1.1 	A bill for an act
1.2 	relating to elections; changing certain campaign
1.3 	finance and public disclosure provisions; clarifying
1.4 	terminology; providing for electronic filing;
1.5 	reconciling certain prohibitions and civil penalties;
1.6 	equalizing certain contribution provisions; limiting
1.7 	certain assessments; repealing obsolete rules;
1.8 	amending Minnesota Statutes 2004, sections 10A.01,
1.9 	subdivision 5, by adding a subdivision; 10A.025, by
1.10 	adding a subdivision; 10A.071, subdivision 3; 10A.08;
1.11 	10A.20, subdivision 5; 10A.27, subdivision 1; 10A.28,
1.12 	subdivision 2; 10A.31, subdivision 4; repealing
1.13 	Minnesota Rules, parts 4501.0300, subparts 1, 4;
1.14 	4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
1.15 	4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500,
1.16 	subpart 9; 4503.0800, subpart 1.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	Section 1. Minnesota Statutes 2004, section 10A.01,
1.19 	subdivision 5, is amended to read:
1.20 		Subd. 5.Associated business.  "Associated business"
1.21 	means an association, corporation, partnership, limited
1.22 	liability company, limited liability partnership, or other
1.23 	organized legal entity from which the individual receives
1.24 	compensation in excess of $50, except for actual and reasonable
1.25 	expenses, in any month as a director, officer, owner, member,
1.26 	partner, employer or employee, or whose securities the
1.27 	individual holds worth $2,500 or more at fair market value.

1.28 	Sec. 2. Minnesota Statutes 2004, section 10A.01, is
1.29 	amended by adding a subdivision to read:
1.30 		Subd. 17c.Immediate family. "Immediate family" means an
1.31 	individual and the individual's spouse, children, parents, and
2.1 	siblings.

2.2 	Sec. 3. Minnesota Statutes 2004, section 10A.025, is
2.3 	amended by adding a subdivision to read:
2.4 		Subd. 1a.Electronic filing. A report or statement
2.5 	required to be filed under this chapter may be filed
2.6 	electronically.  The board shall adopt rules to regulate
2.7 	electronic filing and to ensure that the electronic filing
2.8 	process is secure.

2.9 	Sec. 4. Minnesota Statutes 2004, section 10A.071,
2.10 	subdivision 3, is amended to read:
2.11 		Subd. 3.Exceptions.  (a) The prohibitions in this
2.12 	section do not apply if the gift is:
2.13 	(1) a contribution as defined in section 10A.01,
2.14 	subdivision 11;
2.15 	(2) services to assist an official in the performance of
2.16 	official duties, including but not limited to providing advice,
2.17 	consultation, information, and communication in connection with
2.18 	legislation, and services to constituents;
2.19 	(3) services of insignificant monetary value;
2.20 	(4) a plaque or similar memento recognizing individual
2.21 	services in a field of specialty or to a charitable cause;
2.22 	(5) a trinket or memento of insignificant value;
2.23 	(6) informational material of unexceptional value; or
2.24 	(7) food or a beverage given at a reception, meal, or
2.25 	meeting away from the recipient's place of work by an
2.26 	organization before whom the recipient appears to make a speech
2.27 	or answer questions as part of a program.
2.28 	(b) The prohibitions in this section do not apply if the
2.29 	gift is given:
2.30 	(1) because of the recipient's membership in a group, a
2.31 	majority of whose members are not officials, and an equivalent
2.32 	gift is given to the other members of the group; ~~or~~ 
2.33 	(2) by a lobbyist or principal who is a member of the
2.34 	family of the recipient, unless the gift is given on behalf of
2.35 	someone who is not a member of that family; or 
2.36 	(3) by a national or multistate organization of
3.1 	governmental organizations or public officials, if a majority of
3.2 	the dues to the organization are paid from public funds, to
3.3 	attendees at a conference sponsored by that organization, if the
3.4 	gift is food or a beverage given at a reception or meal and an
3.5 	equivalent gift is given or offered to all other attendees.

3.6 	Sec. 5. Minnesota Statutes 2004, section 10A.08, is
3.7 	amended to read:
3.8 	10A.08 REPRESENTATION DISCLOSURE.
3.9 	A public official who represents a client for a fee before
3.10 	an individual, board, commission, or agency that has rulemaking
3.11 	authority in a hearing conducted under chapter 14, must disclose
3.12 	the official's participation in the action to the board within
3.13 	14 days after the appearance.  The board must send a notice by
3.14 	certified mail to any public official who fails to disclose the
3.15 	participation within 14 days after the appearance.  If the
3.16 	public official fails to disclose the participation within ten
3.17 	business days after the notice was sent, the board may impose a
3.18 	late filing fee of $5 per day, not to exceed $100, starting on
3.19 	the 11th day after the notice was sent. The board must send an
3.20 	additional notice by certified mail to a public official who
3.21 	fails to disclose the participation within 14 days after the
3.22 	first notice was sent by the board that the public official may
3.23 	be subject to a civil penalty for failure to disclose the
3.24 	participation.  A public official who fails to disclose the
3.25 	participation within seven days after the second notice was sent
3.26 	by the board is subject to a civil penalty imposed by the board
3.27 	of up to $1,000.

