1.1 A bill for an act
1.2 relating to elections; changing certain provisions of
1.3 the campaign finance and public disclosure law;
1.4 amending Minnesota Statutes 2000, sections 10A.01,
1.5 subdivision 35; 10A.02, subdivision 11; 10A.025,
1.6 subdivisions 2, 4; 10A.03, subdivision 3; 10A.04,
1.7 subdivisions 4, 5, 6; 10A.08; 10A.09, subdivision 7;
1.8 10A.11, subdivision 7; 10A.12, subdivision 6; 10A.13,
1.9 subdivision 1; 10A.14, subdivision 4; 10A.15,
1.10 subdivision 4; 10A.16; 10A.17, subdivision 5, by
1.11 adding a subdivision; 10A.18; 10A.20, subdivision 12,
1.12 by adding subdivisions; 10A.25, subdivision 10, by
1.13 adding a subdivision; 10A.255, subdivision 1; 10A.27,
1.14 subdivisions 1, 2, 9, 11, 13; 10A.273, subdivisions 1,
1.15 4, 5; 10A.28, subdivisions 1, 2, 4; 10A.29; 10A.322,
1.16 subdivision 1; 10A.323; 356A.06, subdivision 4;
1.17 Minnesota Statutes 2001 Supplement, section 10A.31,
1.18 subdivision 7.
1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.20 Section 1. Minnesota Statutes 2000, section 10A.01,
1.21 subdivision 35, is amended to read:
1.22 Subd. 35. [PUBLIC OFFICIAL.] "Public official" means any:
1.23 (1) member of the legislature;
1.24 (2) individual employed by the legislature as secretary of
1.25 the senate, legislative auditor, chief clerk of the house,
1.26 revisor of statutes, or researcher, legislative analyst, or
1.27 attorney in the office of senate counsel and research or house
1.28 research;
1.29 (3) constitutional officer in the executive branch and the
1.30 officer's chief administrative deputy;
1.31 (4) solicitor general or deputy, assistant, or special
1.32 assistant attorney general;
2.1 (5) commissioner, deputy commissioner, or assistant
2.2 commissioner of any state department or agency as listed in
2.3 section 15.01 or 15.06;
2.4 (6) member, chief administrative officer, or deputy chief
2.5 administrative officer of a state board or commission that has
2.6 either the power to adopt, amend, or repeal rules under chapter
2.7 14, or the power to adjudicate contested cases or appeals under
2.8 chapter 14;
2.9 (7) individual employed in the executive branch who is
2.10 authorized to adopt, amend, or repeal rules under chapter 14 or
2.11 adjudicate contested cases under chapter 14;
2.12 (8) executive director of the state board of investment;
2.13 (9) deputy of any official listed in clauses (7) and (8);
2.14 (10) judge of the workers' compensation court of appeals;
2.15 (11) administrative law judge or compensation judge in the
2.16 state office of administrative hearings or referee in the
2.17 department of economic security;
2.18 (12) member, regional administrator, division director,
2.19 general counsel, or operations manager of the metropolitan
2.20 council;
2.21 (13) member or chief administrator of a metropolitan
2.22 agency;
2.23 (14) director of the division of alcohol and gambling
2.24 enforcement in the department of public safety;
2.25 (15) member or executive director of the higher education
2.26 facilities authority;
2.27 (16) member of the board of directors or president of
2.28 Minnesota Technology, Inc.; or
2.29 (17) member of the board of directors or executive director
2.30 of the Minnesota state high school league.
2.31 Sec. 2. Minnesota Statutes 2000, section 10A.02,
2.32 subdivision 11, is amended to read:
2.33 Subd. 11. [VIOLATIONS; ENFORCEMENT.] (a) The board may
2.34 investigate any alleged violation of this chapter. The board
2.35 must investigate any violation that is alleged in a written
2.36 complaint filed with the board and must within 30 days after the
3.1 filing of the complaint make a public finding of whether there
3.2 is probable cause to believe a violation has occurred, except
3.3 that if the complaint alleges a violation of section 10A.25 or
3.4 10A.27, the board must either enter a conciliation agreement or
3.5 make a public finding of whether there is probable cause, within
3.6 60 days after the filing of the complaint. The deadline for
3.7 action on a written complaint may be extended by majority vote
3.8 of the board.
3.9 (b) Within a reasonable time after beginning an
3.10 investigation of an individual or association, the board must
3.11 notify the individual or association of the fact of the
3.12 investigation. The board must not make a finding of whether
3.13 there is probable cause to believe a violation has occurred
3.14 without notifying the individual or association of the nature of
3.15 the allegations and affording an opportunity to answer those
3.16 allegations.
3.17 (c) A hearing or action of the board concerning a complaint
3.18 or investigation other than a finding concerning probable cause
3.19 or a conciliation agreement is confidential. Until the board
3.20 makes a public finding concerning probable cause or enters a
3.21 conciliation agreement:
3.22 (1) a member, employee, or agent of the board must not
3.23 disclose to an individual information obtained by that member,
3.24 employee, or agent concerning a complaint or investigation
3.25 except as required to carry out the investigation or take action
3.26 in the matter as authorized by this chapter; and
3.27 (2) an individual who discloses information contrary to
3.28 this subdivision is guilty of a misdemeanor subject to a civil
3.29 penalty imposed by the board of up to $1,000.
3.30 (d) Except as provided in section 10A.28, after the board
3.31 makes a public finding of probable cause the board must report
3.32 that finding to the appropriate law enforcement authorities.
3.33 Sec. 3. Minnesota Statutes 2000, section 10A.025,
3.34 subdivision 2, is amended to read:
3.35 Subd. 2. [PENALTY FOR FALSE STATEMENTS.] A report or
3.36 statement required to be filed under this chapter must be signed
4.1 and certified as true by the individual required to file the
4.2 report. An individual who signs and certifies to be true a
4.3 report or statement knowing it contains false information or who
4.4 knowingly omits required information is guilty of a gross
4.5 misdemeanor and subject to a civil penalty imposed by the board
4.6 of up to $3,000.
