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SF 3157

as introduced - 86th Legislature (2009 - 2010) Posted on 03/09/2010 03:12pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; allowing corporations to make independent expenditures;
amending Minnesota Statutes 2008, sections 10A.12, subdivision 5; 10A.27,
subdivision 13; 211B.01, subdivision 3; 211B.15, subdivisions 2, 3, 17;
proposing coding for new law in Minnesota Statutes, chapter 10A; repealing
Minnesota Statutes 2008, section 72A.12, subdivision 5.

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

Section 1.

Minnesota Statutes 2008, section 10A.12, subdivision 5, is amended to read:


Subd. 5.

Dues or membership fees.

An association may, if not prohibited by other
law, deposit in its political fund money derived from dues or membership fees. Under
section 10A.20, the treasurer of the fund must disclose the name of any member whose
dues, membership fees, and contributions deposited in the political fund together exceed
deleted text begin $100deleted text end new text begin $2,000new text end in a year.

Sec. 2.

new text begin [10A.141] CORPORATE INDEPENDENT EXPENDITURE.
new text end

new text begin A corporation may not make an independent expenditure authorized by section
211B.15, subdivision 3, except through a political fund registered as provided in this
chapter.
new text end

Sec. 3.

Minnesota Statutes 2008, section 10A.27, subdivision 13, is amended to read:


Subd. 13.

Unregistered association limit; statement; penalty.

(a) The treasurer of
a political committee, political fund, principal campaign committee, or party unit must
not accept a contribution of more than $100 from an association not registered under this
chapter unless the contribution is accompanied by a written statement that meets the
disclosure and reporting period requirements imposed by section 10A.20. This statement
must be certified as true and correct by an officer of the contributing association. The
committee, fund, or party unit that accepts the contribution must include a copy of the
statement with the report that discloses the contribution to the board. This subdivision
does not apply when a national political party contributes money to its affiliate in this statenew text begin
or to an association making an expenditure authorized by section 211B.15
new text end .

(b) An unregistered association may provide the written statement required by this
subdivision to no more than three committees, funds, or party units in a calendar year. Each
statement must cover at least the 30 days immediately preceding and including the date on
which the contribution was made. An unregistered association or an officer of it is subject
to a civil penalty imposed by the board of up to $1,000, if the association or its officer:

(1) fails to provide a written statement as required by this subdivision; or

(2) fails to register after giving the written statement required by this subdivision to
more than three committees, funds, or party units in a calendar year.

(c) The treasurer of a political committee, political fund, principal campaign
committee, or party unit who accepts a contribution in excess of $100 from an unregistered
association without the required written disclosure statement is subject to a civil penalty
up to four times the amount in excess of $100.

Sec. 4.

Minnesota Statutes 2008, section 211B.01, subdivision 3, is amended to read:


Subd. 3.

Candidate.

"Candidate" means an individual who seeks nomination
or election to a deleted text begin federal,deleted text end statewide, legislative, judicial, or local office including special
districts, school districts, towns, home rule charter and statutory cities, and countiesdeleted text begin ,
except candidates for president and vice-president of the United States
deleted text end .

Sec. 5.

Minnesota Statutes 2008, section 211B.15, subdivision 2, is amended to read:


Subd. 2.

Prohibited contributions.

A corporation may not make a contribution
or offer or agree to make a contributiondeleted text begin ,deleted text end directly deleted text begin or indirectly,deleted text end of any money, property,
free service of its officers, employees, or members, or thing of monetary value to a
major political party, organization, committee, or individual to promote or defeat the
candidacy of an individual for nomination, election, or appointment to a political office.
For the purpose of this subdivision, "contribution" includes an expenditure to promote or
defeat the election or nomination of a candidate to a political office that is made with the
authorization or expressed or implied consent of, or in cooperation or in concert with, or at
the request or suggestion of, a candidate or committee established to support or oppose a
candidatenew text begin but does not include an independent expenditure authorized by subdivision 3new text end .

Sec. 6.

Minnesota Statutes 2008, section 211B.15, subdivision 3, is amended to read:


Subd. 3.

Independent expenditures.

A corporation may deleted text begin notdeleted text end make an independent
expenditure or offer or agree to make an independent expenditure to promote or defeat the
candidacy of an individual for nomination, election, or appointment to a political office.
For the purpose of this subdivision, "independent expenditure" means an expenditure that
is not made with the authorization or expressed or implied consent of, or in cooperation or
concert with, or at the request or suggestion of, a candidate or new text begin the candidate's new text end committee
deleted text begin established to support or oppose a candidatedeleted text end .

Sec. 7.

Minnesota Statutes 2008, section 211B.15, subdivision 17, is amended to read:


Subd. 17.

deleted text begin Nonprofitdeleted text end Corporation political activity.

It is not a violation of this
section for a deleted text begin nonprofitdeleted text end corporation to provide administrative assistance to one new text begin or more
new text end political deleted text begin committeedeleted text end new text begin committeesnew text end or political deleted text begin fund that isdeleted text end new text begin fundsnew text end associated with the deleted text begin nonprofitdeleted text end
corporation and registered with the Campaign Finance and Public Disclosure Board under
section 10A.14. Such assistance deleted text begin must bedeleted text end new text begin is new text end limited to deleted text begin accounting, clerical or legal services,
bank charges, utilities, office space, and supplies
deleted text end new text begin the amount and type of assistance
allowed for corporations to provide to a political committee under the Federal Elections
Campaign Act
new text end . The records of the political committee or political fund may be kept on
the premises of the nonprofit corporation.

deleted text begin The administrative assistance provided by the nonprofit corporation to the political
committee or political fund is limited annually to the lesser of $5,000 or 7-1/2 percent of
the expenditures of the political committee or political fund.
deleted text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 72A.12, subdivision 5, new text end new text begin is repealed.
new text end