Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 214-H.F.No. 283 
           An act relating to elections; requiring 
          confidentiality of certain matters before the ethical 
          practices board; raising certain campaign contribution 
          disclosure limits; changing the method of calculating 
          certain campaign expenditure limits; amending 
          Minnesota Statutes 1986, sections 10A.02, subdivision 
          11; 10A.12, subdivision 5; 10A.20, subdivisions 3 and 
          5; 10A.25, subdivisions 2 and 7; 10A.255; 10A.32, 
          subdivision 3; and 383B.048, subdivision 2; proposing 
          coding for new law in Minnesota Statutes, chapter 210A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 10A.02, 
subdivision 11, is amended to read:  
    Subd. 11.  The board may investigate any alleged violation 
of this chapter.  The board shall investigate any violation 
which is alleged in a written complaint filed with the board 
and, except for alleged violations of section 10A.25 or 10A.27, 
shall within 30 days after the filing of the complaint make a 
public finding of whether or not there is probable cause to 
believe a violation has occurred.  In the case of a written 
complaint alleging a violation of section 10A.25 or 10A.27, the 
board shall either enter a conciliation agreement or make a 
public finding of whether or not there is probable cause, within 
60 days of the filing of the complaint.  The deadline for action 
on any written complaint may be extended by majority vote of the 
board.  Within a reasonable time after beginning an 
investigation of an individual or association, the board shall 
notify that individual or association of the fact of the 
investigation. The board shall make no finding of whether or not 
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.  Any hearing or action of the board concerning any 
complaint or investigation other than a finding concerning 
probable cause or a conciliation agreement shall be 
confidential.  Until the board makes a public finding concerning 
probable cause or enters a conciliation agreement: 
    (a) No member, employee or agent of the board shall 
disclose to any individual any information obtained by that 
member, employee or agent concerning any complaint or 
investigation except as required to carry out the investigation 
or take action in the matter as authorized by this chapter; and 
    (b) No individual who files or is the subject of any 
written complaint or supplies information to the board 
concerning a complaint or investigation shall disclose to any 
other individual any information supplied to or received from 
the board concerning the complaint or investigation; and 
    (c) Notwithstanding the provisions of clause (b), any 
individual subject to the provisions of that clause may reveal 
any information to the individual's attorney or another 
individual from whom advice or guidance is sought in the matter, 
or to any other individual who is subject to the provisions of 
clause (b) with respect to the same complaint or investigation; 
provided that any individual to whom information concerning a 
complaint or investigation is revealed as provided in this 
clause shall not disclose that information to any other 
individual. 
    (b) Any individual who discloses information contrary to 
the provisions of this subdivision shall be guilty of a 
misdemeanor.  Except as provided in section 10A.28, after the 
board makes a public finding of probable cause the board shall 
report that finding to the appropriate law enforcement 
authorities. 
    Sec. 2.  Minnesota Statutes 1986, section 10A.12, 
subdivision 5, is amended to read:  
    Subd. 5.  Notwithstanding subdivision 1, any association 
may, if not prohibited by other law, deposit in its political 
fund money derived from dues or membership fees.  Pursuant to 
section 10A.20, the treasurer of the fund shall disclose the 
name of any member whose dues, membership fees and contributions 
deposited in the political fund together exceed $50 $100 in any 
one year. 
