2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
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, 9, 11, 13; 10A.273, subdivisions 1, 4, 1.15 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 isguilty of a misdemeanorsubject to a civil 3.29 penalty imposed by the board of up to $3,000. 3.30(d) Except as provided in section 10A.28, after the board3.31makes a public finding of probable cause the board must report3.32that 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. The board must 4.19 send a notice by certified mail to any individual who fails to 4.20 file a report required by this subdivision. If the individual 4.21 fails to file the required report within ten business days after 4.22 the notice was sent, the board may impose a late filing fee of 4.23 $5 per day up to $100 starting on the 11th day after the notice 4.24 was sent. The board must send an additional notice by certified 4.25 mail to an individual who fails to file a report within 14 days 4.26 after the first notice was sent by the board that the individual 4.27 may be subject to a civil penalty for failure to file a report. 4.28 An individual who fails to file a report required by this 4.29 subdivision within seven days after the second notice was sent 4.30 by the board is subject to a civil penalty imposed by the board 4.31 of up to $3,000. 4.32 Sec. 5. Minnesota Statutes 2000, section 10A.03, 4.33 subdivision 3, is amended to read: 4.34 Subd. 3. [FAILURE TO FILE.] The board mustnotifysend a 4.35 notice by certified mailor personal serviceto any lobbyist who 4.36 fails to file a registration form within five days after 5.1 becoming a lobbyist. If a lobbyist fails to file a form 5.2 withinseventen business days afterreceiving thisthe notice 5.3 was sent, the board may impose a late filing fee of $5 per day, 5.4 not to exceed $100,commencing withstarting on theeighth11th 5.5 day afterreceivingthe notice was sent. The board mustfurther5.6notifysend an additional notice by certified mailor personal5.7service anyto a lobbyist who fails to file a form within2114 5.8 daysof receiving aafter the first notice was sent by the board 5.9 that the lobbyist may be subject to acriminalcivil penalty for 5.10 failure to file the form. A lobbyist whoknowinglyfails to 5.11 file a form within seven days afterreceiving athe second 5.12 noticefromwas sent by the board isguilty of a misdemeanor5.13 subject to a civil penalty imposed by the board of up to $3,000. 5.14 Sec. 6. Minnesota Statutes 2000, section 10A.04, 5.15 subdivision 4, is amended to read: 5.16 Subd. 4. [CONTENT.] (a) A report under this section must 5.17 include information the board requires from the registration 5.18 form and the information required by this subdivision for the 5.19 reporting period. 5.20 (b) A lobbyist must report the lobbyist's total 5.21 disbursements on lobbying, separately listing lobbying to 5.22 influence legislative action, lobbying to influence 5.23 administrative action, and lobbying to influence the official 5.24 actions of a metropolitan governmental unit, and a breakdown of 5.25 disbursements for each of those kinds of lobbying into 5.26 categories specified by the board, including but not limited to 5.27 the cost of publication and distribution of each publication 5.28 used in lobbying; other printing; media, including the cost of 5.29 production; postage; travel; fees, including allowances; 5.30 entertainment; telephone and telegraph; and other expenses. 5.31 (c) A lobbyist must report the amount and nature of each 5.32 gift, item, or benefit, excluding contributions to a candidate, 5.33 equal in value to $5 or more, given or paid to any official, as 5.34 defined in section 10A.071, subdivision 1, by the lobbyist or an 5.35 employer or employee of the lobbyist. The list must include the 5.36 name and address of each official to whom the gift, item, or 6.1 benefit was given or paid and the date it was given or paid. 6.2 (d)EachA lobbyist must report each original source of 6.3 money in excess of $500 in any year used for the purpose of 6.4 lobbying to influence legislative action, administrative action, 6.5 or the official action of a metropolitan governmental unit. The 6.6 list must include the name, address, and employer, or, if 6.7 self-employed, the occupation and principal place of business, 6.8 of each payer of money in excess of $500. 6.9 (e) On the report due April 15, the lobbyist must provide a 6.10 general description of the subjects lobbied in the previous 12 6.11 months. 6.12 Sec. 7. Minnesota Statutes 2000, section 10A.04, 6.13 subdivision 5, is amended to read: 6.14 Subd. 5. [LATE FILING.] The board mustnotifysend a 6.15 notice by certified mailor personal serviceto any lobbyist or 6.16 principal who fails after seven days after a filing date imposed 6.17 by this section to file a report or statement required by this 6.18 section. If a lobbyist or principal fails to file a report 6.19 withinseventen business days afterreceiving thisthe notice 6.20 was sent, the board may impose a late filing fee of $5 per day, 6.21 not to exceed $100, commencing with theeighth11th day 6.22 afterreceivingthe notice was sent. The board mustfurther6.23notifysend an additional notice by certified mailor personal6.24serviceto any lobbyist or principal who fails to file a report 6.25 within2114 days afterreceiving athe first notice was sent 6.26 by the board that the lobbyist or principal may be subject to a 6.27criminalcivil penalty for failure to file the report. A 6.28 lobbyist or principal whoknowinglyfails to filesucha report 6.29 or statement within seven days afterreceiving athe second 6.30 noticefromwas sent by the board isguilty of a6.31misdemeanorsubject to a civil penalty imposed by the board of 6.32 up to $3,000. 