4.7 Sec. 4. Minnesota Statutes 2000, section 10A.025,
4.8 subdivision 4, is amended to read:
4.9 Subd. 4. [CHANGES AND CORRECTIONS.] Material changes in
4.10 information previously submitted and corrections to a report or
4.11 statement must be reported in writing to the board within ten
4.12 days following the date of the event prompting the change or the
4.13 date upon which the person filing became aware of the
4.14 inaccuracy. The change or correction must identify the form and
4.15 the paragraph containing the information to be changed or
4.16 corrected.
4.17 A person who willfully fails to report a material change or
4.18 correction is guilty of a gross misdemeanor and is subject to a
4.19 civil penalty imposed by the board of up to $3,000.
4.20 The board must send a notice by certified mail to any
4.21 individual who fails to file a report required by this
4.22 subdivision. If the individual fails to file the required
4.23 report within ten business days after the notice was sent, the
4.24 board may impose a late filing fee of $5 per day up to $100
4.25 starting on the 11th day after the notice was sent. The board
4.26 must send an additional notice by certified mail to an
4.27 individual who fails to file a report within 14 days after the
4.28 first notice was sent by the board that the individual may be
4.29 subject to a civil penalty for failure to file a report. An
4.30 individual who fails to file a report required by this
4.31 subdivision within seven days after the second notice was sent
4.32 by the board is subject to a civil penalty imposed by the board
4.33 of up to $1,000.
4.34 Sec. 5. Minnesota Statutes 2000, section 10A.03,
4.35 subdivision 3, is amended to read:
4.36 Subd. 3. [FAILURE TO FILE.] The board must notify send a
5.1 notice by certified mail or personal service to any lobbyist who
5.2 fails to file a registration form within five days after
5.3 becoming a lobbyist. If a lobbyist fails to file a form
5.4 within seven ten business days after receiving this the notice
5.5 was sent, the board may impose a late filing fee of $5 per day,
5.6 not to exceed $100, commencing with starting on the eighth 11th
5.7 day after receiving the notice was sent. The board must further
5.8 notify send an additional notice by certified mail or personal
5.9 service any to a lobbyist who fails to file a form within 21 14
5.10 days of receiving a after the first notice was sent by the board
5.11 that the lobbyist may be subject to a criminal civil penalty for
5.12 failure to file the form. A lobbyist who knowingly fails to
5.13 file a form within seven days after receiving a the second
5.14 notice from was sent by the board is guilty of a misdemeanor
5.15 subject to a civil penalty imposed by the board of up to $1,000.
5.16 Sec. 6. Minnesota Statutes 2000, section 10A.04,
5.17 subdivision 4, is amended to read:
5.18 Subd. 4. [CONTENT.] (a) A report under this section must
5.19 include information the board requires from the registration
5.20 form and the information required by this subdivision for the
5.21 reporting period.
5.22 (b) A lobbyist must report the lobbyist's total
5.23 disbursements on lobbying, separately listing lobbying to
5.24 influence legislative action, lobbying to influence
5.25 administrative action, and lobbying to influence the official
5.26 actions of a metropolitan governmental unit, and a breakdown of
5.27 disbursements for each of those kinds of lobbying into
5.28 categories specified by the board, including but not limited to
5.29 the cost of publication and distribution of each publication
5.30 used in lobbying; other printing; media, including the cost of
5.31 production; postage; travel; fees, including allowances;
5.32 entertainment; telephone and telegraph; and other expenses.
5.33 (c) A lobbyist must report the amount and nature of each
5.34 gift, item, or benefit, excluding contributions to a candidate,
5.35 equal in value to $5 or more, given or paid to any official, as
5.36 defined in section 10A.071, subdivision 1, by the lobbyist or an
6.1 employer or employee of the lobbyist. The list must include the
6.2 name and address of each official to whom the gift, item, or
6.3 benefit was given or paid and the date it was given or paid.
6.4 (d) Each A lobbyist must report each original source of
6.5 money in excess of $500 in any year used for the purpose of
6.6 lobbying to influence legislative action, administrative action,
6.7 or the official action of a metropolitan governmental unit. The
6.8 list must include the name, address, and employer, or, if
6.9 self-employed, the occupation and principal place of business,
6.10 of each payer of money in excess of $500.
6.11 (e) On the report due April 15, the lobbyist must provide a
6.12 general description of the subjects lobbied in the previous 12
6.13 months.
6.14 Sec. 7. Minnesota Statutes 2000, section 10A.04,
6.15 subdivision 5, is amended to read:
6.16 Subd. 5. [LATE FILING.] The board must notify send a
6.17 notice by certified mail or personal service to any lobbyist or
6.18 principal who fails after seven days after a filing date imposed
6.19 by this section to file a report or statement required by this
6.20 section. If a lobbyist or principal fails to file a report
6.21 within seven ten business days after receiving this the notice
6.22 was sent, the board may impose a late filing fee of $5 per day,
6.23 not to exceed $100, commencing with the eighth 11th day
6.24 after receiving the notice was sent. The board must further
6.25 notify send an additional notice by certified mail or personal
6.26 service to any lobbyist or principal who fails to file a report
6.27 within 21 14 days after receiving a the first notice was sent
6.28 by the board that the lobbyist or principal may be subject to a
6.29 criminal civil penalty for failure to file the report. A
6.30 lobbyist or principal who knowingly fails to file such a report
6.31 or statement within seven days after receiving a the second
6.32 notice from was sent by the board is guilty of a
6.33 misdemeanor subject to a civil penalty imposed by the board of
6.34 up to $1,000.
6.35 Sec. 8. Minnesota Statutes 2000, section 10A.04,
6.36 subdivision 6, is amended to read:
7.1 Subd. 6. [PRINCIPAL REPORTS.] (a) A principal must report
7.2 to the board as required in this subdivision by March 15 for the
7.3 preceding calendar year.
