1.1                          A bill for an act 
  1.2             relating to ethics in government; clarifying and 
  1.3             simplifying the law related to lobbyist registration, 
  1.4             conflicts of interest, and campaign finance; 
  1.5             eliminating invalid provisions; amending Minnesota 
  1.6             Statutes 1998, sections 10A.01; 10A.02, as amended; 
  1.7             10A.03; 10A.04; 10A.05; 10A.06; 10A.065, subdivisions 
  1.8             1, 1a, and 3; 10A.08; 10A.09; 10A.10; 10A.11; 10A.12; 
  1.9             10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 
  1.10            10A.19; 10A.20; 10A.22, subdivisions 6 and 7; 10A.23; 
  1.11            10A.24; 10A.241; 10A.242; 10A.25; 10A.255, 
  1.12            subdivisions 1 and 3; 10A.265; 10A.27; 10A.275, 
  1.13            subdivision 1; 10A.28; 10A.29; 10A.30, subdivision 1; 
  1.14            10A.31; 10A.315; 10A.321; 10A.322; 10A.323; 10A.324, 
  1.15            subdivisions 1 and 3; 10A.34; 200.02, by adding a 
  1.16            subdivision; and 290.06, subdivision 23; proposing 
  1.17            coding for new law in Minnesota Statutes, chapter 10A; 
  1.18            repealing Minnesota Statutes 1998, sections 10A.065, 
  1.19            subdivision 5; 10A.22, subdivisions 1, 4, and 5; 
  1.20            10A.255, subdivision 2; 10A.275, subdivisions 2 and 3; 
  1.21            10A.324, subdivisions 2 and 4; 10A.325; 10A.335; 
  1.22            10A.40; 10A.41; 10A.42; 10A.43; 10A.44; 10A.45; 
  1.23            10A.46; 10A.47; 10A.48; 10A.49; 10A.50; and 10A.51. 
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25     Section 1.  Minnesota Statutes 1998, section 10A.01,is 
  1.26  amended to read: 
  1.27     10A.01 [DEFINITIONS.] 
  1.28     Subdivision 1.  [~~SCOPE~~ APPLICATION.] For the purposes of 
  1.29  sections 10A.01 to 10A.34, the terms defined in this section 
  1.30  have the meanings given them unless the context clearly 
  1.31  indicates otherwise. 
  1.32     Subd. 2.  [ADMINISTRATIVE ACTION.] "Administrative action" 
  1.33  means an action by any official, board, commission or agency of 
  1.34  the executive branch to adopt, amend, or repeal a rule ~~pursuant~~ 
  2.1   ~~to~~ under chapter 14.  "Administrative action" does not include 
  2.2   the application or administration of an adopted rule, except in 
  2.3   cases of rate setting, power plant and powerline siting, and 
  2.4   granting of certificates of need under ~~chapter 116J~~ section 
  2.5   216B.243.  
  2.6      Subd. 3.  [ASSOCIATION.] "Association" means ~~business,~~ 
  2.7   ~~corporation, firm, partnership, committee, labor organization,~~ 
  2.8   ~~club, or any other~~ a group of two or more persons, ~~which~~ 
  2.9   ~~includes more than~~ who are not all members of an immediate 
  2.10  family, acting in concert. 
  2.11     Subd. 4.  [ASSOCIATED BUSINESS.] "Associated business" 
  2.12  means ~~any~~ an association ~~in connection with~~ from which the 
  2.13  individual ~~is compensated~~ receives compensation in excess of $50 
  2.14  , except for actual and reasonable expenses, in any month as a 
  2.15  director, officer, owner, member, partner, employer or employee, 
  2.16  or ~~is a holder of~~ whose securities the individual holds worth 
  2.17  $2,500 or more at fair market value. 
  2.18     Subd. 5.  [CANDIDATE.] "Candidate" means an individual who 
  2.19  seeks nomination or election ~~to any statewide or legislative~~ 
  2.20  ~~office for which reporting is not required under federal laws.~~  
  2.21  ~~The term candidate shall also include an individual who seeks~~ 
  2.22  ~~nomination or election to supreme court, court of appeals, or~~ 
  2.23  ~~district court judgeships of the~~ as a state constitutional 
  2.24  officer, legislator, or judge.  An individual ~~shall be~~ is deemed 
  2.25  to seek nomination or election if the individual has taken the 
  2.26  action necessary under the law of ~~the~~ this state ~~of Minnesota~~ to 
  2.27  qualify for nomination or election, has received contributions 
  2.28  or made expenditures in excess of $100, or has given implicit or 
  2.29  explicit consent for any other person to receive contributions 
  2.30  or make expenditures in excess of $100, for the purpose of 
  2.31  bringing about the individual's nomination or election.  A 
  2.32  candidate remains a candidate until the candidate's principal 
  2.33  campaign committee is dissolved as provided in section 10A.24. 
  2.34     Subd. 6.  [BOARD.] "Board" means the state campaign finance 
  2.35  and public disclosure board. 
  2.36     Subd. 7.  [CONTRIBUTION.] (a) "Contribution" means ~~a~~ 
  3.1   ~~transfer of funds~~ money, a negotiable instrument, or a donation 
  3.2   in kind that is given to a political committee, political fund, 
  3.3   principal campaign committee, or party unit. 
  3.4      (b) "Contribution" includes ~~any~~ a loan or advance of credit 
  3.5   to a political committee, political fund, ~~or~~ principal campaign 
  3.6   committee, ~~which~~ or party unit, if the loan or advance of credit 
  3.7   is ~~(a)~~:  (1) forgiven~~,~~; or ~~(b) paid~~ (2) repaid by an 
  3.8   individual or an association other than the political committee, 
  3.9   political fund, ~~or~~ principal campaign committee, or party unit 
  3.10  to which the loan or advance of credit ~~is~~ was made.  If an 
  3.11  advance of credit or a loan is forgiven or ~~paid~~ repaid as 
  3.12  provided in this ~~subdivision~~ paragraph, it is a contribution in 
  3.13  the year in which the loan or advance of credit ~~is~~ was made. 
  3.14     ~~A contribution made for the purpose of defeating a~~ 
  3.15  ~~candidate is considered made for the purpose of influencing the~~ 
  3.16  ~~nomination or election of that candidate or any opponent of that~~ 
  3.17  ~~candidate.~~ 
  3.18     (c) "Contribution" does not include services provided 
  3.19  without compensation by an individual volunteering personal time 
  3.20  on behalf of a candidate, ballot question, political committee 
  3.21  ~~or~~ political fund, principal campaign committee, or party unit, 
  3.22  or the publishing or broadcasting of news items or editorial 
  3.23  comments by the news media. 
  3.24     ~~Subd. 7a.  [TRANSFER OF FUNDS.] "Transfer of funds" or~~ 
  3.25  ~~"transfer" means money or negotiable instruments given by an~~ 
  3.26  ~~individual or association to a political committee, political~~ 
  3.27  ~~fund, or principal campaign committee for the purpose of~~ 
  3.28  ~~influencing the nomination or election of a candidate or for the~~ 
  3.29  ~~purpose of promoting or defeating a ballot question.~~ 
  3.30     Subd. 7b.  [DONATION IN KIND.] "Donation in kind" means 
  3.31  anything of value that is given, other than money or negotiable 
  3.32  instruments ~~given by an individual or association to a political~~ 
  3.33  ~~committee, political fund, or principal campaign committee for~~ 
  3.34  ~~the purpose of influencing the nomination or election of a~~ 
  3.35  ~~candidate or for the purpose of promoting or defeating a ballot~~ 
  3.36  ~~question~~.  ~~Donation in kind includes~~ An approved expenditure is 
  4.1   a donation in kind. 
  4.2      Subd. 8.  [DEPOSITORY.] "Depository" means ~~any~~ a bank, 
  4.3   savings association, or credit union~~,~~ organized under federal or 
  4.4   state law and transacting business within ~~Minnesota~~ this state. 
  4.5      Subd. 9.  [ELECTION.] "Election" means a primary, special 
  4.6   primary, general, or special election. 
  4.7      Subd. 9a.  [ELECTION CYCLE.] "Election cycle" means the 
  4.8   period from January 1 following a general election for an office 
  4.9   to December 31 following the next general election for that 
  4.10  office, except that "election cycle" for a special election 
  4.11  means the period from the date the special election writ is 
  4.12  issued to 60 days after the special election is held. 
  4.13     Subd. 10.  [CAMPAIGN EXPENDITURE.] "Campaign expenditure" 
  4.14  or "expenditure" means a purchase or payment of money or 
  4.15  anything of value, or an advance of credit, made or incurred for 
  4.16  the purpose of influencing the nomination or election of a 
  4.17  candidate or for the purpose of promoting or defeating a ballot 
  4.18  question. 
  4.19     An expenditure is considered to be made in the year in 
  4.20  which the candidate made the purchase of goods or services or 
  4.21  incurred an obligation to pay for goods or services. 
  4.22     An expenditure made for the purpose of defeating a 
  4.23  candidate is considered made for the purpose of influencing the 
  4.24  nomination or election of that candidate or any opponent of that 
  4.25  candidate. 
  4.26     Except as provided in clause ~~(a)~~ (1), "expenditure" 
  4.27  includes the dollar value of a donation in kind. 
  4.28     "Expenditure" does not include: 
  4.29     ~~(a)~~ (1) noncampaign disbursements as defined in subdivision 
  4.30  10c; 
  4.31     ~~(b) Transfers as defined in subdivision 7a;~~ 
  4.32     ~~(c)~~ (2) services provided without compensation by an 
  4.33  individual volunteering personal time on behalf of a candidate, 
  4.34  ballot question, political committee, ~~or~~ political fund, 
  4.35  principal campaign committee, or party unit; or 
  4.36     ~~(d)~~ (3) the publishing or broadcasting of news items or 
  5.1   editorial comments by the news media. 
  5.2      Subd. 10a.  [APPROVED EXPENDITURE.] "Approved expenditure" 
  5.3   means an expenditure made on behalf of a candidate by an entity 
  5.4   other than the principal campaign committee of ~~that~~ the 
  5.5   candidate, ~~which~~ if the expenditure is made with the 
  5.6   authorization or expressed or implied consent of, or in 
  5.7   cooperation or in concert with, or at the request or suggestion 
  5.8   of ~~that~~ the candidate, the candidate's principal campaign 
  5.9   committee, or the candidate's agent.  An approved expenditure is 
  5.10  a contribution to that candidate. 
  5.11     Subd. 10b.  [INDEPENDENT EXPENDITURE.] "Independent 
  5.12  expenditure" means an expenditure expressly advocating the 
  5.13  election or defeat of a clearly identified candidate, ~~which~~ if 
  5.14  the expenditure is made without the express or implied consent, 
  5.15  authorization, or cooperation of, and not in concert with or at 
  5.16  the request or suggestion of, any candidate or any candidate's 
  5.17  principal campaign committee or agent.  An independent 
  5.18  expenditure is not a contribution to that candidate.  An 
  5.19  expenditure by a political party or political party unit~~, as~~ 
  5.20  ~~defined in section 10A.275, subdivision 3,~~ in a race where the 
  5.21  political party has a candidate on the ballot is not an 
  5.22  independent expenditure. 
  5.23     Subd. 10c.  [NONCAMPAIGN DISBURSEMENT.] "Noncampaign 
  5.24  disbursement" means a purchase or payment of money or anything 
  5.25  of value made, or an advance of credit incurred, or a donation 
  5.26  in kind received, by a ~~political committee, political fund, or~~ 
  5.27  principal campaign committee for any of the following purposes: 
  5.28     ~~(a)~~ (1) payment for accounting and legal services; 
  5.29     ~~(b)~~ (2) return of a contribution to the source; 
  5.30     ~~(c)~~ (3) repayment of a loan made to the ~~political~~ 
  5.31  ~~committee, political fund, or~~ principal campaign committee by 
  5.32  that committee ~~or fund~~; 
  5.33     ~~(d)~~ (4) return of a public subsidy; 
  5.34     ~~(e)~~ (5) payment for food, beverages, entertainment, and 
  5.35  facility rental for a fundraising event; 
  5.36     ~~(f)~~ (6) services for a constituent by a member of the 
  6.1   legislature or a constitutional officer in the executive branch, 
  6.2   performed from the beginning of the term of office to 
  6.3   adjournment sine die of the legislature in the election year for 
  6.4   the office held, and half the cost of services for a constituent 
  6.5   by a member of the legislature or a constitutional officer in 
  6.6   the executive branch performed from adjournment sine die to 60 
  6.7   days after adjournment sine die; 
  6.8      ~~(g) a donation in kind given to the political committee,~~ 
  6.9   ~~political fund, or principal campaign committee for purposes~~ 
  6.10  ~~listed in clauses (e) and (f);~~ 
  6.11     ~~(h)~~ (7) payment for food and beverages provided to campaign 
  6.12  volunteers while they are engaged in campaign activities; 
  6.13     ~~(i)~~ (8) payment of expenses incurred by elected or 
  6.14  appointed leaders of a legislative caucus in carrying out their 
  6.15  leadership responsibilities; 
  6.16     ~~(j)~~ (9) payment by a principal campaign committee of the 
  6.17  candidate's expenses for serving in public office, other than 
  6.18  for personal uses; 
  6.19     ~~(k)~~ (10) costs of child care for the candidate's children 
  6.20  when campaigning; 
  6.21     ~~(l)~~ (11) fees paid to attend a campaign school; 
  6.22     ~~(m)~~ (12) costs of a postelection party during the election 
  6.23  year when a candidate's name will no longer appear on a ballot 
  6.24  or the general election is concluded, whichever occurs first; 
  6.25     ~~(n)~~ (13) interest on loans paid by a principal campaign 
  6.26  committee on outstanding loans; 
  6.27     ~~(o)~~ (14) filing fees; 
  6.28     ~~(p)~~ (15) post-general election thank-you notes or 
  6.29  advertisements in the news media; 
  6.30     ~~(q)~~ (16) the cost of campaign material purchased to replace 
  6.31  defective campaign material, if the defective material is 
  6.32  destroyed without being used; 
  6.33     ~~(r) transfers~~ (17) contributions to a party unit ~~as defined~~ 
  6.34  ~~in section 10A.275, subdivision 3~~; and 
  6.35     ~~(s)~~ (18) other purchases or payments specified in board 
  6.36  rules or advisory opinions as being for any purpose other than 
  7.1   to influence the nomination or election of a candidate or to 
  7.2   promote or defeat a ballot question. 
  7.3      The board shall determine whether an activity involves a 
  7.4   noncampaign disbursement within the meaning of this subdivision. 
  7.5      A noncampaign disbursement is considered to be made in the 
  7.6   year in which the candidate made the purchase of goods or 
  7.7   services or incurred an obligation to pay for goods or services. 
  7.8      Subd. 11.  [LOBBYIST.] (a) "Lobbyist" means an individual: 
  7.9      (1) engaged for pay or other consideration, or authorized 
  7.10  to spend money by another individual, association, political 
  7.11  subdivision, or public higher education system, who spends more 
  7.12  than five hours in any month or more than $250, not including 
  7.13  the individual's own travel expenses and membership dues, in any 
  7.14  year, for the purpose of attempting to influence legislative or 
  7.15  administrative action, or the official action of a metropolitan 
  7.16  governmental unit, by communicating or urging others to 
  7.17  communicate with public or local officials; or 
  7.18     (2) who spends more than $250, not including the 
  7.19  individual's own traveling expenses and membership dues, in any 
  7.20  year for the purpose of attempting to influence legislative or 
  7.21  administrative action, or the official action of a metropolitan 
  7.22  governmental unit, by communicating or urging others to 
  7.23  communicate with public or local officials. 
  7.24     (b) "Lobbyist" does not include: 
  7.25     (1) a public official; 
  7.26     (2) an employee of the state, including an employee of any 
  7.27  of the public higher education systems; 
  7.28     (3) an elected local official; 
  7.29     (4) a nonelected local official or an employee of a 
  7.30  political subdivision acting in an official capacity, unless the 
  7.31  nonelected official or employee of a political subdivision 
  7.32  spends more than 50 hours in any month attempting to influence 
  7.33  legislative or administrative action, or the official action of 
  7.34  a metropolitan governmental unit other than the political 
  7.35  subdivision employing the official or employee, by communicating 
  7.36  or urging others to communicate with public or local officials, 
  8.1   including time spent monitoring legislative or administrative 
  8.2   action, or the official action of a metropolitan governmental 
  8.3   unit, and related research, analysis, and compilation and 
  8.4   dissemination of information relating to legislative or 
  8.5   administrative policy in this state, or to the policies of 
  8.6   metropolitan governmental units; 
  8.7      (5) a party or the party's representative appearing in a 
  8.8   proceeding before a state board, commission, or agency of the 
  8.9   executive branch unless the board, commission, or agency is 
  8.10  taking administrative action; 
  8.11     (6) an individual while engaged in selling goods or 
  8.12  services to be paid for by public funds; 
  8.13     (7) a news medium or its employees or agents while engaged 
  8.14  in the publishing or broadcasting of news items, editorial 
  8.15  comments, or paid advertisements which directly or indirectly 
  8.16  urge official action; 
  8.17     (8) a paid expert witness whose testimony is requested by 
  8.18  the body before which the witness is appearing, but only to the 
  8.19  extent of preparing or delivering testimony; or 
  8.20     (9) ~~a stockholder of a family farm corporation as defined~~ 
  8.21  ~~in section 500.24, subdivision 2, who does not spend over $250,~~ 
  8.22  ~~excluding the stockholder's own travel expenses, in any year in~~ 
  8.23  ~~communicating with public officials; or~~ 
  8.24     ~~(10)~~ a party or the party's representative appearing to 
  8.25  present a claim to the legislature and communicating to 
  8.26  legislators only by the filing of a claim form and supporting 
  8.27  documents and by appearing at public hearings on the claim. 
  8.28     Subd. 12.  [MAJOR POLITICAL PARTY.] "Major political party" 
  8.29  means a major political party as defined in section 200.02, 
  8.30  subdivision 7. 
  8.31     Subd. 13.  [MINOR POLITICAL PARTY.] "Minor political party" 
  8.32  means ~~any party other than a major~~ a minor political party~~:~~ as 
  8.33  defined in section 200.02, subdivision 23. 
  8.34     ~~(a) Under whose name in the last applicable general~~ 
  8.35  ~~election a candidate filed for legislative office and received~~ 
  8.36  ~~not less than ten percent of the vote for that office, or filed~~ 
  9.1   ~~for statewide office; or~~ 
  9.2      ~~(b) Which files a petition with the secretary of state~~ 
  9.3   ~~containing the names of 2,000 individuals registered to vote in~~ 
  9.4   ~~Minnesota and declaring that the signers desire that the party~~ 
  9.5   ~~be eligible to receive money from the state elections campaign~~ 
  9.6   ~~fund in the same manner as a major political party.~~ 
  9.7      ~~For the purposes of this chapter, all individuals who are~~ 
  9.8   ~~eligible to vote in areas where there is no permanent system of~~ 
  9.9   ~~registration shall be considered registered voters.~~ 
  9.10     Subd. 15.  [POLITICAL COMMITTEE.] "Political committee" 
  9.11  means ~~any~~ an association ~~as defined in subdivision 3~~ whose major 
  9.12  purpose is to influence the nomination or election of a 
  9.13  candidate or to promote or defeat a ballot question~~.~~ 
  9.14     ~~"Political committee" includes a major political party as~~ 
  9.15  ~~defined in subdivision 12, a minor political party as defined in~~ 
  9.16  ~~subdivision 13, and any~~, other than a principal campaign 
  9.17  committee ~~formed pursuant to section 10A.19~~ or a political party 
  9.18  unit. 
  9.19     Subd. 16.  [POLITICAL FUND.] "Political fund" means ~~any~~ an 
  9.20  accumulation of dues or voluntary contributions by an 
  9.21  association other than a political committee, ~~which~~ principal 
  9.22  campaign committee, or party unit, if the accumulation is 
  9.23  collected or expended ~~for the purpose of influencing~~ to 
  9.24  influence the nomination or election of a candidate or ~~for the~~ 
  9.25  ~~purpose of promoting~~ to promote or ~~defeating~~ defeat a ballot 
  9.26  question. 
  9.27     Subd. 17.  [POLITICAL PARTY.] "Political party" means 
  9.28  ~~either~~ a major political party or a minor political party.  A 
  9.29  political party is the aggregate of all its political party 
  9.30  units in this state.  
  9.31     Subd. 17a.  [POLITICAL PARTY UNIT.] "Political party unit" 
  9.32  or "party unit" means the state committee or the party 
  9.33  organization within a house of the legislature, congressional 
  9.34  district, county, legislative district, municipality, or 
  9.35  precinct. 
  9.36     Subd. 17b.  [PRINCIPAL CAMPAIGN COMMITTEE.] "Principal 
 10.1   campaign committee" means a principal campaign committee formed 
 10.2   under section 10A.19. 
 10.3      Subd. 18.  [PUBLIC OFFICIAL.] "Public official" means any: 
 10.4      ~~(a)~~ (1) member of the legislature; 
 10.5      (2) individual employed by the legislature as secretary of 
 10.6   the senate, legislative auditor, chief clerk of the house, 
 10.7   revisor of statutes, or researcher, legislative analyst, or 
 10.8   attorney in the office of senate counsel and research or house 
 10.9   research; 
 10.10     ~~(b)~~ (3) constitutional officer in the executive branch and 
 10.11  the officer's chief administrative deputy; 
 10.12     ~~(c) member, chief administrative officer or deputy chief~~ 
 10.13  ~~administrative officer of a state board or commission which has~~ 
 10.14  ~~at least one of the following powers:  (i) the power to adopt,~~ 
 10.15  ~~amend or repeal rules, or (ii) the power to adjudicate contested~~ 
 10.16  ~~cases or appeals;~~ 
 10.17     (4) solicitor general or deputy, assistant, or special 
 10.18  assistant attorney general; 
 10.19     ~~(d)~~ (5) commissioner, deputy commissioner, or assistant 
 10.20  commissioner of any state department or agency as ~~designated~~ 
 10.21  ~~pursuant to~~ listed in section 15.01 or 15.06; 
 10.22     (6) member, chief administrative officer, or deputy chief 
 10.23  administrative officer of a state board or commission that has 
 10.24  either the power to adopt, amend, or repeal rules, or the power 
 10.25  to adjudicate contested cases or appeals; 
 10.26     ~~(e)~~ (7) individual employed in the executive branch who is 
 10.27  authorized to adopt, amend, or repeal rules or adjudicate 
 10.28  contested cases; 
 10.29     ~~(f)~~ (8) executive director of the state board of 
 10.30  investment; 
 10.31     ~~(g) executive director of the Indian affairs intertribal~~ 
 10.32  ~~board;~~ 
 10.33     ~~(h) commissioner of the iron range resources and~~ 
 10.34  ~~rehabilitation board;~~ 
 10.35     ~~(i) commissioner of mediation services;~~ 
 10.36     ~~(j)~~ (9) deputy of any official listed in clauses ~~(e) to~~ 
 11.1   ~~(i)~~ (7) and (8); 
 11.2      ~~(k)~~ (10) judge of the workers' compensation court of 
 11.3   appeals; 
 11.4      ~~(l)~~ (11) administrative law judge or compensation judge in 
 11.5   the state office of administrative hearings or referee in the 
 11.6   department of economic security; 
 11.7      ~~(m) solicitor general or deputy, assistant or special~~ 
 11.8   ~~assistant attorney general;~~ 
 11.9      ~~(n) individual employed by the legislature as secretary of~~ 
 11.10  ~~the senate, legislative auditor, chief clerk of the house,~~ 
 11.11  ~~revisor of statutes, or researcher, legislative analyst, or~~ 
 11.12  ~~attorney in the office of senate counsel and research or house~~ 
 11.13  ~~research;~~ 
 11.14     ~~(o)~~ (12) member, regional administrator, division director, 
 11.15  general counsel, or operations manager of the metropolitan 
 11.16  council; 
 11.17     (13) member or chief administrator of a metropolitan 
 11.18  agency; 
 11.19     ~~(p) the director of the racing commission, the director of~~ 
 11.20  ~~the gambling control board, the director of the state lottery,~~ 
 11.21  ~~and the deputy director of the state lottery;~~ 
 11.22     ~~(q)~~ (14) director of the division of alcohol and gambling 
 11.23  enforcement in the department of public safety; 
 11.24     ~~(r)~~ (15) member or executive director of the higher 
 11.25  education facilities authority; 
 11.26     ~~(s)~~ (16) member of the board of directors or president of 
 11.27  the Minnesota world trade center corporation~~;~~ or 
 11.28     ~~(t) member or chief administrator of a metropolitan agency~~ 
 11.29  Minnesota Technology, Inc.; or 
 11.30     (17) member of the board of directors or executive director 
 11.31  of the Minnesota state high school league. 