6.33 Sec. 8. Minnesota Statutes 2000, section 10A.04, 6.34 subdivision 6, is amended to read: 6.35 Subd. 6. [PRINCIPAL REPORTS.] (a) A principal must report 6.36 to the board as required in this subdivision by March 15 for the 7.1 preceding calendar year. 7.2 (b) The principal must reportwhich of the following7.3categories includesthe total amount, rounded to the nearest 7.4dollar$20,000, spent by the principal during the preceding 7.5 calendar year to influence legislative action, administrative 7.6 action, and the official action of metropolitan governmental 7.7 units:. 7.8(1) $501 to $50,000;7.9(2) $50,001 to $150,000; or7.10(3) $150,001 to $250,000.7.11 (c)Beyond $250,000, each additional $250,000 constitutes7.12an additional category, and each principal must report which of7.13the categories includes the total amount spent by the principal7.14for the purposes provided in this subdivision.7.15(d)The principal must report under this subdivision a 7.16 total amount that includes: 7.17 (1) all direct payments by the principal to lobbyists in 7.18 this state; 7.19 (2) all expenditures for advertising, mailing, research, 7.20 analysis, compilation and dissemination of information, and 7.21 public relations campaigns related to legislative action, 7.22 administrative action, or the official action of metropolitan 7.23 governmental units in this state; and 7.24 (3) all salaries and administrative expenses attributable 7.25 to activities of the principal relating to efforts to influence 7.26 legislative action, administrative action, or the official 7.27 action of metropolitan governmental units in this state. 7.28 Sec. 9. Minnesota Statutes 2000, section 10A.08, is 7.29 amended to read: 7.30 10A.08 [REPRESENTATION DISCLOSURE.] 7.31 A public official who represents a client for a fee before 7.32 an individual, board, commission, or agency that has rulemaking 7.33 authority in a hearing conducted under chapter 14, must disclose 7.34 the official's participation in the action to the board within 7.35 14 days after the appearance. The board mustnotifysend a 7.36 notice by certified mailor personal serviceto any public 8.1 official who fails to disclose the participation within 14 days 8.2 after the appearance. If the public official fails to disclose 8.3 the participation withinseventen business daysof thisafter 8.4 the notice was sent, the board may impose a late filing fee of 8.5 $5 per day, not to exceed $100,commencingstarting on the 8.6eighth11th day afterreceivingthe notice was sent. 8.7 Sec. 10. Minnesota Statutes 2000, section 10A.09, 8.8 subdivision 7, is amended to read: 8.9 Subd. 7. [LATE FILING.] The board mustnotifysend a 8.10 notice by certified mailor personal serviceto any individual 8.11 who fails within the prescribed time to file a statement of 8.12 economic interest required by this section. If an individual 8.13 fails to file a statement withinseventen business days after 8.14receiving thisthe notice was sent, the board may impose a late 8.15 filing fee of $5 per day, not to exceed $100, commencing on 8.16 theeighth11th day afterreceivingthe notice was sent. The 8.17 board mustfurther notifysend an additional notice by certified 8.18 mailor personal serviceto any individual who fails to file a 8.19 statement within2114 days afterreceiving athe first notice 8.20 was sent by the board that the individual may be subject to a 8.21criminalcivil penalty for failure to file a statement. An 8.22 individual who fails to file a statement within seven days after 8.23athe second notice was sent by the board isguilty of a8.24misdemeanorsubject to a civil penalty imposed by the board up 8.25 to $3,000. 8.26 Sec. 11. Minnesota Statutes 2000, section 10A.11, 8.27 subdivision 7, is amended to read: 8.28 Subd. 7. [PENALTY.] A person who knowingly violates this 8.29 section isguilty of a misdemeanorsubject to a civil penalty 8.30 imposed by the board of up to $3,000. 8.31 Sec. 12. Minnesota Statutes 2000, section 10A.12, 8.32 subdivision 6, is amended to read: 8.33 Subd. 6. [PENALTY.] A person who knowingly violates this 8.34 section isguilty of a misdemeanorsubject to a civil penalty 8.35 imposed by the board of up to $3,000. 8.36 Sec. 13. Minnesota Statutes 2000, section 10A.13, 9.1 subdivision 1, is amended to read: 9.2 Subdivision 1. [ACCOUNTS; PENALTY.] The treasurer of a 9.3 political committee, political fund, principal campaign 9.4 committee, or party unit must keep an account of: 9.5 (1) the sum of all contributions, except any donation in 9.6 kind valued at $20 or less, made to the committee, fund, or 9.7 party unit; 9.8 (2) the name and address of each source of a contribution 9.9 made to the committee, fund, or party unit in excess of $20, 9.10 together with the date and amount of each; 9.11 (3) each expenditure made by the committee, fund, or party 9.12 unit, together with the date and amount; 9.13 (4) each approved expenditure made on behalf of the 9.14 committee, fund, or party unit, together with the date and 9.15 amount; and 9.16 (5) the name and address of each political committee, 9.17 political fund, principal campaign committee, or party unit to 9.18 which contributions in excess of $20 have been made, together 9.19 with the date and amount. 