7.4 (b) The principal must report which of the following
7.5 categories includes the total amount, rounded to the nearest
7.6 dollar $20,000, spent by the principal during the preceding
7.7 calendar year to influence legislative action, administrative
7.8 action, and the official action of metropolitan governmental
7.9 units:.
7.10 (1) $501 to $50,000;
7.11 (2) $50,001 to $150,000; or
7.12 (3) $150,001 to $250,000.
7.13 (c) Beyond $250,000, each additional $250,000 constitutes
7.14 an additional category, and each principal must report which of
7.15 the categories includes the total amount spent by the principal
7.16 for the purposes provided in this subdivision.
7.17 (d) The principal must report under this subdivision a
7.18 total amount that includes:
7.19 (1) all direct payments by the principal to lobbyists in
7.20 this state;
7.21 (2) all expenditures for advertising, mailing, research,
7.22 analysis, compilation and dissemination of information, and
7.23 public relations campaigns related to legislative action,
7.24 administrative action, or the official action of metropolitan
7.25 governmental units in this state; and
7.26 (3) all salaries and administrative expenses attributable
7.27 to activities of the principal relating to efforts to influence
7.28 legislative action, administrative action, or the official
7.29 action of metropolitan governmental units in this state.
7.30 Sec. 9. Minnesota Statutes 2000, section 10A.08, is
7.31 amended to read:
7.32 10A.08 [REPRESENTATION DISCLOSURE.]
7.33 A public official who represents a client for a fee before
7.34 an individual, board, commission, or agency that has rulemaking
7.35 authority in a hearing conducted under chapter 14, must disclose
7.36 the official's participation in the action to the board within
8.1 14 days after the appearance. The board must notify send a
8.2 notice by certified mail or personal service to any public
8.3 official who fails to disclose the participation within 14 days
8.4 after the appearance. If the public official fails to disclose
8.5 the participation within seven ten business days of this after
8.6 the notice was sent, the board may impose a late filing fee of
8.7 $5 per day, not to exceed $100, commencing starting on the
8.8 eighth 11th day after receiving the notice was sent.
8.9 Sec. 10. Minnesota Statutes 2000, section 10A.09,
8.10 subdivision 7, is amended to read:
8.11 Subd. 7. [LATE FILING.] The board must notify send a
8.12 notice by certified mail or personal service to any individual
8.13 who fails within the prescribed time to file a statement of
8.14 economic interest required by this section. If an individual
8.15 fails to file a statement within seven ten business days after
8.16 receiving this the notice was sent, the board may impose a late
8.17 filing fee of $5 per day, not to exceed $100, commencing on
8.18 the eighth 11th day after receiving the notice was sent. The
8.19 board must further notify send an additional notice by certified
8.20 mail or personal service to any individual who fails to file a
8.21 statement within 21 14 days after receiving a the first notice
8.22 was sent by the board that the individual may be subject to a
8.23 criminal civil penalty for failure to file a statement. An
8.24 individual who fails to file a statement within seven days after
8.25 a the second notice was sent by the board is guilty of a
8.26 misdemeanor subject to a civil penalty imposed by the board up
8.27 to $1,000.
8.28 Sec. 11. Minnesota Statutes 2000, section 10A.11,
8.29 subdivision 7, is amended to read:
8.30 Subd. 7. [PENALTY.] A person who knowingly violates this
8.31 section is guilty of a misdemeanor subject to a civil penalty
8.32 imposed by the board of up to $1,000.
8.33 Sec. 12. Minnesota Statutes 2000, section 10A.12,
8.34 subdivision 6, is amended to read:
8.35 Subd. 6. [PENALTY.] A person who knowingly violates this
8.36 section is guilty of a misdemeanor subject to a civil penalty
9.1 imposed by the board of up to $1,000.
9.2 Sec. 13. Minnesota Statutes 2000, section 10A.13,
9.3 subdivision 1, is amended to read:
9.4 Subdivision 1. [ACCOUNTS; PENALTY.] The treasurer of a
9.5 political committee, political fund, principal campaign
9.6 committee, or party unit must keep an account of:
9.7 (1) the sum of all contributions, except any donation in
9.8 kind valued at $20 or less, made to the committee, fund, or
9.9 party unit;
9.10 (2) the name and address of each source of a contribution
9.11 made to the committee, fund, or party unit in excess of $20,
9.12 together with the date and amount of each;
9.13 (3) each expenditure made by the committee, fund, or party
9.14 unit, together with the date and amount;
9.15 (4) each approved expenditure made on behalf of the
9.16 committee, fund, or party unit, together with the date and
9.17 amount; and
9.18 (5) the name and address of each political committee,
9.19 political fund, principal campaign committee, or party unit to
9.20 which contributions in excess of $20 have been made, together
9.21 with the date and amount.
9.22 Any individual who knowingly violates this subdivision is
9.23 guilty of a misdemeanor subject to a civil penalty imposed by
9.24 the board of up to $1,000.
9.25 Sec. 14. Minnesota Statutes 2000, section 10A.14,
9.26 subdivision 4, is amended to read:
9.27 Subd. 4. [FAILURE TO FILE; PENALTY.] The board must notify
9.28 send a notice by certified mail or personal service to any
9.29 individual who fails to file a statement required by this
9.30 section. If an the individual fails to file a statement
9.31 within seven ten business days after receiving a the
9.32 notice was sent, the board may impose a late filing fee of $5
9.33 per day, not to exceed $100, commencing with the eighth 11th day
9.34 after receiving the notice was sent.
9.35 The board must further notify send an additional notice by
9.36 certified mail or personal service to any individual who fails
10.1 to file a statement within 21 14 days after receiving a the
10.2 first notice was sent by the board that such the individual may
10.3 be subject to a criminal civil penalty for failure to file the
10.4 report. An individual who knowingly fails to file the statement
10.5 within seven days after receiving a the second notice from was
10.6 sent by the board is guilty of a misdemeanor subject to a civil
10.7 penalty imposed by the board of up to $1,000.
