Minnesota Session Laws - 2005, Regular Session

                             CHAPTER 11-S.F.No. 518 
                  An act relating to Hennepin County; eliminating 
                  duplicate campaign finance filings; making other 
                  technical changes to the county campaign finance 
                  provisions; amending Minnesota Statutes 2004, sections 
                  383B.042, subdivisions 13, 14, 16; 383B.046; 383B.047; 
                  383B.048; 383B.049; 383B.05; 383B.053, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 383B.042, 
        subdivision 13, is amended to read: 
           Subd. 13.  "Political committee" means any political party, 
        association or person other than an individual that seeks as its 
        major purpose to influence the outcome of any election for a 
        city ballot issue or for any city office in the city of 
        Bloomington; for a city or school district ballot issue and for 
        any city or school district office in the city of Minneapolis, 
        and in Special School District No. 1, Minneapolis; or for any 
        countywide ballot issue or county office in Hennepin County; and 
        not to influence the outcome of any other election. 
           Sec. 2.  Minnesota Statutes 2004, section 383B.042, 
        subdivision 14, is amended to read: 
           Subd. 14.  "Political fund" means any accumulation of dues 
        or voluntary contributions by an association other than a 
        political committee, which accumulation is collected or expended 
        for the purpose of influencing the outcome of any election for a 
        city ballot issue or for any city office in the city of 
        Bloomington; for a city or school district ballot issue and for 
        any city or school district office in the city of Minneapolis, 
        and in Special School District No. 1, Minneapolis; or for any 
        countywide ballot issue or county office in Hennepin County; and 
        not for the purpose of influencing the outcome of any other 
        election. 
           Sec. 3.  Minnesota Statutes 2004, section 383B.042, 
        subdivision 16, is amended to read: 
           Subd. 16.  "Principal campaign committee" means the single 
        political committee designated by a candidate for election for 
        any city office in the city of Bloomington; for any city office 
        in the city of Minneapolis; for any school district office in 
        Special School District No. 1, Minneapolis; or for any county 
        office in Hennepin County. 
           Sec. 4.  Minnesota Statutes 2004, section 383B.046, is 
        amended to read: 
           383B.046 [REGISTRATION OF POLITICAL COMMITTEES AND, 
        POLITICAL FUNDS, AND PRINCIPAL CAMPAIGN COMMITTEES.] 
           Subdivision 1.  [FILING OFFICE; DEADLINE.] Every political 
        committee, political fund and principal campaign committee as 
        defined in section 383B.042, subdivisions 13, 14, and 16, shall 
        register with the filing officer within 14 days after the date 
        by which the committee or fund has received contributions or 
        made expenditures in excess of $100.  A political committee, 
        political fund, or principal campaign committee that is 
        registered with the Campaign Finance and Public Disclosure Board 
        under section 10A.14 need not register under this section.  
           Subd. 2.  [STATEMENT REQUIRED.] A political committee or, 
        political fund, or principal campaign committee registers by 
        filing a statement of organization that includes: 
           (a) the name and address of the political committee or, 
        political fund, or principal campaign committee; 
           (b) the name and address of the chair, the treasurer, and 
        any deputy treasurers; 
           (c) the name and address of the depository used by the 
        committee or fund; 
           (d) the name and address of any supporting association of a 
        political fund; and 
           (e) a statement as to whether the committee is a principal 
        campaign committee. 
           The statement of organization shall be filed by the 
        treasurer of the political committee, political fund or 
        principal campaign committee. 
           Sec. 5.  Minnesota Statutes 2004, section 383B.047, is 
        amended to read: 
           383B.047 [ACCOUNTS WHICH MUST BE KEPT.] 
           Subdivision 1.  [CONTRIBUTIONS; EXPENDITURES; TRANSFERS.] 
        The treasurer of any political committee, political fund or 
        principal campaign committee shall keep an account of: 
           (1) the sum of all contributions, except any donation in 
        kind valued at $20 or less, made to the political committee or, 
        political fund, or principal campaign committee; 
           (2) the name and address of each source of a transfer or 
        donation in kind in excess of $20, together with the date and 
        amount; 
           (3) each expenditure made by or on behalf of the committee 
        or fund together with the date and amount; and 
           (4) the name and address of each political committee or, 
        political fund, or principal campaign committee to which 
        transfers in excess of $20 have been made, together with the 
        date and amount. 