9.20 Any individual who knowingly violates this subdivision is 9.21guilty of a misdemeanorsubject to a civil penalty imposed by 9.22 the board of up to $3,000. 9.23 Sec. 14. Minnesota Statutes 2000, section 10A.14, 9.24 subdivision 4, is amended to read: 9.25 Subd. 4. [FAILURE TO FILE; PENALTY.] The board mustnotify9.26 send a notice by certified mailor personal serviceto any 9.27 individual who fails to file a statement required by this 9.28 section. Ifanthe individual fails to file a statement 9.29 withinseventen business days afterreceiving athe 9.30 notice was sent, the board may impose a late filing fee of $5 9.31 per day, not to exceed $100, commencing with theeighth11th day 9.32 afterreceivingthe notice was sent. 9.33 The board mustfurther notifysend an additional notice by 9.34 certified mailor personal serviceto any individual who fails 9.35 to file a statement within2114 days afterreceiving athe 9.36 first notice was sent by the board thatsuchthe individual may 10.1 be subject to acriminalcivil penalty for failure to file the 10.2 report. An individual whoknowinglyfails to file the statement 10.3 within seven days afterreceiving athe second noticefromwas 10.4 sent by the board isguilty of a misdemeanorsubject to a civil 10.5 penalty imposed by the board of up to $3,000. 10.6 Sec. 15. Minnesota Statutes 2000, section 10A.15, 10.7 subdivision 4, is amended to read: 10.8 Subd. 4. [PENALTY.] An individual violating this section 10.9 isguilty of a misdemeanorsubject to a civil penalty imposed by 10.10 the board of up to $3,000. 10.11 Sec. 16. Minnesota Statutes 2000, section 10A.16, is 10.12 amended to read: 10.13 10A.16 [EARMARKING CONTRIBUTIONS PROHIBITED.] 10.14 An individual, political committee, political fund, 10.15 principal campaign committee, or party unit may not solicit or 10.16 accept a contribution from any source with the express or 10.17 implied condition that the contribution or any part of it be 10.18 directed to a particular candidate other than the initial 10.19 recipient. An individual, political committee, political fund, 10.20 principal campaign committee, or party unit that knowingly 10.21 accepts any earmarked contribution is guilty of a gross 10.22 misdemeanor and subject to a civil penalty imposed by the board 10.23 of up to $3,000. 10.24 Sec. 17. Minnesota Statutes 2000, section 10A.17, is 10.25 amended by adding a subdivision to read: 10.26 Subd. 3a. [PERSONAL LOANS.] A principal campaign 10.27 committee, political committee, political fund, or party unit 10.28 may not lend money it has raised to anyone for purposes not 10.29 related to the conduct of a campaign. 10.30 Sec. 18. Minnesota Statutes 2000, section 10A.17, 10.31 subdivision 5, is amended to read: 10.32 Subd. 5. [PENALTY.] A person whoknowinglyviolates 10.33 subdivision 2 isguilty of a misdemeanorsubject to a civil 10.34 penalty imposed by the board of up to $3,000. A person who 10.35 knowingly violates subdivision 3a or 4 or falsely claims that an 10.36 expenditure was an independent expenditure is guilty of a gross 11.1 misdemeanor and subject to a civil penalty imposed by the board 11.2 of up to $3,000. 11.3 Sec. 19. Minnesota Statutes 2000, section 10A.18, is 11.4 amended to read: 11.5 10A.18 [TIME FOR RENDERING BILLS, CHARGES, OR CLAIMS; 11.6 PENALTY.] 11.7 A person who has a bill, charge, or claim against a 11.8 political committee, political fund, principal campaign 11.9 committee, or party unit for an expenditure must render in 11.10 writing to the treasurer of the committee, fund, or party unit 11.11 the bill, charge, or claim within 60 days after the material or 11.12 service is provided.Violation ofA person who violates this 11.13 section isa misdemeanorsubject to a civil penalty imposed by 11.14 the board of up to $3,000. 11.15 Sec. 20. Minnesota Statutes 2000, section 10A.20, is 11.16 amended by adding a subdivision to read: 11.17 Subd. 1a. [IF TREASURER POSITION IS VACANT.] If the 11.18 position of treasurer of a principal campaign committee, 11.19 political committee, political fund, or party unit is vacant, 11.20 the candidate, chair of a political committee or party unit, or 11.21 association officer of a political fund is responsible for 11.22 filing reports required by this section. 11.23 Sec. 21. Minnesota Statutes 2000, section 10A.20, 11.24 subdivision 12, is amended to read: 11.25 Subd. 12. [FAILURE TO FILE; PENALTY.] The board must 11.26notifysend a notice by certified mailor personal service anto 11.27 any individual who fails to file a statement required by this 11.28 section. If an individual fails to file a statement due January 11.29 31 withinseventen business days afterreceiving athe notice 11.30 was sent, the board may impose a late filing fee of $5 per day, 11.31 not to exceed $100, commencingonwith theeighth11th day after 11.32receivingthe notice was sent. 11.33 If an individual fails to file a statement due before a 11.34 primary or election within three days after the date due, 11.35 regardless of whether the individual has received any notice, 11.36 the board may impose a late filing fee of $50 per day, not to 12.1 exceed $500, commencing on the fourth day after the date the 12.2 statement was due. 12.3 The board mustfurther notifysend an additional notice by 12.4 certified mailor personal serviceto an individual who fails to 12.5 file a statement within 14 days afterreceiving athe first 12.6 noticefromwas sent by the board that the individual may be 12.7 subject to acriminalcivil penalty for failure to file a 12.8 statement. An individual whoknowinglyfails to file the 12.9 statement within seven days afterreceiving athe second notice 12.10fromwas sent by the board isguilty of a misdemeanorsubject to 12.11 a civil penalty imposed by the board of up to $3,000. 