10.8 Sec. 15. Minnesota Statutes 2000, section 10A.15,
10.9 subdivision 4, is amended to read:
10.10 Subd. 4. [PENALTY.] An individual violating this section
10.11 is guilty of a misdemeanor subject to a civil penalty imposed by
10.12 the board of up to $1,000.
10.13 Sec. 16. Minnesota Statutes 2000, section 10A.16, is
10.14 amended to read:
10.15 10A.16 [EARMARKING CONTRIBUTIONS PROHIBITED.]
10.16 An individual, political committee, political fund,
10.17 principal campaign committee, or party unit may not solicit or
10.18 accept a contribution from any source with the express or
10.19 implied condition that the contribution or any part of it be
10.20 directed to a particular candidate other than the initial
10.21 recipient. An individual, political committee, political fund,
10.22 principal campaign committee, or party unit that knowingly
10.23 accepts any earmarked contribution is guilty of a gross
10.24 misdemeanor and subject to a civil penalty imposed by the board
10.25 of up to $3,000.
10.26 Sec. 17. Minnesota Statutes 2000, section 10A.17, is
10.27 amended by adding a subdivision to read:
10.28 Subd. 3a. [PERSONAL LOANS.] A principal campaign
10.29 committee, political committee, political fund, or party unit
10.30 may not lend money it has raised to anyone for purposes not
10.31 related to the conduct of a campaign.
10.32 Sec. 18. Minnesota Statutes 2000, section 10A.17,
10.33 subdivision 5, is amended to read:
10.34 Subd. 5. [PENALTY.] A person who knowingly violates
10.35 subdivision 2 is guilty of a misdemeanor subject to a civil
10.36 penalty imposed by the board of up to $1,000. A person who
11.1 knowingly violates subdivision 3a or 4 or falsely claims that an
11.2 expenditure was an independent expenditure is guilty of a gross
11.3 misdemeanor and subject to a civil penalty imposed by the board
11.4 of up to $3,000.
11.5 Sec. 19. Minnesota Statutes 2000, section 10A.18, is
11.6 amended to read:
11.7 10A.18 [TIME FOR RENDERING BILLS, CHARGES, OR CLAIMS;
11.8 PENALTY.]
11.9 A person who has a bill, charge, or claim against a
11.10 political committee, political fund, principal campaign
11.11 committee, or party unit for an expenditure must render in
11.12 writing to the treasurer of the committee, fund, or party unit
11.13 the bill, charge, or claim within 60 days after the material or
11.14 service is provided. Violation of A person who violates this
11.15 section is a misdemeanor subject to a civil penalty imposed by
11.16 the board of up to $1,000.
11.17 Sec. 20. Minnesota Statutes 2000, section 10A.20, is
11.18 amended by adding a subdivision to read:
11.19 Subd. 1a. [IF TREASURER POSITION IS VACANT.] If the
11.20 position of treasurer of a principal campaign committee,
11.21 political committee, political fund, or party unit is vacant,
11.22 the candidate, chair of a political committee or party unit, or
11.23 association officer of a political fund is responsible for
11.24 filing reports required by this section.
11.25 Sec. 21. Minnesota Statutes 2000, section 10A.20,
11.26 subdivision 12, is amended to read:
11.27 Subd. 12. [FAILURE TO FILE; PENALTY.] The board must
11.28 notify send a notice by certified mail or personal service an to
11.29 any individual who fails to file a statement required by this
11.30 section. If an individual fails to file a statement due January
11.31 31 within seven ten business days after receiving a the notice
11.32 was sent, the board may impose a late filing fee of $5 per day,
11.33 not to exceed $100, commencing on with the eighth 11th day after
11.34 receiving the notice was sent.
11.35 If an individual fails to file a statement due before a
11.36 primary or election within three days after the date due,
12.1 regardless of whether the individual has received any notice,
12.2 the board may impose a late filing fee of $50 per day, not to
12.3 exceed $500, commencing on the fourth day after the date the
12.4 statement was due.
12.5 The board must further notify send an additional notice by
12.6 certified mail or personal service to an individual who fails to
12.7 file a statement within 14 days after receiving a the first
12.8 notice from was sent by the board that the individual may be
12.9 subject to a criminal civil penalty for failure to file a
12.10 statement. An individual who knowingly fails to file the
12.11 statement within seven days after receiving a the second notice
12.12 from was sent by the board is guilty of a misdemeanor subject to
12.13 a civil penalty imposed by the board of up to $1,000.
12.14 Sec. 22. Minnesota Statutes 2000, section 10A.20, is
12.15 amended by adding a subdivision to read:
12.16 Subd. 15. [EQUITABLE RELIEF.] A candidate whose opponent
12.17 does not timely file the report due 15 days before the primary,
12.18 the report due ten days before the general election, or the
12.19 notice required under section 10A.25, subdivision 10, may
12.20 petition the district court for immediate equitable relief to
12.21 enforce the filing requirement. A prevailing party under this
12.22 subdivision may be awarded attorney fees and costs by the court.
12.23 Sec. 23. Minnesota Statutes 2000, section 10A.25, is
12.24 amended by adding a subdivision to read:
12.25 Subd. 3a. [INDEPENDENT EXPENDITURES.] The principal
12.26 campaign committee of a candidate must not make independent
12.27 expenditures.