 11.32     ~~Subd. 19.  [OFFICE HOLDER.] "Office holder" means an~~ 
 11.33  ~~individual who holds any statewide or legislative office, except~~ 
 11.34  ~~a federal office for which candidates are required to report~~ 
 11.35  ~~under federal laws, state supreme court justice, and judges of~~ 
 11.36  ~~the court of appeals or district court.~~  
 12.1      Subd. 20.  [ADVANCE OF CREDIT.] "Advance of credit" means 
 12.2   any money owed for goods provided or services rendered.  ~~An~~ 
 12.3   ~~advance of credit is an expenditure or a noncampaign~~ 
 12.4   ~~disbursement in the year in which the goods or services are used~~ 
 12.5   ~~or consumed.~~  "Advance of credit" does not mean a loan as 
 12.6   defined in subdivision 21. 
 12.7      Subd. 21.  [LOAN.] "Loan" means an advance of money or 
 12.8   anything of value made to a political committee, political fund, 
 12.9   ~~or~~ principal campaign committee, or party unit. 
 12.10     Subd. 22.  [FINANCIAL INSTITUTION.] "Financial institution" 
 12.11  means a lending institution chartered by an agency of the 
 12.12  federal government or regulated by the commissioner of commerce. 
 12.13     Subd. 23.  [BALLOT QUESTION.] "Ballot question" means a 
 12.14  question or proposition ~~which~~ that is placed on the ballot and 
 12.15  ~~which~~ that may be voted on by all voters of the state.  
 12.16  "Promoting or defeating a ballot question" includes activities 
 12.17  related to qualifying the question for placement on the ballot.  
 12.18     Subd. 24.  [STATE COMMITTEE.] "State committee" means the 
 12.19  organization ~~which~~ that, by virtue of the bylaws of a political 
 12.20  party, is responsible for the day-to-day operation of the 
 12.21  political party at the state level.  
 12.22     Subd. 25.  [LOCAL OFFICIAL.] "Local official" means a 
 12.23  person who holds elective office in a political subdivision or 
 12.24  who is appointed to or employed in a public position in a 
 12.25  political subdivision in which the person has authority to make, 
 12.26  to recommend, or to vote on as a member of the governing body, 
 12.27  major decisions regarding the expenditure or investment of 
 12.28  public money. 
 12.29     Subd. 26.  [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 
 12.30  governmental unit" means any of the seven counties in the 
 12.31  metropolitan area as defined in section 473.121, subdivision 2, 
 12.32  a regional railroad authority established by one or more of 
 12.33  those counties under section 398A.03, a city with a population 
 12.34  of over 50,000 located in the seven-county metropolitan area, 
 12.35  the metropolitan council, or a metropolitan agency as defined in 
 12.36  section 473.121, subdivision 5a~~, the Minnesota state high school~~ 
 13.1   ~~league, and Minnesota Technology, Inc~~. 
 13.2      Subd. 27.  [POLITICAL SUBDIVISION.] "Political subdivision" 
 13.3   means the metropolitan council, a metropolitan agency as defined 
 13.4   in section 473.121, subdivision 5a, or a municipality as defined 
 13.5   in section 471.345, subdivision 1~~, the Minnesota state high~~ 
 13.6   ~~school league, and Minnesota Technology, Inc~~. 
 13.7      Subd. 28.  [PRINCIPAL.] "Principal" means an individual or 
 13.8   association that:  
 13.9      (1) spends more than $500 in the aggregate in any calendar 
 13.10  year to engage a lobbyist, compensate a lobbyist, or authorize 
 13.11  the expenditure of money by a lobbyist; or 
 13.12     (2) is not included in clause (1) and spends a total of at 
 13.13  least $50,000 in any calendar year on efforts to influence 
 13.14  legislative action, administrative action, or the official 
 13.15  action of metropolitan governmental units, as described in 
 13.16  section 10A.04, subdivision 6.  
 13.17     Subd. 29.  [POPULATION.] "Population" means the population 
 13.18  established by the most recent federal census, by a special 
 13.19  census taken by the United States Bureau of the Census, by an 
 13.20  estimate made by the metropolitan council, or by an estimate 
 13.21  made by the state demographer under section 4A.02, whichever has 
 13.22  the latest stated date of count or estimate. 
 13.23     Sec. 2.  Minnesota Statutes 1998, section 10A.02, as 
 13.24  amended by Laws 1999, chapter 1, section 1, is amended to read: 
 13.25     10A.02 [BOARD OF CAMPAIGN FINANCE AND PUBLIC DISCLOSURE.] 
 13.26     Subdivision 1.  [MEMBERSHIP.] ~~There is hereby created a~~ 
 13.27  ~~state~~ The campaign finance and public disclosure board is 
 13.28  composed of six members.  The ~~members shall be appointed by the~~ 
 13.29  governor shall appoint the members with the advice and consent 
 13.30  of three-fifths of both the senate and the house of 
 13.31  representatives acting separately.  If either house fails to 
 13.32  confirm the appointment of a board member within 45 legislative 
 13.33  days after appointment or by adjournment sine die, whichever 
 13.34  occurs first, the appointment shall terminate on the day 
 13.35  following the 45th legislative day or on adjournment sine die, 
 13.36  whichever occurs first.  If either house votes not to confirm an 
 14.1   appointment, the appointment terminates on the day following the 
 14.2   vote not to confirm.  Two members ~~shall~~ must be former members 
 14.3   of the legislature who support different political parties; two 
 14.4   members ~~shall~~ must be persons who have not been public 
 14.5   officials, held any political party office other than precinct 
 14.6   delegate, or been elected to public office for which party 
 14.7   designation is required by statute in the three years preceding 
 14.8   the date of their appointment; and the other two members ~~shall~~ 
 14.9   must support different political parties.  No more than three of 
 14.10  the members of the board ~~shall~~ may support the same political 
 14.11  party.  No member of the board may currently serve as a lobbyist.
 14.12     Subd. 2.  [VACANCY; TERMS.] ~~Any~~ An appointment to fill a 
 14.13  vacancy ~~shall be~~ is made only for the unexpired term of a member 
 14.14  who is being replaced and the appointee ~~shall~~ must meet the same 
 14.15  stated qualifications as the member being replaced.  The 
 14.16  membership terms, compensation, and removal of members on the 
 14.17  board ~~shall be~~ are as provided in section 15.0575, except that 
 14.18  the extension of terms and the filling of vacancies ~~shall be~~ are 
 14.19  subject to the advice and consent of the legislature in the same 
 14.20  manner as provided in subdivision 1. 
 14.21     Subd. 3.  [VOTE REQUIRED.] The concurring vote of four 
 14.22  members of the board ~~shall be~~ is required to decide any matter 
 14.23  before the board. 
 14.24     Subd. 4.  [OFFICERS.] The board shall elect from among its 
 14.25  members a chair~~,~~ and a vice-chair ~~and a secretary~~.  ~~The~~ 
 14.26  ~~secretary shall keep a record of all proceedings and actions by~~ 
 14.27  ~~the board.~~  Meetings of the board ~~shall be~~ are at the call of 
 14.28  the chair or at the call of any four members of the board acting 
 14.29  together. 
 14.30     Subd. 5.  [EXECUTIVE DIRECTOR; STAFF.] The board shall 
 14.31  appoint an executive director ~~who shall be~~.  The executive 
 14.32  director is in the unclassified service.  The executive director 
 14.33  serves as secretary of the board and shall keep a record of all 
 14.34  proceedings and actions by the board.  The board may also employ 
 14.35  and prescribe the duties of other permanent or temporary 
 14.36  employees in the unclassified service as may be necessary to 
 15.1   administer this chapter, subject to appropriation.  The 
 15.2   executive director and all other employees ~~shall~~ serve at the 
 15.3   pleasure of the board.  Expenses of the board ~~shall~~ must be 
 15.4   approved by the chair or ~~such other~~ another member as the rules 
 15.5   of the board may provide and the expenses ~~shall~~ must then be 
 15.6   paid in the same manner as other state expenses are paid. 
 15.7      Subd. 7.  [POLITICAL ACTIVITY.] All members and employees 
 15.8   of the board ~~shall be~~ are subject to any provisions of law 
 15.9   regulating political activity by state employees.  In addition, 
 15.10  no member or employee of the board ~~shall~~ may be a candidate for, 
 15.11  or holder of, ~~(a)~~ (1) a national, state, congressional district, 
 15.12  legislative district, county, or precinct office in a political 
 15.13  party, or ~~(b)~~ (2) an elected public office for which party 
 15.14  designation is required by statute. 
 15.15     Subd. 8.  [DUTIES.] (a) The board shall~~:~~ 
 15.16     ~~(a)~~ report at the close of each fiscal year to the 
 15.17  legislature, the governor, and the public concerning the action 
 15.18  it has taken, the names, salaries, and duties of all individuals 
 15.19  in its employ, and the money it has disbursed.  The board shall 
 15.20  include and identify in its report any other reports it has made 
 15.21  during the fiscal year.  It may indicate apparent abuses and 
 15.22  offer legislative recommendations~~;~~. 
 15.23     (b) The board shall prescribe forms for statements and 
 15.24  reports required to be filed under this chapter and make the 
 15.25  forms available to individuals required to file them~~;~~. 
 15.26     (c) The board shall make available to the individuals 
 15.27  required to file the reports and statements a manual setting 
 15.28  forth the recommended uniform methods of bookkeeping and 
 15.29  reporting~~;~~. 
 15.30     (d) The board shall develop a filing, coding, and 
 15.31  cross-indexing system consistent with the purposes of this 
 15.32  chapter~~;~~. 
 15.33     (e) The board shall make the reports and statements filed 
 15.34  with it available for public inspection and copying by the end 
 15.35  of the second day following the day on which they were 
 15.36  received.  ~~Any~~ An individual may copy a report or statement by 
 16.1   hand or by duplicating machine and the board shall provide 
 16.2   duplicating services at cost for this purpose.  ~~No information~~ 
 16.3   ~~copied from reports and statements shall be sold or utilized by~~ 
 16.4   ~~any individual or association for any commercial purpose.~~  
 16.5   ~~"Commercial purpose" does not include purposes related to~~ 
 16.6   ~~elections, political activities, or law enforcement.  Any~~ 
 16.7   ~~individual or association violating the provisions of this~~ 
 16.8   ~~clause may be subject to a civil penalty of up to $1,000.  An~~ 
 16.9   ~~individual who knowingly violates this subdivision is guilty of~~ 
 16.10  ~~a misdemeanor;~~ 
 16.11     (f) Notwithstanding ~~the provisions of~~ section 138.163, the 
 16.12  board shall preserve reports and statements for a period of five 
 16.13  years from the date of receipt~~;~~. 
 16.14     (g) The board shall compile and maintain a current list and 
 16.15  summary of all statements or parts of statements pertaining to 
 16.16  each candidate~~; and~~. 
 16.17     (h) The board shall prepare and publish reports ~~as~~ it ~~may~~ 
 16.18  ~~deem~~ considers appropriate. 
 16.19     Subd. 9.  [DOCUMENTS; INFORMATION.] The executive 
 16.20  director ~~of the board or the director's staff~~ shall inspect all 
 16.21  material filed with the board as promptly as ~~is~~ necessary to 
 16.22  comply with ~~the provisions of~~ this chapter~~,~~ and other provisions 
 16.23  of law requiring the filing of a document with the board.  The 
 16.24  executive director shall immediately notify the individual 
 16.25  required to file a document with the board if a written 
 16.26  complaint is filed with the board ~~by any registered voter~~ 
 16.27  alleging, or it otherwise appears, that a document filed with 
 16.28  the board is inaccurate or does not comply with ~~the provisions~~ 
 16.29  ~~of~~ this chapter, or that the individual has failed to file a 
 16.30  document required by this chapter.  The executive director ~~and~~ 
 16.31  ~~staff~~ may provide an individual required to file a document 
 16.32  under this chapter with factual information concerning the 
 16.33  limitations on corporate campaign contributions imposed by 
 16.34  section 211B.15. 
 16.35     Subd. 10.  [AUDITS AND INVESTIGATIONS.] The board may make 
 16.36  audits and investigations with respect to statements and reports 
 17.1   ~~which~~ that are filed or ~~which~~ that should have been filed 
 17.2   under ~~the provisions of~~ this chapter.  In all matters relating 
 17.3   to its official duties, the board ~~shall have~~ has the power to 
 17.4   issue subpoenas and cause them to be served.  If a person does 
 17.5   not comply with a subpoena, the board may apply to the district 
 17.6   court of Ramsey county for issuance of an order compelling 
 17.7   obedience to the subpoena.  A person failing to obey the order 
 17.8   is punishable by the court as for contempt. 
 17.9      Subd. 11.  [VIOLATIONS; ENFORCEMENT.] (a) The board may 
 17.10  investigate any alleged violation of this chapter.  The board 
 17.11  shall investigate any violation ~~which~~ that is alleged in a 
 17.12  written complaint filed with the board and~~, except for alleged~~ 
 17.13  ~~violations of section 10A.25 or 10A.27,~~ shall within 30 days 
 17.14  after the filing of the complaint make a public finding of 
 17.15  whether ~~or not~~ there is probable cause to believe a violation 
 17.16  has occurred~~.  In the case of a written~~, except that if the 
 17.17  complaint ~~alleging~~ alleges a violation of section 10A.25 or 
 17.18  10A.27, the board shall either enter a conciliation agreement or 
 17.19  make a public finding of whether ~~or not~~ there is probable cause, 
 17.20  within 60 days ~~of~~ after the filing of the complaint.  The 
 17.21  deadline for action on ~~any~~ a written complaint may be extended 
 17.22  by majority vote of the board.  
 17.23     (b) Within a reasonable time after beginning an 
 17.24  investigation of an individual or association, the board shall 
 17.25  notify ~~that~~ the individual or association of the fact of the 
 17.26  investigation.  The board shall not make ~~no~~ a finding of whether 
 17.27  ~~or not~~ there is probable cause to believe a violation has 
 17.28  occurred without notifying the individual or association of the 
 17.29  nature of the allegations and affording an opportunity to answer 
 17.30  those allegations.  
 17.31     ~~Any~~ (c) A hearing or action of the board concerning ~~any~~ a 
 17.32  complaint or investigation other than a finding concerning 
 17.33  probable cause or a conciliation agreement ~~shall be~~ is 
 17.34  confidential.  Until the board makes a public finding concerning 
 17.35  probable cause or enters a conciliation agreement: 
 17.36     ~~(a) No~~ (1) a member, employee, or agent of the board shall 
 18.1   not disclose to ~~any~~ an individual ~~any~~ information obtained by 
 18.2   that member, employee, or agent concerning ~~any~~ a complaint or 
 18.3   investigation except as required to carry out the investigation 
 18.4   or take action in the matter as authorized by this chapter; and 
 18.5      ~~(b) Any~~ (2) an individual who discloses information 
 18.6   contrary to ~~the provisions of~~ this subdivision ~~shall be~~ is 
 18.7   guilty of a misdemeanor.  
 18.8      (d) Except as provided in section 10A.28, after the board 
 18.9   makes a public finding of probable cause the board shall report 
 18.10  that finding to the appropriate law enforcement authorities. 
 18.11     Subd. 11a.  [DATA PRIVACY.] If, after making a public 
 18.12  finding concerning probable cause or entering a conciliation 
 18.13  agreement, the board determines that the record of the 
 18.14  investigation contains statements, documents, or other 
 18.15  matter ~~which~~ that, if disclosed, would unfairly injure the 
 18.16  reputation of an innocent individual, the board may: 
 18.17     ~~(a)~~ (1) retain ~~any such~~ the statement, document, or other 
 18.18  matter as a private record, as ~~"private" is~~ defined in section 
 18.19  13.02, subdivision 12, for a period of one year, after which it 
 18.20  ~~shall~~ must be destroyed; or 
 18.21     ~~(b)~~ (2) return ~~any such~~ the statement, document, or other 
 18.22  matter to the individual who supplied it to the board. 
 18.23     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
 18.24  publish advisory opinions on the requirements of this chapter 
 18.25  based upon real or hypothetical situations.  An application for 
 18.26  an advisory opinion may be made only by an individual or 
 18.27  association who wishes to use the opinion to guide the 
 18.28  individual's or the association's own conduct.  The board shall 
 18.29  issue written opinions on all such questions submitted to it 
 18.30  within 30 days after receipt of written application, unless a 
 18.31  majority of the board agrees to extend the time limit.  
 18.32     (b) A written advisory opinion issued by the board is 
 18.33  binding on the board in ~~any~~ a subsequent board proceeding 
 18.34  concerning the person making or covered by the request and is a 
 18.35  defense in a judicial proceeding that involves the subject 
 18.36  matter of the opinion and is brought against the person making 
 19.1   or covered by the request unless: 
 19.2      (1) the board has amended or revoked the opinion before the 
 19.3   initiation of the board or judicial proceeding, has notified the 
 19.4   person making or covered by the request of its action, and has 
 19.5   allowed at least 30 days for the person to do anything that 
 19.6   might be necessary to comply with the amended or revoked 
 19.7   opinion; 
 19.8      (2) the request has omitted or misstated material facts; or 
 19.9      (3) the person making or covered by the request has not 
 19.10  acted in good faith in reliance on the opinion. 
 19.11     (c) A request for an opinion and the opinion itself are 
 19.12  nonpublic data.  The board, however, may publish an opinion or a 
 19.13  summary of an opinion, but may not include in the publication 
 19.14  the name of the requester, the name of a person covered by a 
 19.15  request from an agency or political subdivision, or any other 
 19.16  information that might identify the requester, unless the person 
 19.17  consents to the inclusion. 
 19.18     Subd. 12a.  [ADVISORY OPINIONS; RULES.] If the board 
 19.19  intends to apply principles of law or policy announced in an 
 19.20  advisory opinion issued under subdivision 12 more broadly than 
 19.21  to the individual or association to whom the opinion was issued, 
 19.22  the board must adopt these principles or policies as rules under 
 19.23  chapter 14. 
 19.24     Subd. 13.  [RULES.] ~~The provisions of~~ Chapter 14 ~~apply~~ 
 19.25  applies to the board.  The board may adopt rules to carry out 
 19.26  the purposes of this chapter. 
 19.27     Subd. 14.  [LEGAL SERVICES.] Notwithstanding ~~the provisions~~ 
 19.28  ~~of~~ section 8.15, the board must not be assessed the cost of 
 19.29  legal services rendered to it by the attorney general's office. 
 19.30     Sec. 3.  [10A.025] [FILING DATE.] 
 19.31     If a scheduled filing date under this chapter falls on a 
 19.32  Saturday, Sunday, or legal holiday, the filing date is the next 
 19.33  regular business day. 
 19.34     Sec. 4.  Minnesota Statutes 1998, section 10A.03, is 
 19.35  amended to read: 
 19.36     10A.03 [LOBBYIST REGISTRATION.] 
 20.1      Subdivision 1.  [~~FILING OF~~ FIRST REGISTRATION ~~FORM~~.] ~~Each~~ 
 20.2   A lobbyist shall file a registration form with the board within 
 20.3   five days after becoming a lobbyist. 
 20.4      Subd. 2.  [~~CONTENTS OF~~ FORM.] The board shall prescribe a 
 20.5   registration form ~~shall be prescribed by the board and shall~~, 
 20.6   which must include:  
 20.7      ~~(a)~~ (1) the name and address of the lobbyist~~,~~; 
 20.8      ~~(b)~~ (2) the principal place of business of the lobbyist~~,~~; 
 20.9      ~~(c)~~ (3) the name and address of each ~~person~~ individual, 
 20.10  association, political subdivision, or public higher education 
 20.11  system, if any, by whom the lobbyist is retained or employed or 
 20.12  on whose behalf the lobbyist appears~~,~~; and 
 20.13     ~~(d)~~ (4) a general description of the subject or subjects on 
 20.14  which the lobbyist expects to lobby.  
 20.15     If the lobbyist lobbies on behalf of an association, the 
 20.16  registration form ~~shall~~ must include the name and address of the 
 20.17  officers and directors of the association. 
 20.18     Subd. 3.  [~~NOTICE; LATE FILING~~ FAILURE TO FILE.] The board 
 20.19  shall notify by certified mail or personal service any lobbyist 
 20.20  who fails to file a registration form within five days after 
 20.21  becoming a lobbyist.  If a lobbyist fails to file a form within 
 20.22  seven days after receiving this notice, the board may impose a 
 20.23  late filing fee ~~at~~ of $5 per day, not to exceed $100, commencing 
 20.24  with the eighth day after receiving notice.  The board shall 
 20.25  further notify by certified mail or personal service any 
 20.26  lobbyist who fails to file a form within 21 days of receiving a 
 20.27  first notice that the lobbyist may be subject to a criminal 
 20.28  penalty for failure to file the form.  A lobbyist who knowingly 
 20.29  fails to file a form within seven days after receiving a second 
 20.30  notice from the board is guilty of a misdemeanor. 
 20.31     Sec. 5.  Minnesota Statutes 1998, section 10A.04, is 
 20.32  amended to read: 
 20.33     10A.04 [LOBBYIST REPORTS.] 
 20.34     Subdivision 1.  [REPORTS REQUIRED.] ~~Each~~ A lobbyist shall 
 20.35  file reports of the lobbyist's activities with the board as long 
 20.36  as the lobbyist continues to lobby.  A lobbyist may file a 
 21.1   termination statement at any time after ceasing to lobby. 
 21.2      Subd. 2.  [TIME OF REPORTS.] Each report ~~shall~~ must cover 
 21.3   the time from the last day of the period covered by the last 
 21.4   report to 15 days ~~prior to~~ before the current filing date.  The 
 21.5   reports ~~shall~~ must be filed with the board by the following 
 21.6   dates: 
 21.7      ~~(a)~~ (1) January 15; 
 21.8      ~~(b)~~ (2) April 15; and 
 21.9      ~~(c)~~ (3) July 15.  
 21.10     Subd. 3.  [INFORMATION ~~SUPPLIED~~ TO LOBBYIST.] ~~Each person~~ 
 21.11  ~~or association~~ An employer or employee about whose activities a 
 21.12  lobbyist is required to report shall provide the information 
 21.13  required by ~~sections 10A.03 to 10A.05~~ subdivision 4 to the 
 21.14  lobbyist no later than five days before the prescribed filing 
 21.15  date. 