12.12 Sec. 22. Minnesota Statutes 2000, section 10A.20, is 12.13 amended by adding a subdivision to read: 12.14 Subd. 15. [EQUITABLE RELIEF.] A candidate whose opponent 12.15 does not timely file the report due 15 days before the primary, 12.16 the report due ten days before the general election, or the 12.17 notice required under section 10A.25, subdivision 10, may 12.18 petition the district court for immediate equitable relief to 12.19 enforce the filing requirement. A prevailing party under this 12.20 subdivision may be awarded attorney fees and costs by the court. 12.21 Sec. 23. Minnesota Statutes 2000, section 10A.25, is 12.22 amended by adding a subdivision to read: 12.23 Subd. 3a. [INDEPENDENT EXPENDITURES.] The principal 12.24 campaign committee of a candidate must not make independent 12.25 expenditures. 12.26 Sec. 24. Minnesota Statutes 2000, section 10A.25, 12.27 subdivision 10, is amended to read: 12.28 Subd. 10. [EFFECT OF OPPONENT'S CONDUCT.] (a) After the 12.29 deadline for filing a spending limit agreement under section 12.30 10A.322, a candidate who has agreed to be bound by the 12.31 expenditure limits imposed by this section as a condition of 12.32 receiving a public subsidy for the candidate's campaignismay 12.33 choose to be released from the expenditure limits butremains12.34 remain eligible to receive a public subsidy if the candidate has 12.35 an opponent whodoeshas notagreeagreed to be bound by the 12.36 limits andreceiveshas received contributions ormakesmade or 13.1becomesbecome obligated to make expenditures during that 13.2 election cycle in excess of the following limits: 13.3 (1) up toten daysthe close of the reporting period before 13.4 the primary election, receipts or expenditures equal to 20 13.5 percent of the expenditure limit for that office as set forth in 13.6 subdivision 2; or 13.7 (2) afterten daysthe close of the reporting period before 13.8 the primary election, cumulative receipts or expenditures during 13.9 that election cycle equal to 50 percent of the expenditure limit 13.10 for that office as set forth in subdivision 2. 13.11 Before the primary election, a candidate's "opponents" are 13.12 only those who will appear on the ballot of the same party in 13.13 the primary election. 13.14 (b) A candidate who has not agreed to be bound by 13.15 expenditure limits, or the candidate's principal campaign 13.16 committee, must file written notice with the board and provide 13.17 written notice to any opponent of the candidate for the same 13.18 office within 24 hours of exceeding the limits in paragraph (a),13.19clause (2). The notice must state only that the candidate or 13.20 candidate's principal campaign committee has received 13.21 contributions or made or become obligated to make campaign 13.22 expenditures in excess of the limits in paragraph (a), clause13.23(2). 13.24 (c) Upon receipt of the notice,thea candidate who had 13.25 agreed to be bound by the limitsismay file with the board a 13.26 notice that the candidate chooses to be no longer bound by the 13.27 expenditure limits. A notice of a candidate's choice not to be 13.28 bound by the expenditure limits that is based on the conduct of 13.29 an opponent in the state primary election may not be filed more 13.30 than one day after the state canvassing board has declared the 13.31 results of the state primary. 13.32 (d) A candidate who has agreed to be bound by the 13.33 expenditure limits imposed by this section and whose opponent in 13.34 the general election has chosen, as provided in paragraph (c), 13.35 not to be bound by the expenditure limits because of the conduct 13.36 of an opponent in the primary election is no longer bound by the 14.1 limits but remains eligible to receive a public subsidy. 14.2 Sec. 25. Minnesota Statutes 2000, section 10A.255, 14.3 subdivision 1, is amended to read: 14.4 Subdivision 1. [METHOD OF CALCULATION.] The dollar amounts 14.5 in section 10A.25, subdivision 2, must be adjusted for general 14.6 election years as provided in this section. Each general 14.7 election year, the executive director of the board must 14.8 determine the percentage increase in the consumer price index 14.9 from December of the year preceding the last general election 14.10 year to December of the year preceding the year in which the 14.11 determination is made. The dollar amounts used for the 14.12 preceding general election year must be multiplied by that 14.13 percentage. The product of the calculation must be added to 14.14 each dollar amount to produce the dollar limitations to be in 14.15 effect for the next general election. The product must be 14.16 rounded up to the next highest$10$100 increment. The index 14.17 used must be the revised consumer price index for all urban 14.18 consumers for the St. Paul-Minneapolis metropolitan area 14.19 prepared by the United States Department of Labor. 