1.1 	A bill for an act
1.2 	relating to elections; clarifying definition of
1.3 	campaign expenditure; making certain exceptions to the
1.4 	ban on gifts to public officials; amending Minnesota
1.5 	Statutes 2004, sections 10A.01, subdivision 9;
1.6 	10A.071, subdivision 3; 471.895, subdivision 3.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 10A.01,
1.9 	subdivision 9, is amended to read:
1.10 		Subd. 9.Campaign expenditure.  "Campaign expenditure" or
1.11 	"expenditure" means a purchase or payment of money or anything
1.12 	of value, or an advance of credit, made or incurred for the
1.13 	purpose of influencing the nomination or election of a candidate
1.14 	or for the purpose of promoting or defeating a ballot question.
1.15 	"Campaign expenditure" includes payments for attending a
1.16 	state or national convention and payments for funeral gifts or
1.17 	memorials.
1.18 	An expenditure is considered to be made in the year in
1.19 	which the candidate made the purchase of goods or services or
1.20 	incurred an obligation to pay for goods or services.
1.21 	An expenditure made for the purpose of defeating a
1.22 	candidate is considered made for the purpose of influencing the
1.23 	nomination or election of that candidate or any opponent of that
1.24 	candidate.
1.25 	Except as provided in clause (1), "expenditure" includes
1.26 	the dollar value of a donation in kind.
2.1 	"Expenditure" does not include:
2.2 	(1) noncampaign disbursements as defined in subdivision 26;
2.3 	(2) services provided without compensation by an individual
2.4 	volunteering personal time on behalf of a candidate, ballot
2.5 	question, political committee, political fund, principal
2.6 	campaign committee, or party unit; or
2.7 	(3) the publishing or broadcasting of news items or
2.8 	editorial comments by the news media.

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

3.5 	Sec. 3. Minnesota Statutes 2004, section 471.895,
3.6 	subdivision 3, is amended to read:
3.7 		Subd. 3.Exceptions.  (a) The prohibitions in this
3.8 	section do not apply if the gift is:
3.9 	(1) a contribution as defined in section 211A.01,
3.10 	subdivision 5;
3.11 	(2) services to assist an official in the performance of
3.12 	official duties, including but not limited to providing advice,
3.13 	consultation, information, and communication in connection with
3.14 	legislation, and services to constituents;
3.15 	(3) services of insignificant monetary value;
3.16 	(4) a plaque or similar memento recognizing individual
3.17 	services in a field of specialty or to a charitable cause;
3.18 	(5) a trinket or memento of insignificant with a fair
3.19 	market value of $5 or less;
3.20 	(6) informational material of unexceptional value; or
3.21 	(7) food or a beverage given at a reception, meal, or
3.22 	meeting away from the recipient's place of work by an
3.23 	organization before whom the recipient appears to make a speech
3.24 	or answer questions as part of a program.
3.25 	(b) The prohibitions in this section do not apply if the
3.26 	gift is given:
3.27 	(1) because of the recipient's membership in a group, a
3.28 	majority of whose members are not local officials, and an
3.29 	equivalent gift is given or offered to the other members of the
3.30 	group;
3.31 	(2) by an interested person who is a member of the family
3.32 	of the recipient, unless the gift is given on behalf of someone
3.33 	who is not a member of that family; or
3.34 	(3) by a national or multistate organization of
3.35 	governmental organizations or public officials, if a majority of
3.36 	the dues to the organization are paid from public funds, to
4.1 	attendees at a conference sponsored by that organization, if the
4.2 	gift is food or a beverage given at a reception or meal and an
4.3 	equivalent gift is given or offered to all other attendees.

4.4 	Sec. 4. EFFECTIVE DATE.
 4.5 	This act is effective the day following final enactment.