10 (b)(3) constitutional officer in the executive branch and 10.11 the officer's chief administrative deputy; 10.12 (c) member, chief administrative officer or deputy chief10.13 administrative officer of a state board or commission which has10.14 at least one of the following powers: (i) the power to adopt,10.15 amend or repeal rules, or (ii) the power to adjudicate contested10.16 cases or appeals;10.17 (4) solicitor general or deputy, assistant, or special 10.18 assistant attorney general; 10.19 (d)(5) commissioner, deputy commissioner, or assistant 10.20 commissioner of any state department or agency as designated10.21 pursuant tolisted in section 15.01 or 15.06; 10.22 (6) member, chief administrative officer, or deputy chief 10.23 administrative officer of a state board or commission that has 10.24 either the power to adopt, amend, or repeal rules, or the power 10.25 to adjudicate contested cases or appeals; 10.26 (e)(7) individual employed in the executive branch who is 10.27 authorized to adopt, amend, or repeal rules or adjudicate 10.28 contested cases; 10.29 (f)(8) executive director of the state board of 10.30 investment; 10.31 (g) executive director of the Indian affairs intertribal10.32 board;10.33 (h) commissioner of the iron range resources and10.34 rehabilitation board;10.35 (i) commissioner of mediation services;10.36 (j)(9) deputy of any official listed in clauses (e) to11.1 (i)(7) and (8); 11.2 (k)(10) judge of the workers' compensation court of 11.3 appeals; 11.4 (l)(11) administrative law judge or compensation judge in 11.5 the state office of administrative hearings or referee in the 11.6 department of economic security; 11.7 (m) solicitor general or deputy, assistant or special11.8 assistant attorney general;11.9 (n) individual employed by the legislature as secretary of11.10 the senate, legislative auditor, chief clerk of the house,11.11 revisor of statutes, or researcher, legislative analyst, or11.12 attorney in the office of senate counsel and research or house11.13 research;11.14 (o)(12) member, regional administrator, division director, 11.15 general counsel, or operations manager of the metropolitan 11.16 council; 11.17 (13) member or chief administrator of a metropolitan 11.18 agency; 11.19 (p) the director of the racing commission, the director of11.20 the gambling control board, the director of the state lottery,11.21 and the deputy director of the state lottery;11.22 (q)(14) director of the division of alcohol and gambling 11.23 enforcement in the department of public safety; 11.24 (r)(15) member or executive director of the higher 11.25 education facilities authority; 11.26 (s)(16) member of the board of directors or president of 11.27 the Minnesota world trade center corporation ;or 11.28 (t) member or chief administrator of a metropolitan agency11.29 Minnesota Technology, Inc.; or 11.30 (17) member of the board of directors or executive director 11.31 of the Minnesota state high school league. 11.32 Subd. 19. [OFFICE HOLDER.] "Office holder" means an11.33 individual who holds any statewide or legislative office, except11.34 a federal office for which candidates are required to report11.35 under federal laws, state supreme court justice, and judges of11.36 the court of appeals or district court.12.1 Subd. 20. [ADVANCE OF CREDIT.] "Advance of credit" means 12.2 any money owed for goods provided or services rendered. An12.3 advance of credit is an expenditure or a noncampaign12.4 disbursement in the year in which the goods or services are used12.5 or consumed."Advance of credit" does not mean a loan as 12.6 defined in subdivision 21. 12.7 Subd. 21. [LOAN.] "Loan" means an advance of money or 12.8 anything of value made to a political committee, political fund, 12.9 orprincipal campaign committee, or party unit. 12.10 Subd. 22. [FINANCIAL INSTITUTION.] "Financial institution" 12.11 means a lending institution chartered by an agency of the 12.12 federal government or regulated by the commissioner of commerce. 12.13 Subd. 23. [BALLOT QUESTION.] "Ballot question" means a 12.14 question or proposition whichthat is placed on the ballot and 12.15 whichthat may be voted on by all voters of the state. 12.16 "Promoting or defeating a ballot question" includes activities 12.17 related to qualifying the question for placement on the ballot. 12.18 Subd. 24. [STATE COMMITTEE.] "State committee" means the 12.19 organization whichthat, by virtue of the bylaws of a political 12.20 party, is responsible for the day-to-day operation of the 12.21 political party at the state level. 12.22 Subd. 25. [LOCAL OFFICIAL.] "Local official" means a 12.23 person who holds elective office in a political subdivision or 12.24 who is appointed to or employed in a public position in a 12.25 political subdivision in which the person has authority to make, 12.26 to recommend, or to vote on as a member of the governing body, 12.27 major decisions regarding the expenditure or investment of 12.28 public money. 12.29 Subd. 26. [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 12.30 governmental unit" means any of the seven counties in the 12.31 metropolitan area as defined in section 473.121, subdivision 2, 12.32 a regional railroad authority established by one or more of 12.33 those counties under section 398A.03, a city with a population 12.34 of over 50,000 located in the seven-county metropolitan area, 12.35 the metropolitan council, or a metropolitan agency as defined in 12.36 section 473.121, subdivision 5a , the Minnesota state high school13.1 league, and Minnesota Technology, Inc. 13.2 Subd. 27. [POLITICAL SUBDIVISION.] "Political subdivision" 13.3 means the metropolitan council, a metropolitan agency as defined 13.4 in section 473.121, subdivision 5a, or a municipality as defined 13.5 in section 471.345, subdivision 1 , the Minnesota state high13.6 school league, and Minnesota Technology, Inc. 13.7 Subd. 28. [PRINCIPAL.] "Principal" means an individual or 13.8 association that: 13.9 (1) spends more than $500 in the aggregate in any calendar 13.10 year to engage a lobbyist, compensate a lobbyist, or authorize 13.11 the expenditure of money by a lobbyist; or 13.12 (2) is not included in clause (1) and spends a total of at 13.13 least $50,000 in any calendar year on efforts to influence 13.14 legislative action, administrative action, or the official 13.15 action of metropolitan governmental units, as described in 13.16 section 10A.04, subdivision 6. 13.17 Subd. 29. [POPULATION.] "Population" means the population 13.18 established by the most recent federal census, by a special 13.19 census taken by the United States Bureau of the Census, by an 13.20 estimate made by the metropolitan council, or by an estimate 13.21 made by the state demographer under section 4A.02, whichever has 13.22 the latest stated date of count or estimate. 13.23 Sec. 2. Minnesota Statutes 1998, section 10A.02, as 13.24 amended by Laws 1999, chapter 1, section 1, is amended to read: 13.25 10A.02 [BOARD OF CAMPAIGN FINANCE AND PUBLIC DISCLOSURE.] 13.26 Subdivision 1. [MEMBERSHIP.] There is hereby created a13.27 stateThe campaign finance and public disclosure board is 13.28 composed of six members. The members shall be appointed by the13.29 governor shall appoint the members with the advice and consent 13.30 of three-fifths of both the senate and the house of 13.31 representatives acting separately. If either house fails to 13.32 confirm the appointment of a board member within 45 legislative 13.33 days after appointment or by adjournment sine die, whichever 13.34 occurs first, the appointment shall terminate on the day 13.35 following the 45th legislative day or on adjournment sine die, 13.36 whichever occurs first. If either house votes not to confirm an 14.1 appointment, the appointment terminates on the day following the 14.2 vote not to confirm. Two members shallmust be former members 14.3 of the legislature who support different political parties; two 14.4 members shallmust be persons who have not been public 14.5 officials, held any political party office other than precinct 14.6 delegate, or been elected to public office for which party 14.7 designation is required by statute in the three years preceding 14.8 the date of their appointment; and the other two members shall14.9 must support different political parties. No more than three of 14.10 the members of the board shallmay support the same political 14.11 party. No member of the board may currently serve as a lobbyist. 14.12 Subd. 2. [VACANCY; TERMS.] AnyAn appointment to fill a 14.13 vacancy shall beis made only for the unexpired term of a member 14.14 who is being replaced and the appointee shallmust meet the same 14.15 stated qualifications as the member being replaced. The 14.16 membership terms, compensation, and removal of members on the 14.17 board shall beare as provided in section 15.0575, except that 14.18 the extension of terms and the filling of vacancies shall beare 14.19 subject to the advice and consent of the legislature in the same 14.20 manner as provided in subdivision 1. 14.21 Subd. 3. [VOTE REQUIRED.] The concurring vote of four 14.22 members of the board shall beis required to decide any matter 14.23 before the board. 14.24 Subd. 4. [OFFICERS.] The board shall elect from among its 14.25 members a chair ,and a vice-chair and a secretary. The14.26 secretary shall keep a record of all proceedings and actions by14.27 the board.Meetings of the board shall beare at the call of 14.28 the chair or at the call of any four members of the board acting 14.29 together. 14.30 Subd. 5. [EXECUTIVE DIRECTOR; STAFF.] The board shall 14.31 appoint an executive director who shall be. The executive 14.32 director is in the unclassified service. The executive director 14.33 serves as secretary of the board and shall keep a record of all 14.34 proceedings and actions by the board. The board may also employ 14.35 and prescribe the duties of other permanent or temporary 14.36 employees in the unclassified service as may be necessary to 15.1 administer this chapter, subject to appropriation. The 15.2 executive director and all other employees shallserve at the 15.3 pleasure of the board. Expenses of the board shallmust be 15.4 approved by the chair or such otheranother member as the rules 15.5 of the board may provide and the expenses shallmust then be 15.6 paid in the same manner as other state expenses are paid. 15.7 Subd. 7. [POLITICAL ACTIVITY.] All members and employees 15.8 of the board shall beare subject to any provisions of law 15.9 regulating political activity by state employees. In addition, 15.10 no member or employee of the board shallmay be a candidate for, 15.11 or holder of, (a)(1) a national, state, congressional district, 15.12 legislative district, county, or precinct office in a political 15.13 party, or (b)(2) an elected public office for which party 15.14 designation is required by statute. 15.15 Subd. 8. [DUTIES.] (a) The board shall :15.16 (a)report at the close of each fiscal year to the 15.17 legislature, the governor, and the public concerning the action 15.18 it has taken, the names, salaries, and duties of all individuals 15.19 in its employ, and the money it has disbursed. The board shall 15.20 include and identify in its report any other reports it has made 15.21 during the fiscal year. It may indicate apparent abuses and 15.22 offer legislative recommendations ;. 15.23 (b) The board shall prescribe forms for statements and 15.24 reports required to be filed under this chapter and make the 15.25 forms available to individuals required to file them ;. 15.26 (c) The board shall make available to the individuals 15.27 required to file the reports and statements a manual setting 15.28 forth the recommended uniform methods of bookkeeping and 15.29 reporting ;. 15.30 (d) The board shall develop a filing, coding, and 15.31 cross-indexing system consistent with the purposes of this 15.32 chapter ;. 15.33 (e) The board shall make the reports and statements filed 15.34 with it available for public inspection and copying by the end 15.35 of the second day following the day on which they were 15.36 received. AnyAn individual may copy a report or statement by 16.1 hand or by duplicating machine and the board shall provide 16.2 duplicating services at cost for this purpose. No information16.3 copied from reports and statements shall be sold or utilized by16.4 any individual or association for any commercial purpose.16.5 "Commercial purpose" does not include purposes related to16.6 elections, political activities, or law enforcement. Any16.7 individual or association violating the provisions of this16.8 clause may be subject to a civil penalty of up to $1,000. An16.9 individual who knowingly violates this subdivision is guilty of16.10 a misdemeanor;16.11 (f) Notwithstanding the provisions ofsection 138.163, the 16.12 board shall preserve reports and statements for a period of five 16.13 years from the date of receipt ;. 16.14 (g) The board shall compile and maintain a current list and 16.15 summary of all statements or parts of statements pertaining to 16.16 each candidate ; and. 16.17 (h) The board shall prepare and publish reports asit may16.18 deemconsiders appropriate. 16.19 Subd. 9. [DOCUMENTS; INFORMATION.] The executive 16.20 director of the board or the director's staffshall inspect all 16.21 material filed with the board as promptly as isnecessary to 16.22 comply with the provisions ofthis chapter ,and other provisions 16.23 of law requiring the filing of a document with the board. The 16.24 executive director shall immediately notify the individual 16.25 required to file a document with the board if a written 16.26 complaint is filed with the board by any registered voter16.27 alleging, or it otherwise appears, that a document filed with 16.28 the board is inaccurate or does not comply with the provisions16.29 ofthis chapter, or that the individual has failed to file a 16.30 document required by this chapter. The executive director and16.31 staffmay provide an individual required to file a document 16.32 under this chapter with factual information concerning the 16.33 limitations on corporate campaign contributions imposed by 16.34 section 211B.15. 16.35 Subd. 10. [AUDITS AND INVESTIGATIONS.] The board may make 16.36 audits and investigations with respect to statements and reports 17.1 whichthat are filed or whichthat should have been filed 17.2 under the provisions ofthis chapter. In all matters relating 17.3 to its official duties, the board shall havehas the power to 17.4 issue subpoenas and cause them to be served. If a person does 17.5 not comply with a subpoena, the board may apply to the district 17.6 court of Ramsey county for issuance of an order compelling 17.7 obedience to the subpoena. A person failing to obey the order 17.8 is punishable by the court as for contempt. 17.9 Subd. 11. [VIOLATIONS; ENFORCEMENT.] (a) The board may 17.10 investigate any alleged violation of this chapter. The board 17.11 shall investigate any violation whichthat is alleged in a 17.12 written complaint filed with the board and , except for alleged17.13 violations of section 10A.25 or 10A.27,shall within 30 days 17.14 after the filing of the complaint make a public finding of 17.15 whether or notthere is probable cause to believe a violation 17.16 has occurred . In the case of a written, except that if the 17.17 complaint allegingalleges a violation of section 10A.25 or 17.18 10A.27, the board shall either enter a conciliation agreement or 17.19 make a public finding of whether or notthere is probable cause, 17.20 within 60 days ofafter the filing of the complaint. The 17.21 deadline for action on anya written complaint may be extended 17.22 by majority vote of the board. 17.23 (b) Within a reasonable time after beginning an 17.24 investigation of an individual or association, the board shall 17.25 notify thatthe individual or association of the fact of the 17.26 investigation. The board shall not make noa finding of whether 17.27 or notthere is probable cause to believe a violation has 17.28 occurred without notifying the individual or association of the 17.29 nature of the allegations and affording an opportunity to answer 17.30 those allegations. 17.31 Any(c) A hearing or action of the board concerning anya 17.32 complaint or investigation other than a finding concerning 17.33 probable cause or a conciliation agreement shall beis 17.34 confidential. Until the board makes a public finding concerning 17.35 probable cause or enters a conciliation agreement: 17.36 (a) No(1) a member, employee, or agent of the board shall 18.1 not disclose to anyan individual anyinformation obtained by 18.2 that member, employee, or agent concerning anya complaint or 18.3 investigation except as required to carry out the investigation 18.4 or take action in the matter as authorized by this chapter; and 18.5 (b) Any(2) an individual who discloses information 18.6 contrary to the provisions ofthis subdivision shall beis 18.7 guilty of a misdemeanor. 18.8 (d) Except as provided in section 10A.28, after the board 18.9 makes a public finding of probable cause the board shall report 18.10 that finding to the appropriate law enforcement authorities. 18.11 Subd. 11a. [DATA PRIVACY.] If, after making a public 18.12 finding concerning probable cause or entering a conciliation 18.13 agreement, the board determines that the record of the 18.14 investigation contains statements, documents, or other 18.15 matter whichthat, if disclosed, would unfairly injure the 18.16 reputation of an innocent individual, the board may: 18.17 (a)(1) retain any suchthe statement, document, or other 18.18 matter as a private record, as "private" isdefined in section 18.19 13.02, subdivision 12, for a period of one year, after which it 18.20 shallmust be destroyed; or 18.21 (b)(2) return any suchthe statement, document, or other 18.22 matter to the individual who supplied it to the board. 18.23 Subd. 12. [ADVISORY OPINIONS.] (a) The board may issue and 18.24 publish advisory opinions on the requirements of this chapter 18.25 based upon real or hypothetical situations. An application for 18.26 an advisory opinion may be made only by an individual or 18.27 association who wishes to use the opinion to guide the 18.28 individual's or the association's own conduct. The board shall 18.29 issue written opinions on all such questions submitted to it 18.30 within 30 days after receipt of written application, unless a 18.31 majority of the board agrees to extend the time limit. 18.32 (b) A written advisory opinion issued by the board is 18.33 binding on the board in anya subsequent board proceeding 18.34 concerning the person making or covered by the request and is a 18.35 defense in a judicial proceeding that involves the subject 18.36 matter of the opinion and is brought against the person making 19.1 or covered by the request unless: 19.2 (1) the board has amended or revoked the opinion before the 19.3 initiation of the board or judicial proceeding, has notified the 19.4 person making or covered by the request of its action, and has 19.5 allowed at least 30 days for the person to do anything that 19.6 might be necessary to comply with the amended or revoked 19.7 opinion; 19.8 (2) the request has omitted or misstated material facts; or 19.9 (3) the person making or covered by the request has not 19.10 acted in good faith in reliance on the opinion. 