SF 2778

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to Hennepin County; eliminating duplicate 
  1.3             campaign finance filings; making other technical 
  1.4             changes to the county campaign finance provisions; 
  1.5             amending Minnesota Statutes 2002, sections 383B.042, 
  1.6             subdivisions 13, 14, 16; 383B.046; 383B.047; 383B.048; 
  1.7             383B.049; 383B.05; 383B.053, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 383B.042, 
  1.10  subdivision 13, is amended to read: 
  1.11     Subd. 13.  "Political committee" means any political party, 
  1.12  association or person other than an individual that seeks as its 
  1.13  major purpose to influence the outcome of any election for a 
  1.14  city ballot issue or for any city office in the city of 
  1.15  Bloomington; for a city or school district ballot issue and for 
  1.16  any city or school district office in the city of Minneapolis, 
  1.17  and in Special School District No. 1, Minneapolis; or for any 
  1.18  countywide ballot issue or county office in Hennepin County. 
  1.19     Sec. 2.  Minnesota Statutes 2002, section 383B.042, 
  1.20  subdivision 14, is amended to read: 
  1.21     Subd. 14.  "Political fund" means any accumulation of dues 
  1.22  or voluntary contributions by an association other than a 
  1.23  political committee, which accumulation is collected or expended 
  1.24  for the purpose of influencing the outcome of any election for a 
  1.25  city ballot issue or for any city office in the city of 
  1.26  Bloomington; for a city or school district ballot issue and for 
  2.1   any city or school district office in the city of Minneapolis, 
  2.2   and in Special School District No. 1, Minneapolis; or for any 
  2.3   countywide ballot issue or county office in Hennepin County. 
  2.4      Sec. 3.  Minnesota Statutes 2002, section 383B.042, 
  2.5   subdivision 16, is amended to read: 
  2.6      Subd. 16.  "Principal campaign committee" means the single 
  2.7   political committee designated by a candidate for election for 
  2.8   any city office in the city of Bloomington; for any city office 
  2.9   in the city of Minneapolis; for any school district office in 
  2.10  Special School District No. 1, Minneapolis; or for any county 
  2.11  office in Hennepin County. 
  2.12     Sec. 4.  Minnesota Statutes 2002, section 383B.046, is 
  2.13  amended to read: 
  2.14     383B.046 [REGISTRATION OF POLITICAL COMMITTEES AND, 
  2.15  POLITICAL FUNDS, AND PRINCIPAL CAMPAIGN COMMITTEES.] 
  2.16     Subdivision 1.  [FILING OFFICE; DEADLINE.] Every political 
  2.17  committee, political fund and principal campaign committee as 
  2.18  defined in section 383B.042, subdivisions 13, 14, and 16, shall 
  2.19  register with the filing officer within 14 days after the date 
  2.20  by which the committee or fund has received contributions or 
  2.21  made expenditures in excess of $100. 
  2.22     Subd. 2.  [STATEMENT REQUIRED.] A political committee or, 
  2.23  political fund, or principal campaign committee registers by 
  2.24  filing a statement of organization that includes: 
  2.25     (a) the name and address of the political committee or, 
  2.26  political fund, or principal campaign committee; 
  2.27     (b) the name and address of the chair, the treasurer, and 
  2.28  any deputy treasurers; 
  2.29     (c) the name and address of the depository used by the 
  2.30  committee or fund; 
  2.31     (d) the name and address of any supporting association of a 
  2.32  political fund; and 
  2.33     (e) a statement as to whether the committee is a principal 
  2.34  campaign committee. 
  2.35     The statement of organization shall be filed by the 
  2.36  treasurer of the political committee, political fund or 
  3.1   principal campaign committee. 
  3.2      Sec. 5.  Minnesota Statutes 2002, section 383B.047, is 
  3.3   amended to read: 
  3.4      383B.047 [ACCOUNTS WHICH MUST BE KEPT.] 
  3.5      Subdivision 1.  [CONTRIBUTIONS; EXPENDITURES; TRANSFERS.] 
  3.6   The treasurer of any political committee, political fund or 
  3.7   principal campaign committee shall keep an account of: 
  3.8      (1) the sum of all contributions, except any donation in 
  3.9   kind valued at $20 or less, made to the political committee or, 
  3.10  political fund, or principal campaign committee; 
  3.11     (2) the name and address of each source of a transfer or 
  3.12  donation in kind in excess of $20, together with the date and 
  3.13  amount; 
  3.14     (3) each expenditure made by or on behalf of the committee 
  3.15  or fund together with the date and amount; and 
  3.16     (4) the name and address of each political committee or, 
  3.17  political fund, or principal campaign committee to which 
  3.18  transfers in excess of $20 have been made, together with the 
  3.19  date and amount. 
  3.20     Subd. 2.  [AUTHORIZATION OF EXPENDITURES; RECEIPTS.] Each 
  3.21  expenditure by a political committee, political fund or 
  3.22  principal campaign committee shall be authorized by the 
  3.23  treasurer.  The treasurer may authorize not more than $20 per 
  3.24  week as petty cash for miscellaneous expenditures.  The 
  3.25  treasurer shall obtain a receipted bill stating the particulars 
  3.26  for every expenditure of more than $100 made by or on behalf of 
  3.27  the political committee or, political fund, and for any 
  3.28  expenditure of a lesser amount if the aggregate amount of lesser 
  3.29  expenditures to the same individual or association during a year 
  3.30  exceeds $100 or principal campaign committee. 