12.28 Sec. 24. Minnesota Statutes 2000, section 10A.25,
12.29 subdivision 10, is amended to read:
12.30 Subd. 10. [EFFECT OF OPPONENT'S CONDUCT.] (a) After the
12.31 deadline for filing a spending limit agreement under section
12.32 10A.322, a candidate who has agreed to be bound by the
12.33 expenditure limits imposed by this section as a condition of
12.34 receiving a public subsidy for the candidate's campaign is may
12.35 choose to be released from the expenditure limits but remains
12.36 remain eligible to receive a public subsidy if the candidate has
13.1 an opponent who does has not agree agreed to be bound by the
13.2 limits and receives has received contributions or makes made or
13.3 becomes become obligated to make expenditures during that
13.4 election cycle in excess of the following limits:
13.5 (1) up to ten days the close of the reporting period before
13.6 the primary election, receipts or expenditures equal to 20
13.7 percent of the expenditure limit for that office as set forth in
13.8 subdivision 2; or
13.9 (2) after ten days the close of the reporting period before
13.10 the primary election, cumulative receipts or expenditures during
13.11 that election cycle equal to 50 percent of the expenditure limit
13.12 for that office as set forth in subdivision 2.
13.13 Before the primary election, a candidate's "opponents" are
13.14 only those who will appear on the ballot of the same party in
13.15 the primary election.
13.16 (b) A candidate who has not agreed to be bound by
13.17 expenditure limits, or the candidate's principal campaign
13.18 committee, must file written notice with the board and provide
13.19 written notice to any opponent of the candidate for the same
13.20 office within 24 hours of exceeding the limits in paragraph (a),
13.21 clause (2). The notice must state only that the candidate or
13.22 candidate's principal campaign committee has received
13.23 contributions or made or become obligated to make campaign
13.24 expenditures in excess of the limits in paragraph (a), clause
13.25 (2).
13.26 (c) Upon receipt of the notice, the a candidate who had
13.27 agreed to be bound by the limits is may file with the board a
13.28 notice that the candidate chooses to be no longer bound by the
13.29 expenditure limits. A notice of a candidate's choice not to be
13.30 bound by the expenditure limits that is based on the conduct of
13.31 an opponent in the state primary election may not be filed more
13.32 than one day after the state canvassing board has declared the
13.33 results of the state primary.
13.34 (d) A candidate who has agreed to be bound by the
13.35 expenditure limits imposed by this section and whose opponent in
13.36 the general election has chosen, as provided in paragraph (c),
14.1 not to be bound by the expenditure limits because of the conduct
14.2 of an opponent in the primary election is no longer bound by the
14.3 limits but remains eligible to receive a public subsidy.
14.4 Sec. 25. Minnesota Statutes 2000, section 10A.255,
14.5 subdivision 1, is amended to read:
14.6 Subdivision 1. [METHOD OF CALCULATION.] The dollar amounts
14.7 in section 10A.25, subdivision 2, must be adjusted for general
14.8 election years as provided in this section. Each general
14.9 election year, the executive director of the board must
14.10 determine the percentage increase in the consumer price index
14.11 from December of the year preceding the last general election
14.12 year to December of the year preceding the year in which the
14.13 determination is made. The dollar amounts used for the
14.14 preceding general election year must be multiplied by that
14.15 percentage. The product of the calculation must be added to
14.16 each dollar amount to produce the dollar limitations to be in
14.17 effect for the next general election. The product must be
14.18 rounded up to the next highest $10 $100 increment. The index
14.19 used must be the revised consumer price index for all urban
14.20 consumers for the St. Paul-Minneapolis metropolitan area
14.21 prepared by the United States Department of Labor.
14.22 Sec. 26. Minnesota Statutes 2000, section 10A.27,
14.23 subdivision 1, is amended to read:
14.24 Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as
14.25 provided in subdivision 2, a candidate must not permit the
14.26 candidate's principal campaign committee to accept aggregate
14.27 contributions made or delivered by any individual, political
14.28 committee, or political fund in excess of the following:
14.29 (1) to candidates for governor and lieutenant governor
14.30 running together, $2,000 in an election year for the office
14.31 sought and $500 in other years;
14.32 (2) to a candidate for attorney general, $1,000 in an
14.33 election year for the office sought and $200 in other years;
14.34 (3) to a candidate for the office of secretary of state or
14.35 state auditor, $500 in an election year for the office sought
14.36 and $100 in other years;
15.1 (4) to a candidate for state senator, $500 in an election
15.2 year for the office sought and $100 in other years; and
15.3 (5) to a candidate for state representative, $500 in an
15.4 election year for the office sought and $100 in the other year.
15.5 (b) The following deliveries are not subject to the
15.6 bundling limitation in this subdivision:
15.7 (1) delivery of contributions collected by a member of the
15.8 candidate's principal campaign committee, such as a block worker
15.9 or a volunteer who hosts a fund raising event, to the
15.10 committee's treasurer; and
15.11 (2) a delivery made by an individual on behalf of the
15.12 individual's spouse.
15.13 (c) A political committee or political fund must not make a
15.14 contribution a candidate is prohibited from accepting.
15.15 Sec. 27. Minnesota Statutes 2000, section 10A.27,
15.16 subdivision 2, is amended to read:
15.17 Subd. 2. [POLITICAL PARTY AND DISSOLVING PRINCIPAL
15.18 CAMPAIGN COMMITTEE LIMIT.] A candidate must not permit the
15.19 candidate's principal campaign committee to accept contributions
15.20 from any political party units or dissolving principal campaign
15.21 committees in aggregate in excess of ten times the amount that
15.22 may be contributed to that candidate as set forth in subdivision
15.23 1. The limitation in this subdivision does not apply to a
15.24 contribution from a dissolving principal campaign committee of a
15.25 candidate for the legislature to another principal campaign
15.26 committee of the same candidate.
15.27 Sec. 28. Minnesota Statutes 2000, section 10A.27,
15.28 subdivision 9, is amended to read:
15.29 Subd. 9. [CONTRIBUTIONS TO AND FROM OTHER CANDIDATES.] (a)
15.30 A candidate or the treasurer of a candidate's principal campaign
15.31 committee must not accept a contribution from another
15.32 candidate's principal campaign committee or from any other
15.33 committee bearing the contributing candidate's name or title or
15.34 otherwise authorized by the contributing candidate, unless the
15.35 contributing candidate's principal campaign committee is being
15.36 dissolved. A candidate's principal campaign committee must not
16.1 make a contribution to another candidate's principal campaign
16.2 committee, except when the contributing committee is being
16.3 dissolved.