 21.16     Subd. 4.  [CONTENT.] (a) ~~The~~ A report ~~shall~~ under this 
 21.17  section must include ~~such~~ information ~~as~~ the board ~~may require~~ 
 21.18  requires from the registration form and the information required 
 21.19  by this subdivision for the reporting period. 
 21.20     (b) ~~Each~~ A lobbyist shall report the lobbyist's total 
 21.21  disbursements on lobbying, separately listing lobbying to 
 21.22  influence legislative action, lobbying to influence 
 21.23  administrative action, and lobbying to influence the official 
 21.24  actions of a metropolitan governmental unit, and a breakdown of 
 21.25  disbursements for each of those kinds of lobbying into 
 21.26  categories specified by the board, including but not limited to 
 21.27  the cost of publication and distribution of each publication 
 21.28  used in lobbying; other printing; media, including the cost of 
 21.29  production; postage; travel; fees, including allowances; 
 21.30  entertainment; telephone and telegraph; and other expenses. 
 21.31     (c) ~~Each~~ A lobbyist shall report the amount and nature of 
 21.32  each ~~honorarium,~~ gift, ~~loan,~~ item, or benefit, excluding 
 21.33  contributions to a candidate, equal in value to $5 or more, 
 21.34  given or paid to any ~~public or local~~ official, as defined in 
 21.35  section 10A.071, subdivision 1, by the lobbyist or ~~any~~ an 
 21.36  employer or ~~any~~ employee of the lobbyist.  The list ~~shall~~ must 
 22.1   include the name and address of each ~~public or local~~ official to 
 22.2   whom the ~~honorarium,~~ gift, ~~loan,~~ item, or benefit was given or 
 22.3   paid and the date it was given or paid.  ~~A lobbyist need report~~ 
 22.4   ~~only the aggregate amount and nature of food or beverages given~~ 
 22.5   ~~or made available to all members of the legislature or a house~~ 
 22.6   ~~of the legislature or to all members of a local legislative~~ 
 22.7   ~~body, along with the name of the legislative body and the date~~ 
 22.8   ~~it was given or made available.~~ 
 22.9      (d) Each lobbyist shall report each original source of 
 22.10  ~~funds~~ money in excess of $500 in any year used for the purpose 
 22.11  of lobbying to influence legislative action, ~~each such source of~~ 
 22.12  ~~funds used to influence~~ administrative action, ~~and each such~~ 
 22.13  ~~source of funds used to influence~~ or the official action of a 
 22.14  metropolitan governmental ~~units~~ unit.  The list ~~shall~~ must 
 22.15  include the name, address, and employer, or, if self-employed, 
 22.16  the occupation and principal place of business, of each payer of 
 22.17  ~~funds~~ money in excess of $500. 
 22.18     ~~Subd. 4a.  [STATEMENT IN LIEU OF REPORT.] If in any~~ 
 22.19  ~~reporting period the lobbyist's reportable disbursements total~~ 
 22.20  ~~not over $100 and no honorarium, gift, loan, item or benefit~~ 
 22.21  ~~equal in value to $50 or more was given or paid to any public~~ 
 22.22  ~~official, a statement to that effect in lieu of the report may~~ 
 22.23  ~~be filed for that period.  The unreported disbursements shall be~~ 
 22.24  ~~included in the report for the following period, unless the~~ 
 22.25  ~~total for that period, including the carryover, is not over~~ 
 22.26  ~~$100.  The January 15 report shall include all previously~~ 
 22.27  ~~unreported disbursements, even though the total for the year is~~ 
 22.28  ~~not over $100.~~ 
 22.29     Subd. 5.  [LATE FILING.] The board shall notify by 
 22.30  certified mail or personal service any lobbyist who fails after 
 22.31  seven days after a filing date imposed by this section to file a 
 22.32  report or statement required by this section.  If a lobbyist 
 22.33  fails to file a report within seven days after receiving this 
 22.34  notice, the board may impose a late filing fee of $5 per day, 
 22.35  not to exceed $100, commencing with the eighth day after 
 22.36  receiving notice.  The board shall further notify by certified 
 23.1   mail or personal service any lobbyist who fails to file a report 
 23.2   within 21 days after receiving a first notice that the lobbyist 
 23.3   may be subject to a criminal penalty for failure to file the 
 23.4   report.  A lobbyist who knowingly fails to file such a report or 
 23.5   statement within seven days after receiving a second notice from 
 23.6   the board is guilty of a misdemeanor. 
 23.7      Subd. 6.  [~~LOBBYIST AND~~ PRINCIPAL REPORTS.] (a) ~~Each~~ A 
 23.8   principal shall report to the board as required in this 
 23.9   subdivision by March 15 for the preceding calendar year. 
 23.10     (b) ~~Each~~ The principal shall report which of the following 
 23.11  categories includes the total amount, rounded to the nearest 
 23.12  dollar, spent by the principal during the preceding calendar 
 23.13  year to influence legislative action, administrative action, and 
 23.14  the official action of metropolitan governmental units: 
 23.15     (1) $501 to $50,000; 
 23.16     (2) $50,001 to $150,000; or 
 23.17     (3) $150,001 to $250,000. 
 23.18     (c) Beyond $250,000, each additional $250,000 constitutes 
 23.19  an additional category, and each principal shall report which of 
 23.20  the categories includes the total amount spent by the principal 
 23.21  for the purposes provided in this subdivision. 
 23.22     (d) The principal shall report under this subdivision a 
 23.23  total amount that includes: 
 23.24     (1) all direct payments by the principal to lobbyists in 
 23.25  ~~Minnesota~~ this state; 
 23.26     (2) all expenditures for advertising, mailing, research, 
 23.27  analysis, compilation and dissemination of information, and 
 23.28  public relations campaigns related to legislative action, 
 23.29  administrative action, or the official action of metropolitan 
 23.30  governmental units in ~~Minnesota~~ this state; and 
 23.31     (3) all salaries and administrative expenses attributable 
 23.32  to activities of the principal relating to efforts to influence 
 23.33  legislative action, administrative action, or the official 
 23.34  action of metropolitan governmental units in ~~Minnesota~~ this 
 23.35  state. 
 23.36     Subd. 7.  [FINANCIAL RECORDS.] The board may randomly audit 
 24.1   the financial records of lobbyists and principals required to 
 24.2   report under this section. 
 24.3      ~~Subd. 8.  [REPORTS BY SOLICITORS.] A lobbyist who directly~~ 
 24.4   ~~solicits and causes others to make aggregate contributions to~~ 
 24.5   ~~candidates or a caucus of the members of a political party in a~~ 
 24.6   ~~house of the legislature in excess of $5,000 between January 1~~ 
 24.7   ~~of the election year and 25 days before the primary or general~~ 
 24.8   ~~election must file the information in the report required by~~ 
 24.9   ~~section 10A.20, subdivision 14, ten days before the primary or~~ 
 24.10  ~~general election.  This disclosure requirement is in addition to~~ 
 24.11  ~~the report required by section 10A.20, subdivision 14.~~ 
 24.12     Sec. 6.  Minnesota Statutes 1998, section 10A.05, is 
 24.13  amended to read: 
 24.14     10A.05 [LOBBYIST REPORT.] 
 24.15     Within 30 days after each lobbyist filing date set by 
 24.16  section 10A.04, the executive director of the board shall ~~report~~ 
 24.17  ~~to the governor, and the presiding officer of each house of the~~ 
 24.18  ~~legislature,~~ publish the names of the lobbyists registered who 
 24.19  were not previously reported, the names of the ~~persons~~ 
 24.20  ~~or~~ individuals, associations, political subdivisions, or public 
 24.21  higher education systems whom they represent as lobbyists, the 
 24.22  subject or subjects on which they are lobbying, and whether in 
 24.23  each case they lobby to influence legislative ~~or~~ action, 
 24.24  administrative action ~~or both.  At the same times, the executive~~ 
 24.25  ~~director of the board shall report to the governing body of each~~ 
 24.26  ~~metropolitan governmental unit, the names of the registered~~ 
 24.27  ~~lobbyists who attempt to influence the official action of~~ 
 24.28  ~~metropolitan governmental units, the names of the persons or~~ 
 24.29  ~~associations whom they represent as lobbyists, and the subject~~ 
 24.30  ~~or subjects on which they are lobbying~~, or the official action 
 24.31  of a metropolitan governmental unit. 
 24.32     Sec. 7.  Minnesota Statutes 1998, section 10A.06, is 
 24.33  amended to read: 
 24.34     10A.06 [CONTINGENT FEES PROHIBITED.] 
 24.35     No person may act as or employ a lobbyist for compensation 
 24.36  that is dependent upon the result or outcome of any legislative 
 25.1   or administrative action, or of the official action of a 
 25.2   metropolitan governmental unit.  A person who violates ~~the~~ 
 25.3   ~~provisions of~~ this section is guilty of a gross misdemeanor. 
 25.4      Sec. 8.  Minnesota Statutes 1998, section 10A.065, 
 25.5   subdivision 1, is amended to read: 
 25.6      Subdivision 1.  [~~REGISTERED LOBBYIST~~ CONTRIBUTIONS~~;~~ DURING 
 25.7   LEGISLATIVE SESSION.] A candidate for the legislature or for 
 25.8   constitutional office, ~~a~~ the candidate's principal campaign 
 25.9   committee, ~~any other political committee with the candidate's~~ 
 25.10  ~~name or title, any committee authorized by the candidate,~~ or a 
 25.11  political committee or party unit established by all or a part 
 25.12  of the party organization within a house of the legislature, 
 25.13  shall not solicit or accept a contribution ~~on behalf of a~~ 
 25.14  ~~candidate's principal campaign committee, any other political~~ 
 25.15  ~~committee with the candidate's name or title, any committee~~ 
 25.16  ~~authorized by the candidate, or a political committee~~ 
 25.17  ~~established by all or a part of the party organization within a~~ 
 25.18  ~~house of the legislature,~~ from a registered lobbyist, political 
 25.19  committee, or political fund, or from a party unit established 
 25.20  by the party organization within a house of the legislature, 
 25.21  during a regular session of the legislature.  
 25.22     Sec. 9.  Minnesota Statutes 1998, section 10A.065, 
 25.23  subdivision 1a, is amended to read: 
 25.24     Subd. 1a.  [PARTY UNIT SOLICITATIONS.] A political party 
 25.25  unit shall not solicit or receive at an event hosted by a 
 25.26  candidate for the legislature or by a candidate for 
 25.27  constitutional office a contribution from a lobbyist, political 
 25.28  committee, ~~or~~ political fund, or party unit during a regular 
 25.29  session of the legislature. 
 25.30     Sec. 10.  Minnesota Statutes 1998, section 10A.065, 
 25.31  subdivision 3, is amended to read: 
 25.32     Subd. 3.  [CIVIL PENALTY.] A candidate ~~or~~, political 
 25.33  committee, or party unit that violates this section is subject 
 25.34  to a civil fine of up to $500.  If the board makes a public 
 25.35  finding that there is probable cause to believe a violation of 
 25.36  this section has occurred, the board shall bring an action, or 
 26.1   transmit the finding to a county attorney who shall bring an 
 26.2   action, in the district court of Ramsey county, to ~~impose~~ 
 26.3   collect a civil fine as ~~prescribed~~ imposed by the board.  Fines 
 26.4   paid under this section must be deposited in the general fund in 
 26.5   the state treasury. 
 26.6      Sec. 11.  Minnesota Statutes 1998, section 10A.08, is 
 26.7   amended to read: 
 26.8      10A.08 [REPRESENTATION DISCLOSURE.] 
 26.9      ~~Any~~ A public official who represents a client for a fee 
 26.10  before ~~any~~ an individual, board, commission, or agency that has 
 26.11  rule making authority in a hearing conducted under chapter 14, 
 26.12  shall disclose the official's participation in the action to the 
 26.13  board within 14 days after the appearance.  The board shall 
 26.14  notify by certified mail or personal service any public official 
 26.15  who fails to disclose the participation within 14 days after the 
 26.16  appearance.  If the public official fails to disclose the 
 26.17  participation within seven days of this notice, the board may 
 26.18  impose a late filing fee of $5 per day, not to exceed $100, 
 26.19  commencing on the eighth day after receiving notice. 
 26.20     Sec. 12.  Minnesota Statutes 1998, section 10A.09, is 
 26.21  amended to read: 
 26.22     10A.09 [STATEMENTS OF ECONOMIC INTEREST.] 
 26.23     Subdivision 1.  [TIME FOR FILING.] Except for a candidate 
 26.24  for elective office in the judicial branch, an individual shall 
 26.25  file a statement of economic interest with the board: 
 26.26     (1) within 60 days of accepting employment as a public 
 26.27  official or a local official in a metropolitan governmental 
 26.28  unit; 
 26.29     (2) within 14 days after filing an affidavit of candidacy 
 26.30  or petition to appear on the ballot for an elective ~~public~~ state 
 26.31  office or an elective local office in a metropolitan 
 26.32  governmental unit; 
 26.33     (3) in the case of a public official requiring the advice 
 26.34  and consent of the senate, within 14 days after undertaking the 
 26.35  duties of office; or 
 26.36     (4) in the case of members of the Minnesota racing 
 27.1   commission, the director of the Minnesota racing commission, 
 27.2   chief of security, medical officer, inspector of pari-mutuels, 
 27.3   and stewards employed or approved by the commission or persons 
 27.4   who fulfill those duties under contract, within 60 days of 
 27.5   accepting or assuming duties. 
 27.6      Subd. 2.  [~~NOTIFICATION~~ NOTICE TO BOARD.] The secretary of 
 27.7   state or the appropriate county auditor, upon receiving an 
 27.8   affidavit of candidacy or petition to appear on the ballot from 
 27.9   an individual required by this section to file a statement of 
 27.10  economic interest, and any official who nominates or employs a 
 27.11  public or local official required by this section to file a 
 27.12  statement of economic interest, shall notify the board of the 
 27.13  name of the individual required to file a statement and the date 
 27.14  of the affidavit, petition, or nomination. 
 27.15     Subd. 3.  [NOTICE OF FILING.] The board shall notify ~~the~~ 
 27.16  ~~secretary of state or the appropriate county auditor and, when~~ 
 27.17  ~~necessary in the case of appointive office,~~ the presiding 
 27.18  officer of the house that will approve or disapprove the 
 27.19  nomination, of the name of ~~the~~ an individual who has filed a 
 27.20  statement of economic interest with the board, a copy of the 
 27.21  statement, and the date on which the statement was filed. 
 27.22     Subd. 5.  [FORM.] A statement of economic interest required 
 27.23  by this section ~~shall~~ must be on a form prescribed by the 
 27.24  board.  The individual filing shall provide the following 
 27.25  information: 
 27.26     ~~(a)~~ (1) name, address, occupation, and principal place of 
 27.27  business; 
 27.28     ~~(b)~~ (2) the name of each associated business and the nature 
 27.29  of that association; 
 27.30     ~~(c)~~ (3) a listing of all real property within the state, 
 27.31  excluding homestead property, in which the individual holds:  
 27.32  (i) a fee simple interest, a mortgage, a contract for deed as 
 27.33  buyer or seller, or an option to buy, whether direct or 
 27.34  indirect, ~~and which~~ if the interest is valued in excess of 
 27.35  $2,500; or (ii) an option to buy, ~~which~~ if the property has a 
 27.36  fair market value of $50,000 or more; 
 28.1      ~~(d)~~ (4) a listing of all real property within the state in 
 28.2   which a partnership of which the individual is a member holds: 
 28.3   (i) a fee simple interest, a mortgage, a contract for deed as 
 28.4   buyer or seller, or an option to buy, whether direct or 
 28.5   indirect, if the individual's share of the partnership interest 
 28.6   is valued in excess of $2,500; or (ii) an option to buy, ~~which~~ 
 28.7   if the property has a fair market value of $50,000 or more.  ~~Any~~ 
 28.8   A listing under clause ~~(c)~~ (3) or ~~(d) shall~~ (4) must indicate 
 28.9   the street address and the municipality or the section, 
 28.10  township, range and approximate acreage, whichever applies, and 
 28.11  the county ~~wherein~~ in which the property is located; and 
 28.12     ~~(e)~~ (5) a listing of any investments, ownership, or 
 28.13  interests in property connected with pari-mutuel horse racing in 
 28.14  the United States and Canada, including a race horse, in which 
 28.15  the individual directly or indirectly holds a partial or full 
 28.16  interest or an immediate family member holds a partial or full 
 28.17  interest. 
 28.18     Subd. 6.  [SUPPLEMENTARY STATEMENT.] Each individual who is 
 28.19  required to file a statement of economic interest shall file a 
 28.20  supplementary statement on April 15 of each year that the 
 28.21  individual remains in office if information on the most recently 
 28.22  filed statement has changed.  The supplementary statement, if 
 28.23  required, ~~shall~~ must include the amount of each honorarium in 
 28.24  excess of $50 received since the previous statement~~, together~~ 
 28.25  ~~with~~ and the name and address of the source of the honorarium.  
 28.26  The board shall maintain a statement of economic interest 
 28.27  submitted by an officeholder ~~shall be filed~~ in the same file 
 28.28  with the statement submitted as a candidate. 
 28.29     Subd. 6a.  [LOCAL OFFICIALS.] A local official required to 
 28.30  file a statement under this section shall file it with the 
 28.31  governing body of the official's political subdivision.  The 
 28.32  governing body shall maintain statements filed with it under 
 28.33  this subdivision as public data. 
 28.34     Subd. 7.  [LATE FILING.] The board shall notify by 
 28.35  certified mail or personal service any individual who fails 
 28.36  within the prescribed time to file a statement of economic 
 29.1   interest required by this section.  If an individual fails to 
 29.2   file a statement within seven days after receiving this notice, 
 29.3   the board may impose a late filing fee of $5 per day, not to 
 29.4   exceed $100, commencing on the eighth day after receiving 
 29.5   notice.  The board shall further notify by certified mail or 
 29.6   personal service any individual who fails to file a statement 
 29.7   within 21 days after receiving a first notice that the 
 29.8   individual may be subject to a criminal penalty for failure to 
 29.9   file a statement.  An individual who fails to file a statement 
 29.10  within seven days after a second notice is guilty of a 
 29.11  misdemeanor. 
 29.12     Subd. 8.  [FAILURE TO FILE; SUSPENSION.] ~~Any~~ A public 
 29.13  official, except a member of the legislature or a constitutional 
 29.14  officer, who is required to file a statement of economic 
 29.15  interest and fails to do so by the prescribed deadline ~~shall~~ 
 29.16  must be suspended without pay by the board in the manner 
 29.17  prescribed in the contested case procedures in chapter 14. 
 29.18     Sec. 13.  Minnesota Statutes 1998, section 10A.10, is 
 29.19  amended to read: 
 29.20     10A.10 [PENALTY FOR FALSE STATEMENTS.] 
 29.21     A report or statement required to be filed ~~by sections~~ 
 29.22  ~~10A.02 to 10A.09 shall~~ under this chapter must be signed and 
 29.23  certified as true by the individual required to file the 
 29.24  report.  ~~Any~~ An individual who signs and certifies to be true a 
 29.25  report or statement knowing it contains false information or who 
 29.26  knowingly omits required information is guilty of a gross 
 29.27  misdemeanor. 
 29.28     Sec. 14.  Minnesota Statutes 1998, section 10A.11, is 
 29.29  amended to read: 
 29.30     10A.11 [ORGANIZATION OF ~~POLITICAL~~ COMMITTEES AND PARTY 
 29.31  UNITS.] 
 29.32     Subdivision 1.  [CHAIR AND TREASURER.] ~~Every~~ A political 
 29.33  committee ~~shall~~, principal campaign committee, or party unit 
 29.34  must have a chair and a treasurer.  ~~Nothing in this chapter~~ 
 29.35  ~~shall prohibit them from being~~ The chair and treasurer may be 
 29.36  the same individual. 
 30.1      Subd. 2.  [TREASURER VACANCY ~~IN OFFICE OF TREASURER~~.] ~~No~~ 
 30.2   ~~contribution shall be accepted and no expenditure shall be made~~ 
 30.3   ~~by or on behalf of~~ A political committee ~~at a time when there is~~ 
 30.4   ~~a vacancy in~~, principal campaign committee, or party unit may 
 30.5   not accept a contribution or make an expenditure or permit an 
 30.6   expenditure to be made on its behalf while the office of 
 30.7   treasurer is vacant. 
 30.8      Subd. 3.  [DEPUTY TREASURERS.] The treasurer of a political 
 30.9   committee, principal campaign committee, or party unit may 
 30.10  appoint as many deputy treasurers as necessary and ~~shall be~~ is 
 30.11  responsible for their accounts. 
 30.12     Subd. 4.  [DEPOSITORIES.] The treasurer of a political 
 30.13  committee, principal campaign committee, or party unit may 
 30.14  designate ~~not more than~~ one or two depositories in each county 
 30.15  in which a campaign is conducted. 
 30.16     Subd. 5.  [COMMINGLING PROHIBITED.] ~~No funds of~~ A political 
 30.17  committee ~~shall be commingled~~, principal campaign committee, or 
 30.18  party unit may not commingle its funds with ~~any~~ personal funds 
 30.19  of officers, members, or associates of the committee. 
 30.20     Subd. 7.  [PENALTY.] ~~Any~~ A person who knowingly violates 
 30.21  ~~the provisions of~~ this section is guilty of a misdemeanor. 
 30.22     Sec. 15.  Minnesota Statutes 1998, section 10A.12, is 
 30.23  amended to read: 
 30.24     10A.12 [POLITICAL FUNDS.] 
 30.25     Subdivision 1.  [~~TRANSFERS MUST BE FROM POLITICAL FUND~~ WHEN 
 30.26  REQUIRED.] ~~No~~ An association other than a political 
 30.27  committee ~~shall transfer~~ or party unit may not contribute more 
 30.28  than $100 in aggregate in any one year to candidates ~~or~~, 
 30.29  political committees, or party units or make any approved or 
 30.30  independent expenditure or expenditure to promote or defeat a 
 30.31  ballot question unless the ~~transfer~~ contribution or expenditure 
 30.32  is made from a political fund.  
 30.33     Subd. 2.  [COMMINGLING PROHIBITED.] The contents of a 
 30.34  political fund ~~shall~~ may not be commingled with ~~any~~ other funds 
 30.35  or with the personal funds of ~~any~~ an officer or member of the 
 30.36  fund. 
 31.1      Subd. 3.  [TREASURER.] ~~Each~~ An association ~~which~~ that has a 
 31.2   political fund ~~shall~~ must elect or appoint a treasurer of the 
 31.3   political fund. 
 31.4      Subd. 4.  [TREASURER VACANCY ~~IN OFFICE OF TREASURER~~.] ~~No~~ 
 31.5   ~~contributions to the~~ A political fund ~~shall be accepted and no~~ 
 31.6   ~~expenditures~~ may not accept a contribution or make an 
 31.7   expenditure or ~~transfers~~ contribution from the political fund 
 31.8   ~~shall be made~~ while the office of treasurer of the political 
 31.9   fund is vacant. 
 31.10     Subd. 5.  [DUES OR MEMBERSHIP FEES.] ~~Notwithstanding~~ 
 31.11  ~~subdivision 1, any~~ An association may, if not prohibited by 
 31.12  other law, deposit in its political fund money derived from dues 
 31.13  or membership fees.  ~~Pursuant to~~ Under section 10A.20, the 
 31.14  treasurer of the fund shall disclose the name of any member 
 31.15  whose dues, membership fees, and contributions deposited in the 
 31.16  political fund together exceed $100 in ~~any one~~ a year. 
