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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 363-S.F.No. 3384 
                  An act relating to elections; changing certain 
                  provisions of the campaign finance and public 
                  disclosure law; amending Minnesota Statutes 2000, 
                  sections 10A.01, subdivision 35; 10A.02, subdivision 
                  11; 10A.025, subdivisions 2, 4; 10A.03, subdivision 3; 
                  10A.04, subdivisions 4, 5, 6; 10A.08; 10A.09, 
                  subdivision 7; 10A.11, subdivision 7; 10A.12, 
                  subdivision 6; 10A.13, subdivision 1; 10A.14, 
                  subdivision 4; 10A.15, subdivision 4; 10A.16; 10A.17, 
                  subdivision 5, by adding a subdivision; 10A.18; 
                  10A.20, subdivision 12, by adding subdivisions; 
                  10A.25, subdivision 10, by adding a subdivision; 
                  10A.255, subdivision 1; 10A.27, subdivisions 1, 2, 9, 
                  11, 13; 10A.273, subdivisions 1, 4, 5; 10A.28, 
                  subdivisions 1, 2, 4; 10A.29; 10A.322, subdivision 1; 
                  10A.323; 356A.06, subdivision 4; Minnesota Statutes 
                  2001 Supplement, section 10A.31, subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 10A.01, 
        subdivision 35, is amended to read: 
           Subd. 35.  [PUBLIC OFFICIAL.] "Public official" means any: 
           (1) member of the legislature; 
           (2) individual employed by the legislature as secretary of 
        the senate, legislative auditor, chief clerk of the house, 
        revisor of statutes, or researcher, legislative analyst, or 
        attorney in the office of senate counsel and research or house 
        research; 
           (3) constitutional officer in the executive branch and the 
        officer's chief administrative deputy; 
           (4) solicitor general or deputy, assistant, or special 
        assistant attorney general; 
           (5) commissioner, deputy commissioner, or assistant 
        commissioner of any state department or agency as listed in 
        section 15.01 or 15.06; 
           (6) member, chief administrative officer, or deputy chief 
        administrative officer of a state board or commission that has 
        either the power to adopt, amend, or repeal rules under chapter 
        14, or the power to adjudicate contested cases or appeals under 
        chapter 14; 
           (7) individual employed in the executive branch who is 
        authorized to adopt, amend, or repeal rules under chapter 14 or 
        adjudicate contested cases under chapter 14; 
           (8) executive director of the state board of investment; 
           (9) deputy of any official listed in clauses (7) and (8); 
           (10) judge of the workers' compensation court of appeals; 
           (11) administrative law judge or compensation judge in the 
        state office of administrative hearings or referee in the 
        department of economic security; 
           (12) member, regional administrator, division director, 
        general counsel, or operations manager of the metropolitan 
        council; 
           (13) member or chief administrator of a metropolitan 
        agency; 
           (14) director of the division of alcohol and gambling 
        enforcement in the department of public safety; 
           (15) member or executive director of the higher education 
        facilities authority; 
           (16) member of the board of directors or president of 
        Minnesota Technology, Inc.; or 
           (17) member of the board of directors or executive director 
        of the Minnesota state high school league. 
           Sec. 2.  Minnesota Statutes 2000, section 10A.02, 
        subdivision 11, is amended to read: 
           Subd. 11.  [VIOLATIONS; ENFORCEMENT.] (a) The board may 
        investigate any alleged violation of this chapter.  The board 
        must investigate any violation that is alleged in a written 
        complaint filed with the board 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 board 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.  The deadline for 
        action on a written complaint may be extended by majority vote 
        of the board.  
           (b) Within a reasonable time after beginning an 
        investigation of an individual or association, the board must 
        notify the individual or association of the fact of the 
        investigation.  The board 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 board concerning a complaint 
        or investigation other than a finding concerning probable cause 
        or a conciliation agreement is confidential.  Until the board 
        makes a public finding concerning probable cause or enters a 
        conciliation agreement: 
           (1) a member, employee, or agent of the board 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 guilty of a misdemeanor subject to a civil 
        penalty imposed by the board of up to $1,000.  
           (d) Except as provided in section 10A.28, after the board 
        makes a public finding of probable cause the board must report 
        that finding to the appropriate law enforcement authorities. 
           Sec. 3.  Minnesota Statutes 2000, section 10A.025, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY FOR FALSE STATEMENTS.] A report or 
        statement required to be filed under this chapter must be signed 
        and certified as true by the individual required to file the 
        report.  An individual who signs and certifies to be true a 
        report or statement knowing it contains false information or who 
        knowingly omits required information is guilty of a gross 
        misdemeanor and subject to a civil penalty imposed by the board 
        of up to $3,000. 
           Sec. 4.  Minnesota Statutes 2000, section 10A.025, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CHANGES AND CORRECTIONS.] Material changes in 
        information previously submitted and corrections to a report or 
        statement must be reported in writing to the board within ten 
        days following the date of the event prompting the change or the 
        date upon which the person filing became aware of the 
        inaccuracy.  The change or correction must identify the form and 
        the paragraph containing the information to be changed or 
        corrected. 