           Subd. 2.  [AUTHORIZATION OF EXPENDITURES; RECEIPTS.] Each 
        expenditure by a political committee, political fund or 
        principal campaign committee shall be authorized by the 
        treasurer.  The treasurer may authorize not more than $20 per 
        week as petty cash for miscellaneous expenditures.  The 
        treasurer shall obtain a receipted bill stating the particulars 
        for every expenditure of more than $100 made by or on behalf of 
        the political committee or, political fund, and for any 
        expenditure of a lesser amount if the aggregate amount of lesser 
        expenditures to the same individual or association during a year 
        exceeds $100 or principal campaign committee. 
           Sec. 6.  Minnesota Statutes 2004, section 383B.048, is 
        amended to read: 
           383B.048 [CAMPAIGN REPORTS.] 
           Subdivision 1.  [COMMITTEES REQUIRED TO REPORT; 
        DEADLINES.] (a) The treasurer of any political committee, 
        political fund or principal campaign committee required to 
        register pursuant to section 383B.046 shall also file campaign 
        reports with the filing officer.  In each year in which the name 
        of the candidate is on the ballot, the report of the principal 
        campaign committee shall be filed ten days one week before a 
        regular primary and a regular election.  Political committees 
        and political funds other than principal campaign committees 
        shall file campaign reports ten days one week before a regular 
        primary or regular election.  
           (b) The treasurer of a principal campaign committee shall 
        file additional reports ten days one week before a special 
        primary or other special election and 30 days after a special 
        election.  
           (c) The reports shall cover the period from the last day 
        after the end of the previous reporting period to seven days one 
        week before the filing date.  An additional 
           (d) A campaign report shall be filed by all treasurers on 
        January 31 of each year covering the period from the last day 
        after the end of the previous reporting period to December 31 of 
        the preceding calendar year. 
           Subd. 2.  [CONTENT OF REPORTS.] Each campaign report 
        required under this section shall disclose: 
           (1) the amount of liquid assets on hand at the beginning of 
        the reporting period; 
           (2) 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, political fund, or principal campaign committee in an 
        aggregate amount or value in excess of $100, together with the 
        amount and date; 
           (3) the sum of all contributions made to the political 
        committee or, political fund, or principal campaign committee; 
           (4) each loan made or received by the political committee 
        or, political fund, or principal campaign committee 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, 
        or principal campaign committee which is forgiven or is repaid 
        by an entity other than that political committee or fund shall 
        be reported as a contribution; 
           (5) the sum of all receipts, including all contributions 
        and loans, during the reporting period; 
           (6) the name and address of each person to whom aggregate 
        expenditures have been made by or on behalf of the political 
        committee or, political fund, or principal campaign committee 
        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; 
           (7) the sum of all expenditures made by the political 
        committee or, political fund, or principal campaign committee; 
           (8) the amount and nature of any advance of credit incurred 
        by the political committee or, political fund, or principal 
        campaign committee continuously reported until paid or 
        forgiven.  An advance of credit incurred by a political 
        committee or, political fund, or principal campaign committee 
        which is forgiven or is paid by an entity other than that 
        political committee or, political fund, or principal campaign 
        committee shall be reported as a donation in kind; 
           (9) the name and address of each political committee or, 
        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; 
           (10) the sum of all transfers made to political committees 
        or, political funds, or principal campaign committees; and 
           (11) the sum of all disbursements not made to influence the 
        outcome of an election. 
           Subd. 3.  [PARTY SAMPLE BALLOTS.] Expenditures by a 
        political party as defined in section 200.02, subdivision 7, or 
        a substate unit of such a party, for the preparation, display 
        and distribution of an official party sample ballot containing 
        the names of three or more individuals whose names are to appear 
        on the ballot shall not be considered contributions or 
        expenditures on behalf of any candidate. 
           Subd. 4.  [TERMINATION REPORTS.] (a) A political committee 
        or, political fund, or principal campaign committee created 
        pursuant to section 383B.046 may dissolve upon filing of a 
        termination report indicating that the committee or fund has 
        settled all of its debts and disposed of all assets in excess of 
        $100.  The termination report shall include all information 
        required in a periodic campaign report.  
