Minnesota Legislature
SF 3783
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to elections; transferring functions of the Campaign Finance and Public
Disclosure Board to the legislative auditor; making conforming changes;
amending Minnesota Statutes 2006, section 10A.02, subdivisions 5, 7, 8, 9, 10,
11, 11a, 12, 12a, 13, 14, 15; repealing Minnesota Statutes 2006, sections 10A.01,
subdivision 8; 10A.02, subdivisions 1, 2, 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 10A.02, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Executive director;deleted text end Staff.
deleted text begin The board must appoint an executive director.
The executive director is in the unclassified service. The executive director serves as
secretary of the board and must keep a record of all proceedings and actions by the
board.deleted text end new text begin The legislative auditor is responsible to administer and enforce this chapter.new text end The
deleted text begin boarddeleted text end new text begin legislative auditornew text end may deleted text begin alsodeleted text end employ and prescribe the duties of other permanent or
temporary employees in the unclassified service as may be necessary to administer this
chapter, subject to appropriation. deleted text begin The executive director and all other employees serve at
the pleasure of the board. Expenses of the board must be approved by the chair or another
member as the rules of the board may provide and the expenses must then be paid in the
same manner as other state expenses are paid.
deleted text end
Sec. 2.
Minnesota Statutes 2006, section 10A.02, subdivision 7, is amended to read:
Subd. 7.
Political activity.
All deleted text begin members anddeleted text end employees of the deleted text begin boarddeleted text end new text begin legislative
auditor employed to administer this chapter new text end are subject to any provisions of law regulating
political activity by state employeesdeleted text begin . In addition, no member or employee of the boarddeleted text end
new text begin and new text end maynew text begin notnew text end be a candidate for, or holder of, (1) a national, state, congressional district,
legislative district, county, or precinct office in a political party, or (2) an elected public
office for which party designation is required by statute.
Sec. 3.
Minnesota Statutes 2006, section 10A.02, subdivision 8, is amended to read:
Subd. 8.
Duties.
(a) The deleted text begin boarddeleted text end new text begin legislative auditornew text end must report at the close of each
fiscal year to the legislature, the governor, and the public concerning the action deleted text begin it hasdeleted text end
taken, the names, salaries, and duties of all individuals deleted text begin in its employdeleted text end new text begin employednew text end , and deleted text begin thedeleted text end
money deleted text begin it hasdeleted text end disbursed. The deleted text begin boarddeleted text end new text begin legislative auditornew text end must include and identify in its
report any other reports deleted text begin it hasdeleted text end made during the fiscal year. deleted text begin Itdeleted text end new text begin The legislative auditornew text end may
indicate apparent abuses and offer legislative recommendations.
(b) The deleted text begin boarddeleted text end new text begin legislative auditornew text end must prescribe forms for statements and reports
required to be filed under this chapter and make the forms available to individuals required
to file them.
(c) The deleted text begin boarddeleted text end new text begin legislative auditornew text end must make available to the individuals required to
file the reports and statements a manual setting forth the recommended uniform methods
of bookkeeping and reporting.
(d) The deleted text begin boarddeleted text end new text begin legislative auditornew text end must develop a filing, coding, and cross-indexing
system consistent with the purposes of this chapter.
(e) The deleted text begin boarddeleted text end new text begin legislative auditornew text end must make the reports and statements filed deleted text begin with itdeleted text end new text begin
under this chapternew text end available for public inspection and copying by the end of the second
day following the day on which they were received. An individual may copy a report
or statement by hand or by duplicating machine and the deleted text begin boarddeleted text end new text begin legislative auditornew text end must
provide duplicating services at cost for this purpose.
(f) Notwithstanding section 138.163, the deleted text begin boarddeleted text end new text begin legislative auditornew text end must preserve
reports and statements for a period of five years from the date of receipt.
(g) The deleted text begin boarddeleted text end new text begin legislative auditornew text end must compile and maintain a current list and
summary of all statements or parts of statements pertaining to each candidate.
(h) The deleted text begin boarddeleted text end new text begin legislative auditornew text end may prepare and publish reports deleted text begin itdeleted text end new text begin the legislative
auditornew text end considers appropriate.
Sec. 4.
Minnesota Statutes 2006, section 10A.02, subdivision 9, is amended to read:
Subd. 9.
Documents; information.