           A person who willfully fails to report a material change or 
        correction is guilty of a gross misdemeanor and is subject to a 
        civil penalty imposed by the board of up to $3,000.  
           The board must send a notice by certified mail to any 
        individual who fails to file a report required by this 
        subdivision.  If the individual fails to file the required 
        report within ten business days after the notice was sent, the 
        board may impose a late filing fee of $5 per day up to $100 
        starting on the 11th day after the notice was sent.  The board 
        must send an additional notice by certified mail to an 
        individual who fails to file a report within 14 days after the 
        first notice was sent by the board that the individual may be 
        subject to a civil penalty for failure to file a report.  An 
        individual who fails to file a report required by this 
        subdivision within seven days after the second notice was sent 
        by the board is subject to a civil penalty imposed by the board 
        of up to $1,000. 
           Sec. 5.  Minnesota Statutes 2000, section 10A.03, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FAILURE TO FILE.] The board must notify send a 
        notice by certified mail or personal service to any lobbyist who 
        fails to file a registration form within five days after 
        becoming a lobbyist.  If a lobbyist fails to file a form 
        within seven ten business days after receiving this the notice 
        was sent, the board may impose a late filing fee of $5 per day, 
        not to exceed $100, commencing with starting on the eighth 11th 
        day after receiving the notice was sent.  The board must further 
        notify send an additional notice by certified mail or personal 
        service any to a lobbyist who fails to file a form within 21 14 
        days of receiving a after the first notice was sent by the board 
        that the lobbyist may be subject to a criminal civil penalty for 
        failure to file the form.  A lobbyist who knowingly fails to 
        file a form within seven days after receiving a the second 
        notice from was sent by the board is guilty of a misdemeanor 
        subject to a civil penalty imposed by the board of up to $1,000. 
           Sec. 6.  Minnesota Statutes 2000, section 10A.04, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CONTENT.] (a) A report under this section must 
        include information the board requires from the registration 
        form and the information required by this subdivision for the 
        reporting period. 
           (b) A lobbyist must report the lobbyist's total 
        disbursements on lobbying, separately listing lobbying to 
        influence legislative action, lobbying to influence 
        administrative action, and lobbying to influence the official 
        actions of a metropolitan governmental unit, and a breakdown of 
        disbursements for each of those kinds of lobbying into 
        categories specified by the board, including but not limited to 
        the cost of publication and distribution of each publication 
        used in lobbying; other printing; media, including the cost of 
        production; postage; travel; fees, including allowances; 
        entertainment; telephone and telegraph; and other expenses. 
           (c) A lobbyist must report the amount and nature of each 
        gift, item, or benefit, excluding contributions to a candidate, 
        equal in value to $5 or more, given or paid to any official, as 
        defined in section 10A.071, subdivision 1, by the lobbyist or an 
        employer or employee of the lobbyist.  The list must include the 
        name and address of each official to whom the gift, item, or 
        benefit was given or paid and the date it was given or paid.  
           (d) Each A lobbyist must report each original source of 
        money in excess of $500 in any year used for the purpose of 
        lobbying to influence legislative action, administrative action, 
        or the official action of a metropolitan governmental unit.  The 
        list must include the name, address, and employer, or, if 
        self-employed, the occupation and principal place of business, 
        of each payer of money in excess of $500. 
           (e) On the report due April 15, the lobbyist must provide a 
        general description of the subjects lobbied in the previous 12 
        months. 
           Sec. 7.  Minnesota Statutes 2000, section 10A.04, 
        subdivision 5, is amended to read: 
           Subd. 5.  [LATE FILING.] The board must notify send a 
        notice by certified mail or personal service to any lobbyist or 
        principal who fails after seven days after a filing date imposed 
        by this section to file a report or statement required by this 
        section.  If a lobbyist or principal fails to file a report 
        within seven ten business days after receiving this the notice 
        was sent, the board may impose a late filing fee of $5 per day, 
        not to exceed $100, commencing with the eighth 11th day 
        after receiving the notice was sent.  The board must further 
        notify send an additional notice by certified mail or personal 
        service to any lobbyist or principal who fails to file a report 
        within 21 14 days after receiving a the first notice was sent 
        by the board that the lobbyist or principal may be subject to a 
        criminal civil penalty for failure to file the report.  A 
        lobbyist or principal who knowingly fails to file such a report 
        or statement within seven days after receiving a the second 
        notice from was sent by the board is guilty of a 
        misdemeanor subject to a civil penalty imposed by the board of 
        up to $1,000. 
           Sec. 8.  Minnesota Statutes 2000, section 10A.04, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PRINCIPAL REPORTS.] (a) A principal must report 
        to the board as required in this subdivision by March 15 for the 
        preceding calendar year. 
           (b) The principal must report which of the following 
        categories includes the total amount, rounded to the nearest 
        dollar $20,000, spent by the principal during the preceding 
        calendar year to influence legislative action, administrative 
        action, and the official action of metropolitan governmental 
        units:. 
           (1) $501 to $50,000; 
           (2) $50,001 to $150,000; or 
           (3) $150,001 to $250,000. 
