Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
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.
Official Publication of the State of Minnesota
Revisor of Statutes