1.1                          A bill for an act 
  1.2             relating to campaign finance; clarifying definitions; 
  1.3             facilitating reports of last-minute contributions; 
  1.4             clarifying campaign finance requirements; changing 
  1.5             certain limits; requiring return of public subsidies 
  1.6             under certain conditions; making advisory opinions 
  1.7             public data; clarifying certain definitions and 
  1.8             prohibitions; clarifying and authorizing exceptions to 
  1.9             the ban on gifts; providing civil penalties; amending 
  1.10            Minnesota Statutes 1998, sections 10A.01, subdivisions 
  1.11            7 and 18; 10A.02, subdivision 12; 10A.03, subdivision 
  1.12            3; 10A.04, subdivisions 5 and 7; 10A.065, subdivisions 
  1.13            1, 3, and by adding a subdivision; 10A.071; 10A.08; 
  1.14            10A.09, subdivision 7; 10A.14, subdivision 4; 10A.15, 
  1.15            subdivisions 3, 5, and by adding a subdivision; 
  1.16            10A.20, subdivisions 2, 3, 5, 6b, 12, and by adding a 
  1.17            subdivision; 10A.23; 10A.25, subdivisions 2 and 10; 
  1.18            10A.29; 10A.31, subdivisions 7 and 10; 10A.315; 
  1.19            10A.322, subdivisions 1 and 4; 10A.324, subdivision 1; 
  1.20            10A.34; 200.02, by adding a subdivision; 211A.02, 
  1.21            subdivision 2; 211A.12; 290.06, subdivision 23; and 
  1.22            471.895; proposing coding for new law in Minnesota 
  1.23            Statutes, chapter 211A; repealing Minnesota Statutes 
  1.24            1998, section 10A.09, subdivision 3. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1998, section 10A.01, 
  1.27  subdivision 7, is amended to read: 
  1.28     Subd. 7.  [CONTRIBUTION.] "Contribution" means a transfer 
  1.29  of funds or a donation in kind. 
  1.30     "Contribution" includes any loan or advance of credit to a 
  1.31  political committee, political fund, or principal campaign 
  1.32  committee, which loan or advance of credit is (a) forgiven, or 
  1.33  (b) paid by an individual or an association other than the 
  1.34  political committee, political fund, or principal campaign 
  1.35  committee to which the loan or advance of credit is made.  If an 
  2.1   advance of credit or a loan is forgiven or paid as provided in 
  2.2   this subdivision, it is a contribution in the year in which the 
  2.3   loan or advance of credit is made. 
  2.4      A contribution made for the purpose of defeating a 
  2.5   candidate is considered made for the purpose of influencing the 
  2.6   nomination or election of that candidate or any opponent of that 
  2.7   candidate. 
  2.8      "Contribution" does not include services provided without 
  2.9   compensation by an individual volunteering personal time on 
  2.10  behalf of a candidate, ballot question, political committee, or 
  2.11  political fund~~, or~~. 
  2.12     "Contribution" does not include the uncompensated use by a 
  2.13  candidate or an individual volunteering personal time on behalf 
  2.14  of a candidate, ballot question, political committee, or 
  2.15  political fund, of the candidate or volunteer's own personal 
  2.16  property or private residence. 
  2.17     "Contribution" does not include the publishing or 
  2.18  broadcasting of news items or editorial comments by the news 
  2.19  media. 
  2.20     Sec. 2.  Minnesota Statutes 1998, section 10A.01, 
  2.21  subdivision 18, is amended to read: 
  2.22     Subd. 18.  [PUBLIC OFFICIAL.] "Public official" means any: 
  2.23     (a) member of the legislature; 
  2.24     (b) constitutional officer in the executive branch and the 
  2.25  officer's chief administrative deputy; 
  2.26     (c) member, chief administrative officer or deputy chief 
  2.27  administrative officer of a state board or commission which has 
  2.28  at least one of the following powers:  (i) the power to adopt, 
  2.29  amend or repeal rules, or (ii) the power to adjudicate contested 
  2.30  cases or appeals; 
  2.31     (d) commissioner, deputy commissioner, or assistant 
  2.32  commissioner of any state department as designated pursuant to 
  2.33  section 15.01; 
  2.34     (e) individual employed in the executive branch who is 
  2.35  authorized to adopt, amend or repeal rules or adjudicate 
  2.36  contested cases; 
  3.1      (f) executive director of the state board of investment; 
  3.2      (g) executive director of the Indian affairs intertribal 
  3.3   board; 
  3.4      (h) commissioner of the iron range resources and 
  3.5   rehabilitation board; 
  3.6      (i) commissioner of mediation services; 
  3.7      (j) deputy of any official listed in clauses (e) to (i); 
  3.8      (k) judge of the workers' compensation court of appeals; 
  3.9      (l) administrative law judge or compensation judge in the 
  3.10  state office of administrative hearings or referee in the 
  3.11  department of economic security; 
  3.12     (m) solicitor general or deputy, assistant or special 
  3.13  assistant attorney general; 
  3.14     (n) individual employed by the legislature as secretary of 
  3.15  the senate, legislative auditor, chief clerk of the house, 
  3.16  revisor of statutes, or researcher, legislative analyst, or 
  3.17  attorney in the office of senate counsel and research or house 
  3.18  research; 
  3.19     (o) member, regional administrator, division director, 
  3.20  general counsel, or operations manager of the metropolitan 
  3.21  council; 
  3.22     (p) the director of the racing commission, the director of 
  3.23  the gambling control board, the director of the state lottery, 
  3.24  and the deputy director of the state lottery; 
  3.25     (q) director of the division of alcohol and gambling 
  3.26  enforcement in the department of public safety; 
  3.27     (r) member or executive director of the higher education 
  3.28  facilities authority; 
  3.29     (s) member of the board of directors or president of the 
  3.30  Minnesota world trade center corporation or Minnesota 
  3.31  Technology, Inc.; 
  3.32     (t) member of the board of directors or executive director 
  3.33  of the Minnesota state high school league; or 
  3.34     ~~(t)~~ (u) member or chief administrator of a metropolitan 
  3.35  agency. 
  3.36     Sec. 3.  Minnesota Statutes 1998, section 10A.02, 
  4.1   subdivision 12, is amended to read: 
  4.2      Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  4.3   publish advisory opinions on the requirements of this chapter 
  4.4   based upon real or hypothetical situations.  An application for 
  4.5   an advisory opinion may be made only by an individual or 
  4.6   association who wishes to use the opinion to guide the 
  4.7   individual's or the association's own conduct.  The board shall 
  4.8   issue written opinions on all such questions submitted to it 
  4.9   within 30 days after receipt of written application, unless a 
  4.10  majority of the board agrees to extend the time limit.  
  4.11     (b) A written advisory opinion issued by the board is 
  4.12  binding on the board in any subsequent board proceeding 
  4.13  concerning the person making or covered by the request and is a 
  4.14  defense in a judicial proceeding that involves the subject 
  4.15  matter of the opinion and is brought against the person making 
  4.16  or covered by the request unless: 
  4.17     (1) the board has amended or revoked the opinion before the 
  4.18  initiation of the board or judicial proceeding, has notified the 
  4.19  person making or covered by the request of its action, and has 
  4.20  allowed at least 30 days for the person to do anything that 
  4.21  might be necessary to comply with the amended or revoked 
  4.22  opinion; 
  4.23     (2) the request has omitted or misstated material facts; or 
  4.24     (3) the person making or covered by the request has not 
  4.25  acted in good faith in reliance on the opinion. 
  4.26     ~~(c) A request for an opinion and the opinion itself are~~ 
  4.27  ~~nonpublic data.  The board, however, may publish an opinion or a~~ 
  4.28  ~~summary of an opinion, but may not include in the publication~~ 
  4.29  ~~the name of the requester, the name of a person covered by a~~ 
  4.30  ~~request from an agency or political subdivision, or any other~~ 
  4.31  ~~information that might identify the requester unless the person~~ 
  4.32  ~~consents to the inclusion.~~ 
  4.33     Sec. 4.  Minnesota Statutes 1998, section 10A.03, 
  4.34  subdivision 3, is amended to read: 
  4.35     Subd. 3.  [NOTICE; LATE FILING.] The board shall notify by 
  4.36  certified mail ~~or personal service~~ any lobbyist who fails to 
  5.1   file a registration form within five days after becoming a 
  5.2   lobbyist.  If a lobbyist fails to file a form within ~~seven~~ ten 
  5.3   days after ~~receiving this~~ the notice was mailed, the board may 
  5.4   impose a late filing fee at $5 per day, not to exceed $100, 
  5.5   commencing with the ~~eighth~~ 11th day after ~~receiving~~ the notice 
  5.6   was mailed.  ~~The board shall further notify by certified mail or~~ 
  5.7   ~~personal service any lobbyist who fails to file a form within 21~~ 
  5.8   ~~days of receiving a first notice that the lobbyist may be~~ 
  5.9   ~~subject to a criminal penalty for failure to file the form.  A~~ 
  5.10  ~~lobbyist who knowingly fails to file a form within seven days~~ 
  5.11  ~~after receiving a second notice from the board is guilty of a~~ 
  5.12  ~~misdemeanor.~~ 
  5.13     Sec. 5.  Minnesota Statutes 1998, section 10A.04, 
  5.14  subdivision 5, is amended to read: 
  5.15     Subd. 5.  [LATE FILING.] The board shall notify by 
  5.16  certified mail ~~or personal service~~ any lobbyist or principal who 
  5.17  fails after seven days after a filing date imposed by this 
  5.18  section to file a report or statement required by this section.  