           (c) Beyond $250,000, each additional $250,000 constitutes 
        an additional category, and each principal must report which of 
        the categories includes the total amount spent by the principal 
        for the purposes provided in this subdivision. 
           (d) The principal must report under this subdivision a 
        total amount that includes: 
           (1) all direct payments by the principal to lobbyists in 
        this state; 
           (2) all expenditures for advertising, mailing, research, 
        analysis, compilation and dissemination of information, and 
        public relations campaigns related to legislative action, 
        administrative action, or the official action of metropolitan 
        governmental units in this state; and 
           (3) all salaries and administrative expenses attributable 
        to activities of the principal relating to efforts to influence 
        legislative action, administrative action, or the official 
        action of metropolitan governmental units in this state. 
           Sec. 9.  Minnesota Statutes 2000, section 10A.08, is 
        amended to read: 
           10A.08 [REPRESENTATION DISCLOSURE.] 
           A public official who represents a client for a fee before 
        an individual, board, commission, or agency that has rulemaking 
        authority in a hearing conducted under chapter 14, must disclose 
        the official's participation in the action to the board within 
        14 days after the appearance.  The board must notify send a 
        notice by certified mail or personal service to any public 
        official who fails to disclose the participation within 14 days 
        after the appearance.  If the public official fails to disclose 
        the participation within seven ten business days of this after 
        the notice was sent, the board may impose a late filing fee of 
        $5 per day, not to exceed $100, commencing starting on the 
        eighth 11th day after receiving the notice was sent. 
           Sec. 10.  Minnesota Statutes 2000, section 10A.09, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LATE FILING.] The board must notify send a 
        notice by certified mail or personal service to any individual 
        who fails within the prescribed time to file a statement of 
        economic interest required by this section.  If an individual 
        fails to file a statement within seven ten business days after 
        receiving this the notice was sent, the board may impose a late 
        filing fee of $5 per day, not to exceed $100, commencing on 
        the eighth 11th day after receiving the notice was sent.  The 
        board must further notify send an additional notice by certified 
        mail or personal service to any individual who fails to file a 
        statement within 21 14 days after receiving a the first notice 
        was sent by the board that the individual may be subject to a 
        criminal civil penalty for failure to file a statement.  An 
        individual who fails to file a statement within seven days after 
        a the second notice was sent by the board is guilty of a 
        misdemeanor subject to a civil penalty imposed by the board up 
        to $1,000. 
           Sec. 11.  Minnesota Statutes 2000, section 10A.11, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PENALTY.] A person who knowingly violates this 
        section is guilty of a misdemeanor subject to a civil penalty 
        imposed by the board of up to $1,000. 
           Sec. 12.  Minnesota Statutes 2000, section 10A.12, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PENALTY.] A person who knowingly violates this 
        section is guilty of a misdemeanor subject to a civil penalty 
        imposed by the board of up to $1,000. 
           Sec. 13.  Minnesota Statutes 2000, section 10A.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACCOUNTS; PENALTY.] The treasurer of a 
        political committee, political fund, principal campaign 
        committee, or party unit must keep an account of: 
           (1) the sum of all contributions, except any donation in 
        kind valued at $20 or less, made to the committee, fund, or 
        party unit; 
           (2) the name and address of each source of a contribution 
        made to the committee, fund, or party unit in excess of $20, 
        together with the date and amount of each; 
           (3) each expenditure made by the committee, fund, or party 
        unit, together with the date and amount; 
           (4) each approved expenditure made on behalf of the 
        committee, fund, or party unit, together with the date and 
        amount; and 
           (5) the name and address of each political committee, 
        political fund, principal campaign committee, or party unit to 
        which contributions in excess of $20 have been made, together 
        with the date and amount. 
           Any individual who knowingly violates this subdivision is 
        guilty of a misdemeanor subject to a civil penalty imposed by 
        the board of up to $1,000. 
           Sec. 14.  Minnesota Statutes 2000, section 10A.14, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FAILURE TO FILE; PENALTY.] The board must notify 
        send a notice by certified mail or personal service to any 
        individual who fails to file a statement required by this 
        section.  If an the individual fails to file a statement 
        within seven ten business days after receiving a the 
        notice was sent, the board may impose a late filing fee of $5 
        per day, not to exceed $100, commencing with the eighth 11th day 
        after receiving the notice was sent. 
           The board must further notify send an additional notice by 
        certified mail or personal service to any individual who fails 
        to file a statement within 21 14 days after receiving a the 
        first notice was sent by the board that such the individual may 
        be subject to a criminal civil penalty for failure to file the 
        report.  An individual who knowingly fails to file the statement 
        within seven days after receiving a the second notice from was 
        sent by the board is guilty of a misdemeanor subject to a civil 
        penalty imposed by the board of up to $1,000. 
           Sec. 15.  Minnesota Statutes 2000, section 10A.15, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PENALTY.] An individual violating this section 
        is guilty of a misdemeanor subject to a civil penalty imposed by 
        the board of up to $1,000. 