The deleted text begin executive directordeleted text end new text begin legislative auditornew text end must
inspect all material filed with the deleted text begin boarddeleted text end new text begin legislative auditornew text end as promptly as necessary to
comply with this chapter and other provisions of law requiring the filing of a document with
the deleted text begin boarddeleted text end new text begin legislative auditornew text end . The deleted text begin executive directordeleted text end new text begin legislative auditornew text end must immediately
notify the individual required to file a document with the deleted text begin boarddeleted text end new text begin legislative auditornew text end if
a written complaint is filed with the deleted text begin boarddeleted text end new text begin legislative auditornew text end alleging, or it otherwise
appears, that a document filed with the deleted text begin boarddeleted text end new text begin legislative auditornew text end is inaccurate or does not
comply with this chapter, or that the individual has failed to file a document required by
this chapter. The deleted text begin executive directordeleted text end new text begin legislative auditornew text end may provide an individual required
to file a document under this chapter with factual information concerning the limitations
on corporate campaign contributions imposed by section 211B.15.
Sec. 5.
Minnesota Statutes 2006, section 10A.02, subdivision 10, is amended to read:
Subd. 10.
Audits and investigations.
The deleted text begin boarddeleted text end new text begin legislative auditornew text end may make
audits and investigations with respect to statements and reports that are filed or that should
have been filed under this chapter. In all matters relating to deleted text begin itsdeleted text end official duties, the deleted text begin boarddeleted text end new text begin
legislative auditornew text end has the power to issue subpoenas and cause them to be served. If a
person does not comply with a subpoena, the deleted text begin boarddeleted text end new text begin legislative auditornew text end may apply to the
District Court of Ramsey County for issuance of an order compelling obedience to the
subpoena. A person failing to obey the order is punishable by the court as for contempt.
Sec. 6.
Minnesota Statutes 2006, section 10A.02, subdivision 11, is amended to read:
Subd. 11.
Violations; enforcement.
(a) The deleted text begin boarddeleted text end new text begin legislative auditornew text end may
investigate any alleged violation of this chapter. The deleted text begin boarddeleted text end new text begin legislative auditornew text end must
investigate any violation that is alleged in a written complaint filed with the deleted text begin boarddeleted text end new text begin
legislative auditornew text end and must within 30 days after the filing of the complaint make a public
finding of whether there is probable cause to believe a violation has occurred, except that
if the complaint alleges a violation of section 10A.25 or 10A.27, the deleted text begin boarddeleted text end new text begin legislative
auditornew text end must either enter a conciliation agreement or make a public finding of whether
there is probable cause, within 60 days after the filing of the complaint. deleted text begin The deadline for
action on a written complaint may be extended by majority vote of the board.deleted text end
(b) Within a reasonable time after beginning an investigation of an individual or
association, the deleted text begin boarddeleted text end new text begin legislative auditornew text end must notify the individual or association of
the fact of the investigation. The deleted text begin boarddeleted text end new text begin legislative auditornew text end must not make a finding of
whether there is probable cause to believe a violation has occurred without notifying the
individual or association of the nature of the allegations and affording an opportunity to
answer those allegations.
(c) A hearing or action of the deleted text begin boarddeleted text end new text begin legislative auditornew text end concerning a complaint or
investigation other than a finding concerning probable cause or a conciliation agreement
is confidential. Until the deleted text begin boarddeleted text end new text begin legislative auditornew text end makes a public finding concerning
probable cause or enters a conciliation agreement:
(1) a member, employee, or agent of the deleted text begin boarddeleted text end new text begin legislative auditornew text end must not disclose
to an individual information obtained by that member, employee, or agent concerning a
complaint or investigation except as required to carry out the investigation or take action
in the matter as authorized by this chapter; and
(2) an individual who discloses information contrary to this subdivision is subject to
a civil penalty imposed by the deleted text begin boarddeleted text end new text begin legislative auditornew text end of up to $1,000.
Sec. 7.
Minnesota Statutes 2006, section 10A.02, subdivision 11a, is amended to read:
Subd. 11a.
Data privacy.