  3.31     Sec. 6.  Minnesota Statutes 2002, section 383B.048, is 
  3.32  amended to read: 
  3.33     383B.048 [CAMPAIGN REPORTS.] 
  3.34     Subdivision 1.  [COMMITTEES REQUIRED TO REPORT; 
  3.35  DEADLINES.] (a) The treasurer of any political committee, 
  3.36  political fund or principal campaign committee required to 
  4.1   register pursuant to section 383B.046 shall also file campaign 
  4.2   reports with the filing officer.  In each year in which the name 
  4.3   of the candidate is on the ballot, the report of the principal 
  4.4   campaign committee shall be filed ten days one week before a 
  4.5   regular primary and a regular election.  Political committees 
  4.6   and political funds other than principal campaign committees 
  4.7   shall file campaign reports ten days one week before a regular 
  4.8   primary or regular election.  
  4.9      (b) The treasurer of a principal campaign committee shall 
  4.10  file additional reports ten days one week before a special 
  4.11  primary or other special election and 30 days after a special 
  4.12  election.  
  4.13     (c) The reports shall cover the period from the last day 
  4.14  after the end of the previous reporting period to seven days one 
  4.15  week before the filing date.  An additional 
  4.16     (d) A campaign report shall be filed by all treasurers on 
  4.17  January 31 of each year covering the period from the last day 
  4.18  after the end of the previous reporting period to December 31 of 
  4.19  the preceding calendar year. 
  4.20     Subd. 2.  [CONTENT OF REPORTS.] Each campaign report 
  4.21  required under this section shall disclose: 
  4.22     (1) the amount of liquid assets on hand at the beginning of 
  4.23  the reporting period; 
  4.24     (2) the name, address and employer, or occupation if 
  4.25  self-employed, of each individual, committee or political fund 
  4.26  that made transfers or donations in kind to the political 
  4.27  committee, political fund, or principal campaign committee in an 
  4.28  aggregate amount or value in excess of $100, together with the 
  4.29  amount and date; 
  4.30     (3) the sum of all contributions made to the political 
  4.31  committee or, political fund, or principal campaign committee; 
  4.32     (4) each loan made or received by the political committee 
  4.33  or, political fund, or principal campaign committee within the 
  4.34  year in aggregate in excess of $100, together with the name, 
  4.35  address, occupation and the principal place of business, if any, 
  4.36  of the lender and any endorser and the date and amount of the 
  5.1   loan.  A loan made to a political committee or, political fund, 
  5.2   or principal campaign committee which is forgiven or is repaid 
  5.3   by an entity other than that political committee or fund shall 
  5.4   be reported as a contribution; 
  5.5      (5) the sum of all receipts, including all contributions 
  5.6   and loans, during the reporting period; 
  5.7      (6) the name and address of each person to whom aggregate 
  5.8   expenditures have been made by or on behalf of the political 
  5.9   committee or, political fund, or principal campaign committee 
  5.10  within the year in excess of $100, the amount, date and purpose 
  5.11  of each expenditure and the ballot question or the name and 
  5.12  address of the candidate supported or opposed by the 
  5.13  expenditure; 
  5.14     (7) the sum of all expenditures made by the political 
  5.15  committee or, political fund, or principal campaign committee; 
  5.16     (8) the amount and nature of any advance of credit incurred 
  5.17  by the political committee or, political fund, or principal 
  5.18  campaign committee continuously reported until paid or 
  5.19  forgiven.  An advance of credit incurred by a political 
  5.20  committee or, political fund, or principal campaign committee 
  5.21  which is forgiven or is paid by an entity other than that 
  5.22  political committee or, political fund, or principal campaign 
  5.23  committee shall be reported as a donation in kind; 
  5.24     (9) the name and address of each political committee or, 
  5.25  political fund, or principal campaign committee to which 
  5.26  aggregate transfers in excess of $100 have been made within the 
  5.27  year, together with the amount and date of each transfer; 
  5.28     (10) the sum of all transfers made to political committees 
  5.29  or, political funds, or principal campaign committees; and 
  5.30     (11) the sum of all disbursements not made to influence the 
  5.31  outcome of an election. 
  5.32     Subd. 3.  [PARTY SAMPLE BALLOTS.] Expenditures by a 
  5.33  political party as defined in section 200.02, subdivision 7, or 
  5.34  a substate unit of such a party, for the preparation, display 
  5.35  and distribution of an official party sample ballot containing 
  5.36  the names of three or more individuals whose names are to appear 
  6.1   on the ballot shall not be considered contributions or 
  6.2   expenditures on behalf of any candidate. 
