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