19.11 (c) A request for an opinion and the opinion itself are 19.12 nonpublic data. The board, however, may publish an opinion or a 19.13 summary of an opinion, but may not include in the publication 19.14 the name of the requester, the name of a person covered by a 19.15 request from an agency or political subdivision, or any other 19.16 information that might identify the requester, unless the person 19.17 consents to the inclusion. 19.18 Subd. 12a. [ADVISORY OPINIONS; RULES.] If the board 19.19 intends to apply principles of law or policy announced in an 19.20 advisory opinion issued under subdivision 12 more broadly than 19.21 to the individual or association to whom the opinion was issued, 19.22 the board must adopt these principles or policies as rules under 19.23 chapter 14. 19.24 Subd. 13. [RULES.] The provisions ofChapter 14 apply19.25 applies to the board. The board may adopt rules to carry out 19.26 the purposes of this chapter. 19.27 Subd. 14. [LEGAL SERVICES.] Notwithstanding the provisions19.28 ofsection 8.15, the board must not be assessed the cost of 19.29 legal services rendered to it by the attorney general's office. 19.30 Sec. 3. [10A.025] [FILING DATE.] 19.31 If a scheduled filing date under this chapter falls on a 19.32 Saturday, Sunday, or legal holiday, the filing date is the next 19.33 regular business day. 19.34 Sec. 4. Minnesota Statutes 1998, section 10A.03, is 19.35 amended to read: 19.36 10A.03 [LOBBYIST REGISTRATION.] 20.1 Subdivision 1. [ FILING OFFIRST REGISTRATION FORM.] Each20.2 A lobbyist shall file a registration form with the board within 20.3 five days after becoming a lobbyist. 20.4 Subd. 2. [ CONTENTS OFFORM.] The board shall prescribe a 20.5 registration form shall be prescribed by the board and shall, 20.6 which must include: 20.7 (a)(1) the name and address of the lobbyist ,; 20.8 (b)(2) the principal place of business of the lobbyist ,; 20.9 (c)(3) the name and address of each personindividual, 20.10 association, political subdivision, or public higher education 20.11 system, if any, by whom the lobbyist is retained or employed or 20.12 on whose behalf the lobbyist appears ,; and 20.13 (d)(4) a general description of the subject or subjects on 20.14 which the lobbyist expects to lobby. 20.15 If the lobbyist lobbies on behalf of an association, the 20.16 registration form shallmust include the name and address of the 20.17 officers and directors of the association. 20.18 Subd. 3. [ NOTICE; LATE FILINGFAILURE TO FILE.] The board 20.19 shall notify by certified mail or personal service any lobbyist 20.20 who fails to file a registration form within five days after 20.21 becoming a lobbyist. If a lobbyist fails to file a form within 20.22 seven days after receiving this notice, the board may impose a 20.23 late filing fee atof $5 per day, not to exceed $100, commencing 20.24 with the eighth day after receiving notice. The board shall 20.25 further notify by certified mail or personal service any 20.26 lobbyist who fails to file a form within 21 days of receiving a 20.27 first notice that the lobbyist may be subject to a criminal 20.28 penalty for failure to file the form. A lobbyist who knowingly 20.29 fails to file a form within seven days after receiving a second 20.30 notice from the board is guilty of a misdemeanor. 20.31 Sec. 5. Minnesota Statutes 1998, section 10A.04, is 20.32 amended to read: 20.33 10A.04 [LOBBYIST REPORTS.] 20.34 Subdivision 1. [REPORTS REQUIRED.] EachA lobbyist shall 20.35 file reports of the lobbyist's activities with the board as long 20.36 as the lobbyist continues to lobby. A lobbyist may file a 21.1 termination statement at any time after ceasing to lobby. 21.2 Subd. 2. [TIME OF REPORTS.] Each report shallmust cover 21.3 the time from the last day of the period covered by the last 21.4 report to 15 days prior tobefore the current filing date. The 21.5 reports shallmust be filed with the board by the following 21.6 dates: 21.7 (a)(1) January 15; 21.8 (b)(2) April 15; and 21.9 (c)(3) July 15. 21.10 Subd. 3. [INFORMATION SUPPLIEDTO LOBBYIST.] Each person21.11 or associationAn employer or employee about whose activities a 21.12 lobbyist is required to report shall provide the information 21.13 required by sections 10A.03 to 10A.05subdivision 4 to the 21.14 lobbyist no later than five days before the prescribed filing 21.15 date. 21.16 Subd. 4. [CONTENT.] (a) TheA report shallunder this 21.17 section must include suchinformation asthe board may require21.18 requires from the registration form and the information required 21.19 by this subdivision for the reporting period. 21.20 (b) EachA lobbyist shall report the lobbyist's total 21.21 disbursements on lobbying, separately listing lobbying to 21.22 influence legislative action, lobbying to influence 21.23 administrative action, and lobbying to influence the official 21.24 actions of a metropolitan governmental unit, and a breakdown of 21.25 disbursements for each of those kinds of lobbying into 21.26 categories specified by the board, including but not limited to 21.27 the cost of publication and distribution of each publication 21.28 used in lobbying; other printing; media, including the cost of 21.29 production; postage; travel; fees, including allowances; 21.30 entertainment; telephone and telegraph; and other expenses. 21.31 (c) EachA lobbyist shall report the amount and nature of 21.32 each honorarium,gift, loan,item, or benefit, excluding 21.33 contributions to a candidate, equal in value to $5 or more, 21.34 given or paid to any public or localofficial, as defined in 21.35 section 10A.071, subdivision 1, by the lobbyist or anyan 21.36 employer or anyemployee of the lobbyist. The list shallmust 22.1 include the name and address of each public or localofficial to 22.2 whom the honorarium,gift, loan,item, or benefit was given or 22.3 paid and the date it was given or paid. A lobbyist need report22.4 only the aggregate amount and nature of food or beverages given22.5 or made available to all members of the legislature or a house22.6 of the legislature or to all members of a local legislative22.7 body, along with the name of the legislative body and the date22.8 it was given or made available.22.9 (d) Each lobbyist shall report each original source of 22.10 fundsmoney in excess of $500 in any year used for the purpose 22.11 of lobbying to influence legislative action, each such source of22.12 funds used to influenceadministrative action, and each such22.13 source of funds used to influenceor the official action of a 22.14 metropolitan governmental unitsunit. The list shallmust 22.15 include the name, address, and employer, or, if self-employed, 22.16 the occupation and principal place of business, of each payer of 22.17 fundsmoney in excess of $500. 22.18 Subd. 4a. [STATEMENT IN LIEU OF REPORT.] If in any22.19 reporting period the lobbyist's reportable disbursements total22.20 not over $100 and no honorarium, gift, loan, item or benefit22.21 equal in value to $50 or more was given or paid to any public22.22 official, a statement to that effect in lieu of the report may22.23 be filed for that period. The unreported disbursements shall be22.24 included in the report for the following period, unless the22.25 total for that period, including the carryover, is not over22.26 $100. The January 15 report shall include all previously22.27 unreported disbursements, even though the total for the year is22.28 not over $100.22.29 Subd. 5. [LATE FILING.] The board shall notify by 22.30 certified mail or personal service any lobbyist who fails after 22.31 seven days after a filing date imposed by this section to file a 22.32 report or statement required by this section. If a lobbyist 22.33 fails to file a report within seven days after receiving this 22.34 notice, the board may impose a late filing fee of $5 per day, 22.35 not to exceed $100, commencing with the eighth day after 22.36 receiving notice. The board shall further notify by certified 23.1 mail or personal service any lobbyist who fails to file a report 23.2 within 21 days after receiving a first notice that the lobbyist 23.3 may be subject to a criminal penalty for failure to file the 23.4 report. A lobbyist who knowingly fails to file such a report or 23.5 statement within seven days after receiving a second notice from 23.6 the board is guilty of a misdemeanor. 23.7 Subd. 6. [ LOBBYIST ANDPRINCIPAL REPORTS.] (a) EachA 23.8 principal shall report to the board as required in this 23.9 subdivision by March 15 for the preceding calendar year. 23.10 (b) EachThe principal shall report which of the following 23.11 categories includes the total amount, rounded to the nearest 23.12 dollar, spent by the principal during the preceding calendar 23.13 year to influence legislative action, administrative action, and 23.14 the official action of metropolitan governmental units: 23.15 (1) $501 to $50,000; 23.16 (2) $50,001 to $150,000; or 23.17 (3) $150,001 to $250,000. 23.18 (c) Beyond $250,000, each additional $250,000 constitutes 23.19 an additional category, and each principal shall report which of 23.20 the categories includes the total amount spent by the principal 23.21 for the purposes provided in this subdivision. 23.22 (d) The principal shall report under this subdivision a 23.23 total amount that includes: 23.24 (1) all direct payments by the principal to lobbyists in 23.25 Minnesotathis state; 23.26 (2) all expenditures for advertising, mailing, research, 23.27 analysis, compilation and dissemination of information, and 23.28 public relations campaigns related to legislative action, 23.29 administrative action, or the official action of metropolitan 23.30 governmental units in Minnesotathis state; and 23.31 (3) all salaries and administrative expenses attributable 23.32 to activities of the principal relating to efforts to influence 23.33 legislative action, administrative action, or the official 23.34 action of metropolitan governmental units in Minnesotathis 23.35 state. 23.36 Subd. 7. [FINANCIAL RECORDS.] The board may randomly audit 24.1 the financial records of lobbyists and principals required to 24.2 report under this section. 24.3 Subd. 8. [REPORTS BY SOLICITORS.] A lobbyist who directly24.4 solicits and causes others to make aggregate contributions to24.5 candidates or a caucus of the members of a political party in a24.6 house of the legislature in excess of $5,000 between January 124.7 of the election year and 25 days before the primary or general24.8 election must file the information in the report required by24.9 section 10A.20, subdivision 14, ten days before the primary or24.10 general election. This disclosure requirement is in addition to24.11 the report required by section 10A.20, subdivision 14.24.12 Sec. 6. Minnesota Statutes 1998, section 10A.05, is 24.13 amended to read: 24.14 10A.05 [LOBBYIST REPORT.] 24.15 Within 30 days after each lobbyist filing date set by 24.16 section 10A.04, the executive director of the board shall report24.17 to the governor, and the presiding officer of each house of the24.18 legislature,publish the names of the lobbyists registered who 24.19 were not previously reported, the names of the persons24.20 orindividuals, associations, political subdivisions, or public 24.21 higher education systems whom they represent as lobbyists, the 24.22 subject or subjects on which they are lobbying, and whether in 24.23 each case they lobby to influence legislative oraction, 24.24 administrative action or both. At the same times, the executive24.25 director of the board shall report to the governing body of each24.26 metropolitan governmental unit, the names of the registered24.27 lobbyists who attempt to influence the official action of24.28 metropolitan governmental units, the names of the persons or24.29 associations whom they represent as lobbyists, and the subject24.30 or subjects on which they are lobbying, or the official action 24.31 of a metropolitan governmental unit. 24.32 Sec. 7. Minnesota Statutes 1998, section 10A.06, is 24.33 amended to read: 24.34 10A.06 [CONTINGENT FEES PROHIBITED.] 24.35 No person may act as or employ a lobbyist for compensation 24.36 that is dependent upon the result or outcome of any legislative 25.1 or administrative action, or of the official action of a 25.2 metropolitan governmental unit. A person who violates the25.3 provisions ofthis section is guilty of a gross misdemeanor. 25.4 Sec. 8. Minnesota Statutes 1998, section 10A.065, 25.5 subdivision 1, is amended to read: 25.6 Subdivision 1. [ REGISTERED LOBBYISTCONTRIBUTIONS ;DURING 25.7 LEGISLATIVE SESSION.] A candidate for the legislature or for 25.8 constitutional office, athe candidate's principal campaign 25.9 committee, any other political committee with the candidate's25.10 name or title, any committee authorized by the candidate,or a 25.11 political committee or party unit established by all or a part 25.12 of the party organization within a house of the legislature, 25.13 shall not solicit or accept a contribution on behalf of a25.14 candidate's principal campaign committee, any other political25.15 committee with the candidate's name or title, any committee25.16 authorized by the candidate, or a political committee25.17 established by all or a part of the party organization within a25.18 house of the legislature,from a registered lobbyist, political 25.19 committee, or political fund, or from a party unit established 25.20 by the party organization within a house of the legislature, 25.21 during a regular session of the legislature. 25.22 Sec. 9. Minnesota Statutes 1998, section 10A.065, 25.23 subdivision 1a, is amended to read: 25.24 Subd. 1a. [PARTY UNIT SOLICITATIONS.] A political party 25.25 unit shall not solicit or receive at an event hosted by a 25.26 candidate for the legislature or by a candidate for 25.27 constitutional office a contribution from a lobbyist, political 25.28 committee, orpolitical fund, or party unit during a regular 25.29 session of the legislature. 25.30 Sec. 10. Minnesota Statutes 1998, section 10A.065, 25.31 subdivision 3, is amended to read: 25.32 Subd. 3. [CIVIL PENALTY.] A candidate or, political 25.33 committee, or party unit that violates this section is subject 25.34 to a civil fine of up to $500. If the board makes a public 25.35 finding that there is probable cause to believe a violation of 25.36 this section has occurred, the board shall bring an action, or 26.1 transmit the finding to a county attorney who shall bring an 26.2 action, in the district court of Ramsey county, to impose26.3 collect a civil fine as prescribedimposed by the board. Fines 26.4 paid under this section must be deposited in the general fund in 26.5 the state treasury. 26.6 Sec. 11. Minnesota Statutes 1998, section 10A.08, is 26.7 amended to read: 26.8 10A.08 [REPRESENTATION DISCLOSURE.] 26.9 AnyA public official who represents a client for a fee 26.10 before anyan individual, board, commission, or agency that has 26.11 rule making authority in a hearing conducted under chapter 14, 26.12 shall disclose the official's participation in the action to the 26.13 board within 14 days after the appearance. The board shall 26.14 notify by certified mail or personal service any public official 26.15 who fails to disclose the participation within 14 days after the 26.16 appearance. If the public official fails to disclose the 26.17 participation within seven days of this notice, the board may 26.18 impose a late filing fee of $5 per day, not to exceed $100, 26.19 commencing on the eighth day after receiving notice. 26.20 Sec. 12. Minnesota Statutes 1998, section 10A.09, is 26.21 amended to read: 26.22 10A.09 [STATEMENTS OF ECONOMIC INTEREST.] 26.23 Subdivision 1. [TIME FOR FILING.] Except for a candidate 26.24 for elective office in the judicial branch, an individual shall 26.25 file a statement of economic interest with the board: 26.26 (1) within 60 days of accepting employment as a public 26.27 official or a local official in a metropolitan governmental 26.28 unit; 26.29 (2) within 14 days after filing an affidavit of candidacy 26.30 or petition to appear on the ballot for an elective publicstate 26.31 office or an elective local office in a metropolitan 26.32 governmental unit; 26.33 (3) in the case of a public official requiring the advice 26.34 and consent of the senate, within 14 days after undertaking the 26.35 duties of office; or 26.36 (4) in the case of members of the Minnesota racing 27.1 commission, the director of the Minnesota racing commission, 27.2 chief of security, medical officer, inspector of pari-mutuels, 27.3 and stewards employed or approved by the commission or persons 27.4 who fulfill those duties under contract, within 60 days of 27.5 accepting or assuming duties. 27.6 Subd. 2. [ NOTIFICATIONNOTICE TO BOARD.] The secretary of 27.7 state or the appropriate county auditor, upon receiving an 27.8 affidavit of candidacy or petition to appear on the ballot from 27.9 an individual required by this section to file a statement of 27.10 economic interest, and any official who nominates or employs a 27.11 public or local official required by this section to file a 27.12 statement of economic interest, shall notify the board of the 27.13 name of the individual required to file a statement and the date 27.14 of the affidavit, petition, or nomination. 27.15 Subd. 3. [NOTICE OF FILING.] The board shall notify the27.16 secretary of state or the appropriate county auditor and, when27.17 necessary in the case of appointive office,the presiding 27.18 officer of the house that will approve or disapprove the 27.19 nomination, of the name of thean individual who has filed a 27.20 statement of economic interest with the board, a copy of the 27.21 statement, and the date on which the statement was filed. 27.22 Subd. 5. [FORM.] A statement of economic interest required 27.23 by this section shallmust be on a form prescribed by the 27.24 board. The individual filing shall provide the following 27.25 information: 27.26 (a)(1) name, address, occupation, and principal place of 27.27 business; 27.28 (b)(2) the name of each associated business and the nature 27.29 of that association; 27.30 (c)(3) a listing of all real property within the state, 27.31 excluding homestead property, in which the individual holds: 27.32 (i) a fee simple interest, a mortgage, a contract for deed as 27.33 buyer or seller, or an option to buy, whether direct or 27.34 indirect, and whichif the interest is valued in excess of 27.35 $2,500; or (ii) an option to buy, whichif the property has a 27.36 fair market value of $50,000 or more; 28.1 (d)(4) a listing of all real property within the state in 28.2 which a partnership of which the individual is a member holds: 28.3 (i) a fee simple interest, a mortgage, a contract for deed as 28.4 buyer or seller, or an option to buy, whether direct or 28.5 indirect, if the individual's share of the partnership interest 28.6 is valued in excess of $2,500; or (ii) an option to buy, which28.7 if the property has a fair market value of $50,000 or more. Any28.8 A listing under clause (c)(3) or (d) shall(4) must indicate 28.9 the street address and the municipality or the section, 28.10 township, range and approximate acreage, whichever applies, and 28.11 the county whereinin which the property is located; and 28.12 (e)(5) a listing of any investments, ownership, or 28.13 interests in property connected with pari-mutuel horse racing in 28.14 the United States and Canada, including a race horse, in which 28.15 the individual directly or indirectly holds a partial or full 28.16 interest or an immediate family member holds a partial or full 28.17 interest. 