           Sec. 16.  Minnesota Statutes 2000, section 10A.16, is 
        amended to read: 
           10A.16 [EARMARKING CONTRIBUTIONS PROHIBITED.] 
           An individual, political committee, political fund, 
        principal campaign committee, or party unit may not solicit or 
        accept a contribution from any source with the express or 
        implied condition that the contribution or any part of it be 
        directed to a particular candidate other than the initial 
        recipient.  An individual, political committee, political fund, 
        principal campaign committee, or party unit that knowingly 
        accepts any earmarked contribution is guilty of a gross 
        misdemeanor and subject to a civil penalty imposed by the board 
        of up to $3,000. 
           Sec. 17.  Minnesota Statutes 2000, section 10A.17, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [PERSONAL LOANS.] A principal campaign 
        committee, political committee, political fund, or party unit 
        may not lend money it has raised to anyone for purposes not 
        related to the conduct of a campaign. 
           Sec. 18.  Minnesota Statutes 2000, section 10A.17, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PENALTY.] A person who knowingly violates 
        subdivision 2 is guilty of a misdemeanor subject to a civil 
        penalty imposed by the board of up to $1,000.  A person who 
        knowingly violates subdivision 3a or 4 or falsely claims that an 
        expenditure was an independent expenditure is guilty of a gross 
        misdemeanor and subject to a civil penalty imposed by the board 
        of up to $3,000. 
           Sec. 19.  Minnesota Statutes 2000, section 10A.18, is 
        amended to read: 
           10A.18 [TIME FOR RENDERING BILLS, CHARGES, OR CLAIMS; 
        PENALTY.] 
           A person who has a bill, charge, or claim against a 
        political committee, political fund, principal campaign 
        committee, or party unit for an expenditure must render in 
        writing to the treasurer of the committee, fund, or party unit 
        the bill, charge, or claim within 60 days after the material or 
        service is provided.  Violation of A person who violates this 
        section is a misdemeanor subject to a civil penalty imposed by 
        the board of up to $1,000. 
           Sec. 20.  Minnesota Statutes 2000, section 10A.20, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [IF TREASURER POSITION IS VACANT.] If the 
        position of treasurer of a principal campaign committee, 
        political committee, political fund, or party unit is vacant, 
        the candidate, chair of a political committee or party unit, or 
        association officer of a political fund is responsible for 
        filing reports required by this section. 
           Sec. 21.  Minnesota Statutes 2000, section 10A.20, 
        subdivision 12, is amended to read: 
           Subd. 12.  [FAILURE TO FILE; PENALTY.] The board must 
        notify send a notice by certified mail or personal service an to 
        any individual who fails to file a statement required by this 
        section.  If an individual fails to file a statement due January 
        31 within seven ten business days after receiving a the notice 
        was sent, the board may impose a late filing fee of $5 per day, 
        not to exceed $100, commencing on with the eighth 11th day after 
        receiving the notice was sent. 
           If an individual fails to file a statement due before a 
        primary or election within three days after the date due, 
        regardless of whether the individual has received any notice, 
        the board may impose a late filing fee of $50 per day, not to 
        exceed $500, commencing on the fourth day after the date the 
        statement was due. 
           The board must further notify send an additional notice by 
        certified mail or personal service to an individual who fails to 
        file a statement within 14 days after receiving a the first 
        notice from was sent by the board that the individual may be 
        subject to a criminal civil penalty for failure to file a 
        statement.  An individual who knowingly fails to file the 
        statement within seven days after receiving a the second notice 
        from was sent by the board is guilty of a misdemeanor subject to 
        a civil penalty imposed by the board of up to $1,000. 
           Sec. 22.  Minnesota Statutes 2000, section 10A.20, is 
        amended by adding a subdivision to read: 
           Subd. 15.  [EQUITABLE RELIEF.] A candidate whose opponent 
        does not timely file the report due 15 days before the primary, 
        the report due ten days before the general election, or the 
        notice required under section 10A.25, subdivision 10, may 
        petition the district court for immediate equitable relief to 
        enforce the filing requirement.  A prevailing party under this 
        subdivision may be awarded attorney fees and costs by the court. 
           Sec. 23.  Minnesota Statutes 2000, section 10A.25, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [INDEPENDENT EXPENDITURES.] The principal 
        campaign committee of a candidate must not make independent 
        expenditures. 
           Sec. 24.  Minnesota Statutes 2000, section 10A.25, 
        subdivision 10, is amended to read: 
           Subd. 10.  [EFFECT OF OPPONENT'S CONDUCT.] (a) After the 
        deadline for filing a spending limit agreement under section 
        10A.322, a candidate who has agreed to be bound by the 
        expenditure limits imposed by this section as a condition of 
        receiving a public subsidy for the candidate's campaign is may 
        choose to be released from the expenditure limits but remains 
        remain eligible to receive a public subsidy if the candidate has 
        an opponent who does has not agree agreed to be bound by the 
        limits and receives has received contributions or makes made or 
        becomes become obligated to make expenditures during that 
        election cycle in excess of the following limits: 
           (1) up to ten days the close of the reporting period before 
        the primary election, receipts or expenditures equal to 20 
        percent of the expenditure limit for that office as set forth in 
        subdivision 2; or 
           (2) after ten days the close of the reporting period before 
        the primary election, cumulative receipts or expenditures during 
        that election cycle equal to 50 percent of the expenditure limit 
        for that office as set forth in subdivision 2. 