  5.19  If a lobbyist or principal fails to file a report within ~~seven~~ 
  5.20  ten days after ~~receiving this~~ the notice was mailed, the board 
  5.21  may impose a late filing fee of $5 per day, not to exceed $100, 
  5.22  commencing with the ~~eighth~~ 11th day after ~~receiving~~ the notice 
  5.23  was mailed.  ~~The board shall further notify by certified mail or~~ 
  5.24  ~~personal service any lobbyist who fails to file a report within~~ 
  5.25  ~~21 days after receiving a first notice that the lobbyist may be~~ 
  5.26  ~~subject to a criminal penalty for failure to file the report.  A~~ 
  5.27  ~~lobbyist who knowingly fails to file such a report or statement~~ 
  5.28  ~~within seven days after receiving a second notice from the board~~ 
  5.29  ~~is guilty of a misdemeanor.~~ 
  5.30     Sec. 6.  Minnesota Statutes 1998, section 10A.04, 
  5.31  subdivision 7, is amended to read: 
  5.32     Subd. 7.  [FINANCIAL RECORDS.] The board may randomly audit 
  5.33  the financial records of lobbyists and principals required to 
  5.34  report under this section.  Lobbyists and principals shall 
  5.35  retain for four years after the report was filed all records 
  5.36  concerning the matters reported under this chapter, including 
  6.1   vouchers, canceled checks, bills, invoices, worksheets, and 
  6.2   receipts. 
  6.3      Sec. 7.  Minnesota Statutes 1998, section 10A.065, 
  6.4   subdivision 1, is amended to read: 
  6.5      Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
  6.6   LEGISLATIVE SESSION.] A candidate for the legislature or for 
  6.7   constitutional office, a candidate's principal campaign 
  6.8   committee, any other political committee with the candidate's 
  6.9   name or title, any committee authorized by the candidate, or a 
  6.10  political committee established by all or a part of the party 
  6.11  organization within a house of the legislature, shall not 
  6.12  solicit or accept a contribution on behalf of a candidate's 
  6.13  principal campaign committee, any other political committee with 
  6.14  the candidate's name or title, any committee authorized by the 
  6.15  candidate, or a political committee established by all or a part 
  6.16  of the party organization within a house of the legislature, 
  6.17  from a registered lobbyist, political committee, or political 
  6.18  fund during a regular session of the legislature.  The lobbyist, 
  6.19  political committee, or political fund shall not make the 
  6.20  contribution.  However, the party organization within a house of 
  6.21  the legislature may receive a member's dues during a regular 
  6.22  session of the legislature, even if the dues are paid from the 
  6.23  assets of the member's principal campaign committee. 
  6.24     Sec. 8.  Minnesota Statutes 1998, section 10A.065, 
  6.25  subdivision 3, is amended to read: 
  6.26     Subd. 3.  [CIVIL PENALTY.] A candidate ~~or~~, political 
  6.27  committee, political fund, or lobbyist that violates this 
  6.28  section is subject to a civil fine of up to $500.  If the board 
  6.29  makes a public finding that there is probable cause to believe a 
  6.30  violation of this section has occurred, the board shall bring an 
  6.31  action, or transmit the finding to a county attorney who shall 
  6.32  bring an action, in the district court of Ramsey county, to 
  6.33  impose a civil fine as prescribed by the board.  Fines paid 
  6.34  under this section must be deposited in the general fund in the 
  6.35  state treasury. 
  6.36     Sec. 9.  Minnesota Statutes 1998, section 10A.065, is 
  7.1   amended by adding a subdivision to read: 
  7.2      Subd. 6.  [FEDERAL OFFICES.] This section does not prohibit 
  7.3   a candidate from soliciting or accepting a contribution to a 
  7.4   campaign for a federal office. 
  7.5      Sec. 10.  Minnesota Statutes 1998, section 10A.071, is 
  7.6   amended to read: 
  7.7      10A.071 [CERTAIN GIFTS BY LOBBYISTS AND PRINCIPALS 
  7.8   PROHIBITED.] 
  7.9      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  7.10  subdivision apply to this section. 
  7.11     (b) "Family" means all the members of a household living 
  7.12  under one roof.  It also means the spouse or former spouse of an 
  7.13  individual and the individual's siblings and lineal ascendants 
  7.14  and descendants, by marriage, birth, or adoption. 
  7.15     (c) "Gift" means money, real or personal property, a 
  7.16  service, a loan, or a forbearance or forgiveness of 
  7.17  indebtedness~~, or a promise of future employment,~~ that is given 
  7.18  and received without the giver receiving consideration of equal 
  7.19  or greater value in return. 
  7.20     ~~(c)~~ (d) "Official" means a public official~~,~~ or an employee 
  7.21  of the legislature~~, or a local official of a metropolitan~~ 
  7.22  ~~governmental unit~~. 
  7.23     Subd. 2.  [PROHIBITION.] A lobbyist or principal may not 
  7.24  give a gift or request another to give a gift to an official. An 
  7.25  official may not accept a gift from a lobbyist or principal.  An 
  7.26  individual is subject to the requirements of this section by 
  7.27  virtue of being an officer, employee, or member of an 
  7.28  association that is a principal only when acting as an agent or 
  7.29  on behalf of the association. 
  7.30     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  7.31  section do not apply if the gift is: 
  7.32     (1) a contribution as defined in section 10A.01, 
  7.33  subdivision 7, or 211A.01, subdivision 5, or as defined by 
  7.34  federal law for contributions to candidates for federal offices; 
  7.35     (2) services to assist ~~an~~ the official in the performance 
  7.36  of official duties, including but not limited to providing 
  8.1   advice, consultation, information, and communication in 
  8.2   connection with legislation, and services to constituents; 
  8.3      (3) services of insignificant monetary value; 
  8.4      (4) a plaque or similar memento recognizing individual 
  8.5   services in a field of specialty or to a charitable cause; 
  8.6      (5) a trinket or memento of insignificant value; 
  8.7      (6) informational material of ~~unexceptional~~ insignificant 
  8.8   value or that will assist the official in the performance of 
  8.9   official duties; ~~or~~ 
  8.10     (7) a cup of coffee or other refreshments not to exceed $5 
  8.11  in value given by a host as part of ordinary office hospitality 
  8.12  or at a meeting away from the offices of the governmental entity 
  8.13  in which the recipient official holds office; 
  8.14     (8) food or a beverage given at a ~~reception, meal, or~~ 
  8.15  meeting away from the ~~recipient's place of work~~ offices of the 
  8.16  governmental entity in which the recipient official holds office 
  8.17  by an organization before whom the recipient appears to make a 
  8.18  speech or answer questions as part of a program, and reasonable 
  8.19  travel and lodging expenses actually incurred and necessary to 
  8.20  participate in the program; or 
  8.21     (9) food or a beverage not to exceed $40 in value given by 
  8.22  a host at a family event such as a wedding or graduation. 