28.18 Subd. 6. [SUPPLEMENTARY STATEMENT.] Each individual who is 28.19 required to file a statement of economic interest shall file a 28.20 supplementary statement on April 15 of each year that the 28.21 individual remains in office if information on the most recently 28.22 filed statement has changed. The supplementary statement, if 28.23 required, shallmust include the amount of each honorarium in 28.24 excess of $50 received since the previous statement , together28.25 withand the name and address of the source of the honorarium. 28.26 The board shall maintain a statement of economic interest 28.27 submitted by an officeholder shall be filedin the same file 28.28 with the statement submitted as a candidate. 28.29 Subd. 6a. [LOCAL OFFICIALS.] A local official required to 28.30 file a statement under this section shall file it with the 28.31 governing body of the official's political subdivision. The 28.32 governing body shall maintain statements filed with it under 28.33 this subdivision as public data. 28.34 Subd. 7. [LATE FILING.] The board shall notify by 28.35 certified mail or personal service any individual who fails 28.36 within the prescribed time to file a statement of economic 29.1 interest required by this section. If an individual fails to 29.2 file a statement within seven days after receiving this notice, 29.3 the board may impose a late filing fee of $5 per day, not to 29.4 exceed $100, commencing on the eighth day after receiving 29.5 notice. The board shall further notify by certified mail or 29.6 personal service any individual who fails to file a statement 29.7 within 21 days after receiving a first notice that the 29.8 individual may be subject to a criminal penalty for failure to 29.9 file a statement. An individual who fails to file a statement 29.10 within seven days after a second notice is guilty of a 29.11 misdemeanor. 29.12 Subd. 8. [FAILURE TO FILE; SUSPENSION.] AnyA public 29.13 official, except a member of the legislature or a constitutional 29.14 officer, who is required to file a statement of economic 29.15 interest and fails to do so by the prescribed deadline shall29.16 must be suspended without pay by the board in the manner 29.17 prescribed in the contested case procedures in chapter 14. 29.18 Sec. 13. Minnesota Statutes 1998, section 10A.10, is 29.19 amended to read: 29.20 10A.10 [PENALTY FOR FALSE STATEMENTS.] 29.21 A report or statement required to be filed by sections29.22 10A.02 to 10A.09 shallunder this chapter must be signed and 29.23 certified as true by the individual required to file the 29.24 report. AnyAn individual who signs and certifies to be true a 29.25 report or statement knowing it contains false information or who 29.26 knowingly omits required information is guilty of a gross 29.27 misdemeanor. 29.28 Sec. 14. Minnesota Statutes 1998, section 10A.11, is 29.29 amended to read: 29.30 10A.11 [ORGANIZATION OF POLITICALCOMMITTEES AND PARTY 29.31 UNITS.] 29.32 Subdivision 1. [CHAIR AND TREASURER.] EveryA political 29.33 committee shall, principal campaign committee, or party unit 29.34 must have a chair and a treasurer. Nothing in this chapter29.35 shall prohibit them from beingThe chair and treasurer may be 29.36 the same individual. 30.1 Subd. 2. [TREASURER VACANCY IN OFFICE OF TREASURER.] No30.2 contribution shall be accepted and no expenditure shall be made30.3 by or on behalf ofA political committee at a time when there is30.4 a vacancy in, principal campaign committee, or party unit may 30.5 not accept a contribution or make an expenditure or permit an 30.6 expenditure to be made on its behalf while the office of 30.7 treasurer is vacant. 30.8 Subd. 3. [DEPUTY TREASURERS.] The treasurer of a political 30.9 committee, principal campaign committee, or party unit may 30.10 appoint as many deputy treasurers as necessary and shall beis 30.11 responsible for their accounts. 30.12 Subd. 4. [DEPOSITORIES.] The treasurer of a political 30.13 committee, principal campaign committee, or party unit may 30.14 designate not more thanone or two depositories in each county 30.15 in which a campaign is conducted. 30.16 Subd. 5. [COMMINGLING PROHIBITED.] No funds ofA political 30.17 committee shall be commingled, principal campaign committee, or 30.18 party unit may not commingle its funds with anypersonal funds 30.19 of officers, members, or associates of the committee. 30.20 Subd. 7. [PENALTY.] AnyA person who knowingly violates 30.21 the provisions ofthis section is guilty of a misdemeanor. 30.22 Sec. 15. Minnesota Statutes 1998, section 10A.12, is 30.23 amended to read: 30.24 10A.12 [POLITICAL FUNDS.] 30.25 Subdivision 1. [ TRANSFERS MUST BE FROM POLITICAL FUNDWHEN 30.26 REQUIRED.] NoAn association other than a political 30.27 committee shall transferor party unit may not contribute more 30.28 than $100 in aggregate in any one year to candidates or, 30.29 political committees, or party units or make any approved or 30.30 independent expenditure or expenditure to promote or defeat a 30.31 ballot question unless the transfercontribution or expenditure 30.32 is made from a political fund. 30.33 Subd. 2. [COMMINGLING PROHIBITED.] The contents of a 30.34 political fund shallmay not be commingled with anyother funds 30.35 or with the personal funds of anyan officer or member of the 30.36 fund. 31.1 Subd. 3. [TREASURER.] EachAn association whichthat has a 31.2 political fund shallmust elect or appoint a treasurer of the 31.3 political fund. 31.4 Subd. 4. [TREASURER VACANCY IN OFFICE OF TREASURER.] No31.5 contributions to theA political fund shall be accepted and no31.6 expendituresmay not accept a contribution or make an 31.7 expenditure or transferscontribution from the political fund 31.8 shall be madewhile the office of treasurer of the political 31.9 fund is vacant. 31.10 Subd. 5. [DUES OR MEMBERSHIP FEES.] Notwithstanding31.11 subdivision 1, anyAn association may, if not prohibited by 31.12 other law, deposit in its political fund money derived from dues 31.13 or membership fees. Pursuant toUnder section 10A.20, the 31.14 treasurer of the fund shall disclose the name of any member 31.15 whose dues, membership fees, and contributions deposited in the 31.16 political fund together exceed $100 in any onea year. 31.17 Subd. 6. [PENALTY.] AnyA person who knowingly violates 31.18 the provisions ofthis section is guilty of a misdemeanor. 31.19 Sec. 16. Minnesota Statutes 1998, section 10A.13, is 31.20 amended to read: 31.21 10A.13 [ACCOUNTS WHICHTHAT MUST BE KEPT.] 31.22 Subdivision 1. [ LIST OFACCOUNTS; PENALTY.] The treasurer 31.23 of a political committee or, political fund, principal campaign 31.24 committee, or party unit shall keep an account of: 31.25 (a)(1) the sum of all contributions, except any donation 31.26 in kind valued at $20 or less, made to the politicalcommittee 31.27 or political, fund, or party unit; 31.28 (b)(2) the name and address of each source of a 31.29 transfercontribution made to the politicalcommittee or31.30 political, fund, or party unit in excess of $20, together with 31.31 the date and amount of each; 31.32 (c) The name and address of each source of a donation in31.33 kind valued in excess of $20, together with the date and amount;31.34 (d)(3) each expenditure made by the committee or, fund, 31.35 or party unit, together with the date and amount; 31.36 (e)(4) each approved expenditure made on behalf of the 32.1 committee or, fund, or party unit, together with the date and 32.2 amount; and 32.3 (f)(5) the name and address of each political committee 32.4 or, political fund, principal campaign committee, or party unit 32.5 to which transferscontributions in excess of $20 have been 32.6 made, together with the date and amount. 32.7 Any individual who knowingly violates any provision ofthis 32.8 subdivision is guilty of a misdemeanor. 32.9 Subd. 2. [RECEIPTS.] The treasurer shall obtain a 32.10 receipted bill, stating the particulars, for every expenditure 32.11 in excess ofover $100 made by, or approved expenditure in32.12 excess ofover $100 made on behalf of, a politicalthe committee 32.13 or political, fund, or party unit, and for any expenditure or 32.14 approved expenditure in a lesser amount if the aggregate amount 32.15 of lesser expenditures and approved expenditures made to the 32.16 same individual or association during anythe same year exceeds 32.17 $100. The treasurer shall preserve all receipted bills and32.18 accounts required to be kept by this section for four years.32.19 Sec. 17. Minnesota Statutes 1998, section 10A.14, is 32.20 amended to read: 32.21 10A.14 [REGISTRATION OF POLITICAL COMMITTEES AND POLITICAL32.22 FUNDS.] 32.23 Subdivision 1. [FIRST REGISTRATION BY TREASURER.] The 32.24 treasurer of a political committee or, political fund, principal 32.25 campaign committee, or party unit shall register with the board 32.26 by filing a statement of organization no later than 14 days 32.27 after the date upon whichthe committee or, fund, or party unit 32.28 has made a contribution, received contributions, or made 32.29 expenditures in excess of $100. 32.30 Subd. 2. [ CONTENTSFORM.] The statement of 32.31 organization shallmust include: 32.32 (a)(1) the name and address of the politicalcommittee or32.33 political, fund, or party unit; 32.34 (2) the name and address of the chair of a political 32.35 committee, principal campaign committee, or party unit; 32.36 (b)(3) the name and address of any supporting association 33.1 of a political fund; 33.2 (c)(4) the name and address of the chair,the treasurer ,33.3 and any deputy treasurers; 33.4 (d)(5) a listing of all depositories or safety deposit 33.5 boxes used; 33.6 (e) a statement as to whether the committee is a principal33.7 campaign committee as authorized by section 10A.19, subdivision33.8 1;and 33.9 (f)(6) for political partiesthe state committee of a 33.10 political party only, a list of categories of substateits party 33.11 units as defined in section 10A.27, subdivision 4. 33.12 Subd. 4. [ NOTICE OFFAILURE TO FILE; PENALTY.] The board 33.13 shall notify by certified mail or personal service any 33.14 individual who fails to file a statement required by this 33.15 section. If an individual fails to file a statement within 33.16 seven days after receiving a notice, the board may impose a late 33.17 filing fee of $5 per day, not to exceed $100, commencing with 33.18 the eighth day after receiving notice. The board shall further 33.19 notify by certified mail or personal service any individual who 33.20 fails to file a statement within 21 days after receiving a first 33.21 notice that such individual may be subject to a criminal penalty 33.22 for failure to file the report. An individual who knowingly 33.23 fails to file the statement within seven days after receiving a 33.24 second notice from the board is guilty of a misdemeanor. 33.25 Sec. 18. Minnesota Statutes 1998, section 10A.15, is 33.26 amended to read: 33.27 10A.15 [CONTRIBUTIONS.] 33.28 Subdivision 1. [ANONYMOUS CONTRIBUTIONS.] No anonymous33.29 contribution in excess of $20 shall be retained by anyA 33.30 political committee or, political fund, principal campaign 33.31 committee, or party unit may not retain an anonymous 33.32 contribution in excess of $20, but shall be forwardedforward it 33.33 to the board and depositedfor deposit in the general account of 33.34 the state elections campaign fund. 33.35 Subd. 2. [SOURCE OF CONTRIBUTIONS; AMOUNT; DATE.] EveryAn 33.36 individual who receives a contribution in excess of $20 for a 34.1 political committee or, political fund, principal campaign 34.2 committee, or party unit shall, on demand of the treasurer, 34.3 inform the treasurer of the name and, if known, the address of 34.4 the source of the contribution, together withthe amount of the 34.5 contribution, and the date it was received. 34.6 Subd. 3. [DEPOSIT IN ACCOUNT.] All transferscontributions 34.7 received by or on behalf of anya candidate, principal campaign 34.8 committee, political committee or, political fund shall, or 34.9 party unit must be deposited in an account designated "Campaign 34.10 Fund of ..... (name of candidate, committee or, fund, or party 34.11 unit)." All transfers shallcontributions must be deposited 34.12 promptly upon receipt and, except for transferscontributions 34.13 received during the last three days of anya reporting period as 34.14 described in section 10A.20, shallmust be deposited during the 34.15 reporting period in which they were received. Any transferA 34.16 contribution received during the last three days of a reporting 34.17 period shallmust be deposited within 72 hours ofafter receipt 34.18 and shallmust be reported as received during the reporting 34.19 period whether or not deposited within that period. AnyA 34.20 candidate, principal campaign committee, political committee, 34.21 political fund, or party unit may refuse to accept a 34.22 contribution. A deposited transfercontribution may be returned 34.23 to the contributor within 60 days ofafter deposit. A 34.24 transfercontribution deposited and not returned within 60 days 34.25 ofafter that deposit shall be deemed for the purposes of this34.26 chapter, to bemust be reported as accepted by the candidate,34.27 political committee, or political fund. 34.28 Subd. 3a. [ EXCEEDING CONTRIBUTION LIMITSEXCESS.] NoA 34.29 treasurer of a principal campaign committee of a candidate shall34.30 may not deposit any transfer whicha contribution that on its 34.31 face exceeds the limit on contributions to thatthe candidate 34.32 prescribed by section 10A.27 unless, at the time of deposit, the 34.33 treasurer issues a check to the source for the amount of the 34.34 excess. 34.35 Subd. 3b. [ATTRIBUTABLE CONTRIBUTIONS.] Contributions made 34.36 to a candidate or principal campaign committee that are directed 35.1 to thatthe candidate or principal campaign committee by a 35.2 political fund or, committee, or party unit must be reported as 35.3 attributable to the political fund or, committee, or party unit 35.4 and count toward the contribution limits of that fund or, 35.5 committee, or party unit specified in section 10A.27, if 35.6 the politicalfund or, committee, or party unit was organized or 35.7 is operated primarily to direct contributions other than from 35.8 its own fundsmoney to one or more candidates or principal 35.9 campaign committees. The treasurer of the political fund or, 35.10 committee, or party unit shall advise the candidate or the 35.11 candidate's principal campaign committee if the contribution or 35.12 contributions are not from the fundsmoney of the politicalfund 35.13 or the political, committee, or party unit and the original 35.14 source of the fundsmoney. As used in this subdivision, the 35.15 term "direct" includes, but is not limited to, order, command, 35.16 control, or instruct. A violation of this subdivision is a 35.17 violation of section 10A.29. 35.18 Subd. 3c. [RELATED COMMITTEES.] An individual, 35.19 association, political committee, orpolitical fund, or party 35.20 unit may establish, finance, maintain, or control a political 35.21 committee or, political fund, or party unit. One who does this 35.22 is a "parent." The political committee or, fund, or party unit 35.23 so established, financed, maintained, or controlled is a 35.24 "subsidiary." If the parent is an association, the association 35.25 must create a political committee or political fund to serve as 35.26 the parent for reporting purposes. A subsidiary must report its 35.27 contribution to a candidate or principal campaign committee as 35.28 attributable to its parent, and the contribution is counted 35.29 toward the contribution limits in section 10A.27 of the parent 35.30 as well as of the subsidiary. 35.31 Subd. 4. [PENALTY.] AnyAn individual violating the35.32 provisions ofthis section is guilty of a misdemeanor. 35.33 Subd. 5. [ LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND35.34 REGISTRATION NUMBER ON CHECKS.] A contribution made to a 35.35 candidate by a lobbyist, political committee, orpolitical fund, 35.36 or party unit must show the name of the lobbyist, political 36.1 committee, orpolitical fund, or party unit and the number under 36.2 which it is registered with the board. 36.3 Sec. 19. Minnesota Statutes 1998, section 10A.16, is 36.4 amended to read: 36.5 10A.16 [EARMARKING CONTRIBUTIONS PROHIBITED.] 36.6 An individual, political committee, orpolitical fund, 36.7 principal campaign committee, or party unit may not solicit or 36.8 accept a contribution from any source with the express or 36.9 implied condition that the contribution or any part of it be 36.10 directed to a particular candidate other than the initial 36.11 recipient. An individual, political committee, orpolitical 36.12 fund who, principal campaign committee, or party unit that 36.13 knowingly accepts any earmarked contribution is guilty of a 36.14 gross misdemeanor. 36.15 Sec. 20. Minnesota Statutes 1998, section 10A.17, is 36.16 amended to read: 36.17 10A.17 [EXPENDITURES.] 36.18 Subdivision 1. [AUTHORIZATION.] No expenditure shall be36.19 made byA political committee, political fund, orprincipal 36.20 campaign committee, or party unit may not expend money unless it36.21 the expenditure is authorized by the treasurer or deputy 36.22 treasurer of that committee or, fund, or party unit. 36.23 Subd. 2. [ APPROVED EXPENDITURESWRITTEN AUTHORIZATION.] No36.24 An individual or association may not make an approved 36.25 expenditure of more than $20 without receiving written 36.26 authorization as to the amount that may be spent and the purpose36.27 of the expenditurefrom the treasurer of the principal campaign 36.28 committee of the candidate who approved the expenditure stating 36.29 the amount that may be spent and the purpose of the expenditure. 36.30 Subd. 3. [ VOUCHERS FORPETTY CASH.] The treasurer or 36.31 deputy treasurer of a political committee, principal campaign 36.32 committee, or party unit may sign vouchers for petty cash of not36.33 more thanup to $100 per week for statewide elections or $20 per 36.34 week for legislative elections, to be used for miscellaneous 36.35 expenditures. 