 31.17     Subd. 6.  [PENALTY.] ~~Any~~ A person who knowingly violates 
 31.18  ~~the provisions of~~ this section is guilty of a misdemeanor. 
 31.19     Sec. 16.  Minnesota Statutes 1998, section 10A.13, is 
 31.20  amended to read: 
 31.21     10A.13 [ACCOUNTS ~~WHICH~~ THAT MUST BE KEPT.] 
 31.22     Subdivision 1.  [~~LIST OF~~ ACCOUNTS; PENALTY.] The treasurer 
 31.23  of a political committee ~~or~~, political fund, principal campaign 
 31.24  committee, or party unit shall keep an account of: 
 31.25     ~~(a)~~ (1) the sum of all contributions, except any donation 
 31.26  in kind valued at $20 or less, made to the ~~political~~ committee 
 31.27  ~~or political~~, fund, or party unit; 
 31.28     ~~(b)~~ (2) the name and address of each source of a 
 31.29  ~~transfer~~ contribution made to the ~~political~~ committee ~~or~~ 
 31.30  ~~political~~, fund, or party unit in excess of $20, together with 
 31.31  the date and amount of each; 
 31.32     ~~(c) The name and address of each source of a donation in~~ 
 31.33  ~~kind valued in excess of $20, together with the date and amount;~~ 
 31.34     ~~(d)~~ (3) each expenditure made by the committee ~~or~~, fund, 
 31.35  or party unit, together with the date and amount; 
 31.36     ~~(e)~~ (4) each approved expenditure made on behalf of the 
 32.1   committee ~~or~~, fund, or party unit, together with the date and 
 32.2   amount; and 
 32.3      ~~(f)~~ (5) the name and address of each political committee 
 32.4   ~~or~~, political fund, principal campaign committee, or party unit 
 32.5   to which ~~transfers~~ contributions in excess of $20 have been 
 32.6   made, together with the date and amount. 
 32.7      Any individual who knowingly violates ~~any provision of~~ this 
 32.8   subdivision is guilty of a misdemeanor. 
 32.9      Subd. 2.  [RECEIPTS.] The treasurer shall obtain a 
 32.10  receipted bill, stating the particulars, for every expenditure 
 32.11  ~~in excess of~~ over $100 made by, or approved expenditure ~~in~~ 
 32.12  ~~excess of~~ over $100 made on behalf of, ~~a political~~ the committee 
 32.13  ~~or political~~, fund, or party unit, and for any expenditure or 
 32.14  approved expenditure in a lesser amount if the aggregate amount 
 32.15  of lesser expenditures and approved expenditures made to the 
 32.16  same individual or association during ~~any~~ the same year exceeds 
 32.17  $100.  ~~The treasurer shall preserve all receipted bills and~~ 
 32.18  ~~accounts required to be kept by this section for four years.~~ 
 32.19     Sec. 17.  Minnesota Statutes 1998, section 10A.14, is 
 32.20  amended to read: 
 32.21     10A.14 [REGISTRATION ~~OF POLITICAL COMMITTEES AND POLITICAL~~ 
 32.22  ~~FUNDS~~.] 
 32.23     Subdivision 1.  [FIRST REGISTRATION ~~BY TREASURER~~.] The 
 32.24  treasurer of a political committee ~~or~~, political fund, principal 
 32.25  campaign committee, or party unit shall register with the board 
 32.26  by filing a statement of organization no later than 14 days 
 32.27  after ~~the date upon which~~ the committee ~~or~~, fund, or party unit 
 32.28  has made a contribution, received contributions, or made 
 32.29  expenditures in excess of $100.  
 32.30     Subd. 2.  [~~CONTENTS~~ FORM.] The statement of 
 32.31  organization ~~shall~~ must include: 
 32.32     ~~(a)~~ (1) the name and address of the ~~political~~ committee ~~or~~ 
 32.33  ~~political~~, fund, or party unit; 
 32.34     (2) the name and address of the chair of a political 
 32.35  committee, principal campaign committee, or party unit; 
 32.36     ~~(b)~~ (3) the name and address of any supporting association 
 33.1   of a political fund; 
 33.2      ~~(c)~~ (4) the name and address of ~~the chair,~~ the treasurer~~,~~ 
 33.3   and any deputy treasurers; 
 33.4      ~~(d)~~ (5) a listing of all depositories or safety deposit 
 33.5   boxes used; 
 33.6      ~~(e) a statement as to whether the committee is a principal~~ 
 33.7   ~~campaign committee as authorized by section 10A.19, subdivision~~ 
 33.8   ~~1;~~ and 
 33.9      ~~(f)~~ (6) for ~~political parties~~ the state committee of a 
 33.10  political party only, a list of ~~categories of substate~~ its party 
 33.11  units ~~as defined in section 10A.27, subdivision 4~~. 
 33.12     Subd. 4.  [~~NOTICE OF~~ FAILURE TO FILE; PENALTY.] The board 
 33.13  shall notify by certified mail or personal service any 
 33.14  individual who fails to file a statement required by this 
 33.15  section.  If an individual fails to file a statement within 
 33.16  seven days after receiving a notice, the board may impose a late 
 33.17  filing fee of $5 per day, not to exceed $100, commencing with 
 33.18  the eighth day after receiving notice.  The board shall further 
 33.19  notify by certified mail or personal service any individual who 
 33.20  fails to file a statement within 21 days after receiving a first 
 33.21  notice that such individual may be subject to a criminal penalty 
 33.22  for failure to file the report.  An individual who knowingly 
 33.23  fails to file the statement within seven days after receiving a 
 33.24  second notice from the board is guilty of a misdemeanor. 
 33.25     Sec. 18.  Minnesota Statutes 1998, section 10A.15, is 
 33.26  amended to read: 
 33.27     10A.15 [CONTRIBUTIONS.] 
 33.28     Subdivision 1.  [ANONYMOUS CONTRIBUTIONS.] ~~No anonymous~~ 
 33.29  ~~contribution in excess of $20 shall be retained by any~~ A 
 33.30  political committee ~~or~~, political fund, principal campaign 
 33.31  committee, or party unit may not retain an anonymous 
 33.32  contribution in excess of $20, but shall ~~be forwarded~~ forward it 
 33.33  to the board ~~and deposited~~ for deposit in the general account of 
 33.34  the state elections campaign fund. 
 33.35     Subd. 2.  [SOURCE ~~OF CONTRIBUTIONS~~; AMOUNT; DATE.] ~~Every~~ An 
 33.36  individual who receives a contribution in excess of $20 for a 
 34.1   political committee ~~or~~, political fund, principal campaign 
 34.2   committee, or party unit shall, on demand of the treasurer, 
 34.3   inform the treasurer of the name and, if known, the address of 
 34.4   the source of the contribution, ~~together with~~ the amount of the 
 34.5   contribution, and the date it was received. 
 34.6      Subd. 3.  [DEPOSIT ~~IN ACCOUNT~~.] All ~~transfers~~ contributions 
 34.7   received by or on behalf of ~~any~~ a candidate, principal campaign 
 34.8   committee, political committee ~~or~~, political fund ~~shall~~, or 
 34.9   party unit must be deposited in an account designated "Campaign 
 34.10  Fund of ..... (name of candidate, committee ~~or~~, fund, or party 
 34.11  unit)."  All ~~transfers shall~~ contributions must be deposited 
 34.12  promptly upon receipt and, except for ~~transfers~~ contributions 
 34.13  received during the last three days of ~~any~~ a reporting period as 
 34.14  described in section 10A.20, ~~shall~~ must be deposited during the 
 34.15  reporting period in which they were received.  ~~Any transfer~~ A 
 34.16  contribution received during the last three days of a reporting 
 34.17  period ~~shall~~ must be deposited within 72 hours ~~of~~ after receipt 
 34.18  and ~~shall~~ must be reported as received during the reporting 
 34.19  period whether or not deposited within that period.  ~~Any~~ A 
 34.20  candidate, principal campaign committee, political committee, 
 34.21  political fund, or party unit may refuse to accept a 
 34.22  contribution.  A deposited ~~transfer~~ contribution may be returned 
 34.23  to the contributor within 60 days ~~of~~ after deposit.  A 
 34.24  ~~transfer~~ contribution deposited and not returned within 60 days 
 34.25  ~~of~~ after that deposit ~~shall be deemed for the purposes of this~~ 
 34.26  ~~chapter, to be~~ must be reported as accepted ~~by the candidate,~~ 
 34.27  ~~political committee, or political fund~~. 
 34.28     Subd. 3a.  [~~EXCEEDING CONTRIBUTION LIMITS~~ EXCESS.] ~~No~~ A 
 34.29  treasurer of a principal campaign committee of a candidate ~~shall~~ 
 34.30  may not deposit ~~any transfer which~~ a contribution that on its 
 34.31  face exceeds the limit on contributions to ~~that~~ the candidate 
 34.32  prescribed by section 10A.27 unless, at the time of deposit, the 
 34.33  treasurer issues a check to the source for the amount of the 
 34.34  excess. 
 34.35     Subd. 3b.  [ATTRIBUTABLE CONTRIBUTIONS.] Contributions made 
 34.36  to a candidate or principal campaign committee that are directed 
 35.1   to ~~that~~ the candidate or principal campaign committee by a 
 35.2   political fund ~~or~~, committee, or party unit must be reported as 
 35.3   attributable to the political fund ~~or~~, committee, or party unit 
 35.4   and count toward the contribution limits of that fund ~~or~~, 
 35.5   committee, or party unit specified in section 10A.27, if 
 35.6   the ~~political~~ fund ~~or~~, committee, or party unit was organized or 
 35.7   is operated primarily to direct contributions other than from 
 35.8   its own ~~funds~~ money to one or more candidates or principal 
 35.9   campaign committees.  The treasurer of the political fund ~~or~~, 
 35.10  committee, or party unit shall advise the candidate or the 
 35.11  candidate's principal campaign committee if the contribution or 
 35.12  contributions are not from the ~~funds~~ money of the ~~political~~ fund 
 35.13  ~~or the political~~, committee, or party unit and the original 
 35.14  source of the ~~funds~~ money.  As used in this subdivision, the 
 35.15  term "direct" includes, but is not limited to, order, command, 
 35.16  control, or instruct.  A violation of this subdivision is a 
 35.17  violation of section 10A.29. 
 35.18     Subd. 3c.  [RELATED COMMITTEES.] An individual, 
 35.19  association, political committee, ~~or~~ political fund, or party 
 35.20  unit may establish, finance, maintain, or control a political 
 35.21  committee ~~or~~, political fund, or party unit.  One who does this 
 35.22  is a "parent."  The political committee ~~or~~, fund, or party unit 
 35.23  so established, financed, maintained, or controlled is a 
 35.24  "subsidiary."  If the parent is an association, the association 
 35.25  must create a political committee or political fund to serve as 
 35.26  the parent for reporting purposes.  A subsidiary must report its 
 35.27  contribution to a candidate or principal campaign committee as 
 35.28  attributable to its parent, and the contribution is counted 
 35.29  toward the contribution limits in section 10A.27 of the parent 
 35.30  as well as of the subsidiary. 
 35.31     Subd. 4.  [PENALTY.] ~~Any~~ An individual violating ~~the~~ 
 35.32  ~~provisions of~~ this section is guilty of a misdemeanor. 
 35.33     Subd. 5.  [~~LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND~~ 
 35.34  REGISTRATION NUMBER ON CHECKS.] A contribution made to a 
 35.35  candidate by a lobbyist, political committee, ~~or~~ political fund, 
 35.36  or party unit must show the name of the lobbyist, political 
 36.1   committee, ~~or~~ political fund, or party unit and the number under 
 36.2   which it is registered with the board. 
 36.3      Sec. 19.  Minnesota Statutes 1998, section 10A.16, is 
 36.4   amended to read: 
 36.5      10A.16 [EARMARKING CONTRIBUTIONS PROHIBITED.] 
 36.6      An individual, political committee, ~~or~~ political fund, 
 36.7   principal campaign committee, or party unit may not solicit or 
 36.8   accept a contribution from any source with the express or 
 36.9   implied condition that the contribution or any part of it be 
 36.10  directed to a particular candidate other than the initial 
 36.11  recipient.  An individual, political committee, ~~or~~ political 
 36.12  fund ~~who~~, principal campaign committee, or party unit that 
 36.13  knowingly accepts any earmarked contribution is guilty of a 
 36.14  gross misdemeanor. 
 36.15     Sec. 20.  Minnesota Statutes 1998, section 10A.17, is 
 36.16  amended to read: 
 36.17     10A.17 [EXPENDITURES.] 
 36.18     Subdivision 1.  [AUTHORIZATION.] ~~No expenditure shall be~~ 
 36.19  ~~made by~~ A political committee, political fund, ~~or~~ principal 
 36.20  campaign committee, or party unit may not expend money unless ~~it~~ 
 36.21  the expenditure is authorized by the treasurer or deputy 
 36.22  treasurer of that committee ~~or~~, fund, or party unit. 
 36.23     Subd. 2.  [~~APPROVED EXPENDITURES~~ WRITTEN AUTHORIZATION.] ~~No~~ 
 36.24  An individual or association may not make an approved 
 36.25  expenditure of more than $20 without receiving written 
 36.26  authorization ~~as to the amount that may be spent and the purpose~~ 
 36.27  ~~of the expenditure~~ from the treasurer of the principal campaign 
 36.28  committee of the candidate who approved the expenditure stating 
 36.29  the amount that may be spent and the purpose of the expenditure. 
 36.30     Subd. 3.  [~~VOUCHERS FOR~~ PETTY CASH.] The treasurer or 
 36.31  deputy treasurer of a political committee, principal campaign 
 36.32  committee, or party unit may sign vouchers for petty cash of ~~not~~ 
 36.33  ~~more than~~ up to $100 per week for statewide elections or $20 per 
 36.34  week for legislative elections, to be used for miscellaneous 
 36.35  expenditures. 
 36.36     Subd. 4.  [INDEPENDENT ~~SOLICITATION OR~~ 
 37.1   ~~EXPENDITURE~~ EXPENDITURES.] ~~Any~~ An individual, political 
 37.2   committee, ~~or~~ political fund ~~who~~, principal campaign committee, 
 37.3   or party unit that independently solicits or accepts 
 37.4   contributions or makes independent expenditures on behalf of ~~any~~ 
 37.5   a candidate shall publicly disclose that the expenditure is an 
 37.6   independent expenditure.  All written communications with those 
 37.7   from whom contributions are independently solicited or accepted 
 37.8   or to whom independent expenditures are made on behalf of a 
 37.9   candidate, ~~shall~~ must contain a statement in conspicuous type 
 37.10  that the activity is an independent expenditure and is not 
 37.11  approved by the candidate nor is the candidate responsible for 
 37.12  it.  Similar language ~~shall~~ must be included in all oral 
 37.13  communications, in conspicuous type on the front page of all 
 37.14  literature and advertisements published or posted, and at the 
 37.15  end of all broadcast advertisements made by that individual, 
 37.16  political committee ~~or~~, political fund, principal campaign 
 37.17  committee, or party unit on the candidate's behalf. 
 37.18     Subd. 5.  [PENALTY.] ~~Any~~ A person who knowingly violates 
 37.19  ~~the provisions of~~ subdivision 2 is guilty of a misdemeanor.  A 
 37.20  person who knowingly violates ~~the provisions of~~ subdivision 4 or 
 37.21  falsely claims that an expenditure was an independent 
 37.22  expenditure is guilty of a gross misdemeanor. 
 37.23     Sec. 21.  Minnesota Statutes 1998, section 10A.18, is 
 37.24  amended to read: 
 37.25     10A.18 [TIME FOR RENDERING BILLS ~~WHEN RENDERED AND PAID~~, 
 37.26  CHARGES, OR CLAIMS; PENALTY.] 
 37.27     ~~Every~~ A person who has a bill, charge, or claim against ~~any~~ 
 37.28  a political committee ~~or~~, political fund, principal campaign 
 37.29  committee, or party unit for ~~any~~ an expenditure shall render in 
 37.30  writing to the treasurer of the committee ~~or~~, fund, or party 
 37.31  unit the bill, charge, or claim within 60 days after the 
 37.32  material or service is provided.  ~~Failure to so present the~~ 
 37.33  ~~bill, charge or claim~~ Violation of this section is a misdemeanor.
 37.34     Sec. 22.  Minnesota Statutes 1998, section 10A.19, is 
 37.35  amended to read: 
 37.36     10A.19 [PRINCIPAL CAMPAIGN COMMITTEE.] 
 38.1      Subdivision 1.  [SINGLE COMMITTEE.] ~~No~~ A candidate 
 38.2   shall not accept contributions from ~~any~~ a source, other than 
 38.3   self, in aggregate in excess of $100 or accept a public subsidy 
 38.4   unless the candidate designates and causes to be formed a single 
 38.5   principal campaign committee for each office sought.  A 
 38.6   candidate may not authorize, designate, or cause to be formed 
 38.7   any other political committee bearing the candidate's name or 
 38.8   title or otherwise operating under the direct or indirect 
 38.9   control of the candidate.  However, a candidate may be involved 
 38.10  in the direct or indirect control of a party unit ~~as defined in~~ 
 38.11  ~~section 10A.275, subdivision 3~~. 
 38.12     ~~A political committee bearing a candidate's name or title~~ 
 38.13  ~~or otherwise operating under the direct or indirect control of~~ 
 38.14  ~~the candidate, other than a principal campaign committee of the~~ 
 38.15  ~~candidate, may not accept contributions after May 21, 1993, and~~ 
 38.16  ~~must be dissolved by December 31, 1993.~~  
 38.17     Subd. 2.  [REPLACEMENT OF OFFICERS.] A candidate may at any 
 38.18  time without cause remove and replace the chair, treasurer, 
 38.19  deputy treasurer, or any other officer of the candidate's 
 38.20  principal campaign committee. 
 38.21     Sec. 23.  Minnesota Statutes 1998, section 10A.20, is 
 38.22  amended to read: 
 38.23     10A.20 [CAMPAIGN REPORTS.] 
 38.24     Subdivision 1.  [FIRST FILING; DURATION.] The treasurer of 
 38.25  ~~every~~ a political committee ~~and~~, political fund, principal 
 38.26  campaign committee, or party unit shall begin to file the 
 38.27  reports required by this section in the first year it receives 
 38.28  contributions or makes expenditures in excess of $100 and shall 
 38.29  continue to file until the committee ~~or~~, fund, or party unit is 
 38.30  terminated. 
 38.31     Subd. 2.  [TIME FOR FILING.] (a) The reports ~~shall~~ must be 
 38.32  filed with the board on or before January 31 of each year and 
 38.33  additional reports ~~shall~~ must be filed as required and in 
 38.34  accordance with ~~clauses (a)~~ paragraphs (b) and ~~(b)~~ (c).  
 38.35     ~~(a)~~ (b) In each year in which the name of the candidate is 
 38.36  on the ballot, the report of the principal campaign committee 
 39.1   ~~shall~~ must be filed 15 days before a primary and ten days before 
 39.2   a general election, seven days before a special primary and a 
 39.3   special election, and ten days after a special election 
 39.4   cycle.  ~~The report due after a special election may be filed on~~ 
 39.5   ~~January 31 following the special election if the special~~ 
 39.6   ~~election is held not more than 60 days before that date.~~  
 39.7      ~~(b)~~ (c) In each general election year, a political 
 39.8   ~~committees and~~ committee, political ~~funds other than principal~~ 
 39.9   ~~campaign committees~~ fund, or party unit shall file reports 
 39.10  ~~ten~~ 15 days before a primary and ten days before a general 
 39.11  election.  
 39.12     ~~If a scheduled filing date falls on a Saturday, Sunday, or~~ 
 39.13  ~~legal holiday, the filing date shall be the next regular~~ 
 39.14  ~~business day.~~ 
 39.15     Subd. 3.  [CONTENTS OF REPORT.] ~~Each~~ (a) The report ~~under~~ 
 39.16  ~~this section shall~~ must disclose~~:~~ 
 39.17     ~~(a)~~ the amount of liquid assets on hand at the beginning of 
 39.18  the reporting period~~;~~.  
 39.19     (b) The report must disclose the name, address, and 
 39.20  employer, or occupation if self-employed, of each individual~~,~~ 
 39.21  ~~political committee or political fund who within the year~~ or 
 39.22  association that has made one or more ~~transfers or donations in~~ 
 39.23  ~~kind~~ contributions to the ~~political committee or political fund~~ 
 39.24  reporting entity, including the purchase of tickets for ~~all~~ a 
 39.25  fund raising ~~efforts~~ effort, ~~which~~ that in aggregate within 
 39.26  the year exceed $100 for legislative or statewide candidates or 
 39.27  ballot questions, together with the amount and date of 
 39.28  each ~~transfer or donation in kind~~ contribution, and the 
 39.29  aggregate amount of ~~transfers and donations in~~ 
 39.30  ~~kind~~ contributions within the year from each source so 
 39.31  disclosed.  A donation in kind ~~shall~~ must be disclosed at its 
 39.32  fair market value.  An approved expenditure ~~is~~ must be listed as 
 39.33  a donation in kind.  A donation in kind is considered consumed 
 39.34  in the reporting period in which it is received.  The names of 
 39.35  contributors ~~shall~~ must be listed in alphabetical order~~;~~.  
 39.36  Contributions from the same contributor must be listed under the 
 40.1   same name.  When a contribution received from a contributor in a 
 40.2   reporting period is added to previously reported unitemized 
 40.3   contributions from the same contributor and the aggregate 
 40.4   exceeds the disclosure threshold of this paragraph, the name, 
 40.5   address, and employer, or occupation if self-employed, of the 
 40.6   contributor must then be listed on the report. 
 40.7      (c) The report must disclose the sum of contributions to 
 40.8   the ~~political committee or political fund~~ reporting entity 
 40.9   during the reporting period~~;~~.  
 40.10     (d) The report must disclose each loan made or received by 
 40.11  the ~~political committee or political fund~~ reporting entity 
 40.12  within the year in aggregate in excess of $100, continuously 
 40.13  reported until repaid or forgiven, together with the name, 
 40.14  address, occupation, and ~~the~~ principal place of business, if 
 40.15  any, of the lender and any endorser and the date and amount of 
 40.16  the loan.  If ~~any~~ a loan made to the principal campaign 
 40.17  committee of a candidate is forgiven ~~at any time~~ or is repaid by 
 40.18  ~~any~~ an entity other than that principal campaign committee, 
 40.19  it ~~shall~~ must be reported as a contribution for the year in 
 40.20  which the loan was made~~;~~.  
 40.21     (e) The report must disclose each receipt ~~in excess~~ 
 40.22  ~~of~~ over $100 during the reporting period not otherwise listed 
 40.23  under ~~clauses~~ paragraphs (b) to (d)~~;~~.  
 40.24     (f) The report must disclose the sum of all receipts of the 
 40.25  ~~political committee or political fund~~ reporting entity during 
 40.26  the reporting period~~;~~.  
 40.27     (g) The report must disclose the name and address of each 
 40.28  individual or association to whom aggregate expenditures, 
 40.29  including approved expenditures, have been made by or on behalf 
 40.30  of the ~~political committee or political fund~~ reporting entity 
 40.31  within the year in excess of $100, together with the amount, 
 40.32  date, and purpose of each expenditure and the name and address 
 40.33  of, and office sought by, each candidate on whose behalf the 
 40.34  expenditure was made, identification of the ballot 
 40.35  question ~~which~~ that the expenditure ~~is~~ was intended to promote 
 40.36  or defeat, and in the case of independent expenditures made in 
 41.1   opposition to a candidate, the candidate's name, address, and 
 41.2   office sought ~~for each such candidate;~~.  A reporting entity 
 41.3   making an expenditure on behalf of more than one candidate for 
 41.4   state or legislative office shall allocate the expenditure among 
 41.5   the candidates on a reasonable cost basis and report the 
 41.6   allocation for each candidate. 