  8.23     (b) The prohibitions in this section do not apply if the 
  8.24  gift is given: 
  8.25     (1) because of the recipient's membership in a group, a 
  8.26  majority of whose members are not officials, and an equivalent 
  8.27  gift is given or offered to the other members of the group; ~~or~~ 
  8.28     (2) by a national or multistate organization of 
  8.29  governmental organizations or public officials, if a majority of 
  8.30  the dues to the organization are paid from public funds, to a 
  8.31  participant in a conference, seminar, meeting, or trip sponsored 
  8.32  by that organization, if an equivalent gift is given or offered 
  8.33  to all other participants, even if the gift to the official was 
  8.34  made possible by a gift to the organization by a lobbyist or 
  8.35  principal; 
  8.36     (3) to an official attending the national convention of a 
  9.1   major political party or the inauguration of the president of 
  9.2   the United States; 
  9.3      (4) to a statewide organization of governmental units to 
  9.4   underwrite the general operating costs of the organization or a 
  9.5   conference or seminar sponsored by the organization; 
  9.6      (5) by a lobbyist or principal who is a member of the 
  9.7   family of the recipient, unless the gift is given on behalf of 
  9.8   someone who is not a member of that family~~.~~; 
  9.9      (6) by a lobbyist or principal as a contribution of a prize 
  9.10  or money to purchase a prize for an event that is designed to 
  9.11  benefit an organization that qualifies under section 501(c)(3) 
  9.12  of the Internal Revenue Code of 1986; or 
  9.13     (7) to an official who acts only as the agent for the giver 
  9.14  in making a gift to a foreign dignitary. 
  9.15     (c) If an employer makes a gift in the normal course of 
  9.16  employment to an employee, and an official benefits from the 
  9.17  gift as a member of the employee's family, the prohibitions in 
  9.18  this section do not apply. 
  9.19     Subd. 4.  [RETURN OF GIFT.] An official who accepts a gift 
  9.20  in a good faith belief that it is lawful and returns it or gives 
  9.21  consideration of equal or greater value for it promptly upon 
  9.22  learning that it was not lawful is not subject to a penalty for 
  9.23  violating this section. 
  9.24     Sec. 11.  Minnesota Statutes 1998, section 10A.08, is 
  9.25  amended to read: 
  9.26     10A.08 [REPRESENTATION DISCLOSURE.] 
  9.27     Any public official who represents a client for a fee 
  9.28  before any individual, board, commission or agency that has rule 
  9.29  making authority in a hearing conducted under chapter 14, shall 
  9.30  disclose the official's participation in the action to the board 
  9.31  within 14 days after the appearance.  The board shall notify by 
  9.32  certified mail ~~or personal service~~ any public official who fails 
  9.33  to disclose the participation within 14 days after the 
  9.34  appearance.  If the public official fails to disclose the 
  9.35  participation within ~~seven~~ ten days ~~of~~ after this notice was 
  9.36  mailed, the board may impose a late filing fee of $5 per day, 
 10.1   not to exceed $100, commencing on the ~~eighth~~ 11th day after 
 10.2   ~~receiving~~ the notice was mailed. 
 10.3      Sec. 12.  Minnesota Statutes 1998, section 10A.09, 
 10.4   subdivision 7, is amended to read: 
 10.5      Subd. 7.  [LATE FILING.] The board shall notify by 
 10.6   certified mail ~~or personal service~~ any individual who fails 
 10.7   within the prescribed time to file a statement of economic 
 10.8   interest required by this section.  If an individual fails to 
 10.9   file a statement within ~~seven~~ ten days after ~~receiving this~~ the 
 10.10  notice was mailed, the board may impose a late filing fee of $5 
 10.11  per day, not to exceed $100, commencing on the ~~eighth~~ 11th day 
 10.12  after ~~receiving~~ the notice was mailed.  ~~The board shall further~~ 
 10.13  ~~notify by certified mail or personal service any individual who~~ 
 10.14  ~~fails to file a statement within 21 days after receiving a first~~ 
 10.15  ~~notice that the individual may be subject to a criminal penalty~~ 
 10.16  ~~for failure to file a statement.  An individual who fails to~~ 
 10.17  ~~file a statement within seven days after a second notice is~~ 
 10.18  ~~guilty of a misdemeanor.~~ 
 10.19     Sec. 13.  Minnesota Statutes 1998, section 10A.14, 
 10.20  subdivision 4, is amended to read: 
 10.21     Subd. 4.  [NOTICE OF FAILURE TO FILE; PENALTY.] The board 
 10.22  shall notify by certified mail ~~or personal service~~ any 
 10.23  individual who fails to file a statement required by this 
 10.24  section.  If an individual fails to file a statement within 
 10.25  ~~seven~~ ten days after ~~receiving a~~ the notice was mailed, the 
 10.26  board may impose a late filing fee of $5 per day, not to exceed 
 10.27  $100, commencing with the ~~eighth~~ 11th day after ~~receiving~~ the 
 10.28  notice was mailed.  ~~The board shall further notify by certified~~ 
 10.29  ~~mail or personal service any individual who fails to file a~~ 
 10.30  ~~statement within 21 days after receiving a first notice that~~ 
 10.31  ~~such individual may be subject to a criminal penalty for failure~~ 
 10.32  ~~to file the report.  An individual who knowingly fails to file~~ 
 10.33  ~~the statement within seven days after receiving a second notice~~ 
 10.34  ~~from the board is guilty of a misdemeanor.~~ 
 10.35     Sec. 14.  Minnesota Statutes 1998, section 10A.15, 
 10.36  subdivision 3, is amended to read: 
 11.1      Subd. 3.  [DEPOSIT IN ACCOUNT.] All transfers received by 
 11.2   or on behalf of any candidate, political committee or political 
 11.3   fund shall be deposited in an account designated "Campaign Fund 
 11.4   of ..... (name of candidate, committee or fund)."  All transfers 
 11.5   shall be deposited ~~promptly upon~~ within 30 days after receipt 
 11.6   ~~and, except for transfers received during the last three days of~~ 
 11.7   ~~any reporting period as described in section 10A.20, shall be~~ 
 11.8   ~~deposited during the reporting period in which they were~~ 
 11.9   ~~received.  Any transfer received during the last three days of a~~ 
 11.10  ~~reporting period shall be deposited within 72 hours of receipt~~ 
 11.11  and shall be reported as received during the reporting period 
 11.12  whether or not deposited within that period.  Any deposited 
 11.13  transfer may be returned to the contributor within 60 days of 
 11.14  deposit.  A transfer deposited and not returned within 60 days 
 11.15  of that deposit shall be deemed for the purposes of this 
 11.16  chapter, to be accepted by the candidate, political committee or 
 11.17  political fund. 
 11.18     Sec. 15.  Minnesota Statutes 1998, section 10A.15, 
 11.19  subdivision 5, is amended to read: 
 11.20     Subd. 5.  [LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND 
 11.21  REGISTRATION NUMBER ON CHECKS.] A ~~contribution made to a~~ 
 11.22  ~~candidate by a~~ lobbyist, political committee, or political fund 
 11.23  that makes a contribution to a candidate must show on the 
 11.24  contribution the name of the lobbyist, political committee, or 
 11.25  political fund and the number under which it is registered with 
 11.26  the board.  A candidate may rely upon the presence or absence of 
 11.27  a registration number in determining whether the contribution is 
 11.28  from a lobbyist and is not subject to a civil penalty for the 
 11.29  failure of a contributor to comply with this subdivision.  The 
 11.30  contributor is subject to a civil penalty imposed by the board. 
 11.31     Sec. 16.  Minnesota Statutes 1998, section 10A.15, is 
 11.32  amended by adding a subdivision to read: 
 11.33     Subd. 6.  [CONTRIBUTION FROM A JOINT ACCOUNT.] A 
 11.34  contribution given by a check drawn on a joint account may be 
 11.35  considered to be a contribution by the owners of the joint 
 11.36  account in equal shares if the contributor notifies the 
 12.1   recipient that that is the contributor's intent. 
 12.2      Sec. 17.  Minnesota Statutes 1998, section 10A.20, 
 12.3   subdivision 2, is amended to read: 
 12.4      Subd. 2.  [TIME FOR FILING.] The reports shall be filed 
 12.5   with the board on or before January 31 of each year and 
 12.6   additional reports shall be filed as required and in accordance 
 12.7   with clauses (a) ~~and~~, (b), and (c).  
 12.8      (a) In each year in which the name of the candidate is on 
 12.9   the ballot, the report of the principal campaign committee shall 
 12.10  be filed 15 days before a primary and ten days before a general 
 12.11  election, seven days before a special primary and a special 
 12.12  election, and ten days after a special election cycle.  The 
 12.13  report due after a special election may be filed on January 31 
 12.14  following the special election if the special election is held 
 12.15  not more than 60 days before that date.  
 12.16     (b) In each general election year political committees and 
 12.17  political funds other than principal campaign committees shall 
 12.18  file reports ~~ten~~ 15 days before a primary and ten days before a 
 12.19  general election.  
 12.20     If a scheduled filing date falls on a Saturday, Sunday or 
 12.21  legal holiday, the filing date shall be the next regular 
 12.22  business day. 