    Sec. 3.  Minnesota Statutes 1986, section 10A.20, 
subdivision 3, is amended to read:  
    Subd. 3.  Each report under this section shall disclose: 
    (a) The amount of liquid assets on hand at the beginning of 
the reporting period; 
    (b) The name, address and employer, or occupation if 
self-employed, of each individual, political committee or 
political fund who within the year has made one or more 
transfers or donations in kind to the political committee or 
political fund, including the purchase of tickets for all fund 
raising efforts, which in aggregate exceed $50 for legislative 
candidates or $100 for legislative or statewide candidates or 
ballot questions, together with the amount and date of each 
transfer or donation in kind, and the aggregate amount of 
transfers and donations in kind within the year from each source 
so disclosed.  A donation in kind shall be disclosed at its fair 
market value.  An approved expenditure is listed as a donation 
in kind.  A donation in kind is considered consumed in the 
reporting period in which it is received.  The names of 
contributors shall be listed in alphabetical order; 
    (c) The sum of contributions to the political committee or 
political fund during the reporting period; 
    (d) Each loan made or received by the political committee 
or political fund within the year in aggregate in excess of 
$100, continuously reported until repaid or forgiven, together 
with the name, address, occupation and the principal place of 
business, if any, of the lender and any endorser and the date 
and amount of the loan.  If any loan made to the principal 
campaign committee of a candidate is forgiven at any time or 
repaid by any entity other than that principal campaign 
committee, it shall be reported as a contribution for the year 
in which the loan was made; 
    (e) Each receipt in excess of $100 not otherwise listed 
under clauses (b) to (d); 
    (f) The sum of all receipts of the political committee or 
political fund during the reporting period; 
    (g) The name and address of each individual or association 
to whom aggregate expenditures, including approved expenditures, 
have been made by or on behalf of the political committee or 
political fund within the year in excess of $100, together with 
the amount, date and purpose of each expenditure and the name 
and address of, and office sought by, each candidate on whose 
behalf the expenditure was made, identification of the ballot 
question which the expenditure is intended to promote or defeat, 
and in the case of independent expenditures made in opposition 
to a candidate, the name, address and office sought for each 
such candidate; 
    (h) The sum of all expenditures made by or on behalf of the 
political committee or political fund during the reporting 
period; 
    (i) The amount and nature of any advance of credit incurred 
by the political committee or political fund, continuously 
reported until paid or forgiven.  If any advance of credit 
incurred by the principal campaign committee of a candidate is 
forgiven at any time by the creditor or paid by any entity other 
than that principal campaign committee, it shall be reported as 
a donation in kind for the year in which the advance of credit 
was incurred; 
    (j) The name and address of each political committee, 
political fund, or principal campaign committee to which 
aggregate transfers in excess of $100 have been made within the 
year, together with the amount and date of each transfer; 
    (k) The sum of all transfers made by the political 
committee, political fund, or principal campaign committee 
during the reporting period; 
    (l) For principal campaign committees only, the sum of 
noncampaign disbursements made in each category listed in 
section 10A.01, subdivision 10c during the reporting period; and 
    (m) The sum of all noncampaign disbursements made by the 
political committee, political fund, or principal campaign 
committee during the reporting period. 
    Sec. 4.  Minnesota Statutes 1986, section 10A.20, 
subdivision 5, is amended to read:  
    Subd. 5.  In any statewide election any contribution or 
contributions from any one source totaling $2,000 or more, or in 
any legislative election totaling $200 or more than $400, 
received between the last day covered in the last report prior 
to an election and the election shall be reported to the board 
in one of the following ways: 
    (1) in person within 48 hours after its receipt; 
    (2) by telegram or mailgram within 48 hours after its 
receipt; or 
    (3) by certified mail sent within 48 hours after its 
receipt. 
    These contributions must also be reported in the next 
required report. 
    Sec. 5.  Minnesota Statutes 1986, section 10A.25, 
subdivision 2, is amended to read:  
    Subd. 2.  In a year in which an election is held for an 
office sought by a candidate, no expenditures shall be made by 
the principal campaign committee of that candidate, nor any 
approved expenditures made on behalf of that candidate which 
expenditures and approved expenditures result in an aggregate 
amount in excess of the following: 
    (a) For governor and lieutenant governor, running together, 
12-1/2 cents per capita or $600,000, whichever is greater; 
    (b) For attorney general, 2-1/2 cents per capita 
or $100,000, whichever is greater; 
    (c) For secretary of state, state treasurer, and state 
auditor, separately, 1-1/4 cents per capita or $50,000, 
whichever is greater; 
    (d) For state senator, 20 cents per capita or $15,000, 
whichever is greater; 
    (e) For state representative, 20 cents per capita 
or $7,500, whichever is greater. 