  6.3      Subd. 4.  [TERMINATION REPORTS.] (a) A political committee 
  6.4   or, political fund, or principal campaign committee created 
  6.5   pursuant to section 383B.046 may dissolve upon filing of a 
  6.6   termination report indicating that the committee or fund has 
  6.7   settled all of its debts and disposed of all assets in excess of 
  6.8   $100.  The termination report shall include all information 
  6.9   required in a periodic campaign report.  
  6.10     (b) Political committees and political funds that were 
  6.11  created for purposes of supporting or opposing candidates or 
  6.12  ballot issues beyond the scope of those identified in section 
  6.13  383B.042, subdivision 5, 13, or 14, may terminate their 
  6.14  registration with Hennepin County.  Termination of a 
  6.15  registration under this provision does not require termination 
  6.16  of the political committee or political fund and does not 
  6.17  require settlement of all debts and disposition of all assets in 
  6.18  excess of $100.  
  6.19     Sec. 7.  Minnesota Statutes 2002, section 383B.049, is 
  6.20  amended to read: 
  6.21     383B.049 [EXPENDITURES BY INDIVIDUALS.] 
  6.22     Subdivision 1.  [REPORTS.] Except as provided in 
  6.23  subdivision 2, any individual who makes expenditures in an 
  6.24  aggregate amount of $100 or more in any year, which expenditures 
  6.25  are not required to be reported by any political committee or, 
  6.26  political fund, or principal campaign committee as contributions 
  6.27  to that political committee or, political fund, or principal 
  6.28  campaign committee, shall file campaign reports in the form 
  6.29  required by section 383B.048 with respect to those expenditures. 
  6.30     Subd. 2.  [EXCEPTION; INDEPENDENT EXPENDITURES.] An 
  6.31  individual shall not be required to report any expenditure which 
  6.32  is made without the cooperation or express or implied consent of 
  6.33  any candidate, political committee or, political fund, or agent 
  6.34  of a candidate or, political committee, or political fund, 
  6.35  unless the expenditure expressly advocates the election or 
  6.36  defeat of a clearly identified candidate or the approval or 
  7.1   rejection of a clearly identified county or city ballot question 
  7.2   at any election. 
  7.3      Sec. 8.  Minnesota Statutes 2002, section 383B.05, is 
  7.4   amended to read: 
  7.5      383B.05 [ADDITIONAL INFORMATION TO BE DISCLOSED.] 
  7.6      Subdivision 1.  [EARMARKED CONTRIBUTIONS.] Any individual, 
  7.7   political committee or, political fund, or principal campaign 
  7.8   committee that receives a contribution from any person or 
  7.9   association in an aggregate in excess of $50 with the express or 
  7.10  implied condition that the contribution or any part of it be 
  7.11  directed to a particular candidate shall disclose to the 
  7.12  ultimate recipient and in any report required by section 
  7.13  383B.048, the original source of the contribution, the fact that 
  7.14  it was earmarked and the candidate to whom it is directed.  The 
  7.15  ultimate recipient of any earmarked contribution shall also 
  7.16  disclose the original source and the individual, political 
  7.17  committee or, political fund, or principal campaign committee 
  7.18  through which it was directed.  Any individual, political 
  7.19  committee or, political fund, or principal campaign committee 
  7.20  that knowingly accepts earmarked funds and fails to make the 
  7.21  disclosure required by this subdivision is guilty of a 
  7.22  misdemeanor. 
  7.23     Subd. 2.  [BILLS WHEN RENDERED AND PAID.] Every person who 
  7.24  has a bill, charge or claim against any political committee or, 
  7.25  political fund, or principal campaign committee for any 
  7.26  expenditure shall render in writing to the treasurer of the 
  7.27  committee or fund the bill, charge or claim within 60 days after 
  7.28  the material or service is provided.  Failure to present the 
  7.29  bill, charge or claim as required by this subdivision is a petty 
  7.30  misdemeanor. 
  7.31     Sec. 9.  Minnesota Statutes 2002, section 383B.053, 
  7.32  subdivision 1, is amended to read: 
  7.33     Subdivision 1.  [OFFICIALS REQUIRED TO FILE; DEADLINES.] 
  7.34  Every candidate for county office, every elected official of 
  7.35  Hennepin County, every candidate for office and every elected 
  7.36  official of a home rule charter city or statutory city located 
  8.1   wholly within Hennepin County and having a population of 75,000 
  8.2   or more, and every candidate for school board and every elected 
  8.3   official in Special School District No. 1, Minneapolis shall 
  8.4   file statements of economic interest as required by this section 
  8.5   with the filing officer.  A candidate shall file an original 
  8.6   statement within 14 days of the filing of an affidavit or 
  8.7   petition to appear on the ballot.  All elected officials of 
  8.8   Hennepin County and of a home rule charter city or statutory 
  8.9   city located wholly in Hennepin County and having a population 
  8.10  of 75,000 or more who are in office on March 19, 1980, shall 
  8.11  file an original statement of economic interest 60 days after 
  8.12  forms for disclosure are provided to the filing officer.  Every 
  8.13  individual required to file a statement shall file a 
  8.14  supplementary statement on April 15 of each year in which the 
  8.15  individual remains a candidate or elected official.  An official 
  8.16  required to file a statement of economic interest under section 
  8.17  10A.09 is not required to comply with this section.