 12.23     (c) A political committee or political fund that makes 
 12.24  independent expenditures related to a special election shall 
 12.25  file reports on the expenditures seven days before the special 
 12.26  primary and special election and ten days after the special 
 12.27  election cycle. 
 12.28     Sec. 18.  Minnesota Statutes 1998, section 10A.20, 
 12.29  subdivision 3, is amended to read: 
 12.30     Subd. 3.  [CONTENTS OF REPORT.] Each report under this 
 12.31  section shall disclose: 
 12.32     (a) The amount of liquid assets on hand at the beginning of 
 12.33  the reporting period; 
 12.34     (b) The name, address and employer, or occupation if 
 12.35  self-employed, of each individual, political committee or 
 12.36  political fund who within the year has made one or more 
 13.1   transfers or donations in kind to the political committee or 
 13.2   political fund, including the purchase of tickets for all fund 
 13.3   raising efforts, which in aggregate exceed $100 for legislative 
 13.4   or statewide candidates or ballot questions, together with the 
 13.5   amount and date of each transfer or donation in kind, and the 
 13.6   aggregate amount of transfers and donations in kind within the 
 13.7   year from each source so disclosed.  A donation in kind shall be 
 13.8   disclosed at its fair market value.  An approved expenditure is 
 13.9   listed as a donation in kind.  A donation in kind is considered 
 13.10  consumed in the reporting period in which it is received.  The 
 13.11  names of contributors shall be listed in alphabetical order; 
 13.12     (c) The sum of contributions to the political committee or 
 13.13  political fund during the reporting period; 
 13.14     (d) Each loan made or received by the political committee 
 13.15  or political fund within the year in aggregate in excess of 
 13.16  $100, continuously reported until repaid or forgiven, together 
 13.17  with the name, address, occupation and the principal place of 
 13.18  business, if any, of the lender and any endorser and the date 
 13.19  and amount of the loan.  If any loan made to the principal 
 13.20  campaign committee of a candidate is forgiven at any time or 
 13.21  repaid by any entity other than that principal campaign 
 13.22  committee, it shall be reported as a contribution for the year 
 13.23  in which the loan was made; 
 13.24     (e) Each receipt in excess of $100 not otherwise listed 
 13.25  under clauses (b) to (d); 
 13.26     (f) The sum of all receipts of the political committee or 
 13.27  political fund during the reporting period; 
 13.28     (g) The name and address of each individual or association 
 13.29  to whom aggregate expenditures, including approved expenditures, 
 13.30  have been made by or on behalf of the political committee or 
 13.31  political fund within the year in excess of $100, together with 
 13.32  the amount, date and purpose of each expenditure and the name 
 13.33  and address of, and office sought by, each candidate on whose 
 13.34  behalf the expenditure was made, identification of the ballot 
 13.35  question which the expenditure is intended to promote or defeat, 
 13.36  and in the case of independent expenditures made in support of 
 14.1   or opposition to a candidate, the name, address and office 
 14.2   sought for each such candidate; 
 14.3      (h) The sum of all expenditures made by or on behalf of the 
 14.4   political committee or political fund during the reporting 
 14.5   period; 
 14.6      (i) The amount and nature of any advance of credit incurred 
 14.7   by the political committee or political fund, continuously 
 14.8   reported until paid or forgiven.  If any advance of credit 
 14.9   incurred by the principal campaign committee of a candidate is 
 14.10  forgiven at any time by the creditor or paid by any entity other 
 14.11  than that principal campaign committee, it shall be reported as 
 14.12  a donation in kind for the year in which the advance of credit 
 14.13  was incurred; 
 14.14     (j) The name and address of each political committee, 
 14.15  political fund, or principal campaign committee to which 
 14.16  aggregate transfers in excess of $100 have been made within the 
 14.17  year, together with the amount and date of each transfer; 
 14.18     (k) The sum of all transfers made by the political 
 14.19  committee, political fund, or principal campaign committee 
 14.20  during the reporting period; 
 14.21     (l) Except for contributions to a candidate or committee 
 14.22  for a candidate for office in a municipality as defined in 
 14.23  section 471.345, subdivision 1, the name and address of each 
 14.24  individual or association to whom aggregate noncampaign 
 14.25  disbursements in excess of $100 have been made within the year 
 14.26  by or on behalf of a principal campaign committee, political 
 14.27  committee, or political fund, together with the amount, date, 
 14.28  and purpose of each noncampaign disbursement; 
 14.29     (m) The sum of all noncampaign disbursements made within 
 14.30  the year by or on behalf of a principal campaign committee, 
 14.31  political committee, or political fund; 
 14.32     (n) The name and address of a nonprofit corporation that 
 14.33  provides administrative assistance to a political committee or 
 14.34  political fund as authorized by section 211B.15, subdivision 17, 
 14.35  together with the type of administrative assistance provided and 
 14.36  the aggregate fair market value of each type of assistance 
 15.1   provided to the political committee or political fund during the 
 15.2   reporting period; and 
 15.3      (o) A report filed under subdivision 2, clause (b), by a 
 15.4   political committee or political fund that is subject to 
 15.5   subdivision 14, must contain the information required by 
 15.6   subdivision 14, if the political committee or political fund has 
 15.7   solicited and caused others to make aggregate contributions 
 15.8   greater than $5,000 between January 1 of the general election 
 15.9   year and the end of the reporting period.  This disclosure 
 15.10  requirement is in addition to the report required by subdivision 
 15.11  14. 
 15.12     Sec. 19.  Minnesota Statutes 1998, section 10A.20, 
 15.13  subdivision 5, is amended to read: 
 15.14     Subd. 5.  [PREELECTION REPORTS.] In any statewide election 
 15.15  any loan, contribution, or contributions from any one source 
 15.16  totaling $2,000 or more, or in any legislative election totaling 
 15.17  more than $400, received between the last day covered in the 
 15.18  last report prior to an election and the election shall be 
 15.19  reported to the board in one of the following ways: 
 15.20     (1) in person within 48 hours after its receipt; 
 15.21     (2) by telegram or mailgram within 48 hours after its 
 15.22  receipt; ~~or~~ 
 15.23     (3) by ~~certified~~ first class mail sent within 48 hours 
 15.24  after its receipt; 
 15.25     (4) by facsimile transmission received by the board within 
 15.26  48 hours after the contribution was received; or 
 15.27     (5) by any other method of electronic transmission approved 
 15.28  by the board and received by the board within 48 hours after the 
 15.29  contribution was received. 
 15.30     These loans and contributions must also be reported in the 
 15.31  next required report. 
 15.32     The 48-hour notice requirement does not apply with respect 
 15.33  to a primary if the statewide or legislative candidate is 
 15.34  unopposed in that primary. 
 15.35     Sec. 20.  Minnesota Statutes 1998, section 10A.20, 
 15.36  subdivision 6b, is amended to read: 
 16.1      Subd. 6b.  [INDEPENDENT EXPENDITURES; NOTICE.] (a) The 
 16.2   notice in this subdivision applies only to expenditures made in 
 16.3   a general election year after the deadline for the report due 15 
 16.4   days before the primary election and made before the general 
 16.5   election. 
 16.6      (b) Within ~~24~~ 48 hours after an individual, political 
 16.7   committee, or political fund makes ~~or becomes obligated by oral~~ 
 16.8   ~~or written agreement to make~~ an independent expenditure in 
 16.9   support of a candidate in excess of ~~$100, other than an~~ 
 16.10  ~~expenditure by an association targeted to inform solely its own~~ 
 16.11  ~~dues-paying members of the association's position on a candidate~~ 
 16.12  the amount that may be contributed to the candidate, or in 
 16.13  opposition to a candidate in excess of the amount that may be 
 16.14  contributed to the candidate's opponent, the individual, 
 16.15  political committee, or political fund shall file with the board 
 16.16  ~~an affidavit notifying the board~~ a notice of ~~the intent to make~~ 
 16.17  the independent expenditure and serve a copy of the ~~affidavit~~ 
 16.18  notice on each candidate in the affected race and on the 
 16.19  treasurer of the candidate's principal campaign committee.  
 16.20  The ~~affidavit~~ notice must contain the information with respect 
 16.21  to the expenditure that is required to be reported under 
 16.22  subdivision 3, paragraph ~~(g); except that if an expenditure is~~ 
 16.23  ~~reported before it is made, the notice must include a reasonable~~ 
 16.24  ~~estimate of the anticipated amount~~ (h).  Each new expenditure 
 16.25  requires a new notice. 
 16.26     ~~(b)~~ (c) A notice is not required for an expenditure by an 
 16.27  association targeted to inform solely its own members of the 
 16.28  association's position on a candidate. 