           Before the primary election, a candidate's "opponents" are 
        only those who will appear on the ballot of the same party in 
        the primary election. 
           (b) A candidate who has not agreed to be bound by 
        expenditure limits, or the candidate's principal campaign 
        committee, must file written notice with the board and provide 
        written notice to any opponent of the candidate for the same 
        office within 24 hours of exceeding the limits in paragraph (a), 
        clause (2).  The notice must state only that the candidate or 
        candidate's principal campaign committee has received 
        contributions or made or become obligated to make campaign 
        expenditures in excess of the limits in paragraph (a), clause 
        (2). 
           (c) Upon receipt of the notice, the a candidate who had 
        agreed to be bound by the limits is may file with the board a 
        notice that the candidate chooses to be no longer bound by the 
        expenditure limits.  A notice of a candidate's choice not to be 
        bound by the expenditure limits that is based on the conduct of 
        an opponent in the state primary election may not be filed more 
        than one day after the state canvassing board has declared the 
        results of the state primary. 
           (d) A candidate who has agreed to be bound by the 
        expenditure limits imposed by this section and whose opponent in 
        the general election has chosen, as provided in paragraph (c), 
        not to be bound by the expenditure limits because of the conduct 
        of an opponent in the primary election is no longer bound by the 
        limits but remains eligible to receive a public subsidy. 
           Sec. 25.  Minnesota Statutes 2000, section 10A.255, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
        in section 10A.25, subdivision 2, must be adjusted for general 
        election years as provided in this section.  Each general 
        election year, the executive director of the board must 
        determine the percentage increase in the consumer price index 
        from December of the year preceding the last general election 
        year to December of the year preceding the year in which the 
        determination is made.  The dollar amounts used for the 
        preceding general election year must be multiplied by that 
        percentage.  The product of the calculation must be added to 
        each dollar amount to produce the dollar limitations to be in 
        effect for the next general election.  The product must be 
        rounded up to the next highest $10 $100 increment.  The index 
        used 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. 
           Sec. 26.  Minnesota Statutes 2000, section 10A.27, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONTRIBUTION LIMITS.] (a) Except as 
        provided in subdivision 2, a candidate must not permit the 
        candidate's principal campaign committee to accept aggregate 
        contributions made or delivered by any individual, political 
        committee, or political fund in excess of the following: 
           (1) to candidates for governor and lieutenant governor 
        running together, $2,000 in an election year for the office 
        sought and $500 in other years; 
           (2) to a candidate for attorney general, $1,000 in an 
        election year for the office sought and $200 in other years; 
           (3) to a candidate for the office of secretary of state or 
        state auditor, $500 in an election year for the office sought 
        and $100 in other years; 
           (4) to a candidate for state senator, $500 in an election 
        year for the office sought and $100 in other years; and 
           (5) to a candidate for state representative, $500 in an 
        election year for the office sought and $100 in the other year. 
           (b) The following deliveries are not subject to the 
        bundling limitation in this subdivision: 
           (1) delivery of contributions collected by a member of the 
        candidate's principal campaign committee, such as a block worker 
        or a volunteer who hosts a fund raising event, to the 
        committee's treasurer; and 
           (2) a delivery made by an individual on behalf of the 
        individual's spouse.  
           (c) A political committee or political fund must not make a 
        contribution a candidate is prohibited from accepting. 
           Sec. 27.  Minnesota Statutes 2000, section 10A.27, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POLITICAL PARTY AND DISSOLVING PRINCIPAL 
        CAMPAIGN COMMITTEE LIMIT.] A candidate must not permit the 
        candidate's principal campaign committee to accept contributions 
        from any political party units or dissolving principal campaign 
        committees in aggregate in excess of ten times the amount that 
        may be contributed to that candidate as set forth in subdivision 
        1.  The limitation in this subdivision does not apply to a 
        contribution from a dissolving principal campaign committee of a 
        candidate for the legislature to another principal campaign 
        committee of the same candidate. 
           Sec. 28.  Minnesota Statutes 2000, section 10A.27, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CONTRIBUTIONS TO AND FROM OTHER CANDIDATES.] (a) 
        A candidate or the treasurer of a candidate's principal campaign 
        committee must not accept a contribution from another 
        candidate's principal campaign committee or from any other 
        committee bearing the contributing candidate's name or title or 
        otherwise authorized by the contributing candidate, unless the 
        contributing candidate's principal campaign committee is being 
        dissolved.  A candidate's principal campaign committee must not 
        make a contribution to another candidate's principal campaign 
        committee, except when the contributing committee is being 
        dissolved.  