36.36 Subd. 4. [INDEPENDENT SOLICITATION OR37.1 EXPENDITUREEXPENDITURES.] AnyAn individual, political 37.2 committee, orpolitical fund who, principal campaign committee, 37.3 or party unit that independently solicits or accepts 37.4 contributions or makes independent expenditures on behalf of any37.5 a candidate shall publicly disclose that the expenditure is an 37.6 independent expenditure. All written communications with those 37.7 from whom contributions are independently solicited or accepted 37.8 or to whom independent expenditures are made on behalf of a 37.9 candidate, shallmust contain a statement in conspicuous type 37.10 that the activity is an independent expenditure and is not 37.11 approved by the candidate nor is the candidate responsible for 37.12 it. Similar language shallmust be included in all oral 37.13 communications, in conspicuous type on the front page of all 37.14 literature and advertisements published or posted, and at the 37.15 end of all broadcast advertisements made by that individual, 37.16 political committee or, political fund, principal campaign 37.17 committee, or party unit on the candidate's behalf. 37.18 Subd. 5. [PENALTY.] AnyA person who knowingly violates 37.19 the provisions ofsubdivision 2 is guilty of a misdemeanor. A 37.20 person who knowingly violates the provisions ofsubdivision 4 or 37.21 falsely claims that an expenditure was an independent 37.22 expenditure is guilty of a gross misdemeanor. 37.23 Sec. 21. Minnesota Statutes 1998, section 10A.18, is 37.24 amended to read: 37.25 10A.18 [TIME FOR RENDERING BILLS WHEN RENDERED AND PAID, 37.26 CHARGES, OR CLAIMS; PENALTY.] 37.27 EveryA person who has a bill, charge, or claim against any37.28 a political committee or, political fund, principal campaign 37.29 committee, or party unit for anyan expenditure shall render in 37.30 writing to the treasurer of the committee or, fund, or party 37.31 unit the bill, charge, or claim within 60 days after the 37.32 material or service is provided. Failure to so present the37.33 bill, charge or claimViolation of this section is a misdemeanor. 37.34 Sec. 22. Minnesota Statutes 1998, section 10A.19, is 37.35 amended to read: 37.36 10A.19 [PRINCIPAL CAMPAIGN COMMITTEE.] 38.1 Subdivision 1. [SINGLE COMMITTEE.] NoA candidate 38.2 shall not accept contributions from anya source, other than 38.3 self, in aggregate in excess of $100 or accept a public subsidy 38.4 unless the candidate designates and causes to be formed a single 38.5 principal campaign committee for each office sought. A 38.6 candidate may not authorize, designate, or cause to be formed 38.7 any other political committee bearing the candidate's name or 38.8 title or otherwise operating under the direct or indirect 38.9 control of the candidate. However, a candidate may be involved 38.10 in the direct or indirect control of a party unit as defined in38.11 section 10A.275, subdivision 3. 38.12 A political committee bearing a candidate's name or title38.13 or otherwise operating under the direct or indirect control of38.14 the candidate, other than a principal campaign committee of the38.15 candidate, may not accept contributions after May 21, 1993, and38.16 must be dissolved by December 31, 1993.38.17 Subd. 2. [REPLACEMENT OF OFFICERS.] A candidate may at any 38.18 time without cause remove and replace the chair, treasurer, 38.19 deputy treasurer, or any other officer of the candidate's 38.20 principal campaign committee. 38.21 Sec. 23. Minnesota Statutes 1998, section 10A.20, is 38.22 amended to read: 38.23 10A.20 [CAMPAIGN REPORTS.] 38.24 Subdivision 1. [FIRST FILING; DURATION.] The treasurer of 38.25 everya political committee and, political fund, principal 38.26 campaign committee, or party unit shall begin to file the 38.27 reports required by this section in the first year it receives 38.28 contributions or makes expenditures in excess of $100 and shall 38.29 continue to file until the committee or, fund, or party unit is 38.30 terminated. 38.31 Subd. 2. [TIME FOR FILING.] (a) The reports shallmust be 38.32 filed with the board on or before January 31 of each year and 38.33 additional reports shallmust be filed as required and in 38.34 accordance with clauses (a)paragraphs (b) and (b)(c). 38.35 (a)(b) In each year in which the name of the candidate is 38.36 on the ballot, the report of the principal campaign committee 39.1 shallmust be filed 15 days before a primary and ten days before 39.2 a general election, seven days before a special primary and a 39.3 special election, and ten days after a special election 39.4 cycle. The report due after a special election may be filed on39.5 January 31 following the special election if the special39.6 election is held not more than 60 days before that date.39.7 (b)(c) In each general election year, a political 39.8 committees andcommittee, political funds other than principal39.9 campaign committeesfund, or party unit shall file reports 39.10 ten15 days before a primary and ten days before a general 39.11 election. 39.12 If a scheduled filing date falls on a Saturday, Sunday, or39.13 legal holiday, the filing date shall be the next regular39.14 business day.39.15 Subd. 3. [CONTENTS OF REPORT.] Each(a) The report under39.16 this section shallmust disclose :39.17 (a)the amount of liquid assets on hand at the beginning of 39.18 the reporting period ;. 39.19 (b) The report must disclose the name, address, and 39.20 employer, or occupation if self-employed, of each individual ,39.21 political committee or political fund who within the yearor 39.22 association that has made one or more transfers or donations in39.23 kindcontributions to the political committee or political fund39.24 reporting entity, including the purchase of tickets for alla 39.25 fund raising effortseffort, whichthat in aggregate within 39.26 the year exceed $100 for legislative or statewide candidates or 39.27 ballot questions, together with the amount and date of 39.28 each transfer or donation in kindcontribution, and the 39.29 aggregate amount of transfers and donations in39.30 kindcontributions within the year from each source so 39.31 disclosed. A donation in kind shallmust be disclosed at its 39.32 fair market value. An approved expenditure ismust be listed as 39.33 a donation in kind. A donation in kind is considered consumed 39.34 in the reporting period in which it is received. The names of 39.35 contributors shallmust be listed in alphabetical order ;. 39.36 Contributions from the same contributor must be listed under the 40.1 same name. When a contribution received from a contributor in a 40.2 reporting period is added to previously reported unitemized 40.3 contributions from the same contributor and the aggregate 40.4 exceeds the disclosure threshold of this paragraph, the name, 40.5 address, and employer, or occupation if self-employed, of the 40.6 contributor must then be listed on the report. 40.7 (c) The report must disclose the sum of contributions to 40.8 the political committee or political fundreporting entity 40.9 during the reporting period ;. 40.10 (d) The report must disclose each loan made or received by 40.11 the political committee or political fundreporting entity 40.12 within the year in aggregate in excess of $100, continuously 40.13 reported until repaid or forgiven, together with the name, 40.14 address, occupation, and theprincipal place of business, if 40.15 any, of the lender and any endorser and the date and amount of 40.16 the loan. If anya loan made to the principal campaign 40.17 committee of a candidate is forgiven at any timeor is repaid by 40.18 anyan entity other than that principal campaign committee, 40.19 it shallmust be reported as a contribution for the year in 40.20 which the loan was made ;. 40.21 (e) The report must disclose each receipt in excess40.22 ofover $100 during the reporting period not otherwise listed 40.23 under clausesparagraphs (b) to (d) ;. 40.24 (f) The report must disclose the sum of all receipts of the 40.25 political committee or political fundreporting entity during 40.26 the reporting period ;. 40.27 (g) The report must disclose the name and address of each 40.28 individual or association to whom aggregate expenditures, 40.29 including approved expenditures, have been made by or on behalf 40.30 of the political committee or political fundreporting entity 40.31 within the year in excess of $100, together with the amount, 40.32 date, and purpose of each expenditure and the name and address 40.33 of, and office sought by, each candidate on whose behalf the 40.34 expenditure was made, identification of the ballot 40.35 question whichthat the expenditure iswas intended to promote 40.36 or defeat, and in the case of independent expenditures made in 41.1 opposition to a candidate, the candidate's name, address, and 41.2 office sought for each such candidate;. A reporting entity 41.3 making an expenditure on behalf of more than one candidate for 41.4 state or legislative office shall allocate the expenditure among 41.5 the candidates on a reasonable cost basis and report the 41.6 allocation for each candidate. 41.7 (h) The report must disclose the sum of all expenditures 41.8 made by or on behalf of the political committee or political41.9 fundreporting entity during the reporting period ;. 41.10 (i) The report must disclose the amount and nature of any41.11 an advance of credit incurred by the political committee or41.12 political fundreporting entity, continuously reported until 41.13 paid or forgiven. If anyan advance of credit incurred by the 41.14 principal campaign committee of a candidate is forgiven at any41.15 timeby the creditor or paid by anyan entity other than that 41.16 principal campaign committee, it shallmust be reported as a 41.17 donation in kind for the year in which the advance of credit was 41.18 incurred;made. 41.19 (j) The report must disclose the name and address of each 41.20 political committee, political fund, orprincipal campaign 41.21 committee, or party unit to which aggregate transfers41.22 contributions have been made that aggregate in excess of $100 41.23 have been madewithin the year , together withand the amount and 41.24 date of each transfer;contribution. 41.25 (k) The report must disclose the sum of all 41.26 transferscontributions made by the political committee,41.27 political fund, or principal campaign committeereporting entity 41.28 during the reporting period ;. 41.29 (l) Except for contributions to a candidate or committee41.30 for a candidate for office in a municipality as defined in41.31 section 471.345, subdivision 1,The report must disclose the 41.32 name and address of each individual or association to 41.33 whom aggregatenoncampaign disbursements have been made that 41.34 aggregate in excess of $100 have been madewithin the year by or 41.35 on behalf of a principal campaign committee, political41.36 committee, or political fund, together withthe reporting entity 42.1 and the amount, date, and purpose of each noncampaign 42.2 disbursement ;. 42.3 (m) The report must disclose the sum of all noncampaign 42.4 disbursements made within the year by or on behalf of a42.5 principal campaign committee, political committee, or political42.6 fund;the reporting entity. 42.7 (n) The report must disclose the name and address of a 42.8 nonprofit corporation that provides administrative assistance to 42.9 a political committee or political fund as authorized by section 42.10 211B.15, subdivision 17, together withthe type of 42.11 administrative assistance provided, and the aggregate fair 42.12 market value of each type of assistance provided to the 42.13 political committee or political fund during the reporting 42.14 period ; and. 42.15 (o) A report filed under subdivision 2, clause (b), by a42.16 political committee or political fund that is subject to42.17 subdivision 14, must contain the information required by42.18 subdivision 14, if the political committee or political fund has42.19 solicited and caused others to make aggregate contributions42.20 greater than $5,000 between January 1 of the general election42.21 year and the end of the reporting period. This disclosure42.22 requirement is in addition to the report required by subdivision42.23 14.42.24 Subd. 3a. [COUNTIES IN LEGISLATIVE DISTRICT.] The reports42.25 of a principal campaign committee of a legislative candidate42.26 required by this section shall list in a prominent place on the42.27 first page of every report each county in which the legislative42.28 district lies.42.29 Subd. 4. [PERIOD OF REPORT.] A report shallmust cover the 42.30 period from the last day covered by the previous report to seven 42.31 days prior tobefore the filing date, except that the report due 42.32 on January 31 shallmust cover the period from the last day 42.33 covered by the previous report to December 31. 42.34 Subd. 5. [PREELECTION REPORTS.] In anya statewide 42.35 election any loan, contribution, or contributions from any one 42.36 source totaling $2,000 or more, or in any judicial district or 43.1 legislative election totaling more than $400, received between 43.2 the last day covered in the last report prior tobefore an 43.3 election and the election shallmust be reported to the board in 43.4 one of the following ways: 43.5 (1) in person within 48 hours after its receipt; 43.6 (2) by telegram or mailgram within 48 hours after its 43.7 receipt; or 43.8 (3) by certified mail sent within 48 hours after its 43.9 receipt. 43.10 These loans and contributions must also be reported in the 43.11 next required report. 43.12 The 48-hour notice requirement does not apply with respect 43.13 to a primary ifin which the statewide or legislative candidate 43.14 is unopposed in that primary. 43.15 Subd. 6. [REPORT WHEN NO COMMITTEE.] EveryA candidate who 43.16 does not designate and cause to be formed a principal campaign 43.17 committee ,and anyan individual who makes independent 43.18 expenditures or expenditures expressly advocating the approval 43.19 or defeat of a ballot question in aggregate in excess of $100 in 43.20 anya year ,shall file with the board a report containing the 43.21 information required by subdivision 3. Reports required by this 43.22 subdivision shallmust be filed on the dates on which reports by 43.23 committees and, funds, and party units are filed. 43.24 Subd. 6a. [STATEMENT OF INDEPENDENCE.] AnyAn individual, 43.25 political committee or, political fund, or party unit filing a 43.26 report or statement disclosing anyan independent expenditure 43.27 pursuant tounder subdivision 3 or 6 shall file with thatthe 43.28 report a sworn statement that the disclosed expenditures so43.29 disclosedwere not made with the authorization or expressed or 43.30 implied consent of, or in cooperation or in concert with, or at 43.31 the request or suggestion of any candidate ,or any candidate's 43.32 principal campaign committee or agent. 43.33 Subd. 6b. [INDEPENDENT EXPENDITURES; NOTICE.] (a) Within 43.34 24 hours after an individual, political committee, or political 43.35 fund makes or becomes obligated by oral or written agreement to 43.36 make an independent expenditure in excess of $100, other than an 44.1 expenditure by an association targeted to inform solely its own 44.2 dues-paying members of the association's position on a 44.3 candidate, the individual, political committee, or political 44.4 fund shall file with the board an affidavit notifying the board 44.5 of the intent to make the independent expenditure and serve a 44.6 copy of the affidavit on each candidate in the affected race and 44.7 on the treasurer of the candidate's principal campaign 44.8 committee. The affidavit must contain the information with 44.9 respect to the expenditure that is required to be reported under 44.10 subdivision 3, paragraph (g); except that if an expenditure is 44.11 reported before it is made, the notice must include a reasonable 44.12 estimate of the anticipated amount. Each new expenditure 44.13 requires a new notice. 44.14 (b) An individual or the treasurer of a political committee 44.15 or political fund who fails to give notice as required by this 44.16 subdivision, or who files a false affidavit of notice, is guilty 44.17 of a gross misdemeanor and is subject to a civil fine of up to 44.18 four times the amount of the independent expenditure stated in 44.19 the notice or of which notice was required, whichever is greater. 44.20 Subd. 7. [STATEMENT OF INACTIVITY.] If no contribution is44.21 received or expenditure made by or on behalf of a candidate,44.22 political fund or political committeea reporting entity has no 44.23 receipts or expenditures during a reporting period, the 44.24 treasurer of the committee or fundshall file with the board at 44.25 the time required by this section a statement to that effect. 44.26 Subd. 8. [EXEMPTION FROM DISCLOSURE.] The board shall 44.27 exempt anya member of or contributor to anyan association ,44.28 political committee or political fundor any other individual, 44.29 from the provisionsrequirements of this section if the member, 44.30 contributor, or other individual demonstrates by clear and 44.31 convincing evidence that disclosure would expose the member or 44.32 contributor to economic reprisals, loss of employment, or threat 44.33 of physical coercion. 44.34 An association , political committee or political fundmay 44.35 seek an exemption for all of its members or contributors if it 44.36 demonstrates by clear and convincing evidence that a substantial 45.1 number of its members or contributors would suffer a restrictive 45.2 effect on their freedom of association if members were required 45.3 to seek exemptions individually. 45.4 Subd. 10. [EXEMPTION PROCEDURE.] AnyAn individual ,or 45.5 association , political committee or political fundseeking an 45.6 exemption pursuant tounder subdivision 8 shall submit a written 45.7 application for exemption to the board. The board, without 45.8 hearing, shall grant or deny the exemption within 30 days after 45.9 receiving anthe application ,and shall issue a written order 45.10 stating the reasons for its action. The board shall publish its 45.11 order in the State Register and give notice to all parties known 45.12 to the board to have an interest in the matter. If the board 45.13 receives a written objection to its action from any party within 45.14 20 days after publication of its order and notification of 45.15 interested parties, the board shall hold a contested case 45.16 hearing on the matter. Upon the filing of a timely objection 45.17 from the applicant, an order denying an exemption shall beis 45.18 suspended pending the outcome of the contested case. If no 45.19 timely objection is received, the exemption shall continue to be45.20 continues in effect until a written objection is filed with the 45.21 board in a succeeding election year. The board by rule shall 45.22 establish a procedure so that anyan individual seeking an 45.23 exemption may proceed anonymously if the individual would be 45.24 exposed to the reprisals listed in subdivision 8 if the 45.25 individual's identity were to be revealed for the purposes of a 45.26 hearing. 45.27 Subd. 11. [REPRISALS PROHIBITED ACTIVITY; PENALTY.] No45.28 personAn individual or association shall not engage in economic 45.29 reprisals or threaten loss of employment or physical coercion 45.30 against any personan individual or association because of that 45.31 person'sindividual's or association's political contributions 45.32 or political activity. This subdivision shalldoes not apply to 45.33 compensation for employment or loss of employment whenif the 45.34 political affiliation or viewpoint of the employee is a bona 45.35 fide occupational qualification of the employment. Any person45.36 An individual or association whichthat violates this 46.1 subdivision is guilty of a gross misdemeanor. 