 41.7      (h) The report must disclose the sum of all expenditures 
 41.8   made by or on behalf of the ~~political committee or political~~ 
 41.9   ~~fund~~ reporting entity during the reporting period~~;~~.  
 41.10     (i) The report must disclose the amount and nature of ~~any~~ 
 41.11  an advance of credit incurred by the ~~political committee or~~ 
 41.12  ~~political fund~~ reporting entity, continuously reported until 
 41.13  paid or forgiven.  If ~~any~~ an advance of credit incurred by the 
 41.14  principal campaign committee of a candidate is forgiven ~~at any~~ 
 41.15  ~~time~~ by the creditor or paid by ~~any~~ an entity other than that 
 41.16  principal campaign committee, it ~~shall~~ must be reported as a 
 41.17  donation in kind for the year in which the advance of credit was 
 41.18  ~~incurred;~~ made. 
 41.19     (j) The report must disclose the name and address of each 
 41.20  political committee, political fund, ~~or~~ principal campaign 
 41.21  committee, or party unit to which ~~aggregate transfers~~ 
 41.22  contributions have been made that aggregate in excess of $100 
 41.23  ~~have been made~~ within the year~~, together with~~ and the amount and 
 41.24  date of each ~~transfer;~~ contribution. 
 41.25     (k) The report must disclose the sum of all 
 41.26  ~~transfers~~ contributions made by the ~~political committee,~~ 
 41.27  ~~political fund, or principal campaign committee~~ reporting entity 
 41.28  during the reporting period~~;~~.  
 41.29     (l) ~~Except for contributions to a candidate or committee~~ 
 41.30  ~~for a candidate for office in a municipality as defined in~~ 
 41.31  ~~section 471.345, subdivision 1,~~ The report must disclose the 
 41.32  name and address of each individual or association to 
 41.33  whom ~~aggregate~~ noncampaign disbursements have been made that 
 41.34  aggregate in excess of $100 ~~have been made~~ within the year by or 
 41.35  on behalf of ~~a principal campaign committee, political~~ 
 41.36  ~~committee, or political fund, together with~~ the reporting entity 
 42.1   and the amount, date, and purpose of each noncampaign 
 42.2   disbursement~~;~~.  
 42.3      (m) The report must disclose the sum of all noncampaign 
 42.4   disbursements made within the year by or on behalf of ~~a~~ 
 42.5   ~~principal campaign committee, political committee, or political~~ 
 42.6   ~~fund;~~ the reporting entity.  
 42.7      (n) The report must disclose the name and address of a 
 42.8   nonprofit corporation that provides administrative assistance to 
 42.9   a political committee or political fund as authorized by section 
 42.10  211B.15, subdivision 17, ~~together with~~ the type of 
 42.11  administrative assistance provided, and the aggregate fair 
 42.12  market value of each type of assistance provided to the 
 42.13  political committee or political fund during the reporting 
 42.14  period~~; and~~.  
 42.15     ~~(o) A report filed under subdivision 2, clause (b), by a~~ 
 42.16  ~~political committee or political fund that is subject to~~ 
 42.17  ~~subdivision 14, must contain the information required by~~ 
 42.18  ~~subdivision 14, if the political committee or political fund has~~ 
 42.19  ~~solicited and caused others to make aggregate contributions~~ 
 42.20  ~~greater than $5,000 between January 1 of the general election~~ 
 42.21  ~~year and the end of the reporting period.  This disclosure~~ 
 42.22  ~~requirement is in addition to the report required by subdivision~~ 
 42.23  ~~14.~~ 
 42.24     ~~Subd. 3a.  [COUNTIES IN LEGISLATIVE DISTRICT.] The reports~~ 
 42.25  ~~of a principal campaign committee of a legislative candidate~~ 
 42.26  ~~required by this section shall list in a prominent place on the~~ 
 42.27  ~~first page of every report each county in which the legislative~~ 
 42.28  ~~district lies.~~ 
 42.29     Subd. 4.  [PERIOD OF REPORT.] A report ~~shall~~ must cover the 
 42.30  period from the last day covered by the previous report to seven 
 42.31  days ~~prior to~~ before the filing date, except that the report due 
 42.32  on January 31 ~~shall~~ must cover the period from the last day 
 42.33  covered by the previous report to December 31. 
 42.34     Subd. 5.  [PREELECTION REPORTS.] In ~~any~~ a statewide 
 42.35  election any loan, contribution, or contributions from any one 
 42.36  source totaling $2,000 or more, or in any judicial district or 
 43.1   legislative election totaling more than $400, received between 
 43.2   the last day covered in the last report ~~prior to~~ before an 
 43.3   election and the election ~~shall~~ must be reported to the board in 
 43.4   one of the following ways: 
 43.5      (1) in person within 48 hours after its receipt; 
 43.6      (2) by telegram or mailgram within 48 hours after its 
 43.7   receipt; or 
 43.8      (3) by certified mail sent within 48 hours after its 
 43.9   receipt. 
 43.10     These loans and contributions must also be reported in the 
 43.11  next required report. 
 43.12     The 48-hour notice requirement does not apply with respect 
 43.13  to a primary ~~if~~ in which the statewide or legislative candidate 
 43.14  is unopposed ~~in that primary~~. 
 43.15     Subd. 6.  [REPORT WHEN NO COMMITTEE.] ~~Every~~ A candidate who 
 43.16  does not designate and cause to be formed a principal campaign 
 43.17  committee~~,~~ and ~~any~~ an individual who makes independent 
 43.18  expenditures or expenditures expressly advocating the approval 
 43.19  or defeat of a ballot question in aggregate in excess of $100 in 
 43.20  ~~any~~ a year~~,~~ shall file with the board a report containing the 
 43.21  information required by subdivision 3.  Reports required by this 
 43.22  subdivision ~~shall~~ must be filed on the dates on which reports by 
 43.23  committees ~~and~~, funds, and party units are filed. 
 43.24     Subd. 6a.  [STATEMENT OF INDEPENDENCE.] ~~Any~~ An individual, 
 43.25  political committee ~~or~~, political fund, or party unit filing a 
 43.26  report or statement disclosing ~~any~~ an independent expenditure 
 43.27  ~~pursuant to~~ under subdivision 3 or 6 shall file with ~~that~~ the 
 43.28  report a sworn statement that the disclosed expenditures ~~so~~ 
 43.29  ~~disclosed~~ were not made with the authorization or expressed or 
 43.30  implied consent of, or in cooperation or in concert with, or at 
 43.31  the request or suggestion of any candidate~~,~~ or any candidate's 
 43.32  principal campaign committee or agent. 
 43.33     Subd. 6b.  [INDEPENDENT EXPENDITURES; NOTICE.] (a) Within 
 43.34  24 hours after an individual, political committee, or political 
 43.35  fund makes or becomes obligated by oral or written agreement to 
 43.36  make an independent expenditure in excess of $100, other than an 
 44.1   expenditure by an association targeted to inform solely its own 
 44.2   dues-paying members of the association's position on a 
 44.3   candidate, the individual, political committee, or political 
 44.4   fund shall file with the board an affidavit notifying the board 
 44.5   of the intent to make the independent expenditure and serve a 
 44.6   copy of the affidavit on each candidate in the affected race and 
 44.7   on the treasurer of the candidate's principal campaign 
 44.8   committee.  The affidavit must contain the information with 
 44.9   respect to the expenditure that is required to be reported under 
 44.10  subdivision 3, paragraph (g); except that if an expenditure is 
 44.11  reported before it is made, the notice must include a reasonable 
 44.12  estimate of the anticipated amount.  Each new expenditure 
 44.13  requires a new notice. 
 44.14     (b) An individual or the treasurer of a political committee 
 44.15  or political fund who fails to give notice as required by this 
 44.16  subdivision, or who files a false affidavit of notice, is guilty 
 44.17  of a gross misdemeanor and is subject to a civil fine of up to 
 44.18  four times the amount of the independent expenditure stated in 
 44.19  the notice or of which notice was required, whichever is greater.
 44.20     Subd. 7.  [STATEMENT OF INACTIVITY.] If ~~no contribution is~~ 
 44.21  ~~received or expenditure made by or on behalf of a candidate,~~ 
 44.22  ~~political fund or political committee~~ a reporting entity has no 
 44.23  receipts or expenditures during a reporting period, the 
 44.24  treasurer ~~of the committee or fund~~ shall file with the board at 
 44.25  the time required by this section a statement to that effect. 
 44.26     Subd. 8.  [EXEMPTION FROM DISCLOSURE.] The board shall 
 44.27  exempt ~~any~~ a member of or contributor to ~~any~~ an association~~,~~ 
 44.28  ~~political committee or political fund~~ or any other individual, 
 44.29  from the ~~provisions~~ requirements of this section if the member, 
 44.30  contributor, or other individual demonstrates by clear and 
 44.31  convincing evidence that disclosure would expose the member or 
 44.32  contributor to economic reprisals, loss of employment, or threat 
 44.33  of physical coercion. 
 44.34     An association~~, political committee or political fund~~ may 
 44.35  seek an exemption for all of its members or contributors if it 
 44.36  demonstrates by clear and convincing evidence that a substantial 
 45.1   number of its members or contributors would suffer a restrictive 
 45.2   effect on their freedom of association if members were required 
 45.3   to seek exemptions individually. 
 45.4      Subd. 10.  [EXEMPTION PROCEDURE.] ~~Any~~ An individual~~,~~ or 
 45.5   association~~, political committee or political fund~~ seeking an 
 45.6   exemption ~~pursuant to~~ under subdivision 8 shall submit a written 
 45.7   application for exemption to the board.  The board, without 
 45.8   hearing, shall grant or deny the exemption within 30 days after 
 45.9   receiving ~~an~~ the application~~,~~ and shall issue a written order 
 45.10  stating the reasons for its action.  The board shall publish its 
 45.11  order in the State Register and give notice to all parties known 
 45.12  to the board to have an interest in the matter.  If the board 
 45.13  receives a written objection to its action from any party within 
 45.14  20 days after publication of its order and notification of 
 45.15  interested parties, the board shall hold a contested case 
 45.16  hearing on the matter.  Upon the filing of a timely objection 
 45.17  from the applicant, an order denying an exemption ~~shall be~~ is 
 45.18  suspended pending the outcome of the contested case.  If no 
 45.19  timely objection is received, the exemption ~~shall continue to be~~ 
 45.20  continues in effect until a written objection is filed with the 
 45.21  board in a succeeding election year.  The board by rule shall 
 45.22  establish a procedure so that ~~any~~ an individual seeking an 
 45.23  exemption may proceed anonymously if the individual would be 
 45.24  exposed to the reprisals listed in subdivision 8 if the 
 45.25  individual's identity were to be revealed for the purposes of a 
 45.26  hearing. 
 45.27     Subd. 11.  [REPRISALS PROHIBITED ~~ACTIVITY~~; PENALTY.] ~~No~~ 
 45.28  ~~person~~ An individual or association shall not engage in economic 
 45.29  reprisals or threaten loss of employment or physical coercion 
 45.30  against ~~any person~~ an individual or association because of that 
 45.31  ~~person's~~ individual's or association's political contributions 
 45.32  or political activity.  This subdivision ~~shall~~ does not apply to 
 45.33  compensation for employment or loss of employment ~~when~~ if the 
 45.34  political affiliation or viewpoint of the employee is a bona 
 45.35  fide occupational qualification of the employment.  ~~Any person~~ 
 45.36  An individual or association ~~which~~ that violates this 
 46.1   subdivision is guilty of a gross misdemeanor. 
 46.2      Subd. 12.  [FAILURE TO FILE; PENALTY.] The board shall 
 46.3   notify by certified mail or personal service ~~any~~ an individual 
 46.4   who fails to file a statement required by this section.  If an 
 46.5   individual fails to file a statement due January 31 within seven 
 46.6   days after receiving a notice, the board may impose a late 
 46.7   filing fee of $5 per day, not to exceed $100, commencing on the 
 46.8   eighth day after receiving notice.  If an individual fails to 
 46.9   file a statement due before ~~any~~ a primary or election within 
 46.10  three days ~~of~~ after the date due, regardless of whether the 
 46.11  individual has received any notice, the board may impose a late 
 46.12  filing fee of $50 per day, not to exceed $500, commencing on the 
 46.13  fourth day after the date the statement was due.  The board 
 46.14  shall further notify by certified mail or personal service ~~any~~ 
 46.15  an individual who fails to file ~~any~~ a statement within 14 days 
 46.16  after receiving a first notice from the board that the 
 46.17  individual may be subject to a criminal penalty for failure to 
 46.18  file a statement.  An individual who knowingly fails to file the 
 46.19  statement within seven days after receiving a second notice from 
 46.20  the board is guilty of a misdemeanor. 
 46.21     Subd. 13.  [THIRD-PARTY REIMBURSEMENT.] An individual~~,~~ 
 46.22  ~~political committee, or political fund~~ or association filing a 
 46.23  report disclosing an expenditure or noncampaign disbursement 
 46.24  that must be reported and itemized under subdivision 3, 
 46.25  paragraph (g) or (l), that is a reimbursement to a third 
 46.26  party ~~is required to~~ must report the purpose of each expenditure 
 46.27  or disbursement for which the third party is being reimbursed.  
 46.28  An expenditure or disbursement is a reimbursement to a third 
 46.29  party if it is for goods or services that were not directly 
 46.30  provided by the individual or association to whom the 
 46.31  expenditure or disbursement is made.  Third-party reimbursements 
 46.32  include payments to credit card companies and reimbursement of 
 46.33  individuals for expenses they have incurred. 
 46.34     Subd. 14.  [REPORTS BY SOLICITORS.] An individual~~,~~ or 
 46.35  association, ~~political committee, or political fund,~~ other than 
 46.36  a candidate or the members of a candidate's principal campaign 
 47.1   committee, that directly solicits and causes others to make 
 47.2   contributions to candidates or a ~~caucus of the members of a~~ 
 47.3   ~~political~~ party unit in a house of the legislature, that 
 47.4   aggregate more than $5,000 ~~in a calendar year~~ between January 1 
 47.5   of a general election year and the end of the reporting period 
 47.6   must file with the board a report disclosing the amount of each 
 47.7   contribution, the names of the contributors, and to whom the 
 47.8   contributions were given.  The report must be filed 15 days 
 47.9   before a primary and ten days before a general election.  The 
 47.10  report for each calendar year must be filed with the board by 
 47.11  January 31 of the following year.  ~~The report must cover the~~ 
 47.12  ~~accumulated contributions made or received during the calendar~~ 
 47.13  ~~year.~~ 
 47.14     Sec. 24.  Minnesota Statutes 1998, section 10A.22, 
 47.15  subdivision 6, is amended to read: 
 47.16     Subd. 6.  [RECORDKEEPING; PENALTY.] ~~Each~~ A person required 
 47.17  to file ~~any~~ a report or statement shall maintain records on the 
 47.18  matters required to be reported, including vouchers, canceled 
 47.19  checks, bills, invoices, worksheets, and receipts, ~~which~~ that 
 47.20  will provide in sufficient detail the necessary information from 
 47.21  which the filed reports and statements may be verified, 
 47.22  explained, clarified, and checked for accuracy and 
 47.23  completeness.  The person shall keep the records available for 
 47.24  audit, inspection, or examination by the board or its authorized 
 47.25  representatives for four years from the date of filing of the 
 47.26  reports or statements or of changes or corrections ~~thereto~~ to 
 47.27  them.  ~~Any~~ A person who knowingly violates ~~any provisions of~~ 
 47.28  this subdivision is guilty of a misdemeanor. 
 47.29     Sec. 25.  Minnesota Statutes 1998, section 10A.22, 
 47.30  subdivision 7, is amended to read: 
 47.31     Subd. 7.  [UNREGISTERED ASSOCIATION LIMIT; STATEMENT 
 47.32  ~~REQUIRED~~; PENALTY.] (a) The treasurer of a political 
 47.33  committee ~~or~~, political fund, principal campaign committee, or 
 47.34  party unit shall not accept a contribution of more than $100 
 47.35  from an association not registered ~~in this state~~ under this 
 47.36  chapter unless the contribution is accompanied by a written 
 48.1   statement ~~which~~ that meets the disclosure and reporting period 
 48.2   requirements imposed by section 10A.20.  This statement ~~shall~~ 
 48.3   must be certified as true and correct by an officer of the 
 48.4   contributing association.  The ~~political~~ committee ~~or political~~, 
 48.5   fund ~~which~~, or party unit that accepts the contribution shall 
 48.6   include a copy of the statement with the report ~~which~~ that 
 48.7   discloses the contribution to the board.  ~~The provisions of~~ This 
 48.8   subdivision ~~shall~~ does not apply when a national political party 
 48.9   ~~transfers~~ contributes money to its affiliate in this state. 
 48.10     (b) An unregistered association may provide the written 
 48.11  statement required by this subdivision to no more than three 
 48.12  ~~political~~ committees ~~or political~~, funds, or party units in 
 48.13  ~~any~~ a calendar year.  Each statement must cover at least the 30 
 48.14  days immediately preceding and including the date on which the 
 48.15  contribution was made.  An unregistered association or an 
 48.16  officer of it is subject to a civil penalty up to $1,000 if the 
 48.17  association or its officer: 
 48.18     (1) fails to provide a written statement as required by 
 48.19  this subdivision; or 
 48.20     (2) fails to register after giving the written statement 
 48.21  required by this subdivision to more than three ~~political~~ 
 48.22  committees ~~or political~~, funds, or party units in ~~any~~ a 
 48.23  calendar year. 
 48.24     An officer of an association who violates this paragraph is 
 48.25  guilty of a misdemeanor. 
 48.26     Sec. 26.  Minnesota Statutes 1998, section 10A.23, is 
 48.27  amended to read: 
 48.28     10A.23 [CHANGES AND CORRECTIONS.] 
 48.29     ~~Any~~ Material changes in information previously submitted 
 48.30  and ~~any~~ corrections to a report or statement ~~shall~~ must be 
 48.31  reported in writing to the board within ten days following the 
 48.32  date of the event prompting the change or the date upon which 
 48.33  the person filing became aware of the inaccuracy.  The change or 
 48.34  correction ~~shall~~ must identify the form and the paragraph 
 48.35  containing the information to be changed or corrected.  ~~Any~~ A 
 48.36  person who willfully fails to report a material change or 
 49.1   correction is guilty of a gross misdemeanor. 
 49.2      Sec. 27.  Minnesota Statutes 1998, section 10A.24, is 
 49.3   amended to read: 
 49.4      10A.24 [DISSOLUTION OR TERMINATION.] 
 49.5      Subdivision 1.  [TERMINATION REPORT.] ~~No~~ A political 
 49.6   committee ~~or~~, political fund ~~shall~~, principal campaign 
 49.7   committee, or party unit may not dissolve until it has settled 
 49.8   all of its debts and disposed of all its assets in excess of 
 49.9   $100 and filed a termination report.  "Assets" include credit 
 49.10  balances at vendors and physical assets such as computers and 
 49.11  postage stamps.  Physical assets must be listed at their fair 
 49.12  market value.  The termination report may be made at any time 
 49.13  and ~~shall~~ must include all information required in periodic 
 49.14  reports.  
 49.15     Subd. 2.  [TERMINATION ALLOWED.] Notwithstanding 
 49.16  subdivision 1, ~~after mailing notice to any remaining creditors~~ 
 49.17  ~~by certified mail,~~ a ~~political~~ committee ~~or political~~, fund, 
 49.18  or party unit that has debts incurred more than six years 
 49.19  previously, has disposed of all its assets, and has met the 
 49.20  requirements of section 10A.20, subdivision 7, may notify any 
 49.21  remaining creditors by certified mail and then file a 
 49.22  termination report. 
 49.23     Sec. 28.  Minnesota Statutes 1998, section 10A.241, is 
 49.24  amended to read: 
 49.25     10A.241 [TRANSFER OF DEBTS.] 
 49.26     Notwithstanding ~~any provisions of this chapter to the~~ 
 49.27  ~~contrary except as provided in this~~ section 10A.24, a candidate 
 49.28  may terminate the candidate's principal campaign committee for 
 49.29  one state office by transferring any debts of that committee to 
 49.30  the candidate's principal campaign committee for another state 
 49.31  office~~, provided that any~~ if all outstanding unpaid bills or 
 49.32  loans from the committee being terminated are assumed and 
 49.33  continuously reported by the committee to which the transfer is 
 49.34  being made until paid or forgiven.  A loan that is forgiven is 
 49.35  covered by section 10A.20 and, for purposes of section 10A.324, 
 49.36  is a contribution to the principal campaign committee from which 
 50.1   the debt was transferred under this section. 
 50.2      Sec. 29.  Minnesota Statutes 1998, section 10A.242, is 
 50.3   amended to read: 
 50.4      10A.242 [DISSOLUTION OF INACTIVE COMMITTEES AND FUNDS.] 
 50.5      Subdivision 1.  [DISSOLUTION REQUIRED.] A political 
 50.6   committee ~~or~~, political fund, or principal campaign committee 
 50.7   must be dissolved within 60 days after receiving notice from the 
 50.8   board that the committee or fund has become inactive.  The 
 50.9   assets of the committee or fund must be spent for the purposes 
 50.10  authorized by section 211B.12 and other applicable law or 
 50.11  liquidated and deposited in the general account of the state 
 50.12  elections campaign fund within 60 days after the board notifies 
 50.13  the committee or fund that it has become inactive.  
 50.14     Subd. 2.  [INACTIVITY DEFINED.] (a) A principal campaign 
 50.15  committee becomes inactive on the later of the following dates: 
 50.16     (1) when six years have elapsed since the last election in 
 50.17  which the person was a candidate for the office sought or held 
 50.18  at the time the principal campaign committee registered with the 
 50.19  board; or 
 50.20     (2) when six years have elapsed since the last day on which 
 50.21  the individual for whom it exists served in an elective office 
 50.22  subject to this chapter. 
 50.23     (b) A political committee or fund ~~other than a principal~~ 
 50.24  ~~campaign committee~~ becomes inactive when two years have elapsed 
 50.25  since the end of a reporting period during which the political 
 50.26  committee or fund made an expenditure or disbursement requiring 
 50.27  disclosure under this chapter. 
 50.28     Subd. 3.  [REMAINING DEBTS.] If a committee or fund becomes 
 50.29  inactive when it still has unpaid debts, the committee or fund 
 50.30  shall liquidate available assets to pay the debts.  If 
 50.31  insufficient assets exist to pay the debts, the board may set up 
 50.32  a payment schedule and allow the committee or fund to defer 
 50.33  dissolution until all debts are paid.  This section does not 
 50.34  extinguish debts incurred by the committee or fund. 
 50.35     Sec. 30.  Minnesota Statutes 1998, section 10A.25, is 
 50.36  amended to read: 
 51.1      10A.25 [SPENDING LIMITS ~~ON CAMPAIGN EXPENDITURES~~.] 