16.4 (b) A principal campaign committee that makes a
16.5 contribution to another principal campaign committee must
16.6 provide with the contribution a written statement of the
16.7 committee's intent to dissolve and terminate its registration
16.8 within 12 months after the contribution was made. If the
16.9 committee fails to dissolve and terminate its registration by
16.10 that time, the board may levy a civil penalty up to four times
16.11 the size of the contribution against the contributing
16.12 committee. A contribution from a terminating principal campaign
16.13 committee that is not accepted by another principal campaign
16.14 committee must be forwarded to the board for deposit in the
16.15 general account of the state elections campaign fund.
16.16 (c) A candidate's principal campaign committee must not
16.17 accept a contribution from, or make a contribution to, a
16.18 committee associated with a person who seeks nomination or
16.19 election to the office of President, Senator, or Representative
16.20 in Congress of the United States.
16.21 (c) (d) A candidate or the treasurer of a candidate's
16.22 principal campaign committee must not accept a contribution from
16.23 a candidate for political subdivision office in any state,
16.24 unless the contribution is from the personal funds of the
16.25 candidate for political subdivision office. A candidate or the
16.26 treasurer of a candidate's principal campaign committee must not
16.27 make a contribution from the principal campaign committee to a
16.28 candidate for political subdivision office in any state.
16.29 Sec. 29. Minnesota Statutes 2000, section 10A.27,
16.30 subdivision 11, is amended to read:
16.31 Subd. 11. [CONTRIBUTIONS FROM CERTAIN TYPES OF
16.32 CONTRIBUTORS.] A candidate must not permit the candidate's
16.33 principal campaign committee to accept a contribution from a
16.34 political committee, political fund, lobbyist, or large
16.35 contributor, if the contribution will cause the aggregate
16.36 contributions from those types of contributors to exceed an
17.1 amount equal to 20 percent of the expenditure limits for the
17.2 office sought by the candidate, provided that the 20 percent
17.3 limit must be rounded to the nearest $100. For purposes of this
17.4 subdivision, "large contributor" means an individual, other than
17.5 the candidate, who contributes an amount that is more than $100
17.6 and more than one-half the amount an individual may contribute.
17.7 Sec. 30. Minnesota Statutes 2000, section 10A.27,
17.8 subdivision 13, is amended to read:
17.9 Subd. 13. [UNREGISTERED ASSOCIATION LIMIT; STATEMENT;
17.10 PENALTY.] (a) The treasurer of a political committee, political
17.11 fund, principal campaign committee, or party unit must not
17.12 accept a contribution of more than $100 from an association not
17.13 registered under this chapter unless the contribution is
17.14 accompanied by a written statement that meets the disclosure and
17.15 reporting period requirements imposed by section 10A.20. This
17.16 statement must be certified as true and correct by an officer of
17.17 the contributing association. The committee, fund, or party
17.18 unit that accepts the contribution must include a copy of the
17.19 statement with the report that discloses the contribution to the
17.20 board. This subdivision does not apply when a national
17.21 political party contributes money to its affiliate in this state.
17.22 (b) An unregistered association may provide the written
17.23 statement required by this subdivision to no more than three
17.24 committees, funds, or party units in a calendar year. Each
17.25 statement must cover at least the 30 days immediately preceding
17.26 and including the date on which the contribution was made. An
17.27 unregistered association or an officer of it is subject to a
17.28 civil penalty up to $1,000 imposed by the board of up to $1,000,
17.29 if the association or its officer:
17.30 (1) fails to provide a written statement as required by
17.31 this subdivision; or
17.32 (2) fails to register after giving the written statement
17.33 required by this subdivision to more than three committees,
17.34 funds, or party units in a calendar year.
17.35 An officer of an association who violates this paragraph is
17.36 guilty of a misdemeanor.
18.1 (c) The treasurer of a political committee, political fund,
18.2 principal campaign committee, or party unit who accepts a
18.3 contribution in excess of $100 from an unregistered association
18.4 without the required written disclosure statement is subject to
18.5 a civil penalty up to four times the amount in excess of $100.
18.6 Sec. 31. Minnesota Statutes 2000, section 10A.273,
18.7 subdivision 1, is amended to read:
18.8 Subdivision 1. [CONTRIBUTIONS DURING LEGISLATIVE
18.9 SESSION.] (a) A candidate for the legislature or for
18.10 constitutional office, the candidate's principal campaign
18.11 committee, or a political committee or party unit established by
18.12 all or a part of the party organization within a house of the
18.13 legislature, must not solicit or accept a contribution from a
18.14 registered lobbyist, political committee, or political fund, or
18.15 dissolving principal campaign committee, or from a party unit
18.16 established by the party organization within a house of the
18.17 legislature, during a regular session of the legislature.
18.18 (b) A registered lobbyist, political committee, political
18.19 fund, or dissolving principal campaign committee, or a party
18.20 unit established by the party organization within a house of the
18.21 legislature, must not make a contribution to a candidate for the
18.22 legislature or for constitutional office, the candidate's
18.23 principal campaign committee, or a political committee or party
18.24 unit established by all or a part of the party organization
18.25 within a house of the legislature during a regular session of
18.26 the legislature.