 16.29     (d) An individual or the treasurer of a political committee 
 16.30  or political fund who fails to give notice as required by this 
 16.31  subdivision, or who files a false ~~affidavit of~~ notice, is guilty 
 16.32  of a gross misdemeanor and is subject to a civil fine of up to 
 16.33  four times the amount of the independent expenditure stated in 
 16.34  the notice or of which notice was required, whichever is greater.
 16.35     Sec. 21.  Minnesota Statutes 1998, section 10A.20, 
 16.36  subdivision 12, is amended to read: 
 17.1      Subd. 12.  [FAILURE TO FILE; PENALTY.] The board shall 
 17.2   notify by certified mail ~~or personal service~~ any individual who 
 17.3   fails to file a statement required by this section.  If an 
 17.4   individual fails to file a statement due January 31 within ~~seven~~ 
 17.5   ten days after ~~receiving~~ a notice was mailed, the board may 
 17.6   impose a late filing fee of $5 per day, not to exceed $100, 
 17.7   commencing on the ~~eighth~~ 11th day after ~~receiving~~ the notice 
 17.8   was mailed.  If an individual fails to file a statement due 
 17.9   before any primary or election within three days of the date 
 17.10  due, regardless of whether the individual has received any 
 17.11  notice, the board may impose a late filing fee of $50 per day, 
 17.12  not to exceed $500, commencing on the fourth day after the date 
 17.13  the statement was due.  ~~The board shall further notify by~~ 
 17.14  ~~certified mail or personal service any individual who fails to~~ 
 17.15  ~~file any statement within 14 days after receiving a first notice~~ 
 17.16  ~~from the board that the individual may be subject to a criminal~~ 
 17.17  ~~penalty for failure to file a statement.  An individual who~~ 
 17.18  ~~knowingly fails to file the statement within seven days after~~ 
 17.19  ~~receiving a second notice from the board is guilty of a~~ 
 17.20  ~~misdemeanor.~~  The late filing fee may be paid out of the assets 
 17.21  of the political committee or fund. 
 17.22     Sec. 22.  Minnesota Statutes 1998, section 10A.20, is 
 17.23  amended by adding a subdivision to read: 
 17.24     Subd. 15.  [EQUITABLE RELIEF.] A candidate whose opponent 
 17.25  does not timely file the report due ten days before the general 
 17.26  election may petition the district court for immediate equitable 
 17.27  relief to enforce the filing requirement. 
 17.28     Sec. 23.  Minnesota Statutes 1998, section 10A.23, is 
 17.29  amended to read: 
 17.30     10A.23 [CHANGES AND CORRECTIONS.] 
 17.31     Subdivision 1.  [REPORT.] Any material changes in 
 17.32  information previously submitted and any corrections to a report 
 17.33  or statement shall be reported in writing to the board within 
 17.34  ten days following the date of the event prompting the change or 
 17.35  the date upon which the person filing became aware of the 
 17.36  inaccuracy.  The change or correction shall identify the form 
 18.1   and the paragraph containing the information to be changed or 
 18.2   corrected.  If the board determines that a report or statement 
 18.3   is inaccurate or incomplete, the board shall notify by certified 
 18.4   mail the person who filed the report or statement of the need to 
 18.5   correct it. 
 18.6      Subd. 2.  [PENALTY.] If the person fails to file a 
 18.7   corrected report or statement within ten days after:  (1) the 
 18.8   event prompting the change; (2) the date upon which the person 
 18.9   filing became aware of the inaccuracy; or (3) the date the 
 18.10  notice was mailed, the board may impose a late filing fee at the 
 18.11  rate of $5 a day, not to exceed $100, commencing with the 11th 
 18.12  day. 
 18.13     Any person who willfully fails to report a material change 
 18.14  or correction is guilty of a gross misdemeanor. 
 18.15     Sec. 24.  Minnesota Statutes 1998, section 10A.25, 
 18.16  subdivision 2, is amended to read: 
 18.17     Subd. 2.  [MAXIMUM EXPENDITURES.] (a) In a year in which an 
 18.18  election is held for an office sought by a candidate, no 
 18.19  expenditures shall be made by the principal campaign committee 
 18.20  of that candidate, nor any approved expenditures made on behalf 
 18.21  of that candidate which expenditures and approved expenditures 
 18.22  result in an aggregate amount in excess of the following: 
 18.23     (1) for governor and lieutenant governor, running together, 
 18.24  $1,626,691; 
 18.25     (2) for attorney general, ~~$271,116~~ $338,895; 
 18.26     (3) for secretary of state, state treasurer, and state 
 18.27  auditor, separately, ~~$135,559~~ $169,449; 
 18.28     (4) for state senator, $40,669; 
 18.29     (5) for state representative, $20,335. 
 18.30     (b) If a special election cycle occurs during a general 
 18.31  election cycle, expenditures by or on behalf of a candidate in 
 18.32  the special election do not count as expenditures by or on 
 18.33  behalf of the candidate in the general election. 
 18.34     (c) The expenditure limits in this subdivision for an 
 18.35  office are increased by ten percent for a candidate who is 
 18.36  running for that office for the first time and who has not run 
 19.1   previously for any other office whose territory now includes a 
 19.2   population that is more than one-third of the population in the 
 19.3   territory of the new office. 
 19.4      Sec. 25.  Minnesota Statutes 1998, section 10A.25, 
 19.5   subdivision 10, is amended to read: 
 19.6      Subd. 10.  [EFFECT OF OPPONENT'S CONDUCT.] (a) After August 
 19.7   1 in an election year for the office, a candidate who has agreed 
 19.8   to be bound by the expenditure limits imposed by this section as 
 19.9   a condition of receiving a public subsidy for the candidate's 
 19.10  campaign ~~is~~ may choose to be released from the expenditure 
 19.11  limits but ~~remains~~ remain eligible to receive a public subsidy 
 19.12  if the candidate has an opponent who ~~does~~ has not ~~agree~~ agreed 
 19.13  to be bound by the limits and ~~receives~~ has received 
 19.14  contributions or ~~makes~~ made or ~~becomes~~ become obligated to make 
 19.15  expenditures during that election cycle in excess of the 
 19.16  following limits: 
 19.17     (1) up to ~~ten~~ 15 days before the primary election, receipts 
 19.18  or expenditures equal to 20 percent of the expenditure limit for 
 19.19  that office as set forth in subdivision 2; or 
 19.20     (2) after ~~ten~~ 15 days before the primary election, 
 19.21  cumulative receipts or expenditures during that election cycle 
 19.22  equal to 50 percent of the expenditure limit for that office as 
 19.23  set forth in subdivision 2.  
 19.24     Before the primary election, a candidate's "opponents" are 
 19.25  only those who will appear on the ballot of the same party in 
 19.26  the primary election. 
 19.27     (b) A candidate who has not agreed to be bound by 
 19.28  expenditure limits, or the candidate's principal campaign 
 19.29  committee, shall file written notice with the board and provide 
 19.30  written notice to any opponent of the candidate for the same 
 19.31  office within 24 hours of exceeding the limits in paragraph (a)~~,~~ 
 19.32  ~~clause (2)~~.  The notice must state only that the candidate or 
 19.33  candidate's principal campaign committee has received 
 19.34  contributions or made or become obligated to make campaign 
 19.35  expenditures in excess of the limits in paragraph (a)~~, clause~~ 
 19.36  ~~(2)~~.  
 20.1      (c) Upon receipt of the notice ~~the~~, a candidate who has 
 20.2   agreed to be bound by the limits ~~is~~ may file with the board a 
 20.3   notice that the candidate chooses to be no longer bound by the 
 20.4   expenditure limits.  A notice of a candidate's choice not to be 
 20.5   bound by the expenditure limits that is based on the conduct of 
 20.6   an opponent in the state primary election may not be filed more 
 20.7   than one day after the state canvassing board has declared the 
 20.8   results of the state primary. 
 20.9      (d) A candidate who has agreed to be bound by the 
 20.10  expenditure limits imposed by this section and whose opponent in 
 20.11  the general election has chosen, as provided in paragraph (c), 
 20.12  not to be bound by the expenditure limits because of the conduct 
 20.13  of an opponent in the primary election is no longer bound by the 
 20.14  limits but remains eligible to receive a public subsidy. 
 20.15     Sec. 26.  Minnesota Statutes 1998, section 10A.29, is 
 20.16  amended to read: 
 20.17     10A.29 [CIRCUMVENTION PROHIBITED.] 