46.2 Subd. 12. [FAILURE TO FILE; PENALTY.] The board shall 46.3 notify by certified mail or personal service anyan individual 46.4 who fails to file a statement required by this section. If an 46.5 individual fails to file a statement due January 31 within seven 46.6 days after receiving a notice, the board may impose a late 46.7 filing fee of $5 per day, not to exceed $100, commencing on the 46.8 eighth day after receiving notice. If an individual fails to 46.9 file a statement due before anya primary or election within 46.10 three days ofafter the date due, regardless of whether the 46.11 individual has received any notice, the board may impose a late 46.12 filing fee of $50 per day, not to exceed $500, commencing on the 46.13 fourth day after the date the statement was due. The board 46.14 shall further notify by certified mail or personal service any46.15 an individual who fails to file anya statement within 14 days 46.16 after receiving a first notice from the board that the 46.17 individual may be subject to a criminal penalty for failure to 46.18 file a statement. An individual who knowingly fails to file the 46.19 statement within seven days after receiving a second notice from 46.20 the board is guilty of a misdemeanor. 46.21 Subd. 13. [THIRD-PARTY REIMBURSEMENT.] An individual ,46.22 political committee, or political fundor association filing a 46.23 report disclosing an expenditure or noncampaign disbursement 46.24 that must be reported and itemized under subdivision 3, 46.25 paragraph (g) or (l), that is a reimbursement to a third 46.26 party is required tomust report the purpose of each expenditure 46.27 or disbursement for which the third party is being reimbursed. 46.28 An expenditure or disbursement is a reimbursement to a third 46.29 party if it is for goods or services that were not directly 46.30 provided by the individual or association to whom the 46.31 expenditure or disbursement is made. Third-party reimbursements 46.32 include payments to credit card companies and reimbursement of 46.33 individuals for expenses they have incurred. 46.34 Subd. 14. [REPORTS BY SOLICITORS.] An individual ,or 46.35 association, political committee, or political fund,other than 46.36 a candidate or the members of a candidate's principal campaign 47.1 committee, that directly solicits and causes others to make 47.2 contributions to candidates or a caucus of the members of a47.3 politicalparty unit in a house of the legislature, that 47.4 aggregate more than $5,000 in a calendar yearbetween January 1 47.5 of a general election year and the end of the reporting period 47.6 must file with the board a report disclosing the amount of each 47.7 contribution, the names of the contributors, and to whom the 47.8 contributions were given. The report must be filed 15 days 47.9 before a primary and ten days before a general election. The 47.10 report for each calendar year must be filed with the board by 47.11 January 31 of the following year. The report must cover the47.12 accumulated contributions made or received during the calendar47.13 year.47.14 Sec. 24. Minnesota Statutes 1998, section 10A.22, 47.15 subdivision 6, is amended to read: 47.16 Subd. 6. [RECORDKEEPING; PENALTY.] EachA person required 47.17 to file anya report or statement shall maintain records on the 47.18 matters required to be reported, including vouchers, canceled 47.19 checks, bills, invoices, worksheets, and receipts, whichthat 47.20 will provide in sufficient detail the necessary information from 47.21 which the filed reports and statements may be verified, 47.22 explained, clarified, and checked for accuracy and 47.23 completeness. The person shall keep the records available for 47.24 audit, inspection, or examination by the board or its authorized 47.25 representatives for four years from the date of filing of the 47.26 reports or statements or of changes or corrections theretoto 47.27 them. AnyA person who knowingly violates any provisions of47.28 this subdivision is guilty of a misdemeanor. 47.29 Sec. 25. Minnesota Statutes 1998, section 10A.22, 47.30 subdivision 7, is amended to read: 47.31 Subd. 7. [UNREGISTERED ASSOCIATION LIMIT; STATEMENT 47.32 REQUIRED; PENALTY.] (a) The treasurer of a political 47.33 committee or, political fund, principal campaign committee, or 47.34 party unit shall not accept a contribution of more than $100 47.35 from an association not registered in this stateunder this 47.36 chapter unless the contribution is accompanied by a written 48.1 statement whichthat meets the disclosure and reporting period 48.2 requirements imposed by section 10A.20. This statement shall48.3 must be certified as true and correct by an officer of the 48.4 contributing association. The politicalcommittee or political, 48.5 fund which, or party unit that accepts the contribution shall 48.6 include a copy of the statement with the report whichthat 48.7 discloses the contribution to the board. The provisions ofThis 48.8 subdivision shalldoes not apply when a national political party 48.9 transferscontributes money to its affiliate in this state. 48.10 (b) An unregistered association may provide the written 48.11 statement required by this subdivision to no more than three 48.12 politicalcommittees or political, funds, or party units in 48.13 anya calendar year. Each statement must cover at least the 30 48.14 days immediately preceding and including the date on which the 48.15 contribution was made. An unregistered association or an 48.16 officer of it is subject to a civil penalty up to $1,000 if the 48.17 association or its officer: 48.18 (1) fails to provide a written statement as required by 48.19 this subdivision; or 48.20 (2) fails to register after giving the written statement 48.21 required by this subdivision to more than three political48.22 committees or political, funds, or party units in anya 48.23 calendar year. 48.24 An officer of an association who violates this paragraph is 48.25 guilty of a misdemeanor. 48.26 Sec. 26. Minnesota Statutes 1998, section 10A.23, is 48.27 amended to read: 48.28 10A.23 [CHANGES AND CORRECTIONS.] 48.29 AnyMaterial changes in information previously submitted 48.30 and anycorrections to a report or statement shallmust be 48.31 reported in writing to the board within ten days following the 48.32 date of the event prompting the change or the date upon which 48.33 the person filing became aware of the inaccuracy. The change or 48.34 correction shallmust identify the form and the paragraph 48.35 containing the information to be changed or corrected. AnyA 48.36 person who willfully fails to report a material change or 49.1 correction is guilty of a gross misdemeanor. 49.2 Sec. 27. Minnesota Statutes 1998, section 10A.24, is 49.3 amended to read: 49.4 10A.24 [DISSOLUTION OR TERMINATION.] 49.5 Subdivision 1. [TERMINATION REPORT.] NoA political 49.6 committee or, political fund shall, principal campaign 49.7 committee, or party unit may not dissolve until it has settled 49.8 all of its debts and disposed of all its assets in excess of 49.9 $100 and filed a termination report. "Assets" include credit 49.10 balances at vendors and physical assets such as computers and 49.11 postage stamps. Physical assets must be listed at their fair 49.12 market value. The termination report may be made at any time 49.13 and shallmust include all information required in periodic 49.14 reports. 49.15 Subd. 2. [TERMINATION ALLOWED.] Notwithstanding 49.16 subdivision 1, after mailing notice to any remaining creditors49.17 by certified mail,a politicalcommittee or political, fund, 49.18 or party unit that has debts incurred more than six years 49.19 previously, has disposed of all its assets, and has met the 49.20 requirements of section 10A.20, subdivision 7, may notify any 49.21 remaining creditors by certified mail and then file a 49.22 termination report. 49.23 Sec. 28. Minnesota Statutes 1998, section 10A.241, is 49.24 amended to read: 49.25 10A.241 [TRANSFER OF DEBTS.] 49.26 Notwithstanding any provisions of this chapter to the49.27 contrary except as provided in thissection 10A.24, a candidate 49.28 may terminate the candidate's principal campaign committee for 49.29 one state office by transferring any debts of that committee to 49.30 the candidate's principal campaign committee for another state 49.31 office , provided that anyif all outstanding unpaid bills or 49.32 loans from the committee being terminated are assumed and 49.33 continuously reported by the committee to which the transfer is 49.34 being made until paid or forgiven. A loan that is forgiven is 49.35 covered by section 10A.20 and, for purposes of section 10A.324, 49.36 is a contribution to the principal campaign committee from which 50.1 the debt was transferred under this section. 50.2 Sec. 29. Minnesota Statutes 1998, section 10A.242, is 50.3 amended to read: 50.4 10A.242 [DISSOLUTION OF INACTIVE COMMITTEES AND FUNDS.] 50.5 Subdivision 1. [DISSOLUTION REQUIRED.] A political 50.6 committee or, political fund, or principal campaign committee 50.7 must be dissolved within 60 days after receiving notice from the 50.8 board that the committee or fund has become inactive. The 50.9 assets of the committee or fund must be spent for the purposes 50.10 authorized by section 211B.12 and other applicable law or 50.11 liquidated and deposited in the general account of the state 50.12 elections campaign fund within 60 days after the board notifies 50.13 the committee or fund that it has become inactive. 50.14 Subd. 2. [INACTIVITY DEFINED.] (a) A principal campaign 50.15 committee becomes inactive on the later of the following dates: 50.16 (1) when six years have elapsed since the last election in 50.17 which the person was a candidate for the office sought or held 50.18 at the time the principal campaign committee registered with the 50.19 board; or 50.20 (2) when six years have elapsed since the last day on which 50.21 the individual for whom it exists served in an elective office 50.22 subject to this chapter. 50.23 (b) A political committee or fund other than a principal50.24 campaign committeebecomes inactive when two years have elapsed 50.25 since the end of a reporting period during which the political 50.26 committee or fund made an expenditure or disbursement requiring 50.27 disclosure under this chapter. 50.28 Subd. 3. [REMAINING DEBTS.] If a committee or fund becomes 50.29 inactive when it still has unpaid debts, the committee or fund 50.30 shall liquidate available assets to pay the debts. If 50.31 insufficient assets exist to pay the debts, the board may set up 50.32 a payment schedule and allow the committee or fund to defer 50.33 dissolution until all debts are paid. This section does not 50.34 extinguish debts incurred by the committee or fund. 50.35 Sec. 30. Minnesota Statutes 1998, section 10A.25, is 50.36 amended to read: 51.1 10A.25 [SPENDING LIMITS ON CAMPAIGN EXPENDITURES.] 51.2 Subdivision 1. [ GOVERNOR AND LIEUTENANT GOVERNOR51.3 CANDIDATESLIMITS ARE VOLUNTARY.] For the purposes of sections51.4 10A.11 to 10A.34 a candidate for governor and a candidate for51.5 lieutenant governor, running together, shall be deemed to be a51.6 single candidate. Except as provided in subdivision 3, all51.7 expenditures made by and all approved expenditures made on51.8 behalf of the candidate for lieutenant governor shall be51.9 considered to be expenditures by and approved expenditures on51.10 behalf of the candidate for governor.The expenditure limits 51.11 imposed by this section apply only to a candidate who has signed 51.12 an agreement under section 10A.322 to be bound by them as a 51.13 condition of receiving a public subsidy for the candidate's 51.14 campaign. 51.15 Subd. 2. [ MAXIMUM EXPENDITURESAMOUNTS.] (a) In a year in 51.16 which an election is held for an office sought by a 51.17 candidate, no expenditures shall be made bythe principal 51.18 campaign committee of thatthe candidate ,shall not make 51.19 campaign expenditures nor anypermit approved expenditures to be 51.20 made on behalf of thatthe candidate which expenditures and51.21 approved expendituresthat result in anaggregate amount51.22 expenditures in excess of the following: 51.23 (1) for governor and lieutenant governor, running together, 51.24 $1,626,691; 51.25 (2) for attorney general, $271,116; 51.26 (3) for secretary of state , state treasurer,and state 51.27 auditor, separately, $135,559; 51.28 (4) for state senator, $40,669; 51.29 (5) for state representative, $20,335. 51.30 (b) In addition to the amount in paragraph (a), clause (1), 51.31 a candidate for endorsement for the office of lieutenant 51.32 governor at the convention of a political party may make 51.33 campaign expenditures and approved expenditures of five percent 51.34 of that amount to seek endorsement. 51.35 (c) If a special election cycle occurs during a general 51.36 election cycle, expenditures by or on behalf of a candidate in 52.1 the special election do not count as expenditures by or on 52.2 behalf of the candidate in the general election. 52.3 (c)(d) The expenditure limits in this subdivision for an 52.4 office are increased by ten percent for a candidate who is 52.5 running for that office for the first time and who has not run 52.6 previously for any other office whose territory now includes a 52.7 population that is more than one-third of the population in the 52.8 territory of the new office. 52.9 Subd. 2a. [AGGREGATED EXPENDITURES.] If a candidate makes 52.10 expenditures from more than one principal campaign committee for 52.11 nomination or election to statewide office in the same election 52.12 year, the amount of expenditures from all of the candidate's 52.13 principal campaign committees for statewide office for that 52.14 election year must be aggregated for purposes of the application52.15 ofapplying the limits on campaignexpenditures under 52.16 subdivision 2 , clauses (a) to (c). 52.17 Subd. 3. [ ENDORSEMENT OFGOVERNOR AND LIEUTENANT GOVERNOR 52.18 A SINGLE CANDIDATE.] Notwithstanding subdivision 2, clause (a),52.19 a candidate for endorsement for the office of lieutenant52.20 governor at the convention of a political party may make52.21 expenditures and approved expenditures of $30,000 or five52.22 percent of the amount in subdivision 2, clause (a), whichever is52.23 greater, to seek endorsement. This amount shall be in addition52.24 to the amount which may be expended pursuant to subdivision 2,52.25 clause (a).For the purposes of sections 10A.11 to 10A.34, a 52.26 candidate for governor and a candidate for lieutenant governor, 52.27 running together, are considered a single candidate. Except as 52.28 provided in subdivision 2, paragraph (b), all expenditures made 52.29 by or all approved expenditures made on behalf of the candidate 52.30 for lieutenant governor are considered to be expenditures by or 52.31 approved expenditures on behalf of the candidate for governor. 52.32 Subd. 4. [EXPENDITURES BEFORE FEBRUARY 28, 1978.] The52.33 limits prescribed in this section shall not apply to any52.34 expenditure or approved expenditure made or advance of credit52.35 incurred before February 28, 1978 unless the goods or services52.36 for which they were made or incurred are consumed or used after53.1 February 28, 1978.53.2 Subd. 5. [CONTESTED PRIMARY RACES.] Notwithstanding the 53.3 limits imposed by subdivision 2, the winning candidate in a 53.4 contested race in a primary who received fewer than twice as 53.5 many votes as any one of the candidate's opponents in that 53.6 primary may make aggregateexpenditures and permit approved 53.7 expenditures to be made on behalf of the candidate equal to 120 53.8 percent of the applicable amountlimit as set forth in 53.9 subdivision 2, as adjusted by section 10A.255. A candidate in a53.10 contested primary race may not, under this subdivision, make53.11 aggregate expenditures and approved expenditures ofbut no more 53.12 than 100 percent of the expenditure limits imposed by53.13 subdivision 2limit until after the primary. 53.14 Subd. 6. [LIMIT IN NONELECTION YEAR.] During an election 53.15 cycle, in any year before anthe election year for the office 53.16 held or sought by the candidate, the aggregate amount ofa 53.17 candidate shall not make campaign expenditures by andnor permit 53.18 approved expenditures to be made on behalf of athe candidate 53.19 for or holder ofthat office shall notexceed 20 percent of the 53.20 expenditure limit set forth in subdivision 2. 53.21 Subd. 7. [PUBLICATION OF EXPENDITURE LIMITS.] On or before53.22 December 31 of each nonelection year the board shall determine53.23 and publish in the State Register the expenditure limits for53.24 each office for the next calendar year as prescribed by53.25 subdivision 2.53.26 Subd. 10. [EFFECT OF OPPONENT'S CONDUCT.] (a) A candidate 53.27 who has agreed to be bound by the expenditure limits imposed by 53.28 this section as a condition of receiving a public subsidy for 53.29 the candidate's campaign is released from the expenditure limits 53.30 but remains eligible to receive a public subsidy if the 53.31 candidate has an opponent who does not agree to be bound by the 53.32 limits and receives contributions or makes or becomes obligated 53.33 to make expenditures during that election cycle in excess of the 53.34 following limits: 53.35 (1) up to ten days before the primary election, receipts or 53.36 expenditures equal to 20 percent of the expenditure limit for 54.1 that office as set forth in subdivision 2; or 54.2 (2) after ten days before the primary election, cumulative 54.3 receipts or expenditures during that election cycle equal to 50 54.4 percent of the expenditure limit for that office as set forth in 54.5 subdivision 2. 54.6 (b) A candidate who has not agreed to be bound by 54.7 expenditure limits, or the candidate's principal campaign 54.8 committee, shall file written notice with the board and provide 54.9 written notice to any opponent of the candidate for the same 54.10 office within 24 hours of exceeding the limits in paragraph (a), 54.11 clause (2). The notice must state only that the candidate or 54.12 candidate's principal campaign committee has received 54.13 contributions or made or become obligated to make campaign 54.14 expenditures in excess of the limits in paragraph (a), clause 54.15 (2). Upon receipt of the notice, the candidate who hashad 54.16 agreed to be bound by the limits is no longer bound by the 54.17 expenditure limits. 54.18 Subd. 11. [CARRYFORWARD; DISPOSITION OF OTHER FUNDS.] 54.19 After all campaign expenditures and noncampaign disbursements 54.20 for an election cycle have been made, an amount up to 50 percent 54.21 of the election year expenditure limit for the office may be 54.22 carried forward. Any remaining amount up to the total amount of 54.23 the public subsidy from the state elections campaign fund and54.24 any public matching subsidymust be returned to the state 54.25 treasury for credit to the general fund under section 10A.324. 