    Sec. 6.  Minnesota Statutes 1986, section 10A.25, 
subdivision 7, is amended to read: 
    Subd. 7.  On or before December 1 of each year, the state 
demographer shall certify to the board the estimated population 
of the state of Minnesota for the next calendar year.  On or 
before December 31 of each year the board shall determine and 
publish in the State Register the expenditure limits for each 
office for the next calendar year as prescribed by subdivision 
2, using the following estimated population figures: 
    (a) For the offices of governor and lieutenant governor, 
attorney general, secretary of state, state treasurer and state 
auditor, the total estimated population of the state; 
    (b) For the office of state senator, 1/67 of the total 
estimated population of the state; 
    (c) For the office of state representative, 1/134 of the 
total estimated population of the state.  The limits shall be 
rounded off to the nearest $100. 
    Sec. 7.  Minnesota Statutes 1986, section 10A.255, is 
amended to read:  
    10A.255 [ADJUSTMENT BY CONSUMER PRICE INDEX.] 
    Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
provided in section 10A.25, subdivision 2, shall must be 
adjusted for general election year 1984 and subsequent general 
election years as provided in this section.  By June 1 of the 
general election year, the executive director of the board shall 
determine the percentage increase in the consumer price index 
from April December of the last year preceding the general 
election year to April December of the year preceding the year 
in which the determination is made.  The dollar amounts used for 
the preceding general election year shall must be multiplied by 
that percentage.  The product of the calculation shall must be 
added to each dollar amount to produce the dollar limitations to 
be in effect for the next general election.  The product shall 
must be rounded up to the next highest whole dollar.  The index 
used shall must be the revised consumer price index for all 
urban consumers for the St. Paul-Minneapolis metropolitan area 
prepared by the United States Department of Labor with 1967 as a 
base year. 
    Subd. 2.  [TRANSITIONAL PERIOD.] (a) The dollar amounts 
provided in section 10A.25, subdivision 2, shall must be 
adjusted for 1982 1988 in the manner provided in subdivision 1, 
except that the percentage increase in the consumer price 
index shall must be determined from April of 1974 1986 to 
April December of 1982 1987 and the adjustment shall must be 
calculated by the executive director by June 1, 1982 1988. 
    (b) Except for the office of state representative in the 
legislature, the dollar amounts provided in section 10A.25, 
subdivision 2 must be adjusted for 1990 in the manner provided 
in subdivision 1, except that the percentage increase in the 
consumer price index must be determined from April of 1986 to 
December of 1989 and the adjustment must be calculated by the 
executive director by June 1, 1990. 
     Sec. 8.  Minnesota Statutes 1986, section 10A.32, 
subdivision 3, is amended to read: 
    Subd. 3.  As a condition of receiving any money from the 
state elections campaign fund, a candidate shall agree by 
stating in writing to the board that (a)  the candidate's 
expenditures and approved expenditures shall not exceed the 
expenditure limits as set forth in section 10A.25 and that (b)  
the candidate shall not accept contributions or allow approved 
expenditures to be made on the candidate's behalf for the period 
beginning with January 1 of the election year or with the 
registration of the candidate's principal campaign committee, 
whichever occurs later, and ending December 31 of the election 
year, which aggregate contributions and approved expenditures 
exceed the difference between the amount in excess of 25 percent 
of the expenditure limits set forth in section 10A.25, but not 
exceeding $15,000, which may legally be expended by or for the 
candidate, and the amount which the candidate receives from the 
state elections campaign fund.  The agreement, insofar as it 
relates to the expenditure limits set forth in section 10A.25, 
remains effective until the dissolution of the principal 
campaign committee of the candidate or the opening of filings 
for the next succeeding election to the office held or sought at 
the time of agreement, whichever occurs first.  Money in the 
account of the principal campaign committee of a candidate on 
January 1 of the election year for the office held or sought 
shall be considered contributions accepted by that candidate in 
that year for the purposes of this subdivision.  That amount of 
all contributions accepted by a candidate in an election year 
which equals the amount of noncampaign disbursements and 
contributions and expenditures to promote or defeat a ballot 
question which are made by that candidate in that year shall not 
count toward the aggregate contributions and approved 
expenditure limit imposed by this subdivision.  Any amount by 
which the aggregate contributions and approved expenditures 
agreed to under clause (b) exceed the difference shall be 
returned to the state treasurer in the manner provided in 
subdivision 2.  In no case shall the amount returned exceed the 
amount received from the state elections campaign fund. 