14.20 Sec. 26. Minnesota Statutes 2000, section 10A.27, 14.21 subdivision 1, is amended to read: 14.22 Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as 14.23 provided in subdivision 2, a candidate must not permit the 14.24 candidate's principal campaign committee to accept aggregate 14.25 contributions made or delivered by any individual, political 14.26 committee, or political fund in excess of the following: 14.27 (1) to candidates for governor and lieutenant governor 14.28 running together, $2,000 in an election year for the office 14.29 sought and $500 in other years; 14.30 (2) to a candidate for attorney general, $1,000 in an 14.31 election year for the office sought and $200 in other years; 14.32 (3) to a candidate for the office of secretary of state or 14.33 state auditor, $500 in an election year for the office sought 14.34 and $100 in other years; 14.35 (4) to a candidate for state senator, $500 in an election 14.36 year for the office sought and $100 in other years; and 15.1 (5) to a candidate for state representative, $500 in an 15.2 election year for the office sought and $100 in the other year. 15.3 (b) The following deliveries are not subject to the 15.4 bundling limitation in this subdivision: 15.5 (1) delivery of contributions collected by a member of the 15.6 candidate's principal campaign committee, such as a block worker 15.7 or a volunteer who hosts a fund raising event, to the 15.8 committee's treasurer; and 15.9 (2) a delivery made by an individual on behalf of the 15.10 individual's spouse. 15.11 (c) A political committee or political fund must not make a 15.12 contribution a candidate is prohibited from accepting. 15.13 Sec. 27. Minnesota Statutes 2000, section 10A.27, 15.14 subdivision 9, is amended to read: 15.15 Subd. 9. [CONTRIBUTIONS TO AND FROM OTHER CANDIDATES.] (a) 15.16 A candidate or the treasurer of a candidate's principal campaign 15.17 committee must not accept a contribution from another 15.18 candidate's principal campaign committee or from any other 15.19 committee bearing the contributing candidate's name or title or 15.20 otherwise authorized by the contributing candidate, unless the 15.21 contributing candidate's principal campaign committee is being 15.22 dissolved. A candidate's principal campaign committee must not 15.23 make a contribution to another candidate's principal campaign 15.24 committee, except when the contributing committee is being 15.25 dissolved. A contribution from a dissolving principal campaign 15.26 committee is subject to the same limitations as are imposed on a 15.27 political committee by subdivisions 1 and 11 and section 15.28 10A.273, except that there is no limit on the amount that may be 15.29 transferred from the dissolving principal campaign committee of 15.30 a candidate for the legislature to another principal campaign 15.31 committee of the same candidate. A principal campaign committee 15.32 that makes a contribution to another principal campaign 15.33 committee must provide with the contribution a written statement 15.34 of the committee's intent to dissolve and terminate its 15.35 registration within 12 months after the contribution was made. 15.36 If the committee fails to dissolve and terminate its 16.1 registration by that time, the board may levy a civil penalty up 16.2 to four times the size of the contribution against the 16.3 contributing committee. A contribution from a terminating 16.4 principal campaign committee that is not accepted by another 16.5 principal campaign committee must be forwarded to the board for 16.6 deposit in the general account of the state elections campaign 16.7 fund. 16.8 (b) A candidate's principal campaign committee must not 16.9 accept a contribution from, or make a contribution to, a 16.10 committee associated with a person who seeks nomination or 16.11 election to the office of President, Senator, or Representative 16.12 in Congress of the United States. 16.13 (c) A candidate or the treasurer of a candidate's principal 16.14 campaign committee must not accept a contribution from a 16.15 candidate for political subdivision office in any state, unless 16.16 the contribution is from the personal funds of the candidate for 16.17 political subdivision office. A candidate or the treasurer of a 16.18 candidate's principal campaign committee must not make a 16.19 contribution from the principal campaign committee to a 16.20 candidate for political subdivision office in any state. 16.21 Sec. 28. Minnesota Statutes 2000, section 10A.27, 16.22 subdivision 11, is amended to read: 16.23 Subd. 11. [CONTRIBUTIONS FROM CERTAIN TYPES OF 16.24 CONTRIBUTORS.] A candidate must not permit the candidate's 16.25 principal campaign committee to accept a contribution from a 16.26 political committee, political fund, lobbyist, or large 16.27 contributor, if the contribution will cause the aggregate 16.28 contributions from those types of contributors to exceed an 16.29 amount equal to 20 percent of the expenditure limits for the 16.30 office sought by the candidate, provided that the 20 percent 16.31 limit must be rounded to the nearest $100. For purposes of this 16.32 subdivision, "large contributor" means an individual, other than 16.33 the candidate, who contributes an amount that is more than $100 16.34 and more than one-half the amount an individual may contribute. 