 20.18     Any attempt by an individual or association to circumvent 
 20.19  the provisions of this chapter by redirecting funds or giving a 
 20.20  gift through, or contributing funds or giving a gift on behalf 
 20.21  of, another individual or association is a gross misdemeanor. 
 20.22     Sec. 27.  Minnesota Statutes 1998, section 10A.31, 
 20.23  subdivision 7, is amended to read: 
 20.24     Subd. 7.  [DISTRIBUTION OF GENERAL ACCOUNT.] (a) Within two 
 20.25  weeks after certification by the state canvassing board of the 
 20.26  results of the general election, the board shall distribute the 
 20.27  available funds in the general account, as certified by the 
 20.28  commissioner of revenue on November 1 and according to 
 20.29  allocations set forth in subdivision 5, in equal amounts to all 
 20.30  candidates for each statewide office who received at least five 
 20.31  percent of the votes cast in the general election for that 
 20.32  office, and to all candidates for legislative office who 
 20.33  received at least ten percent of the votes cast in the general 
 20.34  election for the specific office for which they were candidates, 
 20.35  provided that the public subsidy under this subdivision may not 
 20.36  be paid in an amount that would cause the sum of the public 
 21.1   subsidy paid from the party account plus the public subsidy paid 
 21.2   from the general account and the public subsidy paid to match 
 21.3   independent expenditures to exceed 50 percent of the expenditure 
 21.4   limit for the candidate.  If a candidate is entitled to receive 
 21.5   an opponent's share of the general account public subsidy under 
 21.6   section 10A.25, subdivision 10, the opponent's share must be 
 21.7   excluded in calculating the 50 percent limit.  Money from the 
 21.8   general account not paid to a candidate because of the 50 
 21.9   percent limit must be distributed equally among all other 
 21.10  qualifying candidates for the same office until all have reached 
 21.11  the 50 percent limit or the balance in the general account is 
 21.12  exhausted.  The board shall not use the information contained in 
 21.13  the report of the principal campaign committee of any candidate 
 21.14  due ten days before the general election for the purpose of 
 21.15  reducing the amount due that candidate from the general account. 
 21.16     (b) If a candidate has not yet filed a campaign finance 
 21.17  report required by section 10A.20, subdivision 2, or the 
 21.18  candidate owes money to the board, the board shall not pay a 
 21.19  public subsidy to the candidate until the report has been filed 
 21.20  or the debt has been paid, whichever applies. 
 21.21     Sec. 28.  Minnesota Statutes 1998, section 10A.31, 
 21.22  subdivision 10, is amended to read: 
 21.23     Subd. 10.  [DISTRIBUTION.] In the event that on the date of 
 21.24  either certification by the commissioner of revenue as provided 
 21.25  in subdivisions 6 and 7, less than 98 percent of the tax returns 
 21.26  have been processed, the commissioner of revenue shall certify 
 21.27  to the board by December 1 the amount accumulated in each 
 21.28  account since the previous certification.  By December 15, the 
 21.29  board shall distribute to each candidate according to the 
 21.30  allocations as provided in subdivision 5 the amounts to which 
 21.31  the candidates are entitled in the form of checks made "payable 
 21.32  to the campaign fund of ......(name of candidate)......."  A 
 21.33  check may include as an additional payee a financial institution 
 21.34  named by the candidate in a notice filed with the board at least 
 21.35  ten days before the payment was due to be made.  Any money 
 21.36  accumulated after the final certification shall be maintained in 
 22.1   the respective accounts for distribution in the next general 
 22.2   election year. 
 22.3      Sec. 29.  Minnesota Statutes 1998, section 10A.315, is 
 22.4   amended to read: 
 22.5      10A.315 [SPECIAL ELECTION SUBSIDY.] 
 22.6      (a) Each eligible candidate for a legislative office in a 
 22.7   special election must be paid a public subsidy equal to the sum 
 22.8   of: 
 22.9      (1) the party account money at the last general election 
 22.10  for the candidate's party for the office the candidate is 
 22.11  seeking; and 
 22.12     (2) the general account money paid to candidates for the 
 22.13  same office at the last general election.  
 22.14     (b) If the filing period for the special election coincides 
 22.15  with the filing period for the general election, the candidate 
 22.16  must meet the matching requirements of section 10A.323 and the 
 22.17  special election subsidy must be distributed in the same manner 
 22.18  as money is distributed to legislative candidates in a general 
 22.19  election. 
 22.20     (c) If the filing period for the special election does not 
 22.21  coincide with the filing period for the general election, the 
 22.22  procedures in this paragraph apply.  A candidate who wishes to 
 22.23  receive this public subsidy must submit a signed agreement under 
 22.24  section 10A.322 to the board not later than the day after the 
 22.25  candidate files the affidavit of candidacy or nominating 
 22.26  petition for the office.  The candidate must meet the matching 
 22.27  requirements of section 10A.323, except that the candidate may 
 22.28  count contributions received during the two months immediately 
 22.29  preceding the special election, other than contributions the 
 22.30  candidate has previously included on an affidavit of match for 
 22.31  another election, and the amount of match required is 
 22.32  one-quarter of the amount stated in section 10A.323.  The 
 22.33  special election subsidy must be distributed in the same manner 
 22.34  as money in the party and general accounts is distributed to 
 22.35  legislative candidates in a general election. 
 22.36     (d) The amount necessary to make the payments required by 
 23.1   this subdivision is appropriated from the general fund to the 
 23.2   ~~state treasurer~~ board. 
 23.3      Sec. 30.  Minnesota Statutes 1998, section 10A.322, 
 23.4   subdivision 1, is amended to read: 
 23.5      Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 23.6   condition of receiving a public subsidy, a candidate shall sign 
 23.7   and file with the board a written agreement in which the 
 23.8   candidate agrees that the candidate will comply with sections 
 23.9   10A.25 and 10A.324. 
 23.10     (b) Before the first day of filing for office, the board 
 23.11  shall forward agreement forms to all filing officers.  The board 
 23.12  shall also provide agreement forms to candidates on request at 
 23.13  any time.  The candidate may sign an agreement and submit it to 
 23.14  the filing officer on the day of filing an affidavit of 
 23.15  candidacy or petition to appear on the ballot, in which case the 
 23.16  filing officer shall without delay forward signed agreements to 
 23.17  the board.  Alternatively, the candidate may submit the 
 23.18  agreement directly to the board at any time before ~~September~~ 
 23.19  August 1 preceding the general election.  An agreement may not 
 23.20  be filed after that date.  An agreement once filed may not be 
 23.21  rescinded. 
 23.22     (c) The board shall forward a copy of any agreement signed 
 23.23  under this subdivision to the commissioner of revenue.  
 23.24     (d) Notwithstanding any provisions of this section, when a 
 23.25  vacancy occurs that will be filled by means of a special 
 23.26  election and the filing period does not coincide with the filing 
 23.27  period for the general election, a candidate may sign and submit 
 23.28  a spending limit agreement at any time before the deadline for 
 23.29  submission of a signed agreement under section 10A.315. 
 23.30     (e) A candidate who fills a vacancy in nomination that 
 23.31  occurs after the deadline in paragraph (b) may file a spending 
 23.32  limit agreement no later than the day after the candidate fills 
 23.33  the vacancy. 
 23.34     Sec. 31.  Minnesota Statutes 1998, section 10A.322, 
 23.35  subdivision 4, is amended to read: 
 23.36     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
 24.1   make available to a political party as defined in section 
 24.2   290.06, subdivision 23, on request and to any candidate for whom 
 24.3   an agreement under this section is effective, a supply of 
 24.4   official refund receipt forms that state in boldface type that 
 24.5   (1) a contributor who is given a receipt form is eligible to 
 24.6   claim a refund as provided in section 290.06, subdivision 23, 
 24.7   and (2) if the contribution is to a candidate, that the 
 24.8   candidate has signed an agreement to limit campaign expenditures 
 24.9   as provided in this section.  The forms must provide duplicate 
 24.10  copies of the receipt to be attached to the contributor's 
 24.11  claim.  A candidate who does not sign an agreement under this 
 24.12  section and who willfully issues an official refund receipt form 
 24.13  or a facsimile of one to any of the candidate's contributors is 
 24.14  guilty of a misdemeanor.  A principal campaign committee or 
 24.15  party unit shall return to the board with its termination report 
 24.16  or destroy any official receipt forms that have not been issued. 
 24.17     Sec. 32.  Minnesota Statutes 1998, section 10A.324, 
 24.18  subdivision 1, is amended to read: 
 24.19     Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate shall 
 24.20  return all or a portion of the public subsidy received from the 
 24.21  state elections campaign fund or the public matching subsidy 
 24.22  received under section 10A.315, under the circumstances in this 
 24.23  section or section 10A.25, subdivision 11. 