           (b) A principal campaign committee that makes a 
        contribution to another principal campaign committee must 
        provide with the contribution a written statement of the 
        committee's intent to dissolve and terminate its registration 
        within 12 months after the contribution was made.  If the 
        committee fails to dissolve and terminate its registration by 
        that time, the board may levy a civil penalty up to four times 
        the size of the contribution against the contributing 
        committee.  A contribution from a terminating principal campaign 
        committee that is not accepted by another principal campaign 
        committee must be forwarded to the board for deposit in the 
        general account of the state elections campaign fund.  
           (c) A candidate's principal campaign committee must not 
        accept a contribution from, or make a contribution to, a 
        committee associated with a person who seeks nomination or 
        election to the office of President, Senator, or Representative 
        in Congress of the United States. 
           (c) (d) A candidate or the treasurer of a candidate's 
        principal campaign committee must not accept a contribution from 
        a candidate for political subdivision office in any state, 
        unless the contribution is from the personal funds of the 
        candidate for political subdivision office.  A candidate or the 
        treasurer of a candidate's principal campaign committee must not 
        make a contribution from the principal campaign committee to a 
        candidate for political subdivision office in any state. 
           Sec. 29.  Minnesota Statutes 2000, section 10A.27, 
        subdivision 11, is amended to read: 
           Subd. 11.  [CONTRIBUTIONS FROM CERTAIN TYPES OF 
        CONTRIBUTORS.] A candidate must not permit the candidate's 
        principal campaign committee to accept a contribution from a 
        political committee, political fund, lobbyist, or large 
        contributor, if the contribution will cause the aggregate 
        contributions from those types of contributors to exceed an 
        amount equal to 20 percent of the expenditure limits for the 
        office sought by the candidate, provided that the 20 percent 
        limit must be rounded to the nearest $100.  For purposes of this 
        subdivision, "large contributor" means an individual, other than 
        the candidate, who contributes an amount that is more than $100 
        and more than one-half the amount an individual may contribute. 
           Sec. 30.  Minnesota Statutes 2000, section 10A.27, 
        subdivision 13, is amended to read: 
           Subd. 13.  [UNREGISTERED ASSOCIATION LIMIT; STATEMENT; 
        PENALTY.] (a) The treasurer of a political committee, political 
        fund, principal campaign committee, or party unit must not 
        accept a contribution of more than $100 from an association not 
        registered under this chapter unless the contribution is 
        accompanied by a written statement that meets the disclosure and 
        reporting period requirements imposed by section 10A.20.  This 
        statement must be certified as true and correct by an officer of 
        the contributing association.  The committee, fund, or party 
        unit that accepts the contribution must include a copy of the 
        statement with the report that discloses the contribution to the 
        board.  This subdivision does not apply when a national 
        political party contributes money to its affiliate in this state.
           (b) An unregistered association may provide the written 
        statement required by this subdivision to no more than three 
        committees, funds, or party units in a calendar year.  Each 
        statement must cover at least the 30 days immediately preceding 
        and including the date on which the contribution was made.  An 
        unregistered association or an officer of it is subject to a 
        civil penalty up to $1,000 imposed by the board of up to $1,000, 
        if the association or its officer: 
           (1) fails to provide a written statement as required by 
        this subdivision; or 
           (2) fails to register after giving the written statement 
        required by this subdivision to more than three committees, 
        funds, or party units in a calendar year. 
           An officer of an association who violates this paragraph is 
        guilty of a misdemeanor. 
           (c) The treasurer of a political committee, political fund, 
        principal campaign committee, or party unit who accepts a 
        contribution in excess of $100 from an unregistered association 
        without the required written disclosure statement is subject to 
        a civil penalty up to four times the amount in excess of $100. 
           Sec. 31.  Minnesota Statutes 2000, section 10A.273, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONTRIBUTIONS DURING LEGISLATIVE 
        SESSION.] (a) A candidate for the legislature or for 
        constitutional office, the candidate's principal campaign 
        committee, or a political committee or party unit established by 
        all or a part of the party organization within a house of the 
        legislature, must not solicit or accept a contribution from a 
        registered lobbyist, political committee, or political fund, or 
        dissolving principal campaign committee, or from a party unit 
        established by the party organization within a house of the 
        legislature, during a regular session of the legislature. 
           (b) A registered lobbyist, political committee, political 
        fund, or dissolving principal campaign committee, or a party 
        unit established by the party organization within a house of the 
        legislature, must not make a contribution to a candidate for the 
        legislature or for constitutional office, the candidate's 
        principal campaign committee, or a political committee or party 
        unit established by all or a part of the party organization 
        within a house of the legislature during a regular session of 
        the legislature. 
           Sec. 32.  Minnesota Statutes 2000, section 10A.273, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CIVIL PENALTY.] A candidate, political 
        committee, or party unit, political fund, principal campaign 
        committee, or registered lobbyist that violates this section is 
        subject to a civil fine of up to $500 penalty imposed by the 
        board of up to $1,000.  If the board makes a public finding that 
        there is probable cause to believe a violation of this section 
        has occurred, the board must bring an action, or transmit the 
        finding to a county attorney who must bring an action, in the 
        district court of Ramsey county, to collect a civil fine penalty 
        as imposed by the board.  Fines Penalties paid under this 
        section must be deposited in the general fund in the state 
        treasury. 