    The candidate may submit the signed agreement to the filing 
officer on the day of filing the affidavit of candidacy or 
petition to appear on the ballot, or to the board no later than 
September 1. 
    The board prior to the first day of filing for office shall 
forward forms for the agreement to all filing officers.  The 
filing officer shall without delay forward signed agreements to 
the board.  An agreement may not be rescinded after September 1. 
    For the purposes of this subdivision only, the total amount 
to be distributed to each candidate is calculated to be the 
candidate's share of the total estimated funds in the 
candidate's party account as provided in subdivision 3a, plus 
the total amount estimated as provided in subdivision 3a to be 
in the general account of the state elections campaign fund and 
set aside for that office divided by the number of candidates 
whose names are to appear on the general election ballot for 
that office.  If for any reason the amount actually received by 
the candidate is greater than the candidate's share of the 
estimate, and the contributions thereby exceed the difference, 
the agreement shall not be considered violated. 
    Sec. 9.  [210A.265] [REPORTING CONTRIBUTIONS FOR COUNTY 
CANDIDATES.] 
    Notwithstanding any law to the contrary, a candidate for 
county office is not required to record or report the name, 
address, or employer, or occupation if self-employed, of an 
individual, political committee, or political fund who makes a 
contribution or donation in kind to the candidate or the 
candidate's campaign committee, including the purchase of 
tickets for fund-raising efforts, that in aggregate does not 
exceed $50.  The value of a donation in kind is its fair market 
value. 
     Sec. 10.  Minnesota Statutes 1986, section 383B.048, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTENT OF REPORTS.] Each campaign report 
required under this section shall disclose: 
    (a) The amount of liquid assets on hand at the beginning of 
the reporting period; 
    (b) The name, address and employer, or occupation if 
self-employed, of each individual, committee or political fund 
that made transfers or donations in kind to the political 
committee in an aggregate amount or value in excess of $50 $100, 
together with the amount and date; 
    (c) The sum of all contributions made to the political 
committee or political fund; 
    (d) Each loan made or received by the political committee 
or political fund within the year in aggregate in excess of 
$100, together with the name, address, occupation and the 
principal place of business, if any, of the lender and any 
endorser and the date and amount of the loan.  A loan made to a 
political committee or political fund which is forgiven or is 
repaid by an entity other than that political committee or fund 
shall be reported as a contribution; 
    (e) The sum of all receipts, including all contributions 
and loans, during the reporting period; 
    (f) The name and address of each person to whom aggregate 
expenditures have been made by or on behalf of the political 
committee or fund within the year in excess of $100, the amount, 
date and purpose of each expenditure and the ballot question or 
the name and address of the candidate supported or opposed by 
the expenditure; 
    (g) The sum of all expenditures made by the political 
committee or fund; 
    (h) The amount and nature of any advance of credit incurred 
by the political committee or fund continuously reported until 
paid or forgiven.  An advance of credit incurred by a political 
committee or fund which is forgiven or is paid by an entity 
other than that political committee or fund shall be reported as 
a donation in kind; 
    (i) The name and address of each political committee or 
fund to which aggregate transfers in excess of $100 have been 
made within the year, together with the amount and date of each 
transfer; 
    (j) The sum of all transfers made to political committees 
or funds; and 
    (k) The sum of all disbursements not made to influence the 
outcome of an election. 
    Approved May 26, 1987