 24.24     (a) To the extent that the amount of public subsidy 
 24.25  received by the candidate exceeds the expenditure limits for the 
 24.26  office held or sought, as provided in section 10A.25 and as 
 24.27  adjusted by section 10A.255, the treasurer of the candidate's 
 24.28  principal campaign committee shall return the excess to the 
 24.29  board. 
 24.30     (b) To the extent that the amount of public subsidy 
 24.31  received exceeds the aggregate of:  (1) actual expenditures made 
 24.32  by the principal campaign committee of the candidate; and (2) 
 24.33  approved expenditures made on behalf of the candidate, the 
 24.34  treasurer of the candidate's principal campaign committee shall 
 24.35  return an amount equal to the difference to the board. 
 24.36     (c) If the board determines that a candidate has filed an 
 25.1   affidavit of matching contributions under section 10A.323 that 
 25.2   is not supported by the campaign finance reports filed by the 
 25.3   candidate under section 10A.20, the board shall notify the 
 25.4   treasurer of the candidate's principal campaign committee, 
 25.5   withhold any public subsidy not yet paid to the candidate, and 
 25.6   demand return of any public subsidy paid to the candidate for 
 25.7   that election cycle.  The treasurer shall return the entire 
 25.8   public subsidy to the board. 
 25.9      Sec. 33.  Minnesota Statutes 1998, section 10A.34, is 
 25.10  amended to read: 
 25.11     10A.34 [REMEDIES.] 
 25.12     Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
 25.13  a duty under ~~sections 10A.02 to 10A.34 shall be~~ this chapter is 
 25.14  personally liable for the penalty for failing to discharge it. 
 25.15     Subd. 1a.  [LATE FILING FEES.] The board may bring an 
 25.16  action in the district court in Ramsey county to recover any 
 25.17  late filing fee or civil penalty imposed or public subsidy paid 
 25.18  pursuant to any provision of this chapter.  All money recovered 
 25.19  shall be deposited in the general fund of the state. 
 25.20     Subd. 2.  [INJUNCTION.] The board or a county attorney may 
 25.21  seek an injunction in the district court to enforce ~~the~~ 
 25.22  ~~provisions of sections 10A.02 to 10A.34~~ this chapter. 
 25.23     Subd. 3.  [NOT A CRIME.] Unless otherwise provided, a 
 25.24  violation of ~~sections 10A.02 to 10A.34~~ this chapter is not a 
 25.25  crime but is subject to a civil penalty imposed by the board in 
 25.26  an amount up to $300. 
 25.27     Subd. 4.  [AWARD OF COSTS.] If the board prevails in an 
 25.28  action to enforce this chapter, the board may request and the 
 25.29  court may award to the board its costs, disbursements, 
 25.30  reasonable attorney fees, and witness fees. 
 25.31     Subd. 5.  [PENALTY FOR FALSE COMPLAINTS.] A person who 
 25.32  knowingly makes a false or bad faith complaint or report of an 
 25.33  alleged violation of this chapter is subject to a civil penalty 
 25.34  imposed by the board of up to $300. 
 25.35     Sec. 34.  Minnesota Statutes 1998, section 200.02, is 
 25.36  amended by adding a subdivision to read: 
 26.1      Subd. 23.  [PARTY UNIT.] "Party unit" means the state party 
 26.2   organization; the party organization within a house of the 
 26.3   legislature; or the party organization within a congressional 
 26.4   district, county, legislative district, municipality, or 
 26.5   precinct. 
 26.6      Sec. 35.  Minnesota Statutes 1998, section 211A.02, 
 26.7   subdivision 2, is amended to read: 
 26.8      Subd. 2.  [INFORMATION REQUIRED.] The report to be filed by 
 26.9   a candidate or committee must include:  
 26.10     (1) the name of the candidate or ballot question; 
 26.11     (2) the name and address of the person responsible for 
 26.12  filing the report; 
 26.13     (3) the total amount of receipts and expenditures for the 
 26.14  period from the last previous report to five days before the 
 26.15  current report is due; 
 26.16     (4) the purpose for each expenditure; and 
 26.17     (5) the name of any individual or committee that during the 
 26.18  year has made one or more contributions that in the aggregate 
 26.19  are ~~equal to or greater~~ more than ~~$500~~ $100.  
 26.20     Sec. 36.  Minnesota Statutes 1998, section 211A.12, is 
 26.21  amended to read: 
 26.22     211A.12 [CONTRIBUTION LIMITS.] 
 26.23     Subdivision 1.  [INDIVIDUALS AND COMMITTEES.] A candidate 
 26.24  or a candidate's committee may not accept aggregate 
 26.25  contributions made or delivered by an individual or committee in 
 26.26  excess of $300 in an election year for the office sought and 
 26.27  $100 in other years; except that a candidate or a candidate's 
 26.28  committee for an office whose territory has a population over 
 26.29  100,000 may not accept aggregate contributions made or delivered 
 26.30  by an individual or committee in excess of $500 in an election 
 26.31  year for the office sought and $100 in other years.  
 26.32     The following deliveries are not subject to the bundling 
 26.33  limitation in this section:  
 26.34     (1) delivery of contributions collected by a member of the 
 26.35  candidate's committee, such as a block worker or a volunteer who 
 26.36  hosts a fundraising event, to the committee's treasurer; and 
 27.1      (2) a delivery made by an individual on behalf of the 
 27.2   individual's spouse. 
 27.3      Notwithstanding sections 211A.02, subdivision 3, and 
 27.4   410.21, this section supersedes any home rule charter.  
 27.5      Subd. 2.  [POLITICAL PARTIES.] A candidate and a 
 27.6   candidate's committee together may accept contributions from 
 27.7   political party units in aggregate up to ten times the amount 
 27.8   that may be contributed to the candidate as set forth in 
 27.9   subdivision 1. 
 27.10     Sec. 37.  [211A.125] [MULTICANDIDATE POLITICAL PARTY 
 27.11  EXPENDITURES.] 
 27.12     The following expenditures by a party unit, or two or more 
 27.13  party units acting together, are not considered contributions to 
 27.14  a candidate for the purposes of section 211A.12 and must not be 
 27.15  allocated to candidates under section 211A.02, subdivision 2: 
 27.16     (1) expenditures on behalf of candidates of that party 
 27.17  generally without referring to any of them specifically in a 
 27.18  published, posted, or broadcast advertisement; 
 27.19     (2) expenditures for the preparation, display, mailing, or 
 27.20  other distribution of an official party sample ballot listing 
 27.21  the names of three or more individuals whose names are to appear 
 27.22  on the ballot; 
 27.23     (3) expenditures for a telephone conversation that includes 
 27.24  the names of three or more individuals whose names are to appear 
 27.25  on the ballot; 
 27.26     (4) expenditures for a political party fundraising effort 
 27.27  on behalf of three or more candidates; or 
 27.28     (5) expenditures for party committee staff services that 
 27.29  benefit three or more candidates. 
 27.30     Sec. 38.  Minnesota Statutes 1998, section 290.06, 
 27.31  subdivision 23, is amended to read: 
 27.32     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 27.33  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 27.34  amount of the taxpayer's contributions made in the calendar year 
 27.35  to candidates and to any political party.  The maximum refund 
 27.36  for an individual must not exceed $50 and, for a married couple 
 28.1   filing jointly, must not exceed $100.  A refund of a 
 28.2   contribution is allowed only if the taxpayer files a form 
 28.3   required by the commissioner and attaches to the form a copy of 
 28.4   an official refund receipt form issued by the candidate or party 
 28.5   and signed by the candidate, the treasurer of the candidate's 
 28.6   principal campaign committee, or the party chair, after the 
 28.7   contribution was received.  The receipt forms must be numbered, 
 28.8   and the data on the receipt that are not public must be made 
 28.9   available to the campaign finance and public disclosure board 
 28.10  upon its request.  A claim must be filed with the commissioner 
 28.11  not sooner than January 1 of the calendar year in which the 
 28.12  contribution is made and no later than April 15 of the calendar 
 28.13  year following the calendar year in which the contribution is 
 28.14  made.  A taxpayer may file only one claim per calendar year.  
 28.15  Amounts paid by the commissioner after June 15 of the calendar 
 28.16  year following the calendar year in which the contribution is 
 28.17  made must include interest at the rate specified in section 
 28.18  270.76. 