           Sec. 33.  Minnesota Statutes 2000, section 10A.273, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SPECIAL ELECTION.] This section does not 
        apply to a candidate or a candidate's principal campaign 
        committee in a legislative special election during the period 
        beginning when the person becomes a candidate in the special 
        election and ending on the day of the special election. 
           Sec. 34.  Minnesota Statutes 2000, section 10A.28, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EXCEEDING EXPENDITURE LIMITS.] A candidate 
        subject to the expenditure limits in section 10A.25 who permits 
        the candidate's principal campaign committee to make 
        expenditures or permits approved expenditures to be made on the 
        candidate's behalf in excess of the limits imposed by section 
        10A.25, as adjusted by section 10A.255, is subject to a civil 
        fine penalty up to four times the amount by which the 
        expenditures exceeded the limit. 
           Sec. 35.  Minnesota Statutes 2000, section 10A.28, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCEEDING CONTRIBUTION LIMITS.] A political 
        committee, political fund, or principal campaign committee that 
        makes a contribution, or a candidate who permits the candidate's 
        principal campaign committee to accept contributions, in excess 
        of the limits imposed by section 10A.27 is subject to a 
        civil fine penalty of up to four times the amount by which the 
        contribution exceeded the limits. 
           Sec. 36.  Minnesota Statutes 2000, section 10A.28, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CIVIL ACTION.] If the board is unable after a 
        reasonable time to correct by informal methods a matter that 
        constitutes probable cause to believe that excess expenditures 
        have been made or excess contributions accepted contrary to 
        subdivision 1 or 2, the board must make a public finding of 
        probable cause in the matter.  After making a public finding, 
        the board must bring an action, or transmit the finding to a 
        county attorney who must bring an action, in the district court 
        of Ramsey county or, in the case of a legislative candidate, the 
        district court of a county within the legislative district, to 
        collect a civil fine penalty as imposed by the board under 
        subdivision 1 or 2.  All money recovered under this section must 
        be deposited in the general fund of the state treasury. 
           Sec. 37.  Minnesota Statutes 2000, section 10A.29, is 
        amended to read: 
           10A.29 [CIRCUMVENTION PROHIBITED.] 
           Any attempt by An individual or association that attempts 
        to circumvent this chapter by redirecting a contribution 
        through, or making a contribution on behalf of, another 
        individual or association is guilty of a gross misdemeanor and 
        subject to a civil penalty imposed by the board of up to $3,000. 
           Sec. 38.  Minnesota Statutes 2001 Supplement, section 
        10A.31, subdivision 7, is amended to read: 
           Subd. 7.  [DISTRIBUTION OF GENERAL ACCOUNT.] (a) As soon as 
        the board has obtained the results of the primary election from 
        the secretary of state, but no later than one week after 
        certification of the primary results by the state canvassing 
        board, the board must distribute the available money in the 
        general account, as certified by the commissioner of revenue on 
        September 1 and according to allocations set forth in 
        subdivision 5, in equal amounts to all candidates of a major 
        political party whose names are to appear on the ballot in the 
        general election and who: 
           (1) have signed a spending limit agreement under section 
        10A.322; 
           (2) have filed the affidavit of contributions required by 
        section 10A.323; and 
           (3) have filed the agreement required under paragraph (c); 
        and 
           (4) were opposed in either the primary election or the 
        general election.  
           (b) The public subsidy under this subdivision may not be 
        paid in an amount that would cause the sum of the public subsidy 
        paid from the party account plus the public subsidy paid from 
        the general account to exceed 50 percent of the expenditure 
        limit for the candidate or 50 percent of the expenditure limit 
        that would have applied to the candidate if the candidate had 
        not been freed from expenditure limits under section 10A.25, 
        subdivision 10.  Money from the general account not paid to a 
        candidate because of the 50 percent limit must be distributed 
        equally among all other qualifying candidates for the same 
        office until all have reached the 50 percent limit or the 
        balance in the general account is exhausted. 
           (c) No later than one week after the primary results have 
        been certified by the state canvassing board, a candidate 
        wishing to receive money distributed by the board under this 
        subdivision must execute and file an agreement with the board.  
        The agreement must provide that: 
           (1) if the A candidate does not must expend or promise to 
        disburse become obligated to expend at least an amount equal to 
        50 percent of the money distributed by the board under this 
        subdivision no later than the end of the final reporting period 
        preceding the general election, then.  Otherwise, the candidate 
        agrees to must repay to the board the remainder of the money the 
        difference between the amount the candidate spent or became 
        obligated to spend by the deadline and the amount distributed to 
        the candidate under this subdivision.  The candidate must make 
        the repayment no later than six months following the date of the 
        general election; and 
           (2).  The candidate agrees to must reimburse the board for 
        all reasonable costs, including litigation costs, incurred in 
        collecting any amount due following that date. 
           If the board determines that a candidate has failed to 
        repay money as required by an agreement under this 
        subdivision paragraph, the board may not distribute any 
        additional money to the candidate under this subdivision until 
        the entirety of the unexpended money is repaid or 
        discharged repayment has been made. 