3.28 	Sec. 6. Minnesota Statutes 2004, section 10A.20,
3.29 	subdivision 5, is amended to read:
3.30 		Subd. 5.Preelection reports.  In a statewide election
3.31 	any loan, contribution, or contributions from any one source
3.32 	totaling $2,000 or more, or in any judicial district or
3.33 	legislative election totaling more than $400, received between
3.34 	the last day covered in the last report before an election and
3.35 	the election must be reported to the board in one of the
3.36 	following ways:
4.1 	(1) in person within 48 hours after its receipt;
4.2 	(2) by telegram or mailgram within 48 hours after its
4.3 	receipt; ~~or~~ 
4.4 	(3) by certified mail sent within 48 hours after its
4.5 	receipt; or 
4.6 	(4) by electronic means sent within 48 hours after its
4.7 	receipt.
4.8 	These loans and contributions must also be reported in the
4.9 	next required report.
4.10 	The 48-hour notice requirement does not apply with respect
4.11 	to a primary in which the statewide or legislative candidate is
4.12 	unopposed.

4.13 	Sec. 7. Minnesota Statutes 2004, section 10A.27,
4.14 	subdivision 1, is amended to read:
4.15 		Subdivision 1.Contribution limits.  (a) Except as
4.16 	provided in subdivision 2, a candidate must not permit the
4.17 	candidate's principal campaign committee to accept aggregate
4.18 	contributions made or delivered by any individual, political
4.19 	committee, or political fund in excess of the following:
4.20 	(1) to candidates for governor and lieutenant governor
4.21 	running together, $2,000 in an election year for the office
4.22 	sought and $500 in other years;
4.23 	(2) to a candidate for attorney general, $1,000 in an
4.24 	election year for the office sought and $200 in other years;
4.25 	(3) to a candidate for the office of secretary of state or
4.26 	state auditor, $500 in an election year for the office sought
4.27 	and $100 in other years;
4.28 	(4) to a candidate for state senator, $500 in an election
4.29 	year for the office sought and $100 in other years; and
4.30 	(5) to a candidate for state representative, $500 in an
4.31 	election year for the office sought and $100 in the other year.
4.32 	(b) The following deliveries are not subject to the
4.33 	bundling limitation in this subdivision:
4.34 	(1) delivery of contributions collected by a member of the
4.35 	candidate's principal campaign committee, such as a block worker
4.36 	or a volunteer who hosts a fund-raising event, to the
5.1 	committee's treasurer; and
5.2 	(2) a delivery made by an individual on behalf of the
5.3 	individual's spouse.
5.4 	(c) A lobbyist,political committee, political party unit,
5.5 	or political fund must not make a contribution a candidate is
5.6 	prohibited from accepting.

5.7 	Sec. 8. Minnesota Statutes 2004, section 10A.28,
5.8 	subdivision 2, is amended to read:
5.9 		Subd. 2.Exceeding contribution limits.  A lobbyist,
5.10 	political committee, political fund, political party unit,or
5.11 	principal campaign committee that makes a contribution, or a
5.12 	candidate who permits the candidate's principal campaign
5.13 	committee to accept contributions, in excess of the limits
5.14 	imposed by section 10A.27 is subject to a civil penalty of up to
5.15 	four times the amount by which the contribution exceeded the
5.16 	limits.

5.17 	Sec. 9. Minnesota Statutes 2004, section 10A.31,
5.18 	subdivision 4, is amended to read:
5.19 		Subd. 4.Appropriation.  (a) The amounts designated by
5.20 	individuals for the state elections campaign fund, less three
5.21 	percent, are appropriated from the general fund, must be
5.22 	transferred and credited to the appropriate account in the state
5.23 	elections campaign fund, and are annually appropriated for
5.24 	distribution as set forth in subdivisions 5, 5a, 6, and 7.  The
5.25 	remaining three percent must be kept in the general fund for
5.26 	administrative costs.
5.27 	(b) In addition to the amounts in paragraph (a), $1,500,000
5.28 	for each general election is appropriated from the general fund
5.29 	for transfer to the general account of the state elections
5.30 	campaign fund.
5.31 	Of this appropriation, $65,000 each fiscal year must be set
5.32 	aside to pay assessments made by the Office of Administrative
5.33 	Hearings under section 211B.37for nonfrivolous complaints.
5.34 	Amounts remaining after all assessments have been paid must be
5.35 	canceled to the general account.

5.36 	Sec. 10. REPEALER.
 6.1 	Minnesota Rules, parts 4501.0300, subparts 1 and 4;
6.2 	4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
6.3 	4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart
6.4 	9; and 4503.0800, subpart 1, are repealed.