 51.2      Subdivision 1.  [~~GOVERNOR AND LIEUTENANT GOVERNOR~~ 
 51.3   ~~CANDIDATES~~ LIMITS ARE VOLUNTARY.] ~~For the purposes of sections~~ 
 51.4   ~~10A.11 to 10A.34 a candidate for governor and a candidate for~~ 
 51.5   ~~lieutenant governor, running together, shall be deemed to be a~~ 
 51.6   ~~single candidate.  Except as provided in subdivision 3, all~~ 
 51.7   ~~expenditures made by and all approved expenditures made on~~ 
 51.8   ~~behalf of the candidate for lieutenant governor shall be~~ 
 51.9   ~~considered to be expenditures by and approved expenditures on~~ 
 51.10  ~~behalf of the candidate for governor.~~  The expenditure limits 
 51.11  imposed by this section apply only to a candidate who has signed 
 51.12  an agreement under section 10A.322 to be bound by them as a 
 51.13  condition of receiving a public subsidy for the candidate's 
 51.14  campaign. 
 51.15     Subd. 2.  [~~MAXIMUM EXPENDITURES~~ AMOUNTS.] (a) In a year in 
 51.16  which an election is held for an office sought by a 
 51.17  candidate, ~~no expenditures shall be made by~~ the principal 
 51.18  campaign committee of ~~that~~ the candidate~~,~~ shall not make 
 51.19  campaign expenditures nor ~~any~~ permit approved expenditures to be 
 51.20  made on behalf of ~~that~~ the candidate ~~which expenditures and~~ 
 51.21  ~~approved expenditures~~ that result in ~~an~~ aggregate ~~amount~~ 
 51.22  expenditures in excess of the following: 
 51.23     (1) for governor and lieutenant governor, running together, 
 51.24  $1,626,691; 
 51.25     (2) for attorney general, $271,116; 
 51.26     (3) for secretary of state~~, state treasurer,~~ and state 
 51.27  auditor, separately, $135,559; 
 51.28     (4) for state senator, $40,669; 
 51.29     (5) for state representative, $20,335. 
 51.30     (b) In addition to the amount in paragraph (a), clause (1), 
 51.31  a candidate for endorsement for the office of lieutenant 
 51.32  governor at the convention of a political party may make 
 51.33  campaign expenditures and approved expenditures of five percent 
 51.34  of that amount to seek endorsement.  
 51.35     (c) If a special election cycle occurs during a general 
 51.36  election cycle, expenditures by or on behalf of a candidate in 
 52.1   the special election do not count as expenditures by or on 
 52.2   behalf of the candidate in the general election. 
 52.3      ~~(c)~~ (d) The expenditure limits in this subdivision for an 
 52.4   office are increased by ten percent for a candidate who is 
 52.5   running for that office for the first time and who has not run 
 52.6   previously for any other office whose territory now includes a 
 52.7   population that is more than one-third of the population in the 
 52.8   territory of the new office. 
 52.9      Subd. 2a.  [AGGREGATED EXPENDITURES.] If a candidate makes 
 52.10  expenditures from more than one principal campaign committee for 
 52.11  nomination or election to statewide office in the same election 
 52.12  year, the amount of expenditures from all of the candidate's 
 52.13  principal campaign committees for statewide office for that 
 52.14  election year must be aggregated for purposes of ~~the application~~ 
 52.15  ~~of~~ applying the limits on ~~campaign~~ expenditures under 
 52.16  subdivision 2~~, clauses (a) to (c)~~. 
 52.17     Subd. 3.  [~~ENDORSEMENT OF~~ GOVERNOR AND LIEUTENANT GOVERNOR 
 52.18  A SINGLE CANDIDATE.] ~~Notwithstanding subdivision 2, clause (a),~~ 
 52.19  ~~a candidate for endorsement for the office of lieutenant~~ 
 52.20  ~~governor at the convention of a political party may make~~ 
 52.21  ~~expenditures and approved expenditures of $30,000 or five~~ 
 52.22  ~~percent of the amount in subdivision 2, clause (a), whichever is~~ 
 52.23  ~~greater, to seek endorsement.  This amount shall be in addition~~ 
 52.24  ~~to the amount which may be expended pursuant to subdivision 2,~~ 
 52.25  ~~clause (a).~~  For the purposes of sections 10A.11 to 10A.34, a 
 52.26  candidate for governor and a candidate for lieutenant governor, 
 52.27  running together, are considered a single candidate.  Except as 
 52.28  provided in subdivision 2, paragraph (b), all expenditures made 
 52.29  by or all approved expenditures made on behalf of the candidate 
 52.30  for lieutenant governor are considered to be expenditures by or 
 52.31  approved expenditures on behalf of the candidate for governor. 
 52.32     ~~Subd. 4.  [EXPENDITURES BEFORE FEBRUARY 28, 1978.] The~~ 
 52.33  ~~limits prescribed in this section shall not apply to any~~ 
 52.34  ~~expenditure or approved expenditure made or advance of credit~~ 
 52.35  ~~incurred before February 28, 1978 unless the goods or services~~ 
 52.36  ~~for which they were made or incurred are consumed or used after~~ 
 53.1   ~~February 28, 1978.~~ 
 53.2      Subd. 5.  [CONTESTED PRIMARY RACES.] Notwithstanding the 
 53.3   limits imposed by subdivision 2, the winning candidate in a 
 53.4   contested race in a primary who received fewer than twice as 
 53.5   many votes as any one of the candidate's opponents in that 
 53.6   primary may make ~~aggregate~~ expenditures and permit approved 
 53.7   expenditures to be made on behalf of the candidate equal to 120 
 53.8   percent of the applicable ~~amount~~ limit as set forth in 
 53.9   subdivision 2, ~~as adjusted by section 10A.255.  A candidate in a~~ 
 53.10  ~~contested primary race may not, under this subdivision, make~~ 
 53.11  ~~aggregate expenditures and approved expenditures of~~ but no more 
 53.12  than 100 percent of the ~~expenditure limits imposed by~~ 
 53.13  ~~subdivision 2~~ limit until after the primary. 
 53.14     Subd. 6.  [LIMIT IN NONELECTION YEAR.] During an election 
 53.15  cycle, in any year before ~~an~~ the election year for the office 
 53.16  held or sought by the candidate, ~~the aggregate amount of~~ a 
 53.17  candidate shall not make campaign expenditures ~~by and~~ nor permit 
 53.18  approved expenditures to be made on behalf of ~~a~~ the candidate 
 53.19  ~~for or holder of~~ that ~~office shall not~~ exceed 20 percent of the 
 53.20  expenditure limit set forth in subdivision 2. 
 53.21     ~~Subd. 7.  [PUBLICATION OF EXPENDITURE LIMITS.] On or before~~ 
 53.22  ~~December 31 of each nonelection year the board shall determine~~ 
 53.23  ~~and publish in the State Register the expenditure limits for~~ 
 53.24  ~~each office for the next calendar year as prescribed by~~ 
 53.25  ~~subdivision 2.~~ 
 53.26     Subd. 10.  [EFFECT OF OPPONENT'S CONDUCT.] (a) A candidate 
 53.27  who has agreed to be bound by the expenditure limits imposed by 
 53.28  this section as a condition of receiving a public subsidy for 
 53.29  the candidate's campaign is released from the expenditure limits 
 53.30  but remains eligible to receive a public subsidy if the 
 53.31  candidate has an opponent who does not agree to be bound by the 
 53.32  limits and receives contributions or makes or becomes obligated 
 53.33  to make expenditures during that election cycle in excess of the 
 53.34  following limits: 
 53.35     (1) up to ten days before the primary election, receipts or 
 53.36  expenditures equal to 20 percent of the expenditure limit for 
 54.1   that office as set forth in subdivision 2; or 
 54.2      (2) after ten days before the primary election, cumulative 
 54.3   receipts or expenditures during that election cycle equal to 50 
 54.4   percent of the expenditure limit for that office as set forth in 
 54.5   subdivision 2. 
 54.6      (b) A candidate who has not agreed to be bound by 
 54.7   expenditure limits, or the candidate's principal campaign 
 54.8   committee, shall file written notice with the board and provide 
 54.9   written notice to any opponent of the candidate for the same 
 54.10  office within 24 hours of exceeding the limits in paragraph (a), 
 54.11  clause (2).  The notice must state only that the candidate or 
 54.12  candidate's principal campaign committee has received 
 54.13  contributions or made or become obligated to make campaign 
 54.14  expenditures in excess of the limits in paragraph (a), clause 
 54.15  (2).  Upon receipt of the notice, the candidate who ~~has~~ had 
 54.16  agreed to be bound by the limits is no longer bound by the 
 54.17  expenditure limits. 
 54.18     Subd. 11.  [CARRYFORWARD; DISPOSITION OF OTHER FUNDS.] 
 54.19  After all campaign expenditures and noncampaign disbursements 
 54.20  for an election cycle have been made, an amount up to 50 percent 
 54.21  of the election year expenditure limit for the office may be 
 54.22  carried forward.  Any remaining amount up to the total amount of 
 54.23  the public subsidy from the state elections campaign fund ~~and~~ 
 54.24  ~~any public matching subsidy~~ must be returned to the state 
 54.25  treasury for credit to the general fund under section 10A.324.  
 54.26  Any remaining amount in excess of the total public subsidy must 
 54.27  be contributed to the state elections campaign fund or a 
 54.28  political party for multicandidate expenditures as defined in 
 54.29  section 10A.275. 
 54.30     Subd. 12.  [UNUSED POSTAGE AND CREDIT BALANCES CARRIED 
 54.31  FORWARD.] Postage that is purchased but not used during an 
 54.32  election cycle and credit balances at vendors that exceed a 
 54.33  combined total of $500 must be carried forward and counted as 
 54.34  expenditures during the election cycle during which they are 
 54.35  used. 
 54.36     ~~Subd. 13.  [INDEPENDENT EXPENDITURES; LIMITS INCREASED.]~~ 
 55.1   ~~(a) The expenditure limits in this section are increased by the~~ 
 55.2   ~~sum of independent expenditures made in opposition to a~~ 
 55.3   ~~candidate plus independent expenditures made on behalf of the~~ 
 55.4   ~~candidate's major political party opponents, other than~~ 
 55.5   ~~expenditures by an association targeted to inform solely its own~~ 
 55.6   ~~dues-paying members of the association's position on a candidate.~~
 55.7      ~~(b) Within 48 hours after receipt of an expenditure report~~ 
 55.8   ~~or notice required by section 10A.20, subdivision 3, 6, or 6b,~~ 
 55.9   ~~the board shall notify each candidate in the race of the~~ 
 55.10  ~~increase in the expenditure limit for the candidates against~~ 
 55.11  ~~whom the independent expenditures have been made.~~ 
 55.12     ~~(c) Within three days after providing this notice, the~~ 
 55.13  ~~board shall pay each candidate against whom the independent~~ 
 55.14  ~~expenditures have been made, if the candidate is eligible to~~ 
 55.15  ~~receive a public subsidy and has raised twice the minimum match~~ 
 55.16  ~~required, an additional public subsidy equal to one-half the~~ 
 55.17  ~~independent expenditures.  The amount needed to pay the~~ 
 55.18  ~~additional public subsidy under this subdivision is appropriated~~ 
 55.19  ~~from the general fund to the board.~~ 
 55.20     Sec. 31.  Minnesota Statutes 1998, section 10A.255, 
 55.21  subdivision 1, is amended to read: 
 55.22     Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
 55.23  ~~provided~~ in section 10A.25, subdivision 2, must be adjusted for 
 55.24  general election years as provided in this section.  ~~By June 1~~ 
 55.25  ~~of the~~ Each general election year, the executive director of the 
 55.26  board shall determine the percentage increase in the consumer 
 55.27  price index from December of the year preceding the last general 
 55.28  election year to December of the year preceding the year in 
 55.29  which the determination is made.  The dollar amounts used for 
 55.30  the preceding general election year must be multiplied by that 
 55.31  percentage.  The product of the calculation must be added to 
 55.32  each dollar amount to produce the dollar limitations to be in 
 55.33  effect for the next general election.  The product must be 
 55.34  rounded up to the next highest ~~whole dollar~~ $10 increment.  The 
 55.35  index used must be the revised consumer price index for all 
 55.36  urban consumers for the St. Paul-Minneapolis metropolitan area 
 56.1   prepared by the United States Department of Labor ~~with 1982 as a~~ 
 56.2   ~~base year~~. 
 56.3      Sec. 32.  Minnesota Statutes 1998, section 10A.255, 
 56.4   subdivision 3, is amended to read: 
 56.5      Subd. 3.  [PUBLICATION OF EXPENDITURE LIMIT.] By ~~June~~ April 
 56.6   15 of each election year the board shall publish in the State 
 56.7   Register the expenditure limit for each office for that calendar 
 56.8   year under section 10A.25 as adjusted by this section.  The 
 56.9   revisor of statutes shall code the adjusted amounts in the next 
 56.10  edition of Minnesota Statutes, section 10A.25, subdivision 2. 
 56.11     Sec. 33.  Minnesota Statutes 1998, section 10A.265, is 
 56.12  amended to read: 
 56.13     10A.265 [FREEDOM TO ASSOCIATE AND COMMUNICATE.] 
 56.14     Nothing in this chapter ~~shall~~ may be construed ~~as abridging~~ 
 56.15  to abridge the right of an association to communicate with its 
 56.16  members. 
 56.17     Sec. 34.  Minnesota Statutes 1998, section 10A.27, is 
 56.18  amended to read: 
 56.19     10A.27 [~~ADDITIONAL LIMITATIONS~~ CONTRIBUTION LIMITS.] 
 56.20     Subdivision 1.  [CONTRIBUTION LIMITS.] (a) Except as 
 56.21  provided in subdivision 2, ~~no~~ a candidate shall not permit the 
 56.22  candidate's principal campaign committee to accept aggregate 
 56.23  contributions made or delivered by any individual, political 
 56.24  committee, or political fund in excess of the following: 
 56.25     ~~(a)~~ (1) to candidates for governor and lieutenant governor 
 56.26  running together, $2,000 in an election year for the office 
 56.27  sought and $500 in other years; 
 56.28     ~~(b)~~ (2) to a candidate for attorney general, $1,000 in an 
 56.29  election year for the office sought and $200 in other years; 
 56.30     ~~(c)~~ (3) to a candidate for the office of secretary of 
 56.31  state~~, state treasurer~~ or state auditor, $500 in an election 
 56.32  year for the office sought and $100 in other years; 
 56.33     ~~(d)~~ (4) to a candidate for state senator, $500 in an 
 56.34  election year for the office sought and $100 in other years; and 
 56.35     ~~(e)~~ (5) to a candidate for state representative, $500 in an 
 56.36  election year for the office sought and $100 in the other year. 
 57.1      (b) The following deliveries are not subject to the 
 57.2   bundling limitation in this subdivision: 
 57.3      (1) delivery of contributions collected by a member of the 
 57.4   candidate's principal campaign committee, such as a block worker 
 57.5   or a volunteer who hosts a fund raising event, to the 
 57.6   committee's treasurer; and 
 57.7      (2) a delivery made by an individual on behalf of the 
 57.8   individual's spouse.  
 57.9      Subd. 2.  [~~CONTRIBUTIONS FROM~~ POLITICAL PARTY ~~UNITS~~ LIMIT.] 
 57.10  ~~No~~ A candidate shall not permit the candidate's principal 
 57.11  campaign committee to accept contributions from any political 
 57.12  party units in aggregate in excess of ten times the amount that 
 57.13  may be contributed to that candidate as set forth in subdivision 
 57.14  1. 
 57.15     ~~Subd. 4.  [DEFINITION OF POLITICAL PARTY.] For the purposes~~ 
 57.16  ~~of this section, a political party means the aggregate of the~~ 
 57.17  ~~party organization within each house of the legislature, the~~ 
 57.18  ~~state party organization, and the party organization within~~ 
 57.19  ~~congressional districts, counties, legislative districts,~~ 
 57.20  ~~municipalities, and precincts.~~ 
 57.21     ~~Subd. 5.  [INDEPENDENT EXPENDITURES.] Nothing in This~~ 
 57.22  ~~section shall be construed as limiting independent expenditures~~ 
 57.23  ~~on behalf of a candidate.~~ 
 57.24     ~~Subd. 7.  [CONTRIBUTIONS AND EXPENDITURES BEFORE FEBRUARY~~ 
 57.25  ~~28, 1978.] Contributions and approved expenditures made prior to~~ 
 57.26  ~~February 28, 1978 which are in excess of the limits imposed by~~ 
 57.27  ~~this section shall not be in violation of this section but shall~~ 
 57.28  ~~be disclosed as required by this chapter.~~ 
 57.29     Subd. 8.  [EXCESS LOANS PROHIBITED.] ~~No~~ A candidate shall 
 57.30  not permit the candidate's principal campaign committee to 
 57.31  accept a loan from other than a financial institution for an 
 57.32  amount in excess of the contribution limits imposed by this 
 57.33  section.  ~~No~~ A candidate shall not permit the candidate's 
 57.34  principal campaign committee to accept ~~any~~ a loan from a 
 57.35  financial institution for which ~~that~~ the financial institution 
 57.36  may hold ~~any~~ an endorser of ~~that~~ the loan liable to pay ~~any~~ 
 58.1   an amount in excess of the amount that the endorser may 
 58.2   contribute to that candidate. 
 58.3      Subd. 9.  [~~TRANSFERS AMONG COMMITTEES;~~ CONTRIBUTIONS TO AND 
 58.4   FROM ~~CERTAIN~~ OTHER CANDIDATES.] (a) A candidate or the treasurer 
 58.5   of a candidate's principal campaign committee shall not accept a 
 58.6   ~~transfer or~~ contribution from another candidate's principal 
 58.7   campaign committee or from any other committee bearing the 
 58.8   contributing candidate's name or title or otherwise authorized 
 58.9   by the contributing candidate, unless the contributing 
 58.10  candidate's principal campaign committee is being dissolved.  A 
 58.11  candidate's principal campaign committee shall not make 
 58.12  a ~~transfer or~~ contribution to another candidate's principal 
 58.13  campaign committee, except when the contributing committee is 
 58.14  being dissolved.  
 58.15     (b) A candidate's principal campaign committee shall not 
 58.16  accept a ~~transfer or~~ contribution from, or make a ~~transfer or~~ 
 58.17  contribution to, a committee associated with a person who seeks 
 58.18  nomination or election to the office of President, Senator, or 
 58.19  Representative in Congress of the United States. 
 58.20     (c) A candidate or the treasurer of a candidate's principal 
 58.21  campaign committee shall not accept a contribution from a 
 58.22  candidate for political subdivision office in any state, unless 
 58.23  the contribution is from the personal funds of the candidate for 
 58.24  political subdivision office.  A candidate or the treasurer of a 
 58.25  candidate's principal campaign committee shall not make a 
 58.26  contribution from the principal campaign committee to a 
 58.27  candidate for political subdivision office in any state. 
 58.28     Subd. 10.  [~~PROHIBITED~~ LIMITED PERSONAL CONTRIBUTIONS.] A 
 58.29  candidate who accepts a public subsidy may not contribute to the 
 58.30  candidate's own campaign during a year more than ten times the 
 58.31  candidate's election year contribution limit under subdivision 1.
 58.32     Subd. 11.  [CONTRIBUTIONS FROM CERTAIN TYPES OF 
 58.33  CONTRIBUTORS.] A candidate shall not permit the candidate's 
 58.34  principal campaign committee to accept a contribution from a 
 58.35  political committee ~~other than a political party unit as defined~~ 
 58.36  ~~in section 10A.275~~, ~~a~~ political fund, ~~a~~ lobbyist, or ~~a~~ 
 59.1   large ~~giver~~ contributor, if the contribution will cause the 
 59.2   aggregate contributions from those types of contributors to 
 59.3   exceed an amount equal to 20 percent of the expenditure limits 
 59.4   for the office sought by the candidate.  For purposes of this 
 59.5   subdivision, "large ~~giver~~ contributor" means an individual, 
 59.6   other than the candidate, who contributes an amount that is more 
 59.7   than $100 and more than one-half the amount an individual may 
 59.8   contribute. 
 59.9      ~~Subd. 12.  [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR~~ 
 59.10  ~~FUNDS.] The treasurer of a political committee or political~~ 
 59.11  ~~fund, other than a candidate's principal campaign committee or a~~ 
 59.12  ~~political party unit as defined in section 10A.275, shall not~~ 
 59.13  ~~permit the political committee or political fund to accept~~ 
 59.14  ~~aggregate contributions from an individual, political committee,~~ 
 59.15  ~~or political fund in an amount more than $100 a year.~~ 
 59.16     Sec. 35.  Minnesota Statutes 1998, section 10A.275, 
 59.17  subdivision 1, is amended to read: 
 59.18     Subdivision 1.  [EXCEPTIONS.] Notwithstanding ~~any~~ other 
 59.19  provisions of this chapter, the following expenditures by ~~a~~ 
 59.20  ~~state political party,~~ a party unit, or two or more party units 
 59.21  acting together, with at least one party unit being either:  the 
 59.22  state ~~party organization~~ committee or the party organization 
 59.23  within a congressional district, county, or legislative 
 59.24  district, ~~shall~~ are not ~~be~~ considered contributions to or 
 59.25  expenditures on behalf of ~~any~~ a candidate for the purposes of 
 59.26  section 10A.25 or 10A.27~~,~~ and ~~shall~~ must not be allocated to ~~any~~ 
 59.27  candidates ~~pursuant to~~ under section ~~10A.22, subdivision 5~~ 
 59.28  10A.20, subdivision 3, paragraph (g): 
 59.29     ~~(a)~~ (1) expenditures on behalf of candidates of that party 
 59.30  generally without referring to any of them specifically in ~~any~~ 
 59.31  ~~advertisement~~ a published, posted, or broadcast advertisement; 
 59.32     ~~(b)~~ (2) expenditures for the preparation, display, mailing, 
 59.33  or other distribution of an official party sample ballot listing 
 59.34  the names of three or more individuals whose names are to appear 
 59.35  on the ballot; 
 59.36     ~~(c)~~ (3) expenditures for ~~any~~ a telephone conversation 
 60.1   including the names of three or more individuals whose names are 
 60.2   to appear on the ballot; 
 60.3      ~~(d)~~ (4) expenditures for ~~any~~ a political party fundraising 
 60.4   effort on behalf of three or more candidates; or 
 60.5      ~~(e)~~ (5) expenditures for party committee staff ~~member~~ 
 60.6   services that benefit three or more candidates.  
 60.7      Sec. 36.  Minnesota Statutes 1998, section 10A.28, is 
 60.8   amended to read: 
 60.9      10A.28 [PENALTY FOR EXCEEDING LIMITS.] 
 60.10     Subdivision 1.  [~~CANDIDATE~~ EXCEEDING EXPENDITURE LIMITS.] A 
 60.11  candidate subject to the expenditure limits in section 10A.25 
 60.12  who permits the candidate's principal campaign committee to make 
 60.13  expenditures or permits approved expenditures to be made on the 
 60.14  candidate's behalf in excess of the limits imposed by section 
 60.15  10A.25, as adjusted by section 10A.255, is subject to a civil 
 60.16  fine up to four times the amount by which the expenditures 
 60.17  exceeded the limit. 
 60.18     Subd. 2.  [~~CIVIL FINE~~ EXCEEDING CONTRIBUTION LIMITS.] A 
 60.19  candidate who permits the candidate's principal campaign 
 60.20  committee to accept contributions in excess of the limits 
 60.21  imposed by section 10A.27~~, and the treasurer of a political fund~~ 
 60.22  ~~or political committee, other than a principal campaign~~ 
 60.23  ~~committee, who permits the committee or fund to accept~~ 
 60.24  ~~contributions in excess of the limits imposed by section 10A.27,~~ 
 60.25  ~~shall be~~ is subject to a civil fine of up to four times the 
 60.26  amount by which the contribution exceeded the limits. 