           Sec. 39.  Minnesota Statutes 2000, section 10A.322, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
        condition of receiving a public subsidy, a candidate must sign 
        and file with the board a written agreement in which the 
        candidate agrees that the candidate will comply with sections 
        10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph 
        (c); and 10A.324. 
           (b) Before the first day of filing for office, the board 
        must forward agreement forms to all filing officers.  The board 
        must also provide agreement forms to candidates on request at 
        any time.  The candidate must file the agreement with the board 
        by September 1 preceding the candidate's general election or a 
        special election held at the general election.  An agreement may 
        not be filed after that date.  An agreement once filed may not 
        be rescinded. 
           (c) The board must notify the commissioner of revenue of 
        any agreement signed under this subdivision. 
           (d) Notwithstanding paragraph (b), if a vacancy occurs that 
        will be filled by means of a special election and the filing 
        period does not coincide with the filing period for the general 
        election, a candidate may sign and submit a spending limit 
        agreement not later than the day after the candidate files the 
        affidavit of candidacy or nominating petition for the office. 
           Sec. 40.  Minnesota Statutes 2000, section 10A.323, is 
        amended to read: 
           10A.323 [AFFIDAVIT OF CONTRIBUTIONS.] 
           In addition to the requirements of section 10A.322, to be 
        eligible to receive a public subsidy under section 10A.31 a 
        candidate or the candidate's treasurer must file an affidavit 
        with the board stating that during that calendar year the 
        candidate has accumulated contributions from persons eligible to 
        vote in this state in at least the amount indicated for the 
        office sought, counting only the first $50 received from each 
        contributor: 
           (1) candidates for governor and lieutenant governor running 
        together, $35,000; 
           (2) candidates for attorney general, $15,000; 
           (3) candidates for secretary of state and state auditor, 
        separately, $6,000; 
           (4) candidates for the senate, $3,000; and 
           (5) candidates for the house of representatives, $1,500. 
           The affidavit must state the total amount of contributions 
        that have been received from persons eligible to vote in this 
        state, disregarding the portion of any contribution in excess of 
        $50.  
           The candidate or the candidate's treasurer must submit the 
        affidavit required by this section to the board in writing by 
        September 1 of the general election year to receive the payment 
        made following the primary election and by November 1 to receive 
        the payment made following the general election.  
           A candidate for a vacancy to be filled at a special 
        election for which the filing period does not coincide with the 
        filing period for the general election must submit the affidavit 
        required by this section to the board within five days after 
        filing the affidavit of candidacy. 
           Sec. 41.  Minnesota Statutes 2000, section 356A.06, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ECONOMIC INTEREST STATEMENT.] (a) Each member of 
        the governing board of a covered pension plan and the chief 
        administrative officer of the plan shall file with the plan a 
        statement of economic interest.  
           (b) For a covered pension plan other than a plan specified 
        in paragraph (c), the statement must contain the information 
        required by section 10A.09, subdivision 5, and any other 
        information that the fiduciary or the governing board of the 
        plan determines is necessary to disclose a reasonably 
        foreseeable potential or actual conflict of interest.  
           (c) For a covered pension plan governed by sections 69.771 
        to 69.776 or a covered pension plan governed by section 69.77 
        with assets under $8,000,000, the statement must contain the 
        following: 
           (1) the person's principal occupation and principal place 
        of business; 
           (2) whether or not the person has an ownership of or 
        interest of ten percent or greater in an investment security 
        brokerage business, a real estate sales business, an insurance 
        agency, a bank, a savings and loan, or another financial 
        institution; and 
           (3) any relationship or financial arrangement that can 
        reasonably be expected to give rise to a conflict of interest. 
           (d) The statement must be filed annually with the chief 
        administrative officer of the plan and be available for public 
        inspection during regular office hours at the office of the 
        pension plan.  
           (e) A disclosure form meeting the requirements of the 
        federal Investment Advisers Act of 1940, United States Code, 
        title 15, sections 80b-1 to 80b-21 as amended, and filed with 
        the state board of investment or the pension plan meets the 
        requirements of this subdivision. 
           (f) The chief administrative officer of each covered 
        pension plan, by January 15, annually, shall transmit a copy 
        certified listing of all individuals who have filed statements 
        of economic interest received by with the plan under this 
        subdivision during the preceding 12 months and the address of 
        the office referenced in paragraph (d) to the campaign finance 
        and public disclosure board. 
           Sec. 42.  [TRANSITION.] 
           A candidate who signed and filed with the campaign finance 
        and public disclosure board a spending limit agreement for the 
        election cycle ending December 31, 2002, before the effective 
        date of this act is governed by the provisions of Minnesota 
        Statutes 2000, section 10A.31, subdivision 7, as they existed 
        before the amendments made by Laws 2001, First Special Session 
        chapter 10, article 18, section 2, and this act, until the 
        candidate signs a new spending limit agreement after the 
        effective date of this act. 
           Presented to the governor May 8, 2002 
           Signed by the governor May 9, 2002, 11:40 a.m.