16.35 Sec. 29. Minnesota Statutes 2000, section 10A.27, 16.36 subdivision 13, is amended to read: 17.1 Subd. 13. [UNREGISTERED ASSOCIATION LIMIT; STATEMENT; 17.2 PENALTY.] (a) The treasurer of a political committee, political 17.3 fund, principal campaign committee, or party unit must not 17.4 accept a contribution of more than $100 from an association not 17.5 registered under this chapter unless the contribution is 17.6 accompanied by a written statement that meets the disclosure and 17.7 reporting period requirements imposed by section 10A.20. This 17.8 statement must be certified as true and correct by an officer of 17.9 the contributing association. The committee, fund, or party 17.10 unit that accepts the contribution must include a copy of the 17.11 statement with the report that discloses the contribution to the 17.12 board. This subdivision does not apply when a national 17.13 political party contributes money to its affiliate in this state. 17.14 (b) An unregistered association may provide the written 17.15 statement required by this subdivision to no more than three 17.16 committees, funds, or party units in a calendar year. Each 17.17 statement must cover at least the 30 days immediately preceding 17.18 and including the date on which the contribution was made. An 17.19 unregistered association or an officer of it is subject to a 17.20 civil penaltyup to $1,000imposed by the board of up to $3,000, 17.21 if the association or its officer: 17.22 (1) fails to provide a written statement as required by 17.23 this subdivision; or 17.24 (2) fails to register after giving the written statement 17.25 required by this subdivision to more than three committees, 17.26 funds, or party units in a calendar year. 17.27An officer of an association who violates this paragraph is17.28guilty of a misdemeanor.17.29 (c) The treasurer of a political committee, political fund, 17.30 principal campaign committee, or party unit who accepts a 17.31 contribution in excess of $100 from an unregistered association 17.32 without the required written disclosure statement is subject to 17.33 a civil penalty up to four times the amount in excess of $100. 17.34 Sec. 30. Minnesota Statutes 2000, section 10A.273, 17.35 subdivision 1, is amended to read: 17.36 Subdivision 1. [CONTRIBUTIONS DURING LEGISLATIVE 18.1 SESSION.] (a) A candidate for the legislature or for 18.2 constitutional office, the candidate's principal campaign 18.3 committee, or a political committee or party unit established by 18.4 all or a part of the party organization within a house of the 18.5 legislature, must not solicit or accept a contribution from a 18.6 registered lobbyist, political committee, or political fund, or 18.7 from a party unit established by the party organization within a 18.8 house of the legislature, during a regular session of the 18.9 legislature. 18.10 (b) A registered lobbyist, political committee, or 18.11 political fund, or a party unit established by the party 18.12 organization within a house of the legislature, must not make a 18.13 contribution to a candidate for the legislature or for 18.14 constitutional office, the candidate's principal campaign 18.15 committee, or a political committee or party unit established by 18.16 all or a part of the party organization within a house of the 18.17 legislature during a regular session of the legislature. 18.18 Sec. 31. Minnesota Statutes 2000, section 10A.273, 18.19 subdivision 4, is amended to read: 18.20 Subd. 4. [CIVIL PENALTY.] A candidate, political 18.21 committee,orparty unit, political fund, or registered lobbyist 18.22 that violates this section is subject to a civilfine of up to18.23$500penalty imposed by the board of up to $3,000. If the board 18.24 makes a public finding that there is probable cause to believe a 18.25 violation of this section has occurred, the board must bring an 18.26 action, or transmit the finding to a county attorney who must 18.27 bring an action, in the district court of Ramsey county, to 18.28 collect a civilfinepenalty as imposed by the board.Fines18.29 Penalties paid under this section must be deposited in the 18.30 general fund in the state treasury. 18.31 Sec. 32. Minnesota Statutes 2000, section 10A.273, 18.32 subdivision 5, is amended to read: 18.33 Subd. 5. [SPECIAL ELECTION.] This section does not 18.34 applyto a candidate or a candidate's principal campaign18.35committeein a legislative special election during the period 18.36 beginning when the person becomes a candidate in the special 19.1 election and ending on the day of the special election. 19.2 Sec. 33. Minnesota Statutes 2000, section 10A.28, 19.3 subdivision 1, is amended to read: 19.4 Subdivision 1. [EXCEEDING EXPENDITURE LIMITS.] A candidate 19.5 subject to the expenditure limits in section 10A.25 who permits 19.6 the candidate's principal campaign committee to make 19.7 expenditures or permits approved expenditures to be made on the 19.8 candidate's behalf in excess of the limits imposed by section 19.9 10A.25, as adjusted by section 10A.255, is subject to a civil 19.10finepenalty up to four times the amount by which the 19.11 expenditures exceeded the limit. 19.12 Sec. 34. Minnesota Statutes 2000, section 10A.28, 19.13 subdivision 2, is amended to read: 19.14 Subd. 2. [EXCEEDING CONTRIBUTION LIMITS.] A candidate who 19.15 permits the candidate's principal campaign committee to accept 19.16 contributions in excess of the limits imposed by section 10A.27 19.17 is subject to a civilfinepenalty of up to four times the 19.18 amount by which the contribution exceeded the limits. 