54.26 Any remaining amount in excess of the total public subsidy must 54.27 be contributed to the state elections campaign fund or a 54.28 political party for multicandidate expenditures as defined in 54.29 section 10A.275. 54.30 Subd. 12. [UNUSED POSTAGE AND CREDIT BALANCES CARRIED 54.31 FORWARD.] Postage that is purchased but not used during an 54.32 election cycle and credit balances at vendors that exceed a 54.33 combined total of $500 must be carried forward and counted as 54.34 expenditures during the election cycle during which they are 54.35 used. 54.36 Subd. 13. [INDEPENDENT EXPENDITURES; LIMITS INCREASED.]55.1 (a) The expenditure limits in this section are increased by the55.2 sum of independent expenditures made in opposition to a55.3 candidate plus independent expenditures made on behalf of the55.4 candidate's major political party opponents, other than55.5 expenditures by an association targeted to inform solely its own55.6 dues-paying members of the association's position on a candidate.55.7 (b) Within 48 hours after receipt of an expenditure report55.8 or notice required by section 10A.20, subdivision 3, 6, or 6b,55.9 the board shall notify each candidate in the race of the55.10 increase in the expenditure limit for the candidates against55.11 whom the independent expenditures have been made.55.12 (c) Within three days after providing this notice, the55.13 board shall pay each candidate against whom the independent55.14 expenditures have been made, if the candidate is eligible to55.15 receive a public subsidy and has raised twice the minimum match55.16 required, an additional public subsidy equal to one-half the55.17 independent expenditures. The amount needed to pay the55.18 additional public subsidy under this subdivision is appropriated55.19 from the general fund to the board.55.20 Sec. 31. Minnesota Statutes 1998, section 10A.255, 55.21 subdivision 1, is amended to read: 55.22 Subdivision 1. [METHOD OF CALCULATION.] The dollar amounts 55.23 providedin section 10A.25, subdivision 2, must be adjusted for 55.24 general election years as provided in this section. By June 155.25 of theEach general election year, the executive director of the 55.26 board shall determine the percentage increase in the consumer 55.27 price index from December of the year preceding the last general 55.28 election year to December of the year preceding the year in 55.29 which the determination is made. The dollar amounts used for 55.30 the preceding general election year must be multiplied by that 55.31 percentage. The product of the calculation must be added to 55.32 each dollar amount to produce the dollar limitations to be in 55.33 effect for the next general election. The product must be 55.34 rounded up to the next highest whole dollar$10 increment. The 55.35 index used must be the revised consumer price index for all 55.36 urban consumers for the St. Paul-Minneapolis metropolitan area 56.1 prepared by the United States Department of Labor with 1982 as a56.2 base year. 56.3 Sec. 32. Minnesota Statutes 1998, section 10A.255, 56.4 subdivision 3, is amended to read: 56.5 Subd. 3. [PUBLICATION OF EXPENDITURE LIMIT.] By JuneApril 56.6 15 of each election year the board shall publish in the State 56.7 Register the expenditure limit for each office for that calendar 56.8 year under section 10A.25 as adjusted by this section. The 56.9 revisor of statutes shall code the adjusted amounts in the next 56.10 edition of Minnesota Statutes, section 10A.25, subdivision 2. 56.11 Sec. 33. Minnesota Statutes 1998, section 10A.265, is 56.12 amended to read: 56.13 10A.265 [FREEDOM TO ASSOCIATE AND COMMUNICATE.] 56.14 Nothing in this chapter shallmay be construed as abridging56.15 to abridge the right of an association to communicate with its 56.16 members. 56.17 Sec. 34. Minnesota Statutes 1998, section 10A.27, is 56.18 amended to read: 56.19 10A.27 [ ADDITIONAL LIMITATIONSCONTRIBUTION LIMITS.] 56.20 Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as 56.21 provided in subdivision 2, noa candidate shall not permit the 56.22 candidate's principal campaign committee to accept aggregate 56.23 contributions made or delivered by any individual, political 56.24 committee, or political fund in excess of the following: 56.25 (a)(1) to candidates for governor and lieutenant governor 56.26 running together, $2,000 in an election year for the office 56.27 sought and $500 in other years; 56.28 (b)(2) to a candidate for attorney general, $1,000 in an 56.29 election year for the office sought and $200 in other years; 56.30 (c)(3) to a candidate for the office of secretary of 56.31 state , state treasureror state auditor, $500 in an election 56.32 year for the office sought and $100 in other years; 56.33 (d)(4) to a candidate for state senator, $500 in an 56.34 election year for the office sought and $100 in other years; and 56.35 (e)(5) to a candidate for state representative, $500 in an 56.36 election year for the office sought and $100 in the other year. 57.1 (b) The following deliveries are not subject to the 57.2 bundling limitation in this subdivision: 57.3 (1) delivery of contributions collected by a member of the 57.4 candidate's principal campaign committee, such as a block worker 57.5 or a volunteer who hosts a fund raising event, to the 57.6 committee's treasurer; and 57.7 (2) a delivery made by an individual on behalf of the 57.8 individual's spouse. 57.9 Subd. 2. [ CONTRIBUTIONS FROMPOLITICAL PARTY UNITSLIMIT.] 57.10 NoA candidate shall not permit the candidate's principal 57.11 campaign committee to accept contributions from any political 57.12 party units in aggregate in excess of ten times the amount that 57.13 may be contributed to that candidate as set forth in subdivision 57.14 1. 57.15 Subd. 4. [DEFINITION OF POLITICAL PARTY.] For the purposes57.16 of this section, a political party means the aggregate of the57.17 party organization within each house of the legislature, the57.18 state party organization, and the party organization within57.19 congressional districts, counties, legislative districts,57.20 municipalities, and precincts.57.21 Subd. 5. [INDEPENDENT EXPENDITURES.] Nothing in This57.22 section shall be construed as limiting independent expenditures57.23 on behalf of a candidate.57.24 Subd. 7. [CONTRIBUTIONS AND EXPENDITURES BEFORE FEBRUARY57.25 28, 1978.] Contributions and approved expenditures made prior to57.26 February 28, 1978 which are in excess of the limits imposed by57.27 this section shall not be in violation of this section but shall57.28 be disclosed as required by this chapter.57.29 Subd. 8. [EXCESS LOANS PROHIBITED.] NoA candidate shall 57.30 not permit the candidate's principal campaign committee to 57.31 accept a loan from other than a financial institution for an 57.32 amount in excess of the contribution limits imposed by this 57.33 section. NoA candidate shall not permit the candidate's 57.34 principal campaign committee to accept anya loan from a 57.35 financial institution for which thatthe financial institution 57.36 may hold anyan endorser of thatthe loan liable to pay any58.1 an amount in excess of the amount that the endorser may 58.2 contribute to that candidate. 58.3 Subd. 9. [ TRANSFERS AMONG COMMITTEES;CONTRIBUTIONS TO AND 58.4 FROM CERTAINOTHER CANDIDATES.] (a) A candidate or the treasurer 58.5 of a candidate's principal campaign committee shall not accept a 58.6 transfer orcontribution from another candidate's principal 58.7 campaign committee or from any other committee bearing the 58.8 contributing candidate's name or title or otherwise authorized 58.9 by the contributing candidate, unless the contributing 58.10 candidate's principal campaign committee is being dissolved. A 58.11 candidate's principal campaign committee shall not make 58.12 a transfer orcontribution to another candidate's principal 58.13 campaign committee, except when the contributing committee is 58.14 being dissolved. 58.15 (b) A candidate's principal campaign committee shall not 58.16 accept a transfer orcontribution from, or make a transfer or58.17 contribution to, a committee associated with a person who seeks 58.18 nomination or election to the office of President, Senator, or 58.19 Representative in Congress of the United States. 58.20 (c) A candidate or the treasurer of a candidate's principal 58.21 campaign committee shall not accept a contribution from a 58.22 candidate for political subdivision office in any state, unless 58.23 the contribution is from the personal funds of the candidate for 58.24 political subdivision office. A candidate or the treasurer of a 58.25 candidate's principal campaign committee shall not make a 58.26 contribution from the principal campaign committee to a 58.27 candidate for political subdivision office in any state. 58.28 Subd. 10. [ PROHIBITEDLIMITED PERSONAL CONTRIBUTIONS.] A 58.29 candidate who accepts a public subsidy may not contribute to the 58.30 candidate's own campaign during a year more than ten times the 58.31 candidate's election year contribution limit under subdivision 1. 58.32 Subd. 11. [CONTRIBUTIONS FROM CERTAIN TYPES OF 58.33 CONTRIBUTORS.] A candidate shall not permit the candidate's 58.34 principal campaign committee to accept a contribution from a 58.35 political committee other than a political party unit as defined58.36 in section 10A.275, apolitical fund, alobbyist, or a59.1 large givercontributor, if the contribution will cause the 59.2 aggregate contributions from those types of contributors to 59.3 exceed an amount equal to 20 percent of the expenditure limits 59.4 for the office sought by the candidate. For purposes of this 59.5 subdivision, "large givercontributor" means an individual, 59.6 other than the candidate, who contributes an amount that is more 59.7 than $100 and more than one-half the amount an individual may 59.8 contribute. 59.9 Subd. 12. [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR59.10 FUNDS.] The treasurer of a political committee or political59.11 fund, other than a candidate's principal campaign committee or a59.12 political party unit as defined in section 10A.275, shall not59.13 permit the political committee or political fund to accept59.14 aggregate contributions from an individual, political committee,59.15 or political fund in an amount more than $100 a year.59.16 Sec. 35. Minnesota Statutes 1998, section 10A.275, 59.17 subdivision 1, is amended to read: 59.18 Subdivision 1. [EXCEPTIONS.] Notwithstanding anyother 59.19 provisions of this chapter, the following expenditures by a59.20 state political party,a party unit, or two or more party units 59.21 acting together, with at least one party unit being either: the 59.22 state party organizationcommittee or the party organization 59.23 within a congressional district, county, or legislative 59.24 district, shallare not beconsidered contributions to or 59.25 expenditures on behalf of anya candidate for the purposes of 59.26 section 10A.25 or 10A.27 ,and shallmust not be allocated to any59.27 candidates pursuant tounder section 10A.22, subdivision 559.28 10A.20, subdivision 3, paragraph (g): 59.29 (a)(1) expenditures on behalf of candidates of that party 59.30 generally without referring to any of them specifically in any59.31 advertisementa published, posted, or broadcast advertisement; 59.32 (b)(2) expenditures for the preparation, display, mailing, 59.33 or other distribution of an official party sample ballot listing 59.34 the names of three or more individuals whose names are to appear 59.35 on the ballot; 59.36 (c)(3) expenditures for anya telephone conversation 60.1 including the names of three or more individuals whose names are 60.2 to appear on the ballot; 60.3 (d)(4) expenditures for anya political party fundraising 60.4 effort on behalf of three or more candidates; or 60.5 (e)(5) expenditures for party committee staff member60.6 services that benefit three or more candidates. 60.7 Sec. 36. Minnesota Statutes 1998, section 10A.28, is 60.8 amended to read: 60.9 10A.28 [PENALTY FOR EXCEEDING LIMITS.] 60.10 Subdivision 1. [ CANDIDATEEXCEEDING EXPENDITURE LIMITS.] A 60.11 candidate subject to the expenditure limits in section 10A.25 60.12 who permits the candidate's principal campaign committee to make 60.13 expenditures or permits approved expenditures to be made on the 60.14 candidate's behalf in excess of the limits imposed by section 60.15 10A.25, as adjusted by section 10A.255, is subject to a civil 60.16 fine up to four times the amount by which the expenditures 60.17 exceeded the limit. 60.18 Subd. 2. [ CIVIL FINEEXCEEDING CONTRIBUTION LIMITS.] A 60.19 candidate who permits the candidate's principal campaign 60.20 committee to accept contributions in excess of the limits 60.21 imposed by section 10A.27 , and the treasurer of a political fund60.22 or political committee, other than a principal campaign60.23 committee, who permits the committee or fund to accept60.24 contributions in excess of the limits imposed by section 10A.27,60.25 shall beis subject to a civil fine of up to four times the 60.26 amount by which the contribution exceeded the limits. 60.27 Subd. 3. [CONCILIATION AGREEMENT.] If the board finds that 60.28 there is reason to believe that excess expenditures have been 60.29 made or excess contributions accepted contrary to the provisions60.30 ofsubdivision 1 or 2, the board shall make every effort for a 60.31 period of not less thanat least 14 days after its finding to 60.32 correct the matter by informal methods of conference and 60.33 conciliation and to enter a conciliation agreement with the 60.34 person involved. A conciliation agreement made pursuant to60.35 under this subdivision shall beis a matter of public record. 60.36 Unless violated, a conciliation agreement shall beis a bar to 61.1 any civil proceeding under subdivision 4. 61.2 Subd. 4. [CIVIL ACTION.] If the board is unable after a 61.3 reasonable time to correct by informal methods anya matter 61.4 whichthat constitutes probable cause to believe that excess 61.5 expenditures have been made or excess contributions accepted 61.6 contrary to subdivision 1 or 2, the board shall make a public 61.7 finding of probable cause in the matter. After making a public 61.8 finding, the board shall bring an action, or transmit the 61.9 finding to a county attorney who shall bring an action, in the 61.10 district court of Ramsey county or, in the case of a legislative 61.11 candidate, the district court of a county within the legislative 61.12 district, to imposecollect a civil fine as prescribedimposed 61.13 by the board pursuant tounder subdivision 1 or 2. All money 61.14 recovered pursuant tounder this section shallmust be deposited 61.15 in the general fund of the state. 61.16 Sec. 37. Minnesota Statutes 1998, section 10A.29, is 61.17 amended to read: 61.18 10A.29 [CIRCUMVENTION PROHIBITED.] 61.19 Any attempt by an individual or association to circumvent 61.20 the provisions ofthis chapter by redirecting fundsa 61.21 contribution through, or contributing fundsmaking a 61.22 contribution on behalf of, another individual or association is 61.23 a gross misdemeanor. 61.24 Sec. 38. Minnesota Statutes 1998, section 10A.30, 61.25 subdivision 1, is amended to read: 61.26 Subdivision 1. [ESTABLISHMENT.] There is hereby61.27 establishedAn account withinis established in the special 61.28 revenue fund of the state to beknown as the "state elections 61.29 campaign fund." 61.30 Sec. 39. Minnesota Statutes 1998, section 10A.31, is 61.31 amended to read: 61.32 10A.31 [DESIGNATION OF INCOME TAX PAYMENTS.] 61.33 Subdivision 1. [ AMOUNT ALLOWEDDESIGNATION.] EveryAn 61.34 individual resident of Minnesotathis state who files an income 61.35 tax return or a renter and homeowner property tax refund return 61.36 with the commissioner of revenue may designate on their original 62.1 return that $5 shall be paid from the general fund of the state 62.2 into the state elections campaign fund. If a husband and wife 62.3 file a joint return, each spouse may designate that $5 shall be 62.4 paid. No individual shall beis allowed to designate $5 more 62.5 than once in any year. The taxpayer may designate that the 62.6 amount be paid into the account of a political party or into the 62.7 general account. 62.8 Subd. 2. [DESIGNATION OF ACCOUNT.] The taxpayer may62.9 designate that the amount designated be paid into the account of62.10 a political party or into the general account.62.11 Subd. 3. [FORM.] The commissioner of the department of62.12 revenue shall provide on the first page of the income tax form 62.13 and the renter and homeowner property tax refund return a space 62.14 for the individual to indicate a wish to allocatepay $5 ($10 if 62.15 filing a joint return) from the general fund of the state to 62.16 finance election campaigns. The form shallmust also contain 62.17 language prepared by the commissioner whichthat permits the 62.18 individual to direct the state to allocatepay the $5 (or $10 if 62.19 filing a joint return) to: (i)(1) one of the major political 62.20 parties; (ii)(2) any minor political party as defined in62.21 section 10A.01, subdivision 13, whichthat qualifies under the62.22 provisions ofsubdivision 3a; or (iii)(3) all qualifying 62.23 candidates as provided by subdivision 7. The renter and 62.24 homeowner property tax refund return shallmust include 62.25 instructions that the individual filing the return may designate 62.26 $5 on the return only if the individual has not designated $5 on 62.27 the income tax return. 62.28 Subd. 3a. [QUALIFICATION OF POLITICAL PARTIES.] (a) A 62.29 major political party as defined in section 10A.01, subdivision62.30 12,qualifies for inclusion on the income tax form and property 62.31 tax refund return as provided in subdivision 3 , provided thatif 62.32 it qualifies as a major political party by July 1 of the taxable 62.33 year. 62.34 (b) A minor political party as defined in section 10A.01,62.35 subdivision 13qualifies for inclusion on the income tax form 62.36 and property tax refund return as provided in subdivision 3 ,63.1 provided that63.2 (1)(a) if a petition is filed, it is filed by June 1 of the63.3 taxable year; or63.4 (b) if the party ran a candidate for statewide office, that63.5 office must have been the office of governor and lieutenant63.6 governor, secretary of state, state auditor, state treasurer, or63.7 attorney general; and63.8 (2)if the secretary of state certifies to the commissioner 63.9 of revenue by July 1, 1984, andby July 1 of every odd-numbered63.10 the taxable year thereafter the parties which qualify as minor63.11 political parties under this subdivision.63.12 A minor party shall be certified only if the secretary of63.13 state determinesthat the party satisfies the following 63.14 conditions: 63.15 (a)(1) the party meets the requirements of section 10A.01,63.16 subdivision 13, andin the last applicablegeneral election, the 63.17 party ran a candidate for the statewide offices listed in clause63.18 (1)(b) of this subdivisionoffice of governor and lieutenant 63.19 governor, secretary of state, state auditor, or attorney 63.20 general, who received votes in each county that in the aggregate 63.21 total at least one percent of the total number of individuals 63.22 who voted in the election; 63.23 (b)(2) it is a political party, not a principal campaign 63.24 committee; and 63.25 (c)(3) it has held a state convention in the last two 63.26 years , adopted a state constitution, and elected state officers;63.27 and 63.28 (d)an officer of the party has filed with the secretary of 63.29 state a certification that the party held a state convention in63.30 the last two years, adopted a state constitution, and elected63.31 state officersto that effect. 