SF 2266

as introduced - 87th Legislature (2011 - 2012) Posted on 03/06/2012 09:33am

A bill for an act
relating to campaign finance; modifying provisions related to certain
contributions to political committees or funds, independent expenditures, and
campaign expenditures; prohibiting contributions by foreign nationals; amending
Minnesota Statutes 2010, sections 10A.01, by adding a subdivision; 10A.20,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 10A.

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

Section 1.

Minnesota Statutes 2010, section 10A.01, is amended by adding a
subdivision to read:

new text begin Subd. 17c. new text end

new text begin General treasury. new text end

new text begin "General treasury" means an account maintained by
an association containing an accumulation of money that results from either:
new text end

new text begin (1) revenues from the operation of a business; or
new text end

new text begin (2) revenue from membership dues or fees, or from money received by the
association. "General treasury funds" refers to money that is held in an association's
general treasury. Money collected by an association to influence the nomination or election
of a candidate or to promote or defeat a ballot question is not general treasury money.
new text end

Sec. 2.

new text begin [10A.151] REQUIREMENTS FOR ASSOCIATION CONTRIBUTIONS;
INDEPENDENT EXPENDITURES; AND EXPENDITURES.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to any association governed by
a body vested with the general management of the internal affairs of the association,
regardless of how designated, other than a principal campaign committee, party unit, or
political committee. A governing body includes, but is not limited to, a board of directors,
executive council, or other similar organizational leadership body.
new text end

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin An association as described in subdivision 1 shall not,
without the prior authorization of the majority of the association's governing body,
disburse funds in excess of $1,000 from its general treasury to make:
new text end

new text begin (1) a contribution to a political committee or political fund;
new text end

new text begin (2) an independent expenditure; or
new text end

new text begin (3) a campaign expenditure.
new text end

new text begin Subd. 3. new text end

new text begin Authorization requirements. new text end

new text begin An authorization required under subdivision
2 for the use of general treasury funds for a contribution to a political committee or
political fund, an independent expenditure, or a campaign expenditure, must provide
the following information:
new text end

new text begin (1) the amount authorized for:
new text end

new text begin (i) a contribution;
new text end

new text begin (ii) an independent expenditure; or
new text end

new text begin (iii) campaign expenditure;
new text end

new text begin (2) the name and address of:
new text end

new text begin (i) each authorized recipient of a contribution;
new text end

new text begin (ii) each candidate to be affected by an authorized independent expenditure with an
indication as to whether the independent expenditure is for or against the candidate; or
new text end

new text begin (iii) a description of each ballot question to be affected by an authorized expenditure
and an indication as to whether the ballot question expenditure is to promote or to defeat
the ballot question.
new text end

new text begin Subd. 4. new text end

new text begin Certification. new text end

new text begin When an association disburses funds for a contribution,
an independent expenditure, or a campaign expenditure authorized by the association's
governing body, an officer of the association must provide a certificate to the treasurer of
the political committee or political fund. The certificate must document, by resolution
or other affirmative action, that the contribution, independent expenditure, or campaign
expenditure was authorized by the association's governing body as required by this
section. The certificate must be provided prior to the date that the recipient's next report
of receipts and expenditures that includes the contribution, independent expenditure, or
campaign expenditure is due. The certificate must be filed by the recipient with its next
report of receipts and expenditures.
new text end

Sec. 3.

new text begin [10A.152] PROHIBITION ON CONTRIBUTIONS BY FOREIGN
NATIONALS.
new text end

new text begin (a) A foreign national shall not make a contribution or offer or agree to make a
contribution to a political committee, political fund, principal campaign committee, or
party unit.
new text end

new text begin (b) As used in this section, foreign national includes the following:
new text end

new text begin (1) a person who is not a citizen of the United States and who is not lawfully
admitted for permanent residence;
new text end

new text begin (2) a foreign principal, including the government of a foreign country, a foreign
political party, a foreign association, including a partnership, a corporation, an
organization, or other combination of persons, that has its primary place of business in
or is organized under the laws of a foreign country; and
new text end

new text begin (3) any corporation in which:
new text end

new text begin (i) a foreign national directly or indirectly owns ten percent or more of the voting
shares;
new text end

new text begin (ii) ten percent or more of the members of the board of directors are foreign nationals;
new text end

new text begin (iii) one or more foreign nationals has the power to direct or influence the activities
of the corporation with respect to its interests in the United States; or
new text end

new text begin (iv) one or more foreign nationals has the power to direct or influence the activities
of the corporation in connection with an election, including the making of a contribution,
an independent expenditure, or a campaign expenditure.
new text end

Sec. 4.

Minnesota Statutes 2010, section 10A.20, is amended by adding a subdivision
to read:

new text begin Subd. 6c. new text end

new text begin Copy of certification. new text end

new text begin A political committee or political fund filing a
report or statement disclosing a contribution under subdivision 3 must file, along with
the report, a copy of the certificate required under section 10A.151, subdivision 4, if
applicable.
new text end