 28.19     (b) No refund is allowed under this subdivision for a 
 28.20  contribution to any candidate unless the candidate: 
 28.21     (1) has signed an agreement to limit campaign expenditures 
 28.22  as provided in section 10A.322 or 10A.43; 
 28.23     (2) is seeking an office for which voluntary spending 
 28.24  limits are specified in section 10A.25 or 10A.43; and 
 28.25     (3) has designated a principal campaign committee.  
 28.26     This subdivision does not limit the campaign expenditure of 
 28.27  a candidate who does not sign an agreement but accepts a 
 28.28  contribution for which the contributor improperly claims a 
 28.29  refund.  
 28.30     (c) For purposes of this subdivision, "political party" 
 28.31  means a major political party as defined in section 200.02, 
 28.32  subdivision 7, or a minor political party qualifying for 
 28.33  inclusion on the income tax or property tax refund form under 
 28.34  section 10A.31, subdivision 3a.  
 28.35     A "major or minor party" includes the aggregate of the 
 28.36  party organization within each house of the legislature, the 
 29.1   state party organization, and the party organization within 
 29.2   congressional districts, counties, and legislative districts~~,~~ 
 29.3   ~~municipalities, and precincts~~.  
 29.4      "Candidate" means a congressional candidate as defined in 
 29.5   section 10A.41, subdivision 4, or a candidate as defined in 
 29.6   section 10A.01, subdivision 5, except a candidate for judicial 
 29.7   office.  
 29.8      "Contribution" means a gift of money. 
 29.9      (d) The commissioner shall make copies of the form 
 29.10  available to the public and candidates upon request. 
 29.11     (e) The following data collected or maintained by the 
 29.12  commissioner under this subdivision are private:  the identities 
 29.13  of individuals claiming a refund, the identities of candidates 
 29.14  to whom those individuals have made contributions, and the 
 29.15  amount of each contribution.  
 29.16     (f) The commissioner shall report to the campaign finance 
 29.17  and public disclosure board by August 1 of each year a summary 
 29.18  showing the total number and aggregate amount of political 
 29.19  contribution refunds made on behalf of each candidate and each 
 29.20  political party.  These data are public. 
 29.21     (g) The amount necessary to pay claims for the refund 
 29.22  provided in this section is appropriated from the general fund 
 29.23  to the commissioner of revenue. 
 29.24     Sec. 39.  Minnesota Statutes 1998, section 471.895, is 
 29.25  amended to read: 
 29.26     471.895 [CERTAIN GIFTS BY INTERESTED PERSONS PROHIBITED.] 
 29.27     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 29.28  subdivision apply to this section. 
 29.29     (b) "Family" and "gift" ~~has~~ have the ~~meaning~~ meanings 
 29.30  given ~~it~~ them in section 10A.071, subdivision 1. 
 29.31     (c) "Interested person" means a person or a representative 
 29.32  of a person or association that has a direct financial interest 
 29.33  in a decision that ~~a~~ the local official receiving a gift from 
 29.34  the person is authorized to make.  To be "direct," the financial 
 29.35  interest of the giver must be of greater consequence to the 
 29.36  giver than the general interest of all residents or taxpayers of 
 30.1   the official's governmental unit. 
 30.2      (d) "Local governmental unit" means a county or a statutory 
 30.3   or home rule charter city. 
 30.4      (e) "Local official" means ~~an elected or appointed official~~ 
 30.5   ~~of a county or city or of an agency, authority, or~~ 
 30.6   ~~instrumentality of a county or city.~~: 
 30.7      (1) a person holding elected office in a local governmental 
 30.8   unit; 
 30.9      (2) a person holding an appointive office as a member of a 
 30.10  board, agency, authority, or instrumentality of the local 
 30.11  governmental unit; 
 30.12     (3) the chief administrator or deputy administrator of a 
 30.13  department, board, agency, authority, or instrumentality of the 
 30.14  local governmental unit; or 
 30.15     (4) an attorney of the local governmental unit. 
 30.16     Subd. 2.  [PROHIBITION.] An interested person may not give 
 30.17  a gift or request another to give a gift to a local official.  A 
 30.18  local official may not accept a gift from an interested person. 
 30.19     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
 30.20  section do not apply if the gift is: 
 30.21     (1) a contribution as defined in section 10A.01, 
 30.22  subdivision 7, or 211A.01, subdivision 5, or as defined by 
 30.23  federal law for contributions to candidates for federal offices; 
 30.24     (2) services to assist ~~an~~ the official in the performance 
 30.25  of official duties, including but not limited to providing 
 30.26  advice, consultation, information, and communication in 
 30.27  connection with legislation, and services to constituents; 
 30.28     (3) services of insignificant monetary value; 
 30.29     (4) a plaque or similar memento recognizing individual 
 30.30  services in a field of specialty or to a charitable cause; 
 30.31     (5) a trinket or memento of insignificant value; 
 30.32     (6) informational material of ~~unexceptional~~ insignificant 
 30.33  value or that will assist the official in the performance of 
 30.34  official duties; ~~or~~ 
 30.35     (7) a cup of coffee or other refreshments not to exceed $5 
 30.36  in value given by a host as part of ordinary office hospitality 
 31.1   or at a meeting away from the offices of the governmental entity 
 31.2   in which the recipient official holds office; 
 31.3      (8) food or a beverage given at a ~~reception, meal, or~~ 
 31.4   meeting away from the ~~recipient's place of work~~ offices of the 
 31.5   governmental entity in which the recipient official holds office 
 31.6   by an organization before whom the recipient appears to make a 
 31.7   speech or answer questions as part of a program, and reasonable 
 31.8   travel and lodging expenses actually incurred and necessary for 
 31.9   participation in the program; or 
 31.10     (9) food or beverage not to exceed $40 in value given by a 
 31.11  host at a family event such as a wedding or graduation. 
 31.12     (b) The prohibitions in this section do not apply if the 
 31.13  gift is given: 
 31.14     (1) because of the recipient's membership in a group, a 
 31.15  majority of whose members are not local officials, and an 
 31.16  equivalent gift is given or offered to the other members of the 
 31.17  group; ~~or~~ 
 31.18     (2) by a national or multistate organization of 
 31.19  governmental organizations or public officials, if a majority of 
 31.20  the dues to the organization are paid from public funds, to 
 31.21  participants in a conference, seminar, meeting, or trip 
 31.22  sponsored by that organization, if an equivalent gift is given 
 31.23  or offered to all other participants, even if the gift to the 
 31.24  local official was made possible by a gift to the organization 
 31.25  by an interested person; 
 31.26     (3) to a local official attending the national convention 
 31.27  of a major political party or the inauguration of the president 
 31.28  of the United States; 
 31.29     (4) to a statewide organization of governmental units to 
 31.30  underwrite the general operating costs of the organization or a 
 31.31  conference or seminar sponsored by the organization; 
 31.32     (5) by an interested person who is a member of the family 
 31.33  of the recipient, unless the gift is given on behalf of someone 
 31.34  who is not a member of that family~~.~~; 
 31.35     (6) by an interested person as a contribution of a prize or 
 31.36  money to purchase a prize for an event that is designed to 
 32.1   benefit an organization that qualifies under section 501(c)(3) 
 32.2   of the Internal Revenue Code of 1986; or 
 32.3      (7) to a local official who acts only as the agent for the 
 32.4   giver in making a gift to a foreign dignitary. 
 32.5      (c) If an employer makes a gift in the normal course of 
 32.6   employment to an employee, and a local official benefits from 
 32.7   the gift as a member of the employee's family, the prohibitions 
 32.8   in this section do not apply. 
 32.9      Subd. 4.  [RETURN OF GIFT.] A local official who accepts a 
 32.10  gift in a good faith belief that it is lawful and returns it or 
 32.11  gives consideration of equal or greater value for it promptly 
 32.12  upon learning that it was not lawful is not subject to a penalty 
 32.13  for violating this section. 
 32.14     Subd. 5.  [CIRCUMVENTION PROHIBITED.] Any attempt by an 
 32.15  individual or association to circumvent this section by making a 
 32.16  gift through or on behalf of another individual or association 
 32.17  is a misdemeanor. 
 32.18     Subd. 6.  [REMEDIES.] A person charged with a duty under 
 32.19  this section is personally liable for the penalty for failing to 
 32.20  discharge it.  A county attorney may seek an injunction in the 
 32.21  district court to enforce this section.  Unless otherwise 
 32.22  provided, a violation of this section is not a crime. 
 32.23     Sec. 40.  [REPEALER.] 
 32.24     Minnesota Statutes 1998, section 10A.09, subdivision 3, is 
 32.25  repealed.