63.32 Subd. 4. [APPROPRIATION.] (a) The amounts designated by 63.33 individuals for the state elections campaign fund, less three 63.34 percent, are appropriated from the general fund and shall, must 63.35 be transferred and credited to the appropriate account in the 63.36 state elections campaign fund, and are annually appropriated for 64.1 distribution as set forth in subdivisions 5, 5a, 6, and 7. An64.2 amount equal toThe remaining three percent shallmust be 64.3 retainedkept in the general fund for administrative costs. 64.4 (b) In addition to the amounts in paragraph (a), $1,500,000 64.5 for each general election is appropriated from the general 64.6 fund for transfer to the general account of the state elections 64.7 campaign fund. 64.8 Subd. 5. [ALLOCATION TO CANDIDATES.] (a) [GENERAL 64.9 ACCOUNT.] In each calendar year the money in the general account 64.10 shallmust be allocated to candidates as follows: 64.11 (1) 21 percent for the offices of governor and lieutenant 64.12 governor together; 64.13 (2) 3.64.2 percent for the office of attorney general; 64.14 (3) 1.82.4 percent each for the offices of secretary of 64.15 state ,and state auditor , and state treasurer; 64.16 (4) in each calendar year during the period in which state 64.17 senators serve a four-year term, 23-1/3 percent for the office 64.18 of state senator, and 46-2/3 percent for the office of state 64.19 representative; and 64.20 (5) in each calendar year during the period in which state 64.21 senators serve a two-year term, 35 percent each for the offices 64.22 of state senator and state representative. 64.23 (b) [PARTY ACCOUNT.] In each calendar year the money in 64.24 each party account shallmust be allocated as follows: 64.25 (1) 14 percent for the offices of governor and lieutenant 64.26 governor together; 64.27 (2) 2.42.8 percent for the office of attorney general; 64.28 (3) 1.21.6 percent each for the offices of secretary of 64.29 state ,and state auditor , and state treasurer; 64.30 (4) in each calendar year during the period in which state 64.31 senators serve a four-year term, 23-1/3 percent for the office 64.32 of state senator, and 46-2/3 percent for the office of state 64.33 representative; 64.34 (5) in each calendar year during the period in which state 64.35 senators serve a two-year term, 35 percent each for the offices 64.36 of state senator and state representative; and 65.1 (6) ten percent for the state committee of a political 65.2 party ;. 65.3 Money allocated to each state committee under thisclause 65.4 (6) must be deposited in a separate account and must be spent 65.5 for only those items enumerated in section 10A.275 ;. Money 65.6 allocated to a state committee under thisclause (6) must be 65.7 paid to the committee by the state treasurer as notifiedby the 65.8 state campaign finance and public disclosureboard as it is 65.9 received in the account on a monthly basis, with payment on the 65.10 15th day of the calendar month following the month in which the 65.11 returns were processed by the department of revenue, provided 65.12 that these distributions would be equal to 90 percent of the 65.13 amount of money indicated in the department of revenue's weekly 65.14 unedited reports of income tax returns and property tax refund 65.15 returns processed in the month, as notified by the department of 65.16 revenue to the state campaign finance and public disclosure65.17 board. The amounts paid to each state committee are subject to 65.18 biennial adjustment and settlement at the time of each 65.19 certification required of the commissioner of revenue under 65.20 subdivisions 7 and 10. If the total amount of payments received 65.21 by a state committee for the period reflected on a certification 65.22 by the department of revenue is different from the amount that 65.23 should have been received during the period according to the 65.24 certification, each subsequent monthly payment must be increased 65.25 or decreased to the fullest extent possible until the amount of 65.26 the overpayment is recovered or the underpayment is distributed. 65.27 Subd. 5a. [PARTY ACCOUNT FOR LEGISLATIVE CANDIDATES.] To 65.28 assureensure that moneysmoney will be returned to the counties 65.29 from which they wereit was collected ,and to assureensure 65.30 that the distribution of those moneysmoney rationally relates 65.31 to the support for particular parties or for particular 65.32 candidates within legislative districts, money from the party 65.33 accounts for legislative candidates shallmust be distributed as 65.34 follows:provided in this subdivision. 65.35 Each candidate for the state senate and state house of 65.36 representatives whose name is to appear on the ballot in the 66.1 general election shall receive money from the candidate's party 66.2 account set aside forallocated to candidates offor the state 66.3 senate or state house of representatives, whichever applies, 66.4 according to the following formula ;: 66.5 For each county within the candidate's district, the 66.6 candidate's share of the dollars allocateddesignated by 66.7 taxpayers who resided in that county and credited to the 66.8 candidate's party account and set aside forallocated to that 66.9 office shallmust be: 66.10 (a)(1) the sum of the votes cast in the last general 66.11 election in that part of the county in the candidate's district 66.12 for all candidates of that candidate's party (i)whose names 66.13 appeared on the ballot in each voting precinct of the state and66.14 (ii)statewide and for the state senate and state house of 66.15 representatives, divided by 66.16 (b)(2) the sum of the votes cast in thatthe entire county 66.17 in the last general election for all candidates of that 66.18 candidate's party (i)whose names appeared on the ballot in each66.19 voting precinct in the state and (ii)statewide and for the 66.20 state senate and state house of representatives, multiplied by 66.21 (c)(3) the amount in the candidate's party account 66.22 allocateddesignated by taxpayers who resided in that county and 66.23 set aside for the candidates for theallocated to that office 66.24 for which the candidate is running. 66.25 The sum of all the county shares calculated in the formula 66.26 above is the candidate's share of the candidate's party account. 66.27 In a year in which an election for the state senate occurs, 66.28 with respect to votes for candidates for the state senate only, 66.29 "last general election" means the last general election in which 66.30 an election for the state senate occurred. 66.31 For anya party under whose name no candidate's name 66.32 appeared on the ballot in each voting precinct in the state66.33 statewide in the last general election, amounts in the party's 66.34 account shallmust be allocated based on (a)(1) the number of 66.35 people voting in the last general election in that part of the 66.36 county in the candidate's district, divided by (b)(2) the 67.1 number of the people voting in thatthe entire county in the 67.2 last general election, multiplied by (c)(3) the amount in the 67.3 candidate's party account allocateddesignated by taxpayers who 67.4 resided in that county and set aside for the candidates for the67.5 allocated to that office for which the candidate is running. 67.6 In a year in whichthe first general election after a67.7 legislative reapportionment is heldthe legislature is 67.8 redistricted, "the candidate's district" means the newly drawn 67.9 district ,and voting data from the last general election will67.10 must be applied to the area encompassing the newly drawn 67.11 district, notwithstanding that the area was in a different 67.12 district in the last general election. 67.13 If in a district there was no candidate of a party for the 67.14 state senate or state house of representatives in the last 67.15 general election, or if a candidate for the state senate or 67.16 state house of representatives was unopposed, the vote for that 67.17 office for that party shall beis the average vote of all the 67.18 remaining candidates of that party in each county of that 67.19 district whose votes are included in the sums in clauses (a)(1) 67.20 and (b)(2). The average vote shallmust be added to the sums 67.21 in clauses (a)(1) and (b)(2) before the calculation is made 67.22 for all districts in the county. 67.23 Money from a party account not distributed to candidates67.24 for state senator and representative in any election year shall67.25 be returned to the general fund of the state. Money from a67.26 party account not distributed to candidates for other offices in67.27 an election year shall be returned to the party account for67.28 reallocation to candidates as provided in clauses (1) to (6) in67.29 the following year. Money from the general account refused by67.30 any candidate shall be distributed to all other qualifying67.31 candidates in proportion to their shares as provided in this67.32 subdivision.67.33 Subd. 6. [DISTRIBUTION OF PARTY ACCOUNTS.] As soon as the 67.34 board has obtained from the secretary of state the results of 67.35 the primary election, but in any eventno later than one week 67.36 after certification by the state canvassing board of the results 68.1 of the primary, the board shall distribute the available funds68.2 money in each party account, as certified by the commissioner of 68.3 revenue on September 1, to the candidates of that party who have 68.4 signed thea spending limit agreement as provided inunder 68.5 section 10A.322 and filed the affidavit of contributions 68.6 required by section 10A.323, who were opposed in either the 68.7 primary election or the general election, and whose names are to 68.8 appear on the ballot in the general election, according to the 68.9 allocations set forth in subdivisionsubdivisions 5 and 5a. The 68.10 public subsidy from the party account may not be paid in an 68.11 amount greater than the expenditure limit of the candidate or 68.12 the expenditure limit that would have applied to the candidate 68.13 if the candidate had not been freed from expenditure limits 68.14 under section 10A.25, subdivision 10. If a candidate files the 68.15 affidavit required by section 10A.323 after September 1 of the 68.16 general election year, the board shall pay the candidate's 68.17 allocation to the candidate at the next regular payment date for 68.18 public subsidies for that election cycle that occurs at least 15 68.19 days after the candidate files the affidavit. 68.20 Subd. 6a. [PARTY ACCOUNT MONEY NOT DISTRIBUTED.] Money 68.21 from a party account not distributed to candidates for state 68.22 senator or representative in any election year must be returned 68.23 to the general fund of the state, except that the subsidy from 68.24 the party account an unopposed candidate would otherwise have 68.25 been eligible to receive must be paid to the state committee of 68.26 the candidate's political party to be deposited in a special 68.27 account under subdivision 5, paragraph (b), clause (6), and used 68.28 for only those items permitted under section 10A.275. Money 68.29 from a party account not distributed to candidates for other 68.30 offices in an election year must be returned to the party 68.31 account for reallocation to candidates as provided in 68.32 subdivision 5, paragraph (b), in the following year. 68.33 Subd. 7. [DISTRIBUTION OF GENERAL ACCOUNT.] (a) Within two 68.34 weeks after certification by the state canvassing board of the 68.35 results of the general election, the board shall distribute the 68.36 available fundsmoney in the general account, as certified by 69.1 the commissioner of revenue on November 1 and according to 69.2 allocations set forth in subdivision 5, in equal amounts to all 69.3 candidates for each statewide officewho: 69.4 (1) have signed a spending limit agreement under section 69.5 10A.322; 69.6 (2) have filed the affidavit of contributions required by 69.7 section 10A.323; 69.8 (3) were opposed in either the primary election or the 69.9 general election; and 69.10 (4) are either a candidate for statewide office who 69.11 received at least five percent of the votes cast in the general 69.12 election for that office , and to all candidatesor a candidate 69.13 for legislative office who received at least ten percent of the 69.14 votes cast in the general election for the specific office for69.15 which they were candidates, providedthat seat. 69.16 (b) The public subsidy under this subdivision may not be 69.17 paid in an amount that would cause the sum of the public subsidy 69.18 paid from the party account plus the public subsidy paid from 69.19 the general account and the public subsidy paid to match69.20 independent expendituresto exceed 50 percent of the expenditure 69.21 limit for the candidate . If a candidate is entitled to receive69.22 an opponent's share of the general account public subsidy under69.23 section 10A.25, subdivision 10, the opponent's share must be69.24 excluded in calculating the 50 percent limitor 50 percent of 69.25 the expenditure limit that would have applied to the candidate 69.26 if the candidate had not been freed from expenditure limits 69.27 under section 10A.25, subdivision 10. Money from the general 69.28 account not paid to a candidate because of the 50 percent limit 69.29 must be distributed equally among all other qualifying 69.30 candidates for the same office until all have reached the 50 69.31 percent limit or the balance in the general account is 69.32 exhausted. The board shall not use the information contained in69.33 the report of the principal campaign committee of any candidate69.34 due ten days before the general election for the purpose of69.35 reducing the amount due that candidate from the general account.69.36 Subd. 10. [DECEMBER DISTRIBUTION.] In the event that on 70.1 the date of either certification by the commissioner of revenue 70.2 as provided in subdivisionssubdivision 6 andor 7, less than 98 70.3 percent of the tax returns have been processed, the commissioner 70.4 of revenue shall certify to the board by December 1 the amount 70.5 accumulated in each account since the previous certification. 70.6 By December 15, the board shall distribute to each candidate 70.7 according to the allocations as providedin subdivision70.8 subdivisions 5 and 5a the amounts to which the candidates are 70.9 entitled. 70.10 Subd. 10a. [FORM OF DISTRIBUTION.] A distribution to a 70.11 candidate must be in the form of checksa check made "payable to 70.12 the campaign fund of ......(name of candidate)......." 70.13 Subd. 10b. [REMAINDER.] AnyMoney accumulated after the 70.14 final certification shallmust be maintainedkept in the 70.15 respective accounts for distribution in the next general 70.16 election year. 70.17 Subd. 11. [WRITE-IN CANDIDATE.] For the purposes of this 70.18 section, a write-in candidate is a candidate only upon complying 70.19 with the provisions of sectionsections 10A.322 , subdivision70.20 1and 10A.323. 70.21 Subd. 12. [UNOPPOSED CANDIDATE NOT ELIGIBLE.] A candidate70.22 who is unopposed in both the primary election and the general70.23 election is not eligible to receive a public subsidy from the70.24 state election campaign fund. The subsidy from the party70.25 account the candidate would otherwise have been eligible to70.26 receive must be paid to the candidate's political party to be70.27 deposited in a special account under section 10A.31, subdivision70.28 5, clause (6), and used for only those items permitted under70.29 section 10A.275.70.30 Sec. 40. Minnesota Statutes 1998, section 10A.315, is 70.31 amended to read: 70.32 10A.315 [SPECIAL ELECTION SUBSIDY.] 70.33 (a) Each eligible candidate for a legislative office in a 70.34 special election must be paid a public subsidy equal to the sum 70.35 of: 70.36 (1) the party account money at the last general election 71.1 for the candidate's party for the office the candidate is 71.2 seeking; and 71.3 (2) the general account money paid to candidatesa 71.4 candidate for the same office at the last general election. 71.5 (b) If the filing period for the special election coincides71.6 with the filing period for the general election, the candidate71.7 must meet the matching requirements of section 10A.323 and the71.8 special election subsidy must be distributed in the same manner71.9 as money is distributed to legislative candidates in a general71.10 election.71.11 (c) If the filing period for the special election does not71.12 coincide with the filing period for the general election, the71.13 procedures in this paragraph apply.A candidate who wishes to 71.14 receive this public subsidy must submit a signed agreement under 71.15 section 10A.322 to the board not later than the day after the71.16 candidate files the affidavit of candidacy or nominating71.17 petition for the office. The candidateand must meet the 71.18 matchingcontribution requirements of section 10A.323. The 71.19 special election subsidy must be distributed in the same manner 71.20 as money in the party and general accounts is distributed to 71.21 legislative candidates in a general election. 71.22 (d)(c) The amount necessary to make the payments required 71.23 by this subdivisionsection is appropriated from the general 71.24 fund to the state treasurerboard. 71.25 Sec. 41. Minnesota Statutes 1998, section 10A.321, is 71.26 amended to read: 71.27 10A.321 [ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.] 71.28 Subdivision 1. [CALCULATION AND CERTIFICATION OF 71.29 ESTIMATES.] The commissioner of revenue shall calculate and 71.30 certify to the board before July 1 in aneach election year an 71.31 estimate of the total amount in the state general account of the 71.32 state elections campaign fund and the amount of money each 71.33 candidate who qualifies, as provided in section 10A.31, 71.34 subdivisions 6 and 7, may receive from the candidate's party 71.35 account in the state elections campaign fund. This estimate 71.36 must be based upon the allocations and formulas in section 72.1 10A.31, subdivisionsubdivisions 5 and 5a, any necessary vote 72.2 totals provided by the secretary of state to apply the formulas 72.3 in section 10A.31, subdivisionsubdivisions 5 and 5a, and the 72.4 amount of money expected to be available after 100 percent of 72.5 the tax returns have been processed. 