 60.27     Subd. 3.  [CONCILIATION AGREEMENT.] If the board finds that 
 60.28  there is reason to believe that excess expenditures have been 
 60.29  made or excess contributions accepted contrary to ~~the provisions~~ 
 60.30  ~~of~~ subdivision 1 or 2, the board shall make every effort for a 
 60.31  period of ~~not less than~~ at least 14 days after its finding to 
 60.32  correct the matter by informal methods of conference and 
 60.33  conciliation and to enter a conciliation agreement with the 
 60.34  person involved.  A conciliation agreement ~~made pursuant to~~ 
 60.35  under this subdivision ~~shall be~~ is a matter of public record.  
 60.36  Unless violated, a conciliation agreement ~~shall be~~ is a bar to 
 61.1   any civil proceeding under subdivision 4. 
 61.2      Subd. 4.  [CIVIL ACTION.] If the board is unable after a 
 61.3   reasonable time to correct by informal methods ~~any~~ a matter 
 61.4   ~~which~~ that constitutes probable cause to believe that excess 
 61.5   expenditures have been made or excess contributions accepted 
 61.6   contrary to subdivision 1 or 2, the board shall make a public 
 61.7   finding of probable cause in the matter.  After making a public 
 61.8   finding, the board shall bring an action, or transmit the 
 61.9   finding to a county attorney who shall bring an action, in the 
 61.10  district court of Ramsey county or, in the case of a legislative 
 61.11  candidate, the district court of a county within the legislative 
 61.12  district, to ~~impose~~ collect a civil fine as ~~prescribed~~ imposed 
 61.13  by the board ~~pursuant to~~ under subdivision 1 or 2.  All money 
 61.14  recovered ~~pursuant to~~ under this section ~~shall~~ must be deposited 
 61.15  in the general fund of the state. 
 61.16     Sec. 37.  Minnesota Statutes 1998, section 10A.29, is 
 61.17  amended to read: 
 61.18     10A.29 [CIRCUMVENTION PROHIBITED.] 
 61.19     Any attempt by an individual or association to circumvent 
 61.20  ~~the provisions of~~ this chapter by redirecting ~~funds~~ a 
 61.21  contribution through, or ~~contributing funds~~ making a 
 61.22  contribution on behalf of, another individual or association is 
 61.23  a gross misdemeanor. 
 61.24     Sec. 38.  Minnesota Statutes 1998, section 10A.30, 
 61.25  subdivision 1, is amended to read: 
 61.26     Subdivision 1.  [ESTABLISHMENT.] ~~There is hereby~~ 
 61.27  ~~established~~ An account ~~within~~ is established in the special 
 61.28  revenue fund of the state ~~to be~~ known as the "state elections 
 61.29  campaign fund." 
 61.30     Sec. 39.  Minnesota Statutes 1998, section 10A.31, is 
 61.31  amended to read: 
 61.32     10A.31 [DESIGNATION OF INCOME TAX PAYMENTS.] 
 61.33     Subdivision 1.  [~~AMOUNT ALLOWED~~ DESIGNATION.] ~~Every~~ An 
 61.34  individual resident of ~~Minnesota~~ this state who files an income 
 61.35  tax return or a renter and homeowner property tax refund return 
 61.36  with the commissioner of revenue may designate on their original 
 62.1   return that $5 shall be paid from the general fund of the state 
 62.2   into the state elections campaign fund.  If a husband and wife 
 62.3   file a joint return, each spouse may designate that $5 shall be 
 62.4   paid.  No individual ~~shall be~~ is allowed to designate $5 more 
 62.5   than once in any year.  The taxpayer may designate that the 
 62.6   amount be paid into the account of a political party or into the 
 62.7   general account.  
 62.8      ~~Subd. 2.  [DESIGNATION OF ACCOUNT.] The taxpayer may~~ 
 62.9   ~~designate that the amount designated be paid into the account of~~ 
 62.10  ~~a political party or into the general account.~~ 
 62.11     Subd. 3.  [FORM.] The commissioner of ~~the department of~~ 
 62.12  revenue shall provide on the first page of the income tax form 
 62.13  and the renter and homeowner property tax refund return a space 
 62.14  for the individual to indicate a wish to ~~allocate~~ pay $5 ($10 if 
 62.15  filing a joint return) from the general fund of the state to 
 62.16  finance election campaigns.  The form ~~shall~~ must also contain 
 62.17  language prepared by the commissioner ~~which~~ that permits the 
 62.18  individual to direct the state to ~~allocate~~ pay the $5 (or $10 if 
 62.19  filing a joint return) to:  ~~(i)~~ (1) one of the major political 
 62.20  parties; ~~(ii)~~ (2) any minor political party ~~as defined in~~ 
 62.21  ~~section 10A.01, subdivision 13, which~~ that qualifies under ~~the~~ 
 62.22  ~~provisions of~~ subdivision 3a; or ~~(iii)~~ (3) all qualifying 
 62.23  candidates as provided by subdivision 7.  The renter and 
 62.24  homeowner property tax refund return ~~shall~~ must include 
 62.25  instructions that the individual filing the return may designate 
 62.26  $5 on the return only if the individual has not designated $5 on 
 62.27  the income tax return. 
 62.28     Subd. 3a.  [QUALIFICATION OF POLITICAL PARTIES.] (a) A 
 62.29  major political party ~~as defined in section 10A.01, subdivision~~ 
 62.30  ~~12,~~ qualifies for inclusion on the income tax form and property 
 62.31  tax refund return as provided in subdivision 3~~, provided that~~ if 
 62.32  it qualifies as a major political party by July 1 of the taxable 
 62.33  year. 
 62.34     (b) A minor political party ~~as defined in section 10A.01,~~ 
 62.35  ~~subdivision 13~~ qualifies for inclusion on the income tax form 
 62.36  and property tax refund return as provided in subdivision 3~~,~~ 
 63.1   ~~provided that~~ 
 63.2      ~~(1)(a) if a petition is filed, it is filed by June 1 of the~~ 
 63.3   ~~taxable year; or~~ 
 63.4      ~~(b) if the party ran a candidate for statewide office, that~~ 
 63.5   ~~office must have been the office of governor and lieutenant~~ 
 63.6   ~~governor, secretary of state, state auditor, state treasurer, or~~ 
 63.7   ~~attorney general; and~~ 
 63.8      ~~(2)~~ if the secretary of state certifies to the commissioner 
 63.9   of revenue ~~by July 1, 1984, and~~ by July 1 of ~~every odd-numbered~~ 
 63.10  the taxable year ~~thereafter the parties which qualify as minor~~ 
 63.11  ~~political parties under this subdivision.~~  
 63.12     ~~A minor party shall be certified only if the secretary of~~ 
 63.13  ~~state determines~~ that the party satisfies the following 
 63.14  conditions:  
 63.15     ~~(a)~~ (1) ~~the party meets the requirements of section 10A.01,~~ 
 63.16  ~~subdivision 13, and~~ in the last ~~applicable~~ general election, the 
 63.17  party ran a candidate for the ~~statewide offices listed in clause~~ 
 63.18  ~~(1)(b) of this subdivision~~ office of governor and lieutenant 
 63.19  governor, secretary of state, state auditor, or attorney 
 63.20  general, who received votes in each county that in the aggregate 
 63.21  total at least one percent of the total number of individuals 
 63.22  who voted in the election; 
 63.23     ~~(b)~~ (2) it is a political party, not a principal campaign 
 63.24  committee; and 
 63.25     ~~(c)~~ (3) it has held a state convention in the last two 
 63.26  years~~, adopted a state constitution, and elected state officers;~~ 
 63.27  and 
 63.28     ~~(d)~~ an officer of the party has filed with the secretary of 
 63.29  state a certification ~~that the party held a state convention in~~ 
 63.30  ~~the last two years, adopted a state constitution, and elected~~ 
 63.31  ~~state officers~~ to that effect. 
 63.32     Subd. 4.  [APPROPRIATION.] (a) The amounts designated by 
 63.33  individuals for the state elections campaign fund, less three 
 63.34  percent, are appropriated from the general fund ~~and shall~~, must 
 63.35  be transferred and credited to the appropriate account in the 
 63.36  state elections campaign fund, and are annually appropriated for 
 64.1   distribution as set forth in subdivisions 5, 5a, 6, and 7.  ~~An~~ 
 64.2   ~~amount equal to~~ The remaining three percent ~~shall~~ must be 
 64.3   ~~retained~~ kept in the general fund for administrative costs.  
 64.4      (b) In addition to the amounts in paragraph (a), $1,500,000 
 64.5   for each general election is appropriated from the general 
 64.6   fund for transfer to the general account of the state elections 
 64.7   campaign fund. 
 64.8      Subd. 5.  [ALLOCATION ~~TO CANDIDATES~~.] (a) [GENERAL 
 64.9   ACCOUNT.] In each calendar year the money in the general account 
 64.10  ~~shall~~ must be allocated to candidates as follows: 
 64.11     (1) 21 percent for the offices of governor and lieutenant 
 64.12  governor together; 
 64.13     (2) ~~3.6~~ 4.2 percent for the office of attorney general; 
 64.14     (3) ~~1.8~~ 2.4 percent each for the offices of secretary of 
 64.15  state~~,~~ and state auditor~~, and state treasurer~~; 
 64.16     (4) in each calendar year during the period in which state 
 64.17  senators serve a four-year term, 23-1/3 percent for the office 
 64.18  of state senator, and 46-2/3 percent for the office of state 
 64.19  representative; and 
 64.20     (5) in each calendar year during the period in which state 
 64.21  senators serve a two-year term, 35 percent each for the offices 
 64.22  of state senator and state representative. 
 64.23     (b) [PARTY ACCOUNT.] In each calendar year the money in 
 64.24  each party account ~~shall~~ must be allocated as follows: 
 64.25     (1) 14 percent for the offices of governor and lieutenant 
 64.26  governor together; 
 64.27     (2) ~~2.4~~ 2.8 percent for the office of attorney general; 
 64.28     (3) ~~1.2~~ 1.6 percent each for the offices of secretary of 
 64.29  state~~,~~ and state auditor~~, and state treasurer~~; 
 64.30     (4) in each calendar year during the period in which state 
 64.31  senators serve a four-year term, 23-1/3 percent for the office 
 64.32  of state senator, and 46-2/3 percent for the office of state 
 64.33  representative; 
 64.34     (5) in each calendar year during the period in which state 
 64.35  senators serve a two-year term, 35 percent each for the offices 
 64.36  of state senator and state representative; and 
 65.1      (6) ten percent for the state committee of a political 
 65.2   party~~;~~. 
 65.3      Money allocated to each state committee under ~~this~~ clause 
 65.4   (6) must be deposited in a separate account and must be spent 
 65.5   for only those items enumerated in section 10A.275~~;~~.  Money 
 65.6   allocated to a state committee under ~~this~~ clause (6) must be 
 65.7   paid to the committee ~~by the state treasurer as notified~~ by the 
 65.8   ~~state campaign finance and public disclosure~~ board as it is 
 65.9   received in the account on a monthly basis, with payment on the 
 65.10  15th day of the calendar month following the month in which the 
 65.11  returns were processed by the department of revenue, provided 
 65.12  that these distributions would be equal to 90 percent of the 
 65.13  amount of money indicated in the department of revenue's weekly 
 65.14  unedited reports of income tax returns and property tax refund 
 65.15  returns processed in the month, as notified by the department of 
 65.16  revenue to the ~~state campaign finance and public disclosure~~ 
 65.17  board.  The amounts paid to each state committee are subject to 
 65.18  biennial adjustment and settlement at the time of each 
 65.19  certification required of the commissioner of revenue under 
 65.20  subdivisions 7 and 10.  If the total amount of payments received 
 65.21  by a state committee for the period reflected on a certification 
 65.22  by the department of revenue is different from the amount that 
 65.23  should have been received during the period according to the 
 65.24  certification, each subsequent monthly payment must be increased 
 65.25  or decreased to the fullest extent possible until the amount of 
 65.26  the overpayment is recovered or the underpayment is distributed. 
 65.27     Subd. 5a.  [PARTY ACCOUNT FOR LEGISLATIVE CANDIDATES.] To 
 65.28  ~~assure~~ ensure that ~~moneys~~ money will be returned to the counties 
 65.29  from which ~~they were~~ it was collected~~,~~ and to ~~assure~~ ensure 
 65.30  that the distribution of ~~those moneys~~ money rationally relates 
 65.31  to the support for particular parties or for particular 
 65.32  candidates within legislative districts, money from the party 
 65.33  accounts for legislative candidates ~~shall~~ must be distributed as 
 65.34  ~~follows:~~ provided in this subdivision.  
 65.35     Each candidate for the state senate and state house of 
 65.36  representatives whose name is to appear on the ballot in the 
 66.1   general election shall receive money from the candidate's party 
 66.2   account ~~set aside for~~ allocated to candidates ~~of~~ for the state 
 66.3   senate or state house of representatives, whichever applies, 
 66.4   according to the following formula~~;~~: 
 66.5      For each county within the candidate's district, the 
 66.6   candidate's share of the dollars ~~allocated~~ designated by 
 66.7   taxpayers who resided in that county and credited to the 
 66.8   candidate's party account and ~~set aside for~~ allocated to that 
 66.9   office ~~shall~~ must be: 
 66.10     ~~(a)~~ (1) the sum of the votes cast in the last general 
 66.11  election in that part of the county in the candidate's district 
 66.12  for all candidates of that candidate's party ~~(i)~~ whose names 
 66.13  appeared on the ballot ~~in each voting precinct of the state and~~ 
 66.14  ~~(ii)~~ statewide and for the state senate and state house of 
 66.15  representatives, divided by 
 66.16     ~~(b)~~ (2) the sum of the votes cast in ~~that~~ the entire county 
 66.17  in the last general election for all candidates of that 
 66.18  candidate's party ~~(i)~~ whose names appeared on the ballot ~~in each~~ 
 66.19  ~~voting precinct in the state and (ii)~~ statewide and for the 
 66.20  state senate and state house of representatives, multiplied by 
 66.21     ~~(c)~~ (3) the amount in the candidate's party account 
 66.22  ~~allocated~~ designated by taxpayers who resided in that county and 
 66.23  ~~set aside for the candidates for the~~ allocated to that office 
 66.24  ~~for which the candidate is running~~. 
 66.25     The sum of all the county shares calculated in the formula 
 66.26  above is the candidate's share of the candidate's party account. 
 66.27     In a year in which an election for the state senate occurs, 
 66.28  with respect to votes for candidates for the state senate only, 
 66.29  "last general election" means the last general election in which 
 66.30  an election for the state senate occurred. 
 66.31     For ~~any~~ a party under whose name no candidate's name 
 66.32  appeared on the ballot ~~in each voting precinct in the state~~ 
 66.33  statewide in the last general election, amounts in the party's 
 66.34  account ~~shall~~ must be allocated based on ~~(a)~~ (1) the number of 
 66.35  people voting in the last general election in that part of the 
 66.36  county in the candidate's district, divided by ~~(b)~~ (2) the 
 67.1   number of the people voting in ~~that~~ the entire county in the 
 67.2   last general election, multiplied by ~~(c)~~ (3) the amount in the 
 67.3   candidate's party account ~~allocated~~ designated by taxpayers who 
 67.4   resided in that county and ~~set aside for the candidates for the~~ 
 67.5   allocated to that office ~~for which the candidate is running~~. 
 67.6      In ~~a year in which~~ the first general election after ~~a~~ 
 67.7   ~~legislative reapportionment is held~~ the legislature is 
 67.8   redistricted, "the candidate's district" means the newly drawn 
 67.9   district~~,~~ and voting data from the last general election ~~will~~ 
 67.10  must be applied to the area encompassing the newly drawn 
 67.11  district, notwithstanding that the area was in a different 
 67.12  district in the last general election. 
 67.13     If in a district there was no candidate of a party for the 
 67.14  state senate or state house of representatives in the last 
 67.15  general election, or if a candidate for the state senate or 
 67.16  state house of representatives was unopposed, the vote for that 
 67.17  office for that party ~~shall be~~ is the average vote of all the 
 67.18  remaining candidates of that party in each county of that 
 67.19  district whose votes are included in the sums in clauses ~~(a)~~ (1) 
 67.20  and ~~(b)~~ (2).  The average vote ~~shall~~ must be added to the sums 
 67.21  in clauses ~~(a)~~ (1) and ~~(b)~~ (2) before the calculation is made 
 67.22  for all districts in the county. 
 67.23     ~~Money from a party account not distributed to candidates~~ 
 67.24  ~~for state senator and representative in any election year shall~~ 
 67.25  ~~be returned to the general fund of the state.  Money from a~~ 
 67.26  ~~party account not distributed to candidates for other offices in~~ 
 67.27  ~~an election year shall be returned to the party account for~~ 
 67.28  ~~reallocation to candidates as provided in clauses (1) to (6) in~~ 
 67.29  ~~the following year.  Money from the general account refused by~~ 
 67.30  ~~any candidate shall be distributed to all other qualifying~~ 
 67.31  ~~candidates in proportion to their shares as provided in this~~ 
 67.32  ~~subdivision.~~  
 67.33     Subd. 6.  [DISTRIBUTION OF PARTY ACCOUNTS.] As soon as the 
 67.34  board has obtained from the secretary of state the results of 
 67.35  the primary election, but ~~in any event~~ no later than one week 
 67.36  after certification by the state canvassing board of the results 
 68.1   of the primary, the board shall distribute the available ~~funds~~ 
 68.2   money in each party account, as certified by the commissioner of 
 68.3   revenue on September 1, to the candidates of that party who have 
 68.4   signed ~~the~~ a spending limit agreement ~~as provided in~~ under 
 68.5   section 10A.322 and filed the affidavit of contributions 
 68.6   required by section 10A.323, who were opposed in either the 
 68.7   primary election or the general election, and whose names are to 
 68.8   appear on the ballot in the general election, according to the 
 68.9   allocations set forth in ~~subdivision~~ subdivisions 5 and 5a.  The 
 68.10  public subsidy from the party account may not be paid in an 
 68.11  amount greater than the expenditure limit of the candidate or 
 68.12  the expenditure limit that would have applied to the candidate 
 68.13  if the candidate had not been freed from expenditure limits 
 68.14  under section 10A.25, subdivision 10.  If a candidate files the 
 68.15  affidavit required by section 10A.323 after September 1 of the 
 68.16  general election year, the board shall pay the candidate's 
 68.17  allocation to the candidate at the next regular payment date for 
 68.18  public subsidies for that election cycle that occurs at least 15 
 68.19  days after the candidate files the affidavit. 
 68.20     Subd. 6a.  [PARTY ACCOUNT MONEY NOT DISTRIBUTED.] Money 
 68.21  from a party account not distributed to candidates for state 
 68.22  senator or representative in any election year must be returned 
 68.23  to the general fund of the state, except that the subsidy from 
 68.24  the party account an unopposed candidate would otherwise have 
 68.25  been eligible to receive must be paid to the state committee of 
 68.26  the candidate's political party to be deposited in a special 
 68.27  account under subdivision 5, paragraph (b), clause (6), and used 
 68.28  for only those items permitted under section 10A.275.  Money 
 68.29  from a party account not distributed to candidates for other 
 68.30  offices in an election year must be returned to the party 
 68.31  account for reallocation to candidates as provided in 
 68.32  subdivision 5, paragraph (b), in the following year. 
 68.33     Subd. 7.  [DISTRIBUTION OF GENERAL ACCOUNT.] (a) Within two 
 68.34  weeks after certification by the state canvassing board of the 
 68.35  results of the general election, the board shall distribute the 
 68.36  available ~~funds~~ money in the general account, as certified by 
 69.1   the commissioner of revenue on November 1 and according to 
 69.2   allocations set forth in subdivision 5, in equal amounts to all 
 69.3   candidates ~~for each statewide office~~ who: 
 69.4      (1) have signed a spending limit agreement under section 
 69.5   10A.322; 
 69.6      (2) have filed the affidavit of contributions required by 
 69.7   section 10A.323; 
 69.8      (3) were opposed in either the primary election or the 
 69.9   general election; and 
 69.10     (4) are either a candidate for statewide office who 
 69.11  received at least five percent of the votes cast in the general 
 69.12  election for that office~~, and to all candidates~~ or a candidate 
 69.13  for legislative office who received at least ten percent of the 
 69.14  votes cast in the general election for ~~the specific office for~~ 
 69.15  ~~which they were candidates, provided~~ that seat. 
 69.16     (b) The public subsidy under this subdivision may not be 
 69.17  paid in an amount that would cause the sum of the public subsidy 
 69.18  paid from the party account plus the public subsidy paid from 
 69.19  the general account ~~and the public subsidy paid to match~~ 
 69.20  ~~independent expenditures~~ to exceed 50 percent of the expenditure 
 69.21  limit for the candidate~~.  If a candidate is entitled to receive~~ 
 69.22  ~~an opponent's share of the general account public subsidy under~~ 
 69.23  ~~section 10A.25, subdivision 10, the opponent's share must be~~ 
 69.24  ~~excluded in calculating the 50 percent limit~~ or 50 percent of 
 69.25  the expenditure limit that would have applied to the candidate 
 69.26  if the candidate had not been freed from expenditure limits 
 69.27  under section 10A.25, subdivision 10.  Money from the general 
 69.28  account not paid to a candidate because of the 50 percent limit 
 69.29  must be distributed equally among all other qualifying 
 69.30  candidates for the same office until all have reached the 50 
 69.31  percent limit or the balance in the general account is 
 69.32  exhausted.  ~~The board shall not use the information contained in~~ 
 69.33  ~~the report of the principal campaign committee of any candidate~~ 
 69.34  ~~due ten days before the general election for the purpose of~~ 
 69.35  ~~reducing the amount due that candidate from the general account.~~ 
 69.36     Subd. 10.  [DECEMBER DISTRIBUTION.] In the event that on 
 70.1   the date of either certification by the commissioner of revenue 
 70.2   as provided in ~~subdivisions~~ subdivision 6 ~~and~~ or 7, less than 98 
 70.3   percent of the tax returns have been processed, the commissioner 
 70.4   of revenue shall certify to the board by December 1 the amount 
 70.5   accumulated in each account since the previous certification.  
 70.6   By December 15, the board shall distribute to each candidate 
 70.7   according to the allocations ~~as provided~~ in ~~subdivision~~ 
 70.8   subdivisions 5 and 5a the amounts to which the candidates are 
 70.9   entitled.  
 70.10     Subd. 10a.  [FORM OF DISTRIBUTION.] A distribution to a 
 70.11  candidate must be in the form of ~~checks~~ a check made "payable to 
 70.12  the campaign fund of ......(name of candidate)......."  
 70.13     Subd. 10b.  [REMAINDER.] ~~Any~~ Money accumulated after the 
 70.14  final certification ~~shall~~ must be ~~maintained~~ kept in the 
 70.15  respective accounts for distribution in the next general 
 70.16  election year. 
 70.17     Subd. 11.  [WRITE-IN CANDIDATE.] For the purposes of this 
 70.18  section, a write-in candidate is a candidate only upon complying 
 70.19  with ~~the provisions of section~~ sections 10A.322~~, subdivision~~ 
 70.20  ~~1~~ and 10A.323. 