19.19 Sec. 35. Minnesota Statutes 2000, section 10A.28, 19.20 subdivision 4, is amended to read: 19.21 Subd. 4. [CIVIL ACTION.] If the board is unable after a 19.22 reasonable time to correct by informal methods a matter that 19.23 constitutes probable cause to believe that excess expenditures 19.24 have been made or excess contributions accepted contrary to 19.25 subdivision 1 or 2, the board must make a public finding of 19.26 probable cause in the matter. After making a public finding, 19.27 the board must bring an action, or transmit the finding to a 19.28 county attorney who must bring an action, in the district court 19.29 of Ramsey county or, in the case of a legislative candidate, the 19.30 district court of a county within the legislative district, to 19.31 collect a civilfinepenalty as imposed by the board under 19.32 subdivision 1 or 2. All money recovered under this section must 19.33 be deposited in the general fund of the state treasury. 19.34 Sec. 36. Minnesota Statutes 2000, section 10A.29, is 19.35 amended to read: 19.36 10A.29 [CIRCUMVENTION PROHIBITED.] 20.1Any attempt byAn individual or association that attempts 20.2 to circumvent this chapter by redirecting a contribution 20.3 through, or making a contribution on behalf of, another 20.4 individual or association is guilty of a gross misdemeanor and 20.5 subject to a civil penalty imposed by the board of up to $3,000. 20.6 Sec. 37. Minnesota Statutes 2001 Supplement, section 20.7 10A.31, subdivision 7, is amended to read: 20.8 Subd. 7. [DISTRIBUTION OF GENERAL ACCOUNT.] (a) As soon as 20.9 the board has obtained the results of the primary election from 20.10 the secretary of state, but no later than one week after 20.11 certification of the primary results by the state canvassing 20.12 board, the board must distribute the available money in the 20.13 general account, as certified by the commissioner of revenue on 20.14 September 1 and according to allocations set forth in 20.15 subdivision 5, in equal amounts to all candidates of a major 20.16 political party whose names are to appear on the ballot in the 20.17 general election and who: 20.18 (1) have signed a spending limit agreement under section 20.19 10A.322; 20.20 (2) have filed the affidavit of contributions required by 20.21 section 10A.323; and 20.22 (3)have filed the agreement required under paragraph (c);20.23and20.24(4)were opposed in either the primary election or the 20.25 general election. 20.26 (b) The public subsidy under this subdivision may not be 20.27 paid in an amount that would cause the sum of the public subsidy 20.28 paid from the party account plus the public subsidy paid from 20.29 the general account to exceed 50 percent of the expenditure 20.30 limit for the candidate or 50 percent of the expenditure limit 20.31 that would have applied to the candidate if the candidate had 20.32 not been freed from expenditure limits under section 10A.25, 20.33 subdivision 10. Money from the general account not paid to a 20.34 candidate because of the 50 percent limit must be distributed 20.35 equally among all other qualifying candidates for the same 20.36 office until all have reached the 50 percent limit or the 21.1 balance in the general account is exhausted. 21.2 (c)No later than one week after the primary results have21.3been certified by the state canvassing board, a candidate21.4wishing to receive money distributed by the board under this21.5subdivision must execute and file an agreement with the board.21.6The agreement must provide that:21.7(1) if theA candidatedoes notmust expend orpromise to21.8disbursebecome obligated to expend at least an amount equal to 21.9 50 percent of the money distributed by the board under this 21.10 subdivision no later than the end of the final reporting period 21.11 preceding the general election, then. Otherwise, the candidate 21.12agrees tomust repay to the boardthe remainder of the moneythe 21.13 difference between the amount the candidate spent or became 21.14 obligated to spend by the deadline and the amount distributed to 21.15 the candidate under this subdivision. The candidate must make 21.16 the repayment no later than six months followingthe date ofthe 21.17 general election; and21.18(2). The candidateagrees tomust reimburse the board for 21.19 all reasonable costs, including litigation costs, incurred in 21.20 collecting any amount duefollowing that date. 21.21 If the board determines that a candidate has failed to 21.22 repay money as required byan agreement underthis 21.23subdivisionparagraph, the board may not distribute any 21.24 additional money to the candidateunder this subdivisionuntil 21.25 the entirety of theunexpended money is repaid or21.26dischargedrepayment has been made. 21.27 Sec. 38. Minnesota Statutes 2000, section 10A.322, 21.28 subdivision 1, is amended to read: 21.29 Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) As a 21.30 condition of receiving a public subsidy, a candidate must sign 21.31 and file with the board a written agreement in which the 21.32 candidate agrees that the candidate will comply with sections 21.33 10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph 21.34 (c); and 10A.324. 