72.6 Subd. 2. [PUBLICATION, CERTIFICATION, AND NOTIFICATION 72.7 PROCEDURES.] Before the first day of filing for office, the 72.8 board shall publish and forward to all filing officers the 72.9 estimates calculated and certified under subdivision 1 along 72.10 with a copy of section 10A.25, subdivision 10. Within seven 72.11 days after the last day for filing for office, the secretary of 72.12 state shall certify to the board the name, address, office 72.13 sought, and party affiliation of each candidate who has filed 72.14 with that office an affidavit of candidacy or petition to appear 72.15 on the ballot. The auditor of each county shall certify to the 72.16 board the same information for each candidate who has filed with 72.17 that county an affidavit of candidacy or petition to appear on 72.18 the ballot. Within seven days afterward, the board shall72.19 estimate the minimum amount to be received by each candidate who72.20 qualifies, as provided in section 10A.31, subdivisions 6 and 7.72.21 By August 15 the board shall notify all candidates of 72.22 their estimated minimum amount. The board shall include with 72.23 the notice a form for the agreement provided in section 10A.322 72.24 along with a copy of section 10A.25, subdivision 10. 72.25 Sec. 42. Minnesota Statutes 1998, section 10A.322, is 72.26 amended to read: 72.27 10A.322 [ PUBLIC SUBSIDYSPENDING LIMIT AGREEMENTS.] 72.28 Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) As a 72.29 condition of receiving a public subsidy, a candidate shall sign 72.30 and file with the board a written agreement in which the 72.31 candidate agrees that the candidate will comply with sections 72.32 10A.25; 10A.27, subdivision 10; and 10A.324. 72.33 (b) Before the first day of filing for office, the board 72.34 shall forward agreement forms to all filing officers. The board 72.35 shall also provide agreement forms to candidates on request at 72.36 any time. The candidate may sign an agreement and submit it to73.1 the filing officer on the day of filing an affidavit of73.2 candidacy or petition to appear on the ballot, in which case the73.3 filing officer shall without delay forward signed agreements to73.4 the board. Alternatively,The candidate may submitshall file 73.5 the agreement directly towith the board at any time beforeby 73.6 September 1 preceding the candidate's general election or a 73.7 special election held at the general election. An agreement may 73.8 not be filed after that date. An agreement once filed may not 73.9 be rescinded. 73.10 (c) The board shall forward a copynotify the commissioner 73.11 of revenue of any agreement signed under this subdivision to the73.12 commissioner of revenue. 73.13 (d) Notwithstanding any provisions of this section73.14 paragraph (b), whenif a vacancy occurs that will be filled by 73.15 means of a special election and the filing period does not 73.16 coincide with the filing period for the general election, a 73.17 candidate may sign and submit a spending limit agreement at any73.18 time before the deadline for submission of a signed agreement73.19 under section 10A.315not later than the day after the candidate 73.20 files the affidavit of candidacy or nominating petition for the 73.21 office. 73.22 Subd. 2. [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 73.23 insofar as it relates to the expenditure limits in section 73.24 10A.25, as adjusted by section 10A.255, and the contribution 73.25 limit in section 10A.27, subdivision 10, remains effective for 73.26 candidates until the dissolution of the principal campaign 73.27 committee of the candidate or the end of the first election 73.28 cycle completed after the agreement was filed, whichever occurs 73.29 first. 73.30 Subd. 3. [ESTIMATE; ACTUAL AMOUNT.] For the purposes of73.31 subdivisions 1 to 3 only, the total amount to be distributed to73.32 each candidate is calculated to be the candidate's share of the73.33 total estimated funds in the candidate's party account as73.34 provided in section 10A.321, subdivision 1, plus the total73.35 amount estimated as provided in section 10A.321, subdivision 1,73.36 to be in the general account of the state elections campaign74.1 fund and set aside for that office divided by the number of74.2 candidates whose names are to appear on the general election74.3 ballot for that office. If for any reason the amount actually74.4 received by the candidate is greater than the candidate's share74.5 of the estimate, and the contributions thereby exceed the74.6 difference, the agreement must not be considered violated.74.7 Subd. 4. [REFUND RECEIPT FORMS; PENALTY.] The board shall 74.8 make available to a political party on request and to any 74.9 candidate for whom an agreement under this section is effective, 74.10 a supply of official refund receipt forms that state in boldface 74.11 type that (1) a contributor who is given a receipt form is 74.12 eligible to claim a refund as provided in section 290.06, 74.13 subdivision 23, and (2) if the contribution is to a candidate, 74.14 that the candidate has signed an agreement to limit campaign 74.15 expenditures as provided in this section. The forms must 74.16 provide duplicate copies of the receipt to be attached to the 74.17 contributor's claim. A candidate who does not sign an agreement 74.18 under this section and who willfully issues an official refund 74.19 receipt form or a facsimile of one to any of the candidate's 74.20 contributors is guilty of a misdemeanor. 74.21 Sec. 43. Minnesota Statutes 1998, section 10A.323, is 74.22 amended to read: 74.23 10A.323 [ MATCHING REQUIREMENTSAFFIDAVIT OF CONTRIBUTIONS.] 74.24 In addition to the requirements of section 10A.322, to be 74.25 eligible to receive a public subsidy under section 10A.31 a 74.26 candidate or the candidate's treasurer shall file an affidavit 74.27 with the board stating that during that calendar year the 74.28 candidate has accumulated contributions from persons eligible to 74.29 vote in this state in at least the amount indicated for the 74.30 office sought, counting only the first $50 received from each 74.31 contributor: 74.32 (1) candidates for governor and lieutenant governor running 74.33 together, $35,000; 74.34 (2) candidates for attorney general, $15,000; 74.35 (3) candidates for secretary of state , state treasurer,and 74.36 state auditor, separately, $6,000; 75.1 (4) candidates for the senate, $3,000; and 75.2 (5) candidates for the house of representatives, $1,500. 75.3 The affidavit must state the total amount of contributions 75.4 that have been received from persons eligible to vote in this 75.5 state and the total amount of those contributions received, 75.6 disregarding the portion of any contribution in excess of $50. 75.7 The candidate or the candidate's treasurer shall submit the 75.8 affidavit required by this section to the board in writing by 75.9 September 1 of the general election year to receive the payment 75.10 based on the results ofmade following the primary election , by75.11 September 15 to receive the payment made October 1, by October 175.12 to receive the payment made October 15,and by November 1 to 75.13 receive the payment made November 15, and by December 1 to75.14 receive the payment made December 15following the general 75.15 election. 75.16 A candidate for a vacancy to be filled at a special 75.17 election for which the filing period does not coincide with the 75.18 filing period for the general election shall submit the 75.19 affidavit required by this section to the board within five days 75.20 after filing the affidavit of candidacy. 75.21 Sec. 44. Minnesota Statutes 1998, section 10A.324, 75.22 subdivision 1, is amended to read: 75.23 Subdivision 1. [WHEN RETURN REQUIRED.] A candidate shall 75.24 return all or a portion of the public subsidy received from the 75.25 state elections campaign fund or the public matchingsubsidy 75.26 received under section 10A.315, under the circumstances in this 75.27 section or section 10A.25, subdivision 11. 75.28 (a) To the extent that the amount of public subsidy75.29 received by the candidate exceeds the expenditure limits for the75.30 office held or sought, as provided in section 10A.25 and as75.31 adjusted by section 10A.255, the treasurer of the candidate's75.32 principal campaign committee shall return the excess to the75.33 board.75.34 (b)To the extent that the amount of public subsidy 75.35 received exceeds the aggregate of: (1) actual expenditures made 75.36 by the principal campaign committee of the candidate; and (2) 76.1 approved expenditures made on behalf of the candidate, the 76.2 treasurer of the candidate's principal campaign committee shall 76.3 return an amount equal to the difference to the board. The cost 76.4 of postage that was not used during an election cycle and 76.5 payments that created credit balances at vendors at the close of 76.6 an election cycle are not considered expenditures for purposes 76.7 of determining the amount to be returned. Expenditures in 76.8 excess of the candidate's spending limit do not count in 76.9 determining aggregate expenditures under this paragraph. 76.10 Sec. 45. Minnesota Statutes 1998, section 10A.324, 76.11 subdivision 3, is amended to read: 76.12 Subd. 3. [HOW RETURN DETERMINED.] Whether or not a 76.13 candidate is required under subdivision 1 to return all or a 76.14 portion of the public subsidy must be determined from the report 76.15 required to be filed with the board by that candidate by January 76.16 31 of the year following an election. For purposes of this76.17 section, a transfer from a principal campaign committee to a76.18 political party is considered to be a noncampaign disbursement.76.19 The cost of postage that was not used during an election cycle76.20 and payments that created credit balances at vendors at the76.21 close of an election cycle are not considered expenditures for76.22 purposes of determining the amount to be returned. AnyAn 76.23 amount required to be returned must be submitted in the form of 76.24 a check or money order and must accompany the report filed with 76.25 the board. The board shall forwarddeposit the check or money 76.26 order toin the state treasurer for deposit intreasury for 76.27 credit to the general fund. The amount returned must not exceed 76.28 the amount of public subsidy received by the candidate. 76.29 Sec. 46. Minnesota Statutes 1998, section 10A.34, is 76.30 amended to read: 76.31 10A.34 [REMEDIES.] 76.32 Subdivision 1. [PERSONAL LIABILITY.] A person charged with 76.33 a duty under sections 10A.02 to 10A.34 shall bethis chapter is 76.34 personally liable for the penalty for failing to discharge it. 76.35 Subd. 1a. [RECOVERING LATE FILINGFEES.] The board may 76.36 bring an action in the district court in Ramsey county to 77.1 recover anya late filing fee imposed pursuant to any provision77.2 ofunder this chapter. AllMoney recovered shallmust be 77.3 deposited in the general fund of the state. 77.4 Subd. 2. [INJUNCTION.] The board or a county attorney may 77.5 seek an injunction in the district court to enforce the77.6 provisions of sections 10A.02 to 10A.34this chapter. 77.7 Subd. 3. [NOT A CRIME.] Unless otherwise provided, a 77.8 violation of sections 10A.02 to 10A.34this chapter is not a 77.9 crime. 77.10 Sec. 47. [10A.35] [COMMERCIAL USE OF INFORMATION 77.11 PROHIBITED.] 77.12 Information copied from reports and statements filed with 77.13 the board may not be sold or used by an individual or 77.14 association for a commercial purpose. Purposes related to 77.15 elections, political activities, or law enforcement are not 77.16 commercial purposes. An individual or association who violates 77.17 this section is subject to a civil penalty of up to $1,000. An 77.18 individual who knowingly violates this section is guilty of a 77.19 misdemeanor. 77.20 Sec. 48. Minnesota Statutes 1998, section 200.02, is 77.21 amended by adding a subdivision to read: 77.22 Subd. 23. [MINOR POLITICAL PARTY.] (a) "Minor political 77.23 party" means a political party that is not a major political 77.24 party as defined by subdivision 7 and that has adopted a state 77.25 constitution, designated a state party chair, and met the 77.26 requirements of paragraph (b) or (c), as applicable. 77.27 (b) To be considered a minor party in all elections 77.28 statewide, the political party must have presented at least one 77.29 candidate for a partisan office voted on statewide at the 77.30 preceding state general election who received votes in each 77.31 county that in the aggregate equal at least one percent of the 77.32 total number of individuals who voted in the election, or its 77.33 members must have presented to the secretary of state a 77.34 nominating petition in a form prescribed by the secretary of 77.35 state containing the signatures of party members in a number 77.36 equal to at least one percent of the total number of individuals 78.1 who voted in the preceding state general election. 78.2 (c) To be considered a minor party in an election in a 78.3 legislative district, the political party must have presented at 78.4 least one candidate for a legislative office in that district 78.5 who received votes from at least ten percent of the total number 78.6 of individuals who voted for that office, or its members must 78.7 have presented to the secretary of state a nominating petition 78.8 in a form prescribed by the secretary of state containing the 78.9 signatures of party members in a number equal to at least ten 78.10 percent of the total number of individuals who voted in the 78.11 preceding state general election for that legislative office. 78.12 Sec. 49. Minnesota Statutes 1998, section 290.06, 78.13 subdivision 23, is amended to read: 78.14 Subd. 23. [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 78.15 AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 78.16 amount of the taxpayer's contributions made in the calendar year 78.17 to candidates and to anya political party. The maximum refund 78.18 for an individual must not exceed $50 and ,for a married couple, 78.19 filing jointly, must not exceed $100. A refund of a 78.20 contribution is allowed only if the taxpayer files a form 78.21 required by the commissioner and attaches to the form a copy of 78.22 an official refund receipt form issued by the candidate or party 78.23 and signed by the candidate, the treasurer of the candidate's 78.24 principal campaign committee, or the party chair, after the 78.25 contribution was received. The receipt forms must be numbered, 78.26 and the data on the receipt that are not public must be made 78.27 available to the campaign finance and public disclosure board 78.28 upon its request. A claim must be filed with the 78.29 commissioner notno sooner than January 1 of the calendar year 78.30 in which the contribution iswas made and no later than April 15 78.31 of the calendar year following the calendar year in which the 78.32 contribution iswas made. A taxpayer may file only one claim 78.33 per calendar year. Amounts paid by the commissioner after June 78.34 15 of the calendar year following the calendar year in which the 78.35 contribution iswas made must include interest at the rate 78.36 specified in section 270.76. 79.1 (b) No refund is allowed under this subdivision for a 79.2 contribution to anya candidate unless the candidate: 79.3 (1) has signed an agreement to limit campaign expenditures 79.4 as provided in section 10A.322 or 10A.43; 79.5 (2) is seeking an office for which voluntary spending 79.6 limits are specified in section 10A.25 or 10A.43; and 79.7 (3) has designated a principal campaign committee. 79.8 This subdivision does not limit the campaign 79.9 expenditureexpenditures of a candidate who does not sign an 79.10 agreement but accepts a contribution for which the contributor 79.11 improperly claims a refund. 79.12 (c) For purposes of this subdivision, "political party" 79.13 means a major political party as defined in section 200.02, 79.14 subdivision 7, or a minor political party qualifying for 79.15 inclusion on the income tax or property tax refund form under 79.16 section 10A.31, subdivision 3a. 79.17 A "major party" or "minor party" includes the aggregate of 79.18 the partythat party's organization within each house of the 79.19 legislature, the state party organization, and the party 79.20 organization within congressional districts, counties, 79.21 legislative districts, municipalities, and precincts. 79.22 "Candidate" means a congressional candidate as defined in79.23 section 10A.41, subdivision 4, ora candidate as defined in 79.24 section 10A.01, subdivision 5, except a candidate for judicial 79.25 office. 79.26 "Contribution" means a gift of money. 79.27 (d) The commissioner shall make copies of the form 79.28 available to the public and candidates upon request. 79.29 (e) The following data collected or maintained by the 79.30 commissioner under this subdivision are private: the identities 79.31 of individuals claiming a refund, the identities of candidates 79.32 to whom those individuals have made contributions, and the 79.33 amount of each contribution. 79.34 (f) The commissioner shall report to the campaign finance 79.35 and public disclosure board by each August 1 of each yeara 79.36 summary showing the total number and aggregate amount of 80.1 political contribution refunds made on behalf of each candidate 80.2 and each political party. These data are public. 80.3 (g) The amount necessary to pay claims for the refund 80.4 provided in this section is appropriated from the general fund 80.5 to the commissioner of revenue. 80.6 Sec. 50. [INSTRUCTION TO REVISOR.] 80.7 Subdivision 1. The revisor of statutes shall renumber the 80.8 definition subdivisions of Minnesota Statutes, section 10A.01, 80.9 in alphabetical order and make necessary cross-reference changes 80.10 consistent with the renumbering. 80.11 Subd. 2. The revisor of statutes shall renumber each 80.12 section or subdivision of Minnesota Statutes listed in column A 80.13 with the number listed in column B. The revisor shall also make 80.14 necessary cross-reference changes consistent with the 80.15 renumbering. 80.16 Column A Column B 80.17 10A.10 10A.025, subd. 2 80.18 10A.22, subd. 6 10A.025, subd. 3 80.19 10A.23 10A.025, subd. 4 80.20 10A.19 10A.105 80.21 10A.25, subd. 11 10A.257, subd. 1 80.22 10A.25, subd. 12 10A.257, subd. 2 80.23 10A.22, subd. 7 10A.27, subd. 13 80.24 10A.065, subd. 1 10A.273, subd. 1 80.25 10A.065, subd. 1a 10A.273, subd. 2 80.26 10A.065, subd. 2 10A.273, subd. 3 80.27 10A.065, subd. 3 10A.273, subd. 4 80.28 10A.065, subd. 4 10A.273, subd. 5 80.29 10A.20, subd. 11 10A.36 80.30 10A.265 10A.37 80.31 Subd. 3. In chapter 10A, the revisor of statutes must 80.32 change "shall" wherever it appears so that the use of words of 80.33 authority in that chapter conforms to the instructions in the 80.34 Minnesota Rules Drafting Manual. In following the manual's 80.35 instructions, the revisor must not use "shall" to impose duties. 80.36 Sec. 51. [REPEALER.] 81.1 Minnesota Statutes 1998, sections 10A.065, subdivision 5; 81.2 10A.22, subdivisions 1, 4, and 5; 10A.255, subdivision 2; 81.3 10A.275, subdivisions 2 and 3; 10A.324, subdivisions 2 and 4; 81.4 10A.325; 10A.335; 10A.40; 10A.41; 10A.42; 10A.43; 10A.44; 81.5 10A.45; 10A.46; 10A.47; 10A.48; 10A.49; 10A.50; and 10A.51, are 81.6 repealed.