 70.21     ~~Subd. 12.  [UNOPPOSED CANDIDATE NOT ELIGIBLE.] A candidate~~ 
 70.22  ~~who is unopposed in both the primary election and the general~~ 
 70.23  ~~election is not eligible to receive a public subsidy from the~~ 
 70.24  ~~state election campaign fund.  The subsidy from the party~~ 
 70.25  ~~account the candidate would otherwise have been eligible to~~ 
 70.26  ~~receive must be paid to the candidate's political party to be~~ 
 70.27  ~~deposited in a special account under section 10A.31, subdivision~~ 
 70.28  ~~5, clause (6), and used for only those items permitted under~~ 
 70.29  ~~section 10A.275.~~ 
 70.30     Sec. 40.  Minnesota Statutes 1998, section 10A.315, is 
 70.31  amended to read: 
 70.32     10A.315 [SPECIAL ELECTION SUBSIDY.] 
 70.33     (a) Each eligible candidate for a legislative office in a 
 70.34  special election must be paid a public subsidy equal to the sum 
 70.35  of: 
 70.36     (1) the party account money at the last general election 
 71.1   for the candidate's party for the office the candidate is 
 71.2   seeking; and 
 71.3      (2) the general account money paid to ~~candidates~~ a 
 71.4   candidate for the same office at the last general election.  
 71.5      (b) ~~If the filing period for the special election coincides~~ 
 71.6   ~~with the filing period for the general election, the candidate~~ 
 71.7   ~~must meet the matching requirements of section 10A.323 and the~~ 
 71.8   ~~special election subsidy must be distributed in the same manner~~ 
 71.9   ~~as money is distributed to legislative candidates in a general~~ 
 71.10  ~~election.~~ 
 71.11     ~~(c) If the filing period for the special election does not~~ 
 71.12  ~~coincide with the filing period for the general election, the~~ 
 71.13  ~~procedures in this paragraph apply.~~  A candidate who wishes to 
 71.14  receive this public subsidy must submit a signed agreement under 
 71.15  section 10A.322 to the board ~~not later than the day after the~~ 
 71.16  ~~candidate files the affidavit of candidacy or nominating~~ 
 71.17  ~~petition for the office.  The candidate~~ and must meet the 
 71.18  ~~matching~~ contribution requirements of section 10A.323.  The 
 71.19  special election subsidy must be distributed in the same manner 
 71.20  as money in the party and general accounts is distributed to 
 71.21  legislative candidates in a general election. 
 71.22     ~~(d)~~ (c) The amount necessary to make the payments required 
 71.23  by this ~~subdivision~~ section is appropriated from the general 
 71.24  fund to the ~~state treasurer~~ board. 
 71.25     Sec. 41.  Minnesota Statutes 1998, section 10A.321, is 
 71.26  amended to read: 
 71.27     10A.321 [ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.] 
 71.28     Subdivision 1.  [CALCULATION AND CERTIFICATION OF 
 71.29  ESTIMATES.] The commissioner of revenue shall calculate and 
 71.30  certify to the board before July 1 in ~~an~~ each election year an 
 71.31  estimate of the total amount in the state general account of the 
 71.32  state elections campaign fund and the amount of money each 
 71.33  candidate who qualifies, as provided in section 10A.31, 
 71.34  subdivisions 6 and 7, may receive from the candidate's party 
 71.35  account in the state elections campaign fund.  This estimate 
 71.36  must be based upon the allocations and formulas in section 
 72.1   10A.31, ~~subdivision~~ subdivisions 5 and 5a, any necessary vote 
 72.2   totals provided by the secretary of state to apply the formulas 
 72.3   in section 10A.31, ~~subdivision~~ subdivisions 5 and 5a, and the 
 72.4   amount of money expected to be available after 100 percent of 
 72.5   the tax returns have been processed.  
 72.6      Subd. 2.  [PUBLICATION, CERTIFICATION, AND NOTIFICATION 
 72.7   PROCEDURES.] Before the first day of filing for office, the 
 72.8   board shall publish and forward to all filing officers the 
 72.9   estimates calculated and certified under subdivision 1 along 
 72.10  with a copy of section 10A.25, subdivision 10.  Within seven 
 72.11  days after the last day for filing for office, the secretary of 
 72.12  state shall certify to the board the name, address, office 
 72.13  sought, and party affiliation of each candidate who has filed 
 72.14  with that office an affidavit of candidacy or petition to appear 
 72.15  on the ballot.  The auditor of each county shall certify to the 
 72.16  board the same information for each candidate who has filed with 
 72.17  that county an affidavit of candidacy or petition to appear on 
 72.18  the ballot.  ~~Within seven days afterward, the board shall~~ 
 72.19  ~~estimate the minimum amount to be received by each candidate who~~ 
 72.20  ~~qualifies, as provided in section 10A.31, subdivisions 6 and 7.~~  
 72.21  By August 15 the board shall notify all candidates of 
 72.22  their estimated minimum amount.  The board shall include with 
 72.23  the notice a form for the agreement provided in section 10A.322 
 72.24  along with a copy of section 10A.25, subdivision 10. 
 72.25     Sec. 42.  Minnesota Statutes 1998, section 10A.322, is 
 72.26  amended to read: 
 72.27     10A.322 [~~PUBLIC SUBSIDY~~ SPENDING LIMIT AGREEMENTS.] 
 72.28     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 72.29  condition of receiving a public subsidy, a candidate shall sign 
 72.30  and file with the board a written agreement in which the 
 72.31  candidate agrees that the candidate will comply with sections 
 72.32  10A.25; 10A.27, subdivision 10; and 10A.324. 
 72.33     (b) Before the first day of filing for office, the board 
 72.34  shall forward agreement forms to all filing officers.  The board 
 72.35  shall also provide agreement forms to candidates on request at 
 72.36  any time.  ~~The candidate may sign an agreement and submit it to~~ 
 73.1   ~~the filing officer on the day of filing an affidavit of~~ 
 73.2   ~~candidacy or petition to appear on the ballot, in which case the~~ 
 73.3   ~~filing officer shall without delay forward signed agreements to~~ 
 73.4   ~~the board.  Alternatively,~~ The candidate ~~may submit~~ shall file 
 73.5   the agreement ~~directly to~~ with the board ~~at any time before~~ by 
 73.6   September 1 preceding the candidate's general election or a 
 73.7   special election held at the general election.  An agreement may 
 73.8   not be filed after that date.  An agreement once filed may not 
 73.9   be rescinded. 
 73.10     (c) The board shall ~~forward a copy~~ notify the commissioner 
 73.11  of revenue of any agreement signed under this subdivision ~~to the~~ 
 73.12  ~~commissioner of revenue~~.  
 73.13     (d) Notwithstanding ~~any provisions of this section~~ 
 73.14  paragraph (b), ~~when~~ if a vacancy occurs that will be filled by 
 73.15  means of a special election and the filing period does not 
 73.16  coincide with the filing period for the general election, a 
 73.17  candidate may sign and submit a spending limit agreement ~~at any~~ 
 73.18  ~~time before the deadline for submission of a signed agreement~~ 
 73.19  ~~under section 10A.315~~ not later than the day after the candidate 
 73.20  files the affidavit of candidacy or nominating petition for the 
 73.21  office. 
 73.22     Subd. 2.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
 73.23  insofar as it relates to the expenditure limits in section 
 73.24  10A.25, as adjusted by section 10A.255, and the contribution 
 73.25  limit in section 10A.27, subdivision 10, remains effective for 
 73.26  candidates until the dissolution of the principal campaign 
 73.27  committee of the candidate or the end of the first election 
 73.28  cycle completed after the agreement was filed, whichever occurs 
 73.29  first. 
 73.30     ~~Subd. 3.  [ESTIMATE; ACTUAL AMOUNT.] For the purposes of~~ 
 73.31  ~~subdivisions 1 to 3 only, the total amount to be distributed to~~ 
 73.32  ~~each candidate is calculated to be the candidate's share of the~~ 
 73.33  ~~total estimated funds in the candidate's party account as~~ 
 73.34  ~~provided in section 10A.321, subdivision 1, plus the total~~ 
 73.35  ~~amount estimated as provided in section 10A.321, subdivision 1,~~ 
 73.36  ~~to be in the general account of the state elections campaign~~ 
 74.1   ~~fund and set aside for that office divided by the number of~~ 
 74.2   ~~candidates whose names are to appear on the general election~~ 
 74.3   ~~ballot for that office.  If for any reason the amount actually~~ 
 74.4   ~~received by the candidate is greater than the candidate's share~~ 
 74.5   ~~of the estimate, and the contributions thereby exceed the~~ 
 74.6   ~~difference, the agreement must not be considered violated.~~ 
 74.7      Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
 74.8   make available to a political party on request and to any 
 74.9   candidate for whom an agreement under this section is effective, 
 74.10  a supply of official refund receipt forms that state in boldface 
 74.11  type that (1) a contributor who is given a receipt form is 
 74.12  eligible to claim a refund as provided in section 290.06, 
 74.13  subdivision 23, and (2) if the contribution is to a candidate, 
 74.14  that the candidate has signed an agreement to limit campaign 
 74.15  expenditures as provided in this section.  The forms must 
 74.16  provide duplicate copies of the receipt to be attached to the 
 74.17  contributor's claim.  A candidate who does not sign an agreement 
 74.18  under this section and who willfully issues an official refund 
 74.19  receipt form or a facsimile of one to any of the candidate's 
 74.20  contributors is guilty of a misdemeanor. 
 74.21     Sec. 43.  Minnesota Statutes 1998, section 10A.323, is 
 74.22  amended to read: 
 74.23     10A.323 [~~MATCHING REQUIREMENTS~~ AFFIDAVIT OF CONTRIBUTIONS.] 
 74.24     In addition to the requirements of section 10A.322, to be 
 74.25  eligible to receive a public subsidy under section 10A.31 a 
 74.26  candidate or the candidate's treasurer shall file an affidavit 
 74.27  with the board stating that during that calendar year the 
 74.28  candidate has accumulated contributions from persons eligible to 
 74.29  vote in this state in at least the amount indicated for the 
 74.30  office sought, counting only the first $50 received from each 
 74.31  contributor: 
 74.32     (1) candidates for governor and lieutenant governor running 
 74.33  together, $35,000; 
 74.34     (2) candidates for attorney general, $15,000; 
 74.35     (3) candidates for secretary of state~~, state treasurer,~~ and 
 74.36  state auditor, separately, $6,000; 
 75.1      (4) candidates for the senate, $3,000; and 
 75.2      (5) candidates for the house of representatives, $1,500. 
 75.3      The affidavit must state the total amount of contributions 
 75.4   that have been received from persons eligible to vote in this 
 75.5   state ~~and the total amount of those contributions received~~, 
 75.6   disregarding the portion of any contribution in excess of $50.  
 75.7      The candidate or the candidate's treasurer shall submit the 
 75.8   affidavit required by this section to the board in writing by 
 75.9   September 1 of the general election year to receive the payment 
 75.10  ~~based on the results of~~ made following the primary election~~, by~~ 
 75.11  ~~September 15 to receive the payment made October 1, by October 1~~ 
 75.12  ~~to receive the payment made October 15,~~ and by November 1 to 
 75.13  receive the payment made ~~November 15, and by December 1 to~~ 
 75.14  ~~receive the payment made December 15~~ following the general 
 75.15  election.  
 75.16     A candidate for a vacancy to be filled at a special 
 75.17  election for which the filing period does not coincide with the 
 75.18  filing period for the general election shall submit the 
 75.19  affidavit required by this section to the board within five days 
 75.20  after filing the affidavit of candidacy. 
 75.21     Sec. 44.  Minnesota Statutes 1998, section 10A.324, 
 75.22  subdivision 1, is amended to read: 
 75.23     Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate shall 
 75.24  return all or a portion of the public subsidy received from the 
 75.25  state elections campaign fund or the public ~~matching~~ subsidy 
 75.26  received under section 10A.315, under the circumstances in this 
 75.27  section or section 10A.25, subdivision 11. 
 75.28     ~~(a) To the extent that the amount of public subsidy~~ 
 75.29  ~~received by the candidate exceeds the expenditure limits for the~~ 
 75.30  ~~office held or sought, as provided in section 10A.25 and as~~ 
 75.31  ~~adjusted by section 10A.255, the treasurer of the candidate's~~ 
 75.32  ~~principal campaign committee shall return the excess to the~~ 
 75.33  ~~board.~~ 
 75.34     ~~(b)~~ To the extent that the amount of public subsidy 
 75.35  received exceeds the aggregate of:  (1) actual expenditures made 
 75.36  by the principal campaign committee of the candidate; and (2) 
 76.1   approved expenditures made on behalf of the candidate, the 
 76.2   treasurer of the candidate's principal campaign committee shall 
 76.3   return an amount equal to the difference to the board.  The cost 
 76.4   of postage that was not used during an election cycle and 
 76.5   payments that created credit balances at vendors at the close of 
 76.6   an election cycle are not considered expenditures for purposes 
 76.7   of determining the amount to be returned.  Expenditures in 
 76.8   excess of the candidate's spending limit do not count in 
 76.9   determining aggregate expenditures under this paragraph. 
 76.10     Sec. 45.  Minnesota Statutes 1998, section 10A.324, 
 76.11  subdivision 3, is amended to read: 
 76.12     Subd. 3.  [HOW RETURN DETERMINED.] Whether or not a 
 76.13  candidate is required under subdivision 1 to return all or a 
 76.14  portion of the public subsidy must be determined from the report 
 76.15  required to be filed with the board by that candidate by January 
 76.16  31 of the year following an election.  ~~For purposes of this~~ 
 76.17  ~~section, a transfer from a principal campaign committee to a~~ 
 76.18  ~~political party is considered to be a noncampaign disbursement.~~  
 76.19  ~~The cost of postage that was not used during an election cycle~~ 
 76.20  ~~and payments that created credit balances at vendors at the~~ 
 76.21  ~~close of an election cycle are not considered expenditures for~~ 
 76.22  ~~purposes of determining the amount to be returned.  Any~~ An 
 76.23  amount required to be returned must be submitted in the form of 
 76.24  a check or money order and must accompany the report filed with 
 76.25  the board.  The board shall ~~forward~~ deposit the check or money 
 76.26  order ~~to~~ in the state ~~treasurer for deposit in~~ treasury for 
 76.27  credit to the general fund.  The amount returned must not exceed 
 76.28  the amount of public subsidy received by the candidate. 
 76.29     Sec. 46.  Minnesota Statutes 1998, section 10A.34, is 
 76.30  amended to read: 
 76.31     10A.34 [REMEDIES.] 
 76.32     Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
 76.33  a duty under ~~sections 10A.02 to 10A.34 shall be~~ this chapter is 
 76.34  personally liable for the penalty for failing to discharge it. 
 76.35     Subd. 1a.  [RECOVERING LATE ~~FILING~~ FEES.] The board may 
 76.36  bring an action in the district court in Ramsey county to 
 77.1   recover ~~any~~ a late filing fee imposed ~~pursuant to any provision~~ 
 77.2   ~~of~~ under this chapter.  ~~All~~ Money recovered ~~shall~~ must be 
 77.3   deposited in the general fund of the state. 
 77.4      Subd. 2.  [INJUNCTION.] The board or a county attorney may 
 77.5   seek an injunction in the district court to enforce ~~the~~ 
 77.6   ~~provisions of sections 10A.02 to 10A.34~~ this chapter. 
 77.7      Subd. 3.  [NOT A CRIME.] Unless otherwise provided, a 
 77.8   violation of ~~sections 10A.02 to 10A.34~~ this chapter is not a 
 77.9   crime. 
 77.10     Sec. 47.  [10A.35] [COMMERCIAL USE OF INFORMATION 
 77.11  PROHIBITED.] 
 77.12     Information copied from reports and statements filed with 
 77.13  the board may not be sold or used by an individual or 
 77.14  association for a commercial purpose.  Purposes related to 
 77.15  elections, political activities, or law enforcement are not 
 77.16  commercial purposes.  An individual or association who violates 
 77.17  this section is subject to a civil penalty of up to $1,000.  An 
 77.18  individual who knowingly violates this section is guilty of a 
 77.19  misdemeanor.  
 77.20     Sec. 48.  Minnesota Statutes 1998, section 200.02, is 
 77.21  amended by adding a subdivision to read: 
 77.22     Subd. 23.  [MINOR POLITICAL PARTY.] (a) "Minor political 
 77.23  party" means a political party that is not a major political 
 77.24  party as defined by subdivision 7 and that has adopted a state 
 77.25  constitution, designated a state party chair, and met the 
 77.26  requirements of paragraph (b) or (c), as applicable. 
 77.27     (b) To be considered a minor party in all elections 
 77.28  statewide, the political party must have presented at least one 
 77.29  candidate for a partisan office voted on statewide at the 
 77.30  preceding state general election who received votes in each 
 77.31  county that in the aggregate equal at least one percent of the 
 77.32  total number of individuals who voted in the election, or its 
 77.33  members must have presented to the secretary of state a 
 77.34  nominating petition in a form prescribed by the secretary of 
 77.35  state containing the signatures of party members in a number 
 77.36  equal to at least one percent of the total number of individuals 
 78.1   who voted in the preceding state general election.  
 78.2      (c) To be considered a minor party in an election in a 
 78.3   legislative district, the political party must have presented at 
 78.4   least one candidate for a legislative office in that district 
 78.5   who received votes from at least ten percent of the total number 
 78.6   of individuals who voted for that office, or its members must 
 78.7   have presented to the secretary of state a nominating petition 
 78.8   in a form prescribed by the secretary of state containing the 
 78.9   signatures of party members in a number equal to at least ten 
 78.10  percent of the total number of individuals who voted in the 
 78.11  preceding state general election for that legislative office. 
 78.12     Sec. 49.  Minnesota Statutes 1998, section 290.06, 
 78.13  subdivision 23, is amended to read: 
 78.14     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 78.15  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 78.16  amount of the taxpayer's contributions made in the calendar year 
 78.17  to candidates and to ~~any~~ a political party.  The maximum refund 
 78.18  for an individual must not exceed $50 and~~,~~ for a married couple, 
 78.19  filing jointly, must not exceed $100.  A refund of a 
 78.20  contribution is allowed only if the taxpayer files a form 
 78.21  required by the commissioner and attaches to the form a copy of 
 78.22  an official refund receipt form issued by the candidate or party 
 78.23  and signed by the candidate, the treasurer of the candidate's 
 78.24  principal campaign committee, or the party chair, after the 
 78.25  contribution was received.  The receipt forms must be numbered, 
 78.26  and the data on the receipt that are not public must be made 
 78.27  available to the campaign finance and public disclosure board 
 78.28  upon its request.  A claim must be filed with the 
 78.29  commissioner ~~not~~ no sooner than January 1 of the calendar year 
 78.30  in which the contribution ~~is~~ was made and no later than April 15 
 78.31  of the calendar year following the calendar year in which the 
 78.32  contribution ~~is~~ was made.  A taxpayer may file only one claim 
 78.33  per calendar year.  Amounts paid by the commissioner after June 
 78.34  15 of the calendar year following the calendar year in which the 
 78.35  contribution ~~is~~ was made must include interest at the rate 
 78.36  specified in section 270.76. 
 79.1      (b) No refund is allowed under this subdivision for a 
 79.2   contribution to ~~any~~ a candidate unless the candidate: 
 79.3      (1) has signed an agreement to limit campaign expenditures 
 79.4   as provided in section 10A.322 ~~or 10A.43~~; 
 79.5      (2) is seeking an office for which voluntary spending 
 79.6   limits are specified in section 10A.25 ~~or 10A.43~~; and 
 79.7      (3) has designated a principal campaign committee.  
 79.8      This subdivision does not limit the campaign 
 79.9   ~~expenditure~~ expenditures of a candidate who does not sign an 
 79.10  agreement but accepts a contribution for which the contributor 
 79.11  improperly claims a refund.  
 79.12     (c) For purposes of this subdivision, "political party" 
 79.13  means a major political party as defined in section 200.02, 
 79.14  subdivision 7, or a minor political party qualifying for 
 79.15  inclusion on the income tax or property tax refund form under 
 79.16  section 10A.31, subdivision 3a.  
 79.17     A "major party" or "minor party" includes the aggregate of 
 79.18  ~~the party~~ that party's organization within each house of the 
 79.19  legislature, the state party organization, and the party 
 79.20  organization within congressional districts, counties, 
 79.21  legislative districts, municipalities, and precincts.  
 79.22     "Candidate" means ~~a congressional candidate as defined in~~ 
 79.23  ~~section 10A.41, subdivision 4, or~~ a candidate as defined in 
 79.24  section 10A.01, subdivision 5, except a candidate for judicial 
 79.25  office.  
 79.26     "Contribution" means a gift of money. 
 79.27     (d) The commissioner shall make copies of the form 
 79.28  available to the public and candidates upon request. 
 79.29     (e) The following data collected or maintained by the 
 79.30  commissioner under this subdivision are private:  the identities 
 79.31  of individuals claiming a refund, the identities of candidates 
 79.32  to whom those individuals have made contributions, and the 
 79.33  amount of each contribution.  
 79.34     (f) The commissioner shall report to the campaign finance 
 79.35  and public disclosure board by each August 1 ~~of each year~~ a 
 79.36  summary showing the total number and aggregate amount of 
 80.1   political contribution refunds made on behalf of each candidate 
 80.2   and each political party.  These data are public. 
 80.3      (g) The amount necessary to pay claims for the refund 
 80.4   provided in this section is appropriated from the general fund 
 80.5   to the commissioner of revenue. 
 80.6      Sec. 50.  [INSTRUCTION TO REVISOR.] 
 80.7      Subdivision 1.  The revisor of statutes shall renumber the 
 80.8   definition subdivisions of Minnesota Statutes, section 10A.01, 
 80.9   in alphabetical order and make necessary cross-reference changes 
 80.10  consistent with the renumbering. 
 80.11     Subd. 2.  The revisor of statutes shall renumber each 
 80.12  section or subdivision of Minnesota Statutes listed in column A 
 80.13  with the number listed in column B.  The revisor shall also make 
 80.14  necessary cross-reference changes consistent with the 
 80.15  renumbering. 
 80.16           Column A                    Column B 
 80.17           10A.10                      10A.025, subd. 2 
 80.18           10A.22, subd. 6             10A.025, subd. 3 
 80.19           10A.23                      10A.025, subd. 4 
 80.20           10A.19                      10A.105 
 80.21           10A.25, subd. 11            10A.257, subd. 1 
 80.22           10A.25, subd. 12            10A.257, subd. 2 
 80.23           10A.22, subd. 7             10A.27, subd. 13 
 80.24           10A.065, subd. 1            10A.273, subd. 1 
 80.25           10A.065, subd. 1a           10A.273, subd. 2 
 80.26           10A.065, subd. 2            10A.273, subd. 3 
 80.27           10A.065, subd. 3            10A.273, subd. 4 
 80.28           10A.065, subd. 4            10A.273, subd. 5 
 80.29           10A.20, subd. 11            10A.36 
 80.30           10A.265                     10A.37 
 80.31     Subd. 3.  In chapter 10A, the revisor of statutes must 
 80.32  change "shall" wherever it appears so that the use of words of 
 80.33  authority in that chapter conforms to the instructions in the 
 80.34  Minnesota Rules Drafting Manual.  In following the manual's 
 80.35  instructions, the revisor must not use "shall" to impose duties. 
 80.36     Sec. 51.  [REPEALER.] 
 81.1      Minnesota Statutes 1998, sections 10A.065, subdivision 5; 
 81.2   10A.22, subdivisions 1, 4, and 5; 10A.255, subdivision 2; 
 81.3   10A.275, subdivisions 2 and 3; 10A.324, subdivisions 2 and 4; 
 81.4   10A.325; 10A.335; 10A.40; 10A.41; 10A.42; 10A.43; 10A.44; 
 81.5   10A.45; 10A.46; 10A.47; 10A.48; 10A.49; 10A.50; and 10A.51, are 
 81.6   repealed.