21.35 (b) Before the first day of filing for office, the board 21.36 must forward agreement forms to all filing officers. The board 22.1 must also provide agreement forms to candidates on request at 22.2 any time. The candidate must file the agreement with the board 22.3 by September 1 preceding the candidate's general election or a 22.4 special election held at the general election. An agreement may 22.5 not be filed after that date. An agreement once filed may not 22.6 be rescinded. 22.7 (c) The board must notify the commissioner of revenue of 22.8 any agreement signed under this subdivision. 22.9 (d) Notwithstanding paragraph (b), if a vacancy occurs that 22.10 will be filled by means of a special election and the filing 22.11 period does not coincide with the filing period for the general 22.12 election, a candidate may sign and submit a spending limit 22.13 agreement not later than the day after the candidate files the 22.14 affidavit of candidacy or nominating petition for the office. 22.15 Sec. 39. Minnesota Statutes 2000, section 10A.323, is 22.16 amended to read: 22.17 10A.323 [AFFIDAVIT OF CONTRIBUTIONS.] 22.18 In addition to the requirements of section 10A.322, to be 22.19 eligible to receive a public subsidy under section 10A.31 a 22.20 candidate or the candidate's treasurer must file an affidavit 22.21 with the board stating that during that calendar year the 22.22 candidate has accumulated contributions from persons eligible to 22.23 vote in this state in at least the amount indicated for the 22.24 office sought, counting only the first $50 received from each 22.25 contributor: 22.26 (1) candidates for governor and lieutenant governor running 22.27 together, $35,000; 22.28 (2) candidates for attorney general, $15,000; 22.29 (3) candidates for secretary of state and state auditor, 22.30 separately, $6,000; 22.31 (4) candidates for the senate, $3,000; and 22.32 (5) candidates for the house of representatives, $1,500. 22.33 The affidavit must state the total amount of contributions 22.34 that have been received from persons eligible to vote in this 22.35 state, disregarding the portion of any contribution in excess of 22.36 $50. 23.1 The candidate or the candidate's treasurer must submit the 23.2 affidavit required by this section to the board in writing by 23.3 September 1 of the general election yearto receive the payment23.4made following the primary election and by November 1 to receive23.5the payment made following the general election. 23.6 A candidate for a vacancy to be filled at a special 23.7 election for which the filing period does not coincide with the 23.8 filing period for the general election must submit the affidavit 23.9 required by this section to the board within five days after 23.10 filing the affidavit of candidacy. 23.11 Sec. 40. Minnesota Statutes 2000, section 356A.06, 23.12 subdivision 4, is amended to read: 23.13 Subd. 4. [ECONOMIC INTEREST STATEMENT.] (a) Each member of 23.14 the governing board of a covered pension plan and the chief 23.15 administrative officer of the plan shall file with the plan a 23.16 statement of economic interest. 23.17 (b) For a covered pension plan other than a plan specified 23.18 in paragraph (c), the statement must contain the information 23.19 required by section 10A.09, subdivision 5, and any other 23.20 information that the fiduciary or the governing board of the 23.21 plan determines is necessary to disclose a reasonably 23.22 foreseeable potential or actual conflict of interest. 23.23 (c) For a covered pension plan governed by sections 69.771 23.24 to 69.776 or a covered pension plan governed by section 69.77 23.25 with assets under $8,000,000, the statement must contain the 23.26 following: 23.27 (1) the person's principal occupation and principal place 23.28 of business; 23.29 (2) whether or not the person has an ownership of or 23.30 interest of ten percent or greater in an investment security 23.31 brokerage business, a real estate sales business, an insurance 23.32 agency, a bank, a savings and loan, or another financial 23.33 institution; and 23.34 (3) any relationship or financial arrangement that can 23.35 reasonably be expected to give rise to a conflict of interest. 23.36 (d) The statement must be filed annually with the chief 24.1 administrative officer of the plan and be available for public 24.2 inspection during regular office hours at the office of the 24.3 pension plan. 24.4 (e) A disclosure form meeting the requirements of the 24.5 federal Investment Advisers Act of 1940, United States Code, 24.6 title 15, sections 80b-1 to 80b-21 as amended, and filed with 24.7 the state board of investment or the pension plan meets the 24.8 requirements of this subdivision. 24.9 (f) The chief administrative officer of each covered 24.10 pension plan, by January 15, annually, shall transmit acopy24.11 certified listing of all individuals who have filed statements 24.12 of economic interestreceived bywith the plan under this 24.13 subdivision during the preceding 12 months to the campaign 24.14 finance and public disclosure board. 24.15 Sec. 41. [TRANSITION.] 24.16 A candidate who signed and filed with the campaign finance 24.17 and public disclosure board a spending limit agreement for the 24.18 election cycle ending December 31, 2002, before the effective 24.19 date of this act is governed by the provisions of Minnesota 24.20 Statutes 2000, section 10A.31, subdivision 7, as they existed 24.21 before the amendments made by Laws 2001, First Special Session 24.22 chapter 10, article 18, section 2, and this act, until the 24.23 candidate signs a new spending limit agreement after the 24.24 effective date of this act.