If, after making a public finding concerning probable
cause or entering a conciliation agreement, the deleted text begin boarddeleted text end new text begin legislative auditornew text end determines that
the record of the investigation contains statements, documents, or other matter that,
if disclosed, would unfairly injure the reputation of an innocent individual, the deleted text begin boarddeleted text end new text begin
legislative auditornew text end may:
(1) retain the statement, document, or other matter as a private record, as defined in
section 13.02, subdivision 12, for a period of one year, after which it must be destroyed; or
(2) return the statement, document, or other matter to the individual who supplied it
to the deleted text begin boarddeleted text end new text begin legislative auditornew text end .
Sec. 8.
Minnesota Statutes 2006, section 10A.02, subdivision 12, is amended to read:
Subd. 12.
Advisory opinions.
(a) The deleted text begin boarddeleted text end new text begin legislative auditornew text end may issue
and publish advisory opinions on the requirements of this chapter based upon real or
hypothetical situations. An application for an advisory opinion may be made only by an
individual or association who wishes to use the opinion to guide the individual's or the
association's own conduct. The deleted text begin boarddeleted text end new text begin legislative auditornew text end must issue written opinions on all
such questions submitted to it within 30 days after receipt of written application, unless
deleted text begin a majority ofdeleted text end the deleted text begin boarddeleted text end new text begin legislative auditornew text end agrees to extend the time limit.
(b) A written advisory opinion issued by the deleted text begin boarddeleted text end new text begin legislative auditornew text end is binding on
the deleted text begin boarddeleted text end new text begin legislative auditornew text end in a subsequent deleted text begin boarddeleted text end proceeding concerning the person
making or covered by the request and is a defense in a judicial proceeding that involves
the subject matter of the opinion and is brought against the person making or covered by
the request unless:
(1) the deleted text begin boarddeleted text end new text begin legislative auditornew text end has amended or revoked the opinion before the
initiation of the deleted text begin boarddeleted text end new text begin legislative auditornew text end or judicial proceeding, has notified the person
making or covered by the request of its action, and has allowed at least 30 days for the
person to do anything that might be necessary to comply with the amended or revoked
opinion;
(2) the request has omitted or misstated material facts; or
(3) the person making or covered by the request has not acted in good faith in
reliance on the opinion.
(c) A request for an opinion and the opinion itself are nonpublic data. The deleted text begin boarddeleted text end new text begin
legislative auditornew text end , however, may publish an opinion or a summary of an opinion, but may
not include in the publication the name of the requester, the name of a person covered
by a request from an agency or political subdivision, or any other information that might
identify the requester, unless the person consents to the inclusion.
Sec. 9.
Minnesota Statutes 2006, section 10A.02, subdivision 12a, is amended to read:
Subd. 12a.
Advisory opinions; rules.
If the deleted text begin boarddeleted text end new text begin legislative auditornew text end intends
to apply principles of law or policy announced in an advisory opinion issued under
subdivision 12 more broadly than to the individual or association to whom the opinion
was issued, the deleted text begin boarddeleted text end new text begin legislative auditornew text end must adopt these principles or policies as rules
under chapter 14.
Sec. 10.
Minnesota Statutes 2006, section 10A.02, subdivision 13, is amended to read:
Subd. 13.
Rules.
Chapter 14 applies to the deleted text begin boarddeleted text end new text begin legislative auditornew text end . The deleted text begin boarddeleted text end new text begin
legislative auditornew text end may adopt rules to carry out the purposes of this chapter.
Sec. 11.
Minnesota Statutes 2006, section 10A.02, subdivision 14, is amended to read:
Subd. 14.
Legal services.
Notwithstanding section 8.15, the deleted text begin boarddeleted text end new text begin legislative
auditornew text end must not be assessed the cost of legal services rendered to it by the attorney
general's office.
Sec. 12.
Minnesota Statutes 2006, section 10A.02, subdivision 15, is amended to read:
Subd. 15.
Disposition of fees.
The deleted text begin boarddeleted text end new text begin legislative auditornew text end must deposit all fees
collected under this chapter into the general fund in the state treasury.
Sec. 13. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor shall change the terms "board," "Campaign Finance and Public
Disclosure Board," and "executive director" to "legislative auditor" wherever they refer to
the Campaign Finance and Public Disclosure Board or its executive director in Minnesota
Statutes or Minnesota Rules.
new text end
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 10A.01, subdivision 8; and 10A.02, subdivisions
1, 2, 3, and 4,
new text end
new text begin
are repealed.
new text end
Sec. 15. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 14 are effective July 1, 2008.
new text end