18.27 Sec. 32. Minnesota Statutes 2000, section 10A.273,
18.28 subdivision 4, is amended to read:
18.29 Subd. 4. [CIVIL PENALTY.] A candidate, political
18.30 committee, or party unit, political fund, principal campaign
18.31 committee, or registered lobbyist that violates this section is
18.32 subject to a civil fine of up to $500 penalty imposed by the
18.33 board of up to $1,000. If the board makes a public finding that
18.34 there is probable cause to believe a violation of this section
18.35 has occurred, the board must bring an action, or transmit the
18.36 finding to a county attorney who must bring an action, in the
19.1 district court of Ramsey county, to collect a civil fine penalty
19.2 as imposed by the board. Fines Penalties paid under this
19.3 section must be deposited in the general fund in the state
19.4 treasury.
19.5 Sec. 33. Minnesota Statutes 2000, section 10A.273,
19.6 subdivision 5, is amended to read:
19.7 Subd. 5. [SPECIAL ELECTION.] This section does not
19.8 apply to a candidate or a candidate's principal campaign
19.9 committee in a legislative special election during the period
19.10 beginning when the person becomes a candidate in the special
19.11 election and ending on the day of the special election.
19.12 Sec. 34. Minnesota Statutes 2000, section 10A.28,
19.13 subdivision 1, is amended to read:
19.14 Subdivision 1. [EXCEEDING EXPENDITURE LIMITS.] A candidate
19.15 subject to the expenditure limits in section 10A.25 who permits
19.16 the candidate's principal campaign committee to make
19.17 expenditures or permits approved expenditures to be made on the
19.18 candidate's behalf in excess of the limits imposed by section
19.19 10A.25, as adjusted by section 10A.255, is subject to a civil
19.20 fine penalty up to four times the amount by which the
19.21 expenditures exceeded the limit.
19.22 Sec. 35. Minnesota Statutes 2000, section 10A.28,
19.23 subdivision 2, is amended to read:
19.24 Subd. 2. [EXCEEDING CONTRIBUTION LIMITS.] A political
19.25 committee, political fund, or principal campaign committee that
19.26 makes a contribution, or a candidate who permits the candidate's
19.27 principal campaign committee to accept contributions, in excess
19.28 of the limits imposed by section 10A.27 is subject to a
19.29 civil fine penalty of up to four times the amount by which the
19.30 contribution exceeded the limits.
19.31 Sec. 36. Minnesota Statutes 2000, section 10A.28,
19.32 subdivision 4, is amended to read:
19.33 Subd. 4. [CIVIL ACTION.] If the board is unable after a
19.34 reasonable time to correct by informal methods a matter that
19.35 constitutes probable cause to believe that excess expenditures
19.36 have been made or excess contributions accepted contrary to
20.1 subdivision 1 or 2, the board must make a public finding of
20.2 probable cause in the matter. After making a public finding,
20.3 the board must bring an action, or transmit the finding to a
20.4 county attorney who must bring an action, in the district court
20.5 of Ramsey county or, in the case of a legislative candidate, the
20.6 district court of a county within the legislative district, to
20.7 collect a civil fine penalty as imposed by the board under
20.8 subdivision 1 or 2. All money recovered under this section must
20.9 be deposited in the general fund of the state treasury.
20.10 Sec. 37. Minnesota Statutes 2000, section 10A.29, is
20.11 amended to read:
20.12 10A.29 [CIRCUMVENTION PROHIBITED.]
20.13 Any attempt by An individual or association that attempts
20.14 to circumvent this chapter by redirecting a contribution
20.15 through, or making a contribution on behalf of, another
20.16 individual or association is guilty of a gross misdemeanor and
20.17 subject to a civil penalty imposed by the board of up to $3,000.
20.18 Sec. 38. Minnesota Statutes 2001 Supplement, section
20.19 10A.31, subdivision 7, is amended to read:
20.20 Subd. 7. [DISTRIBUTION OF GENERAL ACCOUNT.] (a) As soon as
20.21 the board has obtained the results of the primary election from
20.22 the secretary of state, but no later than one week after
20.23 certification of the primary results by the state canvassing
20.24 board, the board must distribute the available money in the
20.25 general account, as certified by the commissioner of revenue on
20.26 September 1 and according to allocations set forth in
20.27 subdivision 5, in equal amounts to all candidates of a major
20.28 political party whose names are to appear on the ballot in the
20.29 general election and who:
20.30 (1) have signed a spending limit agreement under section
20.31 10A.322;
20.32 (2) have filed the affidavit of contributions required by
20.33 section 10A.323; and
20.34 (3) have filed the agreement required under paragraph (c);
20.35 and
20.36 (4) were opposed in either the primary election or the
21.1 general election.
21.2 (b) The public subsidy under this subdivision may not be
21.3 paid in an amount that would cause the sum of the public subsidy
21.4 paid from the party account plus the public subsidy paid from
21.5 the general account to exceed 50 percent of the expenditure
21.6 limit for the candidate or 50 percent of the expenditure limit
21.7 that would have applied to the candidate if the candidate had
21.8 not been freed from expenditure limits under section 10A.25,
21.9 subdivision 10. Money from the general account not paid to a
21.10 candidate because of the 50 percent limit must be distributed
21.11 equally among all other qualifying candidates for the same
21.12 office until all have reached the 50 percent limit or the
21.13 balance in the general account is exhausted.
21.14 (c) No later than one week after the primary results have
21.15 been certified by the state canvassing board, a candidate
21.16 wishing to receive money distributed by the board under this
21.17 subdivision must execute and file an agreement with the board.
21.18 The agreement must provide that:
21.19 (1) if the A candidate does not must expend or promise to
21.20 disburse become obligated to expend at least an amount equal to
21.21 50 percent of the money distributed by the board under this
21.22 subdivision no later than the end of the final reporting period
21.23 preceding the general election, then. Otherwise, the candidate
21.24 agrees to must repay to the board the remainder of the money the
21.25 difference between the amount the candidate spent or became
21.26 obligated to spend by the deadline and the amount distributed to
21.27 the candidate under this subdivision. The candidate must make
21.28 the repayment no later than six months following the date of the
21.29 general election; and
21.30 (2). The candidate agrees to must reimburse the board for
21.31 all reasonable costs, including litigation costs, incurred in
21.32 collecting any amount due following that date.