           (b) Political committees and political funds that were 
        created for purposes of supporting or opposing candidates or 
        ballot issues beyond the scope of those identified in section 
        383B.042, subdivision 5, 13, or 14, may terminate their 
        registration with Hennepin County.  Termination of a 
        registration under this provision does not require termination 
        of the political committee or political fund and does not 
        require settlement of all debts and disposition of all assets in 
        excess of $100.  
           Sec. 7.  Minnesota Statutes 2004, section 383B.049, is 
        amended to read: 
           383B.049 [EXPENDITURES BY INDIVIDUALS.] 
           Subdivision 1.  [REPORTS.] Except as provided in 
        subdivision 2, any individual who makes expenditures in an 
        aggregate amount of $100 or more in any year, which expenditures 
        are not required to be reported by any political committee or, 
        political fund, or principal campaign committee as contributions 
        to that political committee or, political fund, or principal 
        campaign committee, shall file campaign reports in the form 
        required by section 383B.048 with respect to those expenditures. 
           Subd. 2.  [EXCEPTION; INDEPENDENT EXPENDITURES.] An 
        individual shall not be required to report any expenditure which 
        is made without the cooperation or express or implied consent of 
        any candidate, political committee or, political fund, or agent 
        of a candidate or, political committee, or political fund, 
        unless the expenditure expressly advocates the election or 
        defeat of a clearly identified candidate or the approval or 
        rejection of a clearly identified county or city ballot question 
        at any election. 
           Sec. 8.  Minnesota Statutes 2004, section 383B.05, is 
        amended to read: 
           383B.05 [ADDITIONAL INFORMATION TO BE DISCLOSED.] 
           Subdivision 1.  [EARMARKED CONTRIBUTIONS.] Any individual, 
        political committee or, political fund, or principal campaign 
        committee that receives a contribution from any person or 
        association in an aggregate in excess of $50 with the express or 
        implied condition that the contribution or any part of it be 
        directed to a particular candidate shall disclose to the 
        ultimate recipient and in any report required by section 
        383B.048, the original source of the contribution, the fact that 
        it was earmarked and the candidate to whom it is directed.  The 
        ultimate recipient of any earmarked contribution shall also 
        disclose the original source and the individual, political 
        committee or, political fund, or principal campaign committee 
        through which it was directed.  Any individual, political 
        committee or, political fund, or principal campaign committee 
        that knowingly accepts earmarked funds and fails to make the 
        disclosure required by this subdivision is guilty of a 
        misdemeanor. 
           Subd. 2.  [BILLS WHEN RENDERED AND PAID.] Every person who 
        has a bill, charge or claim against any political committee or, 
        political fund, or principal campaign committee for any 
        expenditure shall render in writing to the treasurer of the 
        committee or fund the bill, charge or claim within 60 days after 
        the material or service is provided.  Failure to present the 
        bill, charge or claim as required by this subdivision is a petty 
        misdemeanor. 
           Sec. 9.  Minnesota Statutes 2004, section 383B.053, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OFFICIALS REQUIRED TO FILE; DEADLINES.] 
        Every candidate for county office, every elected official of 
        Hennepin County, every candidate for office and every elected 
        official of a home rule charter city or statutory city located 
        wholly within Hennepin County and having a population of 75,000 
        or more, and every candidate for school board and every elected 
        official in Special School District No. 1, Minneapolis shall 
        file statements of economic interest as required by this section 
        with the filing officer.  A candidate shall file an original 
        statement within 14 days of the filing of an affidavit or 
        petition to appear on the ballot.  All elected officials of 
        Hennepin County and of a home rule charter city or statutory 
        city located wholly in Hennepin County and having a population 
        of 75,000 or more who are in office on March 19, 1980, shall 
        file an original statement of economic interest 60 days after 
        forms for disclosure are provided to the filing officer.  Every 
        individual required to file a statement shall file a 
        supplementary statement on April 15 of each year in which the 
        individual remains a candidate or elected official.  An official 
        required to file a statement of economic interest under section 
        10A.09 is not required to comply with this section. 
           Presented to the governor March 10, 2005 
           Signed by the governor March 14, 2005, 3:45 p.m.