21.33 If the board determines that a candidate has failed to
21.34 repay money as required by an agreement under this
21.35 subdivision paragraph, the board may not distribute any
21.36 additional money to the candidate under this subdivision until
22.1 the entirety of the unexpended money is repaid or
22.2 discharged repayment has been made.
22.3 Sec. 39. Minnesota Statutes 2000, section 10A.322,
22.4 subdivision 1, is amended to read:
22.5 Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) As a
22.6 condition of receiving a public subsidy, a candidate must sign
22.7 and file with the board a written agreement in which the
22.8 candidate agrees that the candidate will comply with sections
22.9 10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph
22.10 (c); and 10A.324.
22.11 (b) Before the first day of filing for office, the board
22.12 must forward agreement forms to all filing officers. The board
22.13 must also provide agreement forms to candidates on request at
22.14 any time. The candidate must file the agreement with the board
22.15 by September 1 preceding the candidate's general election or a
22.16 special election held at the general election. An agreement may
22.17 not be filed after that date. An agreement once filed may not
22.18 be rescinded.
22.19 (c) The board must notify the commissioner of revenue of
22.20 any agreement signed under this subdivision.
22.21 (d) Notwithstanding paragraph (b), if a vacancy occurs that
22.22 will be filled by means of a special election and the filing
22.23 period does not coincide with the filing period for the general
22.24 election, a candidate may sign and submit a spending limit
22.25 agreement not later than the day after the candidate files the
22.26 affidavit of candidacy or nominating petition for the office.
22.27 Sec. 40. Minnesota Statutes 2000, section 10A.323, is
22.28 amended to read:
22.29 10A.323 [AFFIDAVIT OF CONTRIBUTIONS.]
22.30 In addition to the requirements of section 10A.322, to be
22.31 eligible to receive a public subsidy under section 10A.31 a
22.32 candidate or the candidate's treasurer must file an affidavit
22.33 with the board stating that during that calendar year the
22.34 candidate has accumulated contributions from persons eligible to
22.35 vote in this state in at least the amount indicated for the
22.36 office sought, counting only the first $50 received from each
23.1 contributor:
23.2 (1) candidates for governor and lieutenant governor running
23.3 together, $35,000;
23.4 (2) candidates for attorney general, $15,000;
23.5 (3) candidates for secretary of state and state auditor,
23.6 separately, $6,000;
23.7 (4) candidates for the senate, $3,000; and
23.8 (5) candidates for the house of representatives, $1,500.
23.9 The affidavit must state the total amount of contributions
23.10 that have been received from persons eligible to vote in this
23.11 state, disregarding the portion of any contribution in excess of
23.12 $50.
23.13 The candidate or the candidate's treasurer must submit the
23.14 affidavit required by this section to the board in writing by
23.15 September 1 of the general election year to receive the payment
23.16 made following the primary election and by November 1 to receive
23.17 the payment made following the general election.
23.18 A candidate for a vacancy to be filled at a special
23.19 election for which the filing period does not coincide with the
23.20 filing period for the general election must submit the affidavit
23.21 required by this section to the board within five days after
23.22 filing the affidavit of candidacy.
23.23 Sec. 41. Minnesota Statutes 2000, section 356A.06,
23.24 subdivision 4, is amended to read:
23.25 Subd. 4. [ECONOMIC INTEREST STATEMENT.] (a) Each member of
23.26 the governing board of a covered pension plan and the chief
23.27 administrative officer of the plan shall file with the plan a
23.28 statement of economic interest.
23.29 (b) For a covered pension plan other than a plan specified
23.30 in paragraph (c), the statement must contain the information
23.31 required by section 10A.09, subdivision 5, and any other
23.32 information that the fiduciary or the governing board of the
23.33 plan determines is necessary to disclose a reasonably
23.34 foreseeable potential or actual conflict of interest.
23.35 (c) For a covered pension plan governed by sections 69.771
23.36 to 69.776 or a covered pension plan governed by section 69.77
24.1 with assets under $8,000,000, the statement must contain the
24.2 following:
24.3 (1) the person's principal occupation and principal place
24.4 of business;
24.5 (2) whether or not the person has an ownership of or
24.6 interest of ten percent or greater in an investment security
24.7 brokerage business, a real estate sales business, an insurance
24.8 agency, a bank, a savings and loan, or another financial
24.9 institution; and
24.10 (3) any relationship or financial arrangement that can
24.11 reasonably be expected to give rise to a conflict of interest.
24.12 (d) The statement must be filed annually with the chief
24.13 administrative officer of the plan and be available for public
24.14 inspection during regular office hours at the office of the
24.15 pension plan.
24.16 (e) A disclosure form meeting the requirements of the
24.17 federal Investment Advisers Act of 1940, United States Code,
24.18 title 15, sections 80b-1 to 80b-21 as amended, and filed with
24.19 the state board of investment or the pension plan meets the
24.20 requirements of this subdivision.
24.21 (f) The chief administrative officer of each covered
24.22 pension plan, by January 15, annually, shall transmit a copy
24.23 certified listing of all individuals who have filed statements
24.24 of economic interest received by with the plan under this
24.25 subdivision during the preceding 12 months and the address of
24.26 the office referenced in paragraph (d) to the campaign finance
24.27 and public disclosure board.
24.28 Sec. 42. [TRANSITION.]
24.29 A candidate who signed and filed with the campaign finance
24.30 and public disclosure board a spending limit agreement for the
24.31 election cycle ending December 31, 2002, before the effective
24.32 date of this act is governed by the provisions of Minnesota
24.33 Statutes 2000, section 10A.31, subdivision 7, as they existed
24.34 before the amendments made by Laws 2001, First Special Session
24.35 chapter 10, article 18, section 2, and this act, until the
24.36 candidate signs